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Agenda Packet TC 04/17/2006 - Workshop 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, April 17, 2006 6”30 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." B.1 Town Council Workshop to discuss revisions to the Purchasing Policies. B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. B.3 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau B.4 Discuss and take appropriate action regarding a Proclamation declaring May 4th, 2006 as Day of Prayer in Trophy Club to coincide with the National Day of Prayer. 2 C.1 Public Hearing: Consider: A request for Replat of lots 1353-R and 1354 of Section Eleven, more particularly described as 31 Meadowbrook Lane and 33 Meadowbrook Lane. Applicant: Anton Merieter (RP-06- 004) C.2 Public Hearing: Consider: A zone change request for an approximate 1.767 acre tract of land located generally to the north of the Municipal Utility District Wastewater Treatment Plan Facility and south of the Town's northeastern city limit, and being part of the Mary Medlin Survey, A-832, from its current zoning of R-12 - Single Family Residential to CR -Commercial Recreation. Applicant: Beck Properties. (ZCA.06.009) D.1 Discuss and take appropriate action regarding C.1. D.2 Discuss and take appropriate action regarding C.2. D.3 Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right-of Way Access Line Rates. D.4 Receive an update from the NISD Joint Use Task Force and discuss same. D.5 Discuss and take appropriate action regarding the reconfiguration of Police and Fire Chief positions. D.6 Discuss and take appropriate action to approve financials dated March, 2006. D.7 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. D.8 Items for Future Agenda. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. Status of street repairs and bonds, including recommendation. Sale of Remaining Street bonds. Discussion and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase II. 3 Discuss and take appropriate action regarding joint participation with area cities in an engineering study to evaluate the feasibility of contracting with an additional wholesale water supplier. Carter and Burgess has submitted a request for a public hearing the first meeting in May: Tentatively scheduled for May 1, 2006 providing that they get through P & Z and can be referred to Council. Codification of ordinances. (May 1, 2006) Amendments to Overnight Parking section of Ord. 2005-26. (May 1, 2006) D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated April 3, 2006. E.1 Pursuant to Section 551.074(a)(1) of the Texas Open Meetings Act, Town Council will convene into Executive Session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. Appointment of Town Manager Brandon Emmons and terms of engagement. E.2 Discuss and take appropriate action relative to terms of engagement and proposed contract with Town Manager Brandon Emmons F.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.A.2 Invocation. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.B.1 Town Council Workshop to discuss revisions to the Purchasing Policies. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. Current Policies 2. Cardholder Policies and Procedures Manual 3. Redlined version of Purchasing Policies 8 TOWN OF TROPHY CLUB PROCUREMENT POLICIES AND PROCEDURES TABLE OF CONTENTS POLICIES 1 PURPOSE 1 POLICY 1 FREE AND OPEN COMPETITION 2 COMPLIANCE 2 CODE OF ETHICS 2 CONFLICT OF INTEREST 3 CONTRACTS 3 DECLARATION OF CONFLICT OF INTEREST 3 VIOLATIONS AND REMEDIES 4 SUBSTANTIAL INTEREST 4 LEGAL CONSIDERATIONS 4 PROCUREMENTS EXEMPT FROM STATE LAW COMPETITIVE BID REQUIREMENTS .............................................. 4 CONFLICT OF INTEREST 6 PUBLIC ACCESS TO PROCUREMENT INFORMATION 6 CONFIDENTIALITY OF BIDDERS QUOTATIONS 6 METHODS OF PROCUREMENT 6 GENERAL 6 PETTY CASH PURCHASES – COST UP TO $100 7 CREDIT CARD PURCHASES – PERSONAL TRAVEL EXPENSES.............................................................................. 7 PROCUREMENT CARD PURCHASES 8 PURCHASES OVER $3,000 BUT LESS THAN $25,000 9 COMPETITIVE SEALED BIDS – COST OVER $25,000 9 PROFESSIONAL CONSULTING SERVICES CONTRACTS – RFQ/RFP ....................................................................... 10 ANNUAL CONTRACTS 11 SOLE SOURCE PURCHASES 11 STATE CONTRACTING PURCHASING 11 ALTERNATIVE PROJECT DELIVERY METHODS FOR CERTAIN PROJECTS ............................................................. 11 THE REQUISITION PROCESS 12 PROCEDURE FOR NON-EMERGENCY PURCHASES 12 PROCEDURE FOR EMERGENCY PURCHASES 13 PURCHASING PROCESSES 13 POLICY 13 REQUESTS FOR BIDS (RFB) OR REQUESTS FOR PROPOSALS (RFP).................................................................... 14 BID PACKET 14 COMPETITIVE PROPOSALS 16 CANCELLATION OF A RFB/RFB 16 ii MODIFICATION OF A RFB/RFP 16 RECEIVING THE BID OR PROPOSAL – PROCEDURAL REQUIREMENTS ................................................................. 16 DISQUALIFIED BIDS 17 CORRECTION OR WITHDRAWAL OF A BID 18 EVALUATING COMPETITIVE BIDS 18 GENERAL 18 TABULATING THE RESULTS 18 BASIS FOR PURCHASE DECISION 18 AWARDING THE BID 19 POLICY 19 DISQUALIFICATION OF A BIDDER 19 PROTESTING A BID 19 PROCUREMENT SPECIFICATIONS 20 MODIFICATION AND TERMINATION OF CONTRACTS................................................................... 20 POLICY 20 REQUIREMENT TO RE-BID 21 DELIVERY OF GOODS 21 DISPOSAL OF SURPLUS PROPERTY 21 SECTION 1.0: POLICIES 1.01 Purpose The purpose of the Town’s Procurement Policy is to provide the parameters for the expenditure of funds in the procurement of goods and services for the Town of Trophy Club. The policies and procedures outlined herein are intended to comply with the Town of Trophy Club’s Mission and legally mandated federal and state statutes. 1.02 Policy Regardless of the value of the expenditure it is the policy of the Town of Trophy Club to promote competition that produces the highest quality goods and services at the lowest possible price whether or not the item is subject to bid. The Town Manager in coordination with the Town Council is charged with establishing the policies for the procurement of all goods and services. The Finance Department: • Develops purchasing objectives, programs, and procedures for the acquisition of materials, equipment, supplies, and services; • Helps department managers provide open and fair competition to vendors; and • Helps departments prepare and obtain approval of purchase orders, price agreements, and contracts; The City Secretary’s Office/Department Managers or designee: • Receives, and monitors formal bids for purchases. The Department Managers: • Develops and maintains technical and non-technical commodity specifications; • Ensures funding is available for procurement in department budgets. • Provides open and fair competition to vendors; • Prepares requisitions; • Obtains approval of purchase orders, price agreements, and contracts; • Prepares requests for proposals (RFPs) , requests for qualifications (RFQs) and requests for bids (RFBs); and • Monitors and evaluates the performance of vendors including but not limited to, compliance with contract specifications. 1.03 Free and Open Competition All procurement transactions, regardless of dollar value, whether advertised or negotiated, shall be conducted in a manner so as to provide maximum free and open competition. The Town Manager or Town Council should be alert to organizational conflicts of interest or noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors who develop or draft specifications and other requirements for solicitation instruments (Requests for Bids or Proposals) should be excluded from competing for such procurement. 1.04 Compliance In order to have an efficient purchasing function, all departments must work in close cooperation with the Finance Department. Departments can ensure compliance with the Town’s policies and procedures by: • Informing departmental personnel of the purchasing requirements and ensuring adherence; • Planning purchases in advance in order to allow sufficient time to advertise, when necessary, obtain proposals, quotations, or bids, determine best source, and issue purchase orders with reasonable lead-time for delivery and thus prevent emergencies; • Providing accurate and concise specifications for items requested and timely preparing requisitions; • Inspecting or supervising the inspection of commodities, services and equipment delivered; and determining acceptability of their quality, quantity, and conformity with specifications; and • Providing complete written documentation of a vendor's performance to be used in future bid award evaluations. SECTION 2.0: CODE OF ETHICS Officers and employees of The Town of Trophy Club are public servants, who will carry out their activities in a fair and legal manner avoiding actual or perceived conflicts of interest. All officers and staff members are expected to conduct the activities of the Town in full compliance with the law and in an honest, fair, and courteous manner. Officers and staff members must neither ask nor expect contractors, vendors or others with whom the Town does business to favor the Town, the officer or the individual staff member with special treatment. Officers and staff members should not permit personal preferences and dislikes to affect decisions related to their duties. To do so acts against the Town’s policy which is to treat all individuals, members, potential members, contractors, and others fairly and equitably. This does not preclude officers and staff from basing current purchasing decisions on past experience with specific vendors. SECTION 3.0: CONFLICT OF INTEREST 3.01 Contracts Specifically, with reference to contracts, no employee or officer of the Town who exercises any functions or responsibilities in the review or approval of an undertaking or the carrying out of one of Town’s contracts shall participate in any decision relating to that contract if the decision affects his or her personal financial interest, such officer or employee has a substantial interest as defined by state law, or participation by such officer or employee is otherwise prohibited by state law or Town policy. If a former staff member or Town officer has worked less than one year for a business seeking to contract with the Town, the business entity must make this known and must describe the relationship between the former employee/officer and the firm. In no instance may this former employee/officer have hours billed on any project or program. To do so is reason for not awarding a contract. 3.02 Declaration of Conflict of Interest In the event of a conflict of interest as defined by state law, the affected officer or employee must file a signed affidavit declaring his or her conflict of interest. The affidavit must be filed with the Town Secretary. Such official, officer or employee must abstain from discussion of or voting on a bid, proposal or contract submitted by a business entity in which he/she has a substantial interest. More specifically, in addition to the requirement to complete an affidavit, when an item is placed before a Board, Commission, Committee, or Town Council for review, any and all members of those bodies who has a conflict of interest shall announce that he/she has such conflict and shall leave the room until the body has discussed and taken action on the item for which the member has a conflict. Moreover, it is the policy of the Town that an employee who has a substantial interest in a business entity as defined by state law, shall follow the procedure outlined in this section by completing an affidavit and leaving the room where a discussion and/or vote is taking place regarding the business entity in which the employee has an interest. Further it is the obligation of officials, officers and employees to avoid apparent conflicts of interest by abstaining and following the procedures specified in this section. Officials, officers and employees shall abstain from participating in the procurement process, which includes but is not limited to discussions, lobbying, rating, scoring, recommending, providing current copies of contracts outside of Public Information Act process, explaining or assisting in the design or approval of the procurement process on contract with the organization he or she represents or from which he or she receives a direct financial benefit; or on contracts with organizations in which a family member will realize a direct benefit. 3.03 Violations and Remedies Violations of the provisions of this Article constitute misconduct, subjecting the violator to any and all penalties prescribed by law. Penalties, sanctions or other disciplinary actions, to the extent permitted by state or local law, rules or regulations, shall be imposed for violations of the code of conduct/conflict of interest standards, by the Town’s officers, employees or agents or by persons, contractors or their agents, when the procurement involves state or federal programs and/or funds. Appropriate sanctions, penalties or disciplinary actions shall be applied for violation(s) of these policies and/or state law. Violations of state or federal law shall be referred to the proper authority having jurisdiction over it. 3.04.1 Substantial Interest. A person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceed 10 percent of the person’s gross income for the previous year. Additionally, a local public official is considered to have a substantial interest if a person related to the official in the first degree by blood or marriage, as defined by Chapter 573 of the Texas Government Code, has a substantial interest as defined herein. SECTION 4.0: LEGAL CONSIDERATIONS 4.01 Procurements Exempt from State Law Competitive Bid Requirements Purchases made by the Town shall be in accordance with State law. Written, competitive bids must be taken for all procurements over $25,000 except exempted procurements as mandated by State law. Exempt procurements include: • Those made in case of public calamity, where it is necessary to act immediately to appropriate money to relieve the necessity of the Town’s residents or to protect or to preserve Town property; • Those made necessary by unforeseen damage to Town property, machinery or equipment; • A procurement necessary to preserve to protect the public health or safety of the Town’s residents; • Those for personal, professional, or planning service; • Those for work performed and paid for by the day as work progresses; • A purchase of land or right-of-way; • Items that area available from only one source; • A purchase of rare books, appears, and other library materials for a public library; • Paving, drainage, street widening, and other public improvements, or related matters, if at lease one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; • A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; • A payment under a contract by which a developer participates in the construction of a public improvement as provided by Chapter 212 of the Texas Local Government Code; • Personal property sold: o At an auction by a state licensed auctioneer; o At a going out of business sale held in compliance with Chapter 17, Texas Business and Commerce Code; o By a political subdivision of the state of Texas, a state agency of the State of Texas, or an entity of the federal government; or o Under an inter-local contract for cooperative purchasing administered by a regional planning commission established under Chapter 391 of the Texas Local Government Code; • Services performed by blind or severely disabled persons; • Goods purchased by a municipality for subsequent retail by the municipality; or • Electricity • Purchases made pursuant to an approved cooperative purchasing program or those from an approved state program. Contracts are awarded in a manner consistent with the provisions of Town policy statements and state law. 4.02 Conflict of Interest An employee of the Town may not solicit bid quotations from relatives of the employee or relatives of another Town employee on products to be purchased by The Town. 4.03 Public Access to Procurement Information Procurement information shall be a public record to the extent provided by the Texas Open Records Act and the Freedom of Information Act and shall be available to the public as provided therein. If a proposal contains information that the bidder considers proprietary and does not want disclosed to the public or used for any purpose other than the evaluation of the offer, all such information must be clearly marked as proprietary and confidential by making such notation on each page or portion thereof containing propriety and confidential information. The Town reserves the right to duplicate, use or disclose the information as needed to prepare contract documents and working documents for the project and is not liable for accidental disclosure of such information. 4.04 Confidentiality of Bidders Quotations A vendor’s bid/proposal is confidential until opened. Therefore, no bid or proposal shall be opened before the date and time of the published opening of such bid/proposal. Opening bids/proposals prior to the publication date and time is a violation of state law and Town policy. SECTION 5.0: METHODS OF PROCUREMENT 5.01 General The Town has four methods for procuring goods and services each of which is determined by the total estimated cost of the purchase. However, regardless of the cost of the purchase, the objective is to secure the highest quality goods and services at the lowest possible price. No purchase may be split to circumvent the dollar amount requirements. With the exception of Petty Cash and procurement card purchases, the procurement process begins with the preparation and approval of a Purchase Order (see Section 6.0). All purchases except those made through Petty Cash, Procurement Card, or those listed under the exemptions in Section 6.1 must be made through an approved Purchase Order or Contract. Purchase Orders will not be issued “after-the-fact”. 