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Agenda Packet 10-09-2023Town of Trophy Club Meeting Agenda Packet Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 October 09, 2023 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION led by Pastor Joel Quile, Bara Church PLEDGES led by Council Member Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter pursuant to Texas Government Code Sec. 551.007. The Council is not permitted to discuss or take action on any presentations made concerning matters that are not listed on the agenda. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org COMMUNITY SPOTLIGHT 1 Working for You . . . Trophy Club a) Update from Town Council Members b) Update from Town Manager (Patrick Arata, Interim Town Manager) CONSENT AGENDA 2.Consider approval of the September 25, 2023, regular meeting minutes. (Tammy Dixon, Town Secretary) 3.Consider approval of the September 27, 2023, special meeting minutes. (Tammy Dixon, Town Secretary) 4.Consider approval regarding an Interlocal Cooperation Agreement (ILA) between the Town of Trophy Club Police and Fire/EMS Department and Denton County for the use of a Radio Communication System for the Fiscal Year 2023 2024; and authorization for the Mayor to execute same on behalf of the Town. (Patrick Arata, Interim Town Manager) 5.Consider approval of 22 purchase orders for FY 20232024 (April Duvall, Director of Finance). INDIVIDUAL ITEMS 6.Discuss, consider and take action on the Trophy Club Community Pool Project, Phase II. (Ronnie Angel, Interim Director of Parks and Recreation) 7.Discuss and consider approval of a resolution appointing members and chairpersons to the Animal Shelter Advisory Board; Building Standards Commission; Parks and Recreation Board; Planning and Zoning Commission; Tax Increment Reinvestment Zone No. 1; and Zoning Board of Adjustment; and appointing members to the Crime Control and Prevention District; Economic Development Corporation; and Ethics Commission. (Mayor Tiffany and Councilmembers Oldham and Bauer) 8.Future Agenda Items List. (Patrick Arata, Interim Town Manager) EXECUTIVE SESSION 9.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), The Town will recess into executive session to discuss the following: a. Section 551.074, Personnel: To deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees; to wit: Town Manager. RECONVENE INTO REGULAR SESSION 10.The Town Council to reconvene into an open meeting and consider action, if any, on items discussed in closed 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 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on October 5, 2023, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Maggie McCormickKrukowski Records Analyst If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 1 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262October 09, 2023 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMINVOCATION led by Pastor Joel Quile, Bara Church PLEDGES led by Council MemberPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter pursuant toTexas Government Code Sec. 551.007. The Council is not permitted to discuss ortake action on any presentations made concerning matters that are not listed onthe agenda. Presentations are limited to matters over which the Council hasauthority. Speakers have up to four (4) minutes or the time limit determined by thePresiding Officer. Each speaker must have submitted their request to speak bycompleting the Speaker’s Form or may email mayorandcouncil@trophyclub.orgCOMMUNITY SPOTLIGHT1Working for You . . . Trophy Cluba) Update from Town Council Members b) Update from Town Manager (Patrick Arata, Interim Town Manager) CONSENT AGENDA 2.Consider approval of the September 25, 2023, regular meeting minutes. (Tammy Dixon, Town Secretary) 3.Consider approval of the September 27, 2023, special meeting minutes. (Tammy Dixon, Town Secretary) 4.Consider approval regarding an Interlocal Cooperation Agreement (ILA) between the Town of Trophy Club Police and Fire/EMS Department and Denton County for the use of a Radio Communication System for the Fiscal Year 2023 2024; and authorization for the Mayor to execute same on behalf of the Town. (Patrick Arata, Interim Town Manager) 5.Consider approval of 22 purchase orders for FY 20232024 (April Duvall, Director of Finance). INDIVIDUAL ITEMS 6.Discuss, consider and take action on the Trophy Club Community Pool Project, Phase II. (Ronnie Angel, Interim Director of Parks and Recreation) 7.Discuss and consider approval of a resolution appointing members and chairpersons to the Animal Shelter Advisory Board; Building Standards Commission; Parks and Recreation Board; Planning and Zoning Commission; Tax Increment Reinvestment Zone No. 1; and Zoning Board of Adjustment; and appointing members to the Crime Control and Prevention District; Economic Development Corporation; and Ethics Commission. (Mayor Tiffany and Councilmembers Oldham and Bauer) 8.Future Agenda Items List. (Patrick Arata, Interim Town Manager) EXECUTIVE SESSION 9.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), The Town will recess into executive session to discuss the following: a. Section 551.074, Personnel: To deliberate and consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees; to wit: Town Manager. RECONVENE INTO REGULAR SESSION 10.The Town Council to reconvene into an open meeting and consider action, if any, on items discussed in closed 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 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on October 5, 2023, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Maggie McCormickKrukowski Records Analyst If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 2 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262October 09, 2023 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMINVOCATION led by Pastor Joel Quile, Bara Church PLEDGES led by Council MemberPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter pursuant toTexas Government Code Sec. 551.007. The Council is not permitted to discuss ortake action on any presentations made concerning matters that are not listed onthe agenda. Presentations are limited to matters over which the Council hasauthority. Speakers have up to four (4) minutes or the time limit determined by thePresiding Officer. Each speaker must have submitted their request to speak bycompleting the Speaker’s Form or may email mayorandcouncil@trophyclub.orgCOMMUNITY SPOTLIGHT1Working for You . . . Trophy Cluba) Update from Town Council Membersb) Update from Town Manager (Patrick Arata, Interim Town Manager)CONSENT AGENDA2.Consider approval of the September 25, 2023, regular meeting minutes. (TammyDixon, Town Secretary)3.Consider approval of the September 27, 2023, special meeting minutes. (TammyDixon, Town Secretary)4.Consider approval regarding an Interlocal Cooperation Agreement (ILA)between the Town of Trophy Club Police and Fire/EMS Department and DentonCounty for the use of a Radio Communication System for the Fiscal Year 20232024; and authorization for the Mayor to execute same on behalf of the Town.(Patrick Arata, Interim Town Manager)5.Consider approval of 22 purchase orders for FY 20232024 (April Duvall,Director of Finance).INDIVIDUAL ITEMS6.Discuss, consider and take action on the Trophy Club Community Pool Project,Phase II. (Ronnie Angel, Interim Director of Parks and Recreation)7.Discuss and consider approval of a resolution appointing members andchairpersons to the Animal Shelter Advisory Board; Building StandardsCommission; Parks and Recreation Board; Planning and Zoning Commission;Tax Increment Reinvestment Zone No. 1; and Zoning Board of Adjustment; andappointing members to the Crime Control and Prevention District; EconomicDevelopment Corporation; and Ethics Commission. (Mayor Tiffany andCouncilmembers Oldham and Bauer)8.Future Agenda Items List. (Patrick Arata, Interim Town Manager)EXECUTIVE SESSION9.Pursuant to the following designated section of the Texas Governmental Code,Annotated, Chapter 551 (Texas Open Meetings Act), The Town will recess intoexecutive session to discuss the following:a. Section 551.074, Personnel: To deliberate and consider the appointment,employment, evaluation, reassignment, duties, discipline or dismissal of publicofficers or employees; to wit: Town Manager. RECONVENE INTO REGULAR SESSION 10.The Town Council to reconvene into an open meeting and consider action, if any, on items discussed in closed 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 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on October 5, 2023, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Maggie McCormickKrukowski Records Analyst If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. 3 TOWN COUNCIL COMMUNICATION CONSENT MEETING DATE: October 9, 2023 FROM: Tammy Dixon, Town Secretary AGENDA ITEM: Consider approval of the September 25, 2023, regular meeting minutes. BACKGROUND/SUMMARY: The Town Council held a regular meeting on September 25, 2023. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Meeting Minutes – September 25 ,2023 Town Council Regular Meeting ACTION/OPTIONS: Move to approve the September 25, 2023, Town Council regular meeting minutes. 4 Town of Trophy Club - Regular Meeting Minutes September 25, 2023 The Trophy Club Town Council met in a Regular Meeting on September 11, 2023, at 6:00 p.m. The meeting was held at Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262. CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Tiffany called the Town Council meeting to order at 6:00 p.m. with the following members present: Jeannette Tiffany, Mayor Dennis Sheridan, Mayor Pro Tem Stacey Bauer, Councilmember Place 1 Jeff Beach, Councilmember Place 2 Karl Monger, Councilmember Place 4 LuAnne Oldham, Councilmember Place 5 Steve Flynn, Councilmember Place 6 constituting a quorum with the following members of the Town Staff participating: Patrick Arata, Interim Town Manager Tammy Dixon, Town Secretary Dean Roggia, Town Attorney Jason Wise, Fire Chief Matt Cox, Community Development Director April Duvall, Finance Director Denise Deprato, Human Resources Director Jill Lind, Communications and Marketing Director Tamara Smith, Assistant to the Town Manager INVOCATION Pastor Barry Clingan of The Church at Trophy Lakes led the invocation. PLEDGES Mayor Tiffany led the Pledge of Allegiances to the American and Texas Flags. PUBLIC COMMENTS There were no public comments. 5 Town Council Regular Meeting Minutes-September 25, 2023 Page 2 COMMUNITY SPOTLIGHT 1.National Night Out, Tuesday, October 3, 2023 (Vicki Hardy) Vicki Hardy spoke about her neighborhood, The Woods, which has been hosting a National Night Out (NNO) event for the past 14 years and encouraged the community to participate. She explained NNO is recognized in Texas each year on the first Tuesday in October. NNO encourages neighborhoods to join forces with local Police Departments nationwide to fight against crime. 2.Grapefest Grapestomp (Mayor Tiffany) Mayor Tiffany extended her gratitude to the City of Grapevine, Mayor William D. Tate, and the dedicated event organizers for inviting her to participate in the annual Grapefest event and, in particular, the Mayors Grape Stomping competition. She thanked Trophy Club staff, Thad Johnson and Debra Edmond, who participated with her. 3. Working for You . . . Trophy Club a) Update from Town Council Members Council Member Monger announced the Trophy Club Rotary Club was hosting an event on First Responders Day on November 4th at the Trophy Club Town Center. He explained the event recognizes first responders and provides educational awareness. Council Member Flynn reminded everyone of the Kathy Whitworth Championship Golf Tournament starting September 27th with the Pro-Am event. Mayor Tiffany took a moment to thank everyone who attended the Taste of Trophy Club event which is a celebration of the town's culinary diversity and a testament to Trophy Club’s strong sense of community. b) Update from Town Manager (Patrick Arata, Interim Town Manager) Interim Town Manager Arata echoed the success of Taste of Trophy Club; encouraged the community to participate in the upcoming National Night Out on October 3rd; advised the digital marquee at Trophy Club Drive had been hit and staff was assessing damages; and explained crews were clearing debris, waste, and clutter areas and will continue as planned in the coming days. 6 Town Council Regular Meeting Minutes-September 25, 2023 Page 3 c) Quick Civic Tip (Dean Roggia, Town Attorney). Town Attorney Dean Roggia provided a summary of the Texas Open Meetings Act regarding closed sessions, what could be discussed in closed sessions and explained no action could be taken in a closed session, that all votes had to be conducted in an open session. CONSENT AGENDA 4. Consider approval of the September 06, 2023, joint Town Council and Economic Development Corporation joint meeting minutes. (Tammy Dixon, Town Secretary) 5.Consider approval of the September 11, 2023, regular meeting minutes. (Tammy Dixon, Town Secretary) 6.Consider approval of an ordinance approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., MidTex Division regarding the company’s 2023 Rate Review Mechanism filing. (Patrick Arata, Interim Town Manager). The caption of the ordinance reads as follows: ORDINANCE 2023-16 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2023 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. 7.Consider approval of a resolution of the Town of Trophy Club establishing an Arts and Culture Ad Hoc Committee (Tammy Dixon, Town Secretary). The caption of the resolution reads as follows: 7 Town Council Regular Meeting Minutes-September 25, 2023 Page 4 RESOLUTION 2023-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB ESTABLISHING AN ARTS AND CULTURE AD HOC COMMITTEE; DEFINING THE DUTIES, MEMBERSHIP AND TERMS OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. 8. Consider approval of the Arts and Culture Ad Hoc Committee members appointed by Mayor Tiffany. (Mayor Tiffany) 9. Consider approval to terminate the existing Local Agreement and enter into a New Local Agreement with the Denton County District Attorney's Office and the Trophy Club Police Department in regards to seizures filed under Chapter 59 and Article 18.18 of the Texas Code of Criminal Procedure in Denton County, Texas. (Patrick Arata, Interim Town Manager) 10. Consider approval of a resolution revising the Employee Benefits Trust by modifying the trustees. (Denise Deprato, Director of Human Resources) The caption of the resolution reads as follows: RESOLUTION NO. 2023-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REVISING THE EMPLOYEE BENEFITS TRUST; MODIFYING THE TRUSTEES OF SAID TRUST TO THE TOWN MANAGER, FINANCE DIRECTOR, AND HUMAN RESOURCES DIRECTOR 11. Consider approval of a resolution adopting a Compensation Policy for the Town of Trophy Club. (Denise Deprato, Director of Human Resources) The caption of the resolution reads as follows: RESOLUTION NO. 2023-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING A COMPENSATION POLICY FOR THE TOWN OF TROPHY CLUB, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”; AND PROVIDING AN EFFECTIVE DATE. 12. Consider approval of a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Willow Estates (2H); and authorizing the Mayor or her designee to execute same on behalf of the Town. (Matt Cox, Director of Community Development) 13.Consider approval of a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Oak Estates (3H); and authorizing the Mayor or her designee to execute same on behalf of the Town. (Matt Cox, Director of Community Development) 8 Town Council Regular Meeting Minutes-September 25, 2023 Page 5 14. Consider approval of a Developer’s Agreement between the Town of Trophy Club and Trophy Club Estates Development, L.P. for the Cypress Estates (4H); and authorizing the Mayor or her designee to execute same on behalf of the Town. (Matt Cox, Director of Community Development) Councilmember Flynn moved to approve consent agenda items 4-14. Councilmember Beach seconded the motion. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Monger, Beach, Oldham NAYES:None VOTE:7-0 INDIVIDUAL ITEMS 15.Public Hearing to consider approval of an ordinance relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the proposed Assessment Roll, and the levy of Special Assessments against the property in PID No. 1. (Patrick Arata, Interim Town Manager) The Town Council, acting as the Public Improvement District No. 1 Board, considered this item. Mayor Tiffany opened the public hearing at 6:19 p.m. No one spoke in favor or opposition. Mayor Tiffany closed the public hearing at 6:19 p.m. Councilmember Beach moved to approve Ordinance No. 2023-17 relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the proposed Assessment Roll, and the levy of Special Assessments against the property in PID No. 1. Councilmember Bauer seconded the motion. The caption of the ordinance reads as follows: ORDINANCE 2023-17 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED SERVICES (EMERGENCY SERVICES) AND AN ASSESSMENT ROLL FOR THE TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 (THE HIGHLANDS AT TROPHY CLUB); MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT; PROVIDING FOR PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; 9 Town Council Regular Meeting Minutes-September 25, 2023 Page 6 PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENT; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Monger, Beach, Oldham NAYES:None VOTE:7-0 16.Discuss, consider, and take action regarding an ordinance amending Section 1.08.032 entitled “Board Established, Membership, Meetings” of Chapter 1, “General Provisions” Article 1.08, “Parks and Recreation” ; and Division 2 “Parks and Recreation Board” of the Town’s Code of Ordinances, by increasing the number of board members to provide for alternate members, and by establishing “Places and Terms.” (Mayor Jeannette Tiffany). Mayor Tiffany stated she requested this item. A discussion ensued regarding the differences of having alternate members compared to adding two regular members. Town Attorney Dean Roggia explained that alternate members would only participate if they were filling in for an absent member. It was the consensus that the board be increased to nine regular members. Councilmember Flynn moved to approve Ordinance 2023-18 amending Section 1.08.032 entitled “Board Established, Membership, Meetings” of Chapter 1, “General Provisions” Article 1.08, “Parks and Recreation” ; and Division 2 “Parks and Recreation Board” of the Town’s Code of Ordinances, by increasing the number of board members from seven to nine, and by establishing “Places and Terms.” Councilmember Oldham seconded the motion. The caption of the ordinance reads as follows: ORDINANCE NO. 2023-18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; AMENDING SECTION 1.08.032 “BOARD ESTABLISHED, MEMBERSHIP; MEETINGS” OF CHAPTER 1 “GENERAL PROVISIONS”; ARTICLE 1.08 “PARKS AND RECREATION”; AND DIVISION 2 “PARKS AND RECREATION BOARD” OF THE TOWN’S CODE OF ORDINANCES, BY INCREASING THE NUMBER OF BOARD MEMBERS TO NINE, AND BY ESTABLISHING “PLACES AND TERMS”; PROVIDING THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Monger, Beach, Oldham NAYES:None 10 Town Council Regular Meeting Minutes-September 25, 2023 Page 7 VOTE:7-0 17. Future Agenda Items List (Patrick Arata, Interim Town Manager) Interim Town Manager Arata reviewed the future agenda item list. EXECUTIVE SESSION/REGULAR SESSION Pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into a Closed Executive Session at 6:49 p.m. and reconvened into Regular Session at 9:01 p.m. in accordance with the Texas Government Code regarding: a.Section 551.071 consultation with Town Attorney to seek legal advice regarding legal issues related to the Lakes of Trophy Club Homeowner’s Association. No Action Taken. b. Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to wit: Town Manager. No Action Taken. ADJOURN Mayor Tiffany adjourned the Town Council meeting at 9:01 p.m. ____________________________ Jeannette Tiffany, Mayor Town Council Attest: _______________________________ Tammy Dixon, Town Secretary 11 TOWN COUNCIL COMMUNICATION CONSENT MEETING DATE: October 9, 2023 FROM: Tammy Dixon, Town Secretary AGENDA ITEM: Consider approval of the September 27, 2023, special meeting minutes. BACKGROUND/SUMMARY: The Town Council held a special meeting on September 27, 2023. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Draft Meeting Minutes – September 27, 2023, Town Council Special Meeting ACTION/OPTIONS: Move to approve the September 27, 2023, Town Council special meeting minutes. 12 Town of Trophy Club - Special Meeting Minutes September 27, 2023 The Trophy Club Town Council met in a Special Meeting on September 27, 2023, at 7:00 p.m. The meeting was held at Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262. CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Pro Tem Sheridan called the Town Council meeting to order at 7:00 p.m. with the following members present: Dennis Sheridan, Mayor Pro Tem Stacey Bauer, Councilmember Place 1 Jeff Beach, Councilmember Place 2 LuAnne Oldham, Councilmember Place 5 Steve Flynn, Councilmember Place 6 with the following members absent: Jeannette Tiffany, Mayor (excused) Karl Monger, Councilmember Place 4 (excused) constituting a quorum with the following members of the Town Staff participating: Patrick Arata, Interim Town Manager Maggie McCormick-Krukowski, Records Analyst Dean Roggia, Town Attorney April Duvall, Finance Director Denise Deprato, Human Resources Director PLEDGES Mayor Pro Tem Sheridan led the Pledge of Allegiances to the American and Texas Flags. PUBLIC COMMENTS There were no public comments. 