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Complete Agenda Packet - 06/23/2020Town Council Town of Trophy Club Meeting Agenda 1 Trophy Wood Drive Trophy Club, Texas 76262 Workshop Session - Training/EOC Room Regular Session - Council Chambers 5:30 PMTuesday, June 23, 2020 CALL TO ORDER AND ANNOUNCE A QUORUM CONVENE INTO WORKSHOP SESSION AT 5:30 P.M. in TRAINING/EOC ROOM. 1.2020-166-T Discussion regarding the Town of Trophy Club Overview of Budget (S. Norwood) 2.2020-167-T Discussion regarding the Town of Trophy Club Hotel Occupancy Fund (S. Norwood) 3.2020-168-T Discussion regarding the Town of Trophy Club Capital Projects (S. Norwood) CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION - led by Reverend Edlen Cowley PLEDGES - led by Council Member Monger Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS (The meeting is available through Facebook at www.facebook.com/trophyclubgov) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to respond, take action, or discuss presentations made on an item not listed on the agenda. Presentations are to be limited to matters over which the Council has authority. You may speak up to four (4) minutes or the time limit determined by the presiding officer. To speak during an item you must complete the Speaker's Form and include the topic(s) of your statement or submit an email to mayorandcouncil@trophyclub.org. ANNOUNCEMENTS AND REPORTS 4.2020-163-T Badge Pinning Ceremony for newly hired Fire Chief Jack Taylor and Firefighter Jason Countryman (S. Norwood). Town Council Meeting Page 1 of 54 June 23, 2020 June 23, 2020Town Council Meeting Agenda 5.2020-169-T Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood). *Meadowbrook Lane Update *American Heart Association Mission; Lifeline's Gold Award for Trophy Club Fire Department CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered individually. 6.2020-175-T Take appropriate action regarding the Town Council Regular Session Minutes dated June 9, 2020 (S. Norwood). (DRAFT)-Town Council Regular Session Minutes - June 9, 2020.pdfAttachments: 7.2020-176-T Request from Shane Philpott to waive late fees and penalties for The Christian Fellowship in the amount of $259.35 (S. Norwood). Staff Report - Waiver of Penalties and Interest Account #536566DEN.pdf THECHRISTIANFELLOWSHIP-PHILPOTT.pdf Attachments: 8.2020-181-T Take appropriate action relating to office copiers' lease not to exceed the amount of $34,000 (S. Norwood). Staff Report-3 year copier contract - June 23, 2020.pdf Town of TC - Copier Proposal.pdf Attachments: INDIVIDUAL ITEM(S) 9.2020-171-T Take appropriate action regarding the Interlocal Agreement for Fleet Service for the Trophy Club Fire Department (S. Norwood). ILA -Watauga and Trophy Club -Vehicle Maintenance 2020 .pdf SMEG Maintenance Pricing 2018.pdf Attachments: 10.2020-170-T Presentation by SAMCO, the Town’s Financial Advisor, on refunding some of the Town’s currently outstanding debt for interest rate savings and authorizing Town Staff and Financial Advisor to proceed with the Refunding (S. Norwood). Staff Report - Series 2010 Refunding - June 23, 2020.pdf TC Refunding Summary.pdf Attachments: 11.2020-180-T Review and provide direction to staff on Future Agenda Items List (S. Norwood). EXECUTIVE SESSION Town Council Meeting Page 2 of 54 June 23, 2020 June 23, 2020Town Council Meeting Agenda RECONVENE INTO REGULAR SESSION 12.2020-174-T Take appropriate action regarding Executive Session (S. Norwood). ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meetings Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on June 19, 2020 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you have a disability that requires special needs, please contact the Town Secretary’s Office at 682-237-2903 or 682-237-2903, 48 hours in advance, and reasonable accommodations will be made to assist you. Town Council Meeting Page 3 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-166-T Name: Status:Type:Agenda Item Draft File created:In control:6/9/2020 Town Council On agenda:Final action:6/23/2020 Title:Discussion regarding the Town of Trophy Club Overview of Budget (S. Norwood) Attachments: Action ByDate Action ResultVer. Discussion regarding the Town of Trophy Club Overview of Budget (S. Norwood) Town Council Meeting Page 4 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-167-T Name: Status:Type:Agenda Item Draft File created:In control:6/9/2020 Town Council On agenda:Final action:6/23/2020 Title:Discussion regarding the Town of Trophy Club Hotel Occupancy Fund (S. Norwood) Attachments: Action ByDate Action ResultVer. Discussion regarding the Town of Trophy Club Hotel Occupancy Fund (S. Norwood) Town Council Meeting Page 5 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-168-T Name: Status:Type:Agenda Item Draft File created:In control:6/9/2020 Town Council On agenda:Final action:6/23/2020 Title:Discussion regarding the Town of Trophy Club Capital Projects (S. Norwood) Attachments: Action ByDate Action ResultVer. Discussion regarding the Town of Trophy Club Capital Projects (S. Norwood) Town Council Meeting Page 6 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-163-T Name: Status:Type:Agenda Item Draft File created:In control:6/3/2020 Town Council On agenda:Final action:6/9/2020 Title:Badge Pinning Ceremony for newly hired Fire Chief Jack Taylor and Firefighter Jason Countryman (S. Norwood). Attachments: Action ByDate Action ResultVer. Badge Pinning Ceremony for newly hired Fire Chief Jack Taylor and Firefighter Jason Countryman (S. Norwood). Town Council Meeting Page 7 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-169-T Name: Status:Type:Agenda Item Draft File created:In control:6/9/2020 Town Council On agenda:Final action:6/23/2020 Title:Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood). *Meadowbrook Lane Update *American Heart Association Mission; Lifeline's Gold Award for Trophy Club Fire Department Attachments: Action ByDate Action ResultVer. Receive Town Manager Norwood’s update and provide input regarding the following (S. Norwood). *Meadowbrook Lane Update *American Heart Association Mission; Lifeline's Gold Award for Trophy Club Fire Department Town Council Meeting Page 8 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-175-T Name: Status:Type:Agenda Item Draft File created:In control:6/15/2020 Town Council On agenda:Final action:6/23/2020 Title:Take appropriate action regarding the Town Council Regular Session Minutes dated June 9, 2020 (S. Norwood). Attachments:(DRAFT)-Town Council Regular Session Minutes - June 9, 2020.pdf Action ByDate Action ResultVer. Take appropriate action regarding the Town Council Regular Session Minutes dated June 9, 2020 (S. Norwood). Town Council Meeting Page 9 of 54 June 23, 2020 Town Council Minutes June 9, 2020 Page 1 of 3 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, JUNE 9, 2020, 7 P.M. The Trophy Club Town Council met in a Regular Session on Tuesday, June 9, 2020. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWNCOUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Philip Shoffner Mayor Pro Tem Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager Jill Lind Communications and Marketing Manager Mike Pastor Information Services Manager Mayor Sanders called the meeting to order at 7:01 PM and noted a quorum with Mayor Pro Tem Shoffner, Council Members Bone, Monger and Geraci. The Invocation was offered by Mayor Sanders. The Pledges to the American Flag and Texas Flag were led by Council Member Bone. Town Secretary Vacek confirmed no speakers registered for Public Comment. ANNOUNCEMENTSANDREPORTS 1. Receive Town Manager Norwood’s Update (S. Norwood). • COVID 19 – Town Manager Norwood reported there were three new cases diagnosed in Trophy Club; he commented on the Town seeing more activity recently and felt the increase was partly due to the recent increased occupancy rate to seventy-five percent; while travel seems to be limited. Mr. Norwood add that a ZOOM Meeting with the area hotels would be held on June 10, 2020 to address any issues/concerns/challenges. • Peaceful Demonstration Update held June 4, 2020 –Mr. Norwood reported the demonstration brought in over 700 people and shared his opinion that the outcome was very special for the Town; he applauded the Police Department’s involvement that kept everyone safe, as well as the Fire Department’s assisting with issues due to the heat. He mentioned training was provided by senior officers to our new officers. CONSENTAGENDA 2. Take appropriate action regarding the Town Council Regular Session Minutes dated May 26, 2020 (L. Vacek). Town Council Meeting Page 10 of 54 June 23, 2020 Town Council Minutes June 9, 2020 Page 2 of 3 3. Extension of Proclamation 2020-02 declaring a Local Disaster for the Town of Trophy Club, Texas (Mayor Sanders). 4. A Resolution for the Appointment of Jim Carter to the Denco Area 9-1-1 District Board of Managers (Mayor Sanders). 5. Take appropriate action regarding a contract for the pipe rail fence repairs at Trophy Club Park not to exceed $35,365.00 (S. Norwood). Motion: Council Member Bone moved to approve Consent Items # 2 through #5. Council Member Geraci seconded the motion. Motion carried unanimously 5-0-0. INDIVIDUAL ITEMS 6. Take appropriate action on holding the 4th of July Celebration (S. Norwood). Mr. Norwood reported that the Town has sufficient funds available for the 4th of July Event but cannot recommend a full celebration this late in time. He reported that Governor Abbott’s June 3rd Update will allow mass gatherings, with specific guidelines. Trophy Club Staff has been in contact with the Denton County Health Department with the proposed plans, as well as the CDC Guidelines. He noted there will be additional field space available for social distancing and that Staff is concurrently working on opening up the swimming pool June 20th. Mr. Norwood stated that Staff recommends a modified approach and asked that Council give clear direction on how to proceed with this Town Event; Fireworks only, or Fireworks, Band, and Food Vendors, without a parade, bounce house structures, or a 5k Run. Assistant Town Manager Carroll responded to the question of surrounding cities; Southlake is looking at holding a fireworks only display, Grapevine will hold a fireworks display, while the majority of the surrounding cities have made decisions not to have fireworks as of today, such as Irving and Flower Mound. Council Member Bone asked what the timeline would look like if staff moves forward with a modified celebration of fireworks, band and food vendors. Mr. Carroll responded that the Denton County Public Health’s highest recommendation was to not include bounce houses as well as to shorten the event to lessen exposure. The Staff is looking at having food vendors serve between 6 - 7 PM; the Band would play between 7 – 8 PM; followed by the fireworks at 9:20 PM. It was noted that Southlake will hold their Fireworks Show on July 3rd. Council Member Bone suggested the Town’s Fireworks Show coincide with Southlake’s Show to provide a choice rather than being the only celebration on July 4th. Council Member Geraci stated that if it is decided to have food vendors; it allows the local businesses the opportunity to recoup some of their recent losses due to COVID-19. Mayor Pro Tem Shoffner asked Director of Parks & Recreation Jaramillo how many had attended previous shows as well as the number of wristbands distributed last year. Mr. Jaramillo replied that roughly 5,000 people attended the event in 2019 and approximately 1,000 child wristbands were sold. Mayor Pro Tem Shoffner stated that the attractions are the draw for many folks outside of the town; thus, food trucks would be ideal. It was asked if the band playing would also be shortened. Mr. Carroll replied yes. It was noted that the band would charge the full amount regardless of the hours played. A discussion ensued with regards to utilizing the band in October for Community Night since there would be no reduction in cost or time for the July 4th Event. Mayor Pro Tem Shoffner stated he was in support of having food trucks. Council Member Monger suggested the food vendors accept credit cards only and no cash. Mayor Sanders asked Mr. Jaramillo if he had the number of wrist bands given out strictly for Trophy Club Residents. That number was unknown at this time but could provide. Mayor Sanders stated that he was in favor of having Fireworks but was not in favor of food vendors, which could increase the crowd and risks. Mr. Bone asked of the sales tax from area vendors and where it is reported, and suggested that the band be utilized in October for Community Night. Mayor Sanders reported the sales tax would not necessarily be reported in Trophy Club as sales tax does not have to be reported at remote locations. Council Member Geraci was also in favor of moving the date of the band to October for Community Night and felt that outside food vendors compete with Trophy Club Town Council Meeting Page 11 of 54 June 23, 2020 Town Council Minutes June 9, 2020 Page 3 of 3 restaurants. Council Member Geraci also shared his concern of the band attracting a larger crowd and mentioned his personal situation of his family’s constraints. He felt it was important for everyone to continue to observe social distancing but give the residents the opportunity to see the annual Fireworks Show. Mayor Pro Tem Shoffner expressed disappointment to cancel the parade; and felt that it was an event for kids only. He asked staff to brainstorm ideas for a modified Kids’ Parade. He added that the parade is one where Trophy Club Residents attend; as with the Flag Planting. Mayor Sanders clarified that Governor Abbott’s recent news conference is allowing a large gathering of 500; with the recommendation of maintaining social distancing. Mr. Norwood responded that was correct and that the recommendation was to include wearing masks. Mayor Sanders mentioned approximately 20 resident emails were received in favor of a Fireworks Show. Mr. Jaramillo noted that the high school parking lot will not be available for parade set-up as in the past. Mayor Sanders asked of the pool hours and restrictions. Mr. Jaramillo responded that pool hours will be 11 AM – 9:30 PM and that the restriction is set at fifty (50%) occupancy for the pool. Motion: Mayor Sanders moved to go forward with a Fireworks Show; without a band, and without food vendors, but added that Staff plan a Kid’s Parade, if possible. Mayor Pro Tem Shoffner seconded the motion. Council Member Monger asked that food vendors be added to the celebration in the case that Governor Abbott’s next news conference changes between now and then. Mayor Sanders provided a friendly amendment to his motion to add food vendors. Mayor Pro Tem Shoffner agreed as he seconded the motion. Motion carried unanimously 5-0-0. EXECUTIVE SESSION 7. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551.072 Deliberation regarding Real Property (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A) Hogan’s Glen HOA Update (S. Norwood). B) Consultation with Town Attorney regarding John Artuso vs. Town of Trophy Club (S. Norwood). CONVENED INTO EXECUTIVE SESSION Mayor Sanders announced that the Council would recess into Executive Session at 7:41 pm. RECONVENED INTO REGULAR SESSION Mayor Sanders reconvened from Executive Session at 8:31 pm and announced that no action was taken. ADJOURNMENT Mayor Sanders adjourned the meeting at 8:31 pm. ATTEST: _ _ Leticia Vacek, TRMC/CMC/MMC C. Nick Sanders, Mayor Town Secretary/RMO Town Council Meeting Page 12 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-176-T Name: Status:Type:Agenda Item Draft File created:In control:6/15/2020 Town Council On agenda:Final action:6/23/2020 Title:Request from Shane Philpott to waive late fees and penalties for The Christian Fellowship in the amount of $259.35 (S. Norwood). Attachments:Staff Report - Waiver of Penalties and Interest Account #536566DEN.pdf THECHRISTIANFELLOWSHIP-PHILPOTT.pdf Action ByDate Action ResultVer. Request from Shane Philpott to waive late fees and penalties for The Christian Fellowship in the amount of $259.35 (S. Norwood). Town Council Meeting Page 13 of 54 June 23, 2020 Page 1 of 2 To: Mayor and Town Council From: Steve Norwood, Town Manager CC: Leticia Vacek, Town Secretary Mike Erwin, Finance Manager April Duvall, Chief Financial Analyst Re: Waiver Request from Denton County for penalties and interest Account #536566DEN Agenda Item: Consider and take appropriate action regarding waiving PID4 penalties and interest on Account #536566DEN in the amount of $172.90 in penalties and $86.45 in interest.(S. Norwood). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: A request for waiver of penalty and interest on the above mentioned account has been received by the Denton County Tax Assessor/Collector office. Due to act or omission on part of Appraisal District, property owner failed to make payment of PID 4 assessment before the delinquency date. It was not realized that a PID assessment is not subject to exemptions. Payment has not yet been made, however property owner has been notified that payment must be made within 21 days. Pursuant to Section 33.01 I of the Property Tax Code, a request for waiver of penalty and interest may be applicable. Your delinquent tax attorney has reviewed and recommended a waiver of penalty and interest. Council action is required for final waiver of the penalties and interest. Financial Considerations: Waiving a total of $259.35. Town Council Meeting Page 14 of 54 June 23, 2020 Page 2 of 2 Legal Review: Acceptable to Town Attorney Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends waiver of PID4 penalties and interest for Account #536566DEN. Attachments: • Request to Waive Penalty and Interest Response Memo • Documentation from Denton County Town Council Approval: Mayor C. Nick Sanders or designee Town Council Meeting Page 15 of 54 June 23, 2020 Date: June 11, 2020 DENTON COUNTY Office of Michelle French, P.C.C. Tax Assessor/Collector 1505 E. McKinney St. Denton , TX 76209 Dear Town of Trophy Club PIO fJ 4 Governing Body Waiver for Penalty and Interest on the following property tax account(s): 536566DEN A reque st for waiver of penalty and interest on the above mentioned account(s) has been received by the Denton county Tax Assessor/Collector office. Due to act or omission on part of Appraisal District, property owner failed to make payment of PIO 4 assessment before the delinquency date. It was not realized that a PIO assessment is not subject to exemptions. See attached supporting documentation . Payment has not yet been made, however property owner has been notified that payment must be made within 21 days. The property owner has D has not @aid taxes , penalty and interest within the required 21 days from the date the property owner knew or should have known that taxes were due . Pursuant to Section 33.01 I of the Property Tax Code , a request for waiver of penalty and interest may be applicable. Your delinquent tax attorney has reviewed and recommended a waiver of penalty and interest. However please consult your attorney if there are questions regarding the accounts listed and the request for waiver. ~i nj~rely, W,~ & /W/,--L---- Denton County Tax Assessor/Collector Motor Vehicle Department P.O. Box 90204 Denton , TX 76202-5204 940-349-3510 www.tax.dentoncounty .com Property Tax Department P .O. Box 90223 Denton , TX 76202-5223 940-349-3500 Town Council Meeting Page 16 of 54 June 23, 2020 REQUEST TO WAIVE PENAL TY AND INTEREST RESPONSE MEMO OFFICIAL ACTION OF GOVERNING BODY Name of Governing Body: TOWN OF TROPHY CLUB, PIO# 4 Date: Account Number(s): 536566DEN Property Owner Name: THE CHRISTIAN FELLOWSHIP On this date _____ , the Denton County Tax Assessor-Collector is hereby authorized to provide for the following action: _Waiver of penalty and interest is GRANTED on the above account number(s) _Waiver of penalty and interest is DENIED on the above account number(s) Signature Printed Name Town Council Meeting Page 17 of 54 June 23, 2020 Roll : NONE Account I536566DEN _:] ADI SJ 1251 A-OOOOOD D-0000-0004 -0000 IM Lege.I THE HIGHLANDS AT TROPHY CLUB Owner THE CHRISTIAN FELLOWSHIP Ste.t E I NEIGHBORHOOD 6 PHASE 2f' BLK DD 118115TH ST SW Refresh I LOT 4 MASON OTY, IA 50401 US Sup I I A Ve.I ~53,974 S Def I Deed j Acres j0.002352 Ceilin Information Fiduciaries jo found :J No Ceilings L Ve.1~02,450 EDef j Vol p Sq Ft~ Exemptions !MISC ~ IVal Ag Def ~ Page ~ Inst I Roll jR: NonBilled lo Found :J Loe 2704 TROPHY CLUB DR Me.p#j 06/11/2020 • Override P&I I Paid ~ 2/31/2018 Today Receivables Detail I Audit Owner ID : N/A r Current/Due r PriorYeo.rs r. All r Select. .. Values l fY ee.r. Unit Type .:] Year Status Rec. Bal. Pen. Due Int. Due Col. Pen Total Due Paid Refund TOTAL 1,728 .99 172 .90 86 .45 .00 1,988 .34 81,064 .07 .00 "' 8 2019 1,728 .99 172 .90 86 .45 .00 1,988.34 .00 .00 C28 .00 .00 .00 .00 .00 .00 .00 ESD2 .00 .00 .00 .00 .00 .00 .00 ~ PIO4 1,728.99 172 .90 86 .45 .00 1,988.34 .00 .00 S11 .00 .00 .00 .00 .00 .00 .00 ~ 061 .00 .00 .00 .00 .00 .00 .00 Town Council Meeting Page 18 of 54 June 23, 2020 Michelle French Fro m: Sent: To : Shane Phi lpott <shanephi1pott88@gmail.com> Thursday, Ju ne 4, 2020 2:06 PM Stacey Dvo ra cek CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Never enter your password or other sensitive information on linked web pages contained in emails unless you are certain the web pages are safe . If you have questions or need assistance , please contact the Help Desk . Hello Stacey, I emailed you the email chain with Mason Justiss. The emails are dated and include property number, amount assessed , and his response to disregard the bill. I am asking that late fees and penalties be waived in light of this unique situation and that I was misdirected a number of months before these charges were added and was unaware that the issue remained unresolved. Please confirm you hav e received the email chain and let me know ifthere is anything else I can do to help. Thank you so much for your help with this matter! Shane Philpott 641-425-8895 1 - Town Council Meeting Page 19 of 54 June 23, 2020 Michelle French From: Sent: To: Subject: Matthew Tepper <Matthew.Tepper@mvbalaw.com > Thursday, June 11, 2020 9:22 AM Michelle French ; Craig Morgan RE : P & I Waiver Request CAUTION: This email originated from outside the organization . Do not click links or open attachments unless you recognize the sender and know the content is safe. Never enter your password or other sensitive information on linked web pages contained in emails unless you are certain the web pages are safe . If you have questions or need assistance , please contact the Help Desk . _ J Michelle, That sounds like a case where an act by the appraisal district caused or resulted in the tax being paid late . As long as the tax is paid within 21 days of the date the property owner