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2011_03.10 CC PacketKENNEDALE You're Here;Your Home 405 Municipal Drive, Kennedale, Texas 76060 www.citvofl , cennedale.com AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING —MARCH 10, 2011 COUNCIL CHAMBERS WORK SESSION — 5:30 PM REGULAR SESSION — 7:00 PM I. CALL TO ORDER II. ROLL CALL III. WORK SESSION — 5:30 PM A. Discuss and review any item on the agenda, if needed. 1. Discuss independent auditor's report for Near ended September 30 "', 2010. 2. Discuss Police Department crime reporting 3. Discuss draft ends and sub -ends 4. Discuss other items on the agenda *NOTE. Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right to adjourn into Executive Session at any time durinm the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney ou any item posted ou the agenda. REGULAR SESSION - 7:00 PM IV. INVOCATION V. UNITED STATES PLEDGE OF ALLEGIANCE VI. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VII. VISITOR/CITIZENS FORUM At this time, any person Nvith business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. VIII. REPORTS /ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Mavor 1. Proclamation — Meals on Wheels 2. Proclamation — Poison Control 3. Proclamation — National Kids to Parks Dav B. Citv Council C. City Manager IX. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item Nvill be removed from the consent agenda and considered separately. A. Consider approval of meeting minutes: Regular meeting dated February 10 "', 2011 B. Consider approval of Ordinance 474, amending the Fiscal Year 2009 -2010 budget C. Consider approval of Police Department agreement Nvith the city of Arlington regarding mutual aid during special events D. Consider approval of Resolution 353, authorizing the Police Department to submit for a Justice Assistance Grant to fund updates to outdated video recording technology E. Consider approving extension of interlocal agreement Nvith the Fort Worth Transportation Authority regarding administrative funding for the senior transportation program F. Consider approval of Change Order No. 4 for Bovman Springs Road G. Consider approval of Resolution 355 to support the legislative activities of the alliance of ONCOR Cities during the 82nd session of the Texas legislature as they affect electric utility ratemaking X. REGULAR ITEMS H. Discuss and consider approval of independent auditor's report for Near ended September 30th, 2010 L Discuss and consider Resolution 354, expressing official intent to reimburse costs of city projects from tax- exempt obligations to be issues by the city of Kennedale and other matters related thereto Page 2 of 4 J. Consider authorizing the City Manager to execute a contract Nth FTW and Melton Trucking for retrieval and transport of World Trade Center steel beam from the New York Citv Port Authoritv K. Consider approval to aNvard the 36` Near CDBG contract to Texas Re- Excavation Construction Company for seNver rehabilitation projects on New Hope Road L. Consider Resolution 356 supporting proposed legislation to provide for the transition of municipal sales tax from one use to another and authorizing council members and staff to actively support its passage M. Consider aNvard of bid for 10 acres site out of lots 19, 20, 21A & 2113, block 1, Woodlea Acres Addition to the Fellowship Academv XI. EXECUTIVE SESSION A. The City Council Neill meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation Nvith the City Attorney pertaining to any matter in Nvhich the duty of the City Attornev under the Texas Disciplinary Rules of Professional Conduct may conflict Nvith the Open Meetings Act, including discussion on any item posted on the agenda. 1. Personnel — Annual evaluation of the City Manager B. The City Council Neill meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the folloNving: 1. 5414, 5421,5420, and 5424 High Ridge Road 2. 6708 and 6704 Lindale Road 3. 6713 and 6701 Oak. Crest Drive 4. 900 Sublett Road 5. 400, 824, 623, 913, and 917 Little School Road 6. 838 Woodland Court 7. 209 New Hope Road C. The City Council Nvill meet in closed session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect Nvith Nvhich the city is conducting economic development negotiations. 1. 1000 E. Kennedale Parkvmv Page 3 of 4 XIL RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. N. Consider approval of Resolution 357, AUTHORIZING LEGAL COUNSEL TO PROCEED WITH CONDEMNATION OF LOTS 2 AND 3, BLOCK 1, LAZY "M" ESTATES REVISED, AN ADDITION TO THE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS, BY PLAT RECORDED IN CABINET A, SLIDE 11668, PLAT RECORDS, TARRANT COUNTY, TEXAS XIII. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact Amethyst G. Cirmo, City Secretary, at 817.985.2104 or (TDD) 1.800.735.2989 CERTIFICATION I certIA- that a copy of the March 10 "', 2011, agenda Nvas posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said Agenda Nvas posted on the folloN ing date and time: Monday, March 7 "', 2011 by 5:00 p.m., at least 72 hours preceding the schedule time of said meeting, in accordance Nvith Chapter 551 of the Texas Government Code. Amethyst G. Cirmo, City Secretary Date Agenda Removed from Bulletin Board Page 4 of 4 Staff Report To the Mayor and Council Members Date: March 10 2011 Agenda Item No: Consent - A Subject: Consider approval of meeting minutes: Regular meeting dated February 10 2011 Originated by: Amethyst Cirmo, City Secretary Summary: N/A Staff Recommendation: Staff recommends approval. Disposition by Council: INU � k 405 Municipal Drive, Kennedale, Texas 76060 www.citvofl MINUTES KENNEDALE CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2011 COUNCIL CHAMBERS WORK SESSION — 5:30 PM EXECUTIVE SESSION — 6:15 REGULAR SESSION — 7:00 PM I. CALL TO ORDER Mayor Lankhorst called the work session to order at 5:37 pm. II. WORK SESSION PARTICIPANTS All council members were in attendance, there were no absences. City staff present included: Bob Hart City Manager Kelly Cooper Human Resources Sakura Dedrick Finance III. WORK SESSION — 5:30 PM A. Discuss and review any item on the agenda, if needed. 1. Discuss Atmos Energy franchise fee calculation Salcura Dedrick provided background information and an update on Atmos Energy's method of calculating franchise fees. 2. Discuss CAPP participation Bob Hart provided background information on the join between regional energy entities into TCAP, and the subsequent rates and contract periods available. 3. Discuss 2011 citizen opinion survey Kelly Cooper discussed the 2011 citizen survey, which Nvill be sent to residents Nth the utility bill on March 1, 2011. 4. Discuss amendment to the City Drug and Alcohol Policy regarding Commercial Driver random testing as required by the Department of Transportation Page 1 of 6 Kelly Cooper provided background information on random testing policies at the federal DOT level for government enployees holding CDLs. Council requested that additional information be added to the policy before its presentation during the regular meeting. 5. Discuss other items on the agenda Bob Hart handed out information on the ToN -,n hall meeting that Nvas held on 2/8/2011, including councilmember assignments, city staff assignments, and overall preparation needs for the City Open House on February 26" The Nvork session Nvas adjourned at 6: lOpm. *NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the r0it to adiouru into Executive Session at any time durinz the work session or the regular session to discuss Posted executive session items or to seek lezal advice from the City Attorney ou any item Posted ou the agenda. Due to attendance constraints, Mayor Lankshorst instructed that the Executive session be held prior to the regular meeting. IX. EXECUTIVE SESSION Executive session was called to order at 6:20 pm. A. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation Nvith the City Attorney pertaining to any matter in which the dut -,T of the City Attornev under the Texas Disciplinary Rules of Professional Conduct may conflict Nvith the Open Meetings Act, including discussion on any item posted on the agenda. B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the folloNving: 1. Various properties in Oak. Crest Addition 2. Property at 1029 Bovman Springs Road 3. Various properties on Little School Road C. The City Council Neill meet in closed session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect Nvith which the city is conducting economic development negotiations. 1. Briefing on KEDC incentive for manufacturing business The executive session Nvas adjourned at 6:58 pm. Page 2 of 6 REGULAR SESSION - 7:00 PM Mayor Lankhorst called the regular meeting to order at 7:07 pm. REGULAR SESSION ROLL CALL Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember Bryan Lankhorst Present John Clark Present Brian Johnson Present Jerry Miller Present Kelly Turner Present Liz Carrington Present City staff present included: Bob Hart City Manager Kelly Cooper Human Resources Sakura Dedrick Finance IV. INVOCATION V. UNITED STATES PLEDGE OF ALLEGIANCE VI. TEXAS PLEDGE OF ALLEGIANCE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VII. VISITOR/CITIZENS FORUM At this time, any person Nvith business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. Four (4) citizens signed up to approach the Council: 1. Greg Hudson, Kennedale Chamber of Commerce Executive Director, addressed the council concerning their upcoming luncheon on emotional intelligence, which Nvill be held on Wednesday, Feb 16 "', 2011. 2. Pat Doescher addressed the council Nvith regard to the Texas Independence Parade to be held on March 5 "', 2011. Pat reported that many booth entrants have already signed up to participate and each school in KISD Nvill host a parade float. 3. Felipe Gutierrez, Art Board member, provided information on the Hallway Art Project to be held on February 19 from 6 -8pm in City Hall. Online sign -up for the Art in the Park 5K fun run is also up and running. 