13 Town Council Special Meeting Minutes-September 27, 2023 Page 2 INDIVIDUAL ITEMS 1.Public Hearing to consider approval of an ordinance adopting the 2023 tax rolls and fixing and levying municipal ad valorem taxes for the fiscal year beginning October 1, 2023, and ending on September 30, 2024, and for each fiscal year thereafter until otherwise provided, at the rate of 0.415469 per 100 assessed valuation on all tax able property within the corporate limits of the Town of Trophy Club as of January 1, 2023. (Patrick Arata, Interim Town Manager) Mayor Pro Tem Sheridan opened the public hearing at 7:02 p.m. Ms. Duvall explained the proposed rate was equal to the No-New-Revenue Tax Rate of 0.415469 which was lower than the current tax rate. Mr. Arata stated the current rate was .41546l9 and although the tax rate was lower, the revenue increased based on property values. No one spoke in favor or opposition. Mayor Pro Tem Sheridan closed the public hearing at 7:04 p.m. Councilmember Beach moved that the property tax rate be increased by the adoption of a tax rate of $0.415469 per $100 of assessed value, which is effectively a 9.6 percent increase in the tax rate; and move to approve Ordinance 2023-19 adopting the 2023 tax rolls and fixing and levying municipal ad valorem taxes for the fiscal year beginning on October 1, 2023, and ending on September 30, 2024, and for each fiscal year thereafter until otherwise provided, at the rate of $0.415469 per $100 assessed valuation on all taxable property within the corporate limits of the Town of Trophy Club as of January 1, 2023. Councilmember Flynn seconded the motion. The caption of the ordinance reads as follows: ORDINANCE NO. 2023-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $0.415469 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN AS OF JANUARY 1, 2023; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; APPROVING THE TAX RATE AND LEVY AND NOTIFYING THE PUBLIC THAT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; PROVIDING FOR PAYMENT TO THE TOWN ASSESSOR/COLLECTOR; 14 Town Council Special Meeting Minutes-September 27, 2023 Page 3 PROVIDING FOR PENALTY AND INTEREST; PROVIDING FOR APPROVAL OF THE 2023 TAX ROLLS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE AYES: Bauer, Beach, Flynn, Oldham, Sheridan NAYES:None ABSENT:Tiffany, Monger VOTE:5-0-2 2.Consider approval of ratifying the property tax increase reflected in the FY 2023- 2024 budget. (Patrick Arata, Interim Town Manager) Sean Nelson, 267 Oak Hill Drive, inquired about the 9.6% increase of the proposed budget. Mayor Pro Tem Sheridan and Ms. Duval explained the increase which was related to increased salaries to keep the Town competitive with its comparable and competitive municipalities. Councilmember Beach moved to ratify the property tax increase reflected in the FY 2023-2024 budget. Councilmember Bauer seconded the motion. ROLL CALL VOTE AYES: Bauer, Beach, Flynn, Oldham, Sheridan NAYES:None ABSENT:Tiffany, Monger VOTE:5-0-2 EXECUTIVE SESSION/REGULAR SESSION Pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into a Closed Executive Session at 7:13 p.m. and reconvened into Regular Session at 7:37 p.m. in accordance with the Texas Government Code regarding: Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to wit: Town Manager. No Action Taken. ADJOURN 15 Town Council Special Meeting Minutes-September 27, 2023 Page 4 Mayor Pro Tem Sheridan adjourned the Town Council meeting at 7:37 p.m. ____________________________ Jeannette Tiffany, Mayor Town Council Attest: _______________________________ Tammy Dixon, Town Secretary 16 MEETING DATE: October 9, 2023 FROM: Patrick Arata, Interim Town Manager AGENDA ITEM: Consider approval regarding an Interlocal Cooperation Agreement (ILA) between the Town of Trophy Club Police and Fire/EMS Department and Denton County for the use of a Radio Communication System for the Fiscal Year 2023-2024. BACKGROUND/SUMMARY: The purpose of the Interlocal Agreement (ILA) is to provide radio communication services between Users and the Town of Trophy Club Police and Fire/EMS. The service benefits the public health and welfare, promotes efficiency and effectiveness, and is of mutual concern to the contracting Parties. The ILA will be from October 1, 2023, to September 30, 2024. The Police and Fire/EMS will be allowed to use county-provided Talk Groups, which are coordinated by the County. The County will maintain, operate, and control the System. The Town will be responsible for purchasing its radios, periodic maintenance performed on its radios, obtaining technical services support for agency-owned equipment, and programming of any agency-owned radios. The Police and Fire/EMS Department believes entering into the Tier 3 support will provide the departments with the additional subscriber services needed to perform their duties. The County calculates its fees based on the total number of Subscriber Units. “User” means any entity with which the City of Denton, the City of Lewisville, Denton County, or other Infrastructure Member has entered into a contractual agreement for the provision of radio communication services through the Consolidated Communications System. “Talk Group” means a specific group of Subscriber Units allowed to communicate privately within that group over shared infrastructure resources. "Subscriber Units " means mobile radios, portable radios, or any similar devices used for communicating over the Communications System. 17 BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The fees will include a Tier 1 user rate plus an add-on for Subscriber Services (program once per year and PM Radios every two years) -$6 (each) per month. The Fire/EMS Department Subscribers are $2,736.00. The Police Department Subscribers are $3,528.00. The total amount per year will be $6,264.00. LEGAL REVIEW: Approved as to legal form by Town Attorney. ATTACHMENTS: Interlocal Cooperation Agreement (ILA) for the use of the Denton County Radio Communications System ACTION/OPTIONS: Move to approve Interlocal Agreement (ILA) between the Town of Trophy Club Police and Fire/EMS and Denton County for the use of their radio communication system for the Fiscal Year 2022-2023 and authorizing the Mayor or her designee to execute all necessary documents. 18 1 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 INTER-LOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND THE TOWN OF TROPHY CLUB FIRE AND POLICE DEPARTMENTS FOR THE USE OF THE DENTON COUNTY RADIO COMMUNICATIONS SYSTEM This Inter-Local Agreement (“Agreement”) is entered into by and between the County of Denton, Texas (“the County”) and the Town of Trophy Club, Texas, both entities being located in Denton County, Texas (collectively, the “Parties” or separately as a “Party”). The Parties execute this agreement as hereinafter provided, pursuant to the Texas Governmental Code, Chapter 791, known as the Inter-Local Cooperation Act: WHEREAS, Denton County is a political subdivision within the State of Texas, each of which engages in the provision of governmental services for the benefit of its citizens; and WHEREAS, the Agencies are duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agencies; and WHEREAS, the Inter-Local Cooperation Act, Texas Government Code, Chapter 791, as amended “the Act” provides authority for local governments of the State of Texas to enter into Inter-local agreements with each other for the purpose of performing governmental functions and services as set forth in the Act; and WHEREAS, the County owns, operates, and maintains the radio-communications system, exclusive of the radios owned individually by each User Agency (“System”) for the purpose of providing radio communications in support of its governmental operations; and WHEREAS, Trophy Club wishes to use certain portions of the System for its governmental operations; and WHEREAS, the use of the System in the provision of governmental services benefits the public health and welfare, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting Parties; and WHEREAS, Trophy Club and the County have current funds available to satisfy any fees and costs required pursuant to this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreement herein contained, the sufficiency of which are hereby acknowledged, and upon and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 19 2 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 I. DEFINITIONS “Assignee” means the Agencies employee assigned to a specific Subscriber Unit. “Communications System” or “System” means a wide area, multi-agency digital trunked radio system compliant with P-25 interoperability standards to be used jointly by the City of Lewisville, the City of Denton, Denton County, and other Infrastructure Members, if any, primarily for providing public safety dispatch and communications for fire, emergency medical and police services and such other governmental services as may be agreed from time to time by the Parties. “Coordinating Committee” means the committee that is responsible for making recommendations to the Infrastructure Management Committee on the administration and operation of the Communications System. “Infrastructure Management Committee” means the committee that is responsible for the administration and operation of the Communications System. “Subscriber Units” means mobile radios, portable radios or any similar devices used for communicating over the Communications System. “Talk Group” means a specific group of Subscriber Units allowed to communicate privately within that group over shared infrastructure resources. “Technical Committee” means the committee that advises the Coordinating Committee on technical issues related to the operation of the Communications System. “User” means any entity with which the City of Denton, the City of Lewisville, Denton County, or other Infrastructure Member has entered into a contractual agreement for the provision of radio communication services through the Consolidated Communications System. II. TERM 2.1 This Agreement is for a period of a one (1) year term, beginning on the 1st day of October, 2023, and ending on the 30th day of September, 2024. unless terminated earlier pursuant to Section 7.1. 2.2 It is the intention of the Parties for this to be a long term enterprise which will be renewed with a new ILA each year subject to approval by each Party’s governing body. 20 3 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 III. OBLIGATIONS OF TOWN OF TROPHY CLUB 3.1 Trophy Club shall use the System in accordance with this Agreement to provide integration of communications by Trophy Club between its Users on the System for governmental operations. 3.2 When using the System, Trophy Club shall abide by all applicable Federal and State laws and regulations, including any regulations of the Denton County Radio System. When Trophy Club uses the System for interoperability with Talk Groups (hereinafter defined) other than those provided by this Agreement, Trophy Club will also abide by the User rules of those Talk Groups. 3.3 Trophy Club must provide a written request to the Denton County Radio System Manager (“System Manager”) or his designee, to activate radios (“Subscriber Units”) on the System. Such request must include the model and serial number of the Subscriber Unit, the name of the Assignee, and identifying Talk Groups required in the Subscriber Unit. 3.4 Trophy Club is responsible for furnishing its own Subscriber Units, which must be compatible with the APCO P-25 Phase 2 TDMA Digital System, and for maintenance of the Subscriber Units. Trophy Club is responsible for all programming of Agency-owned Subscriber Units. 3.5 Trophy Club shall be solely responsible for obtaining a technical services support contract and a maintenance contract for all Agencies-owned dispatch infrastructure equipment, either from the manufacturer of the equipment or from a manufacturer-authorized service provider. The County shall not be responsible for maintenance of any Agencies-owned equipment. 3.6 Depending on the equipment that will be purchased and installed by Trophy Club, the Agencies shall be solely responsible for entering into such Software Update Agreements and/or Software Maintenance Agreements from the manufacturer as necessary to ensure that the equipment owned by the Agencies will be maintained and upgraded to meet the requirements of the System when the County performs System upgrades. 3.7 Trophy Club shall be solely responsible for having periodic maintenance (PM) performed on its Subscriber Units at least every two years which shall include tuning and alignment of the Subscriber Units and updating the Subscriber Units with the latest firmware available. 3.8 The County shall not be liable to the Agencies for the lack of interoperability between the Subscriber Units and the System if the Agencies fails to perform the required PM and/or obtain the software and/or firmware upgrades recommended by the County and/or the 21 4 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 manufacturer of the Subscriber Units necessary to communicate through the System as set forth in Sections 3.5, 3.6, and 3.7 above. IV. OBLIGATIONS OF THE COUNTY 4.1 The County will allow Trophy Club to use County provided Talk Groups, which are a primary level of communication for Users on the System (“Talk Group”), comparable to a channel on a conventional radio system, for the exclusive use of Trophy Club. Talk Groups will be established for the Agencies by the County. 4.2 The System Manager will not activate radios on the Trophy Club Talk Groups nor make changes to the Trophy Club radios without first receiving authorization from the designated representative of the Agencies, unless, in the opinion of the County, such action is necessary to eliminate harmful interference. 4.3 The County is solely responsible for: (1) Coordinating Talk Groups among System Users; (2) Grouping of Talk Groups to allow transmitting and receiving on all associated Talk Groups as required by the Agencies; and (3) The operation, maintenance, and control of the System V. FEES 5.1 The fees payable for the term of this Agreement are set out in Exhibit A which is attached and incorporated for all purposes. 5.2 The County may increase the fees each October 1st, the beginning of each County fiscal year, by an amount not to exceed five percent (5%) of the previous year’s fees. The County will provide ninety (90) days’ notice to Trophy Club before increasing the fees. 5.3 Based on the fees described above, the County will calculate the annual fee due based upon the total number of Subscriber Units and submit an invoice to the Agencies on or before October 1st of each year. This amount is subject to change when the Agencies add or delete the number of Subscriber Units in service. The Agencies must notify the System Manager in writing of any addition or deletion of Subscriber Units. 5.4 Fees for Additions - The amount owed for annual fees for additions of Subscriber Units will be prorated for the year added, invoiced immediately, and amounts will be due within thirty (30) days of receipt of the invoice for the addition(s). 22 5 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 5.5 Deletions - No refunds for deletions will be made for the Agencies deletion of Subscriber Units during the period of the Agreement. The fees for the upcoming fiscal year will be calculated based on the number of Subscriber Units in service on the radio system as of May 1st of the current contract year. 5.6 In the event a new Inter-Local Agreement is not executed prior to the expiration of this Agreement, and the Sheriff’s Office continues to provide access to the Radio Communications System, the Agencies shall reimburse and compensate the County for access to the Denton County Radio Communications System at the rate set by the Denton County Sheriff and approved by the Denton County Commissioners Court for the next fiscal year. VI. PAYMENT DUE 6.1 The Agencies agree to pay the County the annual fees specified under Article V within thirty (30) days of the receipt of the invoice. Should the Agencies add Subscriber Units or Talk Groups to the Service within a Term, the Agencies agree to pay the additional fee(s) due within thirty (30) days of invoice. All payments for expenses incurred as a result of the performance of the Agreement shall be made only from current revenues legally available to each respective Party. VII. TERMINATION 7.1 Either Party may terminate this Agreement at any time by giving ninety (90) days advance written notice. The Agencies shall pay for all fees incurred through the effective date of termination. If the County permanently discontinues the operation of its System, this Agreement shall terminate on the date of discontinuance without further notice, and the County will reimburse the Agencies the pro-rated amount of the fees previously paid by the Agencies for the use of the System for the then current fiscal year. VIII. RELEASE AND HOLD HARMLESS TO THE EXTENT PERMITTED BY LAW, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST, TO RELEASE, AND TO HOLD HARMLESS THE OTHER PARTY AND ITS RESPECTIVE OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, LOSSES, DAMAGES, ATTORNEYS, FEES, INCLUDING ALL EXPENSES OF LITIGATION OR SETTLEMENT, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OR INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY 23 6 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN THE EVENT THAT A CLAIM IS FILED, EACH PARTY SHALL BE RESPONSIBLEFOR ITS PROPORTIONATE SHARE OF LIABILITY. IX. IMMUNITY In the execution of this Agreement, neither of the Parties waives, nor shall be deemed hereby to have waived any immunity or any legal or equitable defense otherwise available against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement does not create any rights in parties who are not signatories to this Agreement. X. ASSIGNMENT The Agencies agree to retain control and to give full attention to the fulfillment of this Agreement. The Agencies cannot assign or sublet this Agreement without the prior written consent of the County. Further, the Agencies cannot sublet any part or feature of the work to anyone objectionable to Denton County. Trophy Club also agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Agreement, does not relieve the Agencies from its full obligations to the County as provided by this Agreement. XI. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Denton County and Trophy Club and supersedes all prior negotiations, representations and/or agreements, either written or oral, between Denton County and Trophy Club. This Agreement may be amended only by written instrument signed by Denton County and Trophy Club. 24 7 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 XII. NOTICES Unless notified otherwise in writing, all notices are required to be given to either Party in writing and delivered in person or sent via certified mail to the other Party at the following respective addresses: County: 1 Denton County Judge Denton County Commissioners Court 1 Courthouse Drive, Ste 3100 Denton, Texas 76201 2 Denton County Sheriff Denton County Sheriff’s Office 127 N. Woodrow Lane Denton, Texas 76205 3 Assistant District Attorney Counsel to the Sheriff 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency: Town of Trophy Club Fire & Police Departments Contact Person Mayor Jeannette Tiffany Address 1 Trophy Wood Dr. City, State, Zip Trophy Club, TX 76262 Telephone 682-237-2900 Email jtiffany@trophyclub.org XIII. AUTHORITY TO SIGN The undersigned officers and/or agents of the Parties hereto are the properly authorized officials or representatives and have the necessary authority to execute this Agreement on behalf of the Parties. XIV. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, 25 8 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 either Party may terminate this Agreement by giving the other Party thirty (30) days written notice. XV. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. The Parties agree that this Agreement shall be enforceable in Denton County, Texas, and if legal and necessary, exclusive venue shall lie in Denton County, Texas. XVI. INTERPRETATION OF AGREEMENT Although this Agreement is drafted by the County, this is a negotiated document. Should any part of this Agreement be in dispute, the Parties agree that the Agreement shall not be construed more favorably for either Party. XVII. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one (1) or more instances of forbearance by either Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XVIII. SUCCESSORS AND ASSIGNS The Parties each bind themselves, their respective successors, executors, administrators, and assigns to the other Party to this contract. Neither Party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other Party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of all Parties. EXECUTED duplicate originals on the dates indicated below: 26 9 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 SIGNED AND AGREED BY THE TOWN OF TROPHY CLUB, TEXAS: BY: ________________________________________ Date:_________________________________ Jeannette Tiffany, Mayor Town of Trophy Club 1 Trophy Wood Dr. Trophy Club, TX 76262 682-237-2900 Approved as to content: Jason Wise, Fire Chief Patrick Arata, Chief of Police Approved as to form: Attorney for Agency 27 10 | P a g e Radio Communications System Agreement/Town of Trophy Club Fire & Police Departments 2023-24 APPROVED BY THE DENTON COUNTY COMMISSIONERS COURT OF DENTON COUNTY, TEXAS: BY: Date: Andy Eads, County Judge Denton County Commissioners Court 1 Courthouse Drive, Ste 3100 Denton, Texas 76201 (940)349-2820 Approved as to content: Denton County Sheriff’s Office Approved as to form: Assistant District Attorney Counsel to the Sheriff 28 Exhibit A Denton County Sheriff’s Office Radio Communications System Agreement FY23-24 Agency Payment Worksheet/Invoice Agency: Town of Trophy Club Fire and Police Departments Payment Contact Person: Patrick Arata, Interim Town Manager and/or Tammy Dixon, Town Secretary Phone Number: 682-237-2900 Email(s): parata@trophyclub.org and/or tdixon@trophyclub.org Address: 1 Trophy Wood Drive City, State, Zip Trophy Club, TX 76262 Agency Should Include this Worksheet with Each Payment Sent to Denton County. Make checks payable to: Denton County Mail payments to: Radio Communications Systems Agreement Payments Denton County Sheriff’s Office Attn: Sherry Cochran 127 N. Woodrow Lane Denton, Texas 76205 Please select one of the following options: Tier 1 Tier 3 Radio User ONLY - $4 each per month Includes Tier 1 User + add on of Subscriber Services (program once per year and PM radios every two years) - $6 each per month FD Radio Subscribers 38 $1,824.00 FD Radio Subscribers 38 $2,736.00 PD Radio Subscribers 49 $2,352.00 PD Radio Subscribers 49 $3,528.00 Total Amt Per Year = $4,176.00 Total Amt Per Year = $6,264.00 BILLED ANNUALLY Please make your Tier selection, sign and date below. Circle One: Tier 1 / Tier 3 Signature of Agency Representative Title Date 29 TOWN COUNCIL COMMUNICATION CONSENT MEETING DATE: October 9, 2023 FROM: April Duvall, Director of Finance AGENDA ITEM: Consider approval of 22 annual purchase orders for FY 2023-2024. BACKGROUND/SUMMARY: Annually, staff compiles initial purchase orders that are expected to exceed $25,000 for the fiscal year to be presented to council for approval. The objective is to present all purchase orders exceeding $25,000 that the staff is aware of at the beginning of the year for Council approval. This approach serves two main purposes: firstly, it allows the Council to review these purchases collectively, and secondly, it streamlines operational efficiency. The specific purchase orders are included in an attached spreadsheet. Legal Taylor, Olson, Adkins, Sralla & Elam, LLP (TOASE) - Annual legal services provided by Dean Roggia – $ 225,000.00 Community Development Teague Nall & Perkins - Purchase order for engineering services in FY24. This purchase order allows staff to use Teague Nall and Perkins for inspections and review of residential and commercial drainage, grading and other civil drawings that are submitted through the permitting department. On-site inspections and plan reviews as needed for FY2024- $ 42,000.00. HE Planning + Design, LLC - Purchase order for planning consulting services in FY24. This purchase order allows staff to use HE Planning + Design to provide on-call professional services for planning and zoning applications submitted through the permitting department. Services are provided to Trophy Club staff on an as-needed basis for FY2024 - $32,000.00. Bureau Veritas North America, Inc. – Purchase order for various 3rd party building and health inspections throughout the year - $ 46,000.00. CW Janitorial – Purchase order for weekly cleaning of Town Hall, Police Department and Fire Department in FY24. - $ 42,600.00. Finance 30 Forvis, LLP – Annual Auditing Services $63,800.00 ClearGov – Budget & Transparency Software $ 21,645.00 (this item is under the $25K annual threshold but the overall five year contract does exceed that amount.) Fire/EMS Motorola Solutions - Purchase Order for 10 APX8000 All Band Portable Radios Model 2.5 plus accessories - $ 89,941.00. IT NetGenius - Purchase Order for third party IT Support Services - $ 191,520.00. Canon Solutions America, Inc – Purchase Order for the annual Copier/Scanner/Printer lease for Town Hall, Police Department and the Fire Department. (This PO also does not meet the $25K threshold but the original request did not include the Fire Department, it is included so that council is made aware the original approved contract has been expanded to include the Fire/EMS department, this request was at the recommendation of NetGenius due to the current machine being unrepairable. This expense will not result in a budget amendment but will be managed within the current approved budget of the Fire and IT budgets.) CivicPlus, LLC – Purchase order for the annual CivicRec (Parks & Rec software), CivicEngage (Website design software) and CivicClerk (Town Secretary agenda software) solutions - $ 44,759.00 Parks & Recreation Yellowstone Landscaping - Purchase order for various 3rd party mowing & maintenance of unimproved land/trails - $ 59,036.00. Lawns of Dallas - Purchase order for various 3rd party mowing & maintenance of unimproved land/trails - $ 52,032.00. DCC Industries - Water treatment chemicals for pool, including LiquiChlor and Acid – $ 23,000.00. SiteOne Landscape Supply – Purchase Order for the purchase of Irrigation supplies, landscape material and playground mulch - $ 41,500.00. PyroTex – Purchase Order for the purchase of the fireworks display for the annual July 4th celebration - $ 27,000.00. Police 31 Motorola Solutions – Purchase Order for 8 Motorola Watchguard M500 video car systems including 3 year license/support and extended warranty - $ 82,566.40 Denton County Auditor – Denton County ILA for Dispatch Services related to Police and Fire - $ 57,549.00 Police – CCPD Flock Group – Purchase Order for the service agreement related to the Flock LPR cameras (Qty 10) and one-time implementation fee - $ 25,550.00 Sam Pack’s Five Star Ford – Purchase order for the purchase of 2 Ford Explorer Interceptor and 1 Ford F-150 Crew Cab Police Responder vehicles $ 158,685.84. Thermo Scientific Portable – Purchase order for the purchase of a TruNarc Unlimited Model with one year warranty and on-site instructor led training for 12 students $ 29,751.86. Communications & Marketing Octagon Media – Purchase order for the Visit Trophy Club initiative, including digital advertising plan and media purchasing agreement $ 64,000. BOARD REVIEW/CITIZEN FEEDBACK: None applicable FISCAL IMPACT: The funds required for these purchase orders are accessible within the FY24 Approved Budget, and all necessary purchasing procedures were adhered to appropriately. LEGAL REVIEW: None applicable ATTACHMENTS: •Purchase Orders consolidated list •Purchase Order requests ACTION/OPTIONS: Consider approval of 22 FY 2023-2024 annual Purchase Orders as presented. 32 Annual Recurring Purchase Order Listing - Over 25K Department Vendor Description Amount Documents Attached Legal TOASE Town Legal Services $225,000 Yes Comm. Development Teague Nall & Perkins Engineering Services $42,000 Yes Comm. Development HE Planning + Design, LLC Planner $32,000 Yes Comm. Development Burea Veritas North America, Inc.Bldg./Health Inspections $46,000 Yes Comm. Development CW Janitorial/FW Cleaning Serv.Cleaning - Town Hall - PD - FD $42,000 Yes Finance Forvis Auditors $63,800 Yes Finance ClearGov Budget & Transparency Software $21,645 Yes Fire/EMS Motorola Solutions Portable Radios Qty 10 $89,941 Yes IT NetGenius IT Support Services $191,520 Yes IT Canon Soltuions America, Inc.Canon Printer/Scanners (Town, PD & EMS)$15,765 Yes IT CivicPlus CivicRec, CivicEngage & CivicClerk $44,759 Yes Parks & Rec Yellowstone Landscaping Mowing/maintenance of unimproved land/trails $59,036 Yes Parks & Rec Lawns of Dallas Mowing/maintenance of unimproved land/trails $52,032 Yes Parks & Rec DCC Industries Chemicals for Pool $23,000 Yes Parks & Rec SiteOne Landscape Supply Irrigation Supplies & Landscape Materials $41,500 Yes Parks & Rec Pyrotex Firework Show - July 4th $27,000 Yes Police Department Motorola Solutions Motorola Watchguard M500 video car system - Qty 8 $82,566 Yes Police - Fire Denton Co Auditor Fee to use Denton SO for Police Dispatch - Fire $11,423 Police $46,306 $57,549 Yes CCPD Flock Group License plate reader camera system $25,550 Yes CCPD Sam Pack's Five Star Ford 3 Police Vehicles $158,686 Yes CCPD Thermo Scientific Portable TruNarc Unlimited Model $29,752 Yes Communications Octagon Media Explore TC - Digital Media Firm - Digital Management and Advertising Buys $64,000 Yes 33 Annual Recurring Purchase Order Listing - Under 25K Department Vendor Finance ZacTax Finance BLX IT Adobe Communications CivicPlus, LLC Communications Alert Media, Inc. Communications ReGroup Communications Josh Miller LLC Town Sec/Manager Josh Miller LLC Town Sec/Manager NW Metroport Chamber of Commerce Comm. Development Lawton Comm. Development Stericycle Comm. Development Cantwell Power Comm. Development PureService Communications Archive Social Communications Citibot 34 Description Amount Sales Tax $3,000 Arbitrage Calculation $5,000 Creative Cloud 6 users - Acrobat Pro 29 users - Photoshop 1 user $7,519 Town - Website Platform / Security $21,434 TC Alerts Mass Notification System $14,213 TC Alerts Mass Notification System $3,000 Video Production Services (Oct 01 - Dec 30)$12,000 Meeting Management / Chambers (Oct 01 - Dec 30)$6,750 Annual Membership - 7,500 Luncheon Table - 1,800 Alliance Development - 2,500 $11,800 Elec/Plumbing/HVAC Sherding Service/Emergency on generators Park Restroom Cleaning Social Media Archiving - Backup $5,988 Supplemental Request - A.I Customer Service Enhacement Platform - Website, Text and Social Media $16,400 Annual Recurring Purchase Order Listing - Under 25K 35 36 37 38 39 40 41 42 43 www.tnpinc.com engineers surveyors landscape architects TEXAS FORT WORTH DENTON ALLEN HEATH KATY STATE OF TEXAS § §COUNTY OF DENTON AGREEMENT FOR ENGINEERING SERVICES This agreement made, entered into and executed 10th day of October, 2023, by and between the TOWN OF TROPHY CLUB (hereinafter referred to as "TOWN"), and TNP, Inc., Consulting Engineers, (hereinafter referred to as "ENGINEER"), with principal offices at 5237 Riverside Drive Suite 100, Fort Worth, Texas. TOWN and ENGINEER will be referred to individually as “Party,” and collectively, as the “Parties.” WITNESSETH, that whereas the TOWN desires engineering design or consultation on various issues and requires engineering services on various public work improvements. NOW, THEREFORE, the TOWN and the ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: SECTION I. EMPLOYMENT OF ENGINEER The TOWN agrees to employ the ENGINEER as and when needed for various projects and the ENGINEER agrees to perform professional engineering services in connection with such projects as stated in Section II below, and having rendered such services, the TOWN agrees to pay to the ENGINEER compensation as stated in Section V to follow. SECTION II. CHARACTER AND EXTENT OF SERVICES The ENGINEER shall, at the TOWN's request, render the following professional services for the TOWN. A. B. Meetings: At the specific request of the TOWN, the ENGINEER will attend meetings and hearings of the Town Council and various Town boards and committees. Review of Development Proposals: At the request of the TOWN, the ENGINEER will review plats, site plans, and public improvement plans for various public and private projects proposed in the TOWN. This review will include comment on drainage systems; traffic; conformance with codes and policies; flood plain management; construction and maintenance of streets; discrepancies in easement's acknowledgments, or certifications; and other potential problems noted in the proposed development during the engineering review. The ENGINEER will provide the TOWN with its findings in a letter report in a timely manner. At the request of the TOWN, the ENGINEER may be requested to present and support his findings at various public meetings. TNP Firm Registrations Texas Board of Professional Engineers and Land Surveyors | Engineering Firm No. F-230 | Surveying Firm No. 10011600 | 10194381 | 10011601 Texas Board of Architectural Examiners Firm No. BR 2673 44 C.Flood Plain Management: At the request of the TOWN, the ENGINEER will provide technical assistance in review of flood hazard boundary determinations by the Federal Emergency Management Agency; review development permit applications within floodways and floodway fringes; and assist in conferences with federal, state and local officials. D. E. Capital Improvements Planning: At the request of the TOWN, the ENGINEER will provide technical assistance in reviewing capital needs for the TOWN and estimating probable costs of such facilities. TOWN Specifications and Requirements: At the request of the TOWN, the ENGINEER will provide technical assistance and consultation on various requirements and standard specifications used by the TOWN. SECTION III. ADDITIONAL SERVICES The TOWN may choose to initiate exclusive negotiations with the ENGINEER for any or all design services on any public works project initiated by the TOWN during the term of this Agreement. The TOWN reserves the right to terminate negotiations under this Section and seek employment of another engineer if, in the opinion of the TOWN, the fees proposed by the ENGINEER are unacceptable, or adequate staff is not available from the ENGINEER to complete the project in a timely manner, or the services requested require special expertise for which another engineer is considered more qualified. SECTION IV. PERIOD OF SERVICE This Agreement shall become effective upon execution by the TOWN and the ENGINEER and shall remain in force until terminated under the provisions of Section X below. SECTION V. COMPENSATION A.Engineering Services: The ENGINEER shall be compensated based on the Standard Rate Schedule provided in Attachment ‘A’. Salary cost includes the employer's share of Social Security, holiday, vacation, sick leave, Workmen's Compensation Insurance, and federal and state unemployment insurance. B.Surveying Services: Surveying services based on the Standard Rate Schedule provided in Attachment ‘A’. Salary cost includes the employer's share of Social Security, holiday, vacation, sick leave, Workmen's Compensation Insurance, and federal and state unemployment insurance. The Rate Schedule will be based on various crew sizes, office staff and equipment used. C:Other Expenses: Actual out-of-pocket expenses that are incurred during the progress of the work at ENGINEER's cost plus 10%. The actual out-of-pocket expenses include: air fare, automobile rental if required, mileage charges, parking, tolls, taxi, meals, lodging, printing and reproduction costs for work outsourced, and other miscellaneous costs incurred specifically for this project. D.Work by Others: For work done by others, at the actual cost to the ENGINEER of such services plus 10%. Page 2 45 The ENGINEER may submit invoices for services rendered no more frequently than monthly, accompanied by an explanation of the services provided and any necessary supporting documentation. SECTION VI. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the ENGINEER as instruments of services. The TOWN may at its expense retain reproducible copies of drawings and copies of other documents, in consideration of which it is mutually agreed that the TOWN will use them solely in connection with the project. SECTION VII. INDEMNITY ENGINEER shall indemnify and save harmless the TOWN and its officers, agents, and employees from the liability of the TOWN on account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorney fees incurred by the TOWN, proximately caused by the negligent acts or omissions of the ENGINEER or its officer, agents, or employees in the execution, operation, or performance of this Agreement. SECTION VIII. INSURANCE The ENGINEER shall effect and maintain insurance to protect itself from claims under workmen's compensation act's claims for damages because of bodily injury including personal injury; sickness or disease; or death of any of its employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom; and from claims arising out of the performance of professional services caused by any errors, omissions or negligent acts for which it is legally liable. SECTION IX. ARBITRATION No arbitration arising out of, or relating to, the Agreement involving one party to this Agreement may include the other party to this Agreement without their approval. SECTION X. TERMINATION Either party to this Agreement may terminate the Agreement by giving the other at least thirty (30) days notice in writing. Upon delivery of such notice by the TOWN to the ENGINEER, and upon expiration of the seven-day period, the ENGINEER shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practical after receipt of notice of termination, the ENGINEER shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The TOWN shall then pay the ENGINEER for those services actually performed under this Agreement prior to the receipt of termination notice, less such payments on account of the charges as have been previously made; provided, however, that the TOWN shall not then be required to pay for those services of the ENGINEER for which the TOWN terminated this Agreement and which are therefore in dispute. Copies of all completed or partially Page 3 46 completed designs, plans, and specifications prepared under this Agreement shall be delivered to the TOWN when and if this Agreement is terminated. SECTION XI. SUCCESSORS AND ASSIGNMENTS The TOWN and the ENGINEER each binds themselves and their successors, executor, administrators and assigns to the other party of this Agreement and to the successor, executor, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the TOWN nor the ENGINEER shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be constructed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. This agreement is executed in two counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this agreement the day and year first above written. TOWN OF TROPHY CLUB (TOWN) TNP, Inc. (ENGINEER) ____________________________________________________________________ Michael S. Wilson, P.E. Director of Engineering Services/Principal ATTEST:ATTEST: ______________________________________________________ Page 4 47 ATTACHMENT 'A' Teague Nall and Perkins, Inc. 2023 Standard Hourly Rates Effective January 1, 2023 to December 31, 2023 Hourly Engineering/Landscape Architecture/ROW Billing Rate Principal or Director Team Leader $290 $275 $270 $230 $280 $180 $285 $200 $160 $135 $280 $200 $140 $185 $160 $150 $120 $180 $85 Senior Project Manager Project Manager Senior Engineer Project Engineer Senior Structural Engineer Structural Engineer Engineer III/IV Engineer I/II Senior Landscape Architect/Planner Landscape Architect / Planner Landscape Designer Senior Designer Designer Senior CAD Technician CAD Technician IT Technician Clerical ROW Manager Senior ROW Agent ROW Agent Relocation Agent ROW Admin Intern $250 $185 $145 $185 $100 $80 Hourly Billing Rate $290 Surveying Survey Manager Registered Professional Land Surveyor (RPLS) Field Coordinator S.I.T. or Senior Survey Technician Survey Technician 1-Person Field Crew w/Equipment** 2-Person Field Crew w/Equipment** 3-Person Field Crew w/Equipment** 4-Person Field Crew w/Equipment** Flagger $250 $155 $150 $130 $160 $190 $215 $235 $60 Abstractor (Property Deed Research) Small Unmanned Aerial Systems (sUAS) Equipment & Crew Terrestrial Scanning Equipment & Crew $100 $450 $280 Page 5 48 ATTACHMENT 'A' Teague Nall and Perkins, Inc. 2023 Standard Hourly Rates Effective January 1, 2023 to December 31, 2023 Utility Management, Utility Coordination, and SUE Billing Rate $180Senior Utility Coordinator Utility Coordinator $160 SUE Field Manager $180 Sr. Utility Location Specialist $180 Utility Location Specialist $110 1-Person Designator Crew w/Equipment*** 2-Person Designator Crew w/Equipment*** 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) Core Drill (equipment only) SUE QL-A Test Hole (0 < 8 ft)**** SUE QL-A Test Hole (> 8 < 15 ft)**** $155 $200 $320 (4 hr. min.) $800 per day $2,300 each $2,800 each Hourly Billing Rate $110 Construction Management, Construction Engineering and Inspection (CEI) Construction Inspector I/II Construction Inspector III Senior Construction Inspector Construction Superintendent Construction Manager $135 $150 $185 $220 $270 $120 Senior Construction Manager Construction Records Keeper Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier of 1.10. *Rates shown are for 2023 and are subject to change in subsequent years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies. Page 6 49 50 51 52 53 54 BUREAU VERITAS NORTH AMERICA, INC. STANDARD PROFESSIONAL SERVICES AGREEMENT This STANDARD PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this____10th__ day of ___October_______, 2023, by and between Bureau Veritas North America, Inc., (“BVNA”), and the Town of Trophy Club, Texas, (“Client”). These Terms and Conditions govern the work to be performed by Bureau Veritas North America, Inc. (“BVNA”), as specified in the proposal prepared by BVNA of which these Terms and Conditions are a part thereof. WHEREAS, the Client desires that BVNA provide independent professional services for Client under the terms of a Standard Professional Services Agreement; WHEREAS, BVNA represents that it is a professional independent consulting firm and is willing and able to perform such services upon terms and conditions hereinafter set forth; WHEREAS, all services will be conducted in accordance with these terms and conditions and the agreed upon Scope of Services and Fee Schedule the forms of which are attached as Attachments “A” and “B” respectively. NOW, THEREFORE, in consideration of the foregoing and of the benefits to each of the parties accruing, the parties hereto do mutually agree as follows: AGREEMENT 1. Initiation of Services: During the term of this Agreement, Client may call upon BVNA to perform specific work from the scope to be defined per project in accordance with the agreed upon fees. Individual projects may be delineated via a specific proposal in accordance with the terms and conditions set forth in this Agreement. BVNA agrees to furnish services in conformity with the terms hereof and the following documents which are incorporated by reference and made a part hereof. No subsequent amendment to this Agreement shall be binding on either BVNA or Client unless reduced to writing and signed by an authorized Representative of BVNA and Client. Any pre-printed forms including, but not limited to: purchase orders, shipping instructions, or sales acknowledgment forms of either party containing terms or conditions at variance with or in addition to those set forth herein shall not in any event be deemed to modify or vary the terms of this Agreement. 2. Scope of Services: BVNA shall provide its services at the time, place, and in the manner specified in the proposal. 3. Term. This Agreement shall remain in effect from the effective date of the Agreement unless terminated by written notice to the other party at least thirty (30) days prior to termination. Fees may be adjusted annually. 