05.13.2024 TC Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
May 13, 2024 5:30 PM Council Chambers
CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM
WORK SESSION ITEM
1. Update on the Explore Trophy Club initiative to promote Trophy Club businesses. (Jill
Lind, Director of Communications & Marketing)
ADJOURN WORK SESSION
CALL SPECIAL MEETING TO ORDER (immediately following Work Session or 6:00 p.m.,
whichever is later)
CANVASS OF MAY 4, 2024, GENERAL ELECTION
2. Consider an ordinance canvassing the returns and declaring the results of a General
Election held May 4, 2024, for the purpose of electing Council Member Places 3 and 4
and providing an effective date. (Tammy Dixon, Town Secretary)
3. Issue Certificates of Election and administer Oaths of Office to re-elected Council Member
Place 3 Dennis Sheridan and newly elected Council Member Place 4 Rhylan Rowe.
(Mayor Tiffany)
RECOGNITION OF AND REMARKS FROM OUTGOING COUNCIL MEMBER KARL
MONGER
REMARKS FROM RE-ELECTED/NEWLY ELECTED COUNCIL MEMBERS
ADJOURN SPECIAL MEETING
CALL REGULAR MEETING TO ORDER (7:00 p.m.)
INVOCATION led by Pastor Joel Quilé, Bara Church
PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND TO THE TEXAS FLAG
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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
4. Recognition of retirement for Trophy Club Police Department's K-9 Officer Indy. (Patrick
Arata, Police Chief)
5. Working for You... Trophy Club
a) Update from Town Council Members
b) Update from Town Manager (Brandon Wright, Town Manager)
c) Quick Civic Tip (Dean Roggia, Town Attorney)
CONSENT AGENDA
6. Consider approval of the April 22, 2024, Town Council work session and regular meeting
minutes. (Tammy Dixon, Town Secretary)
7. Consider approval of the April 26, 2024, Town Council special meeting minutes. (Tammy
Dixon, Town Secretary)
8. Consider authorizing the Town Manager to negotiate and execute an agreement with
GovernmentJobs.com, Inc. for a three-year contract amount of $29,017.08 (d/b/a
NEOGOV) for an applicant tracking system. (Denise Deprato, Director of Human
Resources)
PUBLIC HEARINGS
9. Conduct a public hearing and consider an ordinance amending the Town's Code of
Ordinances, Section 1.08.001, Youth Programs Standards of Care, of Division 1,
Generally of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions
updating the Standards of Care for Youth Recreation Programs. (Chase Ellis, Director or
Parks and Recreation)
INDIVIDUAL ITEMS
10. Consider the selection of a Mayor Pro Tem. (Brandon Wright, Town Manager)
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EXECUTIVE SESSION
Pursuant to the following designated sections of the Texas Government Code, Annotated,
Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive
session to discuss the following:
a. Section 551.071 Consultation with Town Attorney to seek legal advice regarding the
Trophy Table Economic Development Agreement.
RECONVENE INTO REGULAR SESSION
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed
by Texas Government Code Sections 551.071 through 551.076 and Section 551.087.
CERTIFICATION
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall
for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general
public at all times on the following date and time: May 10, 2024 at 9:00 a.m., and said Notice of
Meeting was also posted concurrently on the Town’s website in accordance with Texas
Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting.
__________________________________
Tammy Dixon, Town Secretary
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.
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TOWN COUNCIL COMMUNICATION
MEETING DATE: May 13, 2024
FROM: Jill Lind, Director of Communications and Marketing
AGENDA ITEM: Update on the Explore Trophy Club initiative to promote Trophy Club
businesses. (Jill Lind, Director of Communications & Marketing)
BACKGROUND/SUMMARY: On December 13, 2022, the Trophy Club Town Council embarked
on a strategic initiative to enhance the Town's appeal as a destination through the "Visit
Trophy Club" program. This initiative represents a focused effort to leverage marketing
resources to promote the Town's distinctive offerings in hospitality, recreation, and community
attractions.
Program Objectives and Strategy:
The primary goal of the "Visit Trophy Club" program is to boost local economic growth by
attracting visitors and promoting overnight stays, in alignment with Texas Tax Code Chapter
351, Section 351.101. The funding for these marketing efforts is derived from the Town's hotel
occupancy tax, ensuring that the initiatives directly support tourism and community economic
development.
The Explore Trophy Club initiative included the following key developments and achievements:
• Branding Initiative: The "Explore Experience" branding initiative was launched to
position Trophy Club as an attractive destination. The initiative includes creative digital
advertising efforts, and strategic ad buys designed to capture the interest of potential
visitors and convert them into current tourists.
• Enhanced Digital Presence: The Town has upgraded its website to improve the user
experience for residents and visitors. New features include a portal page and an
enhanced visitor page, facilitating easier access to information about local businesses
and amenities. Additionally, the creation of two new social media channels specifically
aimed at providing visitor-related content and experiences has significantly expanded
the Town's digital footprint. These platforms serve as interactive hubs where potential
visitors can engage with dynamic content showcasing the Town's attractions, events,
and unique cultural experiences.
• Targeted Digital Marketing Campaign: In collaboration with Octagon Media, a digital
marketing campaign was developed targeting potential visitors from the Dallas-Fort
Worth area and beyond. The campaign focuses on guiding potential tourists to the
Trophy Club website, where they can discover local experiences.
• Stakeholder Communication: An ongoing dialogue with business stakeholders has been
established to ensure their events and relevant information are included in the monthly
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marketing plan. This collaborative approach helps tailor the Town’s promotional efforts
to feature a wide range of activities and attractions that appeal to visitors. Additionally,
during Octagon Media's visit on May 13 and 14, the team will continue these outreach
efforts. Octagon Media will host a business meeting at Town Hall and individual site
visits to further foster effective communication and ensure alignment of marketing
strategies with local business partner's needs.
• Impact and Future Directions: These strategic efforts are positioning Trophy Club more
prominently as a tourist destination. Early indicators suggest increased website traffic
and engagement with digital ads, pointing to a growing interest in the Town as a place
to visit and explore. Moving forward, staff will seek approval to continue refining these
strategies in partnership with Octagon Media, using data-driven insights to enhance the
effectiveness of marketing efforts and further increase economic benefits for the
community.
The "Visit Trophy Club" program is a dynamic response to the need for strategic community
marketing. It reflects the Town Council’s commitment to attract visitors and support local
businesses while enhancing the overall economic landscape of Trophy Club. The ongoing
success of this initiative will require continual assessment and adaptation to meet the evolving
needs of the Town, Trophy Club businesses, and visitors.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The financial commitments for the "Explore Trophy Club" program, specifically
the contract with Octagon Media, are structured to ensure strategic allocation of resources.
The contract spans a 24-month period starting February 3, 2023, through February 3, 2025. As
of April 2024, 75% of the total contract amount of $160,000 has been obligated. The remaining
25% will be focused on advertising through digital media, social media management, media
buying, and purchase coordination.
Funding for this initiative comes from the Hotel Occupancy Tax (HOT), which the Town of
Trophy Club levies at a rate of seven percent (7%) on the cost of occupancy for any sleeping
room furnished by hotels within the town. This tax is applicable only to stays shorter than 30
days, as longer stays are exempt.
For FY 2023, the HOT revenue was $822,484, with $600,000 budgeted for fiscal year 2024.