4. Kristin Sanders, resident and elementary school attendee, posed questions to the Council regarding recycling initiatives and landscaping concerns Nvith current road projects. Page 3 of 6 VIII. REPORTS /ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Mavor Mavor Lankhorst announced that the piece of steel from the World Trade ToNver that is to be used in the 9/11 memorial is now ready for transport to Kennedale. The annual employee aNvards dinner held on January 28 "' Nvas a success, Nvith Jennifer Bozorgma being named the 2010 Employee of the Year. The City open house Nvill be held on Saturdav, February 28" from loam to 2 pm at the Community Center and Nvill include lunch for attendees. B. Citv Council Councilmember Brian Johnson announced the Kennedale High School talent show, to be held at the high school auditorium on February 24" X. CONSENT AGENDA All matters listed under consent agenda have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item Nvill be removed from the consent agenda and considered separately. A. Consider approval of meeting minutes: Regular meeting dated January 13, 2011 B. Consider acceptance of Police Department Racial Profiling Report C. Consider approval of amendments to the Drug and Alcohol policy to include Commercial Driver Random testing as required by Department of Transportation Motion to approve the consent agenda Nvith changes to the language on drug testing to include all employees who drive a city vehicle Nvas made by Brian Johnson, second by KelIv Turner. Motion passed (5 -0). XI. REGULAR ITEMS D. Conduct a public hearing, discuss and consider approval of Ordinance No. 473 regarding CASE #PZ 11 -0, considering a request by M. Naseem Patel for a zone change of approximately 2/3 acre at James A Arthur Addn Lot 1R2 (3 17 W Kennedale Pl Nvy) from "C2" General Commercial to "C F Restricted Commercial. Rachel Roberts address the council. Last month's ruling on convenient stores made Mr. Patel's current use non - compliant so he has asked for updated zoning that Nvould make him compliant. This update is not in conflict Nvith the comprehensive land use plan, is compatible Nvith surrounding uses, and Nvas given a public hearing in January. Page 4 of 6 Mayor Lankhorst opened the item for a public hearing, to which Charlie Doscher registered his opinion in favor of ordinance approval. Motion to approve Ordinance No. 473 made by Brian Johnson, second by Kelly Turner. Motion passed (5 -0). E. Discuss and consider authorizing temporary permission to Art in the Park to sell alcohol in the TovnCenter Park during the Art in the Park event on April 8, 9, and 10, 2011. Felipe Gutierrez addressed the council for permission to sell alcohol during the Art in the Park festival, noting that a TABC license Nvill be obtained for the event, and that alcohol sales and consumption Nvill be confined to a designated area for a designated time. Profit from the sale of alcohol Nvill be used to fund future Art in the Park related events and for general betterment of the city. Councilmember Miller voiced concern that a family oriented festival may not be an appropriate place to alcohol, and questioned the culpability of the city in case of patron injury or othenvise. The city attorney stated that the Civ has no liability concerns in regard to alcohol sales for this event. Motion to approve Art in the Park's permit for alcohol sales during the Art in the Park event made by John Clark, second by Liz Carrington. Motion passed (4 -1). F. Conduct a public hearing relative to Tarrant County Community Development and Housing for the 37 "' Year Community Development Block Grant (CDBG) Project for Nvater and seNver improvements. Mayor Lankhorst opened a public hearing on the subject. No speakers approached the council. G. Discuss and consider approval of Resolution No. 350, to authorize funding participation Nvith Tarrant County Community Development and Housing for the 37 Near Communitv Development Block Grant (CDBG) project for Nvater and sewer improvements. Larry Ledbetter addressed the council, clarifying that the 2011 CDBG project Neill replace aging clay tiles and brick manholes in low /moderate income areas. This replacement Nvill cut doN -,n on maintenance costs and improve infiltration in the area. Motion to approve 37th Near CDBG project and funding made by Liz Carrington, second by Kelly Turner. Motion passed (5 -0). H. Discuss and consider approval of Resolution No. 351, calling the 2011 General Election. Motion to approve Resolution 351, calling the 2011 General Election on May 14th, 2011 made by Brian Johnson, second by Liz Carrington. Motion passed (5 -0). Discuss and consider approval of Resolution No. 352, authorizing TCAP to negotiate an extension to the current electric supply agreement and approving TCAP contracting Nvith Page 5 of 6 Next Era and authorizing the City Manager to sign a contract Nvith TCAP for the city s electricit -,T needs. Bob Hart addressed the council, recommending that they move into the new TCAP pool and extend the contract for 5 years as stated by the Resolution under consideration. Motion to approve Resolution No. 352 made by Brian Johnson, second by Kelly Turner. Motion passed (5 -0). Discuss and take action defining the method of calculating franchise fees pursuant to the Atmos Franchise Agreement. Sakura Dedrick addressed the council, giving detailed background information on Atmos Energy's franchise fee calculation methods and proposed changes. Councilmember Clark expressed concern and requested that the language of the letter of intent be altered to reflect the city , s perspective on the agreement. Motion to approve Atmos Energy fee on fee agreement Nvith language specIA-ing that the franchise fee is a part of the transmission cost associated Nvith the use of City right of way- made by John Clark, second by Kelly Turner. Motion passed (5 -0). XII. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED. No action Nvas necessary. XIII. ADJOURNMENT Motion to adjourn made by John Clark, second by Liz Carrington. Motion passed (5 -0). Regular meeting Nvas adjourned at 7:58pm. APPROVED: Mavor, Baran Lankhorst ATTEST: Amethvst G. Cirmo, City Secretary Page 6 of 6 Date: March 10, 2011 Agenda Item No: Consent - B Subject: Consider approval of Ordinance 474, amending the Fiscal Year 2009- 2010 budget Originated by: Sakura Moten- Dedrick Summary: The purpose of this budget amendment is to ensure that we are in compliance with budgetary guidelines. Generally, Staff completes two budget amendments each year, if necessary. The first budget amendment occurs in during mid - fiscal year, and the second occurs after the end of the fiscal year to align with the result of the audit. We did not find it necessary to bring forth a mid - fiscal year amendment to Council for the FY09 -10 budget. Recommended Motion: Staff recommends approval. 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mm 'a) a) s= O m w a> w� a) m E w m a m m m m a) o x - o w a a E a 0 a a o O� a a o a a m wJU Zm m m U) 0- W<<F HQ >HJmcnawHJH m jQcnwJU D 0� �0U)U) W I LL J LL p 7 2 Z LL W m w O ca Z 000 a 0 J O O O O O D O Z Z 000 U o 0000000000000000000 M o M O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q o 0 0 0 o N 0 O O O 0000 W 'e 0 0 999 AMA F w o O O M LL o o o O r W o O 0 o Z O O O O O O O O O O O O O O O O O O O O O O a o 0 0 0 o Vl o F < 000 O L6 D Oo�O V �O V w W N O V co o0 LL oOO V (O 0001OON �00000O6�1 20000 N o0O V 0o LO LO X 00 N N } r N co co w LO U O w N N N N In N N N N (O 00 00 In N N w I- U Lo Lo Lo Lo Lo J U In co V V In N N N N N N N N N N N N N N N N N N N W--- -- V In N V O- a W N N N N N N N N N N N N N N N N N N N N N N a M LL' ORDINANCE NO. 474 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING THE BUDGET OF THE CITY OF KENNEDALE, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas Fiscal Year 2009 -2010 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, the City Council of the City of Kennedale, Texas hereby finds and determines that it is prudent to amend specific line items due to unforeseen situations that have occurred in the City and impacted those line items; and WHEREAS, the City Council of the City of Kennedale, Texas further finds that the amendments, as set forth in Exhibit "A," will serve in the public interest and are necessary to support City operations; and WHEREAS, the City Council of the City of Kennedale, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. The City of Kennedale, Texas, Fiscal Year 2009 -2010 Budget is hereby amended to fund the line items as stated in Exhibit "A." This Amendment No. 1 (Exhibit "A ") to the Original Budget of the City of Kennedale, Texas, for the Fiscal Year 2009 -2010 shall be attached to and made part of the Original Budget by the City Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first budget amendment that has occurred since the October 1, 2009 effective date of the Town's Fiscal Year 2009 -2010 Budget. SECTION 3. That this Ordinance shall be cumulative of all other Ordinances of the City affecting the Fiscal Year 2009 -2010 Budget of the City and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the City of Kennedale, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. The City Secretary of the City of Kennedale is hereby directed to engross and enroll this Ordinance in the Ordinance records of the City and to properly record this Ordinance in accordance with the City Charter. SECTION 6. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 10th day of March 2010. APPROVED: Mayor, Bryan Lankhorst ATTEST: Amethyst Cirmo, City Secretary Staff Repot To the Honorable Mayor and City Council Date: March 10, 2011 Agenda Item No: Consent - C Subject: Consider approval of Police Department agreement with the City of Arlington regarding mutual aid during special events. Originated by: Police Chief Tommy Williams Summary: Attached for council consideration is an agreement from the Arlington Police Department for a mutual aid pact. This is being requested so that a formal agreement is in place in the event that either city needs assistance during a major event. The agreement has been reviewed and approved by the City Attorney's office. Recommendation: Staff recommends approving the agreement. Disposition by Council: C: \Documents and Settings\ cbrown \mydocuments \samplestaffreport THE STATE OF TEXAS § COUNTY OF TARRANT § SPECIAL EVENTS AGREEMENT KNOW ALL BY THESE PRESENTS: THIS SPECIAL EVENTS AGREEMENT (hereafter "Agreement ") is entered into this day of , 2010, between the CITY OF ARLINGTON, TEXAS (hereafter "ARLINGTON "), and the executing below (hereafter "} W I T N E S S E T H WHEREAS, the City of Arlington is home to Cowboys Stadium (hereafter "Stadium "); WHEREAS, numerous large venue events are held at the Stadium each year; WHEREAS, Cowboys Stadium, LP (hereafter "CSLP ") is primarily responsible for the provision of public safety at the Stadium, and provides such by the employment of off - duty peace officers; WHEREAS, in the event that CSLP is unable to obtain the necessary off -duty officers required, ARLINGTON may need to obtain the services of on -duty peace officers in order to provide the necessary law enforcement services needed at large venue events; WHEREAS, both parties occasionally have large events in their jurisdictions whereby they need to obtain the services of on -duty peace officers in order to provide the necessary law enforcement services for those events; and WHEREAS, in accordance with Chapter 362 of the Texas Local Government Code a county, municipality or joint airport may enter into an agreement to form a mutual aid law enforcement task force; NOW THEREFORE, In consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: Purpose of Agreement The purpose of this Agreement is to set the terms, conditions, and processes by which ARLINGTON or may request and obtain law enforcement services or explosive ordinance disposal (hereafter "EOD ") services from the other. II. Definitions The following terms shall have the following meanings when used in this Agreement: 1. "Law Enforcement Officer" means any commissioned peace officer as defined under the Texas Code of Criminal Procedure. 2. "Chief Law Enforcement Officer" means the Chief of Police of a municipality or other local governmental entity or the Sheriff of a County. 3. "NIMS" means the National Incident Management System of the Department of Homeland Security, that provides a consistent approach to the effective management of situations involving natural disasters, man -made disasters or terrorism and contains a practice model for the accomplishment of the responsibilities associated with prevention, preparedness, response, recovery and mitigation of all major and national hazard situations. III. Term This Agreement shall first become effective upon the date first written above and remain in effect indefinitely, unless terminated earlier as hereinafter described. IV. Request for Assistance Whenever ARLINGTON or is scheduled to have a large event for which it needs additional on -duty peace officers, it may request assistance from the other party. The requesting party shall complete an Addendum in substantial form to the Addendum attached hereto as Exhibit "A ". Exhibit "A" is incorporated by reference as if written word for word. The requesting party (hereafter "REQUESTING MEMBER ") will provide the Addendum to the other party (hereafter "RESPONDING MEMBER "), and if RESPONDING MEMBER is agreeable to providing such personnel and equipment, then RESPONDING MEMBER shall evidence such by executing the Addendum and returning to REQUESTING MEMBER. Once executed by both ARLINGTON and the , the Addendum shall thereafter become a part of this Agreement and be subject to its terms and conditions. However, in the event of conflict between an Addendum and this Agreement, the Addendum shall control. By executing an Addendum, the officers and /or agents executing are acknowledging that they are properly authorized to execute the Addendum on behalf of their represented entity and certifies to the other that any necessary (2) resolutions or actions extending such authority have been duly passed and are in full force and effect. VI. Operational Control All personnel of a RESPONDING MEMBER shall report to REQUESTING MEMBER'S on -scene commander at the location to which said law enforcement personnel have been dispatched and shall be under the operational command of REQUESTING MEMBER'S Chief Law Enforcement Officer or his designee. However, in the event that a command conflicts with the general orders of the RESPONDING MEMBER, the personnel of a RESPONDING MEMBER shall notify REQUESTING MEMBER'S Chief Law Enforcement Officer or his designee of the conflict and comply with the command to the fullest extent allowed by the RESPONDING MEMBER's general orders. REQUESTING MEMBER'S Chief Law Enforcement Officer may contact the RESPONDING MEMBER's Chief Law Enforcement Officer to attempt to resolve the conflict. However, the law enforcement personnel of a RESPONDING MEMBER does not have to comply with any portion of a command that conflicts with the general orders of the RESPONDING MEMBER unless the RESPONDING MEMBER's Chief Law Enforcement Officer notifies him that the determination has been made that the command does not conflict with the RESPONDING MEMBER's general orders. VII. Release Personnel of the RESPONDING MEMBER will be released by the REQUESTING MEMBER according to the terms of the Addendum, or when their services are no longer necessary, whichever is earliest. In the event that an unforeseen emergency arises in a RESPONDING MEMBER's jurisdiction while the RESPONDING MEMBER's law enforcement officers are providing services in REQUESTING MEMBER'S jurisdiction under this Agreement via an Addendum, the RESPONDING MEMBER may recall its peace officers to their jurisdiction. VIII. Qualifications of Office and Oath While any law enforcement officer regularly employed by a RESPONDING MEMBER is in the service of REQUESTING MEMBER under this Agreement, said law enforcement officer shall be deemed to be a peace officer of REQUESTING MEMBER and be under the command of REQUESTING MEMBER'S Chief Law Enforcement Officer with all powers of a law enforcement officer of REQUESTING MEMBER as if said law enforcement officer were within the territorial limits of the governmental entity where said officer is regularly employed. Personnel assigned under this Agreement by the RESPONDING MEMBER shall be compliant with NIMS. The qualifications of office of said law enforcement officers where regularly employed shall constitute his or her qualifications (3) for office within the territorial limits of REQUESTING MEMBER and no additional oath, bond or compensation shall be required. IX. Right to Reimbursement The RESPONDING MEMBER which regularly employs the law enforcement officer shall pay all wages and disability payments, pension payments, damages to equipment and clothing, medical expenses, and travel, food and lodging expenses of said officer. After the RESPONDING MEMBER has made payment, or replaced the damaged equipment or clothing, and requested reimbursement from REQUESTING MEMBER for such expense, then REQUESTING MEMBER shall reimburse the RESPONDING MEMBER in the amount of the payment or expense in a timely manner; provided however, that the payment shall be in line with the estimated costs agreed to by the parties in the Addendum for such services. The parties acknowledge that any funds expended shall be made from current funds legally available to the parties. X. Officer Benefits Each RESPONDING MEMBER shall provide the same wage, salary, pension, and all other compensation and rights, including injury or death benefits to its law enforcement officers or other police personnel assigned to the assistance of REQUESTING MEMBER under this Agreement. Said benefits shall be the same as though the law enforcement officer or personnel in question had been rendering service within the territorial limits of the jurisdiction where he or she is regularly employed. All wage and disability payments, including worker compensation benefits, pension payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the RESPONDING MEMBER which regularly employs the officer providing service pursuant to this Agreement in the same manner as though such service had been rendered within the limits of the RESPONDING MEMBER where such person or law enforcement officer is regularly employed. REQUESTING MEMBER shall reimburse RESPONDING MEMBER the costs associated with its provision of such benefits. After the RESPONDING MEMBER has made payment and requested reimbursement from REQUESTING MEMBER, then REQUESTING MEMBER shall reimburse the RESPONDING MEMBER in the amount of the payment in a timely manner; provided however, that the payment shall be in line with the estimated costs agreed to by the parties in the Addendum for such services. X1. Liability REQUESTING MEMBER agrees to be responsible for any civil liability that arises from the furnishing of law enforcement services by a RESPONDING MEMBER. However, nothing herein shall be construed to expand or enlarge the legal liability of a party (4) to this Agreement for any alleged acts or omissions of any employee beyond that which might exist in the absence of this Agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature whatsoever to any claim against a party hereunder or against an officer or employee of a party hereunder. Nothing herein adds to or changes the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice and Remedies Code, or any other law. (5) XII. Immunity Not Waived Each party hereto expressly does not waive any immunity or other defenses to any civil claims by the execution of this Agreement. It is understood and agreed that, by executing this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense which otherwise is available in claims arising out of or in connection with, any activity conducted pursuant to this Agreement. XIII. Arrest Authority Outside Primary Jurisdiction It is expressly agreed and understood that a law enforcement officer employed by a RESPONDING MEMBER who performs activities pursuant to this Agreement may make arrests outside the jurisdiction in which said officer is regularly employed, but within the area covered by this Agreement; provided, however, that the law enforcement agency of REQUESTING MEMBER and /or the jurisdiction in which the arrest is made shall be notified of such arrest without unreasonable delay. The police officers employed by the RESPONDING MEMBER shall have such investigative or other law enforcement authority in the jurisdictional area of REQUESTING MEMBER as is reasonable and proper to accomplish the purposes for which a request for mutual aid assistance is made pursuant to this Agreement. XIV. Termination Provided REQUESTING CITY is not currently under agreement via an Addendum to provide law enforcement services for an upcoming event, a RESPONDING MEMBER may terminate its participation or rights and obligations by providing thirty (30) days written notice via certified mail to REQUESTING MEMBER'S Chief Law Enforcement Officer. XV. Inter'urisdictional Pursuit Agreement The parties to this Agreement hereto expressly understand and agree that this Agreement does not in any way modify or restrict the procedures or guidelines which are followed by any law enforcement agency or party pursuant to the Inter - Jurisdictional Pursuit Policy Agreement to which ARLINGTON or may be parties. To the extent any provision of, or action taken pursuant to, the Inter - Jurisdictional Pursuit Policy Agreement may be construed to conflict with the terms and conditions of this Agreement, the terms of the Inter - Jurisdictional Pursuit Policy Agreement shall control as to those particular actions. W XVI. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the other party involved. Forbearance or indulgence by a party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. XV11. Venue Each party to this Agreement agrees that if legal action is brought under this Agreement, the venue shall lie in the county in which the defendant party is located, and if located in more than one county, then it shall lie in the county in which the principal offices of said defendant parties are located. The parties hereby stipulate and agree that this Agreement is to be construed and applied under Texas law. XVIII. Entire Agreement This Agreement embodies the complete agreement of the parties, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. XIX. Severabilit If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XX. Successors and Assigns The parties each bind themselves, their successors, executors, administrators and assigns to the other parties. The parties shall not assign, sublet or transfer their interest in this Agreement without the written consent of the other party. (7) XXI. Applicable Law The parties shall observe and comply with all applicable Federal, State and Local laws, rules, ordinances and regulations that affect the provision of services provided herein. XXII. Non -- Waiver It is further agreed that one (1) or more instances of forbearance by any party in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIII. No Third Party Beneficiary For purposes of this Agreement, including its intended operation and effect, the parties hereto specifically agree and contract that: (1) the Agreement only affects matters /disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with any of the parties hereto; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to any of the parties. XXIV. Headings The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXV. Authorization and Execution Each party certifies to the other that the undersigned officer and /or agent which signs this Agreement on its behalf is properly authorized to execute this Agreement on behalf of that party, and each party hereby certifies to the other that any necessary resolutions or actions extending such authority have been duly passed and are now in full force and effect. REST OF THIS PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE IMMEDIATELY FOLLOWING IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. M . ATTEST: CITY OF ARLINGTON, TEXAS Trey Yelverton Deputy City Manager Date: Mary J. Supino, City Secretary ATTEST: City Secretary APPROVED AS TO FORM: JAY DOEGEY, City Attorney IN CITY OF , TEXAS BY Printed Name: Title: Date: APPROVED AS TO FORM: City Attorney In RM Exhibit "A" Addendum Form {1o} Addendum This Addendum, effective as of the date signed by Responding Member, shall become a part of the Special Events Agreement ( "Agreement ") entered into between the City of Arlington and , and be subject to its term and conditions as specified therein. City of Arlington, Texas Address: Address: Contact: Date of Request: Contact: Event: Date(s) of Event: Location of Event: Description and Quantity of Personnel Requested: Dates Needed (if different than date of Event): Description and Quantity of Equipment Requested: Dates Needed (if different than date of Event): Description of Other Items Requested: Dates Needed (if different than date of Event): Other Terms and Conditions Subject to this Addendum Only: Total Estimated Costs to be Reimbursed Requested by: Requesting Member Date: Upon acceptance by Responding Member, this Addendum shall form an Addendum to the Agreement and be subject to its terms and conditions. Accepted by: Responding Member Date: Date: March 10, 2011 Agenda Item No: Consent - D Subject: Consider approval of Resolution 353, authorizing the Police Department to submit for a Justice Assistance Grant for updates to outdated video recording technology Originated by: Police Chief Tommy Williams Summary: Attached for council consideration is a Justice Assistance Grant (JAG) resolution. This resolution is required as part of a JAG application for a Digital Mobile Video network. The grant requires no matching funds and, if awarded, would fund a complete changeover to a digital system including the in -car systems, base station server, and related equipment. This grant is being applied for in an effort to replace our VHS format systems currently in use. Recommendation: Staff recommends approving the resolution. Disposition by Council: RESOLUTION NO. 353 A RESOLUTION OF THE CITY OF KENNEDALE, TEXAS DESIGNATING AN OFFICIAL AS BEING RESPONSIBLE IN DEALING WITH THE CRIMINAL JUSTICE DIVISION OF THE STATE OF TEXAS FOR THE PURPOSE OF PARTICIPATING IN A GRANT FOR A DIGITAL MOBILE VISION SYSTEM; CERTIFYING THAT THE CITY OF KENNEDALE IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; AND CERTIFYING THAT THE CITY OF KENNEDALE WILL PROVIDE ANY MATCHING FUNDS REQUIRED FOR THE GRANT. WHEREAS, the City Council of the City of Kennedale finds it in the best interest of the citizens of Kennedale that the Digital Mobile Vision be operated for the 2011 -2012 year; and WHEREAS, the City Council agrees to provide applicable matching funds for the said project as required by the Justice Assistance Grant; and WHEREAS, the City Council agrees that in the event of a loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the City Council designated Lyle Valentich as the grantee's authorized official. The authorized official is given to power to apply for, accept, reject, alter, or terminate the grant on behalf of the recipient agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS approves submission of the grant application for Digital Mobile Vision to the Office of the Governor, Criminal Justice Division. PASSED, APPROVED and EFFECTIVE this 10th day of March, 2011. Grant Number: 2446401 Mayor, Bryan Lankhorst ATTEST: Amethyst G. Cirmo, City Secretary Staff Report To the Mayor and Council Members Date: March 10, 2011 Agenda Item No: Consent - E Subject: Consider approving extension of the interlocal agreement with the Fort Worth Transportation Authority regarding administrative funding for the senior transportation program. Originated by: Bob Hart, City Manager Summary: N/A Recommendation: Staff recommends approval Disposition by Council: C: \Documents and Settings\ cbrown \mydocuments \samplestaffreport T Contract No. City Secretary Contract No. INTERLOCAL AGREEMENT FOR ADMINISTRATIVE COSTS FUNDING FOR SECTION 5310 PROGRAM BETWEEN THE FORT WORTH TRANSPORTATION AUTHORITY AND THE CITY OF KENNEDALE, TEXAS The Fort Worth Transportation Authority ( "T") and the City of Kennedale, Texas ( "City ") are both local governmental entities as that term is used in Chapter 791, Interlocal Cooperation Contracts, V.T.C.A., Government Code. They shall sometimes be referred to collectively as the "Parties ". WHEREAS, the City of Kennedale desires to provide door -to -door paratransit services for elderly and persons with disabilities within Tarrant County and does not have a transportation service nor is a member of a transportation authority; and WHEREAS, the Fort Worth Transportation Authority is a federal grantee of the Federal Transit Administration and the Federal Transit Administration provides funding to States under Section 5310 of Title 49 of the United States Code, and the goal of the Section 5310 program is to provide transportation for elderly and disabled persons residing in cities that do not have public transportation available to them; and WHEREAS, the Texas Department of Transportation (TxDOT) asked the T to develop and implement a Section 5310 program (TCTS) for otherwise under served communities in Tarrant County; and WHEREAS, the Fort Worth Transportation Authority has been awarded the grant for this area and the City of Kennedale is contributing $1,288.00 towards the administrative costs of the Section 5310 service (TCTS); and WHEREAS, the monies will support a portion of administrative costs for the transportation services to the described peoples during a 12 month period; Interloca!- Tarrant County Transportation Services Section 5310 program -- City of Kenncdafe and The T— Page I The parties pursuant to City of Kennedale action and Fort Worth Transportation Authority action agrees as follows: 1. This program is called Tarrant County Transportation Services (TOTS). This transportation is provided for a variety of purposes such as medical appointments, shopping or recreation. 2. Each party represents to the other that the delegated costs of the project under the Agreement, as well as any payments made by it pursuant to this Agreement, will be made from current revenues and/or specified grant funds. Further, each Party warrants and represents to the other party that each Party has been authorized by it respective governing body to do so. Each party further represents and warrants to the other Party that any renewal of, deletion, or change to this Agreement will be in writing and authorized by its respective governing body. 3. The Fort Worth Transportation Authority will administer transportation services to the citizens of the City of Kennedale under the program known as Tarrant County Transportation Services from January 1, 2011 through December 31, 2011. 