5.02 Petty Cash Purchases - Cost up to $100 All Town departments and employees have access to the use of petty cash funds for individual item purchases with dollar values not in excess of $100. The petty cash fund is to be used for small purchases that the employee can pick up at a local facility if a purchasing card is not accepted or if the employee has not been given a purchase card. Town employees are not to misuse petty cash funds by splitting a purchase into more than one transaction in order not to exceed the $100 limit. A petty cash slip must be completed and signed by the requesting employee and authorized by the employee’s manager. Receipts for each transaction must accompany the petty cash slip. Neither a purchase requisition nor competitive bids are required when using petty cash. 5.03 Credit Card Purchases – Personal Travel Expenses • If the training or seminar was not approved through the budget process, written permission must be obtained from the Department Manager or Town Manager prior to travel. There must be money in the budget to cover the travel unless the Town Manager or designee makes the exception. • Transportation – Attach a copy of the airline ticket showing flight times to the appropriate purchasing card transaction sheet received from the Procurement Card Administrator. If the mileage to drive your personal car is more than the cost of the airline ticket plus ground transportation (i.e. taxi or shuttle service) plus airport parking costs, the employee reimburses the difference. Attach a copy of taxi or shuttle service receipts if applicable to the purchasing card transaction sheet if they take a purchasing card. If you drive your personal car and claim mileage, you cannot charge your gasoline on your purchasing card. If you drive a Town of Trophy Club vehicle or if you receive a car allowance, you can charge your gasoline for out-of-town trips. • Lodging – A copy of the invoice showing all expenses should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. In-room movies or pay television, phone calls, golf, sporting events, dry cleaning or laundry, and valet parking are not reimbursable expenses. For Texas destinations, you need to present a copy of the Texas Sales and Use Tax Exemption Certification. State taxes should not be paid but city taxes may or may not be exempt depending on local resolutions. • Meals – receipts should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. You actually need two receipts. One would include the breakdown of items bought. The other would be the receipt that shows the actual amount charged that includes a reasonable tip of not more than 15%. No alcoholic beverages may be charged. The total for the day depends on the time you leave and the time you come back. Generally, you must be traveling by 7:00 a.m. to receive breakfast and stay after 7:00 p.m. to receive the evening meal. The most per day is $30 if you are traveling or at a conference the full day. If there is a partial day of travel, you will need to keep the daily total to $10 per meal. If your conference includes a meal, you should consider the meal to be $10 of your daily amount. • Registration – if you do an on-line registration, be sure to screen print details that show how much the conference costs, dates of the conference, and name of the conference. If you fax the registration information, keep a copy of the same details. Attach the copy to the purchasing card transaction sheet. • Any unauthorized expenses are the responsibility of the cardholder and must be reimbursed to the Town of Trophy Club. • The Town Manager or her designee must approve any exceptions to the above. • The Town Manager may modify the above procedures and polices as determined necessary. 5.04 Procurement Card Purchases The intent of the procurement card is to provide a controlled, but less labor- intensive alternative to the existing procedures for purchasing and paying for items up to the pre-determined credit limits. The Department Managers shall determine employees within each Department who are to be issued a procurement card and the transaction value limit to be assigned to each individual’s card. Cards are issued in the name of the designated Town employee and the Town of Trophy Club. The card remains the property of the Town of Trophy Club. Each potential cardholder will attend a training session and sign a procurement card policy that documents the cardholder’s responsibilities prior to being issued a card. The Procurement Card is to be used to make purchases for operations included in the Town’s approved budget. Violations of these requirements may result in revocation of use privileges and/or disciplinary action, up to and including termination of employment. Employees who have inappropriately used the Procurement Card will be required to reimburse the Town for all costs associated with the improper use. Each employee who has been issued a card will ensure that a receipt that indicates the place, date and nature of the purchase is obtained each time the card is used. The receipts will be attached to the purchasing card transaction sheet, which will be signed, dated, and turned in to each applicable Department Manager who will review each purchase for appropriateness. The Department Manager will sign the purchasing card transaction sheet and forward to the Procurement Card Administrator within the specified time limit of no more than three days. The Procurement Card Administrator will reconcile the individual Department packets with the monthly statement received from the issuing Bank. Should any charges not be supported by receipts, the Procurement Card Administrator will notify the applicable Department Manager who shall obtain a receipt or other proper documentation evidencing the nature and amount of the purchase. If a purchase order is issued, attach the original purchase order with the appropriate signatures to the purchasing card transaction sheet so that Finance can close the purchase order for financial reporting. The Procurement Card Administrator is responsible for compliance with the issuing bank’s Procurement Card guidelines and notifying the Finance Director of any problems. 5.05 Purchases over $3,000 but less than $25,000. If the cost of the item(s) exceed $3,000 but is less than $25,000, departments are required to secure at least three (3) documented quotes on the item(s). In keeping with State Law, at least two (2) of the quotes must be from Historically Underutilized Business (HUBs) located in Denton County. If a purchase falls within the foregoing cost parameters and if a firm classified as a HUB handles that type of product, such HUB must be contacted on a rotating basis, but a department must attempt to contact at least two HUB's on each order. Once all bids have been received and evaluated, the Department Manager or his or her designee will place the purchase to the lowest responsible bidder. In the event that a Department Manager or his or her designee desires to award a bid to a bidder other than the low bidder, such employee provide a detailed explanation in writing specifying why the lowest bidder was not accepted. Such written explanation shall be attached to the bid sheet. 5.06 Competitive Sealed Bids - Cost over $25,000 The Town Council must approve all non-budgeted or unanticipated purchases with values in excess of $25,000 prior to the purchase. Once a resolution has been passed or approval has been granted, the purchase must be made through the use of competitive sealed bids (see Section 7.0) or some other purchasing method as authorized by this policy. Invitations for sealed bids shall include specific instructions to the vendors concerning bid submission requirements including the time, date and place for receipt of bids by the Town. Competitive sealed bids are to be advertised in local newspapers of general circulation under the legal notices section. The bid must be advertised at least 14 days prior to the date of the bid opening. The advertisement is to give adequate instruction as to the nature of the bid, date and time of bid opening, and bidders conference, if applicable. Exceptions to Competitive Sealed Bidding Competitive sealed bidding is not necessary if one of the exceptions in Section 4.0 of these policies is applicable. 5.07 Professional Consulting Services Contracts –RFQ/RFP Process. a. RFQ/RFP Process. Professional consulting services means those within the scope of the practices of accounting, architecture, land surveying, professional engineering, and other areas as defined by the laws of the State of Texas. Such services to the Town are to be provided pursuant to a third party independent contractor agreement for a specified time period. Competitive bidding shall not be used to select the professionals/consultants contracted by the Town. Compensation will be negotiated before the contract is signed and after the consultant has been selected on the basis of his or her demonstrated competence and qualifications to perform the services for a fair and reasonable price. When professional consulting services are needed, the Department requesting the services will prepare a Request for Qualifications setting forth a description of the scope of services needed, the minimum desired qualifications, credentials and experience, and the relative importance of each, and will forward that information to the Town Manager. The RFQ shall be advertised and may also be sent out to qualified vendors whom Town staff recommends. The Town Manager will assemble a team (Selection Team) of appropriate staff that will evaluate the responses submitted by those firms whose qualifications meet the requirements set forth in the Request for Qualifications. Requests for Proposals shall be solicited and processed in accordance with the requirements set forth in Section 5.07(b) hereof. b. RFP Process. A Request for Proposal (RFP) will be sent to each consultant identified by the Selection Team in accordance with the RFQ process set forth in Section 5.07(a) above. However, if the two-step RFQ/RFP Process is not utilized and the single step RFP process is utilized, then the RFP must be advertised and must require that proposals contain information identifying qualifications, credentials, and experience of those vendors submitting a response. The RFP shall also list the services desired and a deadline for return of the RFP. The request shall require the responding professionals/consultants to provide a schedule for completion of the scope of services, where applicable. Copies of the proposal(s) shall be submitted to the Town Secretary who shall process the responses in accordance with Section 7.0 and who will forward to the members of the Selection Team. Interviews shall be scheduled with the highest ranked firms. The Selection Team will ask each finalist to make a presentation of experience and then may question the firms as to capability and methods of approach for furnishing the required services. Professional compensation is not considered in these discussions. The qualified firm(s) shall be ranked from most qualified to least qualified. The Selection Team shall begin negotiations with the most qualified to develop a contract. The Town contract shall include all relevant terms and conditions, including but not limited to, compensation, time required and full scope of work to be performed. If an agreement satisfactory to both the Town and a firm cannot be reached, negotiations will be terminated with that firm and the process started over with the second choice candidate and so on. As soon as an agreement is reached, the Selection Team shall make its recommendation to the Town Council. c. Frequency. The RFQ/RFP process for professional services may be utilized bi-annually. 5.08 Annual Contracts For goods or services that are used repetitively throughout the Town such as office supplies, paper goods, mailing services, or stationery, the Town may enter into an annual contract with a supplier. The purpose of entering into an annual contract is to eliminate the need to obtain competitive pricing each time repetitively used items are requested. The Town will obtain competitive sealed bids requiring that bid prices remain in effect for a specified period. The Town will enter into agreement, upon approval of the Town Council (if the contract price exceeds $25,000), with the approved bidder by signing a contract stating the terms and conditions. Once the contract period nears the end of the term, the Finance Department will re-advertise the bid request for the following year giving fair opportunity for vendors to respond. 5.09 Sole Source Purchases When a department identifies a potential sole source purchase, a detailed justification explaining why a sole source purchase is necessary must be provided to the Finance Director in advance for review and concurrence. 5.10 State Contract Purchasing The Town has the option of purchasing items on contract through the Houston- Galveston Area Council Cooperative Purchasing program and the State of Texas central purchasing agency. Participation in these programs is strictly voluntary and the Town is not obligated to purchase through either. According to Section 271.081 - 271.083 of the Texas Local Government Code, The Town is not required to obtain competitive bids for items that are on state or local government contract. Because the State of Texas central purchasing agency purchases in large quantities through a state cooperative purchasing program, prices are generally lower than retail. One must keep in mind when purchasing items under state contract that there are no alterations or modifications to the specifications that are listed with the cooperative purchasing programs. 5.11 Alternative Project Delivery Methods for Certain Projects. Alternative project delivery methods, include but are not limited to, construction manager at risk, construction manager agent and design build contracts. Any of the alternative project delivery methods specified in Subchapter H of Chapter 271 of the Texas Local Government Code, as amended, may be utilized provided that the purchase and the procedures utilized in making that purchase comply with all requirements specified therein. SECTION 6.0: THE REQUISITION PROCESS 6.01 Procedure for Non-Emergency Purchases When the need for goods/services with an estimated value in excess of $10,000 arises, the user Department shall originate an on-line purchase order. The purchase order must be prepared far enough in advance of the date that the goods or services are needed to allow all procurement procedures to properly function, including: • Securing appropriate approval of the purchase • Advertising for bids, if necessary • Obtaining bids or price quotations • Evaluating bids • Preparing the contract • Allowing delivery of goods or services in a timely manner Each Department is responsible for ensuring that duplicate purchases are not made. Once a purchase order is received, the Department Manager must: • Check the purchase order for completeness, including quantity and concise specifications; • If specified as a sole source, ensure the reason for the sole source is documented and appropriate; • Verify the budget authority. Check budget line item authority and budget balance for sufficient unencumbered amount to cover the purchase. Once the vendor selection process has been completed, the Department Manager will bring the requisition to Finance who will prepare the purchase order. The Department Manager will then secure the appropriate approval of the purchase order or contract. The Town is not liable for making payment to vendors for purchases that have not had prior approval of the Department Manager and have not been issued a purchase order number. The Department needs to attach the approved Purchase Order to the invoice received and forward to Finance for payment. 6.02 Procedure for Emergency Purchases The designation of emergency purchase indicates a situation of such urgency that normal purchasing procedures must be modified in the interest of time, and therefore no competitive bids are required. The Town is allowed to make emergency or exempted purchases without competitive bidding as defined in Texas statutes. All emergency purchases are processed as follows: • The applicable Department Manager will be notified immediately with as much information as possible about the emergency purchase required. • The Department Manager contacts as many vendors as necessary to arrange the emergency purchase. The purchase is completed by telephone by issuing a verbal purchase order number to the vendor and requesting expedited delivery. The purchase order is either mailed or faxed to the vendor at a later date. • Staff making the request may be required to pick-up the emergency purchase from the vendor, if applicable, if expedited delivery from the vendor is not available. • Council approval or ratification must be obtained for all such emergency purchases exceeding $25,000.00. SECTION 7.0: PURCHASING PROCESSES 7.01 Policy Competitive written or telephone bids are to be sought for all purchases over $3,000 (see Section 5.05). All practical means to obtain the best price available should also be used when making emergency purchases. Competitive sealed bids are required for those bids exceeding $25,000 (see Section 5.06). The bid consists of the items offered by the vendor in response to the specifications, along with details governing the offer. The Town bidding procedures contain the following general requirements: • A short summary of the Request For Bid (RFB) or Request for Proposal (RFP) shall be published in local newspapers of general. The advertisement is to be published under the Legal Notices section of the newspaper. This should be coordinated through the City Secretary’s Office. • Bids are received until the date and hour set out in the specifications. The Town Secretary or her designee will mark bids with the date and time at which they are received. Once a bid is submitted, the bidder cannot alter or correct a bid. A vendor who wishes to withdraw a previously submitted bid and/or submit an alternate bid may only do so prior to the bid opening. Under no circumstances will bids be accepted after the specified date and time. • The bids are to be opened at the date and hour specified in the bid and notice documents, and submitted to the requesting department for review. Generally, the lowest and best responsible bid is accepted. Occasionally, a bid may be split between vendors to obtain optimum pricing. If no bid is found to be acceptable, the entire bidding process must be repeated. Sealed bids are opened publicly in the presence of at least three (3) Town employees. The Town Secretary or her designee will coordinate the opening of the bids. • Bids are to be kept confidential from competitors until after the bid has been opened. Once the bid is opened, the bid becomes open record in accordance with the Texas Open Records Act. • Sealed bids must be submitted to the Town of Trophy Club by mail or hand delivered to Town offices. Envelopes must be clearly marked that a sealed bid is enclosed. Faxed or late bids will not be considered for award. They should be addressed to the Town Secretary. • The Town of Trophy Club reserves the right to reject any and all bids submitted and to waive any and all irregularities. It is the consistent policy of the Town to use competitive principles in awarding all public contracts of any amount with only limited exceptions as allowed by law. This includes the purchase and lease of goods, the purchase of services, and construction projects. These competitive principles apply to all departments of the Town of Trophy Club. 7.02 Requests for Bids (RFB) or Requests for Proposals (RFP) RFBs and RFPs are used to notify vendors that the Town has specific requirements for goods and/or services and that vendors are being offered an opportunity to fulfill those requirements. The bid system is to be kept simple and practical, and the bids must be advertised as widely as possible in order for competition to work. Complicated bid invitations or requests for proposals discourage competition and drive up prices. 