4. Time of Performance: The services of BVNA are to commence upon execution of this Agreement and shall continue until all authorized work is completed. BVNA shall use commercially reasonable best efforts BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 1 of 32 55 in performing services under these Terms and Conditions, and the Companion Documents (“Agreement”). Companion Documents shall mean any documents accompanying BVNA’s Proposal, including but not limited to the Scope of Work, Fee Schedules or any other Exhibits specific to the project. BVNA shall not be responsible for failure to perform its services if i) there is a failure or delay by Client or its contractors in providing BVNA with the necessary access to properties, documentation, information, or materials; ii) Client or its contractors fail to approve or disapprove BVNA’s work; or iii) if Client causes delays in any way whatsoever. In any of these events, BVNA’s time for completion of its service shall be extended accordingly. BVNA shall not be responsible for failure to perform if such failure is due to any act of God, labor trouble, fire, inclement weather, act of governmental authority, failure of transportation, accident, power failure or interruption, or any other cause reasonably beyond BVNA’s control. In any of these events, BVNA’s time for completion of its services shall be extended accordingly. 5. Compensation: Compensation to be paid to BVNA shall be in accordance with the Schedule of Fees set forth in accordance with the agreed upon fee schedule per project. 6. Method of Payment: BVNA shall submit monthly billings to Client describing the work performed during the preceding month. Client shall pay BVNA no later than thirty (30) days after receipt of the monthly invoice by Client’s staff. If the invoice is not paid within such period, Client shall be liable to BVNA for a late charge accruing from the date of such invoice to the date of payment at the lower of eighteen (18) percent per annum or the maximum rate allowed by law. Further, if the invoice is not paid within such period, BVNA may, at any time, and without waiving any other rights or claims against Client and without thereby incurring any liability to Client, elect to terminate performance of services immediately following written notice from BVNA to Client. Notwithstanding any such termination of services, Client shall pay BVNA for all services rendered by BVNA up to the date of termination of services plus all interest, termination costs and expenses incurred by BVNA. Client shall reimburse BVNA for all costs and expenses of collection, including reasonable attorney’s fees. For work requiring a construction permit to be issued, the total fee will be billed when the permit is issued by the Jurisdiction. 7. Construction Monitoring: If BVNA is engaged by Client to provide a site representative for the purpose of monitoring specific portions of any construction work, as set forth in the proposal, then this Section 7 shall apply. If BVNA’s engagement does not include such construction monitoring, then this Section shall be null and void. In connection with construction monitoring, BVNA will report observations and professional opinions to Client. BVNA shall report to Client any observed work which, in BVNA’s opinion, does not conform to plans and specifications. BVNA shall have no authority to reject or terminate the work of any agent or contractor of Client. No action, statements, or communications of BVNA, or BVNA’s site representative, can be construed as modifying any agreement between Client and others. BVNA’s presence on the Project site in no way guarantees the completion or quality of the performance of the work of any party retained by Client to provide construction related services. Neither the professional activities of BVNA, nor the presence of BVNA or its employees, representatives, or subcontractors on the Project Site, shall be construed to impose upon BVNA any responsibility for methods of work performance, superintendence, sequencing of construction, or safety conditions at the Project site. Client acknowledges that Client or its general contractor is solely responsible for job site safety, and warrants and agrees that such responsibility shall be made evident in any Project owner’s agreement with the general contractor. Client also agrees to make BVNA an additional insured under any general contractor’s General Liability insurance policy. Prior to the commencement of the Work, Client shall provide BVNA with a certificate of insurance evidencing the required insurance. Such certificates shall be issued by an insurance carrier(s) acceptable to BVNA and shall be endorsed to include: (1) BVNA as additional insured; (2) thirty (30) days prior written notice of cancellation or material change in any of the coverages; and (3) a waiver of subrogation as to BVNA. Each policy of insurance required shall be written by an insurance company with a minimum rating by A.M. Bests & Company of A-VI. This insurance shall be primary to any insurance available to BVNA. In the event BVNA expressly assumes any health and safety responsibilities for hazardous materials or other items specified in this Agreement, the acceptance of such responsibility does not and shall not be deemed an acceptance of responsibility for any other BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 2 of 32 56 health and safety requirements, such as, but not limited to, those relating to excavation, trenching, drilling or backfilling. 8. Ownership of Documents: All plans, studies, documents and other writings prepared by BVNA, its officers, employees and agents and subcontractors in the course of implementing this Agreement shall remain the property of the Client. The Client acknowledges that all intellectual property rights related to the performance of the Agreement, including but not limited to the names, service marks, trademarks, inventions, logos and copyrights of BVNA and its affiliates, (collectively, the “Rights”) are and shall remain the sole property of BVNA or its affiliates and shall not be used by the Client, except solely to the extent that the Client obtains the prior written approval of BVNA and then only in the manner prescribed by BVNA. If BVNA terminates the Agreement in accordance with the provisions of Article 29 below, any such license granted by BVNA to the Client shall automatically terminate. BVNA may, however retain one archival copy of all reports delivered to Client and of all working papers necessary to support BVNA’s analysis, conclusions or recommendations. 9. Use of Data or Services: BVNA shall not be responsible for any loss, liability, damage, expense or cost arising from any use of BVNA’s analyses, reports, certifications, advice or reliance upon BVNA’s services, which is contrary to, or inconsistent with, or beyond the provisions and purposes set forth therein or included in these Terms and Conditions, or in the Companion Documents. Client understands and agrees that BVNA’s analyses, reports, certifications and services shall be used solely by the Client, and only Client is allowed to rely on such work product. If a third party relies on the services, analyses, reports or certifications without BVNA’s written permission, then Client agrees to defend and indemnify BVNA from any claims or actions that are brought as a result of such reliance. 10. Independent Contractor: It is understood that BVNA, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the Client. BVNA shall obtain no rights to retirement benefits or other benefits which accrue to Client’s employees, and BVNA hereby expressly waives any claim it may have to any such rights. 11. Standard of Care:BVNA REPRESENTS THAT THE SERVICES, FINDINGS, RECOMMENDATIONS AND/OR ADVICE PROVIDED TO CLIENT WILL BE PREPARED, PERFORMED, AND RENDERED IN ACCORDANCE WITH PROCEDURES, PROTOCOLS AND PRACTICES ORDINARILY EXERCISED BY PROFESSIONALS IN BVNA’S PROFESSION FOR USE IN SIMILAR ASSIGNMENTS AND PREPARED UNDER SIMILAR CONDITIONS AT THE SAME TIME AND LOCALITY. CLIENT ACKNOWLEDGES AND AGREES THAT BVNA HAS MADE NO OTHER IMPLIED OR EXPRESSED REPRESENTATION, WARRANTY OR CONDITION WITH RESPECT TO THE SERVICES, FINDINGS, RECOMMENDATIONS OR ADVICE TO BE PROVIDED BY BVNA PURSUANT TO THIS AGREEMENT. 12. Indemnity: Subject to the Limitation of Liability included in this Agreement, BVNA shall indemnify and hold harmless Client, its employees, officers, and agents from and against losses, liabilities, and reasonable costs and expenses (for property damage and bodily injury, including reasonable attorney’s fees), to the extent directly and proximately caused by BVNA’s negligent performance of services or breach of warranty under this Agreement. BVNA shall not be obligated to defend the Client until there is an actual finding of negligence or if the parties agree otherwise. To the extent allowed by law, Client shall defend, indemnify and hold harmless BVNA, its employees, directors, officers, and agents, from and against claims, losses, liabilities, and reasonable costs and expenses (including reasonable attorney’s fees) that are: i) related to, or caused by the negligence or willful misconduct of Client, its employees, or agents; ii) related to this Agreement or the work to be performed by BVNA for which BVNA is not expressly responsible; or iii) the expressed responsibility of the Client under this Agreement. City shall not be obligated to defend BVNA until there is an actual finding of negligence or if the parties agree otherwise. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 3 of 32 57 13. Insurance: BVNA, at BVNA’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies with insurers possessing a Best’s rating of no less than A:VII: a.Workers’ Compensation Coverage: BVNA shall maintain Workers’ Compensation and Employer’s Liability Insurance for its employees in accordance with the laws of the state where the services are being performed. Any notice of cancellation or non-renewal of all Workers’ Compensation policies will be sent to the Client in accordance with the policy provisions. b. c. General Liability Coverage: BVNA shall maintain Commercial General Liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Automobile Liability Coverage: BVNA shall maintain Automobile Liability insurance covering bodily injury and property damage for activities of BVNA employee arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. d.Professional Liability Coverage: BVNA shall maintain Professional Errors and Omissions Liability for protection against claims alleging negligent acts, errors or omissions which may arise from BVNA’s services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis. BVNA shall name Client as additional insured and other parties that it deems appropriate to be additionally insured under BVNA’s Commercial General Liability policy and Automobile Liability policy, if requested to do so by Client. The Client, on its own behalf and on the behalf of any others that are named as additionally insured at Client’s request, agrees that providing such insurance or the additional insured endorsement shall in no way be construed as an assumption by BVNA of any liability for the negligence or willful misconduct or any wrongful behavior on the part of Client or others that are named additionally insured. 14. Consequential and Punitive Damages: Neither BVNA nor Client shall be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to the other party, or to any third party. No punitive or exemplary damages of any kind shall be recoverable against either party under any circumstances. 15. Cause of Action: The prevailing party in any actions brought to enforce the terms of this Agreement shall be entitled to the recovery of reasonable attorney’s fees. 16. Compliance with Laws: BVNA shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinance and regulations in effect as of the date services are provided. 17. Resolution of Disputes: All claims, disputes, controversies or matters in question arising out of, or relating to, this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, except those disputes which arise out of or are related to collection matters or fees alone under this Agreement, (collectively “Disputes”) shall be submitted to mediation before and as a condition precedent to pursuing any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, Client and BVNA shall select a neutral mediator by mutual agreement. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 4 of 32 58 or unwilling to serve and a replacement mediator cannot be agreed upon by Client and BVNA within ten (10) calendar days, a mediator shall be chosen as specified in the Mediation Rules of the American Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree. Should either party to this Agreement commence any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorney’s fees. 18. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. Venue shall lie in Denton County, Texas. 19. Releases: All lien releases will be limited to payment issues; no additional terms and conditions may be added to a release of lien. 20. Waiver of Jury Trial: Each party waives its right to a jury trial in any court action arising between the parties, whether under this Agreement or otherwise related to the work being performed under this Agreement. 21. Third Party Beneficiary: It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the Client and BVNA. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the Client and BVNA that any such person or entity, other than Client or BVNA, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary. 22. Written Notification: Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc., shall be addressed to the other party at the address set forth in the proposal. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to Client: If to BVNA: With cc to: Town of Trophy Club Attn: Matt Cox 1 Trophy Wood Dr. Trophy Club, TX 76262 Bureau Veritas North America, Inc. Attn: Contract Processing 1000 Jupiter Road, Suite 900 Plano, TX 75074 Bureau Veritas North America, Inc. Attention: Legal Department 1601 Sawgrass Corporate Parkway, Suite 400 Fort Lauderdale, FL 33323 23. Confidential Information: Neither party shall disclose information identified as confidential to anyone except those individuals who need such information to perform the Services; nor should either party use such confidential information, except in connection with the Work, the performance of the Services or as authorized by the other party in writing. Regardless of the term of this Agreement, each party shall be bound by this obligation until such time as the confidential information shall become part of the public domain. Confidential information shall not include information which is either: (i) known to the public; (ii) was known to the receiving party prior to its disclosure; or (iii) received in good faith from BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 5 of 32 59 a third party. If either party is required to produce information by valid subpoena or Court order, parties agree to first provide prompt notice to other party in order to allow the party to seek a protective order or other appropriate remedy. This shall not prevent either party from disclosing information to the extent reasonably necessary to substantiate a claim or defense in any adjudicatory proceeding or to the extent that Client’s City Attorney or the Texas Attorney General determines that such disclosure is required by the Texas Public Information Act or other applicable law. Client agrees that BVNA shall be permitted to use Client's name and logos in BVNA’s marketing materials unless advised or prohibited against it by the Client in writing. 24. Assignment: Neither party may assign this Agreement or any right or obligation hereunder without the prior written consent of the other party, which shall not be unreasonably withheld or delayed; provided, however, that no consent shall be necessary in the event of an assignment to a successor entity resulting from a merger, acquisition or consolidation by either party or an assignment to an Affiliate of either party if such successor or Affiliate assumes all obligations under this Agreement. Any attempted assignment, which requires consent hereunder, shall be void and shall constitute a material breach of this Agreement if such consent is not obtained. 25. Non-Solicitation/Hiring of Employees: (a)To promote an optimum working relationship, the Client agrees in good faith that for the term of this Agreement and one year after the completion or termination of the Agreement not to directly or indirectly employ or otherwise engage any current employee of BVNA or any former employee of BVNA who left the employ of BVNA within the six (6) months prior to and including the date of the execution of the Agreement. The loss of any such employee would involve considerable financial loss of an amount that could not be readily established by BVNA. Therefore, in the event that Client should breach this provision and without limiting any other remedy that may be available to BVNA, the Client shall pay to BVNA a sum equal to the employee’s current annual salary plus twelve (12) additional months of the employee’s current annual salary for training of a new employee as liquidated damages. (b)BVNA’s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay BVNA’s legal expenses, administrative costs and fees pursuant to BVNA’s then current fee schedule for BVNA to respond to any subpoena. 26. Prevailing Wage: This Agreement and any proposals hereunder specifically exclude compliance with any project labor agreement or other union or apprenticeship requirements. In addition, unless explicitly agreed to in the body of the proposal, this Agreement and any proposals hereunder specifically exclude compliance with any State or Federal prevailing wage law or associated requirements, including the Davis Bacon Act. Due to the professional nature of its services BVNA is generally exempt from the Davis Bacon Act and other prevailing wage schemes. It is agreed that no applicable prevailing wage classification or wage rate has been provided to BVNA, and that all wages and cost estimates contained herein are based solely upon standard, no-prevailing wage rates. Should it later be determined by the Client or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circumstance. These exclusions shall survive the completion of the project and shall be merged into any subsequently executed documents between the parties, regardless of the terms of such agreement. Client will reimburse, defend, indemnify and hold harmless BVNA from any liability resulting from a subsequent determination that prevailing wage regulations cover the Projects, including all costs, fines and reasonable attorney’s fees. 27. Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 28. Amendments: This Agreement may be modified or amended only by a written document executed by both BVNA and Client. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 6 of 32 60 29. Entire Agreement: This Agreement, the Attachment A- Scope of Services, and Attachment B- Fee Schedule constitute the complete and exclusive Agreement between the Client and BVNA. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by these documents. 30. Termination: This Agreement may be terminated immediately for cause or by either party without cause upon fifteen (15) days written notice of termination. Upon termination, BVNA shall be entitled to compensation for services performed up to the effective date of termination. (a)Termination by Client: If the Client terminates this agreement without cause, the Client shall have two options concerning work and assignments that are in-progress. The Client shall select from: (1) Allowing BVNA the opportunity to complete all work and assignments in-progress that may be completed by another provider after the effective date of BVNA’s termination; or (2) Providing BVNA with a complete and unconditional release from any and all liability and indemnification requirements regarding all work and assignments that remain in-progress upon BVNA’s termination effective date. In the event that Client is silent on termination or does not make an affirmative selection, option (2) providing BVNA with a complete and unconditional release from any and all liability and indemnification requirements will be the default and active selection. (b)Termination by BVNA: If BVNA terminates without cause, BVNA will provide client with a thirty (30) day transition period from the notice of termination to allow Client sufficient time to secure a new Service Provider. During this transition period, BVNA and Client’s responsibilities under this agreement will remain in full force and effect. At the end of the thirty (30) day transition period BVNA will cease all activities. In the event Client shall request BVNA to continue to provide any Services beyond the expiration of the transition period, including any extensions, then BVNA and Client may negotiate in good faith terms of any such extension, including the pricing of Services. 31. Force Majeure. A delay in, or failure of, performance of either party hereto shall not constitute a default hereunder or give rise to any claim for damage if and to the extent such delay or failure is caused by (an) occurrence(s) beyond the reasonable control of the party affected, including, but not limited to, act(s) of God, or the public enemy, expropriation or confiscation of facilities or compliance with any order or request of governmental authority or person(s) purporting to act therefore affecting to a degree not presently existing the supply, availability, or use of engineering personnel or equipment, act(s) of war, public disorder(s), insurrection(s), rebellion(s), or sabotage, flood(s), riot(s), strike(s), or any cause(s), whether or not of the class or kind of those specifically named above, not within the reasonable control of the party affected, and which, by the exercise of reasonable diligence, said party is unable to prevent. A party who is prevented from performing for any reason shall immediately notify the other party in writing of the cause of such non- performance and the anticipated extent of the delay. 32. Audit. Client shall have the right during the course of the Work and until one (1) year after acceptance of the Services to audit BVNA's books and records relating to the costs to be reimbursed pursuant to Article 3. BVNA shall, during the progress of the Services, provide Client with evidence of payment for and records of receipt of materials, supplies and equipment as they become available and are presented for payment, together with such other data as Client may reasonably request. 33. Interpretation of Agreement: This Agreement shall be interpreted as though prepared by all parties and shall not be construed unfavorably against either party. 