4. The Fort Worth Transportation Authority will administer demand responsive transportation services for the seniors and persons with disabilities of Kennedale according to the federal requirements of the Section 5310 grant and according to the relevant State of Texas statutes. 5. The City of Kennedale will pay the authorized amount to the Fort Worth Transportation Authority within 30 days of receipt of invoice. 6. Fort Worth Transportation Authority will provide access upon request to the Section 5310 records to the City of Kennedale. 7. Parties will comply with all applicable State of Texas and federal statutes and regulations as required by their status as a federal grantee and transit authority of the State of Texas, and federal grantee and municipality of the State of Texas, respectively. 8. The term of this agreement will begin January 1, 2011 and end December 31, 2011. 9. The City of Kennedale will be considered a participating community and the qualifying residents of Kennedale will be entitled to ride TCTS for a one -way trip fare of $2.50. Interlocal- Tarrant County Transportation Services Scction 5310 program —City of Kennedale and The T— Page 2 CITY OF KENNEDALE, TEXAS By: Mayor ATTEST: APPROVED AS TO FORM: City Attorney City of Kennedale, Texas FORT WORTH TRANSPORTATION AUTHORITY: By: Richard L. Ruddell President/Executive Director APPROVED AS TO FORM: Sylvia Hartless General Counsel Fort Worth Transportation Authority lnterlocal Tarrant County Transportation Services Section 5310 program — City of Kcnnedaie and The T— Page 3 Staff Report To the Honorable Mayor and City Council Date: March 10 2010 Agenda Item No: Consent - F Subject: Consider approval of Change Order No. 4 for Bowman Springs Road (TNP #KEN08305 -02). Originated by: Larry Hoover, Street Superintendent Summary: The Bowman Springs Road project awarded to Jackson Construction Ltd. by the City Council on February 11, 2010 for $2,548,158.00 is nearing completion. Change order No. 4 consists primarily of changes required by outside entities to complete the proposed facilities. Items 2, 3, 6, and 8 involve the outside entities of TxDOT, Union Pacific Railroad, Oncor, and AT &T and total $ 75,264.27 (total change order is $ 90,804.78). Items No. 4 and 5 involve agreements with staff and the landowners in the acquisition of the Right of Way for the road project. Items 1 and 7 are the result of staff adjustments to ensure proper placement of utilities to prevent conflicts. The contract totals will increase from $2,712,943.46 to $ 2,803,748.24 and the time will remain at 425 calendar days. 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"�' �'a I� r ig me T IfLi'>kt ", IVAR 'p PAM Nay' II M �.gr. x? _ f C"" 1 ryI l t l , � - S I ` q�k? v i .14x gi+ u : I ;u 7 3 �. 1 ids li 1� , �• I � _ f C"" 1 ryI l t l , � - S I ` q�k? .14x EI I ;u 3 �. 1 Staff Repot To the Honorable Mayor and City Council Date: March 10, 2011 Agenda Item No: Consent - G Subject: Consider approval of Resolution 355 to support the legislative activities of the alliance of ONCOR CITIES during the 82nd session of the Texas legislature as they affect electric utility ratemaking Originated by: Bob Hart, City Manager Summary: Please see attached document. Recommendation: Staff recommends approval. Disposition by Council: AGENDA INFORMATION SHEET ITEM NO. RESOLUTION TO SUPPORT THE LEGISLATIVE ACTIVITIES OF THE ALLIANCE OF ONCOR CITIES DURING THE 82 SESSION OF THE TEXAS LEGISLATURE AS THEY AFFECT ELECTRIC UTILITY RATEMAKING ALLIANCE OF ONCOR CITIES The City is participating in a coalition of cities, known as Alliance of Oncor Cities ( "AOC "), in rate cases and certain rulemakings before the Public Utility Commission of Texas . The coalition was formed at the time that TXU was purchased by two equity firms in 2007. The coalition was originally known as the Alliance of TXU / Oncor Cities. The coalition participated in the 81 Regular Session of the Texas Legislature with opposition to legislation which would diminish the role of municipalities in the ratemaking process. VERY IMPORTANT LEGISLATIVE SESSION This session is extremely important. It is expected that several electric utility companies are going to push for legislation during the current session of the Texas Legislature which would effectively eliminate municipalities from being able to play a major role in the setting of electric rates, either at the municipal level or before the Public Utility Commission. The expected legislation would: • eliminate original jurisdiction of cities to set rates; • eliminate reimbursement of municipal rate case expenses; • allow for a timeline so short that it would be impossible to review the books and records of the utility; • allow for annual rate increases based upon a formula. In addition, during this session the Public Utility Commission is up for sunset review, meaning that the Legislature can alter or abolish the Commission. For a regulatory agency undergoing sunset review, the regulated entities have an incentive to try to and reconstitute the agency in a manner which is more to their liking. This is especially true for public utilities. RECOMMENDATION It is recommended by the Steering Committee of the Alliance of Oncor Cities that this resolution be adopted. A Sunset Review session only comes about every twelve (12) years. Municipalities play a vital role in seeing that electric utility rates are set in a manner which results in just and reasonable rates. This vital role is at risk without significant participation at the Capitol by municipal coalitions like AOC. PAYMENT The Steering Committee recommends that each city contribute $1000.00 to this effort. However, payment is completely voluntary. Cities over 10,000 in population are encouraged to contribute $2,000.00. In any event, the Steering Committee would like to have the Council adopt the resolution regardless of the contribution. RESOLUTION NO. 355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, SUPPORTING THE LEGISLATIVE ACTIVITY AND GOALS OF THE ALLIANCE OF ONCOR CITIES ( "AOC ") BEFORE THE TEXAS LEGISLATURE AS THEY RELATE TO THE SETTING OF ELECTRIC UTILITY RATES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of KENNEDALE, Texas, hereinafter referred to as "City," is a member of the Alliance of Oncor Cities ( "AOC "); and, WHEREAS, AOC and its predecessor, the Alliance of TXU /Oncor Cities, has participated in numerous gas utility ratemaking proceedings before the Public Utility Commission of Texas ( "PUC "); and, WHEREAS, during the 82 Regular Session of the Texas Legislature the Public Utility Commission, which sets electric utility rates on appeal from decisions made by municipalities, is up for sunset review; and, WHEREAS, during sunset review the Legislature may consider amending, altering or eliminating laws which affect electric utility ratemaking; and, WHEREAS, it is believed that legislation will be introduced to adversely affect the participation of municipalities in the electric utility ratemaking process at the PUC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The City directs AOC to oppose legislation which allows for: • Annual rate increases based upon a formula or pre -set criteria. • The elimination or reduction in the ability of incorporated municipalities to exercise original jurisdiction to set rates. • The imposition of taxes on ratepayers which are not paid by the gas utility to the Internal Revenue Service or the Texas Comptroller of Accounts; • The setting of rates which unfairly burden low use customers. • The reasonable rate cases expenses by municipalities to be reimbursed by the utility requesting an increase in rates. Section 3. The City authorizes the AOC Steering Committee to hire and direct legislative advocates to act on its behalf during the 82 Regular Session of the Texas Legislature. Section 4. The City will support the legislative effort by the AOC Steering Committee in an amount not to exceed $ Section 5. That a copy of this resolution shall be sent to Mr. Jim Boyle, Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701. Section 6. That the meeting at which the aforesaid resolution was adopted was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 7. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this 10th day of February 2011. Mayor, Bryan Lankhorst ATTEST: Amethyst G. Cirmo, City Secretary Staff Repot To the Honorable Mayor and City Council Date: March 10, 2011 Agenda Item No: Regular - H Subject: APPROVAL OF INDEPENDENT AUDITOR'S REPORT FOR YEAR ENDED SEPTEMBER 30, 2010 Originated by: Sakura Moten- Dedrick Summary: A copy of the actual bound Comprehensive Annual Financial Report (CAFR) that will be submitted to the Government Financial Officer's Association (GFOA) will be provided for Council's review in the near future. Staff is in the process of putting it together for the March 31 deadline; however, we have attached a copy of the Independent Auditor's Report that is brought before you every year. The auditor's opinion on the financial statements for the year ended September 30, 2010 is that the statements present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the discretely - presented component unit, each major fund, and the aggregate remaining fund information of the City as of September 30, 2010. The statements also present the respective changes in financial position and cash flows, where applicable, and the budgetary comparison for major fund - types, thus demonstrating the City of Kennedale's end of year financial report is in conformity with the Generally Accepted Accounting Principles (GAAP) as provided by the Governmental Accounting Standard Boards (GASB) of America. Recommended Motion: Staff recommends Council accept and approve the Independent Auditor's Report as presented by Patillo, Brown, & Hill, LLP. Disposition by Council: Staff Repot To the