7.03 Bid Packet A bid packet contains documents needed by the vendor to respond to the requirements of the RFB/RFP. It may include several elements: Request for Bid (RFB) or Request for Proposal (RFP): This is the cover form for the bid/proposal package. It provides specific information that the bidder will need to respond. As applicable, it should include: • Quantity and brief description of goods or services to be provided • Request for unit cost, extended cost, and total cost of items bid • Estimated delivery time if vendor is awarded the bid • Closing date and time for receiving bids or proposals. • Place where bids or proposals are to be sent, including the address and office • Person to contact for additional information • Instructions to bidders (see example in Appendix F) • For RFPs only: Factors to be used in the evaluation process, the weights attached to each factor. Evaluation factors may include price, experience of vendor’s staff, ability to respond in a timely way, past recommendations, safety record in accordance with a duly adopted Town vendor safety record policy, and financial soundness, as well as any others considered necessary. Other evaluation factors will depend on the individual requirements attached with the procurement. Standard Terms and Conditions: All conditions of doing business with the Town will remain constant for all contracts and purchases, unless specifically deleted. They are usually presented as an attachment to the RFP. Special Provisions: Terms and conditions required for a particular contract or purchase. Specification: The description of the purchase requirements. In place of enclosing the actual specification, information about where the specification may be obtained may be substituted. Pricing: The offer and acceptance page. The vendor quotes prices in accordance with the specification requirements. Prices are usually provided by unit and include the total cost for the estimated amount required. A list of attendees and minutes of the bidders conference by the City Secretary or her staff must be kept as part of the procurement file. 7.04.1 Competitive Proposals Competitive proposals can only be used for procurements of high-technology products or services as allowed by law. The specification shall be written using performance standards rather than the description of the good or service. The specification must also specify the relative importance of price and other evaluation factors by identifying the weight to be given to each factor. • Vendors submit a proposal for a system to satisfy the requirements set forth in the proposal. Proposals may incorporate various types of hardware or services to accomplish the performance objectives set forth in the specifications. • After proposals are received, the Town may enter into discussions with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract based upon proposal specifications. Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted during the discussion process after submissions and before the award of the contract in order to obtain the best final offers. • The contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the Town considering the relative importance of price and the other evaluation factors included in the request for proposal. 7.05 Cancellation of a RFB/RFP RFBs and RFPs may be canceled by the Town at any time before the date set for opening bids. A cancellation notice should be mailed or faxed to all vendors receiving bid or proposal invitations. 7.06 Modification of a RFB/RFP RFBs and RFPs submitted to vendors may also be modified by the Town after being issued but before the final date for submission. When modifications are required, addenda shall be mailed and/or faxed to all vendors receiving bid or proposal packets. The modification notification should state whether the bid opening date is or is not extended. The bid opening date may be extended if notification of the amendment will not give vendors ample time to respond to the modified request. 7.07 Receiving the Bid or Proposal – Procedural Requirements Receiving competitive bids and proposals must be done properly in order to ensure that no possibility of favoritism or even the appearance of favoritism exists. Notice of the time and place at which the bids/proposals will be publicly opened must be published at least once a week for two consecutive weeks. The date of the first publication must be at least fifteen (15) days before the date of public opening. • Each bid or proposal must be returned to the Town Secretary’s Office as designated in the invitation. Each proposal is to be in a separate envelope, sealed and with the bid or proposal identification number marked on the outside of the envelope. If more than one bid is to be submitted, vendors are required to use separate envelopes for each bid. • The bid or proposal envelope must be clearly marked by the offeror with the date upon which it is submitted to the Town and the Town Secretary or her designee shall mark the date and time of receipt of by the Town. • The bid or proposal envelope should then be filed unopened together with the other bids or proposals for the same bid invitation until the time of the bid opening. • Bids or proposals must be received by and opened on the date, hour and location as specified in the invitation/request. Vendors are invited and encouraged to attend the bid opening. Bid openings are considered open meetings and anyone can attend. Three (3) Town representatives (i.e. employee, town official, or professional staff) must be present at all bid openings. • All bids and proposals must be sealed with the identification number clearly marked on the outside of the envelope. One bid or proposal may be submitted per envelope. Opened bids shall be kept on file and available for inspection. 7.08 Disqualified Bids The following are grounds for disqualifying a submitted bid: • Incomplete bids/proposals may be considered non-responsive. Such bids/proposals may be considered for award if the non-responsiveness is due to a non-material omission. (i.e. the omission does not affect price, quality, quantity, delivery or other material contractual conditions). • Unsigned bids/proposals, or bids/proposals with unauthorized signatures. • Bids or proposals received after the date and time for opening. Late bids/proposals are not considered for award of the purchase, will not be opened, and will be returned to the submitting bidder/proposer. • Bids/proposals where prices are conditional on award of another bid, or when prices are subject to unlimited escalation. If allowed by the specification, prices may be subject to escalation based on an independent wholesale index. 7.09 Correction or Withdrawal of a Bid Bids may not be altered or amended after the submission deadline. A non- material omission or error may be waived if: • The omission or error relates to a matter of form, not substance; and • Does not otherwise prejudice the other bidders/offerors. Any alteration or change made to a bid or offer prior to opening must be initialed by the authorized signatory of the bidder guaranteeing authenticity. Mathematical errors may not be corrected. In the event of a conflict between a unit price for an item(s) and the total price for such item(s), the Town reserves the right to resolve the conflict by accepting the lowest price. SECTION 8.0: EVALUATING COMPETITIVE BIDS 8.01 General The Finance Director or his designee will provide tabulations, calculation checks, price extension and information about compliance with specifications to the RFB/RFP. 8.02 Tabulating the Results When bids or proposals are opened, the results are tabulated by the Finance Director or his designee for easy reference. The following information is included in the bid analysis: • All calculations and sums are double checked for accuracy. • Unit prices are extended to a total price for the requested quantity. • The bid or proposal is verified to determine if all requirements listed meet specifications. All areas where the bid/proposals fail to meet conditions included in the specifications and whether any failures disqualify the bid/proposal are listed. Any modifications to the specifications submitted by the vendor are so noted. • All required samples to be included, if applicable, are verified by the Department. • Samples of the desired product, if required, are tested and results of the test noted by the Department. 8.03 Basis for Purchase Decision The evaluation and recommendation includes whether or not the vendor has submitted a responsive bid or proposal (one that meets all criteria of the RFB/RFP). Additionally, information on the vendor’s record of being a responsible bidder (one who has proven capable of performing a contract and/or appears financially and technically capable of adequately performing this contract) is included. If the bidder’s safety record is to be considered, the evaluation states if the bidder has an acceptable record, and if not, the identifiable factors that were not satisfactory as required by the written definition and criteria for accurately determining the safety record of a bidder and the Town has complied with all other requirements of §252.0435 of the Texas Local Government Code, as amended. SECTION 9.0: AWARDING THE BID 9.01 Policy The Town awards bids to the vendor who meets the requirements set forth in the bid documents who offers the lowest cost or the vendor who provides goods or services at the best value for the Town pursuant to the criteria set forth in Section 252.043 of the Texas Local Government Code, as amended. If staff recommends award of a bid to a vendor who is not the lowest responsible bidder, justification for the vendor selection must be documented. In the event that no bid is deemed satisfactory, the Town may declare that all bids are unacceptable. 9.02 Disqualification of a Bidder If a bidder has provided unsatisfactory service or products to the Town in the past, those experiences are to be thoroughly documented in order to support any later disqualifications. A vendor who fails to provide satisfactory products, goods or services or who has breached, terminated or been terminated from a contract with the Town in the past will be removed from the Approved Vendors List for future bidding opportunities and may be disqualified from bidding on future projects. SECTION 10.0: PROTESTING A BID Upon selection of an offeror or bidder, all competitors must be notified in writing of the procurement results and advised of their right to appeal the decision by the Department. A protest must be submitted to Town’s Finance Director within seven (7) calendar days of the date upon which the Town’s written notice of procurement results is made. All such protests will be reviewed by the Town Manager who will issue a written decision regarding the protest. An appeal from the decision of the Town Manager may be made to Town Council and shall be placed on the Council agenda on the first available date for which notice and publication requirements may be met after a written notice of appeal is received by the Town Secretary. SECTION 11.0: PROCUREMENT SPECIFICATIONS A specification is a concise description of goods or services the Town seeks to buy, and the requirements the vendor must meet in order to be considered for the award. A specification may include requirements for testing, inspection or preparing an item for delivery, or preparing or installing it for use. The specification is the total description of the purchase. A good specification has four characteristics: • It sets the minimum acceptability of the good or service. The term minimum acceptability is key, since the vendor must know the minimum standard to determine what to provide. Setting too high a standard means tax dollars will be wasted, while setting too low a standard means the good or service will not meet the expectations of the user. • It should promote competitive bidding. The maximum number of responsible vendors should be able to bid to the specifications. Restrictive specifications decrease competition. • It should contain provisions for reasonable tests and inspections for acceptability of the good or service. The methods and timing of testing and inspecting must be indicated in the specification. Tests should refer to nationally recognized practices and standards, whenever possible. • It should provide for an equitable award to the lowest responsible bidder. The buyer obtains goods or services that will perform to expectations, and the vendor is able to provide the goods or services at an equitable price. SECTION 12.0: MODIFICATION AND TERMINATION OF CONTRACTS 12.01 Policy All modifications or changes to a contract must be in writing. The Finance Director or his or her designee may approve a change order that may increase or decrease a contract by $15,000 or less. The Town Manager or her designee must approve modifications exceeding $15,000. The original contract price is not to be increased by more than 25%. Additionally, funding must be available to cover the cost of the price increase. The original contract price may not be decreased by more than 25% without the consent of the contractor. 12.02 Requirement to Re-bid • In the event that a change order exceeds 25% of the contract price, a new bid must be solicited using the same bidding procedures as noted in Section 6.0. A new bid solicitation is to be issued if the procurement of supplies, equipment or services is materially different from that specified in the previous bid process regardless of the percentage in increase in the contract price. SECTION 12.0: DELIVERY OF GOODS Once goods are delivered to the Town’s offices, receipt of delivery is noted by signature of the receiving department or the receptionist in the Administration Building. If the receptionist receives goods, he/she will notify the department to which the goods belong. The person receiving the goods should make every effort to inspect the goods prior to signing the delivery ticket. If visible damage to a container being delivered is detected, it should be noted on the delivery ticket. Although damage to the contents of the package may not be seen, making this notation on the delivery ticket could make filing a claim easier if in fact the contents are damaged. Sometimes, damage to goods is concealed in packaging and the receiving party has no way of knowing of the damage. SECTION 13.0: DISPOSAL OF SURPLUS PROPERTY Annually, all departments shall review their assets and determine which items are no longer needed. A list of surplus, obsolete or unused supplies, materials or equipment, including description, make, model, and serial numbers should be forwarded to the Town Manager. Upon review and approval by Town Manager or her designee the items on the department’s lists may be transferred to other departments or sold through public auction. A copy of the items sold including amounts, names, and addresses will be provided to the Finance Department so that it can be removed from asset lists and insurance. In the event that the surplus property was purchased with a Criminal of Justice Department grant, the Criminal Justice Department must be notified prior to disposal if the value could be anticipated to be greater than $1,000. TOWN OF TROPHY CLUB PROCUREMENT POLICIES AND PROCEDURES TABLE OF CONTENTS POLICIES 1 PURPOSE 1 POLICY 1 FREE AND OPEN COMPETITION 2 COMPLIANCE 2 CODE OF ETHICS 2 CONFLICT OF INTEREST 3 CONTRACTS 3 DECLARATION OF CONFLICT OF INTEREST 3 VIOLATIONS AND REMEDIES 4 SUBSTANTIAL INTEREST 4 LEGAL CONSIDERATIONS 4 PROCUREMENTS EXEMPT FROM STATE LAW COMPETITIVE BID REQUIREMENTS .............................................. 4 CONFLICT OF INTEREST 6 PUBLIC ACCESS TO PROCUREMENT INFORMATION 6 CONFIDENTIALITY OF BIDDERS QUOTATIONS 6 METHODS OF PROCUREMENT 6 GENERAL 6 PETTY CASH PURCHASES – COST UP TO $100 7 CREDIT CARD PURCHASES – PERSONAL TRAVEL EXPENSES.............................................................................. 7 PROCUREMENT CARD PURCHASES 8 PURCHASES OVER $3,000 BUT LESS THAN $25,000 9 COMPETITIVE SEALED BIDS – COST OVER $25,000 9 PROFESSIONAL CONSULTING SERVICES CONTRACTS – RFQ/RFP ....................................................................... 10 ANNUAL CONTRACTS 11 SOLE SOURCE PURCHASES 11 STATE CONTRACTING PURCHASING 11 ALTERNATIVE PROJECT DELIVERY METHODS FOR CERTAIN PROJECTS ............................................................. 11 THE REQUISITION PROCESS 12 PROCEDURE FOR NON-EMERGENCY PURCHASES 12 PROCEDURE FOR EMERGENCY PURCHASES 13 PURCHASING PROCESSES 13 POLICY 13 REQUESTS FOR BIDS (RFB) OR REQUESTS FOR PROPOSALS (RFP).................................................................... 14 BID PACKET 14 COMPETITIVE PROPOSALS 16 CANCELLATION OF A RFB/RFB 16 MODIFICATION OF A RFB/RFP 16 RECEIVING THE BID OR PROPOSAL – PROCEDURAL REQUIREMENTS ................................................................. 16 DISQUALIFIED BIDS 17 CORRECTION OR WITHDRAWAL OF A BID 18 EVALUATING COMPETITIVE BIDS 18 GENERAL 18 TABULATING THE RESULTS 18 BASIS FOR PURCHASE DECISION 18 AWARDING THE BID 19 POLICY 19 DISQUALIFICATION OF A BIDDER 19 PROTESTING A BID 19 PROCUREMENT SPECIFICATIONS 20 MODIFICATION AND TERMINATION OF CONTRACTS................................................................... 20 POLICY 20 REQUIREMENT TO RE-BID 21 DELIVERY OF GOODS 21 DISPOSAL OF SURPLUS PROPERTY 21 SECTION 1.0: POLICIES 1.011.04 Purpose The purpose of the Town’s Procurement Policy is to provide the parameters for the expenditure of funds in the procurement of goods and services for the Town of Trophy Club. The policies and procedures outlined herein are intended to comply with the Town of Trophy Club’s Mission and legally mandated federal and state statutes. 1.021.05 Policy Regardless of the value of the expenditure it is the policy of the Town of Trophy Club to promote competition that produces the highest quality goods and services at the lowest possible price whether or not the item is subject to bid. The Town Manager in coordination with the Town Council is charged with establishing the policies for the procurement of all goods and services. The Finance Department: • Develops purchasing objectives, programs, and procedures for the acquisition of materials, equipment, supplies, and services; • Helps department managers provide open and fair competition to vendors; and • Helps departments prepare and obtain approval of purchase orders, price agreements, and contracts; The City Secretary’s Office/Department Managers or designee: • Receives, and monitors formal bids for purchases. The Department Managers: • Develops and maintains technical and non-technical commodity specifications; • Ensures funding is available for procurement in department budgets. • Provides open and fair competition to vendors; • Prepares requisitions; • Obtains approval of purchase orders, price agreements, and contracts; • Prepares requests for proposals (RFPs) , requests for qualifications (RFQs) and requests for bids (RFBs); and • Monitors and evaluates the performance of vendors including but not limited to, compliance with contract specifications. 1.031.06 Free and Open Competition All procurement transactions, regardless of dollar value, whether advertised or negotiated, shall be conducted in a manner so as to provide maximum free and open competition. The Town Manager or Town Council should be alert to organizational conflicts of interest or noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors who develop or draft specifications and other requirements for solicitation instruments (Requests for Bids or Proposals) should be excluded from competing for such procurement. 