realized that the PIO was not exempt, this can qualify for a waiver under 33.0ll(a). Thank you, Matthew Tepper I Attorney E-mail : Matthew .Tepper@mvbalaw.com Main : 512 -323 -3200 Fax : 512 -323 -3294 mvba Going Further°! .. McCrory Vesellca Bn.gg & Allen P.C. Attomeys at Law From: Michelle French <Michelle.French@dentoncounty.com> Sent: Wednesday, June 10, 2020 3:54 PM To: Matthew Tepper <Matthew.Tepper@mvbalaw.com>; Craig Morgan <Craig.Morgan@mvbalaw.com> Subject: P & I Waiver Request Hi Gentlemen! I am sorry that I missed you the other day when you were in town . I hope you are both doing well. I have an unusual circumstance and wanted to confirm with you my thoughts on the issue . We have a request regarding PIO 4, which is the Trophy Club PIO . The issue is that the property owner had a religious exemption on the property. However because the PIO does not have exemptions as a property tax does, the religious exemption did not attach to the PIO. The property owner did not know that the PIO was not subject to exemptions. Additionally the appraiser with the Appraisal District, working the exemptions, evidently did not realize a PIO was not subject exemptions. They sent a supplement to us to add the exemption to the PIO only, and then went on to tell the property owner to ignore their tax bill. 1 Town Council Meeting Page 20 of 54 June 23, 2020 The property owner didn't know that the exemptions didn't attach. Because it was a religious exemption, and all other taxing units were wholly exempted, the property owner followed the instructions of the appraisal district and didn't pay their PID assessment . I believe this could fall under 33.011 but wanted to get your input as well. Do you believe this could be a valid waiver of penalty and interest and could go to the municipal governing body to consider the waiver? While the assessment will still be due, I think we could request a waiver . Please let me know your thoughts. Thanks! Michelle French Denton County Tax Assessor/Collector https :/ /tax.dentoncounty. com Phone 940-349-3500 Metro 972-434-8835 Fax: 940-349-3501 If your organization is not changing as fast on the inside as the world is changing on the outside; you will eventually cease to exist ~ Jack Welch, General Electric You are never too old to set another goal or to dream a new dream ~C.S. Lewis P lease note that any communication sent to the Denton County Tax Assessor-Collector may become public record and made available for public/media review . ATTENTION PUBLIC OFFICIALS : a Reply to All of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender. This e-mail message may contain confidential and/or privileged information. If you are not an addressee or otherwise authorized to receive this message , you should not use , copy, disclose or take any action based on this e- mail or any information contained in the message. If you have received this material in error, please advise the sender immediately by reply e-mail and delete this message . This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential attorney work product, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient , or the employee or agent responsible for delivering the message to the intended recipient , you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited . If you have received this in error, please notify us immediately by telephone or by email. 2 Town Council Meeting Page 21 of 54 June 23, 2020 Michelle French Fro m: Sent: To: Shane Phi lpott <shanephi lpott88@gmail.com> Thursday, Ju ne 4, 2020 2:40 PM Stacey Dv oracek Subject: Fwd : Religi o n exem ption taxation bill Follow Up Fl ag: Follow up Flag Status: Flagged CAUTION: This email originated from outside the organization . Do not click links or open attachments unless you recognize the sender and know the content is safe . Never enter your password or other sensitive information on linked web pages contained in emails unless you are certain the web pages are safe. If you have questions or need assistance , please contact the Help Desk. Begin forwarded message: From: Shane Philpott <shanephilpott88 @ gmail.com> Date: January 27 , 2020 at 3:52:15 PM CST To: Mason Justiss <mason.justiss@ dentoncad.com> Subject: Re: Religion exempti on taxation bill Thank you. Much appreciated! Shane On Jan 27 , 2020 , at 3 :45 PM, Mason Justiss <mason .justiss@dentoncad.com> wrote: Shane , I apologize for the delay . I am su bmitting a supplement to correct the tax record for prop_id 536566. The exemption should hav e applied to all taxing entities but for some reason one specific entity did not receive the exemption . It will take some time for the supplement to be processed as we are going through a software change but it will happen as soon as possible. Please be patient and disregard the tax bill at this time. On Wed, Jan 15 , 2020 at 3 :21 PM Shane Philpott <shanephilpott88 @ gmail.com> wrote: ----------Forwarded message --------- From: Shane Philpott <shanephilpott88 @ gmail.com> Date: Thu, Jan 2, 2020 at 9:39 AM 1 Town Council Meeting Page 22 of 54 June 23, 2020 Michelle French From: Sent: To: Shane Philpott <shanephilpott88@gmail.com> Thursday, June 4, 2020 2:36 PM Stacey Dvoracek Subject: Re : Religion exemption taxation bill CAUTION: This email originated from outside the organization . Do not click links or open attachments unless you recognize the sender and know the content is safe. Never enter your password or other sensitive information on linked web pages contained in emails unless you are certain the web pages are safe . If you have questions or need assistance , please contact the Help Desk. It is in the email chain above , about the third one down, from Mason justice. On Jun 4, 2020 , at 2 :2 8 PM , Stacey Dvoracek <Stacey.Dvoracek@dentoncounty.c om> wrote: Mr. Philpott, The email below is what you sent to the Denton CAD. I do not see any portion of the email where the CAD replied. Do you have other emails? Thank you, Stacey Vvorcu:,elv Chief Deputy for Michelle French Denton County Tax Assessor/Collector 940-349-3523 From: Shane Philpott <shanephilpott88@gmail.com> Sent: Thursday, June 4, 2020 2:04 PM To: Stacey Dvoracek <Stacey.Dvoracek@dentoncounty.com> Subject: Fwd : Religion exemption taxation bill CAUTION: This email originated from outside the organization . Do not click links or open attachments unless you recognize the sender and know the content is safe. Never enter your password or other sensitive information on linke web pages contained in emails unless you are certain the web pages are safe. If you have questions or need assistance , please contact the Help Desk. ----------Forwarded message --------- From: Shane Philpott <shanephilpott88 @ gmail.com> Date: Thu, Jan 2 , 2020 at 9:39 AM Subject: Religion exemption taxation bill To: <mason.justiss@dentoncad.com> 1 Town Council Meeting Page 23 of 54 June 23, 2020 Subject: Religion exemption taxation bill To: <mason.justiss @dentoncad .com> Resending again on Jan 15, 2020: I really need assistance with this. I have called every number and emailed a number of times. Please respond ... someone. Thank you. Shane Philpott Resending on Jan 2 , 2020: Dear Mr. Justiss , My name is Shane Philpott and I am the president of The Christian Fellowship Ministries. Our non-profit religious organization owns the property at 2704 Trophy Club Drive in Trophy Club , Texas. We have been granted tax ex emption for that property and have received the proper documentation. We recently received a tax statement bill in the amount of $1 ,728 .99. I have called a number of individuals to attempt to address the matter and all roads lead back to you. I left a message at your offices a couple times over the past month but have not heard back regarding this issue . The property account number is: 536566DEN. I was encouraged to contact you by email by a gentleman named Lynn at the Denton Central Appraisal District. Please feel free to respond to my inquiry at your earliest convenience . My email is included here , and my cell number is 641-425-8895 should you have any questions or concerns. Thank you for your time and attention to this matter. I look forward to hearing from you soon. Sincerely, Shane Philpott Regards , Mason Justiss, RPA Exemption Coordinator -BPP Denton Central Appraisal District 940. 