Honorable Mayor and City Council Date: March 10, 2011 Agenda Item No: Regular - I Subject: Discuss and consider Resolution 354, expressing official intent to reimburse costs of city projects from tax - exempt obligations to be issues by the city of Kennedale and other matters related thereto Originated by: Sakura Moten- Dedrick Summary: On October 14, 2010, the City Council authorized staff to order a custom 2011 Pierce Fire Engine Truck through Martin Apparatus, with payment of $456,800 made upon delivery. Several months later on January 13, 2011, the Council authorized the subsequent ordering of a 2011 Horton Emergency Ambulance from Professional Ambulance Texas for $170,474. It too requires payment upon delivery. To offset a portion of the Emergency Ambulance purchase price, Kennedale applied for and received a $35,000 grant from the Texas Department of State Health Services, reducing the total to $135,474. As determined during the FY2010 /11 budget preparation cycle, the City was not in a position to fully fund either item through normal operations or capital expenses, so other financing would be necessary. Further discussions eventually led staff to recommend to Council that the Fire Engine Truck, Emergency Ambulance and associated equipment be funded with and in addition to the City's last remaining bond issuance for our Major Road Projects, specifically Little School Road. The upcoming bond issuance is currently scheduled to occur in the summer of this year, perhaps as early as May. Because the delivery of both aforementioned vehicles will occur in April 2011, before the receipt of bond proceeds, a reimbursement resolution is necessary in order for the City to pay the General Fund back for each purchase. Generally, purchases are made once bond proceeds have been received. However, to take advantage of lower pricing and discounts, staff had to enter into contracts early on with delivery and subsequent payment taking place earlier than anticipated. The reimbursement resolution essentially allows reimbursement for any item that has been paid for either sixty (60) days prior to or eighteen months (18) after the approval of this resolution by Council. In addition to the Fire Truck and Emergency Ambulance, staff also brought forward several equipment purchases associated with outfitting these vehicles during the FY2010 /11 budget submittal. Like the two vehicles, the same recommendation to fund these expenses from bond proceeds was discussed. In anticipation of Council's approval to purchase these durable items, they too have included in the reimbursement resolution total. The total cost of associated equipment is $116,700. This equipment includes: ■ Cardiac Monitor - Defibrillator: Investing in a new state -of- the -art cardiac monitor - defibrillator will enable our firefighter - paramedics to provide enhanced diagnosis, treatment and outcomes for cardiac patients. ■ Powered Lift Ambulance Cot: A modern powered -lift ambulance cot will decrease the cumulative weight a paramedic lifts during a shift by fifty percent (50 %) reducing the risk of back injuries and muscle strains. ■ Vehicle Extrication Equipment: Investing in high quality, vehicle extrication equipment will enable quicker extrication of crash victims. Death and disability resulting from shock increases dramatically when extrication and transport to a trauma center is delayed by less effective extrication tools, such as our current obsolete tool set. Our old jaws -of -life, which is inadequate for cutting and breaking hard points on modern autos, will be moved to reserve status. ■ Thermal Imagers: Thermal imagers improve firefighters' safety and effectiveness by providing an enhanced ability to navigate and work inside a smoke filled building. The rule -of -thumb for a firefighter encountering smoke is if smoke obscures the toe of a firefighter's boot, he /she must drop to both knees and crawl through the area in order to avoid a debilitating fall. Firefighters using thermal imagers are twice as efficient as firefighters without thermal imagers in navigating and searching a smoke filled building for victims. Imagers detect areas of elevated temperatures within rooms, as well as behind closed doors, walls, ceilings, and roofs. • Fire Hose and Nozzles" Field testing all of our fire hose and nozzle combinations and a number of alternative combinations in 2009 -10 proved that we could double the amount of water applied per firefighter with the same perceived effort. The requested equipment will provide identical hose /nozzle loads on both the front -line and reserve fire engines while gaining efficiency. More efficient water application decreases "knock down" time resulting in safer operations with less fire damage. ■ Positive Pressure Ventilation Fan: The PPV fan blows air inside a building to force out heat and smoke will replace a worn out PPV fan. Recommended Motion: Approve reimbursement resolution and additional equipment purchases. Disposition by Council: RESOLUTION NO. 354 EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CITY PROJECTS FROM TAX - EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY OF KENNEDALE AND OTHER MATTERS RELATED THERETO 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, constrict or fund the following projects (referred to collectively herein as the "Projects "): (i) constrict, repair and improve various streets within the City; (ii) acquire and equip an ambulance; and (iii) acquire and equip a fire trick; WHEREAS, the City expects that it will pay expenditures in connection with the Projects prior to the issuance of obligations to finance the Projects; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150 -2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Projects; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS THAT.• SECTION 1. EXPECTATION TO INCUR DEBT. The City reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount currently estimated not to exceed S4, 000, 000, a portion of the proceeds of which are expected to be used for the purpose of paying the costs of the Projects. SECTION 2. REIMBURSEMENT OF PRIOR EXPENDITURES. All costs to be reimbursed pursuant hereto will be capital expenditures within the meaning of Section 1.150 -2 of the Treasury Regulations. No tax - exempt obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3. THREE -YEAR LIMITATION FOR REIMBURSEMENT. The foregoing notwithstanding, no tax - exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. PUBLIC RECORD. The City Council directs that this Resolution shall be maintained as a public record available for inspection by all persons in accordance with the provisions of Chapter 552, Texas Government Code, and that no later than 30 days after this date, this Resolution will be made available for inspection by all members of the general public at the offices of the City. ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE ON THE 10 DAY OF MARCH, 2011. IM Bryan Lankhorst Mayor, City of Kennedale, Texas ATTEST: Amethyst G. Cirmo City Secretary, City of Kennedale, Texas [Signature Page to Reimbu cement Resolution] Staff Repot To the Honorable Mayor and City Council Date: March 10, 2011 Agenda Item No: Regular - I Subject: Consider authorizing the City Manager to execute a contract with FTW for retrieval and transport of World Trade Center steel beam from the New York City Port Authority. Originated by: Bob Hart, City Manager Summary: Contract authorizes FWT and Melton Trucking from Tulsa, Oklahoma to retrieve and transport the necessary material. Recommendation: Staff recommends approval. Disposition by Council: Date: March 10, 2011 Agenda Item No: Regular - K Subject: Consider approval to award the 36th year CDBG contract to Texas Re- Excavation Construction Company for sewer rehabilitation projects on New Hope Rd Originated by: Larry Ledbetter, Public Works Director Summary: The City has an annual Public Works project that is funded by the Community Development Block Grant Program (CDBG) administered by Tarrant County. As part of the process, the County requires that the City authorize the project and pledge any funds that the City may use in participation of the project. This year's recommended project is the sanitary sewer rehabilitation for New Hope Road, Phase II. This project involves reconstruction of approximately 1,200 LF of existing sanitary sewer pipe and manholes. The low bid for the project was submitted by Texas Re- Excavation construction Company in the amount of $125,235.00. The low bidder is an established Contractor with excellent references in the Houston area. Based on references obtained by the engineer and Tarrant County it was determined that they were competent to perform the required work. The 36 year CDBG construction funds amount to $82,873.00. The difference between the CDBG funding and the bid amount will require the city to pledge additional funds. Recommendation: Staff recommends awarding the bid to Texas Re- Excavation Company in the amount of $125,235.00 and approval of $42,362.00 in additional City funds to cover the remaining contract amount. Disposition by Council: NA? TEAGUE NALL AND PERKINS Civil Engineering I Surveying I Landscape Architecture I Planning February 25 , 2011 Mr. Larry Ledbetter City of Kennedale 405 Municipal Drive Kennedale, 'I'X 76060 Re: 36th Year CDBG Project — Kennedale SS Replacement for New Hope Road, Ph. II . Recommendation for Award Dear Larry, The bid opening for the `Sanitary Sewer Replacement for New Hope Road, Phase II was held at the offices of Tarrant County Community Development on, Wednesday, February 2, 2011. The subject project involves reconstruction of approximately 1,200 LF of existing sanitary sewer pipe onNew Hope Road, south of Mansfield Street. Six formal bids were received at the 10:00 AM bid opening and they appear on the attached bid tabulation. We have reviewed the bids for accuracy and omissions and they are in order. The low bid was submitted by Texas Re- Excavation in the amount of $125,235 for Base Bids I and II. The low bidder is a Contractor based in Houston who also has a Dallas office. We requested and received Financial, Experience' and Reference data from