1.04 Compliance In order to have an efficient purchasing function, all departments must work in close cooperation with the Finance Department. Departments can ensure compliance with the Town’s policies and procedures by: • Informing departmental personnel of the purchasing requirements and ensuring adherence; • Planning purchases in advance in order to allow sufficient time to advertise, when necessary, obtain proposals, quotations, or bids, determine best source, and issue purchase orders with reasonable lead-time for delivery and thus prevent emergencies; • Providing accurate and concise specifications for items requested and timely preparing requisitions; • Inspecting or supervising the inspection of commodities, services and equipment delivered; and determining acceptability of their quality, quantity, and conformity with specifications; and • Providing complete written documentation of a vendor's performance to be used in future bid award evaluations. SECTION 2.0: CODE OF ETHICS Officers and employees of The Town of Trophy Club are public servants, who will carry out their activities in a fair and legal manner avoiding actual or perceived conflicts of interest. All officers and staff members are expected to conduct the activities of the Town in full compliance with the law and in an honest, fair, and courteous manner. Officers and staff members must neither ask nor expect contractors, vendors or others with whom the Town does business to favor the Town, the officer or the individual staff member with special treatment. Officers and staff members should not permit personal preferences and dislikes to affect decisions related to their duties. To do so acts against the Town’s policy which is to treat all individuals, members, potential members, contractors, and others fairly and equitably. Conversely, officers and staff members are expected to use their best professional judgment and expertise when evaluating potential vendors and contracts for purchasing goods and services. This section does not preclude officers and staff from basing considering past purchasing experience with a specific vendor when making a future purchasing decision or recommendation to Town Council.current purchasing decisions on past experience with specific vendors. Third party references and vendor experience may be considered by the Town when evaluating and awarding contracts for purchases. SECTION 3.0: CONFLICT OF INTEREST 3.01 Contracts Specifically, with reference to contracts, no employee or officer of the Town who exercises any functions or responsibilities in the review or approval of an undertaking or the carrying out of one of Town’s contracts shall participate in any decision relating to that contract if the decision affects his or her personal financial interest, such officer or employee has a substantial interest as defined by state law, or participation by such officer or employee is otherwise prohibited by state law or Town policy. If a former staff member or Town officer has worked less than one year for a business seeking to contract with the Town, the business entity must make this known and must describe the relationship between the former employee/officer and the firm. In no instance may this former employee/officer have hours billed on any project or program. To do so is reason for not awarding a contract. 3.02 Declaration of Conflict of Interest In the event of a conflict of interest as defined by state law, the affected officer or employee must file a signed affidavit declaring his or her conflict of interest. The affidavit must be filed with the Town Secretary. Such official, officer or employee must abstain from discussion of or voting on a bid, proposal or contract submitted by a business entity in which he/she has a substantial interest. More specifically, in addition to the requirement to complete an affidavit, when an item is placed before a Board, Commission, Committee, or Town Council for review, any and all members of those bodies who has a conflict of interest shall announce that he/she has such conflict and shall leave the room until the body has discussed and taken action on the item for which the member has a conflict. Moreover, it is the policy of the Town that an employee who has a substantial interest in a business entity as defined by state law, shall follow the procedure outlined in this section by completing an affidavit and leaving the room where a discussion and/or vote is taking place regarding the business entity in which the employee has an interest. Further it is the obligation of officials, officers and employees to avoid apparent conflicts of interest by abstaining and following the procedures specified in this section. Officials, officers and employees shall abstain from participating in the procurement process, which includes but is not limited to discussions, lobbying, rating, scoring, recommending, providing current copies of contracts outside of Public Information Act process, explaining or assisting in the design or approval of the procurement process on contract with the organization he or she represents or from which he or she receives a direct financial benefit; or on contracts with organizations in which a family member will realize a direct benefit. 3.03 Violations and Remedies Violations of the provisions of this Article constitute misconduct, subjecting the violator to any and all penalties prescribed by law. Penalties, sanctions or other disciplinary actions, to the extent permitted by state or local law, rules or regulations, shall be imposed for violations of the code of conduct/conflict of interest standards, by the Town’s officers, employees or agents or by persons, contractors or their agents, when the procurement involves state or federal programs and/or funds. Appropriate sanctions, penalties or disciplinary actions shall be applied for violation(s) of these policies and/or state law. Violations of state or federal law shall be referred to the proper authority having jurisdiction over it. 3.04.13.04.2 Substantial Interest. A person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceed 10 percent of the person’s gross income for the previous year. Additionally, a local public official is considered to have a substantial interest if a person related to the official in the first degree by blood or marriage, as defined by Chapter 573 of the Texas Government Code, has a substantial interest as defined herein. SECTION 4.0: LEGAL CONSIDERATIONS 4.01 Procurements Exempt from State Law Competitive Bid Requirements Purchases made by the Town shall be in accordance with State law. Except as specifically exempted by state law or by the terms of this Procurement Polices and Procedures Manual, including but not limited to Sections Four, Five and Seven, Wwritten, competitive bids must be taken for all procurements over $25,000. except exempted procurements as mandated by State law. Procurements exempt from the competitive bid requirement are as follows: Exempt procurements include: • Those made in case of public calamity, where it is necessary to act immediately to appropriate money to relieve the necessity of the Town’s residents or to protect or to preserve Town property and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement. Public calamity shall mean a grave event or occurrence that causes great loss or distress for the residents of the Town, including but not limited to natural disasters, acts of war, acts of terrorism, and other events as authorized by law or as determined by the Town Council to constitute a public calamity after consideration of the existing facts and circumstances;; Those made necessary by unforeseen damage to Town property, machinery or equipment for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement. Such resolution shall explain the nature of the damage, the cause of the damage, and the urgent need that supports the use of an exception to competitive bid. Unforeseen damage shall mean unexpected damage caused by some natural force or act of vandalism or other criminal or negligent act or omission; ; • A procurement necessary to preserve or to protect the public health or safety of the Town’s residents for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Those for personal, professional, or planning services as budgeted are exempt from competitive bid; however, the procurement of those types of services shall be done in accordance with state law requirements and the RFQ/RFP process as specified in the Town’s Procurement Policies and Procedures manual, including but not limited to Section 5.07 of that manual; • Those for work performed and paid for by the day as work progresses as budgeted by the Town Council; • A purchase of land or right-of-way for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Items that area available from only one source and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • A purchase of rare books, appears, and other library materials for a public library and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Paving, drainage, street widening, and other public improvements, or related matters, if at leaste one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; • A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • A payment under a contract by which a developer participates in the construction of a public improvement as provided by Chapter 212 of the Texas Local Government Code and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Personal property sold: o At an auction by a state licensed auctioneer provided that such purchase has been approved as a part of the budget or that the Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; o At a going out of business sale held in compliance with Chapter 17, Texas Business and Commerce Code provided that such purchase has been approved as a part of the budget or that the Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; o By a political subdivision of the state of Texas, a state agency of the State of Texas, or an entity of the federal government pursuant to an interlocal agreement approved by Town Council; or o Under an inter-local contract for cooperative purchasing administered by a regional planning commission established under Chapter 391 of the Texas Local Government Code provided that such purchase has been approved as a part of the budget and that Town Council has approved the interlocal contract for cooperative purchasing; • Services performed by blind or severely disabled persons; • Goods purchased by a municipality for subsequent retail by the municipality and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; or • Electricity • Purchases made pursuant to an approved cooperative purchasing program or those from an approved state program provided that Town Council has approved participation in the cooperative purchasing or approved state program. Contracts are shall be awarded in a manner consistent with the provisions of Town policy statements and state law. 4.02 Conflict of Interest An employee of the Town may not solicit bid quotations from relatives of the employee or relatives of another Town employee on products to be purchased by The Town. 4.03 Public Access to Procurement Information Procurement information shall be a public record to the extent provided by the Texas Open Records Act and the Freedom of Information Act and shall be available to the public as provided therein. If a proposal contains information that the bidder considers proprietary and does not want disclosed to the public or used for any purpose other than the evaluation of the offer, all such information must be clearly marked as proprietary and confidential by making such notation on each page or portion thereof containing propriety and confidential information. The Town reserves the right to duplicate, use or disclose the information as needed to prepare contract documents and working documents for the project and is not liable for accidental disclosure of such information. 4.04 Confidentiality of Bidders Quotations A vendor’s bid/proposal is confidential until opened. Therefore, no bid or proposal shall be opened before the date and time of the published opening of such bid/proposal. Opening bids/proposals prior to the publication date and time is a violation of state law and Town policy. SECTION 5.0: METHODS OF PROCUREMENT 5.01 General The Town has four methods for procuring goods and services each of which is determined by the total estimated cost of the purchase. However, regardless of the cost of the purchase, the objective is to secure the highest quality goods and services at the lowest possible price. No purchase may be split to circumvent the dollar amount requirements. With the exception of Petty Cash and procurement card purchases, the procurement process begins with the preparation and approval of a Purchase Order (see Section 6.0). All purchases except those made through Petty Cash, Procurement Card, or those listed under the exemptions in Section 6.1 must be made through an approved Purchase Order or Contract. Purchase Orders will not be issued “after-the-fact”. 5.02 Petty Cash Purchases - Cost up to $100 All Town departments and employees have access to the use of petty cash funds for individual item purchases with dollar values not in excess of $100. The petty cash fund is to be used for small purchases that the employee can pick up at a local facility if a purchasing card is not accepted or if the employee has not been given a purchase card. Town employees are not to misuse petty cash funds by splitting a purchase into more than one transaction in order not to exceed the $100 limit. A petty cash slip must be completed and signed by the requesting employee and authorized by the employee’s manager. Receipts for each transaction must accompany the petty cash slip. Neither a purchase requisition nor competitive bids are required when using petty cash. 5.03 Credit Card Purchases – Personal Travel Expenses • Personal travel expenses (expenses made in support or for the benefit of anyone other than the employee/official) may not be charged to a procurement card issued by the Trophy Club Entities. All travel and related expenses incurred must be documented and submitted to the Town along with a completed Travel Expense Form that includes all receipts and supporting documents. A copy of the Travel Expense Form is attached as Exhibit “A” to this Procurement Policies and Procedures Manual. • If the training or seminar was not approved through the budget process, written permission must be obtained from the Department Manager or Town Manager prior to travel. There must be money in the budget to cover the travel unless the Town Manager or designee makes the exception. • Transportation – Attach a copy of the airline ticket showing flight times to the appropriate purchasing card transaction sheet received from the Procurement Card Administrator. If the mileage to drive your personal car is more than the cost of the airline ticket plus ground transportation (i.e. taxi or shuttle service) plus airport parking costs, the employee reimburses the difference. Attach a copy of taxi or shuttle service receipts if applicable to the purchasing card transaction sheet if they take a purchasing card. If you drive your personal car and claim mileage, you cannot charge your gasoline on your purchasing card. If you drive a Town of Trophy Club vehicle or if you receive a car allowance, you can charge your gasoline for out-of-town trips. • Lodging – A copy of the invoice showing all expenses should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. In-room movies or pay television, phone calls, golf, sporting events, dry cleaning or laundry, and valet parking are not reimbursable expenses. For Texas destinations, you need to present a copy of the Texas Sales and Use Tax Exemption Certification. State taxes should not be paid but city taxes may or may not be exempt depending on local resolutions. • Meals – receipts should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. You actually need two receipts. One would include the breakdown of items bought. The other would be the receipt that shows the actual amount charged that includes a reasonable tip of not more than 15%. No alcoholic beverages may be charged. The total for the day depends on the time you leave and the time you come back. Generally, you must be traveling by 7:00 a.m. to receive breakfast and stay after 7:00 p.m. to receive the evening meal. The most per day is $30 if you are traveling or at a conference the full day. If there is a partial day of travel, you will need to keep the daily total to $10 per meal. If your conference includes a meal, you should consider the meal to be $10 of your daily amount. • Registration – if you do an on-line registration, be sure to screen print details that show how much the conference costs, dates of the conference, and name of the conference. If you fax the registration information, keep a copy of the same details. Attach the copy to the purchasing card transaction sheet. • Any unauthorized expenses are the responsibility of the cardholder and must be reimbursed to the Town of Trophy Club. • The Town Manager or her designee must approve any exceptions to the above. • The Town Manager may modify the above procedures and polices as determined necessary. 5.04 Procurement Card Purchases The intent of the procurement card is to provide a controlled, but less labor-intensive alternative to the existing procedures for purchasing and paying for items up to the pre- determined credit limits. The Department Managers shall determine employees within each Department who are to be issued a procurement card and the transaction value limit to be assigned to each individual’s card. The Finance Director shall approve all limits. Cards are issued in the name of the designated Town employee and the Trophy Club Entities. Town of Trophy Club. The card remains the property of the Trophy Club EntitiesTown of Trophy Club. Each potential cardholder will shall attend a training session and sign a procurement card policy that documents the cardholder’s responsibilities prior to being issued a card. The Procurement Card is to be used to make purchases for operations included in the Town’s approved budget. Violations of these requirements may result in revocation of use privileges and/or disciplinary action, up to and including termination of employment. Employees who have inappropriately used the Procurement Card will be required to reimburse the Town for all costs associated with the improper use. Department Managers shall report any violations of this policy or abuse of a procurement card to the Finance Director. Department Managers who fail to properly report such violation or abuse shall be subject to disciplinary action, up to and including termination of employment. Each employee who has been issued a card will shall ensure that a receipt that indicates the place, date and nature of the purchase is obtained each time the card is used. The receipts will be attached to the purchasing procurement card transaction sheet, which will be signed, dated, and turned in to each applicable Department Manager who will review each purchase for appropriateness. The Department Manager will shall sign the purchasing card transaction sheet as an indication that all transactions have been reviewed and approved and forward to the Procurement Card Administrator within the specified time limit of no more than three days. . The Procurement Card Administrator will reconcile the individual Department packets with the monthly statement received from the issuing Bank. Should any charges not be supported by receipts, the Procurement Card Administrator will notify the applicable Department Manager who shall obtain a receipt or other proper documentation evidencing the nature and amount of the purchase. In the event that a receipt is lost or an employee fails to obtain a receipt, a lost receipt form shall be completed and attached to the procurement card transaction sheet. Such form shall contain an explanation of the reason that the receipt was not obtained or was lost and any and all steps taken to obtain a duplicate copy of the receipt. The lost receipt form shall be signed by the Manager or Director of the Employee’s Department. An employees procurement card privileges may be revoked for failure to provide a receipt or otherwise comply with the Town Purchasing Policies and Procedures Manual. Use of a procurement card for a purchase in excess of $2,500 shall require the review and approval of both the Finance Director and Town Manager. In the event that either are absent, the Mayor or Mayor Pro Tem must review and approve the transaction in writing. If a purchase order is issued, attach the original purchase order with the appropriate signatures to the purchasing procurement card transaction sheet so that Finance can close the purchase order for financial reporting. The Procurement Card Administrator is responsible for compliance with the issuing bank’s Procurement Card guidelines and notifying the Finance Director of any problems. Additionally, each Department Manager shall be responsible for taking appropriate remedial action to correct noncompliance with the Town’s policies and procedures governing procurement cards by his or her respective employees. 