These funds are earmarked specifically to support expenses that directly enhance and promote
tourism, as well as the convention and hotel industry in Trophy Club. This strategic use of HOT
revenues ensures that investments in marketing and promotional activities are both
sustainable and aligned with the town’s economic objectives to boost tourism and related
business activities.
LEGAL REVIEW: N/A
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ATTACHMENTS:
1. 2024.05.13 - Town Council Work Session - As Submitted
ACTIONS/OPTIONS:
This workshop agenda item is being presented for informational and discuss purposes only. No
action will be taken by the Town Council during the workshop.
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Explore Trophy Club Update
Update on the “Visit Trophy Club” initiative.
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External Phase
(sharing the story)
Explore Trophy Club Update
Internal Phase
(preparing the assets)
Page 8 of 98
Research/Discovery Design
Explore Trophy Club – Research, Design, Construct
Digital Construction
Page 9 of 98
Social Media Channels Digital Advertising
Explore Trophy Club – Outreach and Engage
Page 10 of 98
Where We Are Now
26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22
Marketing and Advertising Planning
Account Service, Strategic Direction, Creative
Strategy, Concept Development, Asset
Development, Stewardship, Media Plan,
Cooperative Plan, Comprehensive Marketing Plan,
Travel/ Administration
Creative Services
Strategy, Research, Creative recommendations,
Creative campaign development, Production of
Assets, Project management, Website assistance,
Basic SEO
Media Buying and Purchase Coordination
Strategy, Research, Media planning, media buying,
Recommendations, Determation of Media Mix,
Evaluation of Media Opportunities, Negotiation,
Implementation , Management, Reporting
Advertising: Digital Media
Digital: Advanced SEO, Retarget Marketing, Keyword
Search, Display, Static and Video Ads
Email Marketing (one per month)
Earned Media and Partnerships (one story per
quarter)
Social Media Management (Organic)
15 posts per month. Includes research, concept,
content, tone, messaging, hashtag(s), design,
scheduling and analytics.
Promotional Items
Retractable banners with aluminum stand and
carrying case
Metrics
Campaign Analysis, Optimization, Post-buy
reporting and Deliverables
Monthly Budget
Quarterly Budget $ 5,333.34
January
GROSS TOTAL
$ 159,314.85
2nd Quarter - 2025
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
1st Quarter - 2025
October November December
5,333.34$ 5,333.34$ $ 5,333.34
$ 10,666.68
SeptemberJuly
4th Quarter - 2024
AugustOctoberSeptemberAugust
8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 9,981.43$ 8,000.00$ 8,000.00$ 8,000.00$
February June
8,000.00$
March NovemberApril December
$ 24,000.00
8,000.00$ 8,000.00$
1st Quarter - 2024
Primary Target: Adults 25-64
$ 24,000.00 $ 25,981.43 $ 24,000.00
2nd Quarter - 2023 3rd Quarter - 2023 4th Quarter - 2023
May JulyJanuary
2nd Quarter - 2024
January February March
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
3rd Quarter - 2024
April May June
$ 5,333.34
2023-2024 Marketing Plan - Actual
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
2629162330613 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22
Marketing and Advertising Planning
Account Service, Strategic Direction, Creative
Strategy, Concept Development, Asset
Development, Stewardship, Media Plan,
Cooperative Plan, Comprehensive Marketing Plan,
Travel/ Administration
Creative Services
Strategy, Research, Creative recommendations,
Creative campaign development, Production of
Assets, Project management, Website assistance,
Basic SEO
Media Buying and Purchase Coordination
Strategy, Research, Media planning, media buying,
Recommendations, Determation of Media Mix,
Evaluation of Media Opportunities, Negotiation,
Implementation , Management, Reporting
Advertising: Digital Media
Digital: Advanced SEO, Retarget Marketing, Keyword
Search, Display, Static and Video Ads
Email Marketing (one per month)
Earned Media and Partnerships (one story per
quarter)
Social Media Management (Organic)
15 posts per month. Includes research, concept,
content, tone, messaging, hashtag(s), design,
scheduling and analytics.
Promotional Items
Retractable banners with aluminum stand and
carrying case
Metrics
Campaign Analysis, Optimization, Post-buy
reporting and Deliverables
Monthly Budget
Quarterly Budget $ 5,333.34
January
GROSS TOTAL
$ 159,314.85
2nd Quarter - 2025
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
1st Quarter - 2025
October November December
5,333.34$ 5,333.34$ $ 5,333.34
$ 10,666.68
SeptemberJuly
4th Quarter - 2024
AugustOctoberSeptemberAugust
8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 9,981.43$ 8,000.00$ 8,000.00$ 8,000.00$
February June
8,000.00$
March NovemberApril December
$ 24,000.00
8,000.00$ 8,000.00$
1st Quarter - 2024
Primary Target: Adults 25-64
$ 24,000.00 $ 25,981.43 $ 24,000.00
2nd Quarter - 2023 3rd Quarter - 2023 4th Quarter - 2023
May JulyJanuary
2nd Quarter - 2024
January February March
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
3rd Quarter - 2024
April May June
$ 5,333.34
2023-2024 Marketing Plan - Actual
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22
Marketing and Advertising Planning
Account Service, Strategic Direction, Creative
Strategy, Concept Development, Asset
Development, Stewardship, Media Plan,
Cooperative Plan, Comprehensive Marketing Plan,
Travel/ Administration
Creative Services
Strategy, Research, Creative recommendations,
Creative campaign development, Production of
Assets, Project management, Website assistance,
Basic SEO
Media Buying and Purchase Coordination
Strategy, Research, Media planning, media buying,
Recommendations, Determation of Media Mix,
Evaluation of Media Opportunities, Negotiation,
Implementation , Management, Reporting
Advertising: Digital Media
Digital: Advanced SEO, Retarget Marketing, Keyword
Search, Display, Static and Video Ads
Email Marketing (one per month)
Earned Media and Partnerships (one story per
quarter)
Social Media Management (Organic)
15 posts per month. Includes research, concept,
content, tone, messaging, hashtag(s), design,
scheduling and analytics.
Promotional Items
Retractable banners with aluminum stand and
carrying case
Metrics
Campaign Analysis, Optimization, Post-buy
reporting and Deliverables
Monthly Budget
Quarterly Budget $ 5,333.34
January
GROSS TOTAL
$ 159,314.85
2nd Quarter - 2025
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
1st Quarter - 2025
October November December
5,333.34$ 5,333.34$ $ 5,333.34
$ 10,666.68
SeptemberJuly
4th Quarter - 2024
AugustOctoberSeptemberAugust
8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 9,981.43$ 8,000.00$ 8,000.00$ 8,000.00$
February June
8,000.00$
March NovemberApril December
$ 24,000.00
8,000.00$ 8,000.00$
1st Quarter - 2024
Primary Target: Adults 25-64
$ 24,000.00 $ 25,981.43 $ 24,000.00
2nd Quarter - 2023 3rd Quarter - 2023 4th Quarter - 2023
May JulyJanuary
2nd Quarter - 2024
January February March
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
3rd Quarter - 2024
April May June
$ 5,333.34
2023-2024 Marketing Plan - Actual
5,333.34$ 5,333.34$ 5,333.34$
$ 16,000.02
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Where We Are Now - Strengths
•Digital campaign adjusted in 2024 to focus on two
tactics:
(1) Increasing followers and engagement
(2) Driving traffic to www.trophyclub.org/704/Visit
•Digital out-of-home advertising (DOOH) expanded to
include ads in airports, interstates, and mall kiosks.