the Contractor and proceeded to verify the information prior to making a recommendation for award. Texas ReExcavation is an established Contractor with excellent references in the Houston area but. limited experience in the DFW area. Based on the combined references verified, we determined they were_a competent bidder. The 36th Year CDBG construction funds amount to $82,873.00. The difference between the available CDBG monies and the bid price ($42,3 62) will require supplemental City funding, if the projeA into be awarded. We suggest the City recommend to Tarrant County the award of Base Bid I and II to Texas ReExcavation, 3025 Maxroy, Houston, TX 77008. In addition, the City of Kennedale should agree to participate in the cost of the construction in the amount of approximately $45,000 . We appreciate your consideration of this recommendation and thank you for the opportunity to, again, be of service to the City of Kennedale. Sincerely yours, TEAGUE NALL AND PERKINS se O. Patterson, Jr... Prpject Manager '. Attachment xc: Larry Hoover, City of Kennedale Brad Hearne, Tarrant County, . Texas ReExcavation 1100 Macon Street I Fort Worth, Texas 76102 817.336.5773 phone 817.336.2813 fax wwww. tnp- online.corn Fort Worth & Dallas - n OD -1 W l7vts 3 a� �'3 G� Ofnfn� fl. N � n m m '" " m 2 t m N N d N ©C 005 T w0 -0 -u o ro C obi w� N N ID 0 0 w, S S • p1 O1 � L "` m N^p OS T1 O CL N. a� v � A ro co WE rn w L3� Q ro ?L Q. - w W �. to I .1" - r (D �w(n Wo00ad�`� -IN-l0 N " C) TT'n '79 Y� D'� Ei�; C) O N� IV [I� O cl (11 00 0 O O N o (n O G o 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �( N �yyN4,y� ?�qc�7� -N� NN W Vt O Gl C �i (h 0 0) (h O O Ob O (f1 O O (h 0 0 0 (n O O O O O O P O O O O o Q O O P 0 0 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co En 0 O O (A O O O O O O G (n N o 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 � A�y9 W WPn�N Wtl W Of - +tokh(h nOO(A W �fll N(h (000 �! 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N 0 0 0 P 0 O O a 0 0 0 P Lq 0 uiaa00000 d 0 0 oa "' d f0 l0 N CD N r N h (D�j 0) CD btl99 (M� 69 a ��69 to fA r N 69 i9 C Y7 O o tQ d o O 0 o 0 CS O O O O co O o to .- r O 0 {(O�� a l(j ( �C5 O O C4 ( ({p� h �l1 O ui M , 69�U1 tl)L �f9 M J J J W Ill W �1 W 94 ..-3 J J lEl LL7 J r O N N h N h r r 0 o C). 0 LO to a co Q Y N p m o E N Ai M 1 0 m n M ' t- m a D o a m E �o m Q ow 1 me a r x a 0 O �dQ •- o ai 55�� t vu m y A A �' t4 U c U1 Z' '- 0 0 c LL ir c: u � �a � q�� y n u� �ET� (s UUc°gr�iWm Q m� � �m A 40 0 r- 0 2 ' $.NN y c (L 61 y Q �cti0! Efl ':? N Ul V� A �4 Nooco:rµ �jy�ep a¢¢10ZD tD Q h r N M of to co h C0 0) aT-- N M' In C0 h C0 Y Y Y r Staff Repot To the Honorable Mayor and City Council Date: March 10, 2011 Agenda Item No: Regular - L Subject: Consider Resolution 356 supporting proposed legislation to provide for the transition of municipal sales tax from one use to another and authorizing council members and staff to actively support its passage. Originated by: Bob Hart, City Manager Summary: Please see attachment. Recommendation: Staff recommends approval. Disposition by Council: A BILL TO BE ENTITLED AN ACT relating to elections to allow an additional municipal sales and use tax to be replaced with a transit tax in an increment identical to the additional municipal sales and use tax. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 453.15l(a), Transportation Code, is amended to read as follows: Sec. 453.151. BOARD TO ORDER TAX ELECTION. (a) If the board determines that implementation of a mass transit plan developed by the transit department is feasible, the board shall order an election to approve a local sales and use tax at the rate determined by the board under Section 453.401 tifi'°ss toe M ,,, iei Cede; however, if the municipality that created the transit department imposes an additional municipal sales and use tax under Section 321.1010, Tax Code, an election to approve the local sales and use tax shall require the permission by resolution of the governing body of the municipality and the election shall be in accordance with Section 321.109, Tax Code. SECTION 2. Title 3, Subtitle C, Chapter 321, Subchapter A, Tax Code, is amended by amending Section 321.002(a) to read as follows: Sec. 321.002. DEFINITIONS. (a) In this chapter: (1) "Additional municipal sales and use tax" means only the additional tax authorized by Section 321.101(b). (2) "Chapter 453 tax" means a tax authorized by Chapter 453, Transportation Code. {� 3 "Municipality" includes any incorporated city, town, or village. (� 4) "Place of business of the retailer" means an established outlet, office, or location operated by the retailer or the retailer's agent or employee for the purpose of receiving orders for taxable items and includes any location at which three or more orders are received by the retailer during a calendar year. A warehouse, storage yard, or manufacturing plant is not a "place of business of the retailer" unless at least three orders are received by the retailer during the calendar year at the warehouse, storage yard, or manufacturing plant. An outlet, office, facility, or location that contracts with a retail or commercial business engaged in activities to which this chapter applies to process for that business invoices or bills of lading onto which sales tax is added is not a "place of business of the retailer" if the comptroller determines that the outlet, office, facility, or location functions or exists to avoid the tax imposed by this chapter or to rebate a portion of the tax imposed by this chapter to the contracting business. Notwithstanding any other provision of this subdivision, a kiosk is not a "place of business of the retailer." In this subdivision, "kiosk" means a small stand -alone area or stricture that: (A) is used solely to display merchandise or to submit orders for taxable items from a data entry device, or both; (B) is located entirely within a location that is a place of business of another retailer, such as a department store or shopping mall; and (C) at which taxable items are not available for immediate delivery to a customer. SECTION 3. Title 3, Subtitle C, Chapter 321, Subchapter C, Tax Code, is amended by adding Section 321.109 to read as follows: Sec. 321.109. CHAPTER 453 TAX AND ADDITIONAL MUNICIPAL SALES AND USE TAX. (a) In any municipality in which an additional municipal sales and use tax has been imposed under Section 321.101(b), the municipality may by majority vote of the qualified voters of the municipality voting at an election held for that purpose, adopt a tax under Chapter 453, Transportation Code, and simultaneously vote to abolish the additional municipal sales and use tax, with the Chapter 453 tax rate being phased in at an equal rate over a four year period and the additional municipal sales and use tax rate being phased out at an equal rate over a four year period in an amount inverse per year to the percentage of the Chapter 453 tax rate being phased in over a four year period. The ballot shall reflect that the Chapter 453 tax rate will be the same tax rate at the end of the four year period as the additional municipal sales and use tax rate that is abolished. If the proposition fails, the election shall not affect the additional municipal sales and use tax imposed by the municipality. (b) Tax Code Section 321.101(f) and Transportation Code Section 453.402(a) are not violated if the Chapter 453 tax adopted by this section and the additional municipal sales and use tax will be abolished simultaneously in an increment that will not cause the rate of all sales and use tax imposed by the municipality and other political subdivisions of this state having territory in the municipality to increase in any way nor cause the rate of all sales and use tax imposed by the municipality and other political subdivisions of this state having territory in the municipality to exceed two percent at any location in the municipality_ (c) This Section shall not affect the use of the revenue from the additional municipal sales and use tax as required by Sec. 321.507, Tax Code or any other provision of Chapter 321, Tax Code nor the use of the revenue from the Chapter 453 tax to the extent specified in the Transportation Code. (d) During the four year phase -in period the permissible rates for the Chapter 453 tax imposed under this Section are as follows: (1) Where the final adopted tax rate will be one - quarter of one percent at the end of the four year period, the rates for a Chapter 453 tax during the four year phase -in period shall be: (A) 1/16 of one percent in the first year, (B) 1/8 of one percent in the second year, (C) 3/16 of one percent in the third vear: and (D) 1/4 of one percent in the fourth year and each remaining year the tax adopted under this Section remains in effect. (2) Where the final adopted tax rate will be one -half of one percent at the end of the four year period, the rates for a Chapter 453 tax during the four year phase -in period shall be: (A) 1/8 of one percent in the first year, (B) 1/4 of one percent in the second year, (C) 3/8 of one percent in the third year, and (D) 1/2 of one percent in the fourth year and each remaining year the tax adopted under this Section remains in effect. (e) During the four year phase -in period the permissible rates for the additional municipal sales and use tax abolished in an election pursuant to this Section are as follows: (1) Where the abolished additional municipal sales and use tax rate was one - quarter of one percent at the time of the election under this Section the rates for additional municipal sales and use tax during the four year phase -in period shall be: (A) 3/16 of one percent in the first year, (B) 1/8 of one percent in the second year, (C) 1/16 of one percent in the third year, and (D) no additional municipal sales and use tax shall be collected in the fourth year. 2) Where the abolished additional municipal sales and use tax rate was one -half of one percent at the time of the election under this Section, the rates for additional municipal sales and use tax during the four year phase -in period shall be: (A) 3/8 of one percent in the first year, (B) 1/4 of one percent in the second