5.055.06 Purchases over $3,000 but less than $25,000. If the cost of the item(s) exceed $3,000 but is less than $25,000, departments are required to secure at least three (3) documented quotes on the item(s). In keeping with State Law, at least two (2) of the quotes must be from Historically Underutilized Business (HUBs) located in Denton County. If a purchase falls within the foregoing cost parameters and if a firm classified as a HUB handles that type of product, such HUB must be contacted on a rotating basis, but a department must attempt to contact at least two HUB's on each order. Once all bids have been received and evaluated, the Department Manager or his or her designee will place the purchase to the lowest responsible bidder. In the event that a Department Manager or his or her designee desires to award a bid to a bidder other than the low bidder, such employee provide a detailed explanation in writing specifying why the lowest bidder was not accepted. Such written explanation shall be attached to the bid sheet. 5.06 Competitive Sealed Bids - Cost over $25,000 The Town Council must approve all non-budgeted or unanticipated purchases with values in excess of $25,000 prior to the purchase. Once a resolution has been passed or approval has been granted, the purchase must be made through the use of competitive sealed bids (see Section 7.0) or some other purchasing method as authorized by this policy. Invitations for sealed bids shall include specific instructions to the vendors concerning bid submission requirements including the time, date and place for receipt of bids by the Town. Competitive sealed bids are to be advertised in local newspapers of general circulation under the legal notices section. The bid must be advertised at least 14 days prior to the date of the bid opening. The advertisement is to give adequate instruction as to the nature of the bid, date and time of bid opening, and bidders conference, if applicable. Exceptions to Competitive Sealed Bidding Competitive sealed bidding is not necessary if one of the exceptions in Section 4.0 of these policies is applicable. 5.07 Professional Consulting Services Contracts –RFQ/RFP Process. a. RFQ/RFP Process. Professional consulting services means those within the scope of the practices of accounting, architecture, land surveying, professional engineering, and other areas as defined by the laws of the State of Texas. Such services to the Town are to be provided pursuant to a third party independent contractor agreement for a specified time period. Competitive bidding shall not be used to select the professionals/consultants contracted by the Town. Compensation will be negotiated before the contract is signed and after the consultant has been selected on the basis of his or her demonstrated competence and qualifications to perform the services for a fair and reasonable price. When professional consulting services are needed, the Department requesting the services will prepare a Request for Qualifications setting forth a description of the scope of services needed, the minimum desired qualifications, credentials and experience, and the relative importance of each, and will forward that information to the Town Manager. The RFQ shall be advertised and may also be sent out to qualified vendors whom Town staff recommends. The Town Manager will assemble a team (Selection Team) of appropriate staff that will evaluate the responses submitted by those firms whose qualifications meet the requirements set forth in the Request for Qualifications. Requests for Proposals shall be solicited and processed in accordance with the requirements set forth in Section 5.07(b) hereof. b. RFP Process. A Request for Proposal (RFP) will be sent to each consultant identified by the Selection Team in accordance with the RFQ process set forth in Section 5.07(a) above. However, if the two-step RFQ/RFP Process is not utilized and the single step RFP process is utilized, then the RFP must be advertised and must require that proposals contain information identifying qualifications, credentials, and experience of those vendors submitting a response. The RFP shall also list the services desired and a deadline for return of the RFP. The request shall require the responding professionals/consultants to provide a schedule for completion of the scope of services, where applicable. Copies of the proposal(s) shall be submitted to the Town Secretary who shall process the responses in accordance with Section 7.0 and who will forward to the members of the Selection Team. Interviews shall be scheduled with the highest ranked firms. The Selection Team will ask each finalist to make a presentation of experience and then may question the firms as to capability and methods of approach for furnishing the required services. Professional compensation is not considered in these discussions. The qualified firm(s) shall be ranked from most qualified to least qualified. The Selection Team shall begin negotiations with the most qualified to develop a contract. The Town contract shall include all relevant terms and conditions, including but not limited to, compensation, time required and full scope of work to be performed. If an agreement satisfactory to both the Town and a firm cannot be reached, negotiations will be terminated with that firm and the process started over with the second choice candidate and so on. As soon as an agreement is reached, the Selection Team shall make its recommendation to the Town Council. c. Frequency. The RFQ/RFP process for professional services may be utilized bi- annually. 5.08 Annual Contracts For goods or services that are used repetitively throughout the Town such as office supplies, paper goods, mailing services, or stationery, the Town may enter into an annual contract with a supplier. The purpose of entering into an annual contract is to eliminate the need to obtain competitive pricing each time repetitively used items are requested. The Town will obtain competitive sealed bids requiring that bid prices remain in effect for a specified period. The Town will enter into agreement, upon approval of the Town Council (if the contract price exceeds $25,000), with the approved bidder by signing a contract stating the terms and conditions. Once the contract period nears the end of the term, the Finance Department will re- advertise the bid request for the following year giving fair opportunity for vendors to respond. 5.09 Sole Source Purchases When a department identifies a potential sole source purchase, a detailed justification explaining why a sole source purchase is necessary must be provided to the Finance Director in advance for review and concurrence. Upon review and concurrence of the Finance Director, a Resolution outlining the basis for the sole source purchase shall be submitted for Town Council approval. Except as specifically provided otherwise in these policies, a sole source purchase may only be made pursuant to an approved Town Council Resolution. 5.10 State Contract Purchasing The Town has the option of purchasing items on contract through the Houston-Galveston Area Council Cooperative Purchasing program and the State of Texas central purchasing agency. Participation in these programs is strictly voluntary and the Town is not obligated to purchase through either. According to Section 271.081 - 271.083 of the Texas Local Government Code, The Town is not required to obtain competitive bids for items that are on state or local government contract. Because the State of Texas central purchasing agency purchases in large quantities through a state cooperative purchasing program, prices are generally lower than retail. One must keep in mind when purchasing items under state contract that there are no alterations or modifications to the specifications that are listed with the cooperative purchasing programs. 5.11 Alternative Project Delivery Methods for Certain Projects. Alternative project delivery methods, include but are not limited to, construction manager at risk, construction manager agent and design build contracts. Any of the alternative project delivery methods specified in Subchapter H of Chapter 271 of the Texas Local Government Code, as amended, may be utilized provided that the purchase and the procedures utilized in making that purchase comply with all requirements specified therein. SECTION 6.0: THE REQUISITION PROCESS 6.01 Procedure for Non-Emergency Purchases When the need arises for a single purchase of goods or /services with an estimated value in excess of $10,000, arises, the user Department shall originate an on-line purchase order. The purchase order must be prepared far enough in advance of the date that the goods or services are needed to allow all procurement procedures to properly function, including: • Securing appropriate approval of the purchase • Advertising for bids, if necessary • Obtaining bids or price quotations • Evaluating bids • Preparing the contract • Allowing delivery of goods or services in a timely manner Each Department is responsible for ensuring that duplicate purchases are not made. Once a purchase order is received, the Department Manager must: • Check the purchase order for completeness, including quantity and concise specifications; • If specified as a sole source, ensure the reason for the sole source is documented and appropriate; • Verify the budget authority. Check budget line item authority and budget balance for sufficient unencumbered amount to cover the purchase. Once the vendor selection process has been completed, the Department Manager will bring the requisition to Finance who will prepare the purchase order. The Department Manager will then secure the appropriate approval of the purchase order or contract. The Town is not liable for making payment to vendors for purchases that have not had prior approval of the Department Manager and have not been issued a purchase order number. The Department needs to attach the approved Purchase Order to the invoice received and forward to Finance for payment. 6.02 Procedure for Emergency Purchases The designation of emergency purchase indicates a situation of such urgency that normal purchasing procedures must be modified in the interest of time, and therefore no competitive bids are required. The Town is allowed to make emergency or exempted purchases without competitive bidding as defined in Texas statutes. An approved Town Council Resolution is required for all emergency purchases; provided however, that if due to exigent circumstances, the purchase must be made and time does not allow the posting and holding of a Council meeting, the Mayor, or the Mayor Pro Tem in the absence of the Mayor, may authorize the expenditure by providing written permission to make the purchase. In the event that the Mayor or Mayor Pro Tem provides such written permission, a ratifying Resolution shall be prepared and submitted to Council at the first available Council meeting after the purchase is made where the item may be properly posted as required by law. .A purchase is not considered to be an emergency if the expenditure becomes necessary due to poor planning. All emergency purchases are processed as follows: • The applicable Department Manager will be notified immediately with as much information as possible about the emergency purchase required. • The Department Manager contacts as many vendors as necessary to arrange the emergency purchase. The purchase is completed by telephone by issuing a verbal purchase order number to the vendor and requesting expedited delivery. The purchase order is either mailed or faxed to the vendor at a later date. • Staff making the request may be required to pick-up the emergency purchase from the vendor, if applicable, if expedited delivery from the vendor is not available. • Council approval or ratification must be obtained for all such emergency purchases exceeding $25,000.00. SECTION 7.0: PURCHASING PROCESSES 7.01 Policy Competitive written or telephone bids are to be sought for all purchases over $3,000 (see Section 5.05). All practical means to obtain the best price available should also be used when making emergency purchases. Competitive sealed bids are required for those bids exceeding $25,000 (see Section 5.06). The bid consists of the items offered by the vendor in response to the specifications, along with details governing the offer. The Town bidding procedures contain the following general requirements: • A short summary of the Request For Bid (RFB) or Request for Proposal (RFP) shall be published in local newspapers of general. The advertisement is to be published under the Legal Notices section of the newspaper. This should be coordinated through the City Secretary’s Office. • Bids are received until the date and hour set out in the specifications. The Town Secretary or her designee will mark bids with the date and time at which they are received. Once a bid is submitted, the bidder cannot alter or correct a bid. A vendor who wishes to withdraw a previously submitted bid and/or submit an alternate bid may only do so prior to the bid opening. Under no circumstances will bids be accepted after the specified date and time. • The bids are to be opened at the date and hour specified in the bid and notice documents, and submitted to the requesting department for review. Generally, the lowest and best responsible bid is accepted. Occasionally, a bid may be split between vendors to obtain optimum pricing. If no bid is found to be acceptable, the entire bidding process must be repeated. Sealed bids are opened publicly in the presence of at least three (3) Town employees. The Town Secretary or her designee will coordinate the opening of the bids. • Bids are to be kept confidential from competitors until after the bid has been opened. Once the bid is opened, the bid becomes open record in accordance with the Texas Open Records Act. • Sealed bids must be submitted to the Town of Trophy Club by mail or hand delivered to Town offices. Envelopes must be clearly marked that a sealed bid is enclosed. Faxed or late bids will not be considered for award. They should be addressed to the Town Secretary. • The Town of Trophy Club reserves the right to reject any and all bids submitted and to waive any and all irregularities. It is the consistent policy of the Town to use competitive principles in awarding all public contracts of any amount with only limited exceptions as allowed by law. This includes the purchase and lease of goods, the purchase of services, and construction projects. These competitive principles apply to all departments of the Town of Trophy Club. 7.02 Requests for Bids (RFB) or Requests for Proposals (RFP) RFBs and RFPs are used to notify vendors that the Town has specific requirements for goods and/or services and that vendors are being offered an opportunity to fulfill those requirements. The bid system is to be kept simple and practical, and the bids must be advertised as widely as possible in order for competition to work. Complicated bid invitations or requests for proposals discourage competition and drive up prices. 7.03 Bid Packet A bid packet contains documents needed by the vendor to respond to the requirements of the RFB/RFP. It may include several elements: Request for Bid (RFB) or Request for Proposal (RFP): This is the cover form for the bid/proposal package. It provides specific information that the bidder will need to respond. As applicable, it should include: • Quantity and brief description of goods or services to be provided • Request for unit cost, extended cost, and total cost of items bid • Estimated delivery time if vendor is awarded the bid • Closing date and time for receiving bids or proposals. • Place where bids or proposals are to be sent, including the address and office • Person to contact for additional information • Instructions to bidders (see example in Appendix F) • For RFPs only: Factors to be used in the evaluation process, the weights attached to each factor. Evaluation factors may include price, experience of vendor’s staff, ability to respond in a timely way, past recommendations, safety record in accordance with a duly adopted Town vendor safety record policy, and financial soundness, as well as any others considered necessary. Other evaluation factors will depend on the individual requirements attached with the procurement. Standard Terms and Conditions: All conditions of doing business with the Town will remain constant for all contracts and purchases, unless specifically deleted. They are usually presented as an attachment to the RFP. Special Provisions: Terms and conditions required for a particular contract or purchase. Specification: The description of the purchase requirements. In place of enclosing the actual specification, information about where the specification may be obtained may be substituted. Pricing: The offer and acceptance page. The vendor quotes prices in accordance with the specification requirements. Prices are usually provided by unit and include the total cost for the estimated amount required. A list of attendees and minutes of the bidders conference by the City Secretary or her staff must be kept as part of the procurement file. 7.047.05 Competitive Proposals Competitive proposals can only be used for procurements of high-technology products or services as allowed by law. The specification shall be written using performance standards rather than the description of the good or service. The specification must also specify the relative importance of price and other evaluation factors by identifying the weight to be given to each factor. • Vendors submit a proposal for a system to satisfy the requirements set forth in the proposal. Proposals may incorporate various types of hardware or services to accomplish the performance objectives set forth in the specifications. • After proposals are received, the Town may enter into discussions with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract based upon proposal specifications. Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted during the discussion process after submissions and before the award of the contract in order to obtain the best final offers. • The contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the Town considering the relative importance of price and the other evaluation factors included in the request for proposal. 7.05 Cancellation of a RFB/RFP RFBs and RFPs may be canceled by the Town at any time before the date set for opening bids. A cancellation notice should be mailed or faxed to all vendors receiving bid or proposal invitations. 7.06 Modification of a RFB/RFP RFBs and RFPs submitted to vendors may also be modified by the Town after being issued but before the final date for submission. When modifications are required, addenda shall be mailed and/or faxed to all vendors receiving bid or proposal packets. The modification notification should state whether the bid opening date is or is not extended. The bid opening date may be extended if notification of the amendment will not give vendors ample time to respond to the modified request. 