349 . 3896( direct) Mason .iustiss@dentoncad.com 2 Town Council Meeting Page 24 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-181-T Name: Status:Type:Agenda Item Draft File created:In control:6/17/2020 Town Council On agenda:Final action:6/23/2020 Title:Take appropriate action relating to office copiers' lease not to exceed the amount of $34,000 (S. Norwood). Attachments:Staff Report-3 year copier contract - June 23, 2020.pdf Town of TC - Copier Proposal.pdf Action ByDate Action ResultVer. Take appropriate action relating to office copiers' lease not to exceed the amount of $34,000 (S. Norwood). Town Council Meeting Page 25 of 54 June 23, 2020 Page 1 of 2 To: Mayor and Town Council From: Mike Pastor, Information Services Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Procurement of copiers from Kyocera Document Solutions. Town Council Meeting, June 23, 2020 Agenda Item: Take appropriate action relating to office copiers’ lease not to exceed the amount of $34,000 (S. Norwood). Strategic Link: Infrastructure & Development – Maintain and improve all Town infrastructure. Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Administrative & Financial Services – Provide high value technology and information services. Background and Explanation: We are requesting to enter into a 3-year agreement with Kyocera Document Solutions for a lease of two copiers not to exceed $34,000 over 3 years. The lease includes all parts, labor, and onsite maintenance excluding paper and staples. The lease includes the retirement of the current copier and all shipping costs back to the leasing partner. It also Included removing hard drives from existing copiers for Trophy Club retention, as well as removing hard drives from the proposed copiers at the end of the lease. The service rates are locked in for the term of the lease of 36 months. The agreement covers 74,400 black and white, and 116,400 color print billed each year and the volumes will be reviewed quarterly by sales rep and The Town of Trophy Club. Those numbers are based on our history over the past 3 years. The overage cost per page is $0.0053 per page for black and white, and $0.039 for color. It meets all our purchasing guidelines and is purchased off the approved Tarrant County Inter- Local Agreement. The total 3-year lease cost for Kyocera Document Solutions not to exceed $34,000 but does not include any costs related to the page count overages. That is unknown since it’s based on actual usage. Town Council Meeting Page 26 of 54 June 23, 2020 Page 2 of 2 Financial Considerations: The contract renewal was budgeted for and approved as part of the FY2020 budget. The purchase is being made as part of our Purchasing ILA with Tarrant County and follows all local and state bidding requirements. Legal Review: The contract was reviewed and approved by the Town Attorney David Dodd. Board/Commission/or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval of the lease from Kyocera Document Solutions. Attachments: • Kyocera Document Solutions Executive Summary Town Council Approval: _____________________________ Mayor C. Nick Sanders or designee Town Council Meeting Page 27 of 54 June 23, 2020 Executive Summary for: Town of Trophy Club The contents of this proposal contain exclusive trade secret information and are intended for the use of Town of Trophy Club only. The contents herein may not be reproduced for competitive knowledge without the specific written permission of the president of Kyocera Document Solutions. Pricing in this proposal is good until 06-30-20 By: Rich Ziober Date: June 3, 2020 www.Kyoceranevill.com ___________________________________ Signature – Customer Acknowledgement Town Council Meeting Page 28 of 54 June 23, 2020 Page 2 of 9 Introduction Thank you for considering Kyocera Document Solutions as your “Smart Knowledge Partner”. Throughout the life of our agreement, we will continually work with you on ways to leverage new ideas and technology that will make your business operate as efficiently as possible. It is the commitment of our entire staff to bring positive change to your organization and deliver the nationally famous “Nevill Maniac” level of service in which our clients have grown accustomed. We consider this opportunity to work with you and your organization a privilege and the trust you place in us will never be taken for granted. Objectives: Based on our discovery and collaborative discussions, we identified the following objectives:  Lower output costs  Upgrade existing technology  Provide complete integration with staff We look forward to working with you on this project. Sincerely, Rich Ziober Sales Consultant 817.908.7332 Town Council Meeting Page 29 of 54 June 23, 2020 Page 3 of 9 Technical Resources Included at No Charge The following outlines the additional resources used to manage each of the units and provide the IT department remote and automation utilities for each proposed device. Kyocera Fleet Services:  Real-time device diagnostics and alerts  Convenient firmware updates  Remote error resolution, code-resetting  Ongoing monitoring of supply levels  Monitors all toner levels for automatic delivery  Provides specific issues regarding all service call parts  Much more….. Kyocera Net Viewer  Administration Application to manage all devices on network  Remote configuration tool for properties for managing devices  Configuration of settings, counters, users, address book ect.  Much more….. Kyocera Net Admin  Allows administrators to manage up to 5,000 devices at a time  Web base platform to manage device over multiple groups  Administer multi-device troubleshooting  Much more…. Town Council Meeting Page 30 of 54 June 23, 2020 Page 4 of 9 Current Details Town Council Meeting Page 31 of 54 June 23, 2020 Page 5 of 9 Current Details The following details current placements for the last 12 months of service invoices. Make & Model Volume Type 4-2019 to 6-2019 7-2019 to 9-2019 10-2019 to 12-2019 1-2020 to 3-2020 TA5052ci - Admin TA5052ci - Police Black 20,000 19,851 16,897 16,735 Color 30,130 32,928 28,720 23,472 Volume Type: Average Monthly Total Annual Volume Black Volume: 6,124 73,483 Color Volume: 9,604 115,250 Lease # Total Monthly Payment Monthly Base (Black) Overage CPP (Black) Monthly Base (Color) 20288105 $932.50 12,000 $0.007 8,500 Volume Type Average Monthly Volume Monthly Base Allowance Average Monthly Overages Overage CPP Average Monthly Cost Black: 6,124 12,000 -5,876 $0.007 $0.00 Color: 9,677 8,500 1,104 $0.047 $51.90 Average Monthly Overage Cost: $51.90 Lease & Service Base Overage Cost Monthly Cost Monthly Black Monthly Color $932.50 $51.90 $984.40 6,124 9,677 Town Council Meeting Page 32 of 54 June 23, 2020 Page 6 of 9 Proposed Recommendation Details Town Council Meeting Page 33 of 54 June 23, 2020 Page 7 of 9 Proposed Recommended Asset Strategy The following outlines the proposed unit specifications for replacement of current Kyocera devices that we are recommending in our proposal. (2) Kyocera TASKalfa 5053ci: Police and Admin Units Specifications:  50 ppm monochrome / color  Copy, Print, and Color Scan  10.1-Inch Large Color Touchscreen  Dual Scan Document Processor – 270 Sheets  1,000 sheet finisher/stapler/3-hole punch  1200 x1200 DPI  Up to 12”x18” and 12”x48” banner Unit Specifications: Specifications TASKalfa 5053ci Speed Black: 50 ppm Speed Color: 50 ppm Functions: Copy\Print\Scan\Fax Processor: 1.2 GHz RAM: 4 GB Hard Drive: 8GB SSD / 320GB HDD Warm Up Time: 17 sec or less Console Type: 10.1-inch Color Touchscreen Paper Tray 1 & 2 Capacity: 1,000 Pages Paper Tray 3 & 4 Capacity: 1,000 Pages MP Capacity: 150 Pages Total Capacity: 2,150 Pages Paper Handling (Trays): Up to 12 x 18 in Paper Handling (MP Tray): Up to 12 x 48 in banner First Page Out (Black): 4.3 sec or less First Page Out (Color): 5.4 sec or less Document Feed Type: Dual Scan Processor Scan Speed Simplex/Duplex: Up to 100/180 ipm Document Feed Capacity: 270 Pages Town Council Meeting Page 34 of 54 June 23, 2020 Page 8 of 9 Proposed Recommendation Pricing The following details the proposed purchase price and lease payment options. The service includes everything except for paper. Proposed Pricing includes the following equipment: Qty Equipment Description 1 Admin - TASKalfa 5053ci 50 PPM B&W/Color MFP with Finisher 1 Police Dept - TASKalfa 5053ci 50 PPM B&W/Color MFP with Finisher Proposed Lease Pricing: Ease Lease Term Lease Price 36 Month FMV $ 923.00 48 Month FMV $ 827.00 60 Month FMV $ 758.00 Prices include all shipping, installation and training / support Kyocera’s Platinum Level Service Pricing also includes the following additional options: All-inclusive Kyocera Platinum service plan provided for all the proposed units. o Includes everything except for paper and staples. Lease includes all Property Tax Includes retirement of current lease and all shipping costs back to leasing partner. Service Rates Locked in for lease term Annual Service Overage Billing – volumes will be reviewed quarterly by sales rep and Trophy Club. Includes removing hard drives from (2) existing TA5052ci for Trophy Club retention, as well as removing hard drives from proposed TA5053ci at end of lease for Trophy Club retention Monthly Volume Included: 6,200 Pages B&W per month (equates to 74,400 B&W per annum) 9,700 Pages Color per month (equates to 116,400 Color per annum) Overage Cost Per Page: $0.0053 Per Print B&W Overages (fixed rate per term of lease) $0.039 Per Print Color Overages (fixed rate per term of lease) **Overages will be billed annually** Our smart device (KFS) maintenance includes all parts and labor including: toner, developer and drums (this program excludes paper and staples). In addition, all preventative maintenance and firmware upgrade calls are made as required by manufacturer’s standard. We will provide Kyocera Fleet Services at no additional charge to ensure automated meter reading, monitoring of toner levels, and service alerts for the best level of service. Pricing from the Tarrant County Cooperative Contract# 2019-105 Town Council Meeting Page 35 of 54 June 23, 2020 Page 9 of 9 Our Platinum Guarantee to You UNLIMITED 60 MONTH GUARANTEE Kyocera guarantees your digital Systems for a period of 60 months. There are no volume caps and no copy life limits. Should your system become non-repairable, Kyocera will replace it with an equal or greater system at no cost to you. SERVICE RESPONSE TIME GUARANTEE Kyocera guarantees a maximum average emergency response time, per quarter, of four hours within the State of Texas. In the unlikely event that Kyocera should fail to meet that commitment, your account will receive a 5% credit on your next quarterly invoice. PERFORMANCE GUARANTEE Kyocera guarantees to keep your Digital System performing up to manufacturer’s standards. We will provide you with a five year guarantee to ensure performance. Only genuine original manufacturer’s parts and supplies will be used. TRADE-UP PROGRAM GUARANTEE Kyocera guarantees that at the end of 36 months you may upgrade to a new digital system without penalty (current lease and maintenance agreement must be in good standing). FREE LOANER GUARANTEE Kyocera guarantees that should your Digital System require more than eight workday hours for repair, we will provide a “loaner” system to you at no cost during service. 60 DAY TRIAL PROGRAM GUARANTEE Kyocera guarantees that if your Digital System does not meet your needs within the first 60 days, we will apply 100% of your money paid towards an upgrade to any other digital system offers. SMART DEVICE MANAGEMENT Kyocera guarantees we will provide you with the best “Kyoceramania” service you have ever experienced. Town Council Meeting Page 36 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-171-T Name: Status:Type:Agenda Item Draft File created:In control:6/10/2020 Town Council On agenda:Final action:6/23/2020 Title:Take appropriate action regarding the Interlocal Agreement for Fleet Service for the Trophy Club Fire Department (S. Norwood). Attachments:ILA -Watauga and Trophy Club -Vehicle Maintenance 2020 .pdf SMEG Maintenance Pricing 2018.pdf Action ByDate Action ResultVer. Take appropriate action regarding the Interlocal Agreement for Fleet Service for the Trophy Club Fire Department (S. Norwood). Town Council Meeting Page 37 of 54 June 23, 2020 1 STATE OF TEXAS INTERLOCAL AGREEMENT TARRANT COUNTY This Interlocal Agreement (the “Agreement”) is made and entered into by and, between The City of Watauga, Texas, a municipal corporation (hereinafter “WATAUGA”) and The Town of Trophy Club, Texas, a municipal corporation (hereinafter “TROPHY CLUB”). WHEREAS, both Watauga and TROPHY CLUB have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code; and WHEREAS, the service agreement for Vehicle Maintenance (“Service Level Agreement”) contemplated under this Agreement is of mutual interest and benefit to TROPHY CLUB and WATAUGA and will further the objectives of both parties in a manner consistent with the objectives of political subdivisions of the State of Texas; Watauga will provide vehicle maintenance services to Trophy Club, for a defined fee detailed below; and WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common objectives relating to the services regarding vehicle maintenance and in the interest of saving taxpayer funding; and WHEREAS, all payments collected by WATAUGA from vehicle maintenance services provided to TROPHY CLUB will be considered revenue to WATAUGA and that TROPHY CLUB shall pay all invoices presented, as statutorily prescribed by Texas Government Code 2251 (Prompt Payment Act); and WHEREAS, TROPHY CLUB agrees to utilize the vehicle maintenance services provided by WATAUGA, in this agreement for the purposes of vehicle maintenance only to TROPHY CLUB vehicles and equipment, and NOW, THEREFORE, inconsideration of the mutual representations, terms and covenant hereafter set forth, the parties hereby agree as follows: TERMS AND CONDITIONS 1. STATEMENT OF WORK. Town Council Meeting Page 38 of 54 June 23, 2020 2 Watauga agrees to use reasonable efforts to perform the vehicle maintenance services described in the Service Level Agreement listed below in Section 2. 2. SERVICE LEVEL AGREEMENT – Services provided by WATAUGA: a. Schedule vehicle maintenance and repairs when notified by TROPHY CLUB; b. Provide vehicle preventative maintenance and general repair services in a timely manner; and c. Process monthly repair invoices for payment. 3. WARRANTY – WATUAGA Fleet Services will warrant repair labor for a period of 60 days; a. Parts will be warranted for 90 days, defective or failed parts will be replaced at no charge during warranty period; b. All vehicle batteries will have an eighteen (18) month free replacement period. 