34. Severability of Agreement: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the laws of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected and shall remain in full force and effect. [signatures on following page] BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 7 of 32 61 IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above and the Attachments following the signatures below. BUREAU VERITAS NORTH AMERICA, INC.CLIENT Signature: Name: Title: Signature: Name: Title: Date:Date: Address: Telephone: Email: Address: Telephone: Email: DTQR Date BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 8 of 32 62 ATTACHMENT A SCOPE OF SERVICES CONSTRUCTION CODE SERVICES BVNA and the representatives of BVNA are charged with the enforcement of the provisions of the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, acting in good faith and without malice in the discharge of the duties required by these codes or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. Plan Review Non-Structural Plan Review services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction. Inspections Inspection services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code. Special inspections as specified in chapter 17 and non-prescriptive structural inspections of the adopted International Building Code are not included and may be required as specified in the International Building Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction. FIRE SERVICES Fire Services Plan Review Commercial, Multi-Family and Single Family Fire Sprinkler System Plan Review, Commercial Fire Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage Tank Plan Review shall be conducted as required by the Jurisdiction’s Fire Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Fire Services Inspections Commercial, Multi-Family and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 9 of 32 63 Jurisdiction is the final interpretive authority. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Annual Fire Safety Inspections Annual Fire Safety Inspections will be conducted in accordance with the Jurisdiction’s Fire Code for commercial establishments and public buildings subject to an annual operation permit. Fire Code Plan Review Services and Inspection Services Site and building Plan Review and Inspection services shall be conducted as required by the Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority. HEALTH SERVICES BVNA will have an exclusive agreement with Client to ensure compliance with the provisions of the Jurisdiction’s Adopted Food Establishment Ordinance. In absence of said ordinance, the provisions of Title 25 Texas Administrative Code Chapter 228, regarding the regulation of food establishments, known as the Texas Food Establishment Rules (TFER), will be enforced. The Texas Administrative Code (TAC), Standards for Public Pools and Spas, Chapter 265, Subchapter L will be enforced for public swimming pools and spas. BVNA services include the following per permitted installation: • • • • • • • Review plans for compliance with the applicable laws and rules required. Perform inspections to determine compliance with the applicable laws and rules required. Inspections will be performed by a Texas Registered Sanitarian Update or create the required Health forms. Web-based project tracking of Health permits. Provide written report of any deficiencies. Investigation of complaints on permitted facilities. The Client will have final interpretive authority over all plans, specifications and inspections and is charged with the issuance of all permits and certificates of occupancy. PUBLIC WORKS SERVICES Upon receipt of written Notice to Proceed from Client, BVNA will provide Inspection services relative to Public Works Services as outlined below to verify conformance with approved plans, specifications and local ordinances provided by Client. Inspections Inspection services include, but are not limited to: making site observations, writing correction notices and field reports, attending meetings and answering inquiries in person or by telephone. Plan Review Plan Review services include but are not limited to: verification of plan compliance with adopted public works standards, attendance at pre-plan design meetings and follow up on design issues. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 10 of 32 64 Technical Support BVNA will be available for pre-construction or field site meetings and will provide field staff for observation purposes as needed. PLANNING AND MAPPING SERVICES Comprehensive Planning and Mapping services shall be provided as outlined below. Base Mapping •BV shall prepare a corporate area base map, which shall show at least the features (a) through (k) below: a) Highway and street rights-of-way; b) Highway designations and street names; c) All major drainage ways; d) Major bodies of water; e) Block and lot lines for all platted subdivisions as available; f) Property lines within unplatted subdivisions as available; g) The width of all major utility easements; h) Railroad rights-of-way; i) All subdivisions and their names; j) Corporate limits; k) Other major facilities or features to include but not necessarily limited to: 1. Major park and recreation areas and facilities; 2. Water Treatment plants; 3. Sewage Treatment plants; 4. Extraterritorial jurisdiction line, as appropriate; and 5. Other significant features. Housing Inventory, Analysis and Plan • • BV shall prepare a housing conditions inventory, analysis and plan. BV shall develop criteria to be used in the classification of building conditions and formulate definitions for each classification. As a minimum, the four following classifications shall be utilized within the study: a) Standard, b) Minor Deteriorating, c) Major Deteriorating, and d) Dilapidated. • • BV shall perform an assessment of the exterior of all residential buildings within the city to determine the physical condition of each building or structure. BV will record vacant and abandoned residential units as the assessment is being made. BV shall use the base map to create a Housing Conditions Map depicting all housing conditions as inventoried and showing all housing and its classification as defined by the developed criteria. • • BV shall conduct an analysis of housing data to determine problems and housing needs of the current and prospective population. BV shall prepare a goal(s) statement and annual housing related objectives. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •BV shall identify future implementation actions and probable costs, both public and private, to be taken annually over the next three to five years. These activities shall result in the preparation of an overall program design for housing related activities. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 11 of 32 65 Population • • • • BV shall compare census data of the locality from 1960 to present. BV will provide number of persons in each of the sex, race and Hispanic origin categories. BV shall determine existing population estimates of the locality by occupied dwelling units. A realistic assessment of the locality's existing population shall be made by reliable methods. BV shall estimate the locality's future population by five-year increments for the next fifteen to twenty years based on existing trends. BV will use the base map for illustrative purposes a Population Distribution Map showing the existing and projected population distribution for the planning period. Land Use Inventory, Analysis and Plan •BV shall assess and inspect each plot, tract and parcel of land within the project area to determine its use. The project area should include the city's extraterritorial jurisdiction (ETJ). BV shall use categories in classifying land uses shall include, as a minimum, the following: a) Vacant (vacant developed or vacant undeveloped); b) Agriculture (cultivated and range land - five or more acres); c) Residential (single family, two family, multi-family, manufactured and mobile homes); d) Commercial; (retail and services); • e) Industrial; (light and heavy); f) Public and Semi-Public (schools, parks and public buildings); and g) Other such additional or subcategories as may be deemed necessary to accurately reflect the existing pattern of land areas. • • BV shall prepare a color-coded Existing Land Use Map of the corporate and ETJ area using the base map. Colors should conform to standard code. BV shall make a tabulation of the existing land uses to show: a) Total acreage by use; b) Percentage of acreage in each land use; c) Acres per 100 persons, or other standard for comparison purposes; and d) Developed and undeveloped land as a percent of the total land. BV will make an analysis of the community regarding past and potential developments and will report on factors affecting the development of land, such as those below: a) Occupied dwelling units; • b) Existing land use; c) Thoroughfares d) Existing and anticipated population; e) Soil characteristics as related to developments; f) Adequacy of public utilities; g) Adequacy of public facilities; h) Storm drainage problem areas; i) Natural and man-made constraints. •BV shall prepare a goal(s) statement and annual land use related objectives and, using the base map at, BV shall prepare a color-coded Future Land Use Map to illustrate the future physical development of the locality during the planning period. B. Economic Development 1. Historic Development And General Characteristics •Studies and plans being prepared under this contract should be coordinated with previously developed studies and plans, including any available with the appropriate state office, the regional planning council, etc. •BV shall make a review and analysis of the factors which have contributed to the present development of the planning area to include the following: Development of the economy; Physical growth of the community; The relationship of the community to the region. • • • BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 12 of 32 66 2. Economic Base, “Barrier Analysis" •BV will prepare an inventory of the social, economic, governmental, and industrial elements of the area's development and potential. The inventory shall, to the extent possible, examine the number of people employed in the retail trade, manufacturing, construction and government, the dollar volume of various local employers, and employee income levels. The inventory shall, as a minimum, include, but need not be limited to, the following, as available and appropriate: a) Retail facilities; b) Wholesale facilities; c) Service facilities; d) Financial facilities; e) Manufacturing facilities; f) The physical facilities and rates for the following utilities and communication services: 1. Electric; 2. Water; 3. Natural gas; 4. Sewage and garbage disposal; g) Transportation; h) Quantity, quality and availability of raw materials; i) Labor supply by sex, industry, and skills; j) Available industrial sites and buildings to include: 1. Location; 2. Utility connections; 3. Transportation; 4. Availability. • • BV will determine to the extent possible the relationship of the elements inventoried to economic development potential. A "barrier analysis" shall be prepared which rates the following cost factors and operating condition factors, as appropriate. The ratings shall be assigned based on a comparison with regional, state, and/or national standards. a) Cost Factors: 1. Wage levels (g) Land/site costs 2. Electricity costs (h) Local property taxes 3. Fuel costs (i) Financing costs 4. Water costs (j) State costs 5. Sewer costs (k) Other(s), as appropriate 6. Building costs b) Operating Condition Factors: 1. Unskilled labor supply (k) Availability of air service 2. Skilled labor (l) Vocational education facilities 3. Productivity (m) Site availability 4. Unionization (n) School facilities 5. Labor-management relations (o) Medical services 6. Electric power availability (p) Natural features, resources, geography, etc. 7. Water and sewer availability (q) Others, such as, telecommunications, 8. Gas availability aesthetics, community receptivity, laws, 9. Common motor carrier service community organizations, debt, etc. 10. Rail/freight service c) BV shall determine whether the city should use other standards and analysis tools in addition to those above to derive an alternative comparison. d) BV shall coordinate with community leaders and draw some conclusions as a result of the inventory and analysis required above; and, BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 13 of 32 67 e) Determine whether the pattern of economic growth should be altered. f) BV shall suggest what type of policies and/or codes should be implemented to improve conditions for the encouragement of economic opportunities and local business expansion and attraction. 3. PLAN •BV shall develop an economic development plan with goals and objectives. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. • • The implementation strategy should focus on private and public investment and resources. The plan shall include graphics, if appropriate, and shall suggest a response to the inventory and analysis above and provide appropriate or possible: a) Public/private sector projects and their costs; b) Financing sources and incentives; and c) Changes to policies, codes and ordinances that could improve the economic climate. C. Central Business District 1. Commercial Area Inventory •BV shall make an assessment of the Central Business District (CBD) that should include its area of immediately adjacent influence to include but not necessarily limited to the following: a) The existing land use of the Central Business District; b) Street rights-of-way and pavement widths, where applicable; c) Locations and condition of sidewalks, curbs and gutters; d) On and off-street parking; e) Condition of buildings; f) Location of traffic controls by types; and g) Traffic volumes and turning movements for major streets, where available; h) Physical geographic features of the community that could have a positive or negative effect on the integrity of the CBD. • • BV shall show the above inventory on a symbol-coded map. BV shall prepare a drawing to show the relationship of the CBD to other supportive and competitive development within the community. 2. Analysis BV shall analyze the findings above and should determine:• a) The Central Business District and its relationship to community development to determine if improvements or rearrangement of commercial facilities are needed; b) A ratio of existing and projected commercial acreage; c) A ratio of used and vacant commercial floor area in the central business district; and d) Other significant details and their impact on the vitality of the central business district as they become evident during the course of the study. 3. Central Business District Plan • • BV shall prepare a goal(s) statement and annual Central Business District related objectives. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •In relation to recognized problems, goals and objectives, BV shall prepare recommendations that could improve the aesthetic values and physical integrity of the Central Business District considering possible: a) Improvement to facades and alleyways; b) Pedestrian walkways; c) Landscape treatment of street medians, pedestrian ways and rest areas; and/or d) Removal of obsolete buildings and overhead utility lines. •BV shall prepare a Central Business District Plan to graphically illustrate the redevelopment of the area in relation to the formulated goals and objectives. The Central Business District BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 14 of 32 68 • • Plan map(s) shall, as a minimum include but not necessarily be limited to: a) Any necessary rearrangement of land uses to improve compatibility; b) Any necessary building relocation or reorientation in order to improve their usefulness; and c) On and off-street parking areas. BV shall present phased improvements, estimated costs and sources of funding. D. Street System 1. Street Study •BV shall make an inventory of the physical characteristics of the street system to record, but not necessarily be limited to the following: a) Rights-of-way widths, as available; b) Paving widths, types and condition of pavement; c) Curb and gutter and/or borrow (roadside) ditches; d) Other information concerning configuration, traffic flow, and street conditions, including possible impediments to traffic flow, particularly in an emergency situation, as appropriate and/or available. • • Data and information from the Texas Department of Transportation shall be used to the maximum extent feasible. Using the base map for illustrative purposes, BV shall prepare a Street Conditions Map showing the existing street system inventory. 2. Street System Analysis •BV shall make an analysis of the street system and list and rank problems and should present possible alternative actions and costs in providing solutions. •BV shall determine the adequacy of the system to meet existing and forecasted needs, including during emergency situations, and make recommendations for any needed improvements concerning configuration, traffic flow, and street conditions. Recommendation should prepare for contingencies, including planning evacuation routes. 3. Street Plan •BV shall prepare a goal(s) statement and street-related objectives for the planning period and should include construction-related and policy–related recommendations regarding streets’ improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. • • Using the base map BV shall prepare a Future Street Conditions Map. The plan shall provide for the elimination of deficiencies and recommended improvements to meet forecasted needs. Improvements shall be in accordance with accepted municipal standards and shall be shown by phases. E. Thoroughfare System 1. Inventory Of Major And Collector Streets •BV shall prepare standards or criteria to determine the definition for major and collector streets and shall include the information in the narrative section of the study. BV shall conduct a study of major and collector streets to determine the present condition of these streets within the planning area. The study should include but not necessarily be limited to: • a) Peak hour and average daily traffic counts, where available; b) Right-of-way widths; c) Paving widths, types and condition of pavement; d) Traffic control data; e) Parking restrictions; BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 15 of 32 69 f) Curb and gutter; g) Origin and destination information, where available; h) Land use and traffic generator information; i) Truck routes; and, j) Emergency routes. • • Information from prior studies, the county, Texas Department of Transportation and other available sources shall be used to the maximum extent feasible. Using the base map for illustrative purposes, BV shall prepare a Thoroughfare Conditions Map to show b. (1) through (9), above, as applicable. 2. Thoroughfare Analysis •BV shall list and rank problems related to the thoroughfares system. •To determine the size and quality of streets needed in the project area, an analysis shall be made for all major and collector streets, their locations, adequacy or inadequacy for existing and forecasted population, land uses, etc. As a minimum, the following should be considered, where appropriate: a) Texas Department of Transportation traffic counts, local traffic habits, and other factors; b) Circulation studies prepared previously; and c) Street standards approved by the locality and State. 3. Thoroughfare Plan •BV shall prepare a goal(s) statement and thoroughfare system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding thoroughfare system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. •In relation to the analysis of existing and anticipated land use, school and park locations, travel habits, employment centers, traffic generators, traffic volumes; and in coordination with plans of the Texas Department of Transportation, and other available studies, BV shall prepare a plan for a system of thoroughfares, major and collector streets to meet the future circulation needs of the planning area. • • Using the base map at its contracted scale for illustrative purposes, BV shall show phased improvements on a Future Thoroughfares Map. BV will prepare sketch plans for improved channeling of traffic at intersections where problems exist or are anticipated during if needed. F. Water System 1. Water System Inventory •BV shall make a review of all prior studies and other available data on the existing water system. •BV shall make an inventory of the physical characteristics of the system to include, but not necessarily be limited to the following: a) Location of lines, valves, fire hydrants, and line sizes; b) location and capacity of ground and elevated storage facilities; c) Location and capacity of wells and pumps; d) Location and capacity of water treatment facilities, as appropriate; e) Location and capacity of generators; f) Condition of system elements and other system data, as available. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 16 of 32 70 • • Using the base map for illustrative purposes, BV shall prepare a Water System Map showing existing facilities as specified in the inventory required above. Mapping shall show all facilities and illustrate the entire area that the facilities serve. BV shall report appropriate standards and criteria used to determine the water system needs and include them in the narrative section of the report, including the name of publications where standards can be found. Reference shall be made to the existing and required Drought Contingency and Water Conservation Plan. 2. Water System Analysis •BV shall make an analysis of the water system and list and rank problems and should present possible alternative actions and costs in providing solutions, while particularly considering the water system’s ability to provide reliable service, including fire protection within state standards during drought conditions. As a minimum, the following should be considered in determining problems connected with the water system: a) Water quality; b) Storage facilities; c) Availability of water; future needs; d) Water pressure; e) Water costs to city; f) Water cost to customers and review of current and g) Operation procedures. Distribution lines; Ability to function under disaster situations, such as, flood, fire, tornado, power outages, etc. BV shall determine the adequacy of the system to meet existing and forecasted needs. BV shall evaluate the local system’s capability to provide water under drought and other disaster-related conditions and in regard to its drought contingency and water conservation plan and accepted conservation practices. • • • • •BV shall evaluate the local system’s capability to provide water, including during drought and other disaster-related conditions, and coordinate with the Regional Water Plan and the State Water Plan, where applicable. 