•An upward trend in organic social media
engagement was observed.
•The campaign contributed to building awareness.
•Successful in driving traffic to the website.
•Significant increase in the number of followers.
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Definitions
•Impression: A record of when a user views an advertisement.
•Clickthrough Rate (CTR): The ratio of clicks an ad receives to the number of times it is shown.
•Clicks: Instances when someone interacts with an ad by clicking on it.
•Conversion Rate: The percentage of users who complete a desired action.
•Session: A session refers to a single visit to a website, starting when a user enters the site and
ending when they leave or after a period of inactivity.
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Definitions
•Engagement Rate: The engagement rate is the percentage of website visitors who interact with
a specific piece of content, such as clicking a link or watching a video, out of the total number of
visitors to that page.
•Event Count: Event count shows the total number of times each event, such as clicks on links or
buttons, form submissions, or video plays, was triggered during a specified time period.
•View: The view metric represents the number of times a particular page on a website is loaded
or viewed by visitors.
•Reach: total number of unique users who have been exposed to a particular piece of content,
advertisement, or campaign within a specified time frame.
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Social Media
Page 15 of 98
Facebook Analytics
•717, 554 Impressions
•10,945 Clicks
•1.53% Click Through Rate
•2,113 Actions
Performance by Creative
o Best Performing Creative was Dine – delivered
422,818 impressions, 6,231 clicks and 1,623
conversions
o Stay generated the most engagement with a
2.78% CTR
January 2024 – April 2024
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Facebook Analytics
July 2023 – March 2024
Follows 627
Visits 6k
Reach 353.5k
Organic
Impressions 627,989
Paid
October – December 2023
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Facebook Analytics - Paid
Facebook
July 2023 - March 2024
390,182 Impressions
10,240 Clicks
2.62% CTR
2,009 Conversions
Page 18 of 98
Facebook Analytics - Paid
Dine: 214,890 Stay: 55,336 See: 55,387
Page 19 of 98
Top Facebook Posts
#1 #2 #3
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Instagram Analytics
Follows 931
Visits 2.4k
Reach 34.7k
Organic
July 2023 – March 2024
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Top Instagram Posts
#1 #2 #3
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Digital Advertising
160x600
300x50
300x250300x600
320x50
728x90
970x250
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Digital Advertising
160x600
300x50
300x250300x600
320x50
728x90
970x250
Page 24 of 98
Digital Advertising
160x600
300x50
300x250300x600
320x50
728x90
970x250
Page 25 of 98
Digital Advertising
160x600
300x50
300x250300x600
320x50
728x90
970x250
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•720,747 Impressions
•527 Clicks
•0.07% Click Through Rate
•4,500+ website actions associated with the campaign
•73 Conversions
o 48 Email Conversions
o 14 Phone Conversions
Performance by Month:
o Despite starting very late in January, the campaign delivered 67 clicks and an
impression click-through rate of 0.44%.
January 2024 – April 2024
Digital Marketing Analytics
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Digital Marketing Analytics
Display Ads
January 2024 - March 2024
466,736 Impressions
356 Clicks
0.08% CTR
33 Conversions
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Digital Out-of-Home Advertising
Page 29 of 98
Digital Out-of-Home Advertising
Page 30 of 98
•83,665 Total Impressions
•We served the most impressions in February (34,411)
•Top Venues:
o Airports – 41,390 impressions
o QSR – 17,664 impressions
o Taxi and rideshare TVs – 7,024 impressions
January 2024 – April 2024
Digital Out-of-Home Analytics
Page 31 of 98
Google Analytics
4,215 Sessions
8,551 Views
47.73% Engagement Rate
22,280 Event Count
Website Traffic
January 2024 - March 2024
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Campaign Performance
•Since the launch, traffic has been successfully driven to the landing page through a strategic
blend of Display, Social, and DOOH tactics.
•The View-Through Rate (VTR) for Display has outperformed the CTR, indicating successful
delivery of creative content to the intended audience and establishing Visit Trophy Club as a top-
of-mind destination.
•Impressive results, with almost 3,000 actions/conversions.
•Surpassed industry benchmarks with current KPIs.
•Among Display creatives, the “dine” ad received the highest number of clicks, while the “stay” ad
resulted in the most actions taken, showcasing effective engagement strategies.
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Campaign Performance
•Most who see the ad click on the “calendar of events” page.
•A significant portion of the audience engages by viewing the ad without clicking, then later
searching for Visit Trophy Club, indicating strong brand recall and interest sparked by the
campaign.
•Since its inception, Instagram has 931 followers and Facebook has 627 friends.
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social media | email | website
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TOWN COUNCIL COMMUNICATION
MEETING DATE: May 13, 2024
FROM:
AGENDA ITEM: Consider an ordinance canvassing the returns and declaring the results of a
General Election held May 4, 2024, for the purpose of electing Council
Member Places 3 and 4 and providing an effective date. (Tammy Dixon, Town
Secretary)
BACKGROUND/SUMMARY: A General Election was held on May 4, 2024, with voters casting
ballots on Election Day and during early voting. The Town Charter (Sec. 5.06) and Texas
Election Code (Sec. 67.003) require canvassing the results after the election. Attached are the
unofficial results from Denton/Tarrant County. The results are considered official after the
election canvass.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft ordinance as to form and
legality.
ATTACHMENTS:
1. Draft Ordinance Canvass 05.04.2024 Election
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the ordinance canvassing the
returns and declaring the results of a General Election held May 4, 2024, for the purpose of
electing Council Member Places 3 and 4 and providing an effective date.
Page 36 of 98
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CANVASSING RETURNS AND DECLARING
RESULTS OF A GENERAL ELECTION HELD MAY 4, 2024, FOR THE
PURPOSE OF ELECTING COUNCIL MEMBER PLACES 3 AND 4, OF
THE TOWN OF TROPHY CLUB, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of Trophy Club, Texas (the “Town”), caused to be
published in accordance with the laws of the State of Texas, notice of the election
held May 4, 2024, for the election of Council Member Places 3 and 4, of the Town;
and
WHEREAS, the appropriate authority of the Town caused to be posted and
published, in accordance with applicable laws, notice of said election; and
WHEREAS, said election was duly and legally held on May 4, 2024, in the
Town and in conformity with the election laws of the State of Texas, and the results of
said election have been certified and returned by the proper judge and clerks thereof;
and
WHEREAS, the Town Council has considered the returns of said election held
May 4, 2024, and pursuant to state law and Article V, Section 5.06, of the Home Rule
Charter of the Town, the Town Council shall canvass and declare the official results;
and
WHEREAS, the election returns, duly and legally made, showed that there were
cast at said election a total of valid and legal votes ( %), and that each of
the candidates in said election received the following votes.
COUNCIL MEMBER PLACE 3
Candidate Early
Voting
Election
Day
Total* Percentage
Wendie Bailey
Dennis Sheridan
COUNCIL MEMBER PLACE 4
Candidate Early
Voting
Election
Day
Total* Percentage
Rhylan Rowe
Garry Ash
Data will
be added to
ordinance once
received from Denton
and Tarrant Counties
Page 37 of 98
ORDINANCE NO.2024-XX PAGE 2
*Denton and Tarrant County total
WHEREAS, pursuant to Article V, Section 5.01, of the Home Rule Charter of the
Town, in order to be declared elected, a candidate must receive the majority of the votes
cast for the office or place for which such person is a candidate.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1
Each and every one of the recitals, findings, and determinations contained in
the preamble of this Ordinance are found to be true and correct and are hereby
repeated and incorporated herein as if copied in their entirety.
SECTION 2
It is further found and determined that the results of the election as canvassed
and tabulated and as referenced in the preamble to this Ordinance, reflect the
expressed desires of the resident, qualified electors of the Town, and that the above
canvass is hereby approved.
SECTION 3
The duly elected members of the Town Council of the Town of Trophy Club,
Texas, elected on May 4, 2024, Council Member Places 3 and 4, subject to the taking
of the oaths as provided by the laws of the State of Texas, are as follows:
Council Member, Place 3 Dennis Sheridan Three Year Term
Council Member, Place 4 Rhylan Rowe Three Year Term
SECTION 4
The Mayor is hereby authorized and directed to execute and deliver this
Ordinance canvassing the General Election in accordance with the Texas Election
Code and all other necessary action in connection therewith.
SECTION 5
This Ordinance shall take effect and be in force from and after its final passage
and approval, and it is accordingly so ordained.
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ORDINANCE NO.2024-XX PAGE 3
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this ______ day of May 2024.
APPROVED:
_____________________________
Jeannette Tiffany, Mayor
ATTEST:
____________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
_____________________________
Dean Roggia, Town Attorney
Page 39 of 98
TOWN COUNCIL COMMUNICATION
MEETING DATE: May 13, 2024
FROM:
AGENDA ITEM: Consider approval of the April 22, 2024, Town Council work session and
regular meeting minutes. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held a work session and regular meeting on April
22, 2024.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 04.22.2024 draft minutes
ACTIONS/OPTIONS:
Move to approve the April 22, 2024, Town Council work session and regular meeting minutes.
Page 40 of 98
Town of Trophy Club Town Council Meeting Minutes
April 22, 2024, 6:00 p.m., Work Session and Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL WORK SESSION TO ORDER
Mayor Tiffany called the work session to order at 6:00 p.m.
COUNCILMEMBERS PRESENT
Jeannette Tiffany, Mayor
Dennis Sheridan, Mayor Pro Tem
Stacey Bauer, Councilmember Place 1
Steve Flynn, Councilmember Place 6
LuAnne Oldham, Councilmember Place 5
Jeff Beach, Councilmember Place 2
Karl Monger, Councilmember Place 4 (arrived at 7:00 p.m.)
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
April Duvall, Director of Finance
Matt Cox, Director of Community Development
Denise Deprato, Director of Human Resources
Chase Ellis, Director of Parks and Recreation
Tamara Smith, Assistant to the Town Manager
Patrick Arata, Chief of Police
WORK SESSION ITEM
1. Discussion on infrastructure improvement options to address flooding on
Inverness Drive, from Indian Creek to Inverness Drive. (Matt Cox, Community
Development Director & Philip Varughese, TNP Engineering)
Mayor Pro Tem Sheridan, stated he did not want to give the appearance of a
conflict of interest since he resides in the area and left the dais.
Matt Cox introduced Philp Varughese and Sawyer Maness of Teague Nall Perkins
(TNP) who provided a presentation on the Inverness Drive Drainage Study which included
three alternatives for drainage improvements.
A discussion ensued regarding the alternatives, funding deadline under the
America Rescue Plan Act (ARPA) and construction timelines.
The consensus of the Town Council was to move forward with Alternative 3.
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Town Council Regular Meeting Minutes-April 22, 2024 Page 2
ADJOURN
Mayor Tiffany adjourned the work session at 6:41 p.m.
CALL REGULAR MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:00 p.m.
INVOCATION
Jeff Brooks, Lake Cities Church of Christ, led the invocation.
PLEDGES
Councilmember Beach led the Pledge of Allegiances to the American and Texas
Flags.
PUBLIC COMMENTS
There were none.
PRESENTATIONS
2. Conduct a Police Department badge pinning ceremony. (Patrick Arata, Police
Chief)
Chief Arata welcomed new police officer Meeko Spainhower and newly promoted
Sergeant Levi Cobler. Mayor Tiffany provided the Oaths of Office and the badge pinning
ceremony followed.
COMMUNITY SPOTLIGHT
3. Proclamation – National Day of Prayer
Mayor Tiffany read aloud the proclamation and presented it to Irma Thomas,
National Day of Prayer Task Force Coordinator.
4. Proclamation – Public Employee Recognition Week
Councilmember Flynn read aloud the proclamation and presented it to Town
Manager Wright on behalf of the employees.
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Town Council Regular Meeting Minutes-April 22, 2024 Page 3
5. Working for You . . . Trophy Club
a) Update from Town Council Members
Councilmember Flynn stated he appreciated the collaboration between Town staff
and the Trophy Club Women’s Club regarding the rescheduling of the Spring Garage Sale
over the past weekend.
Mayor Pro Tem Sheridan stated the Trophy Club Police Department was nearly
completely staffed with special thanks to Denise Deprato, Director of Human Resources
and Police Chief Arata.
Councilmember Oldham spoke about a recent update she received from Dianne
Edmondson on the Precinct 4 Transportation Update.
Mayor Tiffany addressed the importance of maintaining connectivity within Trophy
Club. She introduced the distribution of "Get Connected" cards, which, upon scanning,
directs individuals to the Get Connected webpage on the Trophy Club Website. This
platform offers various channels through which communication with residents is
disseminated.
b) Update from Town Manager
Town Manager Wright provided the following updates:
• Starting April 24th residents can contribute to the Trophy Club Strategic Plan by
completing a survey.
• On April 25, 2024, from 4:00 - 5:00 p.m. at HWY 114 bridge, citizens can honor
the Medal of Honor motorcade escorting American Heros to events in Gainesville,
Texas.
• The Trophy Club Police Department will hold two Identity Theft Protection sessions
on April 25th, in partnership with the Identity Theft Resource Center at Church of
Jesus Christ of Latter-Day Saints.
• April 26th, a Special Planning and Zoning Commission meeting will be held
followed by a special meeting of the Town Council at 10:30 a.m.
• Trophy Club Park will be closed to motorized activity on Friday, April 26th, through
2 pm on the 27th for litter pick up by volunteers from Charles Schwab on Friday
and students from Byron Nelson on Saturday.
• The annual Community Clean-Up Event will take place at the Byron Nelson High
School parking lot on April 27th, 8:00 a.m. – 12:00 p.m.
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Town Council Regular Meeting Minutes-April 22, 2024 Page 4
• K9 Indy retired from service on March 26th; celebration planned during the May
13th Town Council meeting.
• May 4th , 10:00 a.m. – 12:00 p.m. Touch A Truck event at Independence Park East.
• May 9th, 6:00 p.m. Economic Development Corporation Meeting
• May 10-12th, Trophy Club Women’s Club will be hosting their Annual Art & Garden
Festival in Trophy Club’s Town Center.
c) Quick Civic Tip
Town Attorney, Dean Roggia, provided an overview on canvassing a general
election.
CONSENT AGENDA
6. Consider approval of the April 8, 2024, Town Council Work Session and Regular
Meeting Minutes. (Tammy Dixon, Town Secretary)
7. Consider a resolution authorizing the transfer of retired K-9 Officer Indy to
Sergeant Barry Sullivan. (Patrick Arata, Police Chief). The caption of the resolution
reads as follows:
RESOLUTION 2024-06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, AUTHORIZING THE TRANSFER OF RETIRED K-9 OFFICER "INDY" TO
SERGEANT BARRY SULLIVAN; AND PROVIDING AN EFFECTIVE DATE.
8. Consider authorizing the Town Manager to negotiate and execute an Interlocal
Cooperative Agreement with Denton County for the Shared Governance
Communications & Dispatch Services System for Police and Fire. (Partick Arata,
Police Chief & Jason Wise, Fire Chief)
Councilmember Beach moved to approve Consent Items 6-8. Mayor Pro Tem
Sheridan seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES: None
VOTE: 7-0
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Town Council Regular Meeting Minutes-April 22, 2024 Page 5
PUBLIC HEARINGS
9. Public hearing and consider an ordinance granting a Specific Use Permit
authorizing alcohol beverage sales for on-premise consumption in conjunction with
a restaurant use at Thai Taste Restaurant located at 2300 E Highway 114, #600
and approximately 230 feet of SH 114. (Matt Cox, Community Development
Director)
Mayor Tiffany opened the public hearing at 7:35 p.m.
Matt Cox, Director of Community Development, provided an overview of the
request stating the application was in compliance with the Town’s regulations.
Chairman Biggs of the Planning and Zoning Commission stated the Commission
unanimously recommended approval of this request.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 7:37 p.m.
Councilmember Beach moved to approve Ordinance 2024-04 granting a Specific
Use Permit authorizing alcohol beverage sales for on-premise consumption in conjunction
with a restaurant use at Thai Taste Restaurant located at 2300 E Highway 114, #600 .
Councilmember Flynn seconded the motion. The caption reads as follows:
ORDINANCE 2024-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A
SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISES
CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE OPERATED BY
THAI TASTE RESTAURANT, 2300 E SH 114 #600 OF TC TOWN CENTER, WITHIN
PD PLANNED DEVELOPMENT NO. 30; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES: None
VOTE: 7-0
10. Conduct a public hearing and consider an ordinance amending Planned
Development 30 (PD-30) to allow for a modification to the development standards
and design of drive-thru facilities on Lot 1, Black A, of Trophy Club Town Center
Addition, C. Medlin Survey, Abstract No. 823, Denton County, Texas. The
Page 45 of 98
Town Council Regular Meeting Minutes-April 22, 2024 Page 6
applicant is TC Town Center 1 LP, and the property is generally located at the
northeast corner of Trophy Club Drive and SH 114 in the Town of Trophy Club,
Denton County, Texas. Denton County Parcel ID 726655 (Matt Cox, Community
Development)
Mayor Tiffany opened the public hearing at 7:38 p.m.
Matt Cox, Director of Community Development, provided an overview of the
request and stated the applicant was requesting an amendment to Planned Development
30 (PD-30) to allow for a revision of the Development Standards to permit for a Quick
Service Restaurant (QSR) without an escape lane. He explained the concept was to
order online and the lane would be utilized for pick-up only.
Chairman Biggs of the Planning and Zoning Commission stated the Commission
unanimously recommended approval of this request.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 7:45 p.m.
There was discussion about the regulations of a pick-up lane.
Councilmember Beach moved to approve Ordinance 2024-05 amending Planned
Development 30 (PD-30) to allow for a modification to the development standards and
design of drive-thru facilities on Lot 1, Black A, of Trophy Club Town Center Addition, C.
Medlin Survey, Abstract No. 823, Denton County, Texas . Councilmember Bauer
seconded the motion. The caption reads as follows:
ORDINANCE 2024-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
SUBSECTION J “DESIGN OF DRIVE-THRU FACILITIES” OF SUBSECTION 2 “TREE
PRESERVATION AND OPEN SPACE” OF SUBSECTION B “SITE DEVELOPMENT”
OF SECTION II “DEVELOPMENT STANDARDS” OF EXHIBIT B “PLANNED
DEVELOPMENT DISTRICT STANDARDS (PD NO. 30)” OF ORDINANCE NO. 2012-04
P&Z, AS AMENDED BY ORDINANCE NOS. 2014-06 AND 2016-11; AMENDING
ORDINANCE NO. 2000-06 THE COMPREHENSIVE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Tiffany, Beach, Monger, Oldham
NAYES: Sheridan
VOTE: 6-1
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Town Council Regular Meeting Minutes-April 22, 2024 Page 7
11. Conduct public hearing and consider an ordinance granting a Specific Use Permit
for a Quick Service Restaurant in an approximate 2,500 square foot proposed
structure on Lot 1, Block A, of Trophy Club Town Center Addition, C. Medlin
Survey, Abstract No. 823, Denton County, Texas. The applicant is TC Town Center
1 LP, and the property is generally located at the northeast corner of Trophy Club
Drive and SH 114 in the Town of Trophy Club, Denton County, Texas. Denton
County Parcel ID 726655 (Matt Cox, Community Development)
Mayor Tiffany opened the public hearing at 7:59 p.m.
Matt Cox, Director of Community Development, stated this item was related to the
previous item discussed and stated per the Planned Development Standards the
applicant was requesting a Specific Use Permit for a Quick Service Restaurant.
Chairman Biggs of the Planning and Zoning Commission stated the Commission
unanimously recommended approval of this request.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 8:02 p.m.
Mayor Pro Tem Sheridan moved to approve Ordinance 2024-06 granting a
Specific Use Permit for a Quick Service Restaurant in an approximate 2,500 square foot
proposed structure on Lot 1, Block A, of Trophy Club Town Center Addition, C. Medlin
Survey, Abstract No. 823, Denton County, Texas. Councilmember Beach seconded the
motion. The caption reads as follows:
ORDINANCE 2024-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A
SPECIFIC USE PERMIT FOR A QUICK SERVICE RESTAURANT FOR TC TOWN
CENTER 1 LP, LOCATED ON LOT 1, BLOCK A OF TROPHY CLUB TOWN CENTER
ADDITION, C. MEDLIN SURVEY, ABSTRACT NO. 823, WITHIN PD PLANNED
DEVELOPMENT NO. 30; PROVIDING FOR EXHIBIT “B” INLCUDING AN AMENDED
SITE PLAN, FLOOR PLAN, ROOF PLAN, EXTERIOR ELEVATIONS, AND
SCHEMATIC DESIGN; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES: None
VOTE: 7-0
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Town Council Regular Meeting Minutes-April 22, 2024 Page 8
12. Conduct a public hearing and consider an ordinance amending the Town’s Code
of Ordinances, Chapter 14, “Zoning”, Division 5, “Supplementary District
Regulations”, Section 14.02.252 “Sale of Alcoholic Beverages” to update
requirements for the sale of Alcohol in the Town. (Tammy Dixon, Town Secretary)
Mayor Tiffany opened the public hearing at 8:07 p.m.
Matt Cox, Director of Community Development explained Trophy Club’s current
code provides for an annual permit and fee and the proposed amendment was to
synchronize the local alcohol permit and fee collection with TABC's two -year permit
renewal schedule. He further explained the amendment would simplify permit tracking
and renewal management process.
Chairman Biggs of the Planning and Zoning Commission stated the Commission
unanimously recommended approval of this request.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 8:09 p.m.
Councilmember Flynn moved to approve Ordinance 2024-07 amending the
Town’s Code of Ordinances, Chapter 14, “Zoning”, Division 5, “Supplementary District
Regulations”, Section 14.02.252 “Sale of Alcoholic Beverages” to update requirements
for the sale of Alcohol in the Town. Councilmember Bauer seconded the motion. The
caption reads as follows:
ORDINANCE 2024-07
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE
OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, CHAPTER 14 “ZONING,”
DIVISION 5, “SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 14.02.252
“SALE OF ALCOHOLIC BEVERAGES” TO UPDATE REQUIREMENTS FOR THE
SALE OF ALCOHOL IN THE TOWN; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES: None
VOTE: 7-0
Page 48 of 98
Town Council Regular Meeting Minutes-April 22, 2024 Page 9
INDIVIDUAL ITEMS
13. Consider authorizing the Town Manager to negotiate and execute a professional
services agreement with John R. McAdams Company for the design, construction
bid, and construction administration of the Trophy Club Dedicated Pickleball
Courts Project in a not-to-exceed amount of $147,000. (Chase Ellis, Parks &
Recreation Director)
Chase Ellis, Director of Parks and Recreation, highlighted the community's
involvement in discussing and planning dedicated pickleball courts over the past two
years. To progress with the project, the town initiated a competitive Request for
Qualifications (RFQ) to seek a qualified firm for schematic layout, design options, design
drawings, construction bid services, and construction management services.
Mr. Ellis stated five submissions were received and assessed by a review team
comprising three staff members and two members of the Parks & Recreation Board Parks
Improvement Subcommittee. The review team recommended the John R. McAdams
Company ("McAdams") as the top choice to provide the requested services based on
their scoring evaluation.
Mr. Ellis answered questions from the Town Council and a discussion ensued
regarding the process moving forward.
Mayor Pro Tem Sheridan moved to authorize the Town Manager to negotiate and
execute a professional services agreement with John R. McAdams Company for the
design, construction bid, and construction administration of the Trophy Club Dedicated
Pickleball Courts Project in a not-to-exceed amount of $147,000, with the understanding
that the process includes at least 3 check-in points for the Town Council to approve the
project moving forward. Councilmember Flynn seconded the motion.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES: None
VOTE: 7-0
14. Consider a resolution repealing the existing Fund Balance Policy in its entirety and
replacing it with the new Financial Reserves Policy. (April Duvall, Finance Director)
April Duvall, Director of Finance, provided a summary of the policy and stated the
revisions discussed at the April 8, 2024, work session were included.
Councilmember Beach moved to approve Resolution 2024-07 repealing the
existing Fund Balance Policy in its entirety and replacing it with the new Financial
Reserves Policy. Councilmember Monger seconded the motion.
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Town Council Regular Meeting Minutes-April 22, 2024 Page 10
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES: None
VOTE: 7-0
Mayor Tiffany adjourned the Town Council meeting 8:26 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 50 of 98
TOWN COUNCIL COMMUNICATION
MEETING DATE: May 13, 2024
FROM:
AGENDA ITEM: Consider approval of the April 26, 2024, Town Council special meeting
minutes. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held a special meeting on April 26, 2024.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 04.26.2024 draft minutes special meeting
ACTIONS/OPTIONS:
Move to approve the April 26, 2024, Town Council special meeting minutes.
Page 51 of 98
Town of Trophy Club Town Council Meeting Minutes
April 26, 2024, 10:30 a.m., Special Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL SPECIAL MEETING TO ORDER
Mayor Tiffany called the special meeting to order at 10:35 a.m.
COUNCILMEMBERS PRESENT
Jeannette Tiffany, Mayor
Dennis Sheridan, Mayor Pro Tem
Stacey Bauer, Councilmember Place 1
Steve Flynn, Councilmember Place 6
LuAnne Oldham, Councilmember Place 5
Jeff Beach, Councilmember Place 2
Karl Monger, Councilmember Place 4
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Matt Cox, Director of Community Development
Patrick Arata, Chief of Police
PUBLIC HEARING
1. Case SUP-24-003 Trophy Club Women's Club Alcohol Sales
Conduct a public hearing and consider an ordinance for a request made by the
Trophy Club Women's Club (TCWC) for a Specific Use Permit for the sales of
alcoholic beverages at the Mother's Day Art and Garden Festival, to be held on
May 10-12, 2024, at Trophy Club Town Center, 2240 SH 114M Trophy Club,
Denton County, Texas.
Mayor Tiffany opened the public hearing at 10:35 a.m.
Matt Cox, Director of Community Development, provided an overview of the
request. He explained the 4th Annual Trophy Club Women's Club (TCWC) Mother's Day
Art and Garden Festival is scheduled for May 10-12, 2024 and the organization submitted
a Specific Use Permit (SUP) application requesting the sale of alcohol for the even t; and
was requesting a waiver of the SUP application fee.
Mr. Cox stated the Planning and Zoning Commission unanimously recommended
approval of this request.
Teryl Flynn, TCWC Festival Chair, provided a summary to the Town Council and
thanked staff and the Town Council for working with the TCWC on this request.
No one spoke in favor or opposition.
Page 52 of 98
Town Council Special Meeting Minutes-April 26, 2024 Page 2
Mayor Tiffany closed the public hearing at 10:38 a.m.
Councilmember Beach moved to approve Ordinance 2024-08 granting a Specific
Use Permit authorizing alcohol beverage sales for on-premise consumption in conjunction
with a restaurant use at Thai Taste Restaurant located at 2300 E Highway 114, #600 .
Councilmember Flynn seconded the motion. The caption reads as follows:
ORDINANCE 2024-08
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A
SPECIFIC USE PERMIT REQUESTED BY THE TROPHY CLUB WOMEN’S CLUB, A
TEXAS NON-PROFIT CORPORATION, AND AUTHORIZED BY THE PROPERTY
OWNER, FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISES
CONSUMPTION IN CONJUNCTION WITH EXISTING RESTAURANT AND RETAIL
USES AT OR NEAR 2240-2300 E SH 114 #600 OF TC TOWN CENTER, WITHIN PD
PLANNED DEVELOPMENT NO. 30; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING APPLICABLE REGULATIONS, DISCONTINUATION, &
REVOCATION; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
VOTE ON THE MOTION
AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham
NAYES: None
VOTE: 7-0
Mayor Tiffany adjourned the Town Council meeting 10:39 a.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 53 of 98
TOWN COUNCIL COMMUNICATION
MEETING DATE: May 13, 2024
FROM: Denise Deprato, Director of Human Resources
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute an
agreement with GovernmentJobs.com, Inc. for a three-year contract amount
of $29,017.08 (d/b/a NEOGOV) for an applicant tracking system. (Denise
Deprato, Director of Human Resources)
BACKGROUND/SUMMARY: The applicant tracking system currently utilized by the Town of
Trophy Club through CivicHR is slated to sunset in September 2024. Recognizing this impending
transition, the Department of Human Resources conducted a request for proposal (RFP)
process, garnering seven proposals. Following evaluations and multiple demonstrations, the
RFP team recommends the GovernmentJobs.com, Inc. (d/b/a NEOGOV) platform to succeed
the current CivicHR applicant tracking system. An applicant tracking system stands as critical
component of the recruitment process facilitating seamless posting of open positions, online
application submissions by candidates, and electronic review of all candidate data by hiring
managers.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The three-year contract amount for the NEOGOV applicant tracking system is
$29,017.08. The first year amount is $11,330.87; year two is $8,162.87; and year three is
$9,523.34. These amounts are budgeted within the Department of Human Resources and the
Information Technology Department.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the agreement to ensure
compliance with all legal requirements and standards.
ATTACHMENTS:
1. GovernmentJobs-NEOGOV Agreement
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to negotiate
and execute an agreement with GovernmentJobs.com, Inc. for a three-year contract amount of
$29,017.08 (d/b/a NEOGOV) for an applicant tracking system.
Page 54 of 98
1
SERVICES AGREEMENT
V071423
You agree that by placing an order through a NEOGOV standard ordering document such as an “Order Form,” “Service Order,”
“Ordering Document,” “SOW,” or other document mutually agreed by the parties in this Agreement (the “Parties”), detailing the
services, pricing, and subscription term (each, an “Order Form” for purposes of this Agreement), you agree to follow and be
bound by the terms and conditions set forth herein. “Governmentjobs.com,” “NEOGOV,” “we,” and “our” means
Governmentjobs.com, Inc. (D/B/A/ NEOGOV), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc.,
Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV” and, where
applicable, its other affiliates; “Customer,” “you,” and “your” means the NEOGOV client, customer, and/or the subscriber
identified in the Order Form), attached hereto as Exhibit C.
“Services Agreement” or the “Agreement” shall be used to collectively refer to this NEOGOV Services Agreement, documents
incorporated herein including the applicable Order Form, each Addendum (as applicable), and Special Conditions (if any).
“Addendum” means each Addendum set forth either as an exhibit attached hereto or otherwise made available at
https://www.neogov.com/service-specifications (the “NEOGOV Site”) and, as applicable, made a part of this Agreement. “Special
Conditions” means individually negotiated variations, amendments, and/or additions to this Service Agreement of which are either
drafted, or incorporated by reference, into the Order Form.
1. Provision of Services. Subject to the terms of this Agreement, NEOGOV hereby agrees to provide Customer with access to its
SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order
Form (collectively referred to as the “Services”). Customer hereby acknowledges and agrees that NEOGOV’s provision and
performance of, and Customer’s access to, the Services is dependent and conditioned upon Customer’s full performance of its
duties, obligations, and responsibilities hereunder. This Agreement entered into as of the earlier of: (i) date of your signature
on an applicable Order Form; or (ii) use of the Services commences (the “Effective Date”). The Agreement supersedes any
prior and contemporaneous discussions, agreements or representations and warranties.
2. SaaS Subscription.
a) Subscription Grant. “SaaS Applications” means each proprietary NEOGOV web-based software-as-a-service application
that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated
components as described in any written service specifications made available to Customer by NEOGOV (the “Service
Specifications”). Subject to and conditioned on Customer’s and its Authorized Users’ compliance with the terms and
conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non-transferable, and non-
sublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS
Applications specified in the Order Form solely for Customer’s internal, non-commercial purposes; (ii) generate, print,
and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized
Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the “SaaS
Subscription”). “Authorized Users” means (1) Customer employees, agents, contractors, consultants (“Personnel”) who
are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services
Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits
(if any) as detailed in the user tier in the applicable Order Form. You may not access the SaaS Applications if you are a
direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of
monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You
shall be responsible for each Authorized User’s access to and use of the SaaS Applications and compliance with
applicable terms and conditions of this Agreement.
b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the
Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this
Agreement (the “Initial Term”). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12)
month terms (each a “Renewal Term” which shall constitute a separate agreement during the Renewal Term’s applicable fiscal
year, and together with the Initial Term, collectively referred to herein as, the “Term”) unless a party delivers to the other
party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice
of such party’s intention to not renew the SaaS Subscriptions, or unless terminated earlier in accordance with this
Agreement. The Term for the Services is a continuous and non-divisible commitment for the full duration regardless of
any invoice schedule. The purchase of any Service is separate from any other order for any other Service. Customer
may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent
on performance of any other Service or delivery of any other Service.
3. Customer Responsibilities. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services
available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its
Authorized Users, unless otherwise agreed in writing by the Parties, (b) sell, resell, license, sublicense, distribute, make
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available, rent, or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless
otherwise agreed in writing by the Parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful
or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other
rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents, or programs intended to do
harm, including, for example, viruses, worms, time bombs, and Trojan horses, (e) interfere with or disrupt the integrity or
performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and
spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble,
reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part,
feature, function, or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices
included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services
in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.
4. Professional Services. “Professional Services” shall mean professional services purchased by Customer as detailed in an
applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable
milestones, dependencies, and other technical specifications or related information. Professional Services may include
training, implementation, and best practices of and concerning the SaaS Applications. Professional Services are subject to the
terms of the Professional Services Addendum made available on the NEOGOV Site and made a part hereof and may be subject
to additional terms pursuant to an SOW and Service Specifications describing, if applicable, the work to be performed, fees,
and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs
must be signed by Customer before NEOGOV shall commence work. If Customer executes a separate SOW, this Agreement
and documents incorporated herein (including but not limited to the Professional Services Addendum) shall control in the
event of a conflict with the terms of the SOW. All Professional Services purchased by Customer must be utilized within twelve
(12) months of the date of the applicable Order Form or SOW.
5. Payment Terms.
a) Fees. Customer shall pay all Subscription, Onboarding, Set-Up fees (“Subscription Fees”) and Professional Service
fees (“Professional Service Fees”, collectively the “Fees”) as set forth in an Order Form within thirty (30) days of the
date of NEOGOV’s invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless
explicitly stated otherwise in an Order Form, all payments due under an Order Form are expressed in and shall be paid
in U.S. dollars. Invoices shall be delivered to the stated “Bill To” party on the Order Form. Unless explicitly provided
otherwise, once placed, the Order Form is non-cancellable and sums paid are nonrefundable. Any invoiced amount that is
not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per
month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than
thirty (30) days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such
amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee count as may be
specified in an Order Form, Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer
exceeds the number of Authorized Users or employees set forth in the Order Form. Except as otherwise specifically
stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal
Term by providing Customer with new pricing at least thirty (30) day notice prior to commencement of a Renewal
Term. The new pricing shall be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV,
(b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing, or (c) the Customer or
any of its Authorized Users access or use the Services after the expiration of the previous Term.
b) Taxes. Customer is a Texas home-rule municipality and is tax exempt under state and federal law.
c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's
convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any
purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included
in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services,
none of the terms and conditions contained in such purchase order shall have any effect or modify or supersede the terms
and conditions of this Agreement. NEOGOV’s failure to object to terms contained in any such purchase order shall not
be a waiver of the terms set forth in this provision or in this Agreement.
6. Term and Termination.
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a) Term. This Agreement shall commence on the Effective Date and shall remain in effect as provided in Section 2(b)
above, or until all SaaS Subscriptions have expired and/or both Parties have achieved full performance of
Professional Services, unless it is terminated earlier in accordance with this Agreement.
b) Termination for Cause; Effect of Termination. Either party may terminate this Agreement immediately if the other is in
material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party’s
written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in
the event the Services or Customer’s use of the Services provided hereunder pose a security risk to the Services,
NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy.
Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of
the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the
Effective Date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement to the
date of Termination. Unless otherwise specified, following ninety (90) days after expiration or termination of the
Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.