4. RATE SCHEDULE Services provided by Watauga at the following rates - Preventive Maintenance (PM) services flat rated based on vehicle class as follows: a. Light duty PM - $100.00 + parts b. Heavy duty PM - $1,795.00 + parts c. Other repairs invoiced at cost plus labor rate of $100.00 per hour + parts d. Parts invoiced at cost plus 25% e. Transporting of equipment shall be billed out at the hourly rate of $100.00 an hour. f. Dispatch Watauga Service truck to repair equipment in field will be charged a $50.00 service call - $125.00/hr + parts from 7:00 am till 4:00 pm or $150.00/hr for afterhours + parts Town Council Meeting Page 39 of 54 June 23, 2020 3 g. Dispatch third party vendors to truck in field (flat tires, etc.) – Third party costs + 25% h. Each new budget year after the first year, the rate schedule shall be increased per the Consumer Price Index for All Urban Consumers (CPI-U) for Series Title, Motor Vehicle repair in the U.S. city average, all urban consumers (Series ID CUSR0000SETD03) as reported in April of each year based on the percent change. In the event of a decrease, the rate schedule shall remain the same. The current April 2020 CPI-U for this series is 185.235. The increase shall be automatically accepted unless each City/Town Manager agrees to other provisions prior to the final budget being accepted by the City/Town Council of both entities. 5. CONTRACT PAYMENTS TROPHY CLUB shall reimburse Watauga per Section 4 on a monthly basis. Payments shall be sent to the following address: City of Watauga Finance Department 7105 Whitley Road Watauga, TX 76148 Attention: Accounts Payable Phone: 817-514-5800 Email: 6. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party’s agent, or party’s employee, otherwise provided by law. 7. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 8. EFFECTIVE DATE Town Council Meeting Page 40 of 54 June 23, 2020 4 This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 9. TERM The initial term of this Agreement shall be for a term of the remaining fiscal 2019/2020 Budget year, beginning on ___________ and expiring on September 30, 2020. Following the Initial Term, unless written notice is given by either party hereto to the other not less than ninety (90) day before the expiration of this Agreement, it shall be automatically renewed for another additional period of twelve (12) months from such expiration date and shall be automatically renewed thereafter for one additional twelve (12) month period for a maximum of five (5) terms unless canceled by written notice giving not less than ninety (90) days before the expiration of any such renewal period. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that TROPHY CLUB remains liable to Watauga for any outstanding invoices, if any. 9. TERMINATION Notwithstanding anything to the contrary, either party may terminate this Agreement at any time by providing ninety (90) days written notice to the other party. Any failure by TROPHY CLUB to timely pay any amounts due under the provisions of this Agreement shall be a material breach of this Agreement and WATAUGA may terminate this Agreement for such breach immediately. 10. RIGHTS AND OBLIGATIONS OF WATAUGA a. WATAUGA shall provide the Services at Watauga Fleet Maintenance Garage for in-house repairs. b. WATAUGA shall instruct any third-party certified vehicle and equipment maintenance providers to provide the same level of service to TROPHY CLUB fire-fighting and emergency vehicles and equipment as it does for WATAUGA. c. The certified vehicle and equipment maintenance provider will bill WATAUGA directly for services provided. d. WATAUGA will provide services from Certified Emergency Vehicle Technicians. e. Watauga will drive equipment to third party maintenance providers. f. Watauga will inspect third party repairs prior to returning unit to Trophy Club. 11. RIGHTS AND OBLIGATIONS OF TROPHY CLUB Town Council Meeting Page 41 of 54 June 23, 2020 5 g. TROPHY CLUB shall pay invoices received in accordance with the Texas Prompt Payment Act. h. TROPHY CLUB shall at all times be responsible for submitting the appropriate documents with a request for Services to WATAUGA. i. TROPHY CLUB shall be responsible for the delivery and pick-up of fire-fighting or emergency vehicles or equipment requiring services. 12. SOVEREIGN IMMUNITY Neither party to the Agreement waives any claim of sovereign immunity because of its participation in this Agreement. Nothing in this Agreement shall be construed as creating any right or obligation to any third party. 13. AMENDMENT This Agreement may be amended by the mutual written agreement of both parties hereto. The parties agree to enter an amended Agreement in order to comply with any legislative changes related to this Agreement, or due to a determination by a court of competent jurisdiction of other government authority that would cause any provision of this Agreement to be out of compliance with the current law. 14. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 15. GOVERNING LAW The validity of this Agreement and any of its terms and provisions as well as rights and duties of the parties shall be governed by the laws of the State of Texas; and venue for any such action concerning this Agreement shall be and remain in the State District Court of Tarrant County, Texas. 16. FORCE MAJEURE In the event that any party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, riot, civil commotion, strikes, fires, flood, or by the occurrence of any event beyond the control of such party, then such party shall be excused from the performance of the obligations under this Agreement but only during such period of Force Majeure. Town Council Meeting Page 42 of 54 June 23, 2020 6 17. ENTIRE AGREEMENT This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral, or written agreement between the parties that in any manner relates to the subject matter of this Agreement. THE TOWN OF TROPHY CLUB CITY OF WATAUGA _______________________________ ___________________________ Date: ________________________ Date: ______________________ _______________________________ ___________________________ Jack G. Taylor III Paul Hackleman, P.E. Fire Chief Director of Public Works Date: ________________________ Date: ______________________ Attest: ___________________________ APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY ______________________________ ___________________________________ City/Town Attorney City/Town Attorney Town Council Meeting Page 43 of 54 June 23, 2020 Siddons-Martin Maintenance Package P a g e 1 | 3 Version 1.0 1/1/2018 1675. SIDDONS-MARTIN EMERGENCY GROUP MAINTAINANCE PACKAGE OPTIONS & PRICING Our service centers are fully equipped to handle all of your fire apparatus service and repair needs including all makes and models of fire apparatus. Our technicians are Pierce trained as well as EVT and ASE certified. They receive factory training by most major component manufacturers such as Hale, Waterous, Akron, Harrison, and Hendrickson, as well as many others. Our facilities are stocked with up to date tools, specialty equipment and an inventory of over $1,000,000 in specialty truck parts. The service centers feature state of the art equipment including wheel lift systems and pump test pits. We have mobile service units available in Texas, New Mexico and Louisiana to handle your repair and service needs in the station or on the road in an emergency situation. Town Council Meeting Page 44 of 54 June 23, 2020 Siddons-Martin Maintenance Package P a g e 2 | 3 Version 1.0 1/1/2018 Chassis