3. Water System Plan •BV shall prepare a goal(s) statement and water system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding water system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. • • The studies and plans developed shall be in strict accord with criteria established by the Texas Commission on Environmental Quality (TCEQ), Texas Water Development Board (TWDB), and the Texas Department of Insurance. As much as is applicable, appropriate and possible during the contract period and in coordination with TCEQ, which requires drought management plans, BV shall include drought and conservation plans in its overall water system plan. The plans should also include consideration of water provision during other disaster situations, such as flood, fire, tornado, power outages, etc. •Using the base map for illustrative purposes, BV shall illustrate the existing and proposed water system and findings on a Future Water System Map. Recommended improvements shall be shown by phases. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 17 of 32 71 G. Wastewater System 1. Wastewater System Inventory • • BV shall make a review of all information regarding the existing wastewater system. BV shall make an inventory of the physical characteristics of the system to include, but not necessarily limited to the following: a) Location, condition, and size of lines as available; b) Location of manholes and cleanouts; c) Location and capacities of lift stations; d) Location and capacity of generators; e) Treatment facility and operation arrangement. • • Using the base map for illustrative purposes, BV shall prepare a Wastewater System Map showing the existing facilities in relation to topographic features. BV shall report standards or criteria used to determine wastewater system needs and include the criteria in the narrative section of the report with the name of the publication(s) where standards can be found. 2. Wastewater System Analysis •BV shall list and rank problems related to the wastewater system and should present possible alternative actions and costs in providing solutions. As a minimum, the following should be considered in determining problems of the wastewater system: a) Infiltration; b) Industrial waste and special treatment facilities; c) Operational procedures; d) Unserved areas; e) Characteristics of the soil and terrain affecting collection treatment; f) Ability to function under disaster situations, (flood, fire, tornado, power outages, etc.). 3. Wastewater System Plan •BV shall prepare a goal(s) statement and wastewater system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding wastewater system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. • • Using the base map for illustrative purposes, BV shall prepare a Future Wastewater System Map illustrating phased improvements to the wastewater system in relation to the existing system and topographic features. Such prepared plan shall be done in accordance with criteria and standards established by the Texas Commission on Environmental Quality (TCEQ). H. Storm Drainage System 1. Storm Drainage Inventory •BV shall conduct an assessment of the project area for any existing storm drainage facilities and all natural drainage courses to include as a minimum: a) Location and condition of drainage ways; b) Location and condition of curb and gutter, borrow (roadside) ditches, culverts, and storm sewers; c) Location of 100 years flood hazard areas; and d) Identification of areas within the community where local flooding has occurred. Using the base map for illustrative purposes, BV shall prepare a Storm Drainage Map showing the existing facilities in relation to topographic features. • BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 18 of 32 72 2. Storm Drainage Analysis •BV shall list and rank problems related to storm drainage and should present possible alternative actions and costs in providing solutions. •BV shall prepare an analysis of the existing drainage system for both natural and man-made facilities. Major and minor drainage areas and areas that have experienced flooding shall be delineated. •Drainage characteristics of the areas shall be briefly described and analysis shall be made to determine methods of eliminating local flooding and eroding of local streets. Data, as available through the National Flood Insurance Program of the Federal Emergency Management Agency, shall be utilized to the fullest extent possible. 3. Storm Drainage Plan •BV shall prepare a goal(s) statement and storm drainage-related objectives for the planning period and should include construction-related and policy–related recommendations regarding storm drainage improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a) Priorities; b) Estimated costs; and c) Sources of possible funding. •Using the base map for illustrative purposes, BV shall prepare a Future Storm Drainage Map illustrating phased improvements related to storm drainage in relation to the existing conditions and topographic features. I. Recreation And Open Space 1. Recreation And Open Space Inventory •BV shall take an inventory of the community's existing parks, recreation facilities and open spaces to include but not necessarily be limited to the following: a) Location, type and use of public parks; b) Location and type of public recreation facilities, including public school facilities; c) Open spaces of all types including boulevards, parkways, floodplains, conservation areas, etc. • • BV shall identify the service area of the parks and recreational opportunities it provides. Review and report on recreational facilities and open spaces serving the community's population, but outside the municipality's jurisdiction. •Review and report on major recreational facilities serving the community's population that are privately or semi-publicly owned and operated. 2. Recreation And Open Space Analysis •In coordination with city officials, BV shall establish level of service standards and criteria for determining adequacy of existing parks, recreational facilities and open space and future requirements. • • • BV shall utilize workshops, hearings and/or canvasses to maximize opportunities to solicit public input on needs and document the dates of the methods used. BV shall describe the legitimate method for assessing needs. Explain how public input was used to assess needs. In consonance with the recommended standards, BV shall make a study and analysis to determine the adequacy of the existing parks and recreational facilities to meet the needs of the present and forecasted population, considering population growth, and change in composition. •BV shall prepare a listing and priority ranking of problems relating to recreation facilities and open spaces. Explain how priorities were determined. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 19 of 32 73 3. Recreation Facilities And Open Space Plan •In cooperation with municipal agencies, BV shall determine specific goals relating to recreation and open space requirements and prepare short and long-range (five and ten years’) objectives to accomplish the stated goals. •In relation of existing facilities, recognized problems, and in consonance with goals and objectives, BV shall prepare a parks and open space plan. The plan shall contain appropriate text and mapping and shall, as a minimum, include: a) Recommendations for improvements and expansion to existing facilities; b) Recommendations for the general location of new facilities; c) Recommendations for the development and protection of open space areas to include conservation areas and other areas endorsed with natural beauty; and d) Recommendations toward coordinating municipal programs and facilities with other overlapping services within the community, such as school facilities, etc. e) Population projections for the period of the plan and demographics on ethnicity, age, and income. f) The existing and proposed parks (and facilities, as appropriate), greenbelts and open spaces illustrated on the base map at its contracted scale. Recommended community improvements for the first five years shall be programmed and shall, as a minimum, include the following: • a) Phasing of clear and measurable priorities; b) Timeline for completion; c) Estimated cost by project; and d) Possible sources of funding. J. Capital Improvements Program 1. Financial Analysis •BV shall make a financial analysis of the municipality to the extent possible to determine the municipality's approximate ability to finance present and future capital improvements. The study should include, but not be limited to the following: a) Past, present, and anticipated sources and amounts of income; b) Annual budgets; c) Operating costs; d) Direct and overlapping public debt; e) Outstanding municipal bonds and their schedule of retirement; f) Public improvements financing practices; and g) Recommended standards concerning debt limitations. 2. Capital Needs List •Based on the previous studies, and all capital needs, BV shall prepare a capital needs list of projects by category with general priorities for improvements to be accomplished during the planning period through workshop meetings with local officials. BV shall classify the type of capital improvements according to guidelines, such as: a) Mandatory: Those which protect life or health. b) Necessary: Those which are important public services. c) Desirable: Those which replace obsolete facilities. d) Acceptable: Those which reduce operating costs. 3. Capital Improvements Program •In consonance with the capital needs list and in coordination with the city’s budget, BV shall prepare a schedule of projects recommended for the municipality for the first five (5) to six (6) years of the planning period. The schedule shall list projects by category together with estimated cost, sources of funds and year of construction. •A map shall be prepared to show the projects by type and year of construction. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 20 of 32 74 K. Subdivision Ordinance 1. Ordinance Development •BV shall prepare technical material necessary for the drafting and/or updating of a subdivision ordinance that will best be adapted to direct the platting of land consistent with proposals of the previously prepared Land Use Plan. The technical material prepared shall be based on sound platting and planning principles and not be inconsistent with all applicable laws. • 2. Ordinance Review •Following development of the technical material and prior to adoption, BV shall seek counsel and advice from the city's attorney regarding the legal aspects and implications of subdivision controls. •BV shall prepare the technical material for the subdivision ordinance in a form suitable for its adoption and submit it in report form to the Department as provided herein. L. Zoning Ordinance 1. Ordinance Development •BV shall prepare technical material necessary for the drafting of zoning ordinance that will best be adapted to direct the use of land consistent with proposals of the city's previously prepared Land Use Plan. Technical material on zoning shall be based on sound zoning principles and not be inconsistent with all applicable laws, Based on the Land Use Plan and other plans related to physical development of the municipality, BV shall have prepared a Zoning District Map using the base map. • • 2. Ordinance Review •Following development of the technical material and prior to adoption, BV shall seek counsel and advice from the city's attorney regarding the legal aspects and implications of zoning. The technical material on zoning and the recommended zoning district map shall be prepared in report form suitable for adoption. • Current Planning Activities Zoning Application and request reviews and analysis • • • • Property owner information within 200 feet of site application can be mapped and mailing labels provided. Public notice can be submitted to the newspaper of record for publication and necessary documentation for agenda item posting can be provided. Letters of notification with map can be mailed and site signage (By City) can be placed on the property 15 days prior to the Commission meeting date. Zoning Ordinance based upon owner request will be prepared. (Recommended ordinance wording can be provided). • • An analysis/staff report can be prepared for city from a planning perspective. Presentations for the Planning and Zoning Commission can be prepared and presented. • • Presentations for the City Council can be prepared and presented. Adjustments to the Comprehensive Plan and zoning map can be made if approved. Site Plan Applications and request reviews and analysis* • • Review of application for general completeness for accepting site plan for review.* Review for compliance with appropriate general zoning district or planned development. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication with applicant can be facilitated. • • • Review for compliance with landscape requirements. Review of circulation/fire lanes. An analysis/staff report can be prepared for city from a planning design perspective. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 21 of 32 75 • • Presentations for the Planning and Zoning Commission can be prepared and presented. Presentations for the City Council can be prepared and presented. Preliminary Plat Applications and reviews •Review of application for general completeness for accepting for review. ** Rejection letter if necessary to stop 30-day clock for automatic approval. Review for compliance with appropriate general zoning district or planned development guidelines. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication with applicant can be facilitated. An analysis/staff report can be prepared for city approval/denial recommendation. Presentations for the Planning and Zoning Commission can be prepared and presented. • • • •Presentations for the City Council can be prepared and presented. Final Plat Applications and reviews •Review of application for general completeness for accepting for review. ** Rejection letter if necessary to stop 30-day clock for automatic approval. Review of conformance to preliminary plat. Review for compliance with appropriate general zoning district or planned development guidelines. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication between applicant and BV can be facilitated. • • • • An analysis/staff report can be prepared for city approval/denial recommendation. Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. Base Map/Zoning Map Updating: • • • Preparation of new digital base map. Updating existing base map. Updating or preparing zoning maps. 911 Addressing •Development of a 911 addressing system (Digital base map to be provided by city or prepared by BV). •Address all new developments *Preliminary consultations can be provided to an applicant upon request to assist and guide them in the plan preparation process. **If not available BV will develop checklists for each type of development to be used to check for minimum submittal requirements of an application. ADA SERVICES PHASE 1 ADA Services Phase 1A: ADA Coordinator and Department Liaison Selection and Training •Scope: Assist City with identifying an ADA Coordinator if not already done so. Work with appointed ADA Coordinator to identify ADA Liaisons, at a minimum, for all public facing departments (i.e. Permitting, Water Utility, Library, Parks & Rec., Police, Fire, etc…). Help ADA Coordinator develop training material for distribution to all ADA Liaisons. Also assist ADA Coordinator to develop a master schedule for quarterly, bi-annual or annual meetings between ADA Coordinator and ADA Liaisons (ADA Task Force). BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 22 of 32 76 Phase 1B: ADA Notice Development and Distribution •Scope: Assist appointed ADA Coordinator with development of ADA Notice specific to the City represented. Ensure that all ADA notices are displayed at public facing and internal facing areas. Ensure that ADA notice is also placed on city website. Phase 1C: ADA Grievance Procedure Development and Distribution •Scope: Assist appointed ADA Coordinator with development of ADA Grievance Procedure. Develop complaint form and make complaint form accessible. Ensure that procedure includes ability for complainants to access and file complaints easily. Ensure that grievance procedure is available on city website and accessible. Phase 1D: ADA Training at Staff Level Public Facing Departments •Scope: Once ADA Coordinator and ADA Liaisons are identified, develop a training schedule to allow public facing department staff to attend ADA training. Assist ADA Coordinator with one training session. Assist with development of training materials. PHASE 2 ADA Services IMPORTANT: Sample of Tasks & Costs Only – Client Specific Tasks & Costs TBD Phase 2A: ADA Self-Evaluation •Scope: o Task 1 – Project Management: Bureau Veritas (BV) will maintain project records, budgets, and communication during the project duration. BV will provide weekly project update calls to assigned City staff (ADA Coordinator) to keep schedule current. o Task 2 – Project Kickoff: Meet with City staff to introduce the proposed project tasks, schedule, and method of prioritizing barrier removals. Coordinate with City staff to identify and collect necessary documents to support Self-evaluation process and facilities survey. o Task 3 – Initiate Self-evaluation: . . . 3A: Meet with major public facing departments ADA Liaisons (Parks & Rec., Police, Fire, Codes & Permitting, Public Works, Library, Health) to begin review ordinances, policies, and procedures of programs, services, and activities. 3B: Provide instructions and handouts to ADA Liaisons and describe how they can perform reviews of item 3A and by what scheduled date the reviews are due back to BV for compiling. 3C: Work with ADA Liaisons to ensure they understand their responsibilities to update the final ADA Transition Plan in future years. o Task 4 – Facilities Survey: . . . 4A: Public buildings – Survey three (3) City buildings (City Hall, Court House, and Library) to determine compliance and non-compliance with ADA regulations. 4B: Public parking lots – Survey three (3) public parking lots (City Hall, Court House, and Library) to determine compliance and non-compliance with ADA regulations. 4C: City parks – Survey up to three (3) city parks to review shelters, restrooms, sport courts, fields, pools, concession stands, playground equipment, pedestrian and bicycle trails. .4D: Signalized intersections – Survey up to fifteen (15) city owned and maintained signalized intersections. BV will evaluate curb ramps and sidewalks leading to each BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 23 of 32 77 intersection. Signage at each intersection will also be reviewed. Which intersections to survey depends on City staff input, traffic volumes, and adjacent land uses. 4E: Sidewalks – Survey up to four (4) miles of City sidewalks, curb ramps, and path of travel along arterial roadways. Which City sidewalks, curb ramps, and path of travel to survey depends on City staff input, traffic volumes, pedestrian use, and adjacent land uses. . o Task 5 – Survey Data Reporting: .5A: BV will create a survey and cost reporting for each facility noted in Task 4. Each survey report will note compliance status with ADA and State standards and include the following: • • • • Listing of facilities in compliance. Listing of facilities not in compliance. Recommended actions to resolve non-compliance elements. Prioritize list of recommended actions based on agreed upon methodologies between BV and City staff. •Assign conceptual costs and budget based on prioritized list of recommended actions. • • Provide photo log of each facility surveyed. Provide listing of sidewalks, curb ramps, and signalized intersections data for compiling into City GIS system. .5B: Review City Boards and Commissions policies and procedures for compliance with ADA regulations. Phase 2B: ADA Transition Plan •Scope: o Task 1 – Coordinate with ADA Coordinator on strategy for developing Transition Plan including review of City ordinances, design standards relating to sidewalks, curb ramps, Identify policies and procedures for compliance with ADA regulations. o Task 2 – Develop survey process to assist ADA Coordinator with evaluating accessibility improvements identified in Phase 2A: ADA Self-evaluation. Utilize prioritization methodology developed within Phase 2A for recommended improvements. o Task 3 – Assist ADA Coordinator in creating an implementation schedule for accessibility improvements. Prioritize improvements by facility type, severity, and cost estimates. o Task 4 – Review and recommend exceptions and exemptions that may apply under ADA regulations such as historic significance, alteration affecting fundamental nature of programs, services, and activities, structural feasibility, and programs affected by financial and administrative burden. o Task 5 – Assist ADA Coordinator with defining on-going budget needed to implement the Transition Plan and bring non-compliance elements into compliance. Help identify possible external funding sources if applicable. Phase 2C: Public Participation, Outreach, and City Staff Training •Scope: The Department of Justice requires public entities to engage with the public during the ADA Transition Plan development including appropriate consultation with individuals with disabilities. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 24 of 32 78 o Task 1 – BV will facilitate one (1) public workshop for the City to review draft ADA Self- evaluation and ADA Transition Plan. o Task 2 – BV will prepare outreach materials and prepare brief summary of the workshop and highlight actions items. o Task 3 – Conduct ADA Coordinator and Liaisons training relating to disabilities etiquette, technologies, and procedures that can assist City staff in providing services to people with disabilities. Phase 2D: Meetings, Presentation to Council, and Documentation •Scope: o Task 1 – Progress Meetings: BV will conduct up to three (3) on-site meetings during the project period. Other meetings can be conducted by conference calls with ADA Coordinator and Liaisons. o Task 2 – City Council Meeting: BV will conduct one (1) meeting to introduce the project to Council and present the final ADA Self-evaluation and ADA Transition Plan. o Task 3 – Summary Documents: Provide meeting minutes after on-site meetings or conference calls to help guide ADA Coordinator and Liaisons. o Task 4 – Draft ADA Self-evaluation and ADA Transition Plan: Based on the ADA Self- evaluation process as detailed on Phase 2A, the documents will include the following: . . . 4A: Executive summary describing the project purpose, process, and significant findings. 4B: Review of policies, procedures, and recommendations for improvement as noted in Phase 2A. 4C: A schedule that is developed in phases with cost estimates for the removal of accessibility barriers that cannot be resolved through changes to program or services by relocating, using auxiliary aides, or providing equivalent facilitation. 4D: BV will provide reproducible hard copies of the ADA Self-evaluation and ADA Transition Plan and electronic PDF format to the City ADA Coordinator for use and distribution. . o Task 5 – Final ADA Self-evaluation and ADA Transition Plan: Following the review of the draft plans as noted in Task 5, BV will incorporate comments and prepare final plans for ADA Coordinator use and distribution. o Task 6 – Final Deliverables: . . 6A: Two (2) paper copies each of Draft ADA Self-evaluation and ADA Transition Plan. 6B: Two (2) paper copies of Final ADA Transition Plan and one (1) PDF copy including any appendices. .6C: One (1) electronic GIS copy of all field data compatible with City GIS system. HYGIENE SAFETY EXCELLENCE BVNA has launched a certification label based on health measures to accompany the resumption of activity in various industries, both private and public. The Hygiene Safety Excellence Certification program assists with reopening facilities and services. Our partnership with the Cleveland Clinic provides clear guidance and ensures confidence for both internal employees and the public as programs and services resume. This certification program includes the following five phases. All phases may be selected or individual phases may be selected to match the needs requiring assistance and BVNA will assist accordingly. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 25 of 32 79 I.CONSULTING: Build a detailed Hygiene Safety Excellence (Guide) for prevention and safety. II.TRAINING AND COMMUNICATION: Create and administer communication/training kits for good hygiene practices for all employees (optional collaboration initiatives between Client marketing and BV marketing to promote hygiene safety). III. IV. V. INITIAL AUDIT: Complete initial audit and reporting of hygiene protocols and operational requirements (optional surface testing if requested). HYGIENE SAFETY EXCELLENCE LABEL: Apply for Hygiene Safety Excellence Certification (and install Certification label). SURVEILLANCE: Continue ongoing auditing and testing in order to comply with the Hygiene Safety Excellence (Guide). BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 26 of 32 80 ATTACHMENT B FEE SCHEDULE CONSTRUCTION CODE SERVICES Fee Table 1 - Commercial and Multi-Family construction plan review Valuation Fee $1.00 to $10,000.00 $50.00 $70.69 for the first $10,000.00 plus $5.46 for each additional $1000.00$10,001.00 to $25,000.00 $152.59 for the first $25,000.00 plus $3.94 for each additional $1000.00$25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up $251.09 for the first $50,000.00 plus $2.73 for each additional $1000.00 $387.59 for the first $100,000.00 plus $2.19 for each additional $1000.00 $1,263.59 for the first $500,000.00 plus $1.85 for each additional $1000.00 $2,188.59 for the first $1,000,000.00 plus $1.23 for each additional $1000.00 Fee Table 2 - Commercial and Multi-Family construction inspection Valuation Fee $1.00 to $10,000.00 $76.92 $108.75 for the first $10,000.00 plus $8.40 for each additional $1000.00$10,001.00 to $25,000.00 $234.75 for the first $25,000.00 plus $6.06 for each additional $1000.00$25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up $386.25 for the first $50,000.00 plus $4.20 for each additional $1000.00 $596.25 for the first $100,000.00 plus $3.36 for each additional $1000.00 $1,940.25 for the first $500,000.00 plus $2.85 for each additional $1000.00 $3,365.25 for the first $1,000,000.00 plus $1.89 for each additional $1000.00 Fee Table 3 - Construction or Improvement of a Residential Dwelling New Residential Construction Plan Review and Inspection Fee Square Footage (S.F.)Fee 0 - 1,500 S.F.$785.00 $785.00 for the first 1,500 S.F. plus $0.35 for each additional S.F. to and including 10,000 S.F. $3,760.00 for the first 10,000 S.F. plus $0.15 for each additional S.F. over 10,000 S.F. 1,501 - 10,000 S.F. Over 10,000 S.F. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 27 of 32 81 Plan Review Only Plan Review Fee Only $200.00 per Plan or per Address $150.00 per Plan or per Address Per Dwelling Unit, a new plan for previously reviewed plan or Master Plan Plan review fee when a permit has been issued for the dwelling and the construction plans are altered such that an additional plan review is required (excludes new plan) Alterations / Additions / Improvements for Residential Construction Trade Permits Fee Building, Mechanical, Electrical, Plumbing, Fuel Gas and similar Other project types not listed above $100.00 per trade $160.00 per trade Miscellaneous residential projects such as, but not limited to, Accessory Structures, Fences, Pools, etc. See Fee Table 2  All fees billed upon issuance of the permit by the jurisdiction Back-up inspections  Backup inspections will be performed during times of inspector absence due to illness, vacation or training at the listed rates. All other project activity will utilize the tables above. Single Family Residential $76.92 per address/building Commercial and non-Single Family Residential $125.00 per address/building/unit FIRE SERVICES Single Family Residential Fire Services Fire Code Plan Review Services $175.00 $400.00Fire Code Inspection Services Fire Code Plan Review Services - Commercial and Multi-Family construction (Fire Alarm System & Fire Sprinkler System) Valuation Fee, Each System Less than $6,250 $200.00 $300.00 $425.00 $550.00 $800.00 $1,200.00 $6,250 to $250,000 $251,000 to $500,000 $501,000 to $1,000,000 $1,001,000 to $3,000,000 $3,001,000 to $6,000,000 $6,000,000 and up $1,200.00 plus $0.38 for each additional $1,000.00 Fire Code Inspection Services - Commercial and Multi-Family construction (Fire Alarm System & Fire Sprinkler System) Valuation Fee, Each System Less than $6,250 $300.00 $425.00$6,250 to $250,000 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 28 of 32 82 $251,000 to $500,000 $525.00 $675.00$501,000 to $1,000,000 $1,001,000 to $3,000,000 $3,001,000 to $6,000,000 $950.00 $1,425.00 $6,000,000 and up $1,425.00 plus $0.38 for each additional $1,000.00 Valuation is based on construction valuation for project Fire Underground Fire Code Plan Review $200.00 $250.00Fire Code Plan Inspection Fire Extinguisher Suppression System Per permit, one Inspection Each re-inspection $450.00 $100.00 Fire Certificate of Occupancy Inspections Fire Certificate of Occupancy inspections Annual Fire Safety Inspections $150.00 Day Care, Foster Home, Commercial Business (each inspection and re-inspection per location) Nursing Home / Assisted Living / School $100.00 $250.00 (each inspection and re-inspection per location) Underground / Aboveground Fuel Storage Tanks Fire Code Plan Review $350.00 $450.00Fire Code Inspection Site Plan Fire Code Plan Review $250.00 $250.00Fire Code Plan Inspection The construction valuation is determined by the greater of the declared valuation of the project or the valuation calculated using the International Code Council Building Valuation Data table, first update of each calendar year. Example: Square Foot Construction Costs Group (2018 International Building Code)IA IB IIA IIB IIIA IIIB IV VA VB B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08 The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. New Building BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 29 of 32 83 Group B occupancy Type VB construction 10,000 square feet total building area Declared construction valuation $1,200,000. Calculated construction valuation - 10,000 square feet X $136.08 per square foot = $1,360,800. The calculated construction valuation is greater than the declared construction valuation so $1,360,800 is used to calculate the Bureau Veritas fee for the project. * Note: BVNA fees do not include any taxes, licensing or other fees imposed by governmental or outside agencies. HEALTH SERVICES PER INSPECTION ONLY: Food Service Inspections - Per each inspection $150.00 • • • • Permanent Food Establishment Inspection Mobile Food Vendor (Hot and Cold Truck) Inspection Seasonal Vendor Inspection Public Swimming Pool Inspection Temporary Event Inspection - Per each permit Complaint Investigation - Per each complaint $100.00 $150.00 Consultation outside of the aforementioned scope of services: Health Plan review, Health Final and CO inspections and/or for each re-inspection. Minimum one hour $150.00 per hour PUBLIC WORKS SERVICES Public Works Plan Review Only Public Works Inspection Only Public Works Plan Review & Inspection Temporary Back Up Inspection 1.0% of the cost of construction 2.5% of the cost of construction 3.0% of the cost of construction $150/hour, minimum 4 hours. PLANNING AND MAPPING SERVICES Fixed Fees (Based on estimated population in $/1,000 people, minimum 5,000 people) Comprehensive Planning and Mapping Cost / 100 Item Elements people Min. Hours Base Planning a. Base Map* b. Land Use c. Population 1 2 3 4 d. Housing+D45 Parks & Recreation Thoroughfare Plan $2,000 $750 $750 67 25 25 42Central Business District Planning $1,250 (fixed fee) $6,500 (fixed fee) $6,500 $700 5 Zoning Ordinance 43 6 7 8 Subdivision Ordinance Streets Condition Study Water Study Distribution and Supply 43 23 33$1,000 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 30 of 32 84 9 Wastewater Collection and Treatment Capital Improvement Plan Digital Map preparation* $1,000 $300 $1,000 $1,250 33 10 33 42 10 11 12 Citizen Participation As a minimum Item 1 and 12 must be included in any study except Item 11 which is a standalone element * Assume easy access to documents - additional research listed under additional services Hourly Fees Available Planning Services Element Cost Site Plan Review $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $1,000 per Site Plan Preparation Zoning Application Review SUP Application Review Zoning Board of Adjustment Application Review Sign Application Review Zoning Case Ordinance Preparation Plat Review - Planning Perspective Public Hearing Notice map and ownership list (City Mails) Zoning Map Updates 911 Address mapping (First Time) 911 Address mapping updates City Council/Planning and Zoning Meeting Contract Planning Director person Min. 33 hours $150 per hour (1 hour minimum) $225 per hour (1 hour minimum) $175 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) $150 per hour (1 hour minimum) Contract Planner Contract work for Developer interests Easement Acquisition Negotiator Additional Services * Assume easy access to documents - additional research listed under additional services Reimbursable Expenses ($150 per hour) Reimbursable expenses shall include, but not be limited to, the following: Mileage (Per current IRS rate) Domestic Travel Per Diem (Per current GSA rate plus lodging) Other Direct Project Expenses (at cost plus 15%) including: • Printing, graphics, photography and reproduction • Special shipping BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 31 of 32 85 ADA SERVICES Grand Total for Phase 1 Scope of Work Phase 2 Details Number of Hours Rate per Hour Sub-total $6,000.001A – ADA Coordinator & Liaisons Selection & Training 1B – ADA Notice Development & Distribution 1C – ADA Grievance Procedure Development & Distribution 40 40 40 $150.00 $150.00 $150.00 $6,000.00 $6,000.00 1D – ADA Training of City Staff of Public Facing Depts. Grand Total: 56 $150.00 $8,400.00 $26,400.00176 (1.5 wks) Grand Total for Phase 2 Scope of Work Phase 2 Details Number of Hours 576 Rate per Hour Sub-total 2A – ADA Self-evaluation 2B – ADA Transition Plan 2C – Public Participation, Outreach, and City Staff Training $150.00 $150.00 $150.00 $86,400.00 $14,400.00 $6,000.00 96 40 2D – Meetings, Presentation to Council, and Documentation 168 $150.00 $25,200.00 Grand Total:880 (5.5 mos.) $132,000.00 Note that any additional services above and beyond the scope of work noted above will incur additional fees which BV can review and provide cost estimates to accommodate the City. HYGIENE SAFETY EXCELLENCE Service(s)Related Fee(s) Protocol(s) Client Specific (One-time fee) Client Specific Consulting – Hygiene Safety Excellence Protocol (Guide) eLearning platform and sector specific modules $1,250 per man day $15 per user, plus • One-time setup cost $500 • Optional custom portal per unique module / department function ($2,000) $1,450 estimate per Facility* Pricing available for review $195 estimate per Facility Physical Audit Surface Testing (optional)** Certification Client Specific Client Specific Client Specific *The fee for a larger-sized building may be a higher fee than the estimated Fee shown in the Table. BVNA will propose a fee per facility. **BVNA recommends 10 surface tests per property of random surfaces of service counters, etc. BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 32 of 32 86 87 88 89 90 91 92 PURCHASE REQUISITION FORM Requisition Number Department IT Project# Date :10/1/2023 Vendor (Name & Address)Delivery Address Forvis, LLP 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number 01-611-60200 15-951-60200 16-370-60200 Description Quantity Unit Amount Total Amount Annual Auditing Services Annual Auditing Services Annual Auditing Services 1 1 1 54,800.00 5,000.00 4,000.00 $ $ $ $ $ 54,800.00 5,000.00 4,000.00 - - $ $ - - Co-op info:$- Total $63,800.00 Budgeted? (Must Circle One)Yes or No Explanation (if not budgeted:) Comments: Department Requestor: Finance: Department Approval: Town Manager: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department.9/21/2023 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 QUOTE-2347289 Trophy Club TCFD APX8000XE and Accessories 2 09/25/2023 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote(“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner toanyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 135 QUOTE-2347289 09/25/2023 RE: Motorola Quote for TCFD APX8000XE and Accessories 2 Dear Donnie Hurd, Motorola Solutions is pleased to present Trophy Club with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide Trophy Club with the best products and services available in the communications industry. Please direct any questions to Cody Cross at codycross@callmc.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Cody Cross Motorola Solutions Manufacturer's Representative 136 QUOTE-2347289TCFD APX8000XE and Accessories2 Quote Date:09/25/2023 Expiration Date:11/06/2023 Quote Created By: Cody Cross codycross@callmc.com End Customer: Trophy Club Donnie Hurd dhurd@trophyclub.org 6822372941 Contract: 22918 - TX DIR Line #Item Number APX™ 8000 Series H91TGD9PW6AN APC Description APX8000XE Qty List Price Sale Price Ext. Sale Price 1 0579 0579 0579 0579 APX 8000 ALL BAND PORTABLE MODEL 2.5 10 10 10 10 $11,526.32 $8,463.89 $84,638.90 1a 1b 1c Q806CB Q361AN Q667BB ADD: ASTRO DIGITAL CAI OPERATION ADD: P25 9600 BAUD TRUNKING ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US ONLY) 1d QA02006AC 0579 ENH: APX8000XE RUGGED RADIO 10 1e 1f QA00580AA Q58AL 0579 0185 ADD: TDMA OPERATION 10 10ADD: 3Y ESSENTIAL SERVICE 1g 1h 1i H38BS 0579 0579 0579 ADD: SMARTZONE OPERATION 10 10 10 QA01427AG QA09113AB ALT: APX8000/XE HOUSING GREEN ADD: BASELINE RELEASE SW Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 137 QUOTE-2347289TCFD APX8000XE and Accessories2 Line # 2 Item Number PMNN4486A APC 0453 Description Qty 6 List Price $188.27 Sale Price Ext. Sale Price BATT IMPRES 2 LIION R IP67 3400T $141.20 $847.20 3 PMMN4107C 0372 AUDIO ACCESSORY- REMOTE SPEAKER 10 $594.00 $445.50 $4,455.00 MICROPHONE,XE500 REMOTE SPKR MIC WITHOUT CHANNEL KNOB, HIGH IMPACT GREEN Grand Total Notes: $89,941.10(USD) ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax,sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added toinvoices. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 MFP Budgetary Proposal May 1st, 2023 165 Agenda Why Canon Solutions America Equipment Configuration Budgetary Pricing Proposal 166 WHY CANON SOLUTIONS AMERICA – Financially Stable Ranked #1 in the Total A3 Copier/MFP Office Market 26 of the last 27 years Financially stable company with our own leasing arm, Canon Financial Services 167 WHY CANON SOLUTIONS AMERICA – Local S . . . . Working with 16 State and Local Governments in DFW Metro. We understand Local Government ver Local sales team dedicated to State and Local Governments document workflow processes. Local Distribution Center in Irving (of 12 in the US) – a huge benefit to our customers in DFW. Tech team dedicated to a 50-mile radius around DFW – with a customer satisfaction rating of over 95 Johannes L Account Ex State & Loc Cell 469-92 Email jlin@csa.canon.com Rodrick Byers Manager, Major Account Sales Office 214.257.7310 Email robyers@csa.canon.com Philip Fleming Director, Branch Sales Office 682.213.1472 Email pfleming@csa.canon.com 168 WHY CANON SOLUTIONS AMERICA – Most Reliable Brand •Many awards for imageRUNNER ADVANCE including Keypoint Intelligence Buyers Lab Inc.’s Most Reliable Brand (https://www.usa.canon.com/business/why-canon) 169 WHY CANON SOLUTIONS AMERICA – Service Tools & Support 170 INNOVATIVETECHNOLOGY IN 2022 among Japanese companies#1 #5 overall in the U.S.for the 18th straight year. In 2022, Canon Inc. was once again ranked, for the 37th consecutive year, in the TOP 5 in the U.S. for number of patents granted. Source: United States Patent and Trademark Office 171 myCSA SECURE ACCOUNT MANAGEMENT ANYTIME. ANYWHERE. ANY DEVICE. ORDER SUPPLIES ONLINE INVOICE & PAYMENTS FLEET MANAGEMENT Available day, 7 da from any s Easily order tone View, download,Easily access a detailed overview of all your media status, toner status, and service alerts. toner-inclusive o Services con and track s Easily downlo Microsoft Exce the data as BUSI INTELL DASHB SER SUP ME READ Access information on your device fleet, invoicing, orders, and service requests. Request service online, and view the status of active service requests and past service requests. Enter meter readings individually or for multiple devices, receive email alerts, and monitor monthly usage. 172 173 Proposed Solutions: • Canon IRA DXC5850i: 50-PPM (Color & B&W), 3,250-Sheet Staple Finisher w/ 2/3-Hole Punch, Two 550-sheet Cassettes up to 12x18, One 2,450-sheet High-Capacity Cassettes 8.5x11, Fax, Scan Speed up to 270-ipm at 2-Sided, Built-in Data Security McAfee Embedded Control, and ESP Surge Protector. Note: This replaces Koycera TaskAlfa 5053ci (Admin) • Canon IRA DXC5840i: 40-PPM (Color & B&W), 550-sheet Inner Finisher staples up to 50 sheets, Two 550-sheet Cassettes up to 12x18, One 2,450-sheet High-Capacity Cassettes 8.5x11, Fax, Scan Speed up to 270-ipm at 2-Sided, Built-in Data Security McAfee Embedded Control, and ESP Surge Protector. Note: This replaces Koycera TaskAlfa 5053ci (Police Dept.) • uniFlow: One- uniFlow One Print and Scan (Admin Dept.) and One-uniFlow Image Processing: Scan-to-Laserfiche (Admin Dept.), Implementation Service and Training. BUDGETARY PRICING PROPOSAL – Equipment Lease and Maintenance • • • • • • • • Includes 4,500 pages B&W (@ $0.005) and 9,000 pages Color (@ $0.038). Includes all parts, labor, and all supplies (Auto-Toner). Includes A $500-check to reimburse the returning two Kyocera copiers to the leasing company. 90-Day Deferred Lease: 7/1/23 – 9/30/27 (1st payment due on 10/01/23). Invoiced monthly by Canon Financial Services with one (1) invoice for both lease and service. Guaranteed FIXED lease and service rates for the duration of the lease term. Proposal via OMNIA National 2023. Includes delivery, installation, and training. 48-month Fair Market Value Lease $0 Down: $1,006 / month 174 THANK YOU! © 2021 Canon Solutions America, Inc. All rights reserved. 175 Proposal for Fire Department October 2nd, 2023 176 Proposed Solutions for Fire Department: • Canon IRA DXC5840i: 40-PPM (Color & B&W), 550-sheet Inner Finisher staples up to 50 sheets, One 550-sheet Cassette (8.5x11), One 550-sheet cassette (up to 12x18), One 2,450-sheet High-Capacity Cassette (8.5x11), Fax, Scan Speed up to 270-ipm at 2-Sided, Built-in Data Security McAfee Embedded Control, and ESP Surge Protector. BUDGETARY PRICING PROPOSAL – Equipment Lease and Maintenance • • • • • • • Includes 2,000 pages B&W (@ $0.005) and 2,000 pages Color (@ $0.038). Includes all parts, labor, and all supplies (Auto-Toner). Co-Term with Existing Lease. Invoiced monthly by Canon Financial Services with one (1) invoice for both lease and service. Guaranteed FIXED lease and service rates for the duration of the lease term. Proposal via OMNIA National 2023. Includes delivery, installation, and training. 48-Month Fair Market Value Lease $0 Down: $307.75 / month 177 THANK YOU! © 2021 Canon Solutions America, Inc. All rights reserved. 178 PURCHASE REQUISITION FORM PO Number Date : 10/2/2023 Department Communication Project#Vendor (Name & Address) Civic Plus, LLC 302 South 4th Street, Suite 500 Manhattan, KS 66502 Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Description Quantity Unit Amount Total Amount 16-370-60800 16-370-60800 16-370-60800 16-370-60800 16-370-60800 16-370-60800 Ultimate Department Header Annual Fee Platinum Hosting & Security Annual Fee Forms Encryption Annual Fee Recurring Redseign Annual Fee Renewal AudioEye Managed Annual Fee Civic Engage Annual Fee Civic Rec Annual Software Licensing / Renewal Civic Clerk - Annual Fee 1 1 1 1 1 1 1 1 1,436.13 6,199.31 3,444.06 6,424.41 4,591.91 410.07 $ $ $ $ $ $ $ $ 1,436.13 6,199.31 3,444.06 6,424.41 4,591.91 410.07 4,500.00 17,752.95 4,500.00 17,752.95 Co-op info:$- Total $44,758.84 Vendor Packet Updated______________________________________________________________________________________________________ This PO covers all fees for the www.trophyclub.org website and addition of exploretrophyclub.org components. These costs come from HOT/Software and Support. Comments Requested by:Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. 179 Invoice #269469 10/1/2023 PO # Updated Remittance Address:(FOR PAYMENTS ONLY)CivicPlus LLCPO Box 737311Dallas TX 75373-7311 Bill To TOTAL DUE Trophy Club1 Trophy Wood Dr.$4,500.00Trophy Club TX 76262 Due Date: 10/31/2023 Terms Due Date PO #Approving Authority Net 30 10/31/2023 Qty Item Start Date End Date 1 1 CivicRec annual software licensing. CP Pay Annual Fee Renewal 10/1/2023 10/1/2023 9/30/2024 9/30/2024 Total Due $4,500.00 $4,500.00 Please submit payment via ACH using the details below. Please send notification of ACH transmission via email toaccounting@civicplus.com. Bank Name JPMorgan Chase Account Name CivicPlus LLC Account Number 910320636 Routing Number 021000021 180 RENEWAL ESTIMATE DATE:October 4, 2023 REMITTANCE ADDRESS (FOR PAYMENTS ONLY) CivicPlus Mailing Address: CivicPlus 302 S 4th St PO Box 1572 Manhattan, KS 66502 Manhattan, KS 66505 P 888-228-2233 ext 291 F 785-587-8951Bill To: Town of Trophy Club 1 Trophy Wood Dr. Trophy Club, TX 76262 Renewal Dates: 6/27/2024- 6/26/2025 This estimate is provided to you as a best faith approximation of the annual fees for your next renewal period. It is subject to change based on contract amendments and any activity that occurs before the start of your next renewal period. A formal invoice will be sent per contractual terms. Description Qty Amount 1.00 1.00 1.00 1.00 $ $ $ $ 1,436.13 6,199.31 3,444.06 6,424.41 Ultimate Department Header Annual Fee: Visit Platinum Hosting & Security per domain (must be Forms Encryption Annual Fee (also requires Platinum Hosting CivicPlus Website Annual Fee for Hosting and Support. AudioEye Man Annual Fee Re 48 Month Red 181 182 183 Amy Vikander Senior VP of Customer Service 7/27/2023 184 185 186 7/27/2023 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 PURCHASE REQUISITION FORM PO Number Department Project# Date : 10/1/2023 PD/FD Vendor (Name & Address) Denton County/ Technology Services Denton County Auditor Delivery Address 1Trophy Wood Drive Trophy Club, TX 76262 1 Courthouse Dr, Ste 2000 Denton, TX 76208 Account Number 01- 940-349-4500 Description Quantity Unit Amount Total Amount Police CAD/RMS Maintenance Fees and Optional for FY 2023-2024.$ $ $ $ - - Police Dispatch Fund Code: 01-251-66500 Fire Dispatch Fund Code: 01-255-66500/ 01-256-66500 1 1 46,306.00 11,243.00 46,306.00 11,243.00 Approved Communication Agreement by Council on April 25, 2023 $ $ $ $ $ - - - - Total 57,549.00 Comments Requested by:Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 TOWN COUNCIL COMMUNICATION REGULAR MEETING DATE: October 9, 2023 FROM: Ronnie Angel, Interim Director of Parks and Recreation AGENDA ITEM: Discuss and take action on the Trophy Club Community Pool Project, Phase II BACKGROUND/SUMMARY: This item was originally presented to the Town Council on November 8, 2022, with the council voting unanimously to approve the project in two (2) phases. Phase one (1) replaced the pumps, fixed a leak in pool, updated the lockers and made improvements in the office/concession room areas. Phase two (2) will add slides and create a party room that can be used for rentals all year. BOARD REVIEW/CITIZEN FEEDBACK: Staff presented the capital improvement project to the Parks and Recreation Board on August 21, 2023; the Board approved the project to move forward as presented and provided direction for staff to take the project to the Town Council. FISCAL IMPACT: Funding for this project was allocated as part of the Certificates of Obligation, Series 2021 bonds issued to the Town. This project was presented to the council as part of the CIP plan presented at the July 26, 2022, council meeting. LEGAL REVIEW: N/A ATTACHMENTS: PowerPoint Presentation from Halff ACTION/OPTIONS: Move to approve / deny agenda item as presented 402 TOWN OF TROPHY CLUB COMMUNITY POOL AND SPLASH PAD RENOVATION 403 WHAT WE WOULD LIKE TO SHARE WITH YOU TODAY A.SITE PLAN B.BUDGET C.PROPOSED IMPROVEMENTS 404 SITE PLAN 405 GRAND TOTAL $3,972,309 BUDGET PHASE ONE Concession / Restroom / Office Renovation Upgrade / Replace Old Pool Equipment New Equipment Enclosures $1,195,590 PHASE TWO New Slide Tower and Plunge Pool New Party Room Miscellaneous Site Improvements $2,776,719 406 PARTY ROOM 407 SLIDE TOWER 408 QUESTIONS AND ANSWERS 409 TOWN COUNCIL COMMUNICATION REGULAR MEETING DATE: October 9, 2023 FROM: Tammy Dixon, Town Secretary AGENDA ITEM:Discuss and consider approval of a resolution appointing members to the Animal Shelter Advisory Board; Building Standards Commission; Crime Control and Prevention District; Economic Development Corporation; Ethics Commission; Parks and Recreation Board; Planning and Zoning Commission; Tax Increment Reinvestment Zone No. 1; and Zoning Board of Adjustment. (Mayor Tiffany, Councilmemembers Oldham and Bauer) BACKGROUND/SUMMARY: The Town Council appointed Mayor Tiffany and Councilmembers Oldham and Bauer to the Town Council Appointments Committee (Committee) which was tasked with making recommendations to the full Council regarding appointments to all Boards, Commmissions, and Corporations. A total of Fifty-two (52) applications were received including nineteen (19) current members and thirty-three new applicants. The Committee conducted 45 in-person interviews between September 7 and September 22. Following the interviews, the Committee worked diligently in compiling their recommendations to achieve the right balance of tenured and new volunteer members in establishing each Board, Commission, and Corporation going forward. Further, they recommended Chairs, where appropriate. They offer their recommendations to the best of their ability, and according to the intent of the Town Charter and applicable Resolution(s). Other Comments: •In accordance with policy, the Town 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. Michael Biggs and Terry Kesterson have both agreed to resign from 410 the Building Standards Commission to continue service on the Planning and Zoning Commission. •The Economic Development Corporation requires one member to be a Town Council Member. The Appointments Committee did not recommend that member and this appointment will need to be discussed during the meeting. FISCAL IMPACT: N/A LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft resolution as to form and legality. ATTACHMENTS: •Appointments Committee recommendations •Draft Resolution ACTION/OPTIONS: Move to approve a resolution appointing members to the Animal Shelter Advisory Board; Building Standards Commission; Crime Control and Prevention District; Economic Development Corporation; Ethics Commission; Parks and Recreation Board; Planning and Zoning Commission; Tax Increment Reinvestment Zone No. 1; and Zoning Board of Adjustment. 411 Animal Shelter Advisory Board 5 Members, Council appoints Chair Position Current Current Term Expires Board Member 1 Animal Control Officer Brian Hall 9/30/2024 Board Member 2 Animal Welfare Rep Susan Edstrom, Chair 9/30/2024 Board Member 3 Resident Category Deanna Polner 9/30/2024 Board Member 4 Municipal Official Chuck Hall 9/30/2023 Board Member 5 Veterinarian Category Brooke Bemis 9/30/2023 Board Member 6 Resident Category Pamela Swan 9/30/2023 Applicants Chuck Hall * Sophy Son Thomas Jones London Wilson Amy Mancuso *Reapplied All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 Recommended Capt. Bobby Tillman Previous/Current Boards Served Brooke Bemis Other Boards Applied to London Wilson Susan Edstrom, as chair 412 Building Standards and Commission 7 members, Council appoints Chair Position Current Current Term Expires Commissioner 1 Nick Sanders 9/30/2023 Commissioner 2 Jonathan Poole 9/30/2023 Commissioner 3 Robert Stevens, Chair 9/30/2023 Commissioner 4 Michael Biggs**9/30/2024 Commissioner 5 Terry Kesterson**, Vice Chair 9/30/2024 Commissioner Alt 1 Steven Boedeker 9/30/2024 Commissioner Alt 2 Stephen Bowman 9/30/2024 Applicants Nick Sanders* Jonathan Poole* Robert Stevens* Reginald Barbarin *Reapplied All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 **Resigned to remain on Planning and Zoning Recommendation Other Boards Applied to Previous/Current Boards Reid Burley Jonathan Poole Doug Harper, Chair James Calaway, unexpired term Garrett Wallace, unexpired term Planning & Zonning 413 Crime Control and Prevention Board 7 members Position Current Current Term Expires Board Member 1 Frederick Lohmann 9/30/2024 Board Member 2 Christine Udvar-Hazy 9/30/2023 Board Member 3 Christopher McAllister 9/30/2023 Board Member 4 Joe Tellez 9/30/2023 Board Member 5 Marc Bartels 9/30/2024 Board Member 6 Leo Daniels, Chair 9/30/2023 Board Member 7 Heath Williams, Vice Chair 9/30/2024 Applicants Christine Udvar-Mazy* Christopher McAllister* Leo Daniels* Gene Popik Royce Labor Danny Mayer *Reapplied All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 Christine Udvar-Hazy Recommendation Other Boards Applied to Previous/Current Boards current & previous Charter Rev. Christopher McAllister Leo Daniels Royce Labor 414 Economic Development Corporation 4B 7 members Position Current Current Term Expires Director 1 Andrew Borgan 9/30/2024 Director 2 Michael Clarke 9/30/2023 Director 3 John Mann 9/30/2024 Director 4 Teri Addington 9/30/2024 Director 5 Joseph Longo 9/30/2023 Director 6 Scott Haro, Chair 9/30/2023 Director 7 Travis Inge 9/30/2023 Applicants Michael Clarke Joseph Longo John Ryback Colin Willingham *Reapplied All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 Joseph Longo Other Boards Applied to Recommeded Previous/Current Boards P&Z, TIRZ, ZBA John Ryback Scott Hinshaw TBD - Councilmember 415 Ethics Review Commission 5 members and 2 alternate members Position Name Current Term Expires Commissioner 1 Kyle Black 9/30/2024 Commissioner 2 Lorrie Branson 9/30/2024 Commissioner 3 Dana Kizer 9/30/2023 Commissioner 4 Marc Carlozzi 9/30/2023 Commissioner 5 Jamers Isherwood 9/30/2023 Alternate 9/30/2023 Alternate 9/30/2023 New Applicants Jennifer Olson Jennifer Graf Sean Nelson Mindi Bone All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 Parks & Rec Board 2018-2021 Recommended Amy Mancuso Other Boards Applied to Previous/Current Boards Jennifer Graf Sean Nelson Mindi Bone Julie Edwards Jennifer Olson, unexpired term 416 Parks and Recreation Board 9 members, Council appoints Chair Position Current Current Term Expires Board Member 1 Patrick Schrein 9/30/2023 Board Member 2 Wendie Bailey, Vice Chair 9/30/2023 Board Member 3 Tracey Hunter, Sec 9/30/2023 Board Member 4 Vacant, unexpired term 9/30/2024 Board Member 5 Robert Ferguson 9/30/2024 Board member 6 Stephanie Presley 9/30/2024 Board Member 7 Dean Murray, Chair 9/30/2024 Board Member 8 New 9/30/2025 Board Member 9 New 9/30/2025 Applicants Patrick Schrein Wendie Bailey Jacqueline Ross Julie Edwards Melody Gary Thomas Mills Jenee Molacek David Durre Thomas Bath Richard Gregory Shannon Mann Jennifer Kashner Dana Kizer Garrett Wallace Jeffrey Eason Lisa Finch All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 *Reapplied current Ethics Review Other Boards Applied To Previous/Current Boards Recommended Patrick Schrein David Duree Jennifer Kashner Chuck Hall, unexpired term Dana Kizer Dean Murray, Chair Jeffrey Eason 417 Planning and Zoning Commission 7 members, Council appoints Chair Position Current Current Term Expires Commissioner 1 Rhylan Rowe 9/30/2023 Commissioner 2 Paul Jablonski 9/30/2023 Commissioner 3 Mike Branum, Vice Chair 9/30/2023 Commissioner 4 Jonathan Poole 9/30/2023 Commissioner 5 Robert Stevens 9/30/2024 Commissioner 6 Terry Kesterson 9/30/2024 Commissioner 7 Michael Biggs, Chair 9/30/2024 Applicants Rhylan Rowe Paul Jablonski Mike Branum Jonathan Poole John Ryback Scott Hinshaw Aaron Ross Reginald Barbarin All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 *Reapplied Recommended Rhylan Rowe Paul Jablonski Mike Branum, Vice Chair Other Boards Applied to Previous/Current Boards Reginald Barbarin Michael Biggs, as Chair Building Standards EDC 4B, TIRZ, ZBA Charter Rev.served on Ethics Review 2019-21 418 Tax Increment Reinvestment Zone No. 1 5 members, Council appoints Chair Position Name Current Term Expires Board Member 1 Scott Haro 9/30/2024 Board Member 2 Michael Clarke 9/30/2023 Board Member 3 (County Rep)Rebecca Barksdale 9/30/2023 Board Member 4 Teri Addington 9/30/2024 Board Member 5 Vacant, unexpired term 9/30/2024 Applicants John Ryback All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 Other Boards Applied to ZBA, P&Z, EDC 4B Previous/Current Boards Recommended Aaron Ross Danny Mayer, Chair Rececca Barksdale Richard Gregory, unexpired term Lisa Finch 419 Zoning Board of Adjustment 5 members and 4 alternate members Council appoints Chair Position Current Term Expires Board Member 1 Doug Harper 9/30/2023 Board Member 2 Steven Boedecker 9/30/2024 Board Member 3 Stephen Bowman 9/30/2024 Board Member 4 Edgaar Jorge-Ortiz 9/30/2023 Board Member 5 Nick Sanders, Chair 9/30/2023 Alternate 1 Mary Margaret Burnham 9/30/2023 Alternate 2 James Calaway 9/30/2023 Alternate 3 9/30/2024 Alternate 4 9/30/2024 Applicants Doug Harper* Nick Sanders* James Calaway* John Ryback Reid Burley *Reapplied All appointments will be for two years ending 9/30/25; or fill unexpired terms ending 9/30/24 Nick Sanders, unexpired term Other Boards applied to P&Z, EDC 4B, TIRZ Previous/Current Boards Recommended James Calaway Tom Bath Jonathan Poole Garrett Wallace, unexpired term Doug Harper Stephen Bowman, as Chair Reid Burley 420 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR THE APPOINTMENT OF MEMBERS AND CHAIRPERSONS TO SERVE ON THE ANIMAL SHELTER ADVISORY BOARD; BUILDING STANDARDS COMMISSION; PARKS AND RECREATION BOARD; PLANNING AND ZONING COMMISSION; TAX INCREMENT REINVIESTMENT ZONE NO. 1 BOARD; AND ZONING BOARD OF ADJUSTMENT; PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE CRIME CONTROL AND PRVENTION DISTRICT; ECONOMIC DEVELOMENT CORPORATION; AND ETHICS COMMISSION; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards, Commissions, and Corporations; and WHEREAS, the Trophy Club Town Council is responsible for making appointments to the Boards, Commissions, and Corporations serving the Town whose terms are expiring; and WHEREAS, the Town Council is responsible for appointing a Chairperson to the Animal Adivosry Board, Building Standards Commission; Parks and Recreation Board; Planning and Zoning Commission; Tax Increment Reinvestment Zone No. 1 Board; and the Zoning Board of Adjustment; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. SECTION 2. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Animal Services Board with the respective chairperson as specified below: Name, Place, Term Ending Date SECTION 3. That the Town Council of Trophy Club, Texas, hereby authorizes and accepts the resignations of Michael Biggs and Terry Kesterson from the Building Standards Commission to continue service on the Planning and Zoning Commission. SECTION 4. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Buildings Standard Commission with the respective chairperson as specified below: Name, Place, Term Ending Date 421 RESOLUTION NO. 2023-XX PAGE 2 SECTION 5. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Parks and Recreation Board with the respective chairperson as specified below: Name, Place, Term Ending Date SECTION 6. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Planning and Zoning Commission with the respective chairperson as specified below: Name, Place, Term Ending Date SECTION 7. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Tax Increment Investment Zone No. 1 Board with the respective chairperson as specified below: Name, Place, Term Ending Date SECTION 8. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Zoning Board of Adjustment with the respective chairperson as specified below: Name, Place, Term Ending Date SECTION 9. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Crime Control and Prevention District Board as specified below: Name, Place, Term Ending Date SECTION 10. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Economic Development Corporation Board as specified below: Name, Place, Term Ending Date SECTION 11. That the Town Council of Trophy Club, Texas, hereby appoints the following individuals to service on the Ethics Commission as specified below: Name, Place, Term Ending Date SECTION 12. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED THIS THE 9th DAY OF OCTOBER 2023. 422 RESOLUTION NO. 2023-XX PAGE 3 Jeannette Tiffany, Mayor ATTEST: Tammy Dixon, Town Secretary APPROVED TO AS FORM: Dean Roggia, Town Attorney 423 1 2 3 Request Day Who Requested Date of Last Action 1 8.27.19 CM Geraci 6.27.23 Mayor Sanders 2 8.23.22 CM Monger 8.28.23 3 8.9.22 CM Beach 6.27.23 1.10.23 CM Beach Added twice 4 6.13.23 CM Sheridan 6.27.23 5 6.13.23 CM Sheridan 6.27.23 Future Agenda Items Future Agenda Item Hogans Glen drainage. Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. Future Agenda Items have 3 Categories: Council requested items that need additional research and will be brought back for public discussion at a Council Meeting. For agenda items with significant research time Council will be updated. Council requested future agenda items that need to be addressed. Researched agenda items that are scheduled to be reported to Council. (first 2-4 weeks) The Future Agenda Items list will be attached to the Council Meeting agenda to provide Council with a status on all items. During Council meetings, the future agenda items will be reviewed and removed if completed or added if new agenda items need to be addressed. Footnotes may be added. The strategic plan will be addressed at a future workshop. August 28, 2023 Improvements at the existing Trophy Lake/Club Drive roundabout crosswalks. The Town Council decided on the Hogan’s Glen drainage matter during the June 13th Council meeting by approving $150,000 from the stormwater drainage funds to the HOA to mitigate the stormwater siltation. On August 28, 2023, the Council directed the Town Attorney to create an easement agreement with the HOA. Once the agreement is finalized, it will be brought back to Council. The Town has received the original signage plan for the round-a-bout at Trophy Club Dr. and Trophy Lake. During the June 27th Council meeting, Councilmember Beach directed Director of Community Development Matt Cox to complete additional research on alternative options. Will be discussed in the November workshop. Short-Term rentals. Councilmember Sheridan would like to review short-term rentals before they become an issue within the Town. During the June 27th Council meeting, Town Attorney David Dodd presented a short-term rental process. Councilmember Bauer would like additional definitions of the word “owner” to be defined in the registration ordinance. The Town has passed this topic to our new Legal Counsel to review and re-visit at a future Council meeting. Town staff to provide a plan of action for trash baskets in Town-Owned inlets. Councilmember Sheridan would like staff to prepare a plan of action to install trash collector baskets in storm drain inlets in the Town with a not to exceed amount of $75,000. Also, provide a plan to have PD30 put in trash collector baskets when phase 3 begins. Interim Town Manager Arata discussed the item with the Finance subcommittee on June 27th. 424 Request Day Who Requested Date of Last Action 6 7.25.23 CM Bauer 7.25.23 7 7.25.23 CM Bauer 7.25.23 8 8.14.23 CM Oldham 8.14.23 9 Comprehensive land plan. 8.14.23 Mayor Tiffany 8.14.23 10 8.18.23 Interim TM Arata 8.18.23 8.25.20 CM Shoffner 1.10.23 ¹8.28.23 CM Sheridan 8.28.23 11 9.11.23 CM Flynn 9.11.23 Future Agenda Item Trophy Club park revenues. Legal description guidelines. Councilmember Oldham would like our Community Development Standards to incorporate legal description guidelines in the review process for the preparation of all real property descriptions, either for or on behalf of the Town of Trophy Club, Texas. Mayor Tiffany would like to fully update and revise the 1997 comprehensive land plan, which will include a park master plan. Starting October 1st, we will initiate the development of an RFP to solicit bids from companies for the plan's development. Councilmember Bauer would like to explore current and new options for revenue at Trophy Club Park. Mayor Tiffany suggested this be a conversation for Park Board. MUD feasibility report. Councilmember Bauer would like to re-visit Phase 2 of the Trophy Club Community Pool. The request includes looking at the whole project, including slides, finances, and Parks Board recommendations. TnP and the Town attorney are working on agreements for Phase II. Halff will be at the October Council meeting to discuss the pool project. On August 25, 2020, Mayor Pro Tem Philip Shoffner added the Traffic Mitigation future agenda item. This item was removed from future agenda items on January 10, 2023. On August 18, 2023, Interim Town Manager Patrick Arata added the roundabouts back to the future agenda item. A workshop for the roundabouts will be November 13, 2023. ¹ On September 11, 2023, Councilmember Flynn asked to review the full MUD feasibility report from NewGen at the second Council meeting in October. Bobcat roundabouts. Councilmember Sheridan added a workshop to be scheduled in November after sufficient data has accumulated to discuss and learn about the best solution for traffic control by the High School. Trophy Club community pool. 425