year, (C) 1/8 of one percent in the third year, and (D) no additional municipal sales and use tax shall be collected in the fourth year. (f) Neither the additional municipal sales and use tax rate nor the Chapter 453 tax rate may be increased or decreased during the four year phase -in period. If an election is held to abolish the Chapter 453 tax during the four year phase -in period under this Section, the effect of a majority vote to abolish the Chapter 453 tax shall be to abolish both the Chapter 453 tax and the remaining additional municipal sales and use tax rate. (�4) At an election under this Section, the ballots shall be prepared to provide for voting for or against the proposition: (1) "Abolish the additional municipal sales and use tax of 1/4 of one percent over a four year period which will decrease at a rate of 1/16 of one percent per year over the first four years following abolition and adoption of a proposed local sales and use tax at the rate of 1/4 of one percent to be imposed at a rate of 1/16 of one percent per year over the first four years following adoption. ", or (2) "Abolish the additional municipal sales and use tax of 1/2 of one percent over a four year period which will decrease at a rate of 1/8 of one percent per year over the first four years following abolition and adoption of a proposed local sales and use tax at the rate of 1/2 of one percent to be imposed at a rate of 1/8 of one percent per year over the first four years after adoption." (h) A Chapter 453 tax adopted pursuant to this Section takes effect on the first day of the second calendar quarter that begins after the date the comptroller receives a copy of the order required to be sent under Transportation Code Section 453.154. An additional municipal sales and use tax reduction pursuant to this Section shall take effect on the same day as a Chapter 453 tax takes effect pursuant to this Section. SECTION 4. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two - thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011. RESOLUTION NO. 356 IN SUPPORT OF PROPOSED TAX LEGISLATION WHEREAS, A potential commuter rail stop has been identified in Kennedale based on the North Central Texas Council of Governments 2030 Transportation Mobility plan WHEREAS, The City of Kennedale will be in need of more flexible tax options when future transportation and transit initiatives need access to reliable funding; and WHEREAS, Legislation is need to provide greater flexibility in securing transportation funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS advocates to the 82 Texas Legislature to pass the proposed amendments to both the Texas Transportation Code and the Tax and Additional Municipal Sales and Use Tax allowing voters in Kennedale to determine future uses of municipal sales tax and authorizing the Mayor, City Council, and city staff to support passage of such legislation. PASSED, APPROVED and EFFECTIVE this 10th day of March, 2011. Mayor, Bryan Lankhorst ATTEST: Amethyst G. Cirmo, City Secretary Date: March 10, 2011 Agenda Item No: Regular - M Subject: Consider award of bid for 10 acres site out of lots 19, 20, 21A & 21B, block 1, Woodlea Acres Addition to the Fellowship Academy Originated by: Bob Hart, City Manager Summary: The Fellowship Academy has submitted the attached bid to purchase 1029 Bowman Springs Road, where they propose to build a pre - Kindergarten tthrough 12 grade school. See attached. Recommendation: Staff recommends approval. Disposition by Council: BID FORM This bid is hereby tendered for 10 acres out of a portion of Lots 19, 20, 21A and 21B, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas located at 1013, 1021, and 1029 Bowman Springs Rd, Kennedale, TX 76060. The property is 13.29 acres fronting on the new Bowman Springs Road. 4.26 acres lies within the floodplain, leaving 9.03 acres for structures. Deadline for bid submittal is Tuesday, March 1, 2011 at 3 :00 PM, City of Kennedale, Attn: City Secretary's Office, 405 Municipal Dr., Kennedale, TX 76060. Bid will be considered during the City Council meeting scheduled for March 10, 2011 at 7:00 p.m., Council Chambers, 405 Municipal Dr., Kennedale, TX 76060. The City reserves the right to accept or reject any and all bids: Minimum standards and conditions of the bid: 1. The sale of the land is intended to strengthen the city's economic base. Please provide information to support the following questions: What is the intended use of the property7 What is the capital cost of the project? "3 rru I 11m BID FORM Page 1 of 3 How many jobs will be created and/or retained? Q� L 10 What is the anticipated timeline to completion of construction? )�Jt of MI What is the projected economic benefit of the proposed project to the City? A rAi p mu w i ll bri as S1itli ml T/.t1YU�iP�S 2. State law requires that the City receive fair market value for the property. Accordingly, the City has established $499,000.00 as the fair market value and the minimum bid. 3. By submitting a bid, the bidder agrees to waive and does hereby waive any claim the bidder has or may have against the City and the City's officers, employees and representatives, including but not limited to any claim for attorney's fees under any of the provisions of the Texas Uniform Declaratory Judgments Act (Texas Civil Practice and Remedies Code, Section 37.001, et. Seq., as amended), arising out of or in connection with the administration, evaluation, or recommendation of any bid, waiver of any requirements under the Bid Documents or any related documents, acceptance or rejection of any bids, and award of the bid. 4. By submitting a bid, the bidder understands and agrees that the City's determination of acceptance, rejection, or award of any bid will be in the sole discretion of the City and will consider factors other than just bid amount, and will be based in large part on the City's evaluation of factors that it believes will best promote economic development in the area surrounding the property. BID FORM Page 2 of 3 5. By execution and submission of this bid, the bidder hereby represents and warrants to the City that the bidder has read and understands the Bid Documents and this bid is made in accordance with the Bid Documents. Bidder acknowledges that it understands all terms and conditions within the Bid Documents which include the waiver provisions and that it had the right to consult with legal counsel regarding all of the above documents. 6. By submitting a bid, the bidder acknowledges that the bidder understands all terms of the Bid Documents and consents to the bidding process and the possibility of a negative assessment. By submitting a bid, the bidder acknowledges and agrees that there was and is no disparity of bargaining power between the bidder and the City. 7. The City reserves the right to a waive, delete, or amend any of the requirements connected with this bid or to reject any or all bids, as it determines to be in the best interests of the City. �' r l nuC tGA , Ce fi Lion of Bidder Bid Amount $ 4 q. 00 , wt �! l�nd/l. I 1� �` �IDUDQ�OL Number bid amount Written bid amount�� Attach additional information, drawings, maps, etc. as desired Auu�� AuthorVed signature of bidder Printed name: MoniC& r- 011i&C Company: -Q� bW D A ai Attested by; II M A .' 1 0 BID FORM Page 3 of 3 CITY OF KENNEDALE BID /PROPOSAL AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all product/service upon which prices are extended at the price offered, and upon the conditions contained in the specifications on the Invitation to Bid. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority a Noiar Public in and for the State of Texas, on this day personally appeared �,1` (� _ �' j e l ^ who after being by me duly sworn, did depose and say: I(% _ MW c4 _ J,ol[tir, am a duly authorized officer and/or agent for and have been duly authorized to execute the foregoing on behalf of the said company. I hereby certify that the foregoing bid has not been prepared in collusion with any other bidder or other person or persons engaged in the same line of business prior to the official opening of this bid. Further, I certify that the bidder is not now, nor has been for the past six (6) months, directly or indirectly concerning in any pool or agreement of combination to control the price of product/service bid on, or to influence any person or persons to bid or not to bid thereon. I also certify that I have not promised any gifts or favors to any person(s) regarding this bid." Please print the following information: Name and address of bidder: Name: M Q n i c ,a . co (I 1 ew Phone: 917 7 f a2 9J Address: l g b o E. �& o aa 5 5( , Printed Name SUBSCRIBE AND SWORN BEFORE ME BY THE ABOVE NAMED _ ./t'[ ll ioA ^ on this day of f& ary 20 �L" - ) AM�? Notary Public in and for the State of Texas IM0. COME CROSS A!Y COMMI9810N EXPIRES NIMMI er%2518 Please answer the following questions: 1. Is the bidder or any person having a direct or indirect financial interest in the bidder, an officer or employee of the City of Kennedale? (Officer includes any member of a City Board or Commission) YLS NO L If yes, please identify the person or persons and the exact nature of the interest: 2. Is the bidder or any officer or manager of the bidder related to any City employee or department head, City Council member of the member of any other City Board or Commission? YES NO _ / If yes, please identify the relationship between bidder and the City: Sign re 2-7-8 -Zoll Date Mor6aA. Lllex Printed Name CITY OF KENNEDALE BID/PROPOSAL VERIFICATION FORM The following questions must be completed in order for your bid to be considered: V.A.C.S. Art 601g: Non- resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non - resident bidder unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to Underbid in the non- resident bidders state. In order to make this determination, please answer the following questions: 1. Address and phone number of your principal place of business: 2. Name and address of principal place of business, and phone number of your company's majority owner: 3. Name and address of principal place of business, and phone number of your company's ultimate parent company: