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Agenda Packet TC 02/10/2015Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMTuesday, February 10, 2015 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2015-0090-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 10, 2015. 2.2015-0091-T Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the February 24, 2015 meeting. Proposed Agenda February 24, 2015.pdfAttachments: 3.2015-0104-T Discussion of items from future agenda list: A. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) B. Consider and take appropriate action regarding general signage on poles and painted on road beds. (CM Parrow requested this be moved to the February 10, 2015 agenda at the 1/27/2015 Council Meeting) C. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) Round About Images.pdf TROPHY CLUB ROUND-A-BOUT WITH POTENTIAL CHANGES 2015 - JP.pdf Attachments: 4.2015-0107-T Review and provide input and direction to staff regarding the Handbook for elected and appointed officials. Handbook for Elected and Appointed Officals.pdfAttachments: INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. Town Council Page 1 of 312 Meeting Date: February 10, 2015 February 10, 2015Town Council Meeting Agenda 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. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 5.2015-0127-T Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Regional Mobile Crime Scene Unit Program for the 2015-2016 Fiscal Year; Authorizing the Acting Town Manager or his designee to execute all necessary documents. Staff Report - Regional Mobile Crime Scene Unit Grant.pdf Res 2015-03 REGIONAL MOBILE CRIME SCENE UNIT.pdf Attachments: 6.2015-0109-T Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the P25 Compliant Radio Transition Program for the 2015-2016 Fiscal Year; designating the Acting Town Manager as the Town's Authorized Official; and authorizing the Acting Town Manager or his designee to execute all necessary documents. Staff Report - P25 Compliant Radio Grant.pdf RES 2015-04 P25 Compliant Radio Transition Program.pdf Attachments: 7.2015-0110-T Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Drug Interdiction and Juvenile Resource Program for the 2015-2016 Fiscal Year; designing the Acting Town Manager as the Town’s Authorized Official; and authorizing the Acting Town Manager or his designee to execute all necessary documents. Staff Report - Drug Interdiction and Juvenile Justice Program Grant.pdf RES 2015-05 Drug Interdiction and Juvenile Resource Program.pdf Attachments: 8.2015-0111-T Consider and take appropriate action regarding the Minutes dated November 25, 2014. DRAFT TC Minutes November 25, 2014.pdfAttachments: 9.2015-0125-T Consider and take appropriate action regarding the Minutes dated December 18, 2014. DRAFT TC Minutes December 18, 2014.pdfAttachments: Town Council Page 2 of 312 Meeting Date: February 10, 2015 February 10, 2015Town Council Meeting Agenda 10.2015-0123-T Consider and take appropriate action regarding the Minutes dated January 20, 2015. Draft TC Joint Minutes - January 20, 2015.pdfAttachments: 11.2015-0122-T Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County for administration of the May 9, 2015 Town general election; and authorizing the Mayor or his designee to execute all necessary documents. Draft Joint Contract May 2015.pdf Signature page for Joint Contract.pdf Attachments: REGULAR SESSION 12.2015-0113-T Consider and take appropriate action regarding a request from Trophy Club Women’s Club for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Staff Report - TCWC TUP.pdf TCWC TUP Application - 2015.pdf Attachments: 13.2015-0067-T Consider and take appropriate action regarding the award of bid to the lowest responsible bidder and rejection of all other bids for the purchase of a Horton Ambulance manufactured by Professional Ambulance Service; and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - Ambulance Memo including Back-up.pdfAttachments: 14.2015-0112-T Consider and take appropriate action regarding an Ordinance ordering and calling a Joint General Election to be held on May 9, 2015 for the purpose of electing one (1) Council member to Place No. 3 and one (1) Councilmember to Place No. 4 on the Trophy Club Town Council, each for a term of three (3) years respectively; providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Staff Report - Ordinance Ordering and Calling the General Election.pdf ORD 2015-02 Calling May 2015 Election.pdf Attachments: 15.2015-0114-T Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park Services for the Town as recommended by CFAB and authorizing publication of notice of bid. Staff Report - Bid for Park Services.pdf 2015 Parks Services Competitive Bid 8 - RFP.pdf Attachments: Town Council Page 3 of 312 Meeting Date: February 10, 2015 February 10, 2015Town Council Meeting Agenda 16.2015-0115-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club amending Article XVI, “Citizens Financial Advisory Board” of Chapter 1, “Administration” of the Code of Ordinances by repealing Subsection 16.02(C), “Board Established/Number of Members/Terms Established and Qualifications” and adopting a new Subsection 16.02(C)and amending the introductory paragraph of Subsection 16.02(E), “Officers”; providing for incorporation of premises; and providing an effective date. ORD 2015-03 CFAB.pdfAttachments: 17.2015-0116-T Consider and take appropriate regarding projects to be completed by the Citizens Financial Advisory Board (CFAB) and associated priorities. Staff Report - CFAB Projects and Priorities.pdfAttachments: 18.2015-0069-T Consider and take appropriate action regarding a Resolution repealing Resolution No. 2012-08 and Resolution No. 2014-33 and adopting a new Town of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. Resolution 2015-06 Elected and Appt Handbook Revisions.pdfAttachments: 19.2015-0117-T Council to conduct interviews of applicants for Fire/EMS Joint Sub-Committee; consider and take appropriate action to appoint one (1) citizen to serve on the Fire/EMS Joint Sub-Committee. Staff Report - Citizen Appointment on the FireEMS Joint Sub Committee.pdf Eric Jensen Application.pdf Louis R Opipare Jr Application.pdf Robert F Radder Application_Redacted.pdf Attachments: 20.2015-0118-T Town Council Liaison Updates; discussion of same: * Economic Development Corporation 4B, February 2, 2015 Council Liaison - Council Member Rhylan Rowe 21.2015-0119-T Acting Town Manager Seidel's update regarding the following; discussion and provide input regarding same. * Trophy Club Streets CIP * Discover Trophy Club Magazine * Community Clean Up Event * Police Department recruiting partnership 22.2015-0126-T Items for Future Agendas. Items for Future Agendas updated 2-3-2015.pdfAttachments: EXECUTIVE SESSION Town Council Page 4 of 312 Meeting Date: February 10, 2015 February 10, 2015Town Council Meeting Agenda 23.2015-0120-T Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following items: A. Section 551.074(a)(1), Personnel Matters. 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: Acting Town Manager Stephen Seidel and vacant Town Manager position. B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property. RECONVENE INTO REGULAR SESSION 24.2015-0121-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 5 of 312 Meeting Date: February 10, 2015 February 10, 2015Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on February 5, 2015 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Holly Fimbres Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of February, 2015. ________________________________, Title: ___________________________ Town Council Page 6 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0090-T Name: Status:Type:Agenda Item Workshop File created:In control:1/29/2015 Town Council On agenda:Final action:2/10/2015 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 10, 2015. Attachments: Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 10, 2015. Town Council Page 7 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0091-T Name: Status:Type:Agenda Item Workshop File created:In control:1/29/2015 Town Council On agenda:Final action:2/10/2015 Title:Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the February 24, 2015 meeting. Attachments:Proposed Agenda February 24, 2015.pdf Action ByDate Action ResultVer. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the February 24, 2015 meeting. Town Council Page 8 of 312 Meeting Date: February 10, 2015 Meeting Date x/xx/2015 STAFF RPT RES ORD PROC File ID Dept Discussion of agenda items posted for consideration on the Regular Session Council Agenda for month day, 2015.Town Sec Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the month day, 2015 meeting.Town Sec Consent STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Minutes dated month day, 2014.Town Sec Consider and take appropriate action regarding the Minutes dated January 23 and 24, 2015.2015-0124-T Town Sec Regular Session STAFF RPT RES ORD PROC File ID Dept Verizon (moved from 2/10/15 per Stephen) Town Council Liaison Updates; discussion of same: Town Sec Acting Town Manager Seidel's update regarding the following; discussion and provide input regarding same.Town Mgr Items for Future Agendas.Town Sec Executive Session STAFF RPT RES ORD PROC File ID Dept Regular Session STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Executive Session.Town Sec Workshop Town Council Page 9 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0104-T Name: Status:Type:Agenda Item Workshop File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Discussion of items from future agenda list: A. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) B. Consider and take appropriate action regarding general signage on poles and painted on road beds. (CM Parrow requested this be moved to the February 10, 2015 agenda at the 1/27/2015 Council Meeting) C. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) Attachments:Round About Images.pdf TROPHY CLUB ROUND-A-BOUT WITH POTENTIAL CHANGES 2015 - JP.pdf Action ByDate Action ResultVer. Discussion of items from future agenda list: A. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) B. Consider and take appropriate action regarding general signage on poles and painted on road beds. (CM Parrow requested this be moved to the February 10, 2015 agenda at the 1/27/2015 Council Meeting) C. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) Town Council Page 10 of 312 Meeting Date: February 10, 2015 Town Council Page 11 of 312 Meeting Date: February 10, 2015 Town Council Page 12 of 312 Meeting Date: February 10, 2015 Town Council Page 13 of 312 Meeting Date: February 10, 2015 Town Council Page 14 of 312 Meeting Date: February 10, 2015 Town Council Page 15 of 312 Meeting Date: February 10, 2015 Town Council Page 16 of 312 Meeting Date: February 10, 2015 Town Council Page 17 of 312 Meeting Date: February 10, 2015 Town Council Page 18 of 312 Meeting Date: February 10, 2015 Town Council Page 19 of 312 Meeting Date: February 10, 2015 Town Council Page 20 of 312 Meeting Date: February 10, 2015 Town Council Page 21 of 312 Meeting Date: February 10, 2015 Town Council Page 22 of 312 Meeting Date: February 10, 2015 Town Council Page 23 of 312 Meeting Date: February 10, 2015 Town Council Page 24 of 312 Meeting Date: February 10, 2015 Town Council Page 25 of 312 Meeting Date: February 10, 2015 Town Council Page 26 of 312 Meeting Date: February 10, 2015 Town Council Page 27 of 312 Meeting Date: February 10, 2015 Town Council Page 28 of 312 Meeting Date: February 10, 2015 Embedded Secure Document The file https://trophyclub.legistar.com/View.ashx?M=F&ID=3515827&GUID=43A9A6B5-14FB-4F26-BF94- 35CFED32C3C2 is a secure document that has been embedded in this document. Double click the pushpin to view. Town Council Page 29 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0107-T Name: Status:Type:Agenda Item Workshop File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Review and provide input and direction to staff regarding the Handbook for elected and appointed officials. Attachments:Handbook for Elected and Appointed Officals.pdf Action ByDate Action ResultVer. Review and provide input and direction to staff regarding the Handbook for elected and appointed officials. Town Council Page 30 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 1 of 8 MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials EFFECTIVE DATE: 9-15-2014 REVISION DATE: 9-15-2014 (Resolution No. 2015-06) This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include; Town Council, Boards, Commissions, Corporations, and volunteers assisting with Special Event functions. I acknowledge receiving and agree to comply with the policies set forth in the Handbook for Elected and Appointed Officials. Elected/Appointed Official Signature Date Elected/Appointed Official Printed Name Board/Commission Serving Return this page to the Town Secretary and attach the Texas Open Government Training Certificates where applicable. Town Council Page 31 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 2 of 8 Introduction In order to be “A Great Place to Call Home,” the Town of Trophy Club encourages and is indebted to our dedicated citizens who serve on Boards, Commissions, and Corporations. In accordance with Section 4.16 of the Town Charter, the citizens who serve do so without compensation. They are appointed to serve after indicating their interest through the application process, and they serve at the discretion of the Town Council. Generally, members of each Board, Commission or Corporation are charged with researching pertinent projects and with making recommendations to the Town Council. Members serve in an advisory capacity. The single exception is the Zoning Board of Adjustment, which has some quasi-judicial duties. The exact duties and requirements of each Board, Commission or Corporation can be found in the ordinance establishing that specific body and/or applicable enabling statute. Each Board, Commission, and Corporation consists of members, a Chair/President, a Town Staff Liaison and a Council Liaison if one is appointed by the Council. Applicant Requirement for Boards, Commissions, or Corporations Applicants for Boards, Commissions, or Corporations must be a United States Citizen and registered voter prior to their appointment and must also be Trophy Club residents for at least six (6) months prior to their appointment. Based upon good cause shown, Council may waive the voter registration and/or length of residency requirement for a person appointed to a Board, Commission, or Corporation, except where restricted by State law. Neither elected officials, nor persons appointed to fill vacancies on any elected governmental body may serve on a Town Board, Commission, or Corporation, per Town Charter. The technical expertise of applicants shall be a consideration in gaining appointment. Residency Requirement/Temporary Change in Residency Status In addition to the residency requirement for citizens making application to serve on Town Boards, Commissions, and Corporations, a person serving as a member must reside within the Town of Trophy Club during his or her term of service in order to continue serving. However, if during the term of appointment or during the time frame for reapplication, the residency status of a then current member of a Board, Commission or Corporation temporarily changes for a period of no more than six (6) months, the member may request that the Council review his/her specific circumstances affecting residency. If the temporary change in residency status does not disqualify a member of a Board, Commission, or Corporation from continuing to serve either because of a Charter or state law requirement for service on his/her respective Board, Commission, or Corporation, the Council may authorize the continued service or reappointment of the member until such time as the member returns to permanent residency status. Posting Process The Town Secretary will ensure that annual appointments for Boards, Commissions, and Corporations are posted in the month of June: • Announced in the Town Newsletter • Posted on the marquees • Posted on the Town’s Web page at: www.trophyclub.org • Posted to Town-managed social media sites at: www.facebook.com/TrophyClubGov and www.twitter.com/TrophyClubGov The Town Secretary will also notify each member whose term is expiring that they must resubmit the Board, Commission and Corporation Application. Application Process for Annual Appointments Town Council Page 32 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 3 of 8 Applications will be accepted each year in July or within a time frame as otherwise directed by Town Council. A received application will be considered active for one year following the date of receipt, provided it meets all previously stated requirements. Applications are available in the Town office and online at the Town’s website. The completed application shall be submitted to the Town Secretary and forwarded as soon as possible to the Town Council Appointments Committee as well as the additional members of the Town Council. Town Council Appointments Committee At the first Town Council meeting in June, the Council shall establish an Appointments Committee tasked with making recommendations to the full Council regarding appointments to all Boards, Commissions, and Corporations. The Committee shall be comprised of the Mayor and two (2) Council members, and the Committee shall have the discretion to add additional members to the Committee as determined appropriate. Interview Process Interviews shall be conducted by the Town Council Appointments Committee after the close of each application period. Staff Liaisons shall be responsible for scheduling interviews for each candidate who submits an application for their respective Board, Commission, or Corporation. Typically these interviews will be held at a regular interval as determined by the Appointments Committee. In the event of scheduling conflicts or workload demands, alternate dates may be selected. Group interviews are conducted for most vacancies. However, individual interviews may be conducted for certain positions at the request of the Appointments Committee. After conducting interviews, the Appointments Committee shall provide its recommendations relating to nominations for appointment to the Town Manager preceding the Council meeting at which such appointments are to be considered. Appointments generally will be made by resolution at the second (2nd) Town Council meeting of the month. Boards, Commissions, Corporations, and Council will not evaluate applicants on the basis of race, color, religion, sex, national origin, ethnic group, age, or disability. Recommendations for appointment to a Board, Commission or Corporation will not be made based on stereotypes or assumptions about the abilities or traits of individuals of a certain race, color, religion, sex, national origin, ethnic group, or age, or individuals with disabilities. 1/27 NOTE: move this to the Shoffner section Mid-Term Vacancy / Resignations When a Board, Commission, or Corporation member resigns mid-term, a written notice of resignation shall be submitted to that body’s Chair. The Chair shall forward the notice to the Staff Liaison who shall then forward the notice to the Town Secretary and Town Council. Upon receiving notice of vacancy, the Town Secretary shall initiate the application process in accordance with the Posting Process set forth above, and interviews shall be conducted in accordance with the Interview Process as set forth above. Members appointed to fill vacancies shall be appointed to serve out the remainder of a predecessor’s term. Council may directly appoint an applicant whose application is previously on file under the established application process provided that the applicant is still willing to serve on the Board, Commission or Corporation that he/she applied for without the requirement of an additional interview. Removal Members of Boards, Commissions and Corporations serve at the discretion of the Town Council and may therefore Town Council Page 33 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 4 of 8 be removed at the sole discretion of Council at any time. Appointments Process Terms of office for Board, Commission, and Corporation members shall begin in October unless Town Council extends the time period for the application process or otherwise determines it appropriate to alter the annual appointment schedule. Term Lengths Term lengths are set forth in the ordinance establishing the Board, Commission, or Corporation and/or applicable enabling statutes. Terms are staggered, with the Council making annual appointments to replace members whose regular terms expire in any given year. Compensation Members appointed to a body by the Town Council shall serve without compensation; provided however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or its’ designee. Maximum number of Appointments It is the goal of the Council to afford the opportunity to serve on Town Boards, Commissions and Corporations to as many interested residents as possible; however, if the number of open Board, Commission, or Corporation seats exceeds the number of qualified applicants, the Council may allow a person to serve on more than one (1) Board, Commission, or Corporation. In the event that the number of qualified applicants exceeds the number of open Board, Commission, or Corporation seats, it is the goal of the Council to first appoint those qualified applicants not already serving before taking action to appoint an applicant who is already serving on a Town Board, Commission, or Corporation. Council may act to replace a current member who is serving on more than one Board, Commission or Corporation prior to the end of his or her term, provided there is an adequate number of qualified applicants. Open Government Training Elected and appointed public officials are required by State law to receive training in Texas open government laws. The Office of the Attorney General offers free video training courses, which were developed to ensure that all elected and appointed government officials, have a good command of both open records and open meetings laws. Each elected or appointed official who is a member of a governmental body subject to the Open Meetings Act or the Public Information Act must attend training. Additionally, employees who serve as a governmental body's designated public information coordinator are required to complete the Public Information Act training course. Officials who are elected or appointed shall complete the required open government training within ninety (90) days after taking elected office or after appointment. Staff Liaisons from the individual groups requiring the training shall be responsible to ensure that all members of their group receive the training. Training CDs are available in the Town Secretary’s office or may be obtained online at: http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150 Certificates of completion must be maintained by the member's governmental body and made available for public inspection upon request. The original Certificate shall be forwarded to the Town Secretary to be kept in permanent records. More information on Open Government may be obtained online at the Texas Attorney General’s Office. (http://www.oag.state.tx.us) Town Council Page 34 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 5 of 8 Nepotism A Board, Commission, or Corporation Chair/President cannot be a relative of the Mayor or of a Council Member. Except as specifically provided below, on any given Board, Commission, or Corporation only one member can be a relative of a Council Member. A person is a relative if he/she is related in the first degree by consanguinity (blood) or by affinity (marriage). Members of an Economic Development Corporation, Zoning Board of Adjustment or Planning and Zoning Commission cannot be related to a Council member. Guidelines for Members All members of Boards, Commissions, and Corporations have specific duties and responsibilities. All members of Boards, Commissions, and Corporations are expected to participate in formal and informal training sessions. Many Boards, Commissions, and Corporations deal with technical issues that can require a foundation of certain knowledge that must be updated from time to time. The Town will provide reasonable opportunities for members to acquire and keep current in these training efforts. Members are expected to participate. Regular attendance Effectiveness as a member requires regular attendance. Should a member of a Board, Commission, or Corporation fail to attend three consecutive regular meetings without being excused , the Board, Commission, Corporation. or the Council may declare that member’s appointment forfeited. A member who is unable to attend a meeting shall notify the Staff Liaison of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Staff Liaison shall be provided as soon as practicable after the member becomes aware of the impending absence. It is particularly important that all members attend briefing sessions and work sessions prior to formal meetings to promote effective and efficient meetings. If a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether they have sufficient time to be an effective member. It is the responsibility of a member in this position to initiate a discussion with the Chair/President or Staff Liaison about attendance. The Chairman of the Board, Commission, or Corporation is to maintain a charted attendance record for all members. If attendance becomes an issue, the Staff Liaison will attempt to secure a written resignation. The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of the Board, Commission, or Corporation noting progress and members’ attendance. Avoidance of contacts and individual discussions It is not uncommon for applicants, opponents, or their representatives to approach individual members to solicit support or disapproval of a pending issue. These individual contacts shall be declined by members of the Zoning Board of Adjustment and by members of the Ethics Commission. Requests for sponsorships/donations/agreements with vendors Unless acting jointly with a Staff Liaison pursuant to the direction of their respective Board, Commission, or Corporation, members do not have the authority to seek donations, to make agreements with vendors, or to give the impression that they are acting as an agent for the Town. Furthermore, Board, Commission and Corporation members are not permitted to obligate any Town funds or enter into any agreements without prior written approval of the Town Manager or the Manager’s designee. All actions requiring the obli gation or expenditure of funds shall be in accordance with the applicable approved budget. Town Council Page 35 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 6 of 8 Ethics All members of the Town Council, Boards, Commissions, and Corporations shall be familiar with the requirements of the Town’s Ethics ordinance. Effective Meetings All members of Boards, Commissions and Corporations should familiarize themselves with the elements of a successful meeting. These include: • Having a purpose for the meeting; • Giving adequate notice; • Posting public notice when required; • Preparing for the meeting in advance; • Preparing an agenda; • Allowing for appropriate participation from all parties; • Selecting an appropriate meeting place; • Determining the outcome or results of the meeting; • Keeping an accurate record of all proceedings; and • Keeping discussion focused on items listed on the agenda. Members should avoid common mistakes that can make meetings unproductive, including but not limited to: • Lack of control at the meeting, appearing unfair, being unable to bring issues to a vote and wasting pe ople’s time. The Staff Liaison and all members are responsible for compliance with the Texas Open Meetings law. Meetings of all Boards, Commissions and Corporations are open to the public. All meetings shall be held in such a fashion that all participants have assigned seating with clearly visible nameplates. Board Members must take care to speak into the microphone at all times while in session. If a meeting is recorded with only audio and no video, each person must identify themselves prior to speaking. Prior to initiating a closed or “Executive Session,” the Staff Liaison and Chair shall receive approval from the Town Attorney. Prior to any meeting, the Chair and Staff Liaison shall prepare an agenda describing actions to be taken by the group. The agenda shall be prepared in a format approved by the Town Attorney and shall be posted in compliance with State law. The Chair shall allocate sufficient time for both applicants and opponents of an issue to present their information. Regardless of whether an agenda item is listed as a public hearing item or not, members of the public shall be given a reasonable opportunity to present their information and opinions, unless the group is meeting in a workshop session. The Chair must allocate and manage the time to be allotted and shall use discretion based upon the agenda, the Council Rules of Procedure and other factors; provided however, that the Chair shall have the discretion to allow additional time without objection by a majority of the Board, Commission or Corporation. The Chair shall endeavor to see that all persons attending or participating in meetings are treated with respect and dignity. All members must refrain from prejudicial or stereotypical comments. All members must refrain from questioning that takes the form of “badgering” or “debating” with those providing testimony. All members need to be cautious of publicly representing their positions beyond the scope of the business at hand. The official position of the Town shall be represented only by Town staff, as established by the Town Council. Conduct in meetings Board, Commission, and Corporation members should act in a professional manner. If a resident presents a complaint to the Board, Commission, or Corporation at a meeting the information should be taken and referred to Staff to reply to the resident. Town Council Page 36 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 7 of 8 Rules of Decorum Meetings of all Boards, Commissions, and Corporations shall be conducted in accordance with adopted Town Council Rules of Procedure. PARLIAMENTARY MOTIONS AND PRECEDENCE Requires 2nd Debatable Amendable A Majority Vote of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or recommit to committee Yes Yes Yes Yes 4. To amend Yes Yes Yes Yes 5. To amend an amendment Yes Yes No Yes 6. To postpone indefinitely Yes Yes No Yes 7. To table Yes No No Yes 8. Calling the question No No No 2/3 9. Objecting to consideration of a question No No No 2/3 Responsibilities of the Chair Each Board, Commission, or Corporation shall have a Chair/President. A Board, Commission, or Corporation at the Council’s discretion, may be asked to make a recommendation for a Chair with the final determination left to the Council. The Chair should have some experience as a member of the group. The Planning and Zoning Commission’s chair will be determined entirely by the Council. The Chair must act as the “leader” and take responsibility for the group’s efficient and meaningful operation. The Chair must ensure that roles are clearly spelled out, meetings are efficiently conducted and necessary information is readily available, which helps create a good working environment. Appointment of a Chair The Council will have final determination on the appointment of a Chair for each Board, Commission and Corporation. Following the appointment of a new Chair, the Mayor or his or her designee and a Staff Liaison will arrange a meeting with the new Chair to review this Handbook and share ideas on how to run an effective meeting. The Chair should manage the meeting to ensure that: • A few members do not monopolize discussion or questions; • Appropriate time is taken for presentation and discussion; • Dialogue and interactions are maintained in a courteous and professional Manner; • Minutes of each Board, Commission, and Corporation meeting are taken and maintained by the Staff Liaison; • Staff and members treat each other with mutual respect at all times; • Discussion is limited to those items on the agenda. However, the Chair /President or Staff Liaison may place any item on a future agenda for discussion; • All Board, Commission, and Corporation meetings shall be recorded as required by the Texas Open Meetings Act. The Chair must ensure that effective communication exists between Board, Commission, Corporation, Council, Staff and the public. This requires frequent interaction with the Staff Liaison and Council Liaison to the Board, Commission, or Corporation. The Town Manager is responsible for ensuring that that the Staff Liaison is efficient in providing requested technical assistance and information to members. This includes helping to develop appropriate rules and procedures for the group in order to complete its duties. It also requires preparation of proper meeting notices and agendas, gathering and relaying pertinent information in a timely fashion to members and providing support at meetings. If the Staff Liaison is not effectively operating in this manner, the Chair should Town Council Page 37 of 312 Meeting Date: February 10, 2015 Handbook for Elected and Appointed Officials Page 8 of 8 first discuss the issue with the Town Manager. If satisfactory results are not achieved, the Chair should next contact the Mayor and Council Liaison to the Board, Commission or Corporation if a Council Liaison has been named. It is the responsibility of the Chair to be mindful of the attendance, actions and activities of individual members, as well as to discuss with these members any deviations from the rules. The Chair shall be responsible for communicating to the Staff Liaison any requests to be placed on the Town Council agenda for consideration. The Chair and Staff Liaison shall define the scope, objectives and criteria for completion of any project to be undertaken by the group that has not been referred directly from Council. This should be done prior to the initiation of all projects. For items referred to a Board, Commission or Corporation by Council, it is the responsibility of the Chair and Staff Liaison to see that proceedings of the Board, Commission or Corporation fulfill the direction provided by Council in whole and in a timely manner, with appropriate information and context. Prior to a Board, Commission or Corporation undertaking any project or initiative that requires the expenditure of funds, other than those authorized in the approved Town budget, such initiative or project shall be submitted to the Staff Liaison for action by the Town Manager. Responsibilities of the Staff Liaison A member of the Town staff will be assigned to each Board, Commission, or Corporation. The Staff Liaison shall not assume the responsibility or task of the group. Rather, the Staff Liaison shall provide information that group members need to perform their obligations. The Staff Liaison shall also serve as a communication link between members of the group and the Town staff. The Staff Liaison shall be responsible for making periodic reports to the Town Council regarding the activities of his/her Board, Commission or Corporation. The Staff Liaison, when appropriate and in accordance with the Texas Open Meetings Act, shall place an item on the agenda for his/her designated Board, Commission or Corporation to allow the Council Liaison to provide an update regarding the actions, direction and input of the Town Council. Responsibilities of the Council Liaison and Council members A member of the Town Council may be assigned as liaison to each Board, Commission, or Corporation. The Council Liaison shall not assume the responsibility or task of the assigned body. The Council Liaison shall serve as a communication link between the Board, Commission or Corporation and the Town Council. The Council Liaison shall make periodic reports to the Town Council regarding the activities of their assigned Board, Commission or Corporation. In order to maintain appropriate separation of responsibilities between Council and boards, Council Liaisons and Council members are expected to exercise restraint in providing input to boards, but if they choose to do so, shall clearly and definitively state that they are providing input as an individual and do not represent the Council as a body in any way. Council members may freely speak before any Board, Commission or Committee on behalf of their own personal interest and concerns; in which case, they shall publicly state the nature of their interest and/or concern and that they are appearing only in their private capacity. The Council Liaison should communicate with the Chair throughout the year to ensure Boards, Commissions and Corporations focus on their missions and roles and to stay abreast of board activities. Council Liaisons should be accessible to Board, Commission and Corporation Chairs to offer feedback and guidance. Council members and Council Liaisons may address a Board, Commission or Corporation and express his or her individual opinion when that Board, Commission or Corporation is addressing a matter that personally impacts the Council Liaison or his or her personal property or interests; however, all other statements made by Council members or Council Liaisons shall reflect the opinion, advice or direction of a majority of the Town Council. Town Council Page 38 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0127-T Name: Status:Type:Agenda Item Draft File created:In control:2/5/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Regional Mobile Crime Scene Unit Program for the 2015-2016 Fiscal Year; Authorizing the Acting Town Manager or his designee to execute all necessary documents. Attachments:Staff Report - Regional Mobile Crime Scene Unit Grant.pdf Res 2015-03 REGIONAL MOBILE CRIME SCENE UNIT.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Regional Mobile Crime Scene Unit Program for the 2015-2016 Fiscal Year; Authorizing the Acting Town Manager or his designee to execute all necessary documents. Town Council Page 39 of 312 Meeting Date: February 10, 2015 Page 1 of 1 To: Mayor and Town Council From: Patrick Arata CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Consider and take appropriate action regarding a Regional Mobile Crime Scene Unit Grant for the Police Department Explanation: Regional Mobile Crime Scene Unit Grant The Grant provides for the purchase of a fully equipped crime scene vehicle including digital cameras, computer, and crime scene equipment and three to five years worth of supplies. This Grant will provide up to $80,000.00 to the Police Department for the purchase of crime scene equipment and the vehicle to replace the 2008 vehicle in use today. Attachments: Resolution No. 2015-03 - Police Department Regional Mobile Crime Scene Unit Grant Recommendation: Staff recommends Council approve the suggested Grant. Budget impact: There is no impact to the FY15 Budget. Town Council Page 40 of 312 Meeting Date: February 10, 2015 TOWN OF TROPHY CLUB RESOLUTION NO. 2015-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR THE REGIONAL MOBILE CRIME SCENE UNIT PROGRAM FOR THE 2015-2016 FISCAL YEAR: AUTHORIZING THE ACTING TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that the Regional Mobile Crime Scene Program to be operated in the 2015-2016 fiscal year; and WHEREAS, in the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to submit a grant application for the Drug Interdiction and Juvenile Resource Program to the Office of the Governor, Criminal Justice Division; and WHEREAS , The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, The Town of Trophy Club designates Stephen Seidel, Acting Town Manager as the grantee’s authorized official, the authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; Section 1. That the Town of Trophy Club hereby approves the submission of a grant application for the Regional Mobile Crime Scene Program to the Office of the Governor, Criminal Justice Division and authorizes the Acting Town Manager or his designee to execute all necessary documents. Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. Town Council Page 41 of 312 Meeting Date: February 10, 2015 RES 2015-03 Page 2 of 2 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 10TH day of February, 2015. ______________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: ______________________ ______________________________ Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 42 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0109-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the P25 Compliant Radio Transition Program for the 2015-2016 Fiscal Year; designating the Acting Town Manager as the Town's Authorized Official; and authorizing the Acting Town Manager or his designee to execute all necessary documents. Attachments:Staff Report - P25 Compliant Radio Grant.pdf RES 2015-04 P25 Compliant Radio Transition Program.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the P25 Compliant Radio Transition Program for the 2015-2016 Fiscal Year; designating the Acting Town Manager as the Town's Authorized Official; and authorizing the Acting Town Manager or his designee to execute all necessary documents. Town Council Page 43 of 312 Meeting Date: February 10, 2015 Page 1 of 1 To: Mayor and Town Council From: Patrick Arata CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Consider and take appropriate action regarding a P25 Grant for the Police Department Explanation: Gant Adjustment is to change Authorized Official from Mike Slye to Stephen Seidel and to adjust the program line item budget to allow for the expenditure of unspent funds totaling $10,989.37. This funding will be for the purchase of an additional four P25 compliant portable police radios. Attachments: Resolution No. 2015-04 - Police Department P25 Radio Grant Recommendation: Staff recommends Council approve the suggested Grant amendment. Budget impact: There is no impact to the FY15 Budget. The $10,898.27 is unspent grant funds. Town Council Page 44 of 312 Meeting Date: February 10, 2015 TOWN OF TROPHY CLUB RESOLUTION NO. 2015-04 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR THE P25 COMPLIANT RADIO TRANSITION PROGRAM FOR THE 2015-2016 FISCAL YEAR; DESIGNATING THE ACTING TOWN MANAGER AS THE TOWN’S AUTHORIZED OFFICIAL AND AUTHORIZING THE ACTING TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that the P25 Compliant Radio Transition Program to be operated in the 2016-2016 fiscal year; and WHEREAS, in the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to submit a grant application for the Drug Interdiction and Juvenile Resource Program to the Office of the Governor, Criminal Justice Division; and WHEREAS , the Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Town of Trophy Club designates Stephen Seidel, Acting Town Manager as the grantee’s authorized official, the authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; Section 1. The Town of Trophy Club hereby approves the submission of a grant application for the P25 Compliant Radio Transition Program to the Office of the Governor, Criminal Justice Division and authorizes the Acting Town Manager or his designee to execute all necessary documents. Section 2. This Resolution shall become effective from and after its date of passage in accordance with law. Town Council Page 45 of 312 Meeting Date: February 10, 2015 RES 2015-04 Page 2 of 2 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 10th day of February, 2015. ______________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: ______________________ ______________________________ Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 46 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0110-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Drug Interdiction and Juvenile Resource Program for the 2015-2016 Fiscal Year; designing the Acting Town Manager as the Town’s Authorized Official; and authorizing the Acting Town Manager or his designee to execute all necessary documents. Attachments:Staff Report - Drug Interdiction and Juvenile Justice Program Grant.pdf RES 2015-05 Drug Interdiction and Juvenile Resource Program.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Drug Interdiction and Juvenile Resource Program for the 2015- 2016 Fiscal Year; designing the Acting Town Manager as the Town’s Authorized Official; and authorizing the Acting Town Manager or his designee to execute all necessary documents. Town Council Page 47 of 312 Meeting Date: February 10, 2015 Page 1 of 1 To: Mayor and Town Council From: Patrick Arata CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Consider and take appropriate action regarding a Drug Interdiction and Juvenile Justice Program Grant for the Police Department Explanation: Drug Interdiction and Juvenile Justice Program Grant Resolution. This Grant adjustment is to change the Authorized Official from Mike Slye to Stephen Seidel. Attachments: Resolution No. 2015-05 - Drug Interdiction and Juvenile Justice Program Grant Recommendation: Staff recommends Council approve the suggested Grant amendment. Budget impact: Impact of $0.00 Town Council Page 48 of 312 Meeting Date: February 10, 2015 TOWN OF TROPHY CLUB RESOLUTION NO. 2015-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR THE DRUG INTERDICTION AND JUVENILE RESOURCE PROGRAM FOR THE 2015-2016 FISCAL YEAR; DESIGNATING THE ACTING TOWN MANAGER AS THE TOWN’S AUTHORIZED OFFICIAL AND AUTHORIZING THE ACTING TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that the Drug Interdiction and Juvenile Resource Program be operated in the 2015-2016 fiscal year; and WHEREAS, in the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to submit a grant application for the Drug Interdiction and Juvenile Resource Program to the Office of the Governor, Criminal Justice Division; and WHEREAS , the Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Town of Trophy Club designates Stephen Seidel, Acting Town Manager as the grantee’s authorized official, the authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; Section 1. The Town of Trophy Club hereby approves the submission of a grant application for the Drug Interdiction and Juvenile Resource Program to the Office of the Governor, Criminal Justice Division and authorizes the Acting Town Manager or his designee to execute all necessary documents. Section 2. This Resolution shall become effective from and after its date of passage in accordance with law. Town Council Page 49 of 312 Meeting Date: February 10, 2015 RES 2015-05 Page 2 of 2 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 10th day of February, 2015. ______________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: ______________________ ______________________________ Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 50 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0111-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding the Minutes dated November 25, 2014. Attachments:DRAFT TC Minutes November 25, 2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated November 25, 2014. Town Council Page 51 of 312 Meeting Date: February 10, 2015 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, November 25, 2014 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, November 25, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Patrick Arata Police Chief Mayor Sanders announced the date of Tuesday, November 25, 2014 called the Town Council to order and announced a quorum at 6:03 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Council Member Shoffner. CONVENE INTO JOINT SPECIAL SESSION - START TIME – 6:12 P.M. SPECIAL SESSION JOINT MEETING WITH ECONOMIC DEVELOPMENT CORPORATION 4B (EDC 4B) AND TIRZ NO. 1 BOARD ECONOMIC DEVELOPMENT CORPORATION (EDC) 4B MEMBERS PRESENT: Dave Brod Vice President Rebecca Shuman Director Sean Weaver Director Eric Jensen Director ECONOMIC DEVELOPMENT CORPORATION (EDC) 4B MEMBERS ABSENT: Gregory Wilson President Gerald Rapp Secretary/Treasurer Town Council Page 52 of 312 Meeting Date: February 10, 2015 TAX INCREMENT REINVESTMENT ZONE (TIRZ) NO. 1 BOARD MEMBERS PRESENT: Dave Brod Chair Darryl Howard Board Member Jared King Board Member TAX INCREMENT REINVESTMENT ZONE (TIRZ) NO. 1 BOARD MEMBERS ABSENT: Adam Broyles Vice Chair 1. Consider and take appropriate action to reaffirm the Incentive Term Sheet for Old Town Development, previously approved on March 24, 2014 and consider and take appropriate action regarding proposed amendments to the Term Sheet. Town Manager Mike Slye provided a broad overview of the previous action and introduced Old Town Development (OTD) representatives Chris Gordon and Justin Springfield. OTD is seeking to reaffirm the deal sheet from a previous opportunity for a different property in the same area (Trophy Wood). Justin Springfield and Chris Gordon owners of Old Town Development (OTD) provided an overview of OTD’s commitments, history, future and provided a presentation and answered questions from Town Council, EDC4B and TIRZ No. 1. The property is currently under contract and the proposed deal would bring in two to three new destination restaurants to Trophy Club with a possible 2016 opening. The Town Council, EDC 4B Board and TIRZ Board reviewed the previous Term Sheet and suggested possible changes for an updated document. Attachment A – OTD Presentation Attachment B – Term Sheet (redlined) Attachment C – Executed Term Sheet COUNCIL RECESSED - 8:03 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 8:18 P.M. TIRZ No. 1 Motion made by Board Member King, seconded by Board Member Howard to accept the term sheet as amended this evening. Motion carried unanimously. EDC 4B Motion made by Chairman Brod, seconded by Director Weaver to accept the term sheet as amended this evening. Motion carried unanimously. Town Council Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to accept the term sheet as amended this evening. Motion passed unanimously. Motion made by Board Member King seconded by Darryl Howard to adjourn. Motion carried unanimously. TIRZ No. 1 Board meeting adjourned at 9:14 p.m. Motion made by Director Sean Weaver seconded by Director Shuman to adjourn. Motion carried unanimously. EDC 4B Board meeting adjourned at 9:14 p.m. Town Council Page 53 of 312 Meeting Date: February 10, 2015 TOWN COUNCIL ADJOURNED JOINT SESSION AND RECONVENE INTO REGULAR SESSION – 9:16 P.M. 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. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Citizen Presentations was moved prior to the Joint Meeting Laura Bathgate, 11 Wentworth Court, property backs up to a property that raises chickens. It is a nuisance, odor, would like fowl turkey, peacocks and duck be included in the prohibited fowl. Please consider how you would want this if you lived near this. Susan Edstrom, 269 Oak Hill Drive provided an update regarding the 30th Anniversary celebration festivities Attachment D – 30th Anniversary Presentation CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2. Consider and take appropriate action regarding the Minutes dated September 9, 2014. 3. Consider and take appropriate action regarding the Minutes October 28, 2014. 4. Consider and take appropriate action regarding an Ordinance of the Town repealing Ordinance 2014-09 and Ordinance No. 2014-19 creating and amending Tax Increment Reinvestment Zone No. Two, Town of Trophy Club, Texas (TIRZ No.2); and providing an effective date. 5. Consider and take appropriate action regarding a Resolution of the Town Council repealing Resolution No. 2014-08 appointing citizens to serve on the Board of Directors of Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas; and providing an effective date. 6. Consider and take appropriate action regarding the resignation of Town Secretary /RMO Tammy Ard. 7. Consider and take appropriate action to appoint Tammy Ard as the interim Town Secretary/RMO until a permanent Town Secretary/RMO is hired. Council Member Shoffner requested to remove agenda items 6 & 7. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Consent Agenda items 2, 3, 4 and 5. Motion passed unanimously. Main Motion Motion made by Council Member Shoffner, seconded by Council Member Rowe to accept the resignation of Town Secretary /RMO Tammy Ard terminate her employment agreement and not use Town Secretary /RMO Tammy Ard in the interim until a permanent Town Secretary/RMO is hired. Town Council Page 54 of 312 Meeting Date: February 10, 2015 Substitute Motion Mayor Pro Tem Lamont seconded by Council Member Parrow accept the resignation of Town Secretary /RMO Tammy Ard terminate her employment agreement and use Town Secretary /RMO Tammy Ard in the interim until a permanent/temporary replacement Town Secretary/RMO is hired. Motion fails 2-5-0 with Mayor Pro Tem Lamont and Council Member Kurtz voting for and Council Member Parrow, Council Member Reed, Council Member Rowe, Council Member Shoffner and Mayor Sanders voting against. Main motion Motion carries 4-3-0 with Council Member Parrow, Council Member Reed, Council Member Rowe, and Council Member Shoffner voting for and Mayor Pro Tem Lamont, Mayor Sanders and Council Member Kurtz voting against. Mayor Sanders rules agenda item #7 out of order since this was handled in agenda item #6. After advice from Town Attorney relating to the need to designate an acting Town Secretary, Council member Rowe moved to reconsider the previous motion in agenda item #6 seconded by Council Member Reed. Main Motion brought back Motion made by Council Member Shoffner, seconded by Council Member Rowe to accept the resignation of Town Secretary /RMO Tammy Ard terminate her employment agreement and not use Town Secretary /RMO Tammy Ard in the interim until a permanent Town Secretary/RMO is hired. Substitute motion Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont to accept the resignation of Town Secretary /RMO Tammy Ard and continue her current terms of employment until such time that a permanent/temporary replacement Town Secretary/RMO is obtained. Motion carries 6-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, Council Member Rowe, Council Member Reed, Council Member Kurtz and Council Member Parrow voting for and Council Member Shoffner voting against. Mayor Sanders called the Town Council back into Joint Session with the EDC4B Board and the TIRZ Board at 8:54 P.M. (refer back to agenda item #1) Chairman Brod called the EDC4B Board back into Joint Session at 8:54 P.M. Chairman Brod called the TIRZ No. 1 Board back into Joint Session at 8:54 P.M ADJOURN JOINT SESSION AND RECONVENE INTO REGULAR SESSION – 9:16 P.M. REGULAR SESSION 8. Update and discussion regarding capping and removing well equipment on six gas well sites. Matt Jones, Senior Planner provided an update and answered questions regarding the Vantage Energy well capping and removing the well equipment on six (6) gas well sites and seventeen (17) well holes. The sites are currently zoned residential and the ordinance states that the sites must be restored back to there pre-drilling condition within 60 days as practical as possible. Vantage has agreed to seed those properties in the spring. A suggestion was made to hold a citizen meeting regarding the walls to gather feedback regarding what residents would like to see happen with the walls (stay up or come down). Dennis Sheridan, 1 Hillcrest Court, addressed the council regarding well sites versus the wells. No action taken, discussion only. Town Council Page 55 of 312 Meeting Date: February 10, 2015 9. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Moved this item prior to agenda item #8. Main motion Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to approve Resolution 2014-44 to appoint David Brod as Chair of TIRZ No. 1, reaffirm Carol Sims to expire 2015, Darryl Howard to expire 2016, Jared King to expire 2015, and not reaffirming Adam. Substitute motion Motion made by Mayor Sanders to approve Resolution 2014-44 appoint David Brod as Chair and reaffirm all other appointments. Substitute motion failed for lack of a second. Amended motion Motion made by Council Member Rowe to approve Resolution 2014-44 appoint David Brod as Chair, and reaffirm all other appointments including Adam Broyles term expiring 2016 requesting the Town Manager to request his intentions regarding recusing himself and report back to council. Substitute motion failed for lack of a second. Motion made by Mayor Sanders and seconded by Mayor Pro Tem Lamont to refer this item to a future agenda. Motion passed unanimously. 10. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club providing for increased prior and current service annuities (repeating or ad hoc) under the act governing the Texas Municipal Retirement System (“TMRS”) for retirees and beneficiaries of deceased retirees of the Town of Trophy Club, and establishing an effective date for the ordinance. Attachment E – Executed Ordinance 2014-40 Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, adopting Ordinance 2014-40 providing for 30% participation rate of an annual CPI adjustment on a repeating basis with an effective date of January 1, 2015. Motion carried 6-1-0 with Council Member Parrow, Council Member Reed, Council Member Rowe, Mayor Sanders, Mayor Pro Tem Lamont and Council Member Kurtz, voting for and Council Member Shoffner voting against. 11. Consider and take appropriate action to reschedule the date for the December Town Council regular session meeting to December 9, 2014 and schedule a special called meeting to review site plans for joint Town Hall and Police facility with GSBS Architects. Motion made by Council Member Reed, seconded by Council Member Rowe, to have the regular Town Council meeting on Tuesday, December 9, 2014 and a special session meeting with GSBS on Thursday, December 18, 2014. Motion passed unanimously. Town Council Page 56 of 312 Meeting Date: February 10, 2015 12. Consider and take appropriate action concerning the purchase and implementation of Active Net software to be used by the Parks and Recreation Department; and authorizing the Mayor or his designee to execute all necessary documents. Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve the purchase of Active Net software as proposed with the partial funding coming from the Trophy Club Park funds. Motion passed unanimously. 13. Consider and take appropriate action regarding the appointment of a hiring committee for a new Town Secretary/RMO. Council provided input and reviewed a Job Description for the Town Secretary/RMO position. Original Motion Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve appointing Mayor Sanders, Council Member Shoffner and Town Manager Slye a hiring committee for to a new Town Secretary/RMO. Amended motion Motion made by Council Member Rowe and seconded by Council Member Reed appointing Mayor Sanders, Council Member Shoffner, Town Manager Slye and Council Member Rowe to a hiring committee for a new Town Secretary/RMO. Motion passed unanimously. Original Motion Motion passed unanimously. 14. Consider and take appropriate action regarding an Ordinance of the Town amending various sections of Article I, “Animals” of Chapter II, “Animal Control” of the Code of Ordinances, to adopt regulations regarding the keeping of Fowl within the corporate limits of the Town; providing for regulations relative to enclosures, setbacks for coops, nuisances and other related matters; providing a penalty for violations; and providing an effective date. Item moved after agenda item #9 Susan Edstrom, 269 Oak Hill Drive requesting this item be sent back to the Animal Shelter Advisory Board for review and recommendation. Original Motion Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to refer this item to the Animal Shelter Advisory Board for review and recommendation for Council consideration. Amended motion Motion made by Council Member Shoffner, seconded by Council Member Rowe to refer this item to the Animal Shelter Advisory Board for review and recommendation and review of chapter two animal control in the code of ordinances. Motion passed unanimously. Original motion Motion passed unanimously. Town Council Page 57 of 312 Meeting Date: February 10, 2015 Council indicated that a possible Workshop between the Council and Animal Shelter Advisory Board would be helpful. 15. Town Council Liaison Updates; discussion of same: • Parks & Recreation Board - November 17th Council Liaison - Council Member Shoffner 16. Town Manager Slye's update regarding the following; discussion and provide input regarding same. • Transportation Update ∼ Indian Creek Project ∼ 114 • Human Resources Update ∼ Human Resources ∼ Director of Finance • Parks & Recreation ∼ Christmas Celebration, December 6th • Crosswalk Safety Improvements • Food Drive for Roanoke Food Pantry Town Manager Slye updated the Council and addressed questions; no action taken, update only. 17. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. No changes were made to the list. EXECUTIVE SESSION 18. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations CONVENE INTO EXECUTIVE SESSION – START TIME – 10:45 P.M. RECONVENE INTO REGULAR SESSION – START TIME – 11:03 P.M. RECONVENE INTO REGULAR SESSION 19. Consider and take appropriate action regarding the Executive Session. No action taken. Town Council Page 58 of 312 Meeting Date: February 10, 2015 ADJOURN Motion made by Council Member Kurtz, seconded by Council Member Parrow, to adjourn. Motion carried unanimously. Meeting adjourned at 11:04 p.m. ___________________________________ ___________________________________ Tammy Ard, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 59 of 312 Meeting Date: February 10, 2015 ATTACHMENT A OTD Presentation Town Council Page 60 of 312 Meeting Date: February 10, 2015 Town Council Page 61 of 312 Meeting Date: February 10, 2015 OLD TOWN DEVELOPMENT CONSTRUCTION MANAGEMENT - Bidding Process - Field Construction Management - Tenant Finish Out - Due Diligence - F,F, & E Wholesale Purchasing - Scheduling CONTRACTS & FINANCE - Budgeting - Contracts & Lease Administration - Underwriting - Strategic Planning - Banker Relations - Lease Terminations MARKETING & PUBLIC RELATIONS - Market Analysis - Strategic Communications - Demographic Studies - Organic Demographics* - Promotions and Special Event Planning - Media Kits Mission Old Town Development’s focus is to become a pioneer in projects identified by cities as a key catalysts for future development and growth. Old Town Development’s urban focus is ground up construction of destination dining locations that will fulfill the current untapped demand and gaps in the market. Old Town Development’s suburban downtown goal is to maintain the character and identity these communities receive from small-town operations that have been lost over the years HISTORIC DOWNTOWN REVITALIZATION - Pre-Development Planning - Consultant Selection - Site Selection - Due Diligence - 4A & 4B Grant Funding - Contracts Town Council Page 62 of 312 Meeting Date: February 10, 2015 OLD TOWN DEVELOPMENT COMMITMENTS: HISTORY & FUTURE ROANOKE TOWN CENTER 101 S. Oak Street Roanoke, TX 72626 Twisted Root Burger, Inzo, Tacos & Avocados 11,320 SF GLA 15Y Leases 100% Occ 2009 2011 HARD EIGHT BBQ ROANOKE 205 S. Oak Street Roanoke, TX 72626 Hard Eight BBQ Single Tenant Restaurant 9,393 SF GLA 20Y Lease LAST 3 COMPLETED PROJECTS NEXT 3 PIPELINE PROJECTS 2014 2016 MONROE PEARSON WAREHOUSE 421 E. Oak Street Denton, TX 76201 Boutique Multi-Family Sold project in Dec 2012 31,849 SF 2011 MATT’S TEX MEX ROANOKE 113 N. Oak Street Roanoke, TX 76262 Matt’s Tex Mex 5th Dallas Location 8,867 SF GLA LEWISVILLE TOWN SQUARE Church & Charles Lewisville, TX 3 Destination Dining Restaurant sites ~15,500 SF GLA + 10,000 SF Green Space 2015 TROPHY CLUB Public/Private Partnership Hwy Frontage 3 Destination Dining Restaurants ~18,000 SF GLA Town Council Page 63 of 312 Meeting Date: February 10, 2015 ROANOKE TOWN CENTER OLD TOWN DEVELOPMENT, LLC 101 S. Oak Street Roanoke, TX 76262 The Business plan is centered around capitalizing on what is currently an affluent yet undeveloped area of North TX. The Sponsorship acquired the Property and finished construction of 11 ,320 sf in July 2009 with 2 anchor tenants; Twisted Root Burger Co. and Tacos & Avocados. Inzo Italian Kitchen opened July 2010. 15 YR PROJECTED ROANOKE ECONOMIC IMPACT: $1.61M at 2% Tax JOB CREATION: >127,400 hours/yr and 65 Full Time Employees Town Council Page 64 of 312 Meeting Date: February 10, 2015 HARD EIGHT BBQ ROANOKE METROPORT PROPERTIES, LP 205 S. Oak Street Roanoke, TX 76262 The Business plan is centered around a long term relationship with Hard Eight BBQ. Metroport Properties, LP has been retained to research all future target markets such as Arlington, Lubbock, College Station, Dripping Springs, Frisco, and many more. 15 YR PROJECTED ROANOKE ECONOMIC IMPACT: $1.78M at 2% Tax JOB CREATION: >50,000 hours/yr and 25 Full Time Employees Town Council Page 65 of 312 Meeting Date: February 10, 2015 MATT’S TEX MEX ROANOKE GORDINGFIELD, LLC 113 N. OAK Street Roanoke, TX 76262 Based upon the reputation and history that OTD has established with the City of Roanoke, OTD and the Roanoke 4B Economic Development Corporation entered a Joint Venture. Matt’s Tex Mex signed a l5-year lease for 8,867sf. Projected to open August 2014 JOB CREATION: >45,000 hours/yr and 22 Full Time Employee 15 YR PROJECTED ROANOKE ECONOMIC IMPACT: $1.44M at 2% Tax Town Council Page 66 of 312 Meeting Date: February 10, 2015 SITE 3 Single Tenant Restaurant Site ~15,500sf GLA + 10,000sf Green Space Thoroughfare of I 35E & Hwy 121N PTA: Restaurant Gap: $26M 15 YEAR PROJECTIONS JOB CREATION: 100 FTE >200K hours/yr & 3M hours/15yrs ECONOMIC IMPACT: $2.25-$3.41M Total $1.93-$3.02M at 1.5% Tax LEWISVILLE TOWN SQUARE SITE Town Council Page 67 of 312 Meeting Date: February 10, 2015 OLD TOWN DEVELOPMENT 15 YEAR DIRECT ECONOMIC IMPACT ROANOKE TOWN CENTER $1.61M at 2% Tax 127,400 Hours of Employment / Year 65 FT/PT Employees 2009 2011 HARD EIGHT BBQ ROANOKE $1.78M at 2% Tax 50,000+ Hours of Employment / Year 25 Full Time Employees LAST 3 PROJECTS NEXT 3 PROJECTS 2015 2016 2014 TRUCK YARD ARLINGTON $1.33M at 2% Tax 60.000 Hours of Employment / Year 30 FT/PT Employees MATT’S TEX MEX ROANOKE $1.44M at 2% Tax 45,000 Hours of Employment / Year 22 Full Time Employees LEWISVILLE TOWN SQUARE $4.05M at 2% Tax 200,000+ Hours of Employment / Year 100 Full Time Employees 2015 TROPHY CLUB **20 Year: $5.676M** 192,000 Hours of Employment / Year 120 FT/PT Employees Town Council Page 68 of 312 Meeting Date: February 10, 2015 Town Council Page 69 of 312 Meeting Date: February 10, 2015 Town Council Page 70 of 312 Meeting Date: February 10, 2015 Town Council Page 71 of 312 Meeting Date: February 10, 2015 Town Council Page 72 of 312 Meeting Date: February 10, 2015 Town Council Page 73 of 312 Meeting Date: February 10, 2015 Town Council Page 74 of 312 Meeting Date: February 10, 2015 Town Council Page 75 of 312 Meeting Date: February 10, 2015 Town Council Page 76 of 312 Meeting Date: February 10, 2015 Town Council Page 77 of 312 Meeting Date: February 10, 2015 Town Council Page 78 of 312 Meeting Date: February 10, 2015 Town Council Page 79 of 312 Meeting Date: February 10, 2015 ATTACHMENT B Term Sheet (redlined) Town Council Page 80 of 312 Meeting Date: February 10, 2015 TERM SHEET FOR A PUBLIC-PRIVATE PARTNERSHIP Between THE TOWN OF TROPHY CLUB, TEXAS (“TOWN”), TAX INCREMENT FINANCING DISTRICT #1 (TIRZ #1) THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B (“EDC”) And OLD TOWN DEVELOPMENT, LLC (“OTD”) or as assigns 1. Background: Old Town Development, LLC (“OTD”) or as assignstTD seeks to purchase an approximately 3.3795.4 acre tract of land generally located in the Trophy Wood Plaza project comprised of Lots 1, 2 & 3 (the “Property”). OTDown between the Baylor Medical Center and Trophy Wood Drive and proposes to construct development consisting of 3 – 4 restaurants which will generate ad valorem and sales tax revenue to the Town. 2. Proposed Development and Obligations: OTD proposes to develop the Property in accordance with PD-34 25 and all other Town ordinances and to timely comply with each of the following development standards for the project (the “Development”): a. Purchase approximately 3.3795.4 acres at 1486,797,005 SF to develop 3 – 4 high quality restaurants as specified below. b. For incentive purposes, the price per acre for the land shall not exceed $7.25/ft for a maximum total purchase price of $1,705,374. 073,036.2564,278.25 c. Make all public and private improvements which shall exceed $2,2,53,000,000 appraised value in accordance with the time frames set forth below. d. Each restaurant must sign, at minimum, a lease with a 10 year initial term. e. ProvideConstruct two (2) executed restaurant leasess and obtain a Certificate of Occupancy for both within twenty-four (24) months of the date of the executed Town approval of the final Trophy Club Developerr’s Agreement and obtain. two (2) Construct a third restaurant and obtain a Certificates of Occupancy within thirty-six (36) months of executed Town approval of the final Trophy Club Developer Agreement. f. OTD shall provide two (2) separate restaurant quarterly gross sales to the Town within ten (10) days following the end of each quarter, and shall end upon date of termination of the Developer Agreement. g. Comply with all other requirements set forth below. 3. Estimated Appraised Value, Job Creation, and Gross Sales Generation: The eventual Estimated Appraised Value and Gross Sales production of the Proposed Development is anticipated to be at least $12.8 Million per year within 5 years of receiving their first two Certificates of Occupancy. The estimated property tax and sales tax generation to the Town is estimated to be $250,000 per year within 5 years of receiving both of their first two Certificates of Occupancy. **No guarantees, just an outline of projections** Town Council Page 81 of 312 Meeting Date: February 10, 2015 Within 48 months from date of the executed dDeveloper Aagreement, OTD shall provide current count for Full Time, Part Time and annual hours worked. Town goal is to ensure establishments are of high quality with and projections of 100 Full Time Employees (FTE) are maintained or 192,000 work hours are maintained annually for the restaurant sites. NOTE: Language states that this is a “goal” so there is no need for guarantee disclaimer. EDC Obligations: Pursuant to a Chapter 380 sales tax reimbursement agreement, the EDC will designate a portion of their annual budget to pay OTD’s lender an amount not to exceed $1,705,374064,278.2573,036.25 (purchase price excluding interest) upon OTD’s compliance with all conditions set forth in this section. EDC shall have the rights and remedies set forth below, and all payments shall be contingent upon OTD’s compliance with each of the following conditions: 4. 3. a. Payment Terms by EDC and Certificate of Occupancy Deadline. Upon OTD’s closing on the purchase of the Property and execution of a Developer’s Agreement, EDC shall pay OTD’s lender OTD or OTD’s lender monthly payments in the amount of $11,731.0811,731.08, for a period of twenty-four (24) months with a total annual payment not to exceed $140,773140,773 to OTD’s lender annuallyfor a period of twenty (20) years, which amount is the equivalent of principalle and interest for the property purchased by OTD during the twenty- four (24) month period. at a price of $7.25/SF for lump sum payment in an amount not to exceed $1,705,374073,036.2564,278.25 purchase price for approximately 3.3795.4 acres (the “Property”). OTD is solely responsible for any purchase price that exceeds either the $7.25/ft or $1,073,036.2564,278.25705,374. If at the end of the twenty-four (24) month period, OTD has failed to obtain two (2) Certificates of Occupancyexecuted leases, then Town’s obligations thereafter shall terminate and EDC shall have the rights set forth in Section 4.b (below), unless the parties agree to an extension of time. Further, if OTD fails to obtain a two (2) Certificates of Occupancy for each of the two (2) separatea third restaurant sites within thirty-six (36) months after the execution of the Developer Agreement, all obligations of EDC thereafter hereunder shall terminate, unless the parties agree to an extension, and EDC shall have the rights set forth in Sections 4.b and 4.f (below). All time periods to obtain Certificates of Occupancy begin on the date upon which when the Developer Agreement is executed by the last party signing the Agreement. parties. If at the end of the initial twenty-four (24) month period, OTD has complied with its obligations under this Section, EDC shall make monthly payments through the end of the thirty-six (36) month period. If at the end of the thirty-six (36) month period, OTD has complied with all obligations, EDC will continue with payments to the mortgage holder and equity holderOTD’s lender pursuant to the Developer Agreement for a period of seven (7) additional years at an interest rate not exceed Town Council Page 82 of 312 Meeting Date: February 10, 2015 five (5) percent (5%). If EDC has exercised its right to step into OTD’s shoespurchase the Property pursuant to Section 4.b (below) and pay the note, then EDC shall continue making payments to the mortgage holder and equity holderOTD’s lender on its own behalf and OTD shall not be a party or beneficiary thereof, but shall comply with all of its obligations as set forth under Section 4.b (below). b. EDC/Town’s Right to Purchase. The right of EDC and/or Town Town’s right to purchase or require transfer of the Property shall be available at the end of the twenty four (24) month period and again at the end of the thirty-six (36) month period if OTD fails to comply with the requirements of Section 4.a (above). OTD and Town, and TownEDC, at the sole discretion ofof the TownTown and EDC, shall structure the purchase agreement bank financing agreement(s) and Developers Agreement for the Property such that Town or EDC has the right to step into OTD’s shoes as the purchaser of the Property and/or OTD is required to transfer title to the Property to to the EDC or Town if upon EDC’s payment of $281,546281,546, OTD has failed to comply with its obligations under Section 4.a (above). obtain two (2) Certificates of Occupancy for two separate restaurant sites. All payments made by EDC Town to OTD shall be paid directly to OTD’s lenderthe mortgage holder and equity holder for satisfaction of OTD’s loan to purchase the Property. NOTE: We want to be able to review the language within the financing agreement that allows the Town Right of First Refusal and/or assumption of note. c. Prepayment by EDC. The EDC has the right to pay the total principalle amount to OTD’s lender at any time during the agreement term without penalty, as well as make additional principleprincipal payments without penalty. NOTE: We want to review the language within the financing agreement that specifies no pre-payment penalty d. Discretionary Sale by OTD. The Town or EDC shall have the Right of First Refusal if OTD desires to sell the Property with or without infrastructure improvements at any time during the term of the Developer Agreement and until such time as all threetwo (2) (3)3 restaurants have received Certificate of Occupancies. At which point as OTD complies with all of its obligations under Section 4.a (above)dditionally, neither Town nor EDC will no longer has have a right of First Refusal, and should OTD desire to sell the Property, the Town, EDC, and TIRZ #1 shall have the right to reasonably approve any and all future purchasers of the Propertythe Developer Agreementproperty during the term of the Developer Agreement. Upon approval by Town, EDC and TIRZ #1 of the proposed purchaser of the Property, Developer Agreement shall be fully transferrable upon EDC approval of purchaserto the approved purchaser. Refusal must be within reasonTown, EDC and TIRZ#1 approval shall not be unreasonably withheld. Town Council Page 83 of 312 Meeting Date: February 10, 2015 e. Lien Status. The EDC shall have hold 2nd 1st lien status, however any such lien status of TownEDC will be subordinate to lenders position on all phases of development until certain all required certain milestones as are metset forth in Section 4.a (above) and in the Developer Agreement have been met by OTD. tus until a construction loan is obtained by OTD and then the EDC shall retain 2nd lien status.NOTE: We want to review the language within the financing agreement that states the Town has the right to the property and assumption of the note. If OTD fails to obtain a Certificate of Occupancy for a third restaurant site within 36 months after the executionapproval of the Developer Agreement, all obligations of EDC hereunder thereafter shall terminate. All time periods to obtain Certificates of Occupancy begin when the Developer Agreement executed by the partiesis approved by the Town Council. f. Termination of Developer Agreement. In addition to the rights and remedies provided to Town and EDC pursuant to Section 4.a and 4.b above for the failure of OTD to comply with the requirements of those Sections, Tthe Developer Agreement will shall terminate, unless the parties agree to an extension of time, with no further obligation or payment of any kind by Town or EDC to OTD lender, if upon at the expiration of thirty-six (36) months after the date of Town Council approvalexecution of the Developer Agreement (defined above) by both parties, OTD has failed to timely comply with every term of the Developer Agreement and/or has failed to obtain at least three (3)two (2) Certificates of Occupancy for twothree (23) separate restaurant sites within thirty-six (36) months after approval execution of the Developer Agreement. At which point, provisions locatedset forth in within Section 4.b (above) is enacted. . If OTD complies with Sections 4.a, 4.b, 4.c, and 4.d (above), the EDC obligation to OTD shall terminate at the conclusion of a term not to exceed ten (10) years from the date of the executed Developers Agreement by both parties or payment in full of initial principleprincipal of $1,064,278.25 (purchase price excluding interest), whichever occurs first, notwithstanding the Town’s rights pursuant to Section 4.c (above). Town’s right to purchase or require transfer of the Property shall also be available at the end of the thirty-six (36) month period if OTD fails to comply. g. Dissolution or Bankruptcy of OTD. If OTD ceases to exist or files for bankruptcy, the EDC shall be excused from making any future payments to OTD’s lender, and all agreements shall terminate as allowed by law. Notwithstanding the foregoing, Town’s rights pursuant to Section 4.b (above), shall survive termination of the Developer’s Agreement. a. Within 48 months from date of the executed developer agreement, OTDD shall provide current count for Full Time, Part Time and annual hours worked. City goal is to ensure establishments are of high quality with projections of ensure that a minimum of 100 Full Time Employees (FTE) are maintained or 192,000 work Town Council Page 84 of 312 Meeting Date: February 10, 2015 hours are maintained annually for the restaurant sites continuously. (no guarantees, just projections)This standard shall be met by OTD within forty eight (48) months from the date of the approval of the Developer’s Agreement and shall continue until the date of termination of the Developer’s Agreement. b.h. Force Majeure. OTD may request additional time for compliance of its obligations hereunder based upon good cause for force majeure or other causes of delay as determined acceptable by TownTown, EDC and TIRZ #1. 4.5.TIRZ #1 Obligations: The TIRZ #1 (the “TIRZ”) shall reimburse OTD’s lender eligible expenses contingent upon the following conditions: a. Incentive Amount, Term and Public Improvements. OTD shall be eligible for up to $1,000500,,,000 (excluding interest) for eligible public improvements including, but not limited to, curb and gutter, concrete parking, site lighting, landscaping, public utilities, permit fees, sidewalks, site preparation, engineering and interest carry. OTD shall submit to Town staff proposed public improvements for approval with appropriate bid and invoice documentation. Town staff must approve proposed improvements prior to payment. Additionally, OTD shall comply with all applicable Town development regulations. The TIRZ shall pay to OTD’s lender a percentage rate not to exceed sixty (60) percent of total increment revenue generated from the entire TIRZ #1 for twenty (20) years, or until such time as a maximum amount of $1,000,000 (excluding interest), whichever occurs first. The TIRZ has the right to pay the total principal amount to OTD’s lender at any time during the term of the Developer Aagreement term without penalty, as well as to make additional principal payments as determined in the sole discretion of TIRZ #1 without prepayment penalty. b. TIRZ First Priority. OTD shall have have “first priority” of revenue and payment from TIRZ #1 at a percentage rate not to exceed sixty (736073) percent% of total increment revenue generated from the entire TIRZ #1. c. Payment Terms by TIRZ and Certificate of Occupancy Deadlines. TIRZ reimbursement shall occur monthly on a date agreed upon by the parties and as set forth by Section 5.c. No TIRZ payment shall be made to OTD’s lender until such time as a Certificates of Occupancy for two (2) separate restaurants have been obtained by OTD and payment will only be made if both Certificates of Occupancy are issued within twenty-fourthirty-six (3624) months following the date of Town approvalexecution of the Developer’s Agreement by both parties. Subsequent payments are contingent upon receiving a third restaurant Certificate of Obligation with thirty-six (36) months of the date of date of Town approval execution of the Developer’s Agreement. The Agreement will terminate with no obligation to TIRZ if twenty-thirty-sixfour (3624) months have passed from the date of execution of the Developer’s Agreement and a Certificate of Occupancy for two (2) separate restaurants hass not been issued. Likewise, TIRZ shall have Town Council Page 85 of 312 Meeting Date: February 10, 2015 no additional obligations if thirty-six (36) months have passed from the date of the Developer’s Agreement, and a Certificate of Occupancy for a third restaurant site has not been obtained by OTD. 1. Lump Sum Payment. Upon issuance of a Certificate of Occupancy for two (2) separate restaurant sites within twenty-fourthirty-six (3624) months of the executed Developer Agreement, OTD’s lender shall be entitled to a $400,000 payment from the Town as part of the total $1,000,000 TIRZ incentive. The TIRZ shall repay the Town $400,000 from 40% of the total increment revenue generated by the TIRZ, including interest if desired by the Town. The Town shall share “first priority” of revenue and payment with OTD at the designated percentage rates. 2. Performance Payment Reductions. During years 6-20 after the date of the execution of the Developer’s Agreement, if a restaurant is vacant for a period of twelve (12) months + one (1) day without either one or a combination of the following occurrences: Letter Of Intent, Building Permit, or Certificate of Occupancy, the TIRZ payment shall be reduced by the total proportional contribution to the TIRZ (ad valorem & sales tax) by the former restaurant’s highest incremental value generated. For Example, if the restaurant generated $10,000 to the TIRZ and the total TIRZ payment due to OTD was $20,000, then the $20,000 payment would be reduced by $10,000 until Building Permits are filed for new restaurant. Section 5.c.2 is not applicable once the $1,000,000 (excluding interest) is paid in full to OTD. STEPHEN Should this be “once the payment is made under Section 5.a or $1,000,000. d. Termination of Developer Agreement. The Developer Agreement willshall terminate with no further payment of any kind by TIRZ to OTD’s lender, if at the expiration of thirty-six (36) months after the date of execution of the Developer Agreement by both parties, OTD has failed to timely comply with every term of the Developer Agreement and/or has failed to obtain at least threetwo (32) Certificates of Occupancy for three two (2(3) separate restaurant sites within thirty-six (36) months after execution of the Developer Agreement. Notwithstanding the foregoing, Town’s rights pursuant to Section 4.b (above), shall survive termination of the Developer’s Agreement. e. Dissolution or Bankruptcy of OTD. If OTD ceases to exist or files for bankruptcy, the TIRZ shall be excused from making any future payments to OTD’s lender, and all agreements shall terminate as allowed by law. Notwithstanding the foregoing, Town’s rights pursuant to Section 4.b (above), shall survive termination of the Developer’s Agreement. Town Council Page 86 of 312 Meeting Date: February 10, 2015 _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas _______________________________ Vice President, David Brod EDC-4B, Town of Trophy Club, Texas _______________________________ Chair, David Brod TIRZ #1, Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: _______________________________ _______________________________ Town Secretary, Tammy Ard Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town of Trophy Club, Texas _______________________________ _______________________________ Chris Gordon Justin Springfield Old Town Development, LLC or as assigns Old Town Development, LLC or as assigns Town Council Page 87 of 312 Meeting Date: February 10, 2015 a. If OTD ceases to exist or files for bankruptcy, the TIRZ shall be excused from making any future payments to OTD, and all agreements shall terminate as allowed by law. b. During years 6-20 after the date of Town approval of the Developer’s Agreement, if a restaurant is vacant for a period of twelve (12) months + one (1) day without either one or a combination of the following occurrences: Letter Of Intent, Building Permit, or Certificate of Occupancy, the TIRZ payment shall be reduced by the total proportional contribution to the TIRZ (ad valorem & sales tax) by the former restaurant’s highest incremental value generated. For Example, if the restaurant generated $10,000 to the TIRZ and the total TIRZ payment due to OTD was $20,000, then the $20,000 payment would be reduced by $10,000 until Permits are filed for new restaurant. . c. Upon issuance of a Certificate of Occupancy for two restaurant sites within 24 months of executed Developer Agreement, OTD shall be entitled to a $400,000 payment from the Town as part of the total $1,0500,000 TIRZ incentive. The TIRZ shall repay the Town $400,000 from 2727% of the total increment revenue generated by the TIRZ, including interest if desired by the Town. The Town shall share “first priority” of revenue and payment with OTD at the designated percentage rates. d. TIRZ reimbursement shall occur annually monthly on a date agreed upon by the parties. *TIRZ infrastructure improvements will likely be under the conditions of a normal loan with monthly amortization * Town Council Page 88 of 312 Meeting Date: February 10, 2015 ATTACHMENT C Executed Term Sheet Town Council Page 89 of 312 Meeting Date: February 10, 2015 T o w n C o u n c i l P a g e 9 0 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 9 1 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 9 2 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 9 3 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 9 4 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 9 5 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 ATTACHMENT D 30th Anniversary Presentation Town Council Page 96 of 312 Meeting Date: February 10, 2015 30th Birthday Celebration Update November 25, 2014 Town Council Page 97 of 312 Meeting Date: February 10, 2015 Art Contest Update •The contest kicks off the celebration. •Open to kids grades 4-12 who attend Trophy Club schools or those who live in Trophy Club and are home schooled or attend private school •The winner’s art will be made into commemorative notecards and the two top winner’s art will be framed and auctioned at one of our future events Town Council Page 98 of 312 Meeting Date: February 10, 2015 Founder’s Day •January 17, 2015 – an event at the Trophy Club Country Club o Timing: 6:30-9:00 o Cost per person $25 •Tentative plans for the evening o We want a casual evening to allow old and new council and MUD Directors and citizens the opportunity to mingle o Working with the Westlake historical society, residents and other organizations gathering history for display o We will announce the winner of the Art Contest and hope to have a prominent figure to be with us Town Council Page 99 of 312 Meeting Date: February 10, 2015 T-Shirt Design Town Council Page 100 of 312 Meeting Date: February 10, 2015 Social Media •WEBSITE – celebratetrophyclub.com Town Council Page 101 of 312 Meeting Date: February 10, 2015 Social Media •FACEBOOK – Celebrate Trophy Club Town Council Page 102 of 312 Meeting Date: February 10, 2015 Social Media •TOWN’S SITE Town Council Page 103 of 312 Meeting Date: February 10, 2015 Other Events •Eggstravaganza •July 4th •Labor Day (two day event) •Water Fest (participate with MUD) •Golf Tournament Town Council Page 104 of 312 Meeting Date: February 10, 2015 Where we need you! •We want resident input for our blog and photos for our website •Not on social media? Call us we’ll have someone interview you. •Theme … Remember Trophy Club When …. o If you grew up here and stayed here or if you grew up, moved away and came back to raise your family … we want you to contact us! o We are also looking for residents who have multiple generations who live here. •We need more Committee members Town Council Page 105 of 312 Meeting Date: February 10, 2015 ATTACHMENT E Executed Ordinance 2014-40 Town Council Page 106 of 312 Meeting Date: February 10, 2015 T o w n C o u n c i l P a g e 1 0 7 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 0 8 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0125-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/3/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding the Minutes dated December 18, 2014. Attachments:DRAFT TC Minutes December 18, 2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated December 18, 2014. Town Council Page 109 of 312 Meeting Date: February 10, 2015 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Thursday, December 18, 2014 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Thursday, December 18, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Tim Kurtz Council Member, Place 4 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patrick Arata Police Chief Mayor Sanders announced the date of Thursday, December 18, 2014 called the Town Council to order and announced a quorum at 6:06 p.m. The Invocation was offered by Mayor Sanders. The Pledges were led by Town Manager Slye. SPECIAL SESSION JOINT MEETING WITH THE PLANNING & ZONING COMMISSION JOINT SESSION 1. Consider and take appropriate action regarding a Meritorious Exception for a sign package proposal located at 301 Trophy Lake Drive, and being located in Planned Development District 21 (PD-21). The Planning & Zoning Commission was unable to obtain a quorum of Planning & Zoning Commissioners and their meeting was cancelled. Council did convene and deliberate the Meritorious Exception but cannot take action because the Council cannot make a decision without a recommendation from the Planning & Zoning Commission making a decision. The Papa Murphy’s (going in The Plaza shopping center) owner has requested a signage package to help advertise the stores grand opening, but the Planned Development language is restrictive in regards to types of temporary signage allowed. The owner is requesting an exception to these regulations as allowed through Planning & Zoning Commission and Town Council. Town Council Page 110 of 312 Meeting Date: February 10, 2015 Staff’s recommendation is to allow the business owner to execute their planned marketing plan until such time as the Planning & Zoning Commission and Council can convene to formalize the request. The Town does not expect to be able to issue a Certificate of Occupancy until December 29th at the earliest. Town staff does not advocate that the business owner take any action in violation of ordinances, but may proceed at their own risk when determining whether or not signage is used before receiving final approval from Town Council. The Code Enforcement department operates on a complaint driven system and unless complaints are received about the signage we would not proactively investigate. CONVENE INTO SPECIAL SESSION - START TIME – 6:16 P.M. SPECIAL SESSION 2. Review and take appropriate action regarding the site plans for the joint Town Hall and Police facility with GSBS Architects. Bill Rose, 219 Inverness, addressed the Council regarding the following: ∼ Sale/Lease of property - Mr. Rose indicated that if the Town is unable to obtain a lease from Trophy Club MUD No. 1 without an interim termination clause in it then the Town would be better off planning to incorporate all of our needs in the new structure. ∼ Road/Waterline - Ability to place a Road around a new tank location and the difficulty that incurs is the outside maintenance area that goes around the tank begins to limit the space in addition if you move the tank there is a waterline and you would need to move the waterline and that would be very expensive. Mr. Rose stated based upon this he would recommend taking the road out of the master plan and plan on expanding the building to meet the Town’s full needs. Mayor Sanders gave a brief history letting the citizens know how the Town Council got to where it is today regarding this facility. A Town Hall & Police Facility subcommittee was established to look at refinements. The subcommittee consisted of Mayor Sanders, Council Member Parrow and Council Member Reed. Back in August Council agreed that they did not see that a joint facility would be greater than roughly 26,000 square feet and did not vet using the public services annex building and how it might be used. This allows for the police portion of the building to be slightly over 12,000 square feet and a Town Hall portion of roughly 14,000 square feet. The Town Hall & Police Facility subcommittees was tasked with working through this with the Architect and refine the details. The subcommittee decided they will allow staff to determine their needs based upon the space the Council agrees to. Mayor Sanders made this public statement regarding the Methodist Church: There is nothing definitive decided or negotiated between the Methodist Church and the Town of Trophy Club. We are in talking stages. It began with some old drawings of what might fit on the property. The church pulled out their master plan, they have some objectives to solve some parking issues. We are trying to address these issues, but it is a dialogue at this point. The Town did go out and get the property surveyed and did contract to get an appraisal done and at this point the church is getting an appraisal done and at some point we will work through that issue and wanted to make sure everyone understood that there is no real decision made by either party, we are exploring. Tom Batenhorst, Architect with GSBS Architects provided an overview of the plans by department for the joint Town Hall and Police facility, and several possible building and parking lot layouts. Attachment A – Summary Area Tabulation by Department (typo on page 15 should be Annex instead of Town Hall) Attachment B – Site Plan Option A Attachment C – Site Plan Option B Town Council Page 111 of 312 Meeting Date: February 10, 2015 Attachment D – Site Plan Option C Attachment E – Site Plan Option D Jim Thomas, 7 Meadowbrook Lane spoke as a MUD Director and wanted to clarify some items regarding the lease/sale of the public services/annex building. The MUD Board is open to a long term lease. The MUD Board is assuming where ever the Town builds the new building that the office spaces occupied in the Svore Building will be freed up. Council Member Parrow wanted to go on record stating that he appreciates Mr. Batenhorst with GSBS on the work he has done to take us from over 42,000 square feet down to what we have looked at tonight; between Mr. Batenhorst and staff we have been able to reduce the structure down to what the Town needs, what the citizens will probably be willing to approve and it took a lot of hard work. Council Member Parrow wanted to publicly say thank you for the hard work that has been done to get us to where we are tonight and to move us forward with these discussions. Various items were discussed by the Town Council, including: • Council Chambers (current boardroom 1300 SF) ∼ Size ∼ Seating o Stadium seating (slanted floor) o Moveable Chairs (flat floor) – council prefers the flexibility of the flat floor and moveable chairs with wall divider’s • Community Rooms • Storage • Animal shelter • Utility Access/Road • Access from Town Hall building to the Annex building – possibly sidewalk, covered vs not covered, enclosed vs not enclosed • Square footage requirements ∼ 19,111 SF as presented • Budget • May 2015 bond election or November 2015 bond election • Direction regarding the aesthetic of the building • Topography of the land Susan Edstrom, 269 Oak Hill Drive thanked council for including space for the animal shelter in the plans. Susan spoke in favor of a LEED certified building. Bill Rose, 219 Inverness spoke in favor of a LEED certified building in addition to speaking in reference to the Annex building and that the Town does not own that building. EXECUTIVE SESSION 3. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations Town Council Page 112 of 312 Meeting Date: February 10, 2015 CONVENE INTO EXECUTIVE SESSION - START TIME – 9:17 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 10:01 P.M. RECONVENE INTO REGULAR SESSION 4. Consider and take appropriate action regarding the Executive Session. No action taken. ADJOURN Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 10:01p.m. ___________________________________ ___________________________________ Tammy Ard, Interim Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 113 of 312 Meeting Date: February 10, 2015 ATTACHMENT A Summary Area Tabulation by Department (typo on page 15 should be Annex instead of Town Hall) Town Council Page 114 of 312 Meeting Date: February 10, 2015 To w n o f T r o p h y C l u b - J o i n t F a c i l i t y Su m m a r y A r e a T a b u l a t i o n b y D e p a r t m e n t 12 . 1 8 . 2 0 1 4 Ne w T o w n H a l l Ne w P u b l i c S a f e t y Ne w C o m m o n P u b l i c S p a c e s Re n o v a t e d A n n e x T o w n H a l l Sp a c e SF Sp a c e SF Sp a c e SF Sp a c e SF Ad m i n i s t r a t i o n 23 7 8 Fi n a n c e & C o u r t s 97 9 Su p p o r t 86 4 Re c o r d s 55 1 Po l i c e A d m i n i s t r a t i o n 10 8 5 CI D 19 5 0 Pa t r o l 29 8 6 Pr o p e r t y / E v i d e n c e 45 4 Su p p o r t 22 7 5 Pu b l i c L o b b y 16 0 0 Co u n c i l C h a m b e r s 22 5 3 An n e x S e r v i c e s 2455 IT 682 Su p p o r t 789 S u b t o t a l 42 2 1 S u b t o t a l 93 0 0 S u b t o t a l 38 5 3 S u b t o t a l 3926 Wa l l s , c h a s e s , e t c 10 % 42 2 Wa l l s , c h a s e s , e t c 10 % 93 0 Wa l l s , c h a s e s , e t c 10 % 38 5 Wa l l s , c h a s e s , e t c 10%393 To w n H a l l T o t a l 46 4 3 PD T o t a l 10 2 2 9 Pu b l i c S p a c e T o t a l 42 3 8 An n e x T o t a l 4319 19 1 1 1 4319 23430 N E W T O T A L A N N E X T O T A L C O M B I N E D T O T A L N o t e : E x i s t i n g A n n e x = 4 , 3 2 0 S F To w n Co u n c i l Pa g e 11 5 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n Pu b l i c L o b b y Sp a c e SF Ve s t i b u l e 12 0 Pu b l i c L o b b y 10 0 0 Pu b l i c T o i l e t s 2 19 0 38 0 Co m m u n i t y R o o m s 0 S t o r a g e 0 F o o d S e r v i c e 0 T a b l e a n d C h a i r S t o r a g e 0 C o n f e r e n c e 0 In t e v i e w / F i n g e r p r i n t i n g 10 0 Su b t o t a l 16 0 0 In t e r n a l C i r c u l a t i o n 0% 0 TO T A L 16 0 0 Pa g e 2 To w n Co u n c i l Pa g e 11 6 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n To w n H a l l - C o u n c i l C h a m b e r s Sp a c e SF Co u n c i l C h a m b e r s ( 8 0 p u b l i c , 1 8 C C / s t a f f ) 17 5 0 A V 65 C h a i r S t o r a g e 10 0 C o n f e r e n c e w / c o f f e e b a r 33 8 Su b t o t a l 22 5 3 In t e r n a l C i r c u l a t i o n 0% 0 TO T A L 22 5 3 Pa g e 3 To w n Co u n c i l Pa g e 11 7 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n To w n H a l l - A d m i n i s t r a t i o n Sp a c e SF El e c t e d O f f i c i a l O f f i c e PO 2 14 4 To w n M a n a g e r PO 5 30 8 As s i s t a n t T o w n M a n a g e r PO 4 21 6 Co n f e r e n c e R o o m ( 8 ) ) CR 1 23 4 To w n S e c r e t a r y PO 3 16 8 Ma r k e t i n g PO 3 16 8 To w n A t t o r n e y PO 3 16 8 Ma r k e t i n g A s s i s t a n t WS 4 80 Se c r e t a r y WS 4 80 To w n S e c r e t a r y r e c o r d s t o r a g e 72 Ge n e r a l S t o r a g e 14 4 Wo r k R o o m / p r i n t e r s / c o p y 20 0 Su b t o t a l 19 8 2 In t e r n a l C i r c u l a t i o n 20 % 39 6 TO T A L 23 7 8 Pa g e 4 To w n Co u n c i l Pa g e 11 8 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n To w n H a l l - F i n a n c e & C o u r t s Sp a c e SF Fi n a n c e D i r e c t o r PO 3 16 8 Bu d g e t A n a l y i s t PO 2 14 4 Fi n a n c i a l A n a l y i s t PO 2 14 4 Fu t u r e F i n a n a c i a l A n a l y i s t sh a r e a b o v e 0 Bi l l i n g C l e r k - W S WS 4 1 80 80 Re c o r d S t o r a g e 10 0 Co u r t C l e r k 18 0 Su b t o t a l 81 6 In t e r n a l C i r c u l a t i o n 20 % 16 3 TO T A L 97 9 Pa g e 5 To w n Co u n c i l Pa g e 11 9 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n In f o r m a t i o n T e c h n o l o g y Ne w An n e x Sp a c e SF IT D i r e c t o r PO 2 0 14 4 IT S t a f f - W S WS 4 2 80 0 16 0 Wo r k A r e a 2 56 0 11 2 Se r v e r R o o m - 3 r a c k s 0 21 6 Co m p u t e r S t o r a g e 0 50 Se r v e r T r a n s f e r a n d w o r k s t a t i o n 15 0 Su b t o t a l 15 0 68 2 In t e r n a l C i r c u l a t i o n 10 % 15 TO T A L 16 5 Pa g e 6 To w n Co u n c i l Pa g e 12 0 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n An n e x S e r v i c e s Sp a c e SF Re c e p t i o n i s t WS 4 80 Pe r m i t C l e r k WS 4 80 De v e l o p m e n t S e r v i c e s M g r PO 2 14 4 Pl a n n e r PO 2 14 4 Bu i l d i n g I n s p e c t o r PO 2 14 4 Co d e E n f o r c m e n t O f f i c e r WS 4 80 Pa r k C u s t o m e r S e r v i c e WS 3 60 In s p e c t o r WS 4 80 Pa r k s D i r 16 8 St r e e t S u p e r 14 4 Pa r k s S u p e r 14 4 Hu m a n R e s o u r c e s D i r PO 3 16 8 HR s e c u r e d r e c o r d s 72 Co n f e r e n c e R o o m CR 2 33 8 Wo r k R o o m / p l o t t e r / s c a n n e r / p l a n s t o r a g e 20 0 Su b t o t a l 20 4 6 In t e r n a l C i r c u l a t i o n 20 % 40 9 TO T A L 24 5 5 Pa g e 7 To w n Co u n c i l Pa g e 12 1 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n To w n H a l l - S u p p o r t Sp a c e SF Se r v e r t r a n s f e r a n d w o r k s t a t i o n 16 5 Ge n e r a l S t o r a g e 10 0 Co f f e e B a r 80 Ja n i t o r i a l 64 St a f f T o i l e t s 2 17 1 34 2 Su b t o t a l 75 1 In t e r n a l C i r c u l a t i o n 15 % 11 3 TO T A L 86 4 Pa g e 8 To w n Co u n c i l Pa g e 12 2 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n Pu b l i c S a f e t y - R e c o r d s Sp a c e SF Re c o r d s C l e r k 19 5 Co p y / W o r k 10 0 Ge n e r a l S u p p l y 64 Ar c h i v e F i l e s 10 0 Su b t o t a l 45 9 In t e r n a l C i r c u l a t i o n 20 % 92 TO T A L 55 1 Pa g e 9 To w n Co u n c i l Pa g e 12 3 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n Pu b l i c S a f e t y - P o l i c e A d m i n i s t r a t i o n Sp a c e SF Ch i e f o f P o l i c e PO 4 21 6 Co n f e r e n c e ( 1 2 ) 33 6 Fu t u r e A d m i n s t r a t i v e A s s i s t a n t PO 2 14 4 To i l e t R o o m s 2 56 11 2 Wa i t i n g A r e a 96 Su b t o t a l 90 4 In t e r n a l C i r c u l a t i o n 20 % 18 1 TO T A L 10 8 5 Pa g e 1 0 To w n Co u n c i l Pa g e 12 4 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n Pu b l i c S a f e t y - C I D Sp a c e SF Ju v . D e t e c t i v e PO 2 14 4 Se r g e a n t w / C o n f e r e n c e 30 0 30 0 In v e s t i g a t i o n R o o m 23 4 Co m m u n i t y S e r v i c e O f f i c e r PO 1 1 12 0 12 0 Fu t u r e O f f i c e PO 1 1 12 0 12 0 SR O WS 3 2 60 12 0 In t e r v i e w 2 10 0 20 0 Ju v e n i l e I n t e r v i e w 10 0 St o r a g e 10 0 Cr i m e L a b 18 7 Su b t o t a l 16 2 5 In t e r n a l C i r c u l a t i o n 20 % 32 5 TO T A L 19 5 0 Pa g e 1 1 To w n Co u n c i l Pa g e 12 5 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n Pu b l i c S a f e t y - P a t r o l Sp a c e SF Op e r a t i o n s C o m m a n d e r PO 3 16 8 Pa t r o l S e r g e a n t s ( 4 ) t o t a l WS 4 4 80 32 0 Re p o r t W r i t i n g 4 35 14 0 Co p y / W o r k / M a i l 10 0 Eq u i p m e n t S t o r a g e 18 5 Un i f o r m S t o r a g e 60 Am o r y 90 Sq u a d B r i e f i n g 26 0 EO C / T r a i n i n g 81 5 EO C S t o r a g e 19 0 Sh o r t T e r m H o l d i n g 2 80 16 0 St a f f V e s t i b u l e 40 Te c h n o l o g y r o o m 1 48 48 Su b t o t a l 24 8 8 In t e r n a l C i r c u l a t i o n 20 % 49 8 TO T A L 29 8 6 No t e : 2 5 P a t r o l o f f i c e r s a t p o p u l a t i o n b u i l d o u t Pa g e 1 2 To w n Co u n c i l Pa g e 12 6 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n Pu b l i c S a f e t y - P r o p e r t y & E v i d e n c e Sp a c e SF Pr o c e s s i n g R o o m / L o c k e r s 84 Ge n e r a l P r o p e r t y 25 2 Dr u g & W e a p o n S t o r a g e 96 Su b t o t a l 43 2 In t e r n a l C i r c u l a t i o n 5% 22 TO T A L 45 4 Pa g e 1 3 To w n Co u n c i l Pa g e 12 7 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n Pu b l i c S a f e t y - S u p p o r t Sp a c e SF Ge n e r a l S t o r a g e 30 0 Br e a k r o o m 25 0 Fi r e P r o t e c t i o n C l o s e t 64 El e c t r i c a l 14 4 Ja n i t o r i a l 10 0 Me c h a n i c a l 10 0 Fe m a l e L o c k e r / S h o w e r / T o i l e t 34 0 Ma l e L o c k e r / S h o w e r / T o i l e t 68 0 Su b t o t a l 19 7 8 In t e r n a l C i r c u l a t i o n 15 % 29 7 TO T A L 22 7 5 Pa g e 1 4 To w n Co u n c i l Pa g e 12 8 of 31 2 Me e t i n g Date: February 10, 2015 12 - 1 8 - 2 0 1 4 To w n o f T r o p h y C l u b De t a i l e d D e p a r t m e n t A r e a T a b u l a t i o n To w n H a l l - S u p p o r t Sp a c e SF Br e a k A r e a 12 0 El e c t r i c a l R o o m 80 Me c h a n i c a l R o o m 80 Ja n i t o r i a l 64 St a f f T o i l e t s 2 17 1 34 2 Su b t o t a l 68 6 In t e r n a l C i r c u l a t i o n 15 % 10 3 TO T A L 78 9 Pa g e 1 5 To w n Co u n c i l Pa g e 12 9 of 31 2 Me e t i n g Date: February 10, 2015 ATTACHMENT B Site Plan Option A Town Council Page 130 of 312 Meeting Date: February 10, 2015 Town Council Page 131 of 312 Meeting Date: February 10, 2015 ATTACHMENT C Site Plan Option B Town Council Page 132 of 312 Meeting Date: February 10, 2015 Town Council Page 133 of 312 Meeting Date: February 10, 2015 ATTACHMENT D Site Plan Option C Town Council Page 134 of 312 Meeting Date: February 10, 2015 Town Council Page 135 of 312 Meeting Date: February 10, 2015 ATTACHMENT E Site Plan Option D Town Council Page 136 of 312 Meeting Date: February 10, 2015 To w n Co u n c i l Pa g e 13 7 of 31 2 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0123-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/3/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding the Minutes dated January 20, 2015. Attachments:Draft TC Joint Minutes - January 20, 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated January 20, 2015. Town Council Page 138 of 312 Meeting Date: February 10, 2015 January 20, 2015 Joint Session Minutes Page 1 of 6 MINUTES FROM JOINT SESSION TOWN OF TROPHY CLUB TOWN COUNCIL AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, January 20, 2015 at 5:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, and the Trophy Club Municipal Utility District No. 1, met in a Joint Session on Tuesday, January 20, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 arrived at 5:31 p.m. Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Holly Fimbres Town Secretary Adam Adams Parks and Recreation Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD MEMBERS PRESENT: Jim Moss President Jim Hase Vice President Kevin Carr Secretary/Treasurer Jim Thomas Director Neil Twomey Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 STAFF PRESENT: Jennifer McKnight General Manager Laurie Slaght District Secretary Mayor Sanders announced the date of Tuesday, January 20, 2015 called the Town Council to order and announced a quorum at 5:30 p.m. CONVENE INTO JOINT SESSION - START TIME – 5:30 P.M. 1. Consider and take appropriate action regarding terms of potential lease with the TCMUD No. 1 for use of the TCMUD No. 1 annex building located at 100 Municipal Drive. Mayor Sanders presented the item and discussed proposed terms of a lease that included: Town Council Page 139 of 312 Meeting Date: February 10, 2015 January 20, 2015 Joint Session Minutes Page 2 of 6  25 to 99 year lease with renewal and termination options;  Building to be used for Municipal uses, less Animal Control, and gives option for storage, community meeting rooms, Senior Center, etc.;  Extended ‘exit’ language for both Town and TCMUD No. 1 TCMUD exit tied to State/Federal requirements) with a minimum of a three year notice;  Town would pay operating and maintenance of building and shared parking;  TCMUD No. 1 would create the lease and within the terms of the lease could recover expenses if necessary;  If the Town has the lease for the use of the building then the Town will be the entity insuring the lease hold improvements. Council Member Reed stated that leasing of the building could be done through a ground lease agreement and would allow the Town to improve the land as deemed necessary. Discussion took place regarding terms of insurance on the structure and reconstruction of the facility in the event of a possible natural catastrophe. Council Member Reed stated that there could be a three year out option if a State or Federal mandate arose for the TCMUD, and in the event of catastrophe, the Town would erect a new facility or possibly have a buyout amount. TCMUD No. 1 President Jim Moss suggested that TCMUD No. 1 begin creating a lease to cover all the details and any legal cost incurred creating the lease could be compensated through the lease agreement to help cover the cost. Mayor Sanders stated that he would like to have at least a 10 year term with a three year out clause. Action from Trophy Club MUD No. 1 – Motion that focus attention on ground lease with the Town of Trophy Club for the annex building. Motion passed unanimously. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve recommending that the ground lease have a minimum of 25 years. Amended Motion: Council Member Reed, seconded by Mayor Pro Tem Lamont, made a motion to amend the main motion to add that the TCMUD No. 1 have an out clause with a three year notice provision if there is a government mandate that is imposed on the TCMUD No. 1. TCMUD No. 1 Secretary/Treasurer Carr stated that he would like to see a guarantee of 10 years with a termination clause after the 10 years, and also to have the ability to renew the lease if needed. Substitute Motion: Council Member Reed, seconded by Mayor Pro Tem Lamont, made a substitute motion to approve a 25 year ground lease agreement with the first 10 years being a protective period, and after 10 years the TCMUD No. 1 has the option to exercise a right to terminate the lease with a three year notice if a government entity requirement is imposed. Motion passed unanimously. Town Council Page 140 of 312 Meeting Date: February 10, 2015 January 20, 2015 Joint Session Minutes Page 3 of 6 TCMUD No. 1 Secretary/Treasurer Carr stated that the TCMUD No. 1 will need the offices that the Town uses in the Svore Building in the next two to three years because of Texas Commission on Environmental Quality (TCEQ) requirements. Town Attorney Patricia Adams stated that those offices are not listed on agenda but can look at putting on a future agenda. Second Motion: Council Member Reed, seconded by Council Member Parrow, made a motion that the Town Council form a sub- committee consisting of Council Member Kurtz and Council Member Reed to meet with two members of the TCMUD No. 1 Board to work out the details of the ground lease negotiations and bring back to both bodies at a later date as a completed document. Motion passed unanimously. Trophy Club MUD No. 1 motioned that Kevin Carr and Neil Twomey serve on the sub-committee to meet with two Town Council members (Council Member Kurtz and Council Member Reed) to work out the details of the ground lease negotiations and bring back to both bodies at a later date as a completed document, which passed unanimously. 2. Consider and take appropriate action to establish a committee composed of two Council members, two citizens, and the Fire Chief to meet with the TCMUD No. 1 committee to perform economic analyses and review of other factors related to consolidation of fire and emergency medical services under one entity. Council Member Shoffner stated that the intention was for the Town to appoint one citizen and the TCMUD No. 1 to appoint one citizen. Trophy Club MUD No. 1 motioned to appoint Kevin Carr and Neil Twomey, and the Fire Chief to serve on the committee, and open up the citizen appointment for applications, which passed unanimously. Main Motion: Mayor Pro Tem Lamont, seconded by Council Member Parrow, made a motion to nominate Council Member Kurtz and Council Member Shoffner to serve as the two Council members and open up the citizen appointment for applications to serve on the Fire/EMS Joint Sub-Committee. Amended Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve an amendment to the main motion to include Town Manager Slye on the Fire/EMS Joint Sub-Committee. Motion failed 2-5-0 with Mayor Sanders and Council Member Parrow voting for, and Mayor Pro Tem Lamont, Council Members Reed, Rowe, Kurtz, and Shoffner voting against. Amended Main motion: Mayor Pro Tem Lamont, seconded by Council Member Parrow, made a motion to nominate Council Member Kurtz and Council Member Shoffner to serve as the two Council members, and open up the citizen appointment process to nominate one citizen member to serve on the Fire/EMS Joint Sub-Committee to perform economic analyses and review of other factors related to consolidation of fire and emergency medical services under one entity. Motion passed unanimously. 3. Consider and take appropriate action to request a variance to the Stage 2 watering restrictions in accordance with the TCMUD No. 1 and Town Public Improvement District Drought Contingency Plans. TCMUD No. 1 General Manager Jennifer McKnight stated that she received news that the lakes are holding steady at 61 percent but are expected to fall to 60 percent. Currently, Stage 2 watering restrictions are expected to take effect at the end of February or the beginning of March. Town Council Page 141 of 312 Meeting Date: February 10, 2015 January 20, 2015 Joint Session Minutes Page 4 of 6 Trophy Club MUD No. 1 motioned to table the item until the next TCMUD meeting, which passed unanimously. Parks and Recreation Director Adam Adams discussed proposed watering variances for Independence Park West and East, Harmony Park, medians, and athletic facilities and answered relative questions regarding the proposed variances. (Attachment A) Council Member Shoffner asked that the Town look at other areas where water consumption reductions can be made. Parks and Recreation Director Adams stated corporately the Town will look to the whole system to diligently reduce the overall water consumption by an additional 10 percent. No vote was taken on the action item. ADJOURN Mayor Sanders adjourned the meeting at 6:26 p.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 142 of 312 Meeting Date: February 10, 2015 January 20, 2015 Joint Session Minutes Page 5 of 6 ATTACHMENT A Town Council Page 143 of 312 Meeting Date: February 10, 2015 January 20, 2015 Joint Session Minutes Page 6 of 6 Town Council Page 144 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0122-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County for administration of the May 9, 2015 Town general election; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Draft Joint Contract May 2015.pdf Signature page for Joint Contract.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Denton County for administration of the May 9, 2015 Town general election; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 145 of 312 Meeting Date: February 10, 2015 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 9, 2015 election to be administered by Lannie Noble, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a general and/or special election on May 9, 2015. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating authorities shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Town Council Page 146 of 312 Meeting Date: February 10, 2015 2 Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 9, 2015 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 9, 2015 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and statin g the political subdivision’s polling place names and addresses in effect for the May 9, 2015 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $7 per hour. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him o f his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County ($11 an hour for presiding judges, $10 an hour for alternate judges, and $9 an hour for clerks) pursuant to Texas Election Code Section 32.091. The election judge , or his designee, will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Town Council Page 147 of 312 Meeting Date: February 10, 2015 3 The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County’s electronic voting system and equipment, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ball ot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot and the audio recording of the ballot, insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton County’s eSlate electronic voting system. The Elections Administrator shall be responsible for the preparation , testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Town Council Page 148 of 312 Meeting Date: February 10, 2015 4 Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address for the Denton County Early Voting Clerk is: Lannie Noble, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots, that are sent by a contract carrier (ie. UPS, FedEx, etc.) should be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Lannie Noble, Early Voting Clerk Denton County Elections 701 Kimberly Drive, Suite A101 Denton, TX 76208 The Elections Administrator shall post on the county website each participating authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the county website no later than 8:00 a.m. each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Sections 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Lannie Noble, Denton County Elections Administrator Tabulation Supervisor: Brandy Grimes, Denton County Technical Operations Manager Presiding Judge: Kerry Martin, Deputy Elections Administrator Alternate Judge: Paula Paschal, Contract Manager The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated by posting on the Elections website. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station (if Town Council Page 149 of 312 Meeting Date: February 10, 2015 5 requested) and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or his designee, no later than three days after Election Day of the date of the canvass. The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority, unless requested otherwise. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Each participating authority with territory containing population outside Denton County agrees that the Elections Administrator shall administer only the Denton County portion of those elections. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 9, 2015 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 13, 2015. This date may be negotiable based on the Secretary of State’s calendar for elections in 2015. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. Town Council Page 150 of 312 Meeting Date: February 10, 2015 6 If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations, that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Denton County, and that do not have an election day polling place or early voting site within their Denton County territory shall pay a flat fee of $400 for election expenses. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee, if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Denton County Elections Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election Town Council Page 151 of 312 Meeting Date: February 10, 2015 7 records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. Town Council Page 152 of 312 Meeting Date: February 10, 2015 8 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 9, 2015 election (or runoff election, if applicable). The participating authority’s obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election. Estimated Political Subdivision Cost XVII. SIGNATURE PAGE (separate page) Revised 1.16.2015 (9:24 a.m.) Town Council Page 153 of 312 Meeting Date: February 10, 2015 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit: (1) It has on the _____ day of ___________, 2015 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the ______ day of ___________, 2015 been executed on behalf of the Town Trophy Club pursuant to an action of the Town of Trophy CLub so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ___________________________________________ LANNIE NOBLE, CERA ACCEPTED AND AGREED TO BY THE Town of Trophy Club: APPROVED: ATTESTED: _____________________________________________ _______________________________________ C. Nick Sanders, Mayor Holly Fimbres, Town Secretary Town Council Page 154 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0113-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding a request from Trophy Club Women’s Club for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Attachments:Staff Report - TCWC TUP.pdf TCWC TUP Application - 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a request from Trophy Club Women’s Club for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Town Council Page 155 of 312 Meeting Date: February 10, 2015 Page 1 of 2 To: Mayor and Town Council From: Matt Jones, Senior Planner CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Temporary Use Permit – Community Garage Sale Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Consider and take appropriate action regarding a request from Trophy Club Women’s Club for a Temporary Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015. Explanation: The applicant, Trophy Club Women’s Club, is requesting permission to hold two community - wide garage sales events in Trophy Club in calendar year 2015. The Women’s Club submitted a “Temporary Use Application” and was given to the Community Development Department for placement on a P&Z and Council agenda for consideration of a “Special Privilege” request. The Town of Trophy Club Code of Ordinances provides the following requirements for community garage sales by a Temporary Use Permit: Chapter 13-Zoning, Section 5.01-Temporary Uses E. Community Garage Sale by Special Privilege: Upon approval by the Town Council, after recommendation by the Planning and Zoning commission, a community garage sale shall be permitted by Special Privilege to civic organizations or non-profit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said Special Privilege shall be condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the Town Department of Public Safety. The Spring garage sales event will be held on Saturday, April 11, 2015 and the Fall garage sales event will occur on Saturday, October 10, 2015. No alternate rain dates have been planned or requested. The Trophy Club Women’s Club is requesting that the event be allowed from 7:00 a.m. to 2:00 p.m. for the above mentioned dates. As required by ordinance, the Department of Public Safety reviewed and approved the operations of the event and the proposed locations of the garage sale sites and the Police Chief’s signature of approval was obtained on the application. Town Council Page 156 of 312 Meeting Date: February 10, 2015 Page 2 of 2 Attachments:  TUP Application Staff Recommendation: Staff recommends approval as requested, with any operational conditions of approval as recommended by the Planning and Zoning Commission and approved by the Town Council. Staff would also request that an exhibit be provided showing they number, types, and locations of any proposed signs for the event. Special Event Committee Recommendation: The Special Events Committee met with the applicant on February 3, 2015. The Committee recommended no additional event fee to be charged for the request and recommend approval with any conditions as necessary from the Town Council. P&Z Commission Recommendation: The Planning and Zoning Commission will consider this request at their February 5, 2015 regularly scheduled meeting. Town Council Page 157 of 312 Meeting Date: February 10, 2015 T o w n C o u n c i l P a g e 1 5 8 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0067-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/19/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding the award of bid to the lowest responsible bidder and rejection of all other bids for the purchase of a Horton Ambulance manufactured by Professional Ambulance Service; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - Ambulance Memo including Back-up.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the award of bid to the lowest responsible bidder and rejection of all other bids for the purchase of a Horton Ambulance manufactured by Professional Ambulance Service; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 159 of 312 Meeting Date: February 10, 2015 T o w n C o u n c i l P a g e 1 6 0 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 1 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 2 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 3 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 4 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 5 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 6 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 7 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 8 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 6 9 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 7 0 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 7 1 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 7 2 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 7 3 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 T o w n C o u n c i l P a g e 1 7 4 o f 3 1 2 M e e t i n g D a t e : F e b r u a r y 1 0 , 2 0 1 5 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0112-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding an Ordinance ordering and calling a Joint General Election to be held on May 9, 2015 for the purpose of electing one (1) Council member to Place No. 3 and one (1) Councilmember to Place No. 4 on the Trophy Club Town Council, each for a term of three (3) years respectively; providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Attachments:Staff Report - Ordinance Ordering and Calling the General Election.pdf ORD 2015-02 Calling May 2015 Election.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance ordering and calling a Joint General Election to be held on May 9, 2015 for the purpose of electing one (1) Council member to Place No. 3 and one (1) Councilmember to Place No. 4 on the Trophy Club Town Council, each for a term of three (3) years respectively; providing for the incorporation of premises; providing for administration of the election by Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of election; and providing an effective date. Town Council Page 175 of 312 Meeting Date: February 10, 2015 To: Mayor and Town Council From: Holly Fimbres, Town Secretary/RMO CC: Stephen Seidel, Acting Town Manager Re: Ordering and Calling Joint General Election Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Consider and take appropriate action regarding an Ordinance ordering and calling a Joint General Election to be held on May 9, 2015 for the purpose of electing two (2) Council Members for Place #3 and #4 to the Town Council for a three (3) year term each. Explanation: The Texas Election Code requires that an election ordered by an authority of a political subdivision shall be ordered not later than the 62nd day before election day. Attachments: • Ordinance 2015-02 Ordering and Calling a Joint General Election on May 9, 2015 Recommendation: Staff recommends approval of Ordinance 2015-02 Ordering and Calling a Joint General Election to be held on May 9, 2015. Town Council Page 176 of 312 Meeting Date: February 10, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE HELD ON MAY 9, 2015 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 AND ONE COUNCIL MEMBER FOR PLACE #4 TO THE TOWN COUNCIL EACH FOR A TERM OF THREE (3) YEARS; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN APPLICATION FOR A PLACE ON THE BALLOT FOR THE JOINT GENERAL ELECTION; PROVIDING FOR A RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING FOR ADMINISTRATION OF A JOINT ELECTION BY BOTH TARRANT COUNTY AND DENTON COUNTY; PROVIDING AN AGREEMENT WITH DENTON COUNTY AND AUTHORIZING AN AGREEMENT WITH TARRANT COUNTY FOR ADMINISTRATION OF THE ELECTION; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 (a)(2) of the Texas Election Code (hereinafter the "Code") establishes the second Saturday in May as a Uniform Election Date for the purposes of conducting a General Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, the Town Council desires to and hereby calls a Joint General Election for the purpose of electing one (1) Council member for Place #3 and one (1) Council member for Place #4 for a three (3) year term each; and Town Council Page 177 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 2 of 11 WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before Election Day; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County and an Election Services Contract with Tarrant County so that those entities will provide election services for Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the “Denton County Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Denton County Elections Administration (“DCEA”), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit “A” upon its final approval and execution by the Town; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administration (the “Tarrant County Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Tarrant County Elections Administration (“TCEA”), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Tarrant County has advised the Town that it will not submit a contract for Election Services until sometime during the month of April when the determination of participating entities and cost per entity is available. Upon Town Council approval of the Interlocal Agreement with Tarrant County, a copy of that agreement shall be incorporated herein by reference as Exhibit “B”; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, the Town Council finds that upon the canvassing of the returns of the May 9, 2015 election, this Ordinance and election order, shall be enacted as set forth in this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. Town Council Page 178 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 3 of 11 All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2. DATE OF ELECTION It is hereby ordered that a joint General Election (collectively the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 9, 2015 using a combined ballot. SECTION 3. PURPOSE OF ELECTION General Election. The purpose of the joint General Election is to elect one (1) Council member for Place #3 and one (1) Council member for Place #4, each for a three (3) year term on the Town of Trophy Club Town Council; SECTION 4. ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, has not been determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Additional requirements are set forth in the Town Charter and are as follows: A. Mayor or Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter: a. Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, Town Council Page 179 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 4 of 11 (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. SECTION 5. APPLICATION FOR A PLACE ON THE BALLOT General Election. For the purpose of the May 9, 2015 joint General Election and pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Tow n Secretary not earlier than January 28, 2015 and not later than 5:00 p.m. on February 27, 2015. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. SECTION 6. RUNOFF ELECTION If no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, the runoff election date has tentatively been set for June 13, 2015. SECTION 7. VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County and Tarrant County are set forth in Exhibit “C”, a copy of which is attached hereto and incorporated herein. Exhibit “C” shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit “C” may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County or the Elections Administrator for Tarrant County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. Town Council Page 180 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 5 of 11 The Denton and Tarrant County Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. SECTION 8. ELECTIONS ADMINISTRATION 8.1 Denton County. The Denton County Elections Administrator, Lannie Noble, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “A” hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Denton County and/or Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 8.2 Tarrant County. The Tarrant County Elections Administrator, Frank Phillips, is hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Tarrant County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. Town Council Page 181 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 6 of 11 SECTION 9. COMPENSATION Compensation for election judges and alternate judges for their service in the Election shall be determined by the Denton County Elections Administrator and the Tarrant County Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 9, 2015 election at Denton County and Tarrant County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 9, 2015 election, the Denton County and the Tarrant County Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. SECTION 10. EARLY VOTING In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling location designated and maintained by the Denton County Elections Administrator. SECTION 11. ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. SECTION 12. ELECTION RETURNS The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Town Council Page 182 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 7 of 11 SECTION 13. NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. SECTION 14. CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than May 12, 2015 and not later than May 20, 2015. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 15. VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 16. SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 17. ELECTION CONTRACTS The Town Manager or the Town Manager’s designee is authorized to amend or supplement any and all contracts for the administration of the May 9, 2015 Election to the extent required for the Election to be conducted in an efficient and legal manner as Town Council Page 183 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 8 of 11 determined by the Denton County and/or Tarrant County Elections Administrator. Upon approval by the Town Council, a joint election agreement between the Town and the Denton County Elections Department shall be incorporated herein by reference as Exhibit “A”. Upon approval by the Town Council, a joint election agreement between the Town and the Tarrant County Elections Department shall be incorporated herein by reference as Exhibit “B”. SECTION 18. ENGROSSMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 19. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 10th day of February, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 184 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 9 of 11 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY Incorporated By Reference Town Council Page 185 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 10 of 11 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Incorporated By Reference Town Council Page 186 of 312 Meeting Date: February 10, 2015 ORD 2015-02 Page 11 of 11 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, April 27 Tuesday, April 28 Wednesday, April 29 Thursday, April 30 Friday, May 1 Saturday, May 2 Monday, May 4 Tuesday, May 5 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Tarrant County Early voting by personal appearance will be conducted at: Locations designated by Tarrant County: Monday, April 27 Tuesday, April 28 Wednesday, April 29 Thursday, April 30 Friday, May 1 Saturday, May 2 Sunday, May 3 Monday, May 4 Tuesday, May 5 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 11:00 a.m. – 4:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Town Council Page 187 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0114-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park Services for the Town as recommended by CFAB and authorizing publication of notice of bid. Attachments:Staff Report - Bid for Park Services.pdf 2015 Parks Services Competitive Bid 8 - RFP.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park Services for the Town as recommended by CFAB and authorizing publication of notice of bid. Town Council Page 188 of 312 Meeting Date: February 10, 2015 Page 1 of 1 To: Mayor and Town Council From: Adam Adams, Director of Parks & Recreation CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park Services for the Town as recommended by CFAB and authorizing publication of notice of bid. Explanation: Periodically Town Council utilizes the competitive bid process to provide a benchmark to assure that the Town is receiving the best value for the services being performed; based on this direction staff has created a competitive bid document for Park Services. Following the creation of the document, staff and the Citizen’s Financial Advisory Board (CFAB) reviewed and subsequently recommended the document to Town Council. The Town Council will now perform a final review the document for the purpose of advertising and receiving bids on Park Services. Attachments: Competitive Bid for Park Services draft Recommendation: CFAB recommends this document. Staff believes this document to reflect the level of service and workload currently performed by the Parks Department staff. Town Council Page 189 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 1 THE TOWN OF TROPHY CLUB, TEXAS SPECIFICATIONS/ CONTRACT DOCUMENTS FOR PARK SERVICES FOR THE TOWN OF TROPHY CLUB MAYOR Nick Sanders ACTING TOWN MANAGER Stephen Seidel PARKS AND RECREATION DIRECTOR Adam Adams Town Council Page 190 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 2 TABLE OF CONTENTS SECTION 1. Notice to Bidders 2. Special Instructions to Bidders 3. General Conditions of Bidding 4. Bid Proposal 5. Resident/Non-Resident Bid Form 6. Agreement 7. Performance Bond 8. Payment Bond 9. Insurance Requirements 1. Insurance Requirement Affidavit 2. Insurance Checklist (Services) 3. Exhibit A-1, Insurance 4. Exhibit A-2, Workers’ Compensation Insurance Coverage 5. Workers’ Compensation Notice 10. Certificate of Insurance 11. General Requirements Town Council Page 191 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 3 TOWN OF TROPHY CLUB PROJECT: PARK SERVICES FOR THE TOWN OF TROPHY CLUB Sealed bids for the furnishing of all labor, materials, and equipment necessary for the provision of landscape services for the Town of Trophy Club will be received at the Town Offices, 100 Municipal Drive, Trophy Club, Texas 76262 until _______ on _____, 2015. All proposals will be publicly opened and read aloud at_______, 2015 at the Town Offices. A mandatory pre-bid conference will be held at __ a.m. on ______, ________, 2015 at the Town Offices. Bid Documents (including Contract Documents) have been prepared for this project and may be obtained at the Town Offices at the address listed above or on the Town’s website at www.trophyclub.org. The categories of services to be provided under this Contract include the following: 1. Maintenance, upkeep and support of all areas of Parks Operations including: a. Medians and related common areas-irrigated b. Medians and related common areas-no irrigation c. Brush-hog/rough mow areas d. North linear trail system e. Freedom Park f. Harmony Park g. Lakeview Park h. Independence Park i. Community Pool j. Trophy Club Park k. MUD facilities l. Drainage maintenance m. Weekend support n. Irrigation o. Chemical application p. Special events support q. Miscellaneous services Town Council Page 192 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 4 2. Maps: a. Medians and related common areas-irrigated Town Council Page 193 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 5 b. Medians and related common areas-no irrigation Town Council Page 194 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 6 Town Council Page 195 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 7 c. Brush-hog/rough mow areas Town Council Page 196 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 8 Town Council Page 197 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 9 d. North linear trail system Town Council Page 198 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 10 e. Freedom Park Town Council Page 199 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 11 f. Harmony Park g. Lakeview Park Town Council Page 200 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 12 h. Independence Park Town Council Page 201 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 13 i. Community Pool j. Trophy Club Park Town Council Page 202 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 14 Town Council Page 203 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 15 Town Council Page 204 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 16 k. MUD facilities Town Council Page 205 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 17 Town Council Page 206 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 18 Town Council Page 207 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 19 l. Drainage maintenance Town Council Page 208 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 20 m. Weekend support n. Irrigation o. Chemical application p. Special events support q. Miscellaneous services Town Council Page 209 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 21 A MANDATORY PRE-BID CONFERENCE WILL BE HELD AT __ A.M. ON __________, 2015. ALL PROPOSALS SUBMITTED FOR TOWN CONSIDERATION MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE SEALED ENVELOPE WITH THE WORDS “PARK SERVICES FOR THE TOWN OF TROPHY CLUB”, ATTENTION, AND MUST CONTAIN THE NAME OF THE COMPANY SUBMITTING THE BID. ATTENDANCE AT THE PRE-BID CONFERENCE IS A QUALIFYING CONDITION FOR BID SUBMISSION. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL RESULT IN DISQUALIFICATION OF THE BID. The Town reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. Town Council Page 210 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 22 SECTION 2. SPECIAL INSTRUCTIONS TO BIDDERS Project Name: Park Services for the Town of Trophy Club MANDATORY PRE-BID CONFERENCE. A MANDATORY PRE-BID CONFERENCE WILL BE HELD AT __ A.M. ON ________________, 2015. ALL PROPOSALS SUBMITTED FOR TOWN CONSIDERATION MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE SEALED ENVELOPE WITH THE WORDS “PARK SERVICES FOR THE TOWN OF TROPHY CLUB”, ATTENTION, AND MUST CONTAIN THE NAME OF THE COMPANY SUBMITTING THE BID. ATTENDANCE AT THE PRE- BID CONFERENCE IS A QUALIFYING CONDITION FOR BID SUBMISSION. FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL RESULT IN DISQUALIFICATION OF THE BID. Bid Security: Proposals shall be accompanied by a cashier's check or certified check upon a national or state bank, or a bid bond from a reliable surety company in an amount not less than five percent (5%) of the total maximum bid price, as a guarantee that the bidder will enter into a contract and execute a performance bond and a payment bond within ten (10) days after notice of award of contract to CONTRACTOR. A performance bond is required for all projects over $100,000.00 and a payment bond is required for all projects over $25,000.00. Bonds shall be submitted on the forms approved by the Town (copies of the approved bond forms are attached and incorporated herein) as part of these contract documents. Award of Contract: The notice of award of contract will be given by the Town of Trophy Club (hereafter "OWNER" or "TOWN") within ninety (90) days following the opening of bids. The successful bidder shall submit, within seven (7) days after notice of award of contract, a corporate resolution, certificate of partnership, partnership agreement or joint venture agreement which identifies the person(s) authorized to execute a contract on behalf of the corporation, partnership, or joint venture. The successful bidder shall also furnish certificates of insurance that meet the TOWN requirements within ten (10) working days after bid opening. The successful bidder must qualify within five (5) working days after bid opening, by submitting such additional documents as the Parks and Recreation Director may require for compliance with the terms of these contract documents. Should the bidder fail to produce evidence which satisfactorily demonstrates to Town that bidder qualifies for contract award, bidder may be disqualified and the work awarded to the next lowest bidder so qualifying. Town Council Page 211 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 23 Bonds: The successful bidder shall furnish a performance bond in the amount of one hundred percent (100%) of the contract price, and a material and labor payment bond, in the amount of one hundred percent (100%) of the contract price. Bonds must be submitted on the forms provided and must be provided by an approved surety company holding a permit from the State of Texas to act as surety, or other sureties acceptable to the OWNER. One original and one copy of the complete bid proposal must be submitted with the Town of Trophy Club Project Name clearly identified on the exterior of the bid package. The right is reserved, as the interest of the Town of Trophy Club may require, to reject any and all bids, and to waive any informality in bids received. The unit price on the Bid Proposal Form shall be the price of the item, and any errors that may be present in that form shall not be recognized as an opportunity to revise the proposal. The Bid Proposal Form sheet included in this bid document shall be utilized for summarizing the bid. THE INSURANCE AFFIDAVIT provided herein shall be executed and returned as part of the bid document. PROJECT SCOPE, UNIT SEVERABILITY AND QUANTITIES: Bidders are advised that the quantities and frequency of work shown in the proposal are approximate. Payment to the CONTRACTOR shall be made based on actual work performed. The OWNER reserves the right to make increases or decreases to the amount of work performed and does not guarantee that final quantities and frequency will not differ from the approximate quantities and frequency shown in the proposal. Bidders are further advised that the services identified herein for which the Town seeks competitive bids have been separated into individual units based upon the nature and scope of the work needed. The Town intends to award a contract to a single bidder. The Town reserves the right to award a contract for all identified units or for any combination of units as determined beneficial and appropriate to the Town and its operations in the sole discretion of the Town. CONTRACT RENEWAL: The initial term of the contract shall be for a period of one (1) year. Upon completion of the initial term, the OWNER and CONTRACTOR may elect to renew this contract for a maximum of three (3) additional one (1) year periods, if agreed to in writing by both parties. However, the OWNER and CONTRACTOR shall not be obligated to renew the contract and may decline to renew the contract for any reason. Except as otherwise specifically provided herein or in a properly executed written modification to the Contract Documents, all terms, provisions and specifications of the Contract Documents shall remain the same during each renewal period. The price submitted in the Contractor’s Bid Proposal may not be increased prior, during, or after any such renewal period. Town Council Page 212 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 24 SECTION 3. GENERAL CONDITIONS OF BIDDING 1. REQUIRED INFORMATION: TOWN OF TROPHY CLUB BID PACKETS CONTAIN VARIOUS SECTIONS REQUIRING COMPLETION. THE BIDAFFIDAVIT AND BID PROPOSAL FORM SECTION OF THE BID PACKET MUST BE COMPLETED PRIOR TO THE DATE AND TIME SET FOR BID OPENING AND INCLUDED WITH THE BID PACKET OR THE VENDOR WILL BE FOUND NON-RESPONSIVE. VENDORS MAY BE REQUIRED TO COMPLETE AND SUPPLY ALL INFORMATION CONTAINED IN THE "SUPPLEMENTAL INFORMATION" PORTION OF THE PACKET AT A DATE AFTER BID OPENING. FAILURE TO COMPLETE "SUPPLEMENTAL INFORMATION" REQUIREMENTS IN A TIMELY MANNER, PRIOR TO COUNCIL AWARD, MAY BE USED BY THE TOWN IN DETERMINING A VENDOR’S RESPONSIBILITY. 2. INSTRUCTIONS: THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS AND BECOME A PART OF TERMS AND CONDITIONS OF ANY BID PACKET SUBMITTED. 3. THESE GENERAL CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCT OR SERVICES THAT EXCEED $15,000.00 IN COST. 4. ERROR-QUANTITY: BID PRICE MUST BE SUBMITTED ON UNITS OF QUANTITY SPECIFIED, EXTENDED, AND TOTAL SHOWN. IN THE EVENT OF DISCREPANCIES IN EXTENSIONS, THE UNIT PRICE AS WRITTEN SHALL GOVERN. 5. PRICING: BID PRICE(S) QUOTED MUST BE HELD FIRM FOR NINETY(90) DAYS TO ALLOW FOR EVALUATION UNLESS OTHERWISE STATED IN THIS DOCUMENT. 6. TAXES: THE TOWN OF TROPHY CLUB IS EXEMPT FROM FEDERAL MANUFACTURER’S EXCISE AND STATE SALES TAX. TAX MUST NOT BE INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED BY THE TOWN AND FURNISHED UPON REQUEST. 7. SPECIFICATION-SAMPLES: ANY CATALOG, BRAND NAMES, OR MANUFACTURER’S REFERENCE IN THIS BID PACKET IS DESCRIPTIVE AND NOT RESTRICTIVE, AND IS USED TO INDICATE TYPE AND QUALITY LEVEL DESIRED FOR COMPARISON PURPOSES UNLESS OTHERWISE NOTED. BIDS ON BRANDS OF LIKE NATURE AND QUALITY MAY BE CONSIDERED UNLESS SPECIFICALLY EXCLUDED. SAMPLES, IF REQUIRED, SHALL BE FURNISHED FREE OF EXPENSE TO THE TOWN. SAMPLES SHOULD NOT BE ENCLOSED WITH BID UNLESS REQUESTED. Town Council Page 213 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 25 8. PATENT RIGHTS: THE VENDOR AGREES TO INDEMNIFY AND HOLD THE TOWN HARMLESS FROM ANY CLAIM INVOLVING PATENT RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED. 9. EVALUATION: RESPONSE TO SPECIFICATION IS PRIMARY IN DETERMINING THE LOWEST RESPONSIBLE BID. 10. FUNDING: THE TOWN OF TROPHY CLUB IS A GENERAL LAW MUNICIPALITY OPERATED AND FUNDED ON AN OCTOBER 1 TO SEPTEMBER 30 BASIS; ACCORDINGLY, THE TOWN RESERVES THE RIGHT TO TERMINATE, WITHOUT LIABILITY TO THE TOWN, ANY CONTRACT FOR WHICH FUNDING IS NOT AVAILABLE. 11. ASSIGNMENT: THE SUCCESSFUL BIDDER SHALL NOT SELL, ASSIGN, TRANSFER OR CONVEY THIS CONTRACT IN WHOLE, OR PART, WITHOUT THE PRIOR WRITTEN CONSENT OF THE TOWN. 12. AUDIT: THE TOWN OF TROPHY CLUB RESERVES THE RIGHT TO AUDIT THE RECORDS AND PERFORMANCE OF SUCCESSFUL BIDDER DURING THE CONTRACT AND FOR THREE YEARS THEREAFTER. 13. PROTESTS: ALL PROTESTS REGARDING THE BID SOLICITATION PROCESS MUST BE SUBMITTED IN WRITING TO THE TOWN’S DIRECTOR OF PUBLIC WORKS WITHIN FIVE (5) WORKING DAYS FOLLOWING THE OPENING OF BIDS. THIS INCLUDES ALL PROTESTS RELATING TO ADVERTISING OF BID NOTICES, DEADLINES, BID OPENING, AND ALL OTHER RELATED PROCEDURES UNDER THE LOCAL GOVERNMENT CODE, AS WELL AS ANY PROTESTS RELATING TO ALLEGED IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS. THE LIMITATION DOES NOT INCLUDE PROTESTS RELATING TO STAFF RECOMMENDATIONS AS TO AWARD OF THIS BID. PROTESTS RELATING TO STAFF RECOMMENDATIONS MAY BE DIRECTED TO THE TOWN COUNCIL BY CONTACTING THE TOWN SECRETARY. ALL STAFF RECOMMENDATIONS WILL BE MADE AVAILABLE FOR PUBLIC REVIEW PRIOR TO CONSIDERATION BY THE TOWN COUNCIL. 14. INSURANCE AND BONDING: BIDDER SHALL COMPLY WITH ALL INSURANCE AND BONDING REQUIREMENTS AS SPECIFIED IN THE BID/CONTRACT DOCUMENTS. FAILURE TO MEET SUCH REQUIREMENTS SHALL DISQUALIFY THE BIDDER FROM AWARD. 15. LATE BIDS: BID PACKETS RECEIVED AFTER SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND Town Council Page 214 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 26 UNACCEPTABLE. THE TOWN OF TROPHY CLUB IS NOT RESPONSIBLE FOR THE LATENESS OF MAIL CARRIER, WEATHER CONDITIONS, ETC. 16. ALTERING BIDS: BID PRICES CANNOT BE ALTERED OR AMENDED AFTER SUBMISSION DEADLINE. ANY INTERLINEATION ALTERATION, OR ERASURE MADE BEFORE OPENING TIME MUST BE INITIALED BY THE SIGNER OF THE BID, GUARANTEEING AUTHENTICITY. 17. WITHDRAWAL OF BIDS: A BID PRICE MAY NOT BE WITHDRAWN OR CANCELED BY THE BIDDER FOR A PERIOD OF NINETY (90) DAYS FOLLOWING THE DATE DESIGNATED FOR THE RECEIPT OF BIDS WITHOUT WRITTEN APPROVAL OF THE TOWN, AND BIDDER SO AGREES UPON SUBMITTAL OF BID. 18. PRESENTATION OF BIDS: COMPLETE BID PACKETS MUST BE PRESENTED IN A SEALED ENVELOPE. 19. CHANGE ORDERS: NO ORAL STATEMENT OF ANY PERSON SHALL MODIFY OR OTHERWISE CHANGE, OR AFFECT THE TERMS, CONDITIONS OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL CHANGE ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE TOWN OF TROPHY CLUB. 20. ADDENDA: ANY INTERPRETATIONS, CORRECTIONS OR CHANGES TO THIS BID PACKET WILL BE MADE BY ADDENDA. ADDENDA WILL BE SENT TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS BID PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE "SPECIFICATION" OR "BID PROPOSAL FORM", BIDDERS SHALL ACKNOWLEDGE RECEIPT OF ALL ADDENDA OR THEY WILL BE DECLARED NON-RESPONSIVE. 21. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS/ AWARD BASED UPON BEST VALUE: A PROSPECTIVE BIDDER MUST AFFIRMATIVELY DEMONSTRATE BIDDER’S RESPONSIBILITY. THE TOWN’S AWARD OF BID WILL BE BASED UPON BEST VALUE TO THE TOWN IN ACCORDANCE WITH TEXAS LAW. THE TOWN OF TROPHY CLUB MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO DETERMINE BIDDER’S ABILITY TO MEET THESE MINIMUM STANDARDS AND TO EVALUATE AND DETERMINE BEST VALUE TO THE TOWN, INCLUDING BUT NOT LIMITED TO: RESPONSIBILITY: IN DETERMINING RESPONSIBILITY, TOWN MAY CONSIDER: A. HAVE ADEQUATE FINANCIAL RESOURCES, OR THE ABILITY TO OBTAIN SUCH RESOURCES AS NEEDED; Town Council Page 215 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 27 B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE; C. HAVE SATISFACTORY RECORD OF PERFORMANCE; D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS; E. BE OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD; BEST VALUE: IN DETERMINING THE BEST VALUE FOR THE TOWN, THE TOWN MAY CONSIDER: A. THE PURCHASE PRICE; B. THE REPUTATION OF THE BIDDER AND THE BIDDER’S GOODS OR SERVICES; C. THE QUALITY OF THE BIDDER’S GOODS OR SERVICES; D. THE EXTENT TO WHICH THE GOODS OR SERVICES MEET THE TOWN’S NEEDS; E. THE BIDDER’S PAST RELATIONSHIP WITH THE TOWN F. THE BIDDER’S ABILITY TO COMPLY WITH LAWS AND RULES RELATING TO CONTRACTING WITH HISTORICALLY UNDERUTILIZED BUSINESSES AND NONPROFIT ORGANIZATIONS EMPLOYING PERSONS WITH DISABILITIES; G. THE TOTAL LONG-TERM COST TO THE TOWN TO ACQUIRE THE BIDDER’S GOODS OR SERVICES; H. THE BIDDER’S ABILITY TO GUARANTEE COMPLIANCE WITH DEADLINES AND QUALITY STANDARDS; AND I. THE BIDDERS ABILITY TO COMPLY WITH ALL LAWS REGULATING EMPLOYEE ELIGIBILITY TO WORK IN THE UNITED STATES. 22. SUCCESSFUL BIDDER SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS THE TOWN OF TROPHY CLUB AND ALL ITS OFFICERS, AGENTS AND EMPLOYEES AND ALL ENTITIES, THEIR OFFICERS, AGENTS AND EMPLOYEES WHO ARE PARTICIPATING IN THIS CONTRACT FROM ALL SUITS, ACTIONS, OR OTHER CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURY OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSONS, OR PROPERTY ON ACCOUNT OF ANY NEGLIGENT ACT OR FAULT OF THE SUCCESSFUL BIDDER, OR OF ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR SUPPLIER IN THE EXECUTION OF, OR PERFORMANCE UNDER, ANY CONTRACT WHICH MAY RESULT FROM BID AWARD. SUCCESSFUL BIDDER SHALL PAY ANY JUDGMENT WITH COSTS, INCLUDING REASONABLE ATTORNEYS FEES, WHICH MAY BE OBTAINED AGAINST THE TOWN OF TROPHY CLUB AND PARTICIPATING ENTITIES GROWING OUT OF SUCH INJURY OR DAMAGE. 23. TERMINATION FOR DEFAULT: THE TOWN OF TROPHY CLUB RESERVES THE RIGHT TO ENFORCE THE PERFORMANCE OF THIS CONTRACT IN Town Council Page 216 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 28 ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST INTEREST OF THE TOWN IN THE EVENT OF BREACH OR DEFAULT OF THIS CONTRACT. THE TOWN RESERVES THE RIGHT TO TERMINATE THE CONTRACT IMMEDIATELY IN THE EVENT THE SUCCESSFUL BIDDER FAILS TO 1) MEET DELIVERY SCHEDULES OR, 2) OTHERWISE PERFORM IN ACCORDANCE WITH THESE SPECIFICATIONS. BREACH OF CONTRACT OR DEFAULT AUTHORIZES THE TOWN TO AWARD TO ANOTHER BIDDER, PURCHASE ELSEWHERE AND CHARGE THE FULL INCREASE IN COST AND HANDLING TO THE DEFAULTING SUCCESSFUL BIDDER. 24. REMEDIES: THE SUCCESSFUL BIDDER AND THE TOWN OF TROPHY CLUB AGREE THAT EACH PARTY HAS RIGHTS, DUTIES , AND REMEDIES AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY OTHER AVAILABLE REMEDY, WHETHER IN LAW OR EQUITY. 25. VENUE: THIS AGREEMENT WILL BE GOVERNED AND CONSTRUCTED ACCORDING TO THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN TARRANT/DENTON COUNTY, TEXAS. EXCLUSIVE VENUE SHALL BE IN DENTON COUNTY, TEXAS. 26. SILENCE OF SPECIFICATION: THE APPARENT SILENCE OF THESE SPECIFICATIONS AS TO ANY DETAIL OR TO THE APPARENT OMISSION FROM IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT, SHALL BE REGARDED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES ARE TO PREVAIL. ALL INTERPRETATIONS OF THESE SPECIFICATIONS SHALL BE MADE ON THE BASIS OF THIS STATEMENT. 27. PREPARATION COST: THE TOWN WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH THE PREPARATION, TRANSMITTAL, OR PRESENTATION OF ANY PROPOSALS OR MATERIALS SUBMITTED IN RESPONSE TO ANY BID, QUOTATION, OR PROPOSAL. 28. MINOR DEFECT: THE TOWN RESERVES THE RIGHT TO WAIVE ANY MINOR DEFECT, IRREGULARITY, OR INFORMALITY IN ANY BID. THE TOWN MAY ALSO REJECT ANY OR ALL BIDS. 29. BID OPENINGS: ALL BIDS SUBMITTED WILL BE READ AT THE TOWN’S REGULARLY SCHEDULED BID OPENING FOR THE DESIGNATED PROJECT. HOWEVER, THE READING OF A BID AT BID OPENING SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE TOWN ACCEPTS SUCH BID AS RESPONSIVE. THE TOWN WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS, TOWN OF TROPHY CLUB PURCHASING GUIDELINES, AND Town Council Page 217 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 29 PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE TOWN WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO STATE LAW , ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. Town Council Page 218 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 30 STATEMENT OF BIDDER’S QUALIFICATIONS This form will be used in assessing a Bidder’s Qualification and will be used to determine if bid submitted is from a responsible bidder. State law designates that contracts be awarded to the lowest responsible qualified bidder. Factors such as past performance, integrity of the bidder, conformity to the specifications, etc., will be used in evaluating bids. Attach additional sheet(s) as necessary. Name: ____________________________________________________ Business Address: ____________________________________________________ How many years has your company been in business under its present name? ___________ How many years has your firm been performing the specific type of work involved in this present contract? ______________________________________________________________________ ______ List any relevant Certifications, Licenses, Registrations, etc., which qualify your company to meet the requirements of this bid. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______ List all other contracts your company currently holds (current client list) for similar services for accounts similar in size, scope and nature to that of the Town of Trophy Club. Include account name, nature of service(s) and annual dollar value. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______ In the past three years, has you company failed to complete any work awarded to it? If yes, provide details on when, where and why. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______ Town Council Page 219 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 31 In the past three years, has your company had a contract terminated for failure to perform, or for failure to meet any requirements of the contract? If yes, provide details on when, where and why. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______ In the past three years, have you, or your company, been cited by the Labor Department of the State of Texas, or by any State or local agency, for any violations of state, local or federal, labor laws, regulations, or guidelines, for nonpayment of wages and/or benefits to your employees? If yes, provide details on when, where and why. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______ Are there any judgments, claims or suits, pending, or outstanding, against your company, or its officers? If yes, provide details on when, where or why. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______ Is your company, or any of its principals, presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily or voluntarily excluded by any State, or Federal, agency from participate in bidding on construction projects? If yes, please attach a letter of explanation. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______ ACKNOWLEDGMENT: I (We), the undersigned, hereby certify that the above information is true and accurate and that the Agency will rely on said information as a basis for determining the bidder’s qualifications for the Project being bid. The undersigned further understands that any material misrepresentation, or inaccuracy, stated above will result in bidder’s disqualification, or if applicable, will constitute grounds for the termination of the contract for construction, should one have been issued to the bidder. Town Council Page 220 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 32 Name of Company: __________________________________________________________ Signature: __________________________________________________________ Print Name: __________________________________________________________ Title: __________________________________________________________ REFERENCES Proposals should include five institutions, of similar or the same size, where your organization has provided athletic field maintenance services similar to those being requested at the Town of Trophy Club. Please include name, title, telephone number and email address of a contact person at each institution. References may be checked electronically; the requirement for email addresses is a mandatory requirement. 1. Institution: Contact: Phone number: Email address: 2. Institution: Contact: Phone number: Email address: 3. Institution: Contact: Phone number: Email address: 4. Institution: Contact: Phone number: Email address: Town Council Page 221 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 33 SECTION 4. BID PROPOSAL FORM TO THE TOWN OF TROPHY CLUB, TEXAS FOR PARK SERVICES The undersigned, as bidder, declares (1) that the only person or parties interested in this proposal as principals are those named herein; (2) that this proposal is made without collusion with any other person, firm, or corporation; (3) that bidder has carefully examined the Bid/Contract Documents, including but not limited to the Agreement, Notice to Contractors, specifications and the plans therein referred to; and (4) that bidder has carefully examined the locations and conditions of the proposed work sites. The undersigned agrees that he will provide all the necessary labor, equipment, materials, tools apparatus, and other items incidental to providing landscape services as specified in the contract and specifications to the satisfaction and approval of the Parks and Recreation Director of the Town of Trophy Club or his designee. It is understood that the frequency of services to be provided at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the frequency of work to be done at unit prices and material to be furnished may be increased or diminished as may be necessary to complete the work fully as planned and contemplated, and that the frequency of work, whether increased or decreased, is to be performed at the unit prices set forth below except as provided for in the specifications. Accompanying this proposal is a cashier's check, certified check, or a bid bond in the amount of five percent (5%) of the amount bids, ($__________________________). The bid security accompanying this proposal shall be returned to all unsuccessful bidders. In the event the Town accepts the proposal and the bidder fails to execute a contract, file a performance bond, a payment bond, and insurance meeting the requirements specified herein, within the time frames specified herein (not to exceed 10 business days), the bid security shall become the property of the OWNER and shall be considered as payment for damages due to delay, additional work, and inconvenience suffered by the OWNER on account of such failure of the bidder. It is understood that the work is to be completed in full within the time designated and that the successful bidder shall commence work within 30 (30) calendar days of Town Council Page 222 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 34 Town’s written notice to proceed and shall substantially complete such work as required by the Town within the time frame(s) designated by Town in the performance schedule. It is understood that the OWNER reserves the right to reject any and all bids. The undersigned bidder proposes to do the work, within specified times, and for the following sums: BID PROPOSAL SERVICE AREAS: Entrances to Medlin Cemetery; Fox Point; Eagle’s Ridge; The Woods; Trophy Lake Drive to Village Trail to Highway 114; Medians, slip roads and common areas on Trophy Club Drive; Medians on Trophy Lake Drive; common areas west of Trophy Lake Drive; Medians on Indian Creek Drive; Medians on Trophy Wood Drive; Lot on Sonora; Lot on Oakhill Drive; Triangle by Bridge on Trophy Club Drive; Fairway Village Common Area; Oakhill Triangle; Ave 20 medians (2); Two (2) Medians on Summit Cove; Two (2) Medians on Troon Drive; One (1) Median on Muirfield Court; One (1) Median on Colonial Court; (1) Median on Lake Forrest Drive; One (1) Median on Cypress Court; One (1) Median on Brookhollow Lane; One (1) Median on St. Andrews Court; One (1) Median on Lake Forrest Court; One (1) Median on Turnbury Court; One (1) Median on Glen Eagles Court; One (1) Median on Sunrise Court; One (1) Median on East Hillside Place; One (1) Median on Skyline Drive; One (1) Median on Rushing Creek Court; One (1) Median on Roaring Creek; One (1) Median on Spring Creek; One (1) Median on Straight Creek; Street Shoulder on Indian Creek, beginning at Lot #74 on Colonial Court to Lot #1 at Troon Court; Street Shoulder on Trophy Club Drive from Lee Court to Lot # 39 on Oakhill Drive; Trophy Lake Drive and Village Trail; Area East of Beck Creek bordered by Winding Creek Court and Highway 114; Skyline Park; Public trail system in The Lakes Subdivision; Various berm areas fronting Highway 114; Beck Creek; The Lakes’ Subdivision Creek; Three(3) open space area s; Bobcat Blvd common areas and medians; Various entrance and common space areas within the Highlands; Trails and open space; Independence Park; Harmony Park; Freedom Park; Lakeview Park; Trophy Club Park; Open space adjacent to the northern linear trail and ponds; Public Services Building; Police station; MUD lift stations 1-13; Svore Building; MUD water storage area The Service Areas are identified for each area in the section titled exhibits, attached hereto. Maintenance Schedule: Town Council Page 223 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 35 MEDIANS AND RELATED AREAS IRRIGATED: Entrance to Medlin Cemetery; Fox Point; Eagle’s Ridge; The Woods; Trophy Lake Drive to Village Trail to Highway 114; Public Trail System in The Lakes’ Subdivision; Trophy Wood Drive Medians; Trophy Lake Drive Medians; Trophy Club Drive Medians, slip roads and common areas; Indian Creek Drive Medians; Oak hill Triangle; Lake forest median; Muirfield Ct median; Fairway Village common area; Brook Hollow Ln; Trophy Club Dr connecting trail; Common area west side of Trophy Lake Dr; Trophy Wood sidewalks; police station; Public Service building; Ave 20 medians (2); Summit Cove medians (2) Rosebay Ct lot #48 in Highlands. Mowing Services: Mow, weed-eat, edge, trash removal (1) one time per week for (36) weeks. Cost per cycle _________ 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Hedging/pruning shrubs: Hedge and prune shrubs/bushes (include disposal of debris) (8) times annually. Cost per cycle _________ 8 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Mulching: Mulch (2) times per year with cypress. 1. Tree rings and collars 2. Flowering beds and plant beds 3. Hedge lines 4. Median beds Cost per cycle _________ 2 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Town Council Page 224 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 36 MEDIANS AND RELATED AREAS NON-IRRIGATED: Lot #___ on Sonora; Triangle by Bridge on Trophy Club Drive; Lot on Oakhill Drive; One (1) Median on Colonial Court; One (1) Median on Cypress Court; One (1) Median on St. Andrews Court; One (1) Median on Lake Forrest Court; One (1) Median on Turnbury Court; One (1) Median on Glen Eagles Court; One (1) Median on Sunrise Court; One (1) Median on East Hillside Place; One (1) Median on Rushing Creek Court; One (1) Median on Roaring Creek; One (1) Median on Spring Creek; One (1) Median on Straight Creek; Street Shoulder on Indian Creek, beginning at Lot #74 on Colonial Court to Lot #1 at Troon Court; Street Shoulder on Trophy Club Drive from Lee Court to Lot # 39 on Oakhill Drive; Trophy Lake Drive and Village Trail; Area East of Beck Creek bordered by Winding Creek Court and Highway 114; Skyline Park , (2) open space areas; Bobcat Blvd common area, Roanoke side; water tower property on Bobcat Blvd. common area between creek and quorum apts. Mowing Services: Mow, weed eat, edge, trash removal (1) one time per week for 18 weeks. Cost per cycle: _________ 18 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Hedging/pruning shrubs: Hedge and prune shrubs/bushes (include disposal of debris) (8) times annually. Cost per cycle _________ 8 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Mulching: Mulch (2) times per year with cypress. 1. Tree rings and collars 2. Flowering beds and plant beds 3. Hedge lines 4. Median beds Cost per cycle _________ 2 Cycles per year Town Council Page 225 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 37 Annual Cost (#Cycles X Cost/cycle): _________ BRUSH-HOG/ROUGH MOW AREAS: Area east of Freedom Park; area at the termination of Trophy Park Drive; 114 Burm between Trophy Club Drive and Trophy Lake Drive; Common areas along linear trail system and adjacent Highland areas. Mowing Services: Brush-hog, trash removal eight (8) time per year. Cost per cycle: _________ 8 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ NORTH LINEAR TRAIL SYSTEM 10’ swath cut on either side of the trail where possible; 10’ swath cut behind resident; weed-eat behind resident fences. Also cut and weedeat around accessible part of ponds. Mowing Services: Mow, weed-eat, edge, trash removal eighteen (18) times per year. Cost per cycle: _________ 18 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ FREEDOM PARK Annual: 1. Install new fibar in playground 2. Replace artificial turf in big dog entrance 3. Install pea-gravel in both entrances Bi-annual: 1. Add sand to sand box 2. Aerate dog park Town Council Page 226 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 38 Cost per cycle: _________ 2 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Quarterly: Till fibar Cost per cycle: _________ 4 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Mowing Services: Mow, weed-eat and edge (36) times per year (must be done on Tuesdays) Cost per cycle: __________ 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): __________ Bi-weekly maintenance: 1. Rake decomposed granite 2. Inspect playground 3. Remove debris in parking lot and front entrance 4. Blow parking lot Cost per cycle _________ 104 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Town Council Page 227 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 39 Daily Maintenance: 1. Inspect drinking fountains and wash stations 2. Remove ground trash and replace liners 3. Remove dog feces 4. Inspect entry gates (5) 5. Inspect 3 double gates 6. Inspect doggy stations/replace bags 7. Rake playground 8. Wash out and refill large dog bowls 9. Inspect dog equipment 10. Adjust and repair all park signage Cost per cycle: _________ 258 Cycles per year Annual Cost (#Cycles X Cost/cycle) _________ HARMONY PARK Mowing Services: Mow, weed-eat and edge common areas and trails (42) times per year Cost per cycle: __________ 42 Cycles per year Annual Cost (#Cycles X Cost/cycle): __________ Bi-weekly maintenance: 1. Inspect and replace “doggy” bags at doggy stations 2. Clean bathrooms: a. Scrub toilets b. Clean sinks c. Power-wash walls and floor 3. Inspect playground 4. Check basketball courts and goal chains Town Council Page 228 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 40 Cost per cycle: __________ 104 Cycles per year Annual Cost (#Cycles X Cost/cycle): __________ Bi-annual maintenance: 1. Add “play sand” to sand box (2” below concrete lip) 2. Aerate soccer fields Cost per cycle: __________ 2 Cycles per year Annual Cost (#Cycles X Cost/cycle): __________ Annually: 1. Add new fibar to playground 2. Scalp and remove clippings (soccer fields – fall) 3. Overseed soccer fields with Rye 4. Install sod in bare areas (soccer fields) 5. Top dress soccer fields 6. Add decompose granite to bocce ball court Cost per cycle __________ Annual cost (#Cycles X Cost/cycle): __________ Daily maintenance: 1. Remove ground trash and replace liners 2. Remove debris and blow tennis courts 3. Rake/ remove debris bocce ball courts 4. Remove debris and blow off pavilion, trails and parking lot 5. Rake playgrounds (2) 6. Inspect bleachers, grills and picnic tables 7. Inspect/service restrooms a. Restock toilet paper b. Refill soap dispensers c. Inspect toilets d. Inspect sinks Town Council Page 229 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 41 Cost per cycle: _________ 258 cycles per year Annual cost (#Cycles X Cost/cycle): _________ Quarterly: Till fibar in playgrounds Cost per cycle: _________ 4 cycles per year Annual cost (#Cycles X Cost/cycle): _________ Athletic maintenance: Reel mow soccer fields and weed-eat interior and perimeter fields twice per week for (36) weeks Cost per cycle __________ 72 cycles Annual cost (#Cycles X Cost/cycle) __________ Reel mow Ryed soccer fields once per week for (12) weeks Cost per cycle _________ 12 cycles Annual cost (#Cycles X Cost/cycle) _________ Paint soccer field lines (20) times per year Cost per cycle _________ 20 cycles Annual cost (#Cycles X Cost/cycle) _________ Town Council Page 230 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 42 LAKEVIEW PARK: Mowing Services: Mow, weed-eat and edge common areas and trail (36) times per year Cost per cycle: ________ 36 cycles per year Annual cost (#Cycles X Cost/cycle): ________ Athletic maintenance: Reel mow soccer fields twice per week for (36) weeks Cost per cycle __________ 72 cycles Annual cost (#Cycles X Cost/cycle) __________ Reel mow Ryed soccer fields once per week for (12) weeks Cost per cycle __________ 12 cycles Annual cost (#Cycles X Cost/cycle) _________ Paint soccer field lines (9) nine times per year Cost per cycle _________ 9 cycles Annual cost (#Cycles X Cost/cycle) _________ Town Council Page 231 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 43 Daily maintenance: 1. Remove ground trash and replace liners 2. Inspect porta potties Cost per cycle: ________ 258 cycles per year Annual cost (#Cycles X Cost/cycle): ________ Bi-annual maintenance: Aerate fields (2) times per year Cost per cycle: ________ 2 cycles per year Annual cost (#Cycles X Cost/cycle): ________ Annual maintenance: Top dress soccer fields Cost per cycle: ________ Annual cost (#Cycles X Cost/cycle): ________ INDEPENDENCE PARK: Mowing Services: Mow, weed-eat and edge common areas and trail (36) times per year Cost per cycle: __________ 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): __________ Town Council Page 232 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 44 Athletic maintenance: Walk-behind Reel mow infields twice per week for (36) weeks Cost per cycle __________ 72 cycles Annual cost (#Cycles X Cost/cycle) __________ Reel mow outfields twice per week for (36) weeks Cost per cycle __________ 72 cycles Annual cost (#Cycles X Cost/cycle) __________ Weed-eat baseball field interior and exterior perimeters twice per week for (36) weeks Cost per cycle __________ 36 cycles Annual cost (#Cycles X Cost/cycle) __________ Daily maintenance: 1. Remove ground trash and replace liners 2. Inspect and remove debris on tennis courts 3. Restock toilet paper and soap dispensers 4. Check restrooms and clean 5. Blow all debris on trails 6. Inspect water fountains 7. Inspect/service restrooms a. Restock toilet paper b. Refill soap dispensers c. Inspect toilets d. Inspect sinks Town Council Page 233 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 45 Cost per cycle __________ 36 cycles per year Annual cost (#Cycles X Cost/cycle) __________ Twice a week maintenance (during baseball use of fields – 32 weeks): 1. Power wash pavilion 2. Power wash restrooms a. Scrub toilets b. Clean sinks c. Power-wash walls and floor 3. Remove accumulated infield material from surrounding turf in running lanes, arch, home plate and pitching mound 4. Remove all debris in dugouts 5. Remove all debris from infield 6. Wash down bleacher areas and dugouts 7. Blow parking lot 8. Refill clay in pitching mounds 9. Inspect all gates and double gates 10. Inspect playground 11. Inspect basket ball backboards and nets 12. Chalk field lines 13. Hand rake running lanes, home plate areas, pitching mounds and bull-pens 14. Drag skinned areas with Toro Sandpro or equivalent Cost per cycle __________ 64 cycles per year Annual cost (#Cycles X Cost/cycle) __________ Twice a month maintenance: 1. Wash off accumulated infield material from surrounding turf in running lanes, arch, home plate and pitching mound 2. Replace clay bricks in home plate areas 3. Clean out underground drains in fields 5,6 and 7 4. Add clay to all bullpens Town Council Page 234 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 46 Once a month maintenance (warm season): Aerate fields only during warm season Cost per cycle __________ Annual cost (#Cycles X Cost/cycle) __________ Quarterly: Till fibar in playgrounds Cost per cycle: _________ 4 cycles per year Annual cost (#Cycles X Cost/cycle): _________ Bi-annual maintenance: 1. Add mulch to exercise stations 2. Add mulch to veterans memorial flower bed 3. Add mulch to all existing tree rings 4. Till all of skinned areas and add conditioner 5. Rebuild all pitching mounds Cost per cycle: _________ 2 cycles per year Annual cost (#Cycles X Cost/cycle): _________ Annual maintenance: 1. Top dress all sports fields 2. Replace all pitching rubbers and home plates 3. Replace all bases Town Council Page 235 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 47 Cost per cycle: _________ Annual cost (#Cycles X Cost/cycle): _________ COMMUNITY POOL: Mowing Services: Mow, weed-eat and edge common areas, sidewalks (24) times per year Cost per cycle: __________ 24 Cycles per year Annual Cost (#Cycles X Cost/cycle): __________ Mowing Services: Mow, weed-eat and edge common areas, sidewalks (12) times per year during pool season (must be done on Tuesdays) Cost per cycle: __________ 12 Cycles per year Annual Cost (#Cycles X Cost/cycle): __________ TROPHY CLUB PARK: Mowing Services: Mow, weed-eat, edge, trash removal along pipe rail fence and large common areas. Brush-hog beginners OHV area. (12) times annually. Cost per cycle _________ 12 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Town Council Page 236 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 48 Mowing Services: Mow and weed-eat beautification area (Trophy Gardens) (36) times per year Cost per cycle: ________ 36 cycles per year Annual cost (#Cycles X Cost/cycle): ________ MUD FACILITIES: Lift stations 1-13: Mowing Services: Mow, weed-eat, edge, (1) one time per week for 18 weeks. Cost per cycle: _________ 18 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Svore Building: Mowing Services: Mow, weed-eat, and edge (1) one time per week for (36) weeks. Cost per cycle _________ 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Trim shrubs (1)) one time per week for (8) weeks Cost per cycle _________ 36 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Town Council Page 237 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 49 Bi-annual color change: Mulch beds and plant 16 flats of annual color Cost per cycle _________ 2 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Water Storage Facility: Mowing Services: Mow, weed-eat, edge, (1) one time per week for 18 weeks. Cost per cycle: _________ 18 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ DRAINAGE MAINTENANCE: The Town has several drainage areas that require both trash and vegetation removal. Work in these areas requires a minimum of three workers wearing wading gear. Quarterly: 120 man-hours per week Cost per cycle: _________ 4 Cycles per year Annual Cost (#Cycles X Cost/cycle): _________ Town Council Page 238 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 50 WEEKEND SUPPORT: Weekends: Provide (4) hours general park support services for the Town both Saturday and Sunday morning and afternoons for general labor for (36) weekends annually. This position must be able to effectively communicate with the general public. Cost per weekend _________ 36 Cycles per year Annual cost (#cycles X cost per weekend) _________ IRRIGATION: Weekly: Provide (80) eighty hours general irrigation services for the Town, including but not limited to: installation and repair of general and specific irrigation components and auditing and maintaining current system (materials will be provided by the Town). Cost per hour _________ 80 hours per week Annual cost _________ (80 hours per week X cost per hour X 52 weeks) CHEMICAL APPLICATION: Annually: Fire Ant control/ 2 lbs of Top Choice per 1,000 sq. ft Cost per cycle: _________ Annual Cost (#Cycles X Cost/cycle): _________ Town Council Page 239 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 51 Grub control/ 1.8 lbs of Merit per 1,000 sq. ft Cost per cycle: _________ Annual Cost (#Cycles X Cost/cycle): _________ Bermuda fertilization and herbicide product and schedule for irrigated areas: Mid-Late February Spring Pre-Emerge – apply by the end of February for optimum control Granular or Liquid –Barricade .75 lbs per 1,000 sq. ft. Mid-April 21-0-0 application to kick start the Bermuda 5 lbs pr 1,000 sq. ft. May fertilize using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per 1,000 sq. ft. Post emerge control of broadleaf weeds with Vessel 3-way herbicide and grassy weeds (crabgrass) with Drive XLR8/ 2 gallons of water per 1,000 sq. ft July fertilization using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per1000 sq ft Post emerge control of nutsedge September fertilize using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per1000 sq ft Should last 8 weeks November 0-0-22 K-mag application at 5 lbs per 1000 sq ft Prior to Spring pre-emergent application Spot spray 1% round-up on all weeds when turf is dormant Cost per cycle (include labor): _________ Annual Cost (#Cycles X Cost/cycle): _________ Town Council Page 240 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 52 SPECIAL EVENTS SUPPORT: Annually: The Town holds the following events at which we will need the specified number of workers to be available for the amount of hours requested (this may be over a two day period involving both set-up and take-down): Fall Festival 4 workers/20 hours Fall Campout 2 workers/16 hours Christmas 4 workers/32 hours Set-up/take down 4 workers/96 hours Easter 2 workers/16 hours Back to Nature 4 workers/32 hours Spring Campout 2 workers/16 hours July Fourth 11 workers/77 hours Petfest 4 workers/32 hours Spring Event 4 workers/32 hours Garden Tour 3 workers/24 hours Cost per hour _________ 409 hours per year Annual cost (cost per hour X hours per year) _________ Town Council Page 241 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 53 MISCELLANEOUS SERVICES: Bi-annual color change (include labor and bed prep in flat price): Cost per flat _________ 2500 flats Annual cost (#flats X cost per flat) _________ Tree pruning and disposal: Cost per hour _________ 120 hours Annual cost (#hours X cost per hour) _________ General Labor: Cost per hour _________ 1,997 hours per year Annual cost (#cost per hour X hours per year) _________ TOTAL BID $__________________ Respectfully Submitted, __________________________________________ (Company / Entity Name) By: _______________________________________ __________________________________________ (Printed Name) __________________________________________ (Title) __________________________________________ (Address) __________________________________________ Town Council Page 242 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 54 In the event of the award of a contract to the undersigned, the undersigned will (1) furnish a performance and a payment bond for the full amount of the contract as specified herein, (2) secure proper compliance with the terms and provisions of the contract, and (3) guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when the Town is satisfied that work is fully completed and finished in accordance with the plans and specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Receipt is hereby acknowledged for the following addenda to bid proposal: Addendum No. 1 Dated Received Addendum No. 2 Dated Received Addendum No. 3 Dated Received Addendum No. 4 Dated Received CONTRACTOR By: Title Address Seal and Authorization (If a Corporation) City, State, Zip Telephone -END OF PROPOSAL- Town Council Page 243 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 55 SECTION 5. RESIDENT/NON-RESIDENT BID FORM THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR BID TO BE CONSIDERED: V.T.C.A. Government Code Section 2252.002: Non-resident Bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident bidder unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidder’s state. In order to make this determination, please answer the following questions: 1. Address and phone number of your principal place of business: 2. Name and address of principal place of business, and phone number of your company’s majority owner: 3. Name and address of principal place of business, and phone number of your company’s ultimate parent company: Town Council Page 244 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 56 Signed by: Contractor Printed Name: Date Signed: Town Council Page 245 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 57 SECTION 6. **PARK SERVICES AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB AND CONTRACTOR **This document is a substantial copy of the Agreement that the successful bidder will be required to execute. The Town reserves the right to make changes to this document as it deems appropriate and necessary based upon the actual project awarded. The successful bidder will be required to execute an Agreement substantially in the form provided below. Insurance and bonding requirements must be met. The successful bidder will be provided a final Agreement for execution subsequent to Council award of bid. PARK SERVICES AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THIS AGREEMENT for mowing services (hereinafter referred to as “Agreement”), is entered into this _____ day of _______________ 2015, by and between the TOWN OF TROPHY CLUB, TEXAS, a Home Rule Municipality (hereinafter referred to as “Town”), and ____________ of _______, ______, Texas (hereinafter referred to as Contractor), both acting through their duly authorized officers or employees. WITNESSETH: WHEREAS, Town desires to contract with Contractor to provide landscape services for a number of areas of public or publicly controlled property within the Town which are shown a copy of which is attached hereto and incorporated herein for all purposes (hereinafter called “Property”); and WHEREAS, Town, under the terms and conditions set forth herein, is agreeable to Contractor providing Park Services, in accordance with this Agreement, in and upon the Property. Town Council Page 246 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 58 NOW, THEREFORE, for and in consideration of the covenants, obligations and undertakings to be performed by each of the parties to this Agreement, the parties do hereby agree as follows: 1. SCOPE OF SERVICES. A. Services. Contractor shall provide the following services in accordance with the Contract Documents which include without limitation, the following: Addendums to this Contract for Park Services and this Contract for Park Services (hereinafter “Park Services”); Exhibit “A” - “Specifications/Contract Documents for Park Services for the Town of Trophy Club, Texas”, including without limitation Sections 1 through 1 1, a copy of which is attached hereto and incorporated herein; Exhibit “B” – Insurance Requirements; Exhibit “C” - Contractor’s Proposal”, a copy of which is attached hereto and incorporated herein. The above listed Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed above. 1. Mowing: a) rotary mowers with grass catchers or mulching capability so that no grass is discharged onto the streets or upon sidewalks; or b) reel mowers with grass catchers so that no grass is discharged onto streets or sidewalks. 2. Edging- Contractor shall edge with a blade all curbs and sidewalks at each mowing. Edging shall be done in conjunction with each mowing cycle. Edging with string type trimmers is not permitted except by permission of the contract administrator. 3. Weed-eating- Contractor shall use a weed eater at each mowing to provide a manicured appearance. Contractor shall use such weed eater to cut all grass, weeds, and other natural plant materials in areas where a mower may not be used, including but not limited to weed eating around trees, edgings, shrubs, fencing and other obstacles, whether natural or manmade. Trimming shall be performed concurrently with mowing. Trimming shall be done in such a way as to not damage trees or shrubs. 4. Litter/ Debris- Contractor shall remove litter/debris from property is performed for both aesthetic and safety reasons. Litter on property is to be removed prior to mowing. Responsibilities shall includeboth organic and inorganic debris. Contractor is responsible for the disposal of such debris. Town Council Page 247 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 59 5. Painting/Chalking field lines- Contractor shall apply field paint with an airless sprayer designed for marking athletic fields. Aerosal paint is not acceptable. 6. Core aerification- Contractor shall aerify with a tractor mounted, pto, cam type core aerifier equipped with ¾ inch side eject tines, spaced on no more than 3 to 3.5 inche centers, and a minimum coring depth of 3 inches. The cores are to be brought to the surface and pulverized back into the turf. 7. Topdressing- Topdressing shall be done as specified on all Bermuda turf areas with a material that shall be of a similar profile to the soil below the turf. It shall be applied at ¼ “ depth for proper coverage at a rate of ¾ cubic yards per 1,000 sq. ft. 8. Mulch- Contractor shall maintain at least 3” of shredded cypress mulch around all landscaping and flower beds. 9. Pruning- Contractor shall prune as required to maintain a consistently uniform appearance on hedges, shrubs, trees and ground cover. Trees must be kept 8-14’ above roads and right-of- ways and walks depending on requirements. All pruned materials must be removed and disposed of by the Contractor. Pruning shall include: a. Dead, dying or unsightly branching b. Crossed branches c. Sprouts growing from or near the base of the plant d. Nuisance growth that interferes with view, walks, lighting, or signage. Town may either supply the materials for the Additional Maintenance Services or may request Contractor provide a quote for those materials. Town reserves the right to select the most financially beneficial option. B. Mowing Schedule. Contractor shall provide all Maintenance Services in accordance with the maintenance schedule provided by Town. Such schedule shall be provided annually based upon the Town’s fiscal year. The schedule may be modified by the Town annually. Town shall provide written notice to Contractor in the event of such modification. Contractor shall mow according to the schedule and shall not deviate from that schedule or provide maintenance services or any additional services other than those specifically provided in the Town issued maintenance schedule without the prior written authorization of Town. 3. RESPONSIBILITIES OF CONTRACTOR. A. Contractor shall be responsible for any and all damaged sprinkler heads and irrigation equipment, and general damage to the Property or any equipment or fixtures thereon. It shall be the sole responsibility of Contractor to immediately flag and report all such Town Council Page 248 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 60 damage to the Town’s Parks and Recreation Director or his designee. Contractor shall be responsible for all costs for repairing such damage. Town shall, in its sole discretion, deduct the costs of those repairs from the current payment due to Contractor. Failure by Contractor to report any such damage to Town shall be a breach of this Contract. B. Contractor shall furnish or cause to be furnished, at its expense, all labor, equipment accessories and services necessary to provide Park Maintenance Services in accordance with this Agreement and all specifications provided by the Town. C. The Town shall inspect such Maintenance Services provided by Contractor for quality and compliance with the terms of this Agreement, and Contractor shall be required to take such steps as are necessary to cause all such services to be accomplished in accordance with Town standards and this Agreement. 4. TERM. This Agreement shall become effective upon signing and work hereunder shall commence upon issuance of notice to proceed by Town. The term of this Agreement shall be for a period of one (1) year from the date of notice to proceed and, upon mutual agreement of the parties, may be renewed annually for a period of three (3) terms of one (1) year each. 5. NOTICE. Contractor shall provide the Town with a primary and secondary contact person knowledgeable about maintenance of the Property and Additional Maintenance Services specified hereunder, along with phone numbers where they can be each reached at all times. The Town shall maintain a database with such information solely for the operational and emergency purposes of the Town. Contractor shall notify the Town of any changes in the contact persons or phone numbers within ten (10) days of any changes in the contact information. 6. CONSIDERATION. In consideration for the compensation provided hereinbelow, Contractor, its representatives, successors or assigns, at its sole expense, shall furnish all labor, materials, equipment, accessories and services, necessary to provide Park Services in accordance with the approved Specifications and Additional Maintenance Services for the Property as requested by the Town. Town shall pay Contractor an amount not to exceed _____________________________________ ($_____) in accordance with Contractor’s Proposal, a copy of which is attached hereto and incorporated herein as Exhibit “A”. In the event of a conflict between the terms, provisions, or pricing of Contractor’s Proposal and this Agreement, the terms of this Agreement shall control. Total compensation hereunder shall not exceed ____________ annually. Payments shall be made monthly and shall be due within thirty (30) days after receipt and Town Council Page 249 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 61 approval of invoice by Town. Invoices shall be submitted in the format required by Town. 7. INSURANCE. Contractor, including his/her respective subcontractors, representatives, agents, and assigns providing services in fulfillment of the obligations of Contractor under the terms of this Agreement shall provide and maintain insurance as specified in Exhibit “B” throughout the entire term of this Agreement. Should Contractor fail to comply with this provision, Town may terminate this agreement upon five (5) days written notice to Contractor. 8. RIGHTS AND RESPONSIBILITIES OF TOWN. The Town reserves the right to periodically inspect the Property to determine that such areas are being properly maintained by Contractor. If, upon such inspection, Town finds that Contractor is not properly maintaining such areas, Town shall so notify Contractor in writing, specifying the deficiencies. If Contractor does not remedy such deficiencies within five (5) days following receipt of such written notice, Town shall have the option of performing the necessary maintenance work itself and deducting such costs from payments made to Contractor hereunder or to bill Contractor for all costs incurred, whether by a third party independent contractor retained by Town or by the Town. Contractor shall remit all payments to Town under this Section within ten (10) days of receipt of a statement from the Town. 9. TERMINATION: Except as otherwise provided herein, this Agreement may be terminated by either party with a one hundred and twenty (120) day written notice. Contractor shall notify the Town, “Attention: “Parks and Recreation Director”, in writing, of its desire to terminate this Agreement and end its maintenance responsibilities for the Property. 10. INDEMNIFICATION: Contractor, its representatives, successors, officers, agents and assigns hereby covenant and agree that no claim, loss, cause of action, suit or other action for damages resulting from death or personal injury to any of the above, or damage to personal property belonging to any of the above, or based in any manner upon the Landscape Services and Additional Maintenance Services on the Property, will ever be instituted by Contractor, its representatives, successors, or assigns against the Town, its officials, officers, representatives, agents or employees. In the event that a claim or cause of action is brought by a representative, successor, agent, officer, employee, assign, or any other third party for whom Contractor is legally liable, Contractor shall release, hold harmless, defend and indemnify the Town against any such claim or cause of action. Contractor, its officers, employees, agents, representatives, successors, and assigns hereby covenant and agree to release, defend, indemnify and hold the Town, its officials, officers, agents and employees harmless from Town Council Page 250 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 62 and against any and all claims, loses, suits, causes of action or demands of any nature whatsoever attributable to, arising out of, or resulting from Landscape Services and Additional Maintenance Services for the Property. 11. ENTIRE AGREEMENT: This Agreement constitutes the entire and complete understanding between Town and Contractor and all requirements hereunder may be modified or amended only by written instrument executed by Contractor and the Town, their representatives, successors, or assigns. No other representation or agreement between Town and Contractor, except as set forth herein, shall be binding. 12. VENUE: The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement, and Denton County shall be the exclusive venue for the bringing of any action to enforce the terms and conditions of this Agreement. 13. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 14. NONWAIVER. The parties agree that one (1) or more instances of forbearance by Town in the exercise of its rights herein shall in no way constitute a waiver thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: BY: ________________________________ (Signature) ________________________________ (Print Name) ________________________________ (Title) Town Council Page 251 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 63 TOWN OF TROPHY CLUB, TEXAS BY: ________________________________ NICK SANDERS MAYOR ATTEST: _________________________________ TOWN SECRETARY APPROVED AS TO FORM: _________________________________ TOWN ATTORNEY ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF ______________ § This instrument was acknowledged before me on the ___ day of ________________, 2015 by __________________________, __________________ of CONTRACTOR, a _________________ partnership/corporation, on behalf of such _________. ______________________________ Notary Public, State of Texas Town Council Page 252 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 64 STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the ___ day of __________________, 2015 by NICK SANDERS, Mayor, of the TOWN OF TROPHY CLUB, TEXAS, a general law municipality, on behalf of such municipality. ____________________________________ Notary Public, State of Texas Town Council Page 253 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 65 EXHIBIT “A” Specifications/Contract Documents for Landscape Services for the Town of Trophy Club Town Council Page 254 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 66 EXHIBIT “B” Insurance Requirements Town Council Page 255 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 67 EXHIBIT “C” Contractor’s Proposal Town Council Page 256 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 68 SECTION 7. PERFORMANCE BOND Town Council Page 257 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 69 PERFORMANCE BOND STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That ______________whose address is _______________________________________________________, hereinafter called Principal, and _____________________________________, a corporation organized and existing under the laws of the State of ___________, and fully licensed to transact business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the TOWN OF TROPHY CLUB, TEXAS a general law municipal corporation, hereinafter called "Beneficiary", in the penal sum of ____________________________________________________________ DOLLARS ($____________________) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Trophy Club, the Beneficiary, dated on or about the _______ day of _____________________, _____, A.D. which is incorporated herein and made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Landscape Services for the Town of Trophy Club NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of such Contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of such Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Town Council Page 258 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 70 PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that such Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County or Tarrant County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article 7.19-1. IN WITNESS WHEREOF, this instrument is executed in ____ copies, each one of which shall be deemed an original, this, the _____ day of _________________, _____. PRINCIPAL:_____________________ BY: ___________________________ Name ATTEST: __________________________ TITLE: _________________________ SURETY: _______________________ BY: __________________________ Name ATTEST: __________________________ TITLE:_________________________ The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for delivery of notice and service of process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: Town Council Page 259 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 71 NOTE: Date on Page 1 of Performance Bond must be same date that Town Council awarded Contract. Date on Page 2 of Performance Bond must be after the date that Town Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. Town Council Page 260 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 72 SECTION 8. PAYMENT BOND Town Council Page 261 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 73 PAYMENT BOND STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That ______________________ whose address is __________________________, hereinafter called "Principal", and __________________________, a corporation organized and existing under the laws of the State of __________, and fully licensed to transact business in the State of Texas, hereinafter "Surety", are jointly and severally held and firmly bound unto the TOWN OF TROPHY CLUB, TEXAS, a general law municipal corporation, hereinafter called "Beneficiary", and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements described below, in the penal sum of _____________________________________ DOLLARS ($_________________) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. WHEREAS, the Principal entered into a certain Contract with the Beneficiary, dated on or about the _______ day of _______________, _____, A.D. which is incorporated herein and made a part hereof by reference, for Park Services for the Town of Trophy Club NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in such Contract and any and all duly authorized modifications of such Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it Town Council Page 262 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 74 does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of V.T.C.A., Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County or Tarrant County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article 7.19-1. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this the __________ day of _________________, _____. PRINCIPAL:__________________________ BY: ________________________________ Name ATTEST: __________________________ TITLE:______________________________ SURETY:____________________________ BY: ________________________________ Name ATTEST: __________________________ TITLE:______________________________ The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Payment Bond must be same date that Town Council awarded Contract. Date on Page 2 of Payment Bond must be after the date that Town Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. Town Council Page 263 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 75 SECTION 9. INSURANCE REQUIREMENTS Town Council Page 264 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 76 INSURANCE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT MUST BE RETURNED AS PART OF BID I, the undersigned agent, certify that the insurance requirements contained in this bid document have been reviewed by me with the below-identified contractor. If the below- identified contractor is awarded this contract by the Town of Trophy Club, I will be able, within ten (10) working days after being notified of such award, to furnish a valid insurance certificate to the Town meeting all of the requirements contained in this bid. Agent’s Signature Agent Name (Print or Type) Name of Insurance Carrier Address of Agency City/State Phone Number Name of Contractor (Print or Type) SUBSCRIBED AND SWORN TO before me this ____________ day of __________________, ______. ________________________________ Notary Public, State of Texas NOTE TO AGENT: If this time requirement is not met, the Town has the right to declare this bidder non-responsible and award the contract to the next lowest qualified bidder meeting the specifications. If you have any questions concerning these requirements, please contact the Town of Trophy Club at 682-831-4690. Town Council Page 265 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 77 INSURANCE CHECKLIST (SERVICES) ("X" means the coverage is required.) Coverages Required Limits (Figures Denote Minimums) X 1. Workers' Compensation & Statutory limits of State of Texas Employers' Liability $100,000 accident $100,000 disease $500,000 policy limit disease ___ 2. For Future Use ___ 3. Town Approved Alternative 150,000 medical, safety program Workers’ Comp. Program X 4. General Liability Complete entry No. 26 Minimum 500,000 each incident 1,000,000 occurrence X 5. General aggregate applies per project (CGL) X 6. Premises/Operations X 7. Independent Contractors $500,000 combined single limit for bodily injury and property damage X 8. Products damage each occurrence with X 9. Completed Operations $1,000,000 general aggregate that applies to project under contract X 10. Contractual Liability X 11. Personal Injury Liability $500,000 each offense & aggregate _ 12. XCU Coverages X 13. Automobile Liability $500,000 Bodily Injury & Property X 14. Owned, Hired & Non-owned Damage each accident ___ 15. Motor Carrier Act Endorsement Town Council Page 266 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 78 ___ 16. Professional Liability $500,000 Bodily Injury & Property Damage each accident. ___ 17. Garage Liability $_____BI & PD each occurrence ___ 18. Garagekeepers' Legal $_____- Comprehensive $_____- Collision X 19. Owners Protective $500,000 Combined single limits Liability X 20. Town named as additional insured on other than W/C. This coverage is primary to all other coverages the Town may possess. X 21. Town provided with Waiver of Subrogation on Workers' Compensation or Alternative program if applicable. X 22. Ten (10) days notice of cancellation, non-renewal, material change or coverage reduction endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 23. The Town of Trophy Club prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and Poors Rating AA or better; Authorized to do business in the State of Texas (not applicable for workers' compensation assigned through pool or alternative compensation programs). X 24. The Certificate must state bid number and bid title or project. ___ 25. Other Insurance Required: INSURANCE AGENT'S STATEMENT I have reviewed these requirements with the bidder named below. Additionally: X 26. The above policy(s) carry the following deductibles:____________ Full limits of coverage available for: General Liability________ Automobile Liability____________ X 27. Liability policies are (indicate): OCCURRENCE [ ] CLAIMS MADE [ ] Town Council Page 267 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 79 ___________________________ Insurance Agent (Print) ___________________________ Signature Date Town Council Page 268 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 80 EXHIBIT A-1 INSURANCE COVERAGE INSURANCE INSURANCE: (Review this section carefully with your insurance agent prior to bid or proposal submission. See "Insurance Checklist" on the last page or specific coverages applicable to this contract). The Insurance Checklist is incorporated herein. 1. General Insurance Requirements: 1.1 The Contractor shall not start work under this Contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the Town; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor and subcontractors for the Town of Trophy Club will be granted only after submission to the Town of original, signed certificates of insurance or, alternately, at the Town's request, certified copies of the required insurance policies. 1.2 The Contractor shall require all subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Business Automobile Liability insurance, and Workers' Compensation and Employer's Liability insurance, in the same manner as specified for the Contractor. The Contractor shall furnish subcontractors' certificates of insurance to the Town immediately upon request. 1.3 All insurance policies required hereunder shall be endorsed to include the following provision: "It is agreed that this policy is not subject to cancellation, non-renewal, material change, or reduction in coverage until ten (10) days prior written notice has been given to the, Town of Trophy Club". NOTE: The words "endeavor to" and "but failure to mail such notice shall impose no obligation to liability of any kind upon the company, its agents or representatives" are to be eliminated from the cancellation provision of standard ACORD certificates of insurance. 1.4 No acceptance and/or approval of any insurance by the Town shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. Town Council Page 269 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 81 1.5 The Town of Trophy Club (including its elected and appointed officials, agents, volunteers, and employees) is to be named as an additional insured under all coverages except Workers' Compensation and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the Town, its elected and appointed officials, agents and employees. 1.5.1 The following definition of the term "Town" applies to all policies issued under the Contract: The Town Council of the Town of Trophy Club and any affiliated or subsidiary Board, Authority, Committee, or Independent Agency (including those newly constituted), provided that such affiliated or subsidiary Board, Authority, Committee, or Independent Agency is either a Body Politic created by the Town Council of the Town of Trophy Club, or one in which controlling interest is vested in the Town of Trophy Club; and Town of Trophy Club Constitutional Officers. 1.6 The Contractor shall provide insurance as specified in the "Insurance Checklist" (Checklist) found on the last page of the bid or proposal form. Full limits of insurance required in the Checklist of this agreement shall be available for claims arising out of this agreement with the Town of Trophy Club. 1.7 THE CONTRACTOR COVENANTS TO SAVE, DEFEND, HOLD HARMLESS AND INDEMNIFY THE TOWN AND ALL OF ITS ELECTED OR APPOINTED OFFICIALS, AGENTS AND EMPLOYEES (COLLECTIVELY THE "TOWN") FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE, INJURY, COST (INCLUDING COURT COSTS AND ATTORNEY'S FEES), CHARGES, LIABILITY OR EXPOSURE, HOWEVER CAUSED, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTRACTOR'S PERFORMANCE OR NON-PERFORMANCE OF THE TERMS OF THE CONTRACT DOCUMENTS OR ITS OBLIGATIONS UNDER THE CONTRACT. THIS INDEMNIFICATION SHALL CONTINUE IN FULL FORCE AND EFFECT DURING ALL APPLICABLE STATUTE OF LIMITATIONS PERIODS. ADDITIONALLY, INDEMNIFICATION SHALL CONTINUE UNTIL THE CONTRACTOR COMPLETES ALL OF THE WORK REQUIRED UNDER THE CONTRACT, EXCEPT THAT INDEMNIFICATION SHALL CONTINUE FOR ALL CLAIMS INVOLVING PRODUCTS OR COMPLETED OPERATIONS AFTER FINAL ACCEPTANCE OF THE WORK BY THE TOWN FOR WHICH THE TOWN GIVES NOTICE TO THE CONTRACTOR AFTER THE TOWN'S FINAL ACCEPTANCE OF THE WORK. Town Council Page 270 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 82 1.8 The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the Town. 1.9 Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of written notice at any time during the Contract Term, the Town shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the Town for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at time of termination. 1.10 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the Town from supervising or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 1.11 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the Town. The Contractor shall be as fully responsible to the Town for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 1.12 Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. 1.13 Written requests for consideration of alternate coverages must be received by the Town at least ten (10) working days prior to the date set for receipt of bids or proposals. If the Town denies the request for alternative coverages, the specified coverages will be required to be submitted. Town Council Page 271 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 83 1.14 All required insurance coverage must be acquired from insurers authorized to do business in the State of Texas and acceptable to the Town. The Town prefers that all insurers also have a policyholder's rating of "A-" or better, and a financial size of "Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and Poors, unless the Town grants specific approval for an exception, in the same manner as described in 1.13 above. 1.15 The Town will consider deductible amounts as part of its review of the financial stability of the bidder. Any deductibles shall be disclosed in the Checklist and all deductibles shall be assumed by the Contractor. Contractor may be required to provide proof of financial ability to cover deductibles, or may be required to post a bond to cover deductibles. 2. Contractor's Insurance - "Occurrence" Basis: 2.1 The Contractor shall purchase the following insurance coverages, including the terms, provisions and limits shown in the Checklist. 2.1.1 Commercial General Liability - Such Commercial General Liability policy shall include any or all of the following as indicated on the Checklist: i. General aggregate limit is to apply per project. ii. Premises/Operations: iii. Actions of Independent Contractors; iv. Products/Completed Operations to be maintained for one year. Final completion and acceptance of the work, with evidence of same filed with owner. v. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract; vi. Personal Injury Liability including coverage for offenses related to employment; vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable. Coverage required for any and all work involving drilling, excavation, etc. 2.1.2 Business Automobile Liability including coverage for any owned, hired, or non-owned motor vehicles and automobile contractual liability. Town Council Page 272 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 84 2.1.3 Workers' Compensation - statutory benefits as required by the State of Texas, or other laws as required by labor union agreements, including Employers' Liability coverage. 2.2 Owner's Protective Liability Insurance: In addition to the insurance described above, the Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under the contract, an owner's protective liability insurance policy naming the Owner as insured for property damage and bodily injury, including death, which may arise in the prosecution of the work or Contractor's operation under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Limits of liability shall be as follows: Bodily Injury $500,000 each occurrence Property Damage $500,000 each occurrence Town Council Page 273 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 85 EXHIBIT A-2 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: Certificate of coverage ("certificate" - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Texas Labor Code § 406.096) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whethe r that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, § 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Town Council Page 274 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 86 (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the Town in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, § 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: Town Council Page 275 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 87 (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, if any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Town that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Town to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Town Council Page 276 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 88 WORKERS COMPENSATION LANGUAGE TO BE IN POSTED NOTICE BY CONTRACTOR TWCC Rule 110.110, Section D.7 Each Contractor is required to post a notice informing all persons providing services that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2:28 TAC §110 (d) (7) of this section, provided by the commission on the sample notice, without any additional words or changes. Figure 2:28 TAC §110 (d) (7) REQUIRED WORKERS COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this project must be covered by workers’ compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers’ Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer’s failure to provide coverage." Effective September 1, 1994 Town Council Page 277 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 89 SECTION 10. CERTIFICATE OF INSURANCE (To Be Provided by Successful Bidder) Town Council Page 278 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 90 GENERAL REQUIREMENTS 11. I. GENERAL INFORMATION A. Intent It is the intent of these specifications to describe the requirements for Park services for the Town of Trophy Club labor and supervision. The Objective is to maintain the same level of service and consideration for the overall public well-being of the Town that currently exists. The Town intends to award this contract to one Contractor but reserves the right to award a contract for all identified units or for any combination of units as determined beneficial and appropriate to the Town and its operations in the sole discretion of the Town. B. Unit Cost The unit cost for evaluation purposes shall be the hourly cost to provide services and complete all tasks associated with the service as described in the specifications. C. Equipment Bidders must supply a list of all equipment to be used in the execution of this contract including, but not limited to: tractors, mowers, riding mowers, trimming/edging equipment, transport vehicles and trailers. If bidder plans to lease or purchase any or all equipment, it shall provide evidence satisfactory to the Town that includes: 1) name, address, and telephone number of company where equipment is to be leased/purchased, including itemization of equipment; 2) statement from that company that bidder qualifies for leasing/purchase of equipment specified. D. Increases/Decreases of Cycles Dependent upon funding, prioritization and/or growth conditions, the Town may elect to increase/decrease the number or frequency of services. Notification will be in writing by contract administrator. Any increases/decreases will be calculated at the cost per cycle/hour bid. Town Council Page 279 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 91 II. SPECIFICATIONS A. General Specifications 1. All work shall be performed Monday - Friday only. Work will not be allowed on Saturday or Sunday without prior permission or a request (weekend operations) from contract administrator. 2. All employees and equipment shall have the proper safety equipment devices, which include, but are not limited to hearing and eye protection, orange safety vests, and flashers/strobe lights on vehicles. All equipment and personal protective equipment shall meet OSHA safety standards. Warning signs and barricading shall be in accordance with any applicable state or federal laws. 3. The contract administrator shall be the Parks and Recreation Director or his designee. During term of agreement, Contractor must provide to contract administrator a working telephone number and address. The telephone must be answered during normal working hours. The Contractor must also supply a cell phone number to the on-site supervisor to allow contact and coordination between Town employees as needed. 4. Contractor may invoice at the end of each month pursuant to the terms of the Contract. 5. Contractor will be responsible for any damage done to plant materials or other property during its maintenance operations. 6. Contractor may not sell, sublet or otherwise assign any interest in this agreement to others without written consent of Town of Trophy Club. Town reserves the right to reject subcontractors retained by contractor to provide services under this agreement. 7. Anytime the Contractor is performing work for the Town the Contractor will be required to have an employee on-site that will be able to communicate effectively in English as needed with Town staff. Contractor and employees will be courteous to the public at all times while at the work site. Conflicts, or potential conflicts between required work and public use of a location, should be reported to the contract administrator 8. The parties agree the Town may cancel this agreement by providing sixty (60) written days notice to Contractor or within such time frame as specified in the Contract Documents. Town Council Page 280 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 92 9. Contractor will operate as an independent contractor and not as an agent, representative, partner or employee of the Town of Trophy Club, and shall control its operation at the work site and be solely responsible for the acts or omissions of its employees. 10. The Contractor's employees shall report to work in uniforms, including shirt and pants. Uniforms worn by employees shall indicate Contractor’s name and telephone number in a manner clearly identifiable to the public. Employees shall at all times wear a shirt. 11. The Contractor shall submit an organization chart showing the structure of the management team from the on-site supervisor up to the person ultimately responsible for the performance of this contract. 12. The Contractor will provide a qualified Supervisor on site at all times during any maintenance operations to be responsible for the progress of the work performed. 13. The Parks and Recreation Director or his designee reserves the right to request site inspections and/or meetings with the on-site supervisor at any time during the contract. These site inspections and meetings may be sporadic but could become regular if there are performance/work quality issues. 14. The Contractor shall employ only those individuals who possess a command of the English language sufficient to permit dialogue with Town personnel or the general public. The language competency is essential to permit discussion of Town personnel concerns and requirements and to be able to interact with the public as may be required. 15. The parties acknowledge that adherence by Contractor to the completion schedule specified by the Town is essential to this Agreement and failure to do so will harm Town. It is agreed by the parties that the actual damages which might be sustained by Town by reason of the breach by Contractor of its promise to complete in accordance with the provisions hereof are uncertain and would be difficult to ascertain; it is further agreed that the sum of FIVE HUNDRED DOLLARS AND NO/100 ($500.00) for each day that completion is overdue would be reasonable and just compensation for such breach, and Contractor hereby promises to pay such sum as liquidated damages, and not as a penalty, in the event of such breach. 16. Weather/growth conditions may cause the cancellation of a mowing cycle, as determined solely by the contract administrator. The contract administrator has the sole decision as to whether the weather/soil/turf conditions are appropriate for maintenance. Town Council Page 281 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 93 Failure of the Contractor to abide with the contract administrator’s decision may, in the discretion of Town, result in termination of the Contract. 17. Contractor shall contact the contract administrator to discuss Contractor’s work schedule for the month, and/or areas that are ready for inspection. Failure to contact the contract administrator on a regular basis may, in the discretion of Town, result in termination of Contract. 18. Questions or concerns should be directed to the contract administrator. B. Maintenance Specifications 1. Locations/Standards - The areas to be mowed are designated on on the maps provided and attached hereto. All work performed must be to the standards set by Town whether such standards are contained in the bid documents, contract documents, or are otherwise communicated by the Town to the Contractor. 2. Inspection - Upon completion of work, the area will be inspected. If any deficiencies are cited, the Contractor must correct them within 48 hours. Failure to do so may result in termination of contract. 3. Mowing Height - March - June = 1 1/2" July - November = 2” 4. Mowing Frequency - The estimated frequency between the start of each cycle is 7 days. 5. Edging - All curbs/sidewalks shall be edged every mowing cycle. 6. Trimming - All signs, poles, trees, planter bed edges, obstacles, expansion joints, concrete/paver areas, etc., shall be trimmed around with string trimmers. The turf shall be trimmed to the assigned mowing height. Care shall be used to avoid injury to plant material. Trimming shall be completed concurrently with mowing on every cycle Town Council Page 282 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 94 7 Litter - The Contractor shall be responsible for picking-up and removing any and all trash or debris, such as paper, cans, bottles, limbs three inches or smaller in diameter, rocks, etc., which is not intended to be part of the landscape. Removal of trash will include sweeping/removing grass clippings from sidewalks. C. Employee Specifications 1. The Contractor shall be required to have a licensed irrigator by the State of Texas on site during the performance of irrigation services. Additional irrigation personnel that perform work under this contract shall be required to be an irrigation technician. 2. The Contractor shall be required to have a licensed TDA applicator on- site during the application of all products relating to fertilization, herbicide or pest control. 3. The Contractor shall be required to furnish copies of all licenses required by this contract to the contract administrator. 4. The Contractor shall maintain a copy of his msds sheets with the Town at all times. LABOR FORCE All field employees of the bidder shall wear uniforms identifying them as employees of the contractor. Employees driving the bidder’s vehicles shall, at all times, possess and carry a valid vehicle operator’s license from the State of Texas. The bidder’s employees, officers and agents shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees or agents of the Town of Trophy Club. The bidder shall prohibit the drinking of alcoholic beverages of the use of controlled substances by employees while on duty or in the course of performing duties under this contract. The bidder shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, disability, ancestry, national origin or place of birth. Bidder shall take action to ensure that applicants are employed and treated without regard to their race, age, color, religion, sex, disability, ancestry, national origin or place of birth. All employees, contractors, subcontractors, temporary labor, agents and representatives of bidder providing services to Town shall be required to produce a completed Form I-9 evidencing that all such persons are eligible to work and/or maintain employment in the United States. Such documentation shall be provided within five (5) business days after bidder is notified that it is the apparent lowest responsible bidder. Further, the Town reserves the right to review and audit records of bidder for compliance with this section at any time during the term of the awarded contract and all renewals thereof upon five (5) days written notice to bidder. Town Council Page 283 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 95 Any document that is printed and submitted to the Town becomes a government record. Falsification of documents carries a criminal penalty for falsification of government records as described in the Texas Penal Code. Contractor Employee Background Screening All Contractor personnel shall be required to undergo successful background screening prior to assignment to the Town Contractor shall be solely responsible for background screening for persons planned or scheduled for assignment on Town premises. By assigning Contractor personnel to the Town, Contractor attests that Contractor has completed a background check on the Contractor personnel being assigned.to perform the duties delineated in this contract. Pre-assignment background screening for Contractor personnel shall be considered acceptable if a successful background was completed by the Contractor or Subcontractor firm within the ninety (90) days immediately preceding assignment of the individual Contractor personnel to Town Background screening shall be at the Contractor’s or Subcontractor’s firm expense and shall not be reimbursable by the Town unless agreed upon in a written contract. The results of Contractor background screenings shall not be shared with Town representatives. Contractor and Subcontractor shall authorize Town representatives to conduct audits, compliance reviews and investigations, which may require review of background screening records. Contractor or Subcontractor firms that falsify and/or knowingly report an incorrect background status for Contractor personnel assigned to and/or working on Town premises shall be dismissed and removed from the job and barred from conducting further business with the Town. Any Contractor or Subcontractor who falsifies information and/or knowingly reports incorrect information regarding a person assigned to Town premises, worksites or projects shall be dismissed and removed from the job and barred from conducting further business with the Town. APPLICABILITY This requirement applies to all contractors including but not limited to independent contractors, subcontractors and contractors through a third party. PURPOSE OF PRE-ASSIGNMENT BACKGROUND SCREENING • Provide safe work environment • Limit Town’s legal liability to allegations of negligent hiring, etc. • Further verify identity and legal authority to work in the United States • Reduce risk to residents CONTRACTOR FIRM RESPONSIBILITIES Contractors providing work or services to the Town shall: • Have a written policy and procedures for the conduct of background screening Town Council Page 284 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 96 • Conduct screening and verify worker’s backgrounds in accordance with the applicable state and federal laws • Use a reliable, vetted and properly qualified background screener • Ensure the privacy of workers as required by law • Complete background screening check prior to assignment • Perform routine scheduled background updates as necessary to ensure the integrity of the workers and “For Cause” background updates when warranted • Inform the Town immediately if a contract worker no longer meets Contractor’s background screening criteria REQUIRED ELEMENTS OF CONTRACTOR BACKGROUND SCREENING • 7-Year Criminal Conviction History (county, state, and federal records) – with automatic ban for those under indictment for, or convicted of, an offense involving: Theft, Fraud or Burglary. • Violent crimes, including sexual related offenses, if the assignment could potentially create an “at risk” situation to the public. • Unlawful possession, use, sale, distribution or manufacture of an explosive device, firearm, or other illegal weapon. • Unlawful sale, distribution or manufacture of an illegal drug, controlled substance or drug paraphernalia. • Unlawful use of an illegal drug, controlled substance or drug paraphernalia may disqualify the individual based on the circumstances, nature and length of time since the conviction occurred. • For purposes of screening the term “Criminal Conviction” includes Deferred Adjudication, No Contest pleas, and related Attempts and/or Conspiracy to commit the offenses identified above. • Check of name against specif ied Terrorist Watch List(s). • Verification of Social Security Number. • Verification of Immigration Status, including valid I-9 Form where applicable. Note the Town expressly prohibits any contractor from employing any person on Town premises who does not have valid authorization to work in the United States. • Driving History (Where permitted by law and if contractor is required to operate a motor vehicle on Town premises. PRIVACY OF CONTRACTOR WORKER INFORMATION The results of contractor or subcontractor background screenings shall not be shared with Town and Contractors and Subcontractors shall not be required to furnish copies of completed background screening reports on their employees to the Town. Further, Contractors and Subcontractors shall not disclose to the Town those factors or events that resulted in an individual’s disqualification from assignment to Town premises except with the written permission of the individual involved. Town Council Page 285 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 97 AUDIT OF CONTRACTOR’S PROGRAM By assigning Contractor’s workers to Town premises, worksites or projects the Contractor attests that the Contractor has completed a satisfactory background check on the worker being assigned. However, the Town reserves the right to audit Contractor’s background screening program at any time. The Contractor shall, upon request, permit an authorized Town representative to review personnel backgrounds, including those of individual Contractor workers, in order to conduct a review, audit or investigation. Contractors shall ensure this audit requirement is extended to Subcontractors they may employ on Town premises. NON-COMPLIANCE Any Contractor or Subcontractor firm that knowingly and/or intentionally falsifies or reports information or incorrect background status on a contract worker assigned to and/or working on Town premises or projects shall immediately remove the worker in question from the premises or project. Subsequently, the Contractor firm shall be dismissed from the job and permanently barred from conducting further business with the Town. Any Contractor firm that, while acting in good faith, errs in reporting the correct background status of a contract employee working on Town premises shall, as soon as practicable upon discovery of the error, notify the appropriate Town representative of the employee’s correct status. The Contractor shall then take immediate steps to remove the individual from Town premises and replace the person with a qualified individual. Town Council Page 286 of 312 Meeting Date: February 10, 2015 N:\hfimbres\2015 Parks Services Competitive Bid 8 - RFP.docx PAGE 98 MACHINERY AND EQUIPMENT Bidder must supply a list of all equipment available for use on this contract. Being available shall mean that the equipment is owned or under control of the bidder submitting this proposal. # Units Type of Equipment _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ _____________ ______________________________________________________ Attach additional sheets as needed. Town Council Page 287 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0115-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club amending Article XVI, “Citizens Financial Advisory Board” of Chapter 1, “Administration” of the Code of Ordinances by repealing Subsection 16.02(C), “Board Established/Number of Members/Terms Established and Qualifications” and adopting a new Subsection 16.02(C)and amending the introductory paragraph of Subsection 16.02(E), “Officers”; providing for incorporation of premises; and providing an effective date. Attachments:ORD 2015-03 CFAB.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club amending Article XVI, “Citizens Financial Advisory Board” of Chapter 1, “Administration” of the Code of Ordinances by repealing Subsection 16.02(C), “Board Established/Number of Members/Terms Established and Qualifications” and adopting a new Subsection 16.02(C) and amending the introductory paragraph of Subsection 16.02(E), “Officers”; providing for incorporation of premises; and providing an effective date. Town Council Page 288 of 312 Meeting Date: February 10, 2015 ORD 2015-03 1 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2015-03 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ARTICLE XVI ENTITLED “CITIZENS FINANCIAL ADVISORY BOARD” OF CHAPTER 1 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE TOWN BY REPEALING SUBSECTION 16.02(C) ENTITLED “BOARD ESTABLISHED/NUMBER OF MEMBERS/TERMS ESTABLISHED AND QUALIFICATIONS” AND ADOPTING A NEW SUBSECTION 16.02(C) ENTITLED “BOARD ESTABLISHED/NUMBER OF MEMBERS/TERMS ESTABLISHED AND QUALIFICATIONS” IN ORDER TO PROVIDE FOR TWO (2) YEAR STAGGERED TERMS OF OFFICE AND BY AMENDING THE INTRODUCTORY PARAGRAPH OF SUBSECTION 16.02(E) ENTITLED “OFFICERS” TO PROVIDE FOR COUNCIL APPOINTMENT OF THE CHAIRPERSON OF THE BOARD; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, in 2011, the Town Council adopted an Ordinance adding Article XVI, entitled “Citizens Financial Advisory Board” to Chapter 1, entitled “Administration” of the Code of Ordinances of the Town in order to establish a Citizens Financial Advisory Board (“CFAB”); and WHEREAS, Article XVI, Subsection 16.02 (C) provides that members of CFAB would have staggered terms of office and after implementation would serve for three (3) years each, and Subsection 16.02(E) provides that the members of the CFAB would elect their Chairperson, Vice Chairperson and Secretary; and WHEREAS, since adoption of Article XVI, Subsection 16.02 (C) the Town Council has determined it appropriate to adopt standard two (2) year terms of office for all Boards, Commissions and Corporations, as allowed by law, and to adopt a policy of Town Council appointment of the Chairperson for all Town Boards, Commissions and Corporations; and Town Council Page 289 of 312 Meeting Date: February 10, 2015 ORD 2015-03 2 WHEREAS, in order to accomplish that objective, the Town Council hereby finds it necessary and appropriate to adopt this Ordinance amending Article XVI of Chapter 1 of the Code of Ordinances of the Town by repealing Subsection 16.02(C) entitled “Staggered Terms” and adopting a new Subsection 16.02(C) entitled “Staggered Terms” to provide for two (2) year staggered terms of office for members of CFAB and by amending the introductory paragraph of Subsection 16.02(E) entitled “Officers” in order to provide for Council appointment of a Chairperson for CFAB; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Subsection “C”, entitled “Staggered Terms” of Section 16.02, entitled “Board Established/Number of Members/Terms Established and Qualifications” of Article XVI entitled “Citizens Financial Advisory Board” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Club is hereby repealed and a new Subsection 16.02(C) entitled “Staggered Terms” is hereby adopted and shall be and shall read in its entirety as follows, with all other terms and provisions of Section 16.02 remaining unaltered and in full force and effect: Section 16.02 Board Established/Number of Members/Terms Established and Qualifications …. “C. Staggered Terms. Members shall be appointed for two (2) year terms which appointments shall be staggered so that no more than two (2) terms expire each year.” 2.01 The introductory paragraph of Subsection “E”, entitled “Officers” of Section 16.02, entitled “Board Established/Number of Members/Terms Established and Qualifications” of Article XVI entitled “Citizens Financial Advisory Board” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Clu b is hereby amended such that the introductory paragraph shall be and read in its entirety as follows, with all other terms and provisions of Section 16.02(E) remaining unaltered and in full force and effect: Town Council Page 290 of 312 Meeting Date: February 10, 2015 ORD 2015-03 3 Section 16.02 Board Established/Number of Members/Terms Established and Qualifications …. “E. Officers. The Town Council shall appoint a member of the Board to serve as the Chairperson. The Board shall annually elect a Vice- Chairperson and a Secretary, each of which shall perform the duties as set forth below:” SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances of the Town affecting the boards, commissions and corporations, finance, and the Citizens Financial Advisory Board and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. Town Council Page 291 of 312 Meeting Date: February 10, 2015 ORD 2015-03 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 10th day of February 2015. Mayor, C. Nick Sanders Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary, Holly Fimbres Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas Town Council Page 292 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0116-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate regarding projects to be completed by the Citizens Financial Advisory Board (CFAB) and associated priorities. Attachments:Staff Report - CFAB Projects and Priorities.pdf Action ByDate Action ResultVer. Consider and take appropriate regarding projects to be completed by the Citizens Financial Advisory Board (CFAB) and associated priorities. Town Council Page 293 of 312 Meeting Date: February 10, 2015 Page 1 of 1 To: Mayor and Town Council From: John Zagurski, Budget Analyst CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Consider and take appropriate regarding projects to be completed by the Citizens Financial Advisory Board (CFAB) and associated priorities. Explanation: The Town Council of Trophy Club Citizens Financial Advisory Board (CFAB) has finished evaluating the RFP for Parks services and has now completed all of the Town Council assigned tasks. The Citizens Financial Advisory Board is requesting direction on projects. A list of projects was created that CFAB could offer assistance: 1. Vehicle Replacement Policy – Review the existing replacement scheduling, and assisting staff to develop a point system metric, or similar method, to determine vehicle and capital equipment replacement. 2. Liquidation Policy – The Town would like to explore options to dispose of Town property other than auction or trash. There are occasions when these methods render lower values than other alternatives. The policy needs to analyze updated so that Towns has the flexibility to get the most for its assets when it comes time to dispose of them. 3. Preparation of the Popular Annual Financial Report (PAFR) – The Town of Trophy Club has never prepared a PAFR. The PAFR was created by the Government Finance Officers Association (GFOA) to encourage and assist local governments to extract information from their Comprehensive Annual Financial Report (CAFR) to produce high quality annual financial reports specifically designed to be readily accessible and easily understandable to the general public and other interested parties without a background in public finance. This report can be submitted to GFOA for recognition. 4. Continue review of the Trophy Club Park financial position Recommendation: The staff recommends that the Council direct CFAB to assist staff with review of these priorities. Town Council Page 294 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0069-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/19/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2012-08 and Resolution No. 2014-33 and adopting a new Town of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. Attachments:Resolution 2015-06 Elected and Appt Handbook Revisions.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2012-08 and Resolution No. 2014- 33 and adopting a new Town of Trophy Club Handbook for Elected and Appointed Officials; and providing an effective date. Town Council Page 295 of 312 Meeting Date: February 10, 2015 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2012-08 AND RESOLUTION NO. 2014-33 ADOPTING AND AMENDING THE MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND APPOINTED OFFICIALS AND ADOPTING A NEW MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND APPOINTED OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Boards and Commissions and has established several boards and commissions that perform various functions for the Town; and WHEREAS, the Town initially adopted the Municipality of Trophy Club Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) to establish guidelines and procedures for Town Boards, Commissions and Corporations and to ensure uniform treatment of all persons applying for and serving on those bodies; and WHEREAS, the guidelines established in the Handbook are in addition to those requirements imposed by the Texas Open Meetings Act and other applicable state law; and WHEREAS, since enacting Resolution No. 2012-08 and its amending Resolution 2014-33, the Town Council has determined it to be in the best interests of the Town to review the Handbook in its entirety and has determined it necessary and appropriate to make various amendments to the Handbook to allow a more efficient and inclusive system of operating Boards, Commissions, and Corporations; and WHEREAS, the passage of this Resolution repeals Resolution No. 2012-08 and Resolution No. 2014-33, and all other conflicting Resolutions adopting or amending the Handbook and adopts a new Handbook which has been determined by the Council to be beneficial to the Town and its residents and to serve the public welfare. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are adopted and incorporated herein as findings. Section 2. That the Town Council hereby repeals Resolution No. 2012-08 and Resolution No. 2014-33 and all other conflicting Resolutions adopting or amending the Handbook and hereby adopts the new “Municipality of Trophy Club Handbook for Elected and Appointed Officials”, a true and correct copy of the new Handbook being attached hereto and incorporated herein as Exhibit “A”. Town Council Page 296 of 312 Meeting Date: February 10, 2015 Section 3. That this Resolution shall become effective upon its passage, and that upon passage of this Resolution, the Handbook (Exhibit “A”) shall become effective . PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 10th day of February, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Page 297 of 312 Meeting Date: February 10, 2015 EXHIBIT A Town Council Page 298 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0117-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Council to conduct interviews of applicants for Fire/EMS Joint Sub-Committee; consider and take appropriate action to appoint one (1) citizen to serve on the Fire/EMS Joint Sub-Committee. Attachments:Staff Report - Citizen Appointment on the FireEMS Joint Sub Committee.pdf Eric Jensen Application.pdf Louis R Opipare Jr Application.pdf Robert F Radder Application_Redacted.pdf Action ByDate Action ResultVer. Council to conduct interviews of applicants for Fire/EMS Joint Sub-Committee; consider and take appropriate action to appoint one (1) citizen to serve on the Fire/EMS Joint Sub-Committee. Town Council Page 299 of 312 Meeting Date: February 10, 2015 Page 1 of 1 To: Mayor and Town Council From: Holly Fimbres, Town Secretary/RMO CC: Stephen Seidel, Acting Town Manager Re: Appoint one Citizen to serve on the Fire/EMS Joint Sub-Committee Town Council Meeting, Tuesday, February 10, 2015 Agenda Item: Appoint one Citizen to serve on the Fire/EMS Joint Sub-Committee. Explanation: On January 20, 2015, at the Town of Trophy Club Town Council and Trophy Club Municipal Utility District No. 1 Joint Session, the Town Council approved opening up the citizen appointment process to nominate one citizen member to serve on the Fire/EMS Joint Sub- Committee to perform economic analyses and review of other factors related to consolidation of fire and emergency medical services under one entity. Attachments:  Application from Eric Jensen  Application from Louis R. Opipare Jr “Lou”  Application from Robert F. Radder Recommendation: Staff recommends that the Town Council appoint one citizen member to serve on the Fire/EMS Joint Sub-Committee. Town Council Page 300 of 312 Meeting Date: February 10, 2015 Town of Trophy Club BOARD and COMMISSION APPLICATION Please check the appropriate Board , Commission , or Advisory Groups(s) ~ire/EMS Joint Sub-Committee e that a brief resume be submitted a/on Name : G--~ ~s~ Address: 2-2.\ 6 V'J'J_~ A./L How Long?* /-5' je.v.-r""> Phone (Home): Cell Phone: TC... E-mail : -\ .x lication . Registered Voter? '81.Yes Certificate Number: \ OB1 ( 5 ooEb 9 . Occupation , Experience/Degrees Held? Why do you want to serve on th is group? ~x \JP e_. G,h·ol. B-.:x:id:s ~°? .. Do you have any potential conflicts of interest? N o --'----------------------~ Notice to Applicants : Once subm itted , informat ion conta ined in and included with this application is considered public record and must be released if a request is made . Accord ing to Government Code Section 552 .024 each employee or official of a governmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmenta l body that relates to the person 's home address , home telephone number, and e-mail address. Each emp loyee and official and each former employee and official shall state their cho ice to the Town Secretary's office . Please indicate with an X your decisions. ALLOW PUBLIC ACCESS Home Address Home Phone Number Cell Phone Number E-mail Address Official Signature \/2-1I15 Date 'submitted *Applicant Requirement for Boards or Commissions Yes Yes Yes Yes No ---No --- No ---No -----f::;c'\~'--~e..A.S~ Official Name (Please Print) Received by :~~~ Applicants for boards or commiss ions must be registered voters and residents for six months . Board and commiss ion members must be Trophy Club residents for at least six months as well as reg istered voters p ri or to their appo intmen t. W ith the exception of the Plann ing and Zoning Comm ission , Zoning Board of Adjustment and the Economic Development Boards , based upon good cause shown , Counci l may waive the voter registration requ irement fo r a person appointed to a Board , Commiss ion , or Citizen Advisory Group that does not make recommendations for Council approva l. The techn ical expertise of applicants may be a cons ideration in gaining appointment. Town Council Page 301 of 312 Meeting Date: February 10, 2015 Town of Trophy Club BOARD and COMMISSION APPLICATION Please check the appropriate Board, Commission, or Advisory Groups(s) lif Fire/EMS Joint Sub-Committee We strongly encourage that a brief resume be submitted along with the aoolication. Name: Louis R. Opipare Jr "Lou" E-mail: opipare@att net Address: 32 Crestwood Dr Trophy Club TX 76262 How Long?* 30 Years Phone (Home): 817-430-8611 (Work): Retired Cell Phone: 817-680-6695 Registered Voter? ~Yes D No Certificate Number: 1091810902 Occupation, Experience/Degrees Held? 40+ yrs IBM. 11 yrs TC Fire Chief. TC MUD 2 & 3 Boards Why do you want to serve on this group? 30 yrs TC Fire/EMS experience including 11 yrs as Fire Chief give me a view of the operational and budgetary process that I believe will be valuable Do you have any potential conflicts of interest? No ~---'-'"""------------------~ Do you have any related experience? Service as Trophy Club Fire Chief and Fire Marshall What do you feel you have to offer this group? 30 yrs of Trophy Club experience working with both the Town and MUD as well as serving as TC Fire Chief TEXAS OPEN RECORDS ACT Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, and e-mail address . Each employee and official and each former employee and official shall state their choice to the Town Secretary's office . Please indicate with an X your decisions. ALLOW PUBLIC ACCESS Home Address Home Phone Number Cell Phone Number .-..r·UR>r· Address January 26. 2015 Date Submitted *Applicant Requirement for Boards or Commissions Yes _J_ No __ _ Yes ~ No Yes ±_ No __ _ Yes No --- Louis R. Opipare Jr. Official Name (Please Print) Received by ~~ Applicants for boards or commissions must be registered voters and residents for six months. Board and commission members must be Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council may waive the voter registration requirement for a person appointed to a Board, Commission, or Citizen Advisory Group that does not make recommendations for Council approval . The technical expertise of applicants may be a consideration in gaining appointment. Town Council Page 302 of 312 Meeting Date: February 10, 2015 Resume Synopsis Louis R. Opipare Jr. Work Experience: 42 overall years with IBM Corporation with assignments and experience in the following areas : • Hardware, Software and Services development, marketing and delivery • Management experience from single departmental to functional • IT Business Process Architecture, Design and Implementation • Project Management including overall responsibility for major tools and rollouts that included budgetary responsibility Trophy Club Experience: A Trophy Club resident since 1985 with involvement with the following: • Trophy Club Fire and EMS actively thru 2000 as firefighter, EMT, Training Officer, Fire Chief • Served on the Building Committee to plan and build the current Fire Station • Served for several years on the Trophy Club MUD 3/2 Board thru the consolidation of MUDs 2 and 3 • Currently a member of the Zoning Board of Adjustments and Crime Control and Prevention District Board Other Life Experiences: • 30 plus years involvement with Fire Safety with training with experience in commercial and public sectors • Licensed 1200 hour private pilot • Multiple volunteer experiences with charitable endeavors Town Council Page 303 of 312 Meeting Date: February 10, 2015 Town of Trophy Club BOARD and COMMISSION APPLICATION Please check the appropriate Board , Commission , or Advisory Groups(s) "'Fire/EMS Joint Sub-Committee We strongly encourage that a brief resume be submitted along with the aoolication . Name : /?.__ob e.rf F. K?Jdc/e tL E-mail : b r Aolcie ,-@fJ7[: A.)e_/ Address: / How Long?* ) rS yrs Phone (Home): (Work): Cell Phone : Registered Voter? ~Yes D No Certificate Number: Occupation , Experience/Degrees Held? .5E E rt ·rte f, /Id en I Why do you want to serve on this group? JD ? O...J ID r /he. aM M tA. t<), Jn /7> e_ F re-U e A-1 /fl b c:.... Do you have any potential conflicts of interest? ~~~~~~~~~~~~~~~~~~~~~~~~ Do you have any related experience? jE~ -J?ef;,,. ~cl h r e -£ri ·~~ -&d? e -/ /2Lr'r/J l'l J ri !{!<kn A7e 4 EX7?,, Sn/e ?'(/;" w l~d 7 e_ o-E &c::.ck.l'tt-a:-:-µc /7 IS What do you feel you have to offer this group? /1-n at? En H1 /1 LJ :d,:,~A J J ·-f;ve_ ""7J, !)"I K //"")I TEXAS OPEN RECORDS ACT Notice to Applicants: Once submitted , information conta ined in and included w ith this application is cons idered public record and must be released if a request is made . According to Government Code Section 552.024 each employee or official of a governmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person 's home address , home telephone number, and e-mail address . Each emp loyee and official and each former employee and official shall state thei r cho ice to the Town Secretary 's office . Please indicate with an X your decisions. ALLOW PUBLIC ACCESS Home Address \ J:<_\D I \5 Date s 6bmitted I *Applicant Requirement for Boards or Commissions Yes Yes Yes Yes No 6( No IX.. No ex. --- ~No -J<o /;er/ F . 2 u lJ c/2 Official Name (Please Print) Received by ch~~~ Applicants for boards or commissions must be registered voters and residents for si x months . Board and commission members must be Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Planning and Zoning Commission , Zoning Board of Adjustment and the Economic Development Boards , based upon good cause shown , Council may wa ive the voter registration requirement for a person appointed to a Board , Commission , or Citizen Advisory Group that does not make recommendations for Council approval. The technical expertise of appl icants may be a consideration in gain ing appointment. Town Council Page 304 of 312 Meeting Date: February 10, 2015 Robert Radder, MA, C.F.P.S EDUCATION REVIEW Education: National University, San Diego , California, MA, Masters in Management BS , Occupational Safety, and Health , With Honors Miramar College , San Diego , California, (4) AS , Fire Science , Rescue , Suppression , Prevention , Protection FEMA, The Emergency Manager, Certificate of Achievement, Emergency Management Institute's, Professional Development Series ; Texas Engineering Extension Service Community Emergency Response Team Train the Trainer Credentials/Certification: Certified Fire Protection Specialist (CFPS) NFPA, Certificate 358 Arkansas , Professional Safety Source, 00513 Arkansas Field Safety Representative, Certificate 03-063 Texas , Field Safety Representative, Certificate 98051 Lifetime Teaching Credentials (2) (California Community Colleges) Commercial Drivers License (CDL) Instructor CERT (Community Emergency Response Team) Ham Radio Operator (General Class) WB6WBH H2S Certified Industry Training/Education: OSHA 10 Hour, Certificate 1778726 OSHA 30 Hour, Certificate 1797565 Construction Safety LC3 70 (CNA) University Of Maryland NFPA Life Safety Code (24 Hr) N .F .P.A. Life Safety Code Seminar N.F.P.A. Automatic Sprinkler Systems Workshop Oklahoma State, Loss Control Advanced Property School Oklahoma State, LC 410, Property PQ , Phase IV Oklahoma State, Property Loss Control for Insurance Property Specialists Oklahoma State, Fire Sprinkler Inspection Training and Certification Program Oklahoma State, Automatic Sprinkler Protection Systems Oklahoma State, Industrial Fire Pumps Texas Workers Compensation Seminar Ergonomics LC320 (CNA) Life Safety Code 91 (CNA) JJ Keller Dot Hazardous Materials JJ Keller Dot Drivers Training Town Council Page 305 of 312 Meeting Date: February 10, 2015 Classes and Seminars California Fire Academy Fire Management I Management Supervision Fire Captain Orientation Developing Supervisory Skills P.O.S.T. Media Relations California Fire Academy Fire Investigation I California Fire Academy Prevention IA California Fire Service Training Fire Instructor IA California Fire Service Training Fire Instructor IB California Fire Service Training Fire Command IA California Fire Service Training Fire Command I B Oil Firefighting School Fire Apparatus Certification Effective Employee Management, California State University Fullerton New Developments in Disciplining & Terminating Employees Advanced Speaking & Listing Skills for Leaders Effective Time & Stress Management How to Make More Creative & Ethical Decisions How to Achieve Customer Service Excellence Town Council Page 306 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0118-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Town Council Liaison Updates; discussion of same: * Economic Development Corporation 4B, February 2, 2015 Council Liaison - Council Member Rhylan Rowe Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: * Economic Development Corporation 4B, February 2, 2015 Council Liaison - Council Member Rhylan Rowe Town Council Page 307 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0119-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Acting Town Manager Seidel's update regarding the following; discussion and provide input regarding same. * Trophy Club Streets CIP * Discover Trophy Club Magazine * Community Clean Up Event * Police Department recruiting partnership Attachments: Action ByDate Action ResultVer. Acting Town Manager Seidel's update regarding the following; discussion and provide input regarding same. * Trophy Club Streets CIP * Discover Trophy Club Magazine * Community Clean Up Event * Police Department recruiting partnership Town Council Page 308 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0126-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/3/2015 Town Council On agenda:Final action:2/10/2015 Title:Items for Future Agendas. Attachments:Items for Future Agendas updated 2-3-2015.pdf Action ByDate Action ResultVer. Items for Future Agendas. Town Council Page 309 of 312 Meeting Date: February 10, 2015 Town Council Future Agenda Items List (Updated 2/3/2015) 1. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and wants to bring back on a future agenda to discuss:  board and commission creation ordinances to amend to two year staggered terms in order provide consistency among all appointed positions, with the exception of the Parks and Recreation Board since it is a large board  consider eliminating board and commission term limits, which is currently set at six years  review handbook for appointed and elected officials for possible other changes 2. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 3. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) (2-Feb-24) 4. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) (1-Dec 9) (2-March 10) 12/9/2014 – Council discussed and would like a policy brought back that encompasses a point system or measureable factors on a future agenda. 5. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) (1-Dec 9) (2-March 10) 12/9/2014 Council discussed and would like this item brought back to the February 10, 2015 agenda for additional discussion. 6. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) 7. Consider and take appropriate action regarding a policy related to auto allowances. (1- March 10) 8. Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (1-March 10) 9. Consider and take appropriate action regarding the baseball contract and tournaments. (Lamont 1/13/2015) (1-April 14) 10. Consider and take appropriate action regarding July 4 th festivities. (Sanders 1/13/2015) (1- April 14) Town Council Page 310 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0120-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following items: A. Section 551.074(a)(1), Personnel Matters. 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: Acting Town Manager Stephen Seidel and vacant Town Manager position. B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property. Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following items: A. Section 551.074(a)(1), Personnel Matters. 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: Acting Town Manager Stephen Seidel and vacant Town Manager position. B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property. Town Council Page 311 of 312 Meeting Date: February 10, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0121-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2015 Town Council On agenda:Final action:2/10/2015 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 312 of 312 Meeting Date: February 10, 2015