Maintenance Service Pricing Minor P.M.: (Recommended for every 6 months depending upon operational use of the vehicle) A Minor Preventative Maintenance includes performing a 104 point visual inspection report identifying needed/recommended repairs. Services performed include changing engine oil and oil filter(s), a check of the transmission, pump, differential and coolant fluid levels, and a complete chassis lubrication. Minor PM $1,095* *Excludes Travel Costs Major P.M.: (Recommended once a year) A Major Preventative Maintenance includes performing a 104 point visual inspection report identifying needed/recommended repairs. Services performed include changing engine oil, oil filter(s), fuel filter(s), transmission fluid and filters, pump fluid, coolant filter; a test of the coolant; an inspection of the differential fluid, the air dryer, air filter, power steering fluid, and the brakes with wheels on; and a complete chassis lubrication. Major PM $1,795* Major PM w/Transynd $2,395* *Excludes Travel Costs Aerial Device Maintenance: Aerial Device Maintenance includes cleaning and lubricating all ladder points, adjusting of ladder cables, if needed, top off of hydraulic fluid and perform drift test on all cylinders. Operate and inspect all ladder appliances. Aerial Maintenance Field - $1,675.00* *Excludes Travel Costs *Replacement of hydraulic filter is an additional cost. *Mounted Generators may require additional parts & labor charges. ***Prices above include parts and labor but excludes shop supplies and/or disposal fees*** Town Council Meeting Page 45 of 54 June 23, 2020 Siddons-Martin Maintenance Package P a g e 3 | 3 Version 1.0 1/1/2018 Engine Air filter (Additional if needed) Wheels off Brake Inspection by request A/C System Service & Maintenance: Evacuate system and weigh Freon level. Replace OEM drier(s), clean compressor screen, clean evaporator screens, vacuum test system, recharge with Freon and perform system leak test. $875 Power Steering Filter Replacement and Flush: Pierce Quantum Air Step Maintenance: Weigh loaded truck with scales: *Add travel fee if done in field. TAK4 Inspection & Adjustment: (Recommended once a year) Annual Pump Testing: *Travel will be added for mobile testing/testing at department’s facility Husky/CAFS Service *Travel will be added for mobile services Annual Aerial Testing: Quote/Estimate Based Upon Pricing from Testing Agency ***Lodging will be billed for overnight stays based on average area rates**** Single Axle – Additional $300 Tandem Axle – Additional $500 $295 $425.00 In shop - $300.00 $475 $425.00 - In Shop $1295.00 - In Shop Town Council Meeting Page 46 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-170-T Name: Status:Type:Agenda Item Draft File created:In control:6/9/2020 Town Council On agenda:Final action:6/23/2020 Title:Presentation by SAMCO, the Town’s Financial Advisor, on refunding some of the Town’s currently outstanding debt for interest rate savings and authorizing Town Staff and Financial Advisor to proceed with the Refunding (S. Norwood). Attachments:Staff Report - Series 2010 Refunding - June 23, 2020.pdf TC Refunding Summary.pdf Action ByDate Action ResultVer. Presentation by SAMCO, the Town’s Financial Advisor, on refunding some of the Town’s currently outstanding debt for interest rate savings and authorizing Town Staff and Financial Advisor to proceed with the Refunding (S. Norwood). Town Council Meeting Page 47 of 54 June 23, 2020 To: Mayor and Town Council From: Steve Norwood, Town Manager CC: Leticia Vacek, Town Secretary Mike Erwin, Finance Manager April Duvall, Chief Financial Analyst Re: Refunding of Series 2010 GO and GO Refunding Bonds Agenda Item: Presentation by Mark McLiney with SAMCO Capital Markets, the Town’s Financial Advisor, regarding refunding the GO Bonds, Series 2010 and GO Refunding Bonds, Series 2010 for Interest Rate Savings, authorizing Staff and the Financial Advisor to proceed with the refunding if certain savings are reached and other matters related thereto (S. Norwood) Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The Town has Series 2010 GO and GO Refunding Bonds eligible for refunding with current interest rates at 4.00%. This action will allow the Town to capture savings over the next 10 years with lower interest rates. Financial Considerations: Estimated savings over the life of the bonds is $350,312. Legal Review: Not applicable. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval to move forward. Attachments: • SAMCO presentation Page 1 of 2 Town Council Meeting Page 48 of 54 June 23, 2020 Town Council Approval: Mayor C. Nick Sanders or designee Page 2 of 2 Town Council Meeting Page 49 of 54 June 23, 2020 TOWN OF TROPHY CLUB, TEXASBond Refunding OpportunityJune 23, 2020Town Council MeetingPage 50 of 54June 23, 2020 2Potential Refunding Results* Gross Savings is shown net of all costs of issuanceSummary of Bonds to be RefundedSeries NamePar Refunded Refunded Coupon Range Maturities RefundedCall DateGO Bonds, Series 2010$     3,070,000  4.00%‐4.125%2021‐2030 9/16/2020GO Refunding Bonds, Series 2010$         410,000  4.00%2021‐2022 9/16/2020Estimated Annual SavingsDatePrior Debt ServiceRefunding Debt Service Savings09/30/2021 590,106  785,907  (195,800)09/30/2022 592,106  531,000  61,106 09/30/2023 378,306  317,500  60,806 09/30/2024 377,306  315,000  62,306 09/30/2025 380,906  322,350  58,556 09/30/2026 378,906  319,250  59,656 09/30/2027 381,506  321,000  60,506 09/30/2028 383,506  322,450  61,056 09/30/2029 384,906  323,600  61,306 09/30/2030 385,263 324,450 60,813 4,232,819  3,882,507  350,312 Summary of Refunding ResultsPreliminaryPar Amount of Refunded Bonds $    3,480,000 Refunding Par Amount $    3,380,000 Average Coupon of Refunded Bonds 4.05%True Interest Cost of Refunding Bonds 1.83%Gross Savings* $        350,312 Present Value Savings as a Percentage of Bonds Refunded 9.05%The Town has historically (since 2014) maintained an $0.11 I&S Tax Rate to pay debt service on the Town’s Bonds.   Because of growth and the payoff of other bonds, the $0.11 I&S Tax Rate can support additional debt service.  In year one, shown on the estimated savings table, we are increasing our Year one principal payment by $220,000 to maintain the Tax Rate which results in a total payment approximately $195,000 higher than the current debt service on the Refunded Bonds.Town Council MeetingPage 51 of 54June 23, 2020 3Timetable of EventsTimetable of EventsJune 23rd SAMCO presents refunding opportunity to theCouncil and Council authorizes Staff andConsultants to proceed with Refunding so long ascertain debt service savings targets are metAugust 11th Bids from potential purchasers due at noonCouncil reviews competitive bids received andawards the sale to the low bidderSeptember 15thBond ClosingTown Council MeetingPage 52 of 54June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-180-T Name: Status:Type:Agenda Item Draft File created:In control:6/16/2020 Town Council On agenda:Final action:6/23/2020 Title:Review and provide direction to staff on Future Agenda Items List (S. Norwood). Attachments: Action ByDate Action ResultVer. Review and provide direction to staff on Future Agenda Items List (S. Norwood). Town Council Meeting Page 53 of 54 June 23, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-174-T Name: Status:Type:Agenda Item Draft File created:In control:6/15/2020 Town Council On agenda:Final action:6/23/2020 Title:Take appropriate action regarding Executive Session (S. Norwood). Attachments: Action ByDate Action ResultVer. Take appropriate action regarding Executive Session (S. Norwood). Town Council Meeting Page 54 of 54 June 23, 2020