7.07 Receiving the Bid or Proposal – Procedural Requirements Receiving competitive bids and proposals must be done properly in order to ensure that no possibility of favoritism or even the appearance of favoritism exists. Notice of the time and place at which the bids/proposals will be publicly opened must be published at least once a week for two consecutive weeks. The date of the first publication must be at least fifteen (15) days before the date of public opening. • Each bid or proposal must be returned to the Town Secretary’s Office as designated in the invitation. Each proposal is to be in a separate envelope, sealed and with the bid or proposal identification number marked on the outside of the envelope. If more than one bid is to be submitted, vendors are required to use separate envelopes for each bid. • The bid or proposal envelope must be clearly marked by the offeror with the date upon which it is submitted to the Town and the Town Secretary or her designee shall mark the date and time of receipt of by the Town. • The bid or proposal envelope should then be filed unopened together with the other bids or proposals for the same bid invitation until the time of the bid opening. • Bids or proposals must be received by and opened on the date, hour and location as specified in the invitation/request. Vendors are invited and encouraged to attend the bid opening. Bid openings are considered open meetings and anyone can attend. Three (3) Town representatives (i.e. employee, town official, or professional staff) must be present at all bid openings. • All bids and proposals must be sealed with the identification number clearly marked on the outside of the envelope. One bid or proposal may be submitted per envelope. Opened bids shall be kept on file and available for inspection. 7.08 Disqualified Bids The following are grounds for disqualifying a submitted bid: • Incomplete bids/proposals may be considered non-responsive. Such bids/proposals may be considered for award if the non-responsiveness is due to a non-material omission. (i.e. the omission does not affect price, quality, quantity, delivery or other material contractual conditions). • Unsigned bids/proposals, or bids/proposals with unauthorized signatures. • Bids or proposals received after the date and time for opening. Late bids/proposals are not considered for award of the purchase, will not be opened, and will be returned to the submitting bidder/proposer. • Bids/proposals where prices are conditional on award of another bid, or when prices are subject to unlimited escalation. If allowed by the specification, prices may be subject to escalation based on an independent wholesale index. 7.09 Correction or Withdrawal of a Bid Bids may not be altered or amended after the submission deadline. A non-material omission or error may be waived if: • The omission or error relates to a matter of form, not substance; and • Does not otherwise prejudice the other bidders/offerors. Any alteration or change made to a bid or offer prior to opening must be initialed by the authorized signatory of the bidder guaranteeing authenticity. Mathematical errors may not be corrected. In the event of a conflict between a unit price for an item(s) and the total price for such item(s), the Town reserves the right to resolve the conflict by accepting the lowest price. SECTION 8.0: EVALUATING COMPETITIVE BIDS 8.01 General The Finance Director or his designee will provide tabulations, calculation checks, price extension and information about compliance with specifications to the RFB/RFP. 8.02 Tabulating the Results When bids or proposals are opened, the results are tabulated by the Finance Director or his designee for easy reference. The following information is included in the bid analysis: • All calculations and sums are double checked for accuracy. • Unit prices are extended to a total price for the requested quantity. • The bid or proposal is verified to determine if all requirements listed meet specifications. All areas where the bid/proposals fail to meet conditions included in the specifications and whether any failures disqualify the bid/proposal are listed. Any modifications to the specifications submitted by the vendor are so noted. • All required samples to be included, if applicable, are verified by the Department. • Samples of the desired product, if required, are tested and results of the test noted by the Department. 8.03 Basis for Purchase Decision The evaluation and recommendation includes whether or not the vendor has submitted a responsive bid or proposal (one that meets all criteria of the RFB/RFP). Additionally, information on the vendor’s record of being a responsible bidder (one who has proven capable of performing a contract and/or appears financially and technically capable of adequately performing this contract) is included. If the bidder’s safety record is to be considered, the evaluation states if the bidder has an acceptable record, and if not, the identifiable factors that were not satisfactory as required by the written definition and criteria for accurately determining the safety record of a bidder and the Town has complied with all other requirements of §252.0435 of the Texas Local Government Code, as amended. SECTION 9.0: AWARDING THE BID 9.01 Policy The Town awards bids to the vendor who meets the requirements set forth in the bid documents who offers the lowest cost or the vendor who provides goods or services at the best value for the Town pursuant to the criteria set forth in Section 252.043 of the Texas Local Government Code, as amended. If staff recommends award of a bid to a vendor who is not the lowest responsible bidder, justification for the vendor selection must be documented. In the event that no bid is deemed satisfactory, the Town may declare that all bids are unacceptable. 9.02 Disqualification of a Bidder If a bidder has provided unsatisfactory service or products to the Town in the past, those experiences are to be thoroughly documented in order to support any later disqualifications. A vendor who fails to provide satisfactory products, goods or services or who has breached, terminated or been terminated from a contract with the Town in the past will be removed from the Approved Vendors List for future bidding opportunities and may be disqualified from bidding on future projects. SECTION 10.0: PROTESTING A BID Upon selection of an offeror or bidder, all competitors must be notified in writing of the procurement results and advised of their right to appeal the decision by the Department. A protest must be submitted to Town’s Finance Director within seven (7) calendar days of the date upon which the Town’s written notice of procurement results is made. All such protests will be reviewed by the Town Manager who will issue a written decision regarding the protest. An appeal from the decision of the Town Manager may be made to Town Council and shall be placed on the Council agenda on the first available date for which notice and publication requirements may be met after a written notice of appeal is received by the Town Secretary. SECTION 11.0: PROCUREMENT SPECIFICATIONS A specification is a concise description of goods or services the Town seeks to buy, and the requirements the vendor must meet in order to be considered for the award. A specification may include requirements for testing, inspection or preparing an item for delivery, or preparing or installing it for use. The specification is the total description of the purchase. A good specification has four characteristics: • It sets the minimum acceptability of the good or service. The term minimum acceptability is key, since the vendor must know the minimum standard to determine what to provide. Setting too high a standard means tax dollars will be wasted, while setting too low a standard means the good or service will not meet the expectations of the user. • It should promote competitive bidding. The maximum number of responsible vendors should be able to bid to the specifications. Restrictive specifications decrease competition. • It should contain provisions for reasonable tests and inspections for acceptability of the good or service. The methods and timing of testing and inspecting must be indicated in the specification. Tests should refer to nationally recognized practices and standards, whenever possible. • It should provide for an equitable award to the lowest responsible bidder. The buyer obtains goods or services that will perform to expectations, and the vendor is able to provide the goods or services at an equitable price. SECTION 12.0: MODIFICATION AND TERMINATION OF CONTRACTS 12.01 Policy All modifications or changes to a contract must be in writing. The Finance Director or his or her designee may approve a modification or change order that may increases or decreases a contract by $15,000 or less. The Town Manager or her designee Council must approve modifications or change orders exceeding $15,000. The original contract price is not to be increased by more than 25%. Additionally, funding must be available to cover the cost of the price increase. The original contract price may not be decreased by more than 25% without the consent of the contractor. A contract awarded by the Town Council may only be terminated upon the approval of such termination by Town Council. 12.02 Requirement to Re-bid • In the event that a change order exceeds 25% of the contract price, a new bid must be solicited using the same bidding procedures as noted in Section 6.0. A new bid solicitation is to be issued if the procurement of supplies, equipment or services is materially different from that specified in the previous bid process regardless of the percentage in increase in the contract price. SECTION 1213.0: DELIVERY OF GOODS Once goods are delivered to the Town’s offices, receipt of delivery is noted by signature of the receiving department or the receptionist in the Administration Building. If the receptionist receives goods, he/she will notify the department to which the goods belong. The person receiving the goods should make every effort to inspect the goods prior to signing the delivery ticket. If visible damage to a container being delivered is detected, it should be noted on the delivery ticket. Although damage to the contents of the package may not be seen, making this notation on the delivery ticket could make filing a claim easier if in fact the contents are damaged. Sometimes, damage to goods is concealed in packaging and the receiving party has no way of knowing of the damage. SECTION 1314.0: DISPOSAL OF SURPLUS PROPERTY Annually, all departments shall review their assets and determine which items are no longer needed. A list of surplus, obsolete or unused supplies, materials or equipment, including description, make, model, and serial numbers should be forwarded to the Town Manager. Upon review and approval by Town Manager or her designee the items on the department’s lists may be transferred to other departments or sold through public auction. A copy of the items sold including amounts, names, and addresses will be provided to the Finance Department so that it can be removed from asset lists and insurance. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.B.3 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Update Community Development: · Update Finance: · Update Information System: · Software and Systems Update Parks and Recreation · Facilities and Programs Planning & Zoning · Zoning Submissions Police and Fire Services · Police Services Bureau · Fire Services Bureau Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.B.4 Discuss and take appropriate action regarding a Proclamation declaring May 4th, 2006 as Day of Prayer in Trophy Club to coincide with the National Day of Prayer. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lr) Attachments: 1. Proclamation TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2006-_____ MAY 4, 2006 AS DAY OF PRAYER IN TROPHY CLUB WHEREAS, In 1775, the Continental Congress first designated a National Day of Prayer, an action reaffirmed in 1952 when the United States Congress designated the first Thursday in May for its annual observance; and WHEREAS, The history of our nation is indelibly marked with the role that prayer has played in the lives of individuals and the nation; and WHEREAS, Prayer allows us an opportunity to reflect and to seek guidance, strength, comfort and inspiration from Almighty God; and WHEREAS, In these trying times, when the world is so unsettled and when so many brave military men and women from the State of Texas and the United States are far from home, making great sacrifices for those abroad and those here at home, prayer becomes all the more meaningful and important; and WHEREAS, the 2006 theme for the 55th National Day of Prayer is “America, Honor God” reflecting the words in 1 Samuel 2:30: “Those who honor Me, I will honor”; and WHEREAS, it is fitting and proper for our citizens to gather together on this day to acknowledge our many blessings, express gratitude and recognize the continuing need for strong positive values to guide our communities, state and nation; NOW, THEREFORE, BE IT PROCLAIMED, THAT I Nick Sanders, in conjunction with the Town Council of the Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy Club, hereby proclaim Thursday, May 4, 2006, as a DAY OF PRAYER in Trophy Club to coincide with the NATIONAL DAY OF PRAYER and that this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 17th day of April, 2006. __________________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Town Secretary Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.C.1 Public Hearing: Consider: A request for Replat of lots 1353-R and 1354 of Section Eleven, more particularly described as 31 Meadowbrook Lane and 33 Meadowbrook Lane. Applicant: Anton Merieter (RP-06-004) STAFF COMMENTS: The property of owner of lot 1354 (33 Meadowbrook Lane) is seeking a Replat in order to gain an additional 60’x83’ area directly off their rear yard. This small portion of land currently is part of lot 1353 – R (31 Meadowbrook Lane). Twenty-three property owners within 200 feet of the subject properties were notified. As of the end of business, Tuesday, April 11, 2006, one property owner contacted staff to inquire about the notice of Replat. All review comments have been addressed and the Replat appears to meet the Town’s requirements. Staff recommends approval. Property Owner Notification Numbers indicated on detail indicate address. Joseph J Pelligrini 23 Meadowbrook Lane Trophy Club, Texas 76262 Dellanne W Bowles 25 Meadowbrook Lane Trophy Club, Texas 76262 Kerry P & Carlene J Altom 27 Meadowbrook Lane Trophy Club, Texas 76262 Linda G Kilgore 29 Meadowbrook Lane Trophy Club, Texas 76262 Richard & Bernadette Senelly 35 Meadowbrook Lane Trophy Club, Texas 76262 Terry L & Patsy A Carter 39 Meadowbrook Lane Trophy Club, Texas 76262 Gary C Dick PO Box 952 Roanoke, Texas 76262 Huey A Thomas 26 Meadowbrook Lane Trophy Club, Texas 76262 Wayne B Petersen 28 Meadowbrook Lane Trophy Club, Texas 76262 Clifton E Miller 30 Meadowbrook Lane Trophy Club, Texas 76262 Michael G Lawrence 32 Meadowbrook Lane Trophy Club, Texas 76262 David & Joan Scott 35 Timberline Drive Trophy Club, Texas 76262 Russell Heller 33 Timberline Drive Trophy Club, Texas 76262 Paul R Holmes 31 Timberline Drive Trophy Club, Texas 76262 Charles M Hebert 29 Timberline Drive Trophy Club, Texas 76262 Jimmy S & Mary Beth Allen 27 Timberline Drive Trophy Club, Texas 76262 Ernest L Vest, Jr. 25 Timberline Drive Roanoke, Texas 76262 Clayton R Reed 23 Timberline Drive Trophy Club, Texas 76262 Charles N Harris 22 Timberline Drive Trophy Club, Texas 76262 Russell J Hawkins 20 Timberline Drive Trophy Club, Texas 76262 Roger & Vicki Reach 18 Timberline Drive Trophy Club, Texas 76262 Ricky D Knight 37 Meadowbrook Lane Trophy Club, Texas 76262 ClubCorp Golf of Texas 3030 LBJ Freeway, Suite 1140 Dallas, Texas 75234 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.C.2 Public Hearing: Consider: A zone change request for an approximate 1.767 acre tract of land located generally to the north of the Municipal Utility District Wastewater Treatment Plan Facility and south of the Town's northeastern city limit, and being part of the Mary Medlin Survey, A-832, from its current zoning of R-12 - Single Family Residential to CR - Commercial Recreation. Applicant: Beck Properties. (ZCA.06.009) Purpose: To conduct a public hearing relative to a request for zone change of an approximate 1.767 acre tract of land located generally to the north of the Municipal Utility District Wastewater Treatment Plant Facility and south of the Town's northeastern city limit, and being part of the Mary Medlin Survey, A-832, from its current zoning of R-12 - Single Family Residential to CR Commercial Recreation. Existing Condition of the Property: The property is currently zoned R-12 Single Family Residential and abuts the Treatment Plan on the plant’s northern boundary. Staff Findings: This is the second Country Club maintenance facility relocation site, as mentioned by Scott Beck at the Commission’s 2 March 2006 public hearing. The current site is currently located within the Waters Edge zoning district. In anticipation of future build-out, the facility is being relocated just north of the Wastewater Treatment Plant. (kcf) TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006 – __ P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 1.767 ACRE TRACT OF LAND, LOCATED GENERALLY TO THE NORTH OF THE MUNICPAL UTILITY DISTRICT WASTEWATER TREATMENT PLANT FACILITY AND SOUTH OF THE TOWN’S NORTHEASTERN CITY LIMIT, AND BEING PART OF THE MARY MEDLIN SURVEY, A-832 WITHIN THE TOWN AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A” ENTITLED “FIELD NOTES” AND EXHIBIT “B” ENTITLED “EAST MAINTENANCE FACILITY” A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS ZONING DESIGNATION OF R-12 SINGLE FAMILY RESIDENTIAL TO CR – COMMERCIAL RECREATION; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE CR ZONING FOR SUCH 1.767 ACRE TRACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; WHEREAS, the owner of the tract of land (the “Land”), described as a 1. 767 acre tract of land currently zoned R-12 Single Family Residential, said tract being more specifically described in Exhibit “A” attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land into “CR”, Commercial Recreation and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the “Comprehensive Zoning Ordinance”); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, being a 1.767 acre tract of land described in Exhibit “A” attached hereto and incorporated herein, heretofore zoned R-12 Single Family Residential, is hereby changed to “CR” Commercial Recreation, in accordance with the requirements of all applicable parts of the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. SECTION 4. ZONING MAP The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 5. SEVERABILITY 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 this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 10. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 12. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 17th day of April, 2006. Mayor Town of Trophy Club, Texas Effective Date: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding C.1. Refer to Agenda Item C.1 (kcf) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding C.2. Refer to Agenda Item C.2 (kcf) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.3 Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right-of Way Access Line Rates. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (rau) Attachments: 1. Letter from the Public Utility Commission of Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.4 Receive an update from the NISD Joint Use Task Force and discuss same. EXPLANATION: bg Attachments: 1. Information Memorandum To: Town Council From: Beth Ann Gregory CC: Roger Unger; Adam Adams Date: 4/13/2006 Re: NISD Joint Use Task Force Over the past few months, the NISD Joint Use Task Force have met numerous times and outlined a number of potential areas of shared or joint use in conjunction with the future high school. Two of these meetings included NISD Assistant Superintendent Dennis McCreary during one of which the Task Force toured the existing high school facilities. Following is a list of the major areas on which we anticipate developing joint use agreements. Northwest Resources Joint Use Fields ¾ Soccer ¾ Football ¾ Baseball ¾ Softball Library School Based Recreation Center ¾ Indoor Sports – Youth & Adult ¾ Educational Programming Performing Arts\Amphitheater Architectural Features for Outdoor Staging Field Irrigation Partnering to develop irrigation facilities utilizing effluent and/or well water for the athletic fields at the school sites as well as Independence Park and any future Town park facilities located in this vicinity. Local Resources Potentially Available for Joint Use Marshall Creek ¾ Greenhouse ¾ Tree Farm ¾ Outdoor Learning Facility ¾ Pathways – Cross Country ¾ Equestrian ¾ Amphitheater Community Pool ¾ Swim Team These discussions have been very positive. The district will keep our ideas in mind as they begin their planning and design process for the new school. Based on a fall of 2009 opening, the district would like to begin working on formal joint use agreements in the spring of 2007. District and Town staff will meet monthly to keep the lines of communication open as we proceed with these projects. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.5 Discuss and take appropriate action regarding the reconfiguration of Police and Fire Chief positions. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. Police Chief job description 2. Fire Chief job description 3. Administrative Police Lieutenant job description 4. Administrative Fire Captain job description 5. Policy Job Posting requirements JOB DESCRIPTION Position: POLICE CHIEF Reports To: Town Manager Supervisory Pay Grade: 36 Entry $69,626 Midpoint $85,292 Maximum $100,958 Exempt Job Summary: Plans, directs, and manages the Police divisions of the Department of Public Safety. Establishes division policies, procedures and regulations and ensures proper enforcement to maintain effective divisions. Develops division budgets. Confers with public officials and citizens groups. Coordinates with other municipalities and agencies. Minimum Requirements: • Bachelor’s Degree in related field • Advanced TCLEOSE (Texas Commission on Law) • Enforcement Officer Standards and Education) Certification • 10 Years of Law Enforcement Experience with 5 Years Supervisory Experience • Or Any Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Clerical Experience (Microsoft Word/Excel Software, Customer Service, Office Machines) • Valid Texas Motor Vehicle Class C Operator’s License Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Plans, directs, and manages the Police divisions of the Department of Public Safety. • Oversees daily operations of the police division • Supervises division personnel, including assigning and reviewing work, conducting performance reviews, hiring, promoting, disciplining and/or dismissing employees, and training and motivating employees • Assists with preparation and administration of annual division budget • Develops and implements division goals and objectives • Develops and updates policies regarding conduct, discipline, and internal affairs • Oversees and supports cases, investigations, and traffic issues • Communicates with the public regarding complaints and calls, crime prevention programs, and public relations issues • Oversees various police situations • Prepares and reviews various reports and correspondence • Interacts with various law enforcement agencies, municipalities, officials, media representatives, and the general public • Supervises and oversees compliance with state record keeping laws • Conducts and attends various meetings, seminars, and professional organizations related to public safety and emergency management • Assists with recruiting, counseling, and disciplining of EMS and Fire employees • Attends Town Council meetings and responds to questions and requests for information Work Environment: Office, travel, and field with flexible work hours involving evenings, weekends, and holidays. Office duties may require sitting and typing for extended periods of time and exposure to computer screens. Field duties require travel from site to site with exposure to serious physical dangers and all weather and temperature extremes. Duties require walking, sitting, standing for prolonged periods, may require climbing, kneeling, stooping, crawling, running, lifting, pulling and pushing as well as Need general manual dexterity, visual acuity and well- maintained physical condition. Requires comprehensive knowledge of municipal police/fire administration and organization; technical and operating principles, practices, problems of fire protection, law enforcement, crime prevention; complete familiarity with state, federal law and Town ordinances. Requires comprehensive knowledge of municipal police administration and organization; technical and operating principles, practices, problems of law enforcement, crime prevention; complete familiarity with state, federal law and Town ordinances. Stress associated with competing priorities and time deadlines is occasionally an element of the position and must be recognized and successfully managed. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date JOB DESCRIPTION Position: FIRE CHIEF ts To: Town Manager and Municipal Utility District Supervisory Pay Grade: 36 Entry $69,626 Midpoint $85,292 Maximum $100,958 Exempt Job Summary: Supervises the planning, operation, and administration of fire fighting, emergency medical services, fire inspections, loss prevention, safety, and fire service activities in the municipality. Provides overall direction for fire department. Establishes policies, procedures, and regulations. Develops annual budget and controls expenditures. Minimum Requirements: • Bachelors Degree in Related Field • Masters Degree in Related Field Preferred • Advanced Firefighter Certification from the Texas Commission on Fire Protection Personnel Standards and Education • Masters Firefighter Certification Preferred or the Ability to Obtain Certification within a twelve-month period • 10 Years Paid Experience in Fire Department Operations with 5 Years for the Town of Trophy Club • 5 Years Supervisory Experience • Paramedic Certification and Certification as an Emergency Medical Technician by the Texas Department of Health • EMS Instructor Certification from the Texas Department of Health • Or Any Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Clerical Experience (Computer, Microsoft Word/ Excel software, customer service, phones, file) • Awareness of Open Records Act and Records Retention Schedules • Valid Texas Motor Vehicle Class B Operator's License Mayor Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Manages overall operations of the fire and emergency medical services departments • Supervises department personnel, including assigning and reviewing work and conducts performance evaluations. • Prepares departmental budget and long-range plan for departments • Directs fire fighting and rescue operations • Directs back-up emergency medical services operations • Develops and oversees training procedures • Participates in fire training schools, boards, and conferences • Directs supervisors in care and maintenance of equipment, facilities, and supplies • Directs and helps develop fire prevention programs and inspections • Prepares and files various reports on departmental activities • Develops plans for fire suppression of major structures within the Town • Reviews vehicle and equipment purchasing, accounting, training, and inspection records Work Environment: Office, travel, and field with regular hours from 8:00 a.m. to 5:00 p.m. including evenings, weekends, and holidays. Office duties may require sitting and typing for extended periods of time and exposure to computer screens. Field duties require travel from site to site with exposure to serious physical dangers and all weather and temperature extremes. Exposure to fire surroundings, intense heat, structural collapse, falls and possible electrocution; animal and human blood and other fluids; hazards of emergency driving; hazards associated with traffic control and working in and near traffic; working in and near natural and man-made disasters; work in and with water; work at heights on scaffolding or ladders; work in confined spaces; work underground as needed; work on slippery and uneven surfaces; work in and around heavy vehicles and equipment; exposure to noise, dust, grease, smoke, fumes, and gases; exposure to potentially hazardous chemicals, explosives, high voltage and toxic materials; exposure to waste and infectious diseases, possible exposure to electrical or radiant energy; work closely with others. Work under stressful conditions demanding a great deal of physical strength and agility, mental alertness and concentration. Duties require moderate to heavy lifting, bending, stooping, kneeling, crawling, climbing, running, walking, standing or sitting for prolonged periods of time; use of fingers, both hands, arms, and legs; carrying, pushing, pulling, dragging, or holding moderate to heavy weight objects. Need visual acuity, ability to distinguish color, adequate speech, hearing, and eyesight. Need ability to operate motorized equipment and assigned vehicles and to adhere to all safety guidelines. Requires wearing and using proscribed safety gear and following all department safety regulations and policies. When not engaged in emergency operations, works under station and office conditions. Requires comprehensive knowledge of municipal police/fire administration and organization; technical and operating principles, practices, problems of fire protection, law enforcement, crime prevention; complete familiarity with state, federal law and Town ordinances. Requires ability to analyze, plan, assign, and coordinate various functions within and between departments. Stress associated with competing priorities and time deadlines is occasionally an element of the position and must be recognized and successfully managed. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date JOB DESCRIPTION Position: Administrative Police Lieutenant Reports To: Police Chief Supervisory Pay Grade: 31 Entry $54,554 Mid 66,828 Max 79,103 Exempt Job Summary: Under the direction of the Police Chief, provides supervision and administrative work of a comprehensive program for crime prevention and law enforcement. Coordinates training, maintains statistical information, and assists in budget preparation and monitoring. Assists in updating and developing departmental goals, objectives, and personnel policies. Minimum Requirements: • Bachelor's Degree • 10 Years Paid Law Enforcement Experience • Advanced TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education) Certification • 3 Years Progressive Law Enforcement Supervisory Experience • Or Any Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Valid Texas Vehicle Class C Operator's License Major Duties and Responsibilities: All duties and responsibilities are not intended to reflect all duties performed within the job. ● As a member of management, supports and carries out departmental and Town policy and procedures, goals and objectives; assists in the preparation and monitoring of the department budget ● Oversees, directs, and coordinates activities of the patrol, investigative, and community services divisions ● Insures accuracy, completeness, and legality of investigative reports, investigations, and operations ● Personally participates with investigations as needed ● Supervises department personnel, including assigning and reviewing work, conducting performance evaluations, and making recommendations on personnel actions ● Understands and supports the philosophy of Community Oriented Policing ● Performs routine police patrol and traffic patrol duties, including responding to various disturbances, enforcing traffic laws, and issuing citations as needed ● Communicates with the public regarding service calls, concerns, complaints, and requests for other information ● Works closely with other personnel, departments, and the public ● Reviews, writes, and makes recommendations on department policies and procedures ● Performs various administrative tasks, including preparing complaints and reports ● Supervises and conducts, drills, demonstrations, and training courses ● Inspects officers, vehicles, and equipment ● Attends various law enforcement and civil meetings, seminars, conferences, and organizations as department representative ● Serves as Emergency Management Coordinator • Serves as the Police Chief in that person's absence • Other duties as assigned Work Environment: Office, travel, and field with flexible work hours involving evenings, weekends, and holidays. Exposure from inclement weather to computer screens. Frequent phone and personal contact. Duties require walking, sitting, standing for prolonged periods; climbing, kneeling, stooping, crawling, running, lifting, pulling, and pushing. Need general manual dexterity, visual acuity, and well-maintained physical condition. Requires comprehensive knowledge of municipal police administration; technical and operating principles, practices, problems of law enforcement, crime prevention and tactical operations; complete familiarity with state, federal law and Town ordinances; and investigative experience. Essential and other important duties require maintaining physical condition necessary for adequate physical performance abilities including moderate and heavy lifting; bending stooping, kneeling, crawling, climbing; the use of fingers, both hands and both arms; the use of both legs; running, walking, standing or sitting for prolonged periods of time; may be required to take offensive and/or defensive action during physical confrontations; ability to discharge a firearm; the ability to operate motorized equipment and assigned vehicles; adequate speech, hearing and eyesight required; carry, push, pull, drag or hold moderate to heavy weight objects; visual acuity and ability to distinguish color, wearing and using proscribed safety gear and following all department safety regulations and policies. When not engaged in emergency operations, works under station and office conditions. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ __________________ Employee Signature Date JOB DESCRIPTION Position: ADMINISTRATIVE FIRE CAPTAIN Reports To: Fire Chief Supervisory Pay Grade: 31 Entry $54,554 Mid 66,828 Max 79,103 Exempt Job Summary: The Fire Captain is an administrative, firefighting and safety education position. This position is second-in-command in the Fire Division, working under the direction of the Fire Chief. Responsible for managing personnel, planning, directing, coordinating and evaluating all fire service activities, fire suppression training, hazardous materials, emergency medical and other emergency rescue services for the Fire Division of the Trophy Club Police and Fire Services Department and safety education programs for their assigned shift. Coordinates training, maintain statistical information, and assists in budget preparation and monitoring. Assists in revisions to the departmental goals, objectives and personnel policies. Minimum Requirements: • High School Graduation or Its Equivalent • 5 Years Paid Experience at the Rank of Firefighter • 3 Years Progressive Supervisory Experience in Fire Prevention and Suppression Procedures • Intermediate Certification from the State Commission on Fire Protection and Personnel Standards and Education • 6 Semester Hours of Fire Service or Fire Technology from an Approved Fire Protection Degree Program • Paramedic Certification and Certification as an Emergency Medical Technician by the Texas Department of Health and hazardous Material Responder Level • EMS Instructor Certification from the Texas Department of Health, preferred • Arson Investigator Certification • Or Any Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Clerical Experience (Computer, phones, filing) • Valid Texas Motor Vehicle Class B Operator’s License Major Duties and Responsibilities: • As a member of management, supports and carries out departmental, Town and Municipal Utility District policy and procedures, goals, and objectives; assists in the preparation and monitoring of the departmental budget • Oversees, directs, and coordinates activities of the Fire and Emergency Medical Services Divisions and community services • Insures accuracy, completeness, and legality of Fire and Emergency medical Services reports, investigations, and operations • Supervises department personnel, including assigning and reviewing work, conducting performance evaluations, and making recommendations on personnel actions • Performs routine Fire and Emergency Medical Services duties including but not limited to the on-site command and direction of emergency operations of rescue, fire-fighting, EMS, hazardous materials incidents, and other community threats • Communicates with the public regarding service calls, concerns, complaints, and Requests for other information • Works closely with other personnel, departments, and the public • Reviews, writes, and makes recommendations of department policies and procedures • Prepares various administrative tasks, including reports, payroll records, and disciplinary actions • Supervises and conducts drills, demonstrations, and training classes • Inspects firefighters, vehicles, and equipment • Attends various fire suppression/prevention and civil meetings, seminars, conferences, and organizations as department representative • Serves as the Fire Chief in that person's absence • Other duties as assigned Work Environment: Office, travel, and field with flexible work hours involving evenings, weekends, and holidays. Office duties may require sitting and typing for extended periods of time and exposure to computer screens. Field duties require travel from site to site with exposure to serious physical dangers, and all weather and temperature extremes. Exposure to fire surroundings, intense heat, structural collapse, falls and possible electrocution; animal and human blood and other fluids; hazards of emergency driving; hazards associated with traffic control and working in and with water; work at heights on scaffolding or ladders; work in confined spaces; work underground as needed; work on slippery and uneven surfaces; work I and around heavy vehicles and equipment; exposure to noise, dust, grease, smoke, fumes, and gases; exposure to potentially hazardous chemicals, explosives, high voltage and toxic materials; exposure to waste and infectious diseased, possible exposure to electrical or radiant energy; work closely with others. Work under stressful conditions demanding a great deal of physical strength and agility, mental alertness and concentration. Duties require moderate to heavy lifting, bending, stooping, kneeling, crawling, running, walking, standing or sitting for prolonged periods of time; use of fingers, both hands, arms, and legs; carrying, pushing, pulling, dragging, or holding moderate to heavy weight objects. Need visual acuity, ability to distinguish color, adequate speech, hearing, and eyesight. Need ability to operate motorized equipment and assigned vehicles and to adhere to all safety guidelines. Requires wearing and using proscribed safety gear and following all department safety regulations and policies. When not engaged in emergency operations, works under station and office conditions. Frequent phone and personal operations, works under station and office conditions. Must be able to do mathematical calculations, and read and comprehend maps. Station and office conditions require comprehensive knowledge of municipal fire prevention/suppression and emergency medical services operations; complete familiarity with state/federal standards ant Town codes and ordinances. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date 103.03 POSTING A. Job Posting. Job vacancies will be posted on the Town’s website and distributed via the town-wide e-mail system. The jobs may also be posted on departmental bulletin boards. Each vacancy will normally remain open for a minimum of three (3) days and the job posting will include the job title, department, job summary, essential duties, closing date and minimum qualifications. In general, notices of all job openings are posted, although the Town reserves its discretionary right not to post a particular opening. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.6 Discuss and take appropriate action to approve financials dated March, 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.7 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Stats COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.8 Items for Future Agenda. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. Status of street repairs and bonds, including recommendation. Sale of Remaining Street bonds. Discussion and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase II. Discuss and take appropriate action regarding joint participation with area cities in an engineering study to evaluate the feasibility of contracting with an additional wholesale water supplier. Carter and Burgess has submitted a request for a public hearing the first meeting in May: Tentatively scheduled for May 1, 2006 providing that they get through P & Z and can be referred to Council. Codification of ordinances. (May 1, 2006) Amendments to Overnight Parking section of Ord. 2005-26. (May 1, 2006) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated April 3, 2006. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. April 3, 2006 Minutes MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 3, 2006 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, April 3, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Pam Cates Mayor Pro Tem Roger Williams Council Member Susan Edstrom Council Member Beverly Foley Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Acting Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Beth Ann Gregory Community Development Director Adam Adams Parks and Recreation Director Jim Hurley Acting Police Chief Danny Thomas Acting Fire Chief Mike Pastor IS Manager A.1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Invocation. Beth Ann Gregory led the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Lisa Ramsey led the pledges. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. Dick Swetnam, 5 Palmetto Court - Recommended that Council consider and adopt a process to review current job descriptions and fiscal policies, as well as procedures, to validate if current policies meet sufficient standards for: protecting the public moneys and meeting the fiduciary obligations of the council Steven Kohs, 18 Overhill Drive – Congratulated the Trophy Club Explorer Post 953, who won five trophies at the April 1st, 2006 State competition. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: Primary Run-Off Election Voting will be held in the Svore Municipal Building on the following day: Thursday, April 6th 7a – 5p Friday, April 7th 7a – 7p Tuesday, April 11th 7a – 7p Arbor Day has been scheduled for April 8th, from 11:00 to 2:00. Adam will provide additional information under the agenda approving the Arbor Day Proclamation. Community Development: Streets & Infrastructure Minor street repairs are being made along Trophy Club Drive. Various lanes will be closed for short periods of time while work is performed. As always residents are encouraged to slow down and proceed with caution while workers are present in the roadway. NISD Joint Use Task Force The Task Force has completed their recommendations for joint use with the school district. A meeting is scheduled with NISD on April 7th to begin working on agreements. Finance: Budget Workshop scheduled for Tuesday, March 28th, has been postponed. Planning & Zoning Zoning Submissions DR Horton: The Planning & Zoning Commission will meet in a workshop session, April 6, 2006. Beck Properties: Beck Properties has requested a rezone for a 1.767 acre tract of land located to the north of the Wastewater Treatment Plant. This item is scheduled for public hearing before the Town Council April 17. Developer's Agreement: The Developer's Agreement for Eagle's Ridge Phase II is expected to be on the Town Council's April 17, agenda. Police and Fire Services Police Services Officer Kyle Meeks was selected as the Police Officer of the Quarter in connection with activity reported on February 27, 2006 involving a traffic stop, the arrests of both occupants, and the seizure of a kilo of marijuana. The Police Department has submitted the application for the second year funding of our School Resource Officer Grant. This grant will provide for $55,605.00. If the funding request is approved, the funds will be made available in September. Fire Services The Fire Department welcomed new hire PSO Gary Sipes on March 20th and anticipate Firefighter Shawn Garrett to start on April 11th. Two vacancies were filled with these two employees and the Department is once again, fully staffed. B.3 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2006. Council member Edstrom made a motion to approve. Mayor Pro Tem Cates seconded. Adam Adams explained that the forth-annual Arbor Day has been scheduled for April 8th, 2006 from 11-2 at Harmony Park. Dicky’s BBQ will be serving food for $3.00, parents may register their children for swimming lessons and children may jump free at the Bounce house. Motion passed unanimously, without discussion. B.4 Mayor Pro Tem Cates to provide an update on the Americans Supporting Americans program. Mayor Pro Tem Cates thanked the Lake Cities Church for helping complete 77 of 86 boxes that were shipped last week. Ms. Cates acknowledged several residents and staff members who contributed to the first delivery of packages. The next shipment is scheduled for the end of April with Medlin Middle School taking the charge. Contributions may still be made at the Town. D.1 Discuss and take appropriate action regarding an interlocal agreement between the Town and the Master District for payment of the costs of construction of the annex to the Svore building. Roger Unger explained that under the initial agreement with the MUDs, the Town was to get the note for reconstruction, while the MUDs continued to pay the Town an amount equivalent to their annual rent in the portable buildings, until such time that the 20 year note is paid off. The MUDs have recently raised issues with ownership of the building, and feel as though they should own the building since it is on MUD land. Currently, the Town and MUDs are trying to work through alternatives that will be agreeable to both. Mayor Sanders questioned Item 2.02 Master District Obligations and Rights: MUD 1 shall retain ownership of the Property as specified herein. Roger Unger explained that Property as referenced, refers to the land. Patricia Adams added that Property is defined in the whereas clause. Roger Unger confirmed that the MUDs previously approved a simplified contract, which was revised by Patricia Adams. Roger Unger also stated that the MUDs object to section: 4.01 Ownership, The Improvements currently owned by Town shall remain under the exclusive ownership of Town and no term or provision of this Agreement shall affect Town’s right, title or interest to such Improvements, as they wish to have some, if not all of the ownership of the improvement. Council member Edstrom believes that since the Town took out the Certificates of Occupation, the building is owned by the Town and the land by the MUDs. Patricia Adams advised that it is the position of the MUD Manager and one representative from MUD 1, that they want some ownership interest in the property. Patricia Adams commented that she tried to explain it as more of a rental agreement, but was met with strong disagreement. Roger Unger advised that the proposal that will be put to MUD1 is that they will have proportional ownership up to any proportion they are willing to pay towards the Certificate of Occupation. Mayor Sanders confirmed the consensus of Council is for Roger Unger to proceed with his suggested proposal. D.2 Discuss and take appropriate action regarding an interlocal agreement between the Town and the Master District for payment of the costs of construction of the maintenance building shared by the Water Department and the Parks and Recreation Department. Roger Unger explained that this is an agreement with the Master District whereby the Town will repay the Master District for 50% of the funds expended by them to construct the maintenance/storage facility at the wastewater treatment plant. The Land belongs to MUD1, the Master District is fronting the entire cost of the building and the Town has agreed to reimburse the MUDs in form of a note. Council member Williams questioned 2.01Master District Obligations and Rights: C. The Master District shall own a fifty percent (50%) interest in the Building. Patricia explained that this standard language is for joint tenancy, but will try and clarify this section. No action taken. D.3 Discuss and take appropriate action regarding the Unitization Agreement with Encana for the Town's mineral interest under Harmony Park Chuck Traxler, Land Negotiator with Encana explained that the Town owns approximately 13 acres (Harmony Park), which is included in wells drilled from pad 7; the area subject to these wells is 322.831 acres. With a unit covering the entire Trophy Club area (1746 acres) and one participating area, being the entire unit area the Town will receive its proportionate share of royalty from all wells in larger area rather than royalty from wells in a pad 7-unit area. The larger Unit/Particpating area will provide the Town the opportunity to have an interest in several more wells. Council member Williams questioned if analysis has been performed on what the difference would be as opposed to participating in all of the wells. Patricia Adams explained that Encana is going to provide information on projected income from the unit. Matt Curey a Completion Engineer for Encana explained that income is largely dependent on gas price, which has fluctuated over the years. The benefit would be a guaranteed continuity. Mayor Sanders clarified if Encanca anticipated that the revenue that the Town would receive would be equal to the revenues currently? Chuck Traxlor answered that the Town would be better as a party of the entire unit as we would be sharing in all production. Council member Edstrom made a motion to approve the Unitization Agreement with Encana. Council member Williams seconded. Patricia added that the information received from Encana was provided to the Town’s Oil and Gas lawyer, who recommended that this would be more beneficial for the Town in the long run. Motion passed unanimously without further discussion D.4 Discussion and take appropriate action regarding the Purchasing Policies. Mayor Sanders advised that he has a series of questions. Mayor Pro Tem Cates advised that the revisions to these policies were based on the processes that she reviewed about seven months ago. Cates stated that the information provided in the packet did not explain everything that she did, she continued by listing several areas of her review, the history of the review and provided explanations to her suggesting that were based on the results of her review. Council member Foley suggested that the Council take time to read the whole policy and place on a future agenda. Mayor Sanders pointed out a few general points: reference to the Finance Director should read as Town Manager based on the provisions of the Town Charter, page 65, states that the Town Manager may modify or improve, which could not happen, if Council approves them and expressed concern over item 601, When the need arises for a single purchase of goods or services with an estimated value in excess of $10,000, the user Department shall originate an on-line purchase order. Council member Foley requested again, that this be placed on a future agenda. Council member Williams requested that section 6.02 An approved Town Council Resolution is required for all emergency purchases; provided however, that if due to exigent circumstances, the purchase must be made and time does not allow the posting and holding of a Council meeting, the Mayor, or the Mayor Pro Tem in the absence of the Mayor, may authorize the expenditure by providing written permission to make the purchase, be removed as the Mayor and Mayor Pro Tem have no authority, as an individual, but rather have to act as a council under the Charter. Council member Edstrom advised that this provision is in the case of an emergency or a disaster. Roger Unger questioned the resolution as referenced on page 62. Mayor Pro Tem Cates explained the need for this to be defined, as Council should approve purchases that are exempt from competitive bids. Dick Swetnam, 5 Palmetto Court, advised that the importance of what happened should not focus on criticism, but rather they should be bold and aggressive in reviewing the policies and procedures, and questioned why Mayor Pro Tem started her review. Mayor Pro Tem responded that she started her review based on the Court issue. Council member Foley made a motion referring this item to April 17, 2006, holding a workshop prior to the meeting and including an agenda item to take action. Mayor Pro Tem Cates seconded. Motion passed unanimous with out further discussion. D.5 Discuss and take appropriate action regarding the approval of an expenditure of EDC 4A funds for pool equipment. Council member Edstrom made a motion to approve. Council member Williams seconded. Adam Adams explained that due to failing condition of the current pool furniture, he received three bids for commercial pool equipment and recommend Admiral based on his research. Motion passed unanimously without further discussion. D.6 Discuss and take appropriate action regarding potential revisions to the Overnight Parking Ordinance, Chapter VI, Section E, of Ordinance 2004-09 Council member Williams approved the recommendation to reduce the number of cars and increase the permit fee. Council member Edstrom seconded. Acting Police Chief, Jim Hurley advised that this recommendation provides some relief for those who are most affected. Council member Edstrom questioned how the $150.00 permit fee was determined. Jim Hurley answered that it was determined based off of permits, citations, court, stickers and the salaries of the officers from monitoring. Council member Foley believes that a $150.00 renewal fee is too high, and suggested to charge $75.00 for each vehicle. Council member Williams agreed. Margi Cantrell, 1105 Sunset Drive, Expressed her concern over changing this ordinance and the effects on the community, requesting that Council stay focused on property value. Bob Radder, 1 Lee Court – Advised that the Public Safety Advisory Group’s recommendation of the PS Advisory group was a $25.00 permit fee. Council member Williams is against lowering the fee and questioned the concept of the 3a – 5a regulation. Council member Williams amended his motion, directing staff to come back with a revised Ordinance that accepts Captain Hurley’s suggestions, including $150.00 fee for the third car, $50.00 for the fourth car, $10.00 for the renewal fee, and leaving the citation fee as it is. The second agreed. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action regarding the Minutes from March 28, 2006. Council member Williams made a motion to approve. Council member Edstrom seconded. Motion passed 3:0:1, with Council member Foley abstaining. D.8 Items for Future Agenda. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. Status of street repairs and bonds, including recommendation. Sale of Remaining Street bonds. Discuss and take appropriate action regarding amendments to the restrictions on the outdoor storage ordinance. (April 17th, 2006) Discussion and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase II. Public Hearing on Horton Zoning request. (April 17th, 2006) Discuss and take appropriate action regarding joint participation with area cities in an engineering study to evaluate the feasibility of contracting with an additional wholesale water supplier. Added: Joint Use Task force to report back on their April 7th meeting. Carter and Burgess has submitted a request for a public hearing the first meeting in May. Tentatatively scheduled for May 1, 2006 providing that they get through P & Z and can be referred to Council. Codification of ordinances. (May 1, 2006) D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 18, 2006. D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 20, 2006. Council member Edstrom made a motion to approve Items D.9 and D.10. Mayor Pro Tem Cates seconded. Motion passed unanimously without any discussion. 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 separately. Council convened into executive session at 8:45 P.M. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act: 1. Appointment of a Town Manager TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. *REGULAR SESSION Council reconvened into regular session at 9:52 P.M. E.2 Discuss and take appropriate action relative to the appointment of a Town Manager and terms of engagement. Council member Edstrom commented that resident feedback is that they want a change and made a motion for the Mayor and Human Resources Manager to enter into contract negotiations with Brandon Emmons. Mayor Pro Tem Cates seconded. Council member Williams disagrees and feels that Roger Unger is the best candidate for this position. Williams added that citizens should realize by bringing in someone new, it is going to cost approximately $140,000. Mayor Pro Tem Cates suggested that bringing in someone new will build confidence back in the community. Council member Foley supports Roger, and believes that he is the best and most knowledgeable candidate for the position. Mayor Sanders said that he does not doubt Roger’s loyalty to the Town and that he has come to respect him, however he believes that because of the issues that have happened over the past year, citizens don’t trust the town. Motion tied 2:2. Cates and Edstrom for, Williams and Foley against. Motion passed 3:2 on the second vote with Mayor Sanders voting for. F.1 Adjourn. Council member Edstrom moved to adjourn. Council member Williams seconded. Meeting adjourned at 10:04 P.M. * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 _________________________________ Mayor Nick C. Sanders Town of Trophy Club _____________________________________ Lisa Ramsey, Town Secretary COUNCIL MEMORANDUM From: The Office of the Town Mayor Date: 4-17-2006 Subject: Agenda Item No.E.1 Pursuant to Section 551.074(a)(1) of the Texas Open Meetings Act, Town Council will convene into Executive Session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. Appointment of Town Manager Brandon Emmons and terms of engagement. COUNCIL MEMORANDUM From: The Office of the Town Mayor Date: 4-17-2006 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to terms of engagement and proposed contract with Town Manager Brandon Emmons EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 4-17-2006 Subject: Agenda Item No.F.1 Adjourn.