7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer’s records, at
NEOGOV’s sole cost and expense, relating to its compliance with this Agreement. Customer shall cooperate fully with this
audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall
within three (3) business days pay to NEOGOV the amount due.
8. Maintenance; Modifications; Support Services.
a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV’s hardware and software infrastructure for the
Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV
may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the
Services during the Term. “Update” means any update, bug fix, patch, or correction of the Services or underlying
NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades.
Updates are automatic and available upon Customer’s next login to the Services following an Update at no additional
cost to Customer. “Upgrade” means any update of the Services or underlying NEOGOV software such as platform
updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV
shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per
customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or
modifications to Customer’s hardware, systems or other software which may be necessary to use or access the Services
due to a modification, Update, or Upgrade of the Services.
b) Program Documentation; Training Materials. “Program Documentation” shall mean all user guides, training, and
implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services.
NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, print, and
distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal
business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by self-
review of online materials. NEOGOV’s pre-built, online training consists of a series of tutorials to introduce the standard
features and functions (the “Training Materials”). The Training Materials may be used as reference material by Customer
Personnel conducting day-to-day activities.
c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials
and is conducted off-site unless otherwise agreed in the Order Form. For an additional fee as detailed on an applicable
Order Form, NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer
questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins
grasp the system. The length of the implementation time is dependent on the type of Service and the Customer’s
responsiveness. NEOGOV is not responsible or liable for any delay or failure to perform implementation caused in whole
or in part by Customer's delay in performing its obligations hereunder and, in the event of any such delay, NEOGOV
may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary.
d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays.
Customer may submit a request for online support for the Services twenty-four (24) hours a day, seven (7) days a week,
and the NEOGOV support desk will acknowledge receipt of the request within reasonable time. The length of time for a
resolution of any problem is dependent on the type of case.
e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any
maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual
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data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process
consultation.
9. NEOGOV Intellectual Property. NEOGOV shall exclusively own all rights, title, and interest in and to all pre-existing and
future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including
any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks,
logos, and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the
“NEOGOV Intellectual Property”). This Agreement does not convey or transfer title or ownership of the NEOGOV
Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other
than recommendation use or as required by law, all use of NEOGOV trademarks must be pre-approved by NEOGOV prior to
use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions
as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name,
whether or not registered.
10. Data Processing and Privacy.
a) Customer Data. “Customer Data” shall mean all data that is owned or developed by Customer, whether provided to
NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV’s provision of Services
to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV.
NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV
Confidential Information, and Platform Data do not fall within the meaning of the term “Customer Data”. Customer
exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host,
use, process, display, create non-personal derivative works of, and transmit Customer Data to provide the Services.
Subject to applicable Texas law, NEOGOV reserves the right to delete or disable Customer Data stored, transmitted, or
published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the
intellectual property rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of
this Agreement.
b) Platform Data. “Platform Data” shall mean any anonymized data reflecting the access to or use of the Services by or on
behalf of Customer or any user, including statistical or other analysis and performance information related to the provision
and operation of the Services including any end user visit, session, impression, clickthrough, or click stream data, as
well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the
foregoing. NEOGOV shall exclusively own all rights, title, and interest in and to all Platform Data. Customer
acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees
that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. Such
anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such
data.
c) .Data Processing Agreement. To the extent Customer uses the Services to target and collect personal information from
users located in the European Union, European Economic Area, or Switzerland (the “EU”), or the United Kingdom
(“UK”), or has Authorized Users accessing the Services from the EU or UK, the terms of the NEOGOV Data
Processing Addendum (“DPA”) made available on the NEOGOV Site is hereby incorporated herein by reference and
made part of this Agreement.
d) Data Responsibilities.
i) NEOGOV will maintain administrative, physical, and technical safeguards for protection of the security,
confidentiality, and integrity of the Customer Data. Those safeguards will include, but will not be limited to,
measures for preventing access, use, modification, or disclosure of Customer Data by NEOGOV personnel except
(a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law,
or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially
reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV’s cloud
infrastructure providers.
ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data,
including but not limited to compliance with applicable laws. NEOGOV will have no responsibility or liability for
the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing,
Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the
accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the privacy of users
of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents
from any individuals to whom Customer Data relates; and (c) the collection, use, modification, alteration, extraction,
retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data.
NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless
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otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly
sensitive data that imposes specific data security or data protection obligations within the Services. Customer shall
provide and institute all appropriate tools and procedures required to ensure the security of its own information
system and, more specifically, to prevent, detect, and destroy the occurrence of any viruses.
e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss, or disclosure of
Customer Data within its custody and control (a “Security Breach”) within seventy-two (72) hours of NEOGOV’s
confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party
will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If
applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach,
Customer shall be responsible for such notification.
f) Data Export, Retention and Destruction. Customer may export or delete Customer Data from the Services at any time
during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible
for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete
Customer Data stored on NEOGOV’s systems using the then existing features and functionality of the Services,
NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy
the Customer Data, with no additional cost associated to Customer. If Customer requires the Customer Data to be
exported in a different format than provided by NEOGOV, such additional services will be subject to a separate
agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no
obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of
this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with
respect to the Customer Data as required by applicable law and NEOGOV disclaims all liability in connection with such
determination. In addition, to the extent Customer requests that NEOGOV retain Customer Data beyond the expiration
of the retention period required by applicable law, rule or regulation, NEOGOV disclaims all liability in in connection
with retaining such Customer Data including but not limited to any claims related to loss or destruction of such
Customer Data.
11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by
third Parties through the Services (“Third Party Services”). Customer agrees that NEOGOV is not the original source and shall
not be liable for any inaccuracies contained in any content provided in any of the Third-Party Services. NEOGOV makes no
representations, warranties, or guarantees with respect to the Third-Party Services or any content contained therein. NEOGOV
may discontinue access to any Third-Party Services through the Services if the relevant agreement with the applicable third
party no longer permits NEOGOV to provide such access. If loss of access to any Third-Party Services (to which Customer
has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid
fees for such Third-Party Services covering the remainder of the Subscription Term.
12. Nondisclosure.
a) Definition of Confidential Information. “Confidential Information” means all information disclosed by a party
(“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential
or that reasonably should be understood to be confidential given the nature of the information and the circumstances of
disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information
includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the
terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans,
technology and technical information, product plans and designs, and business processes disclosed by such party.
However, Confidential Information does not include any information that (a) is or becomes generally known to the public
without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure
by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party
without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving
Party.
b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own
confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the
Disclosing Party for any purpose outside the scope of this Agreement; and (iii) except as otherwise authorized by the
Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees
and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality
agreements with the Receiving Party containing protections not less protective of the Confidential Information than those
herein.
c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled
by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the
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extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest
the disclosure.
d) Equitable Relief. The Parties recognize and agree there is no adequate remedy at law for breach of the provisions of the
confidentiality obligations set forth in this Section 12, that such a breach would irreparably harm the Disclosing Party
and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to
any such breach or potential breach in addition to any other remedies available to it at law or in equity.
13. Representations, Warranties, and Disclaimers.
a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority
under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the
execution, delivery, and performance of this Agreement by such party does not conflict with any agreement,
instrument, or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or
regulation of any court, governmental body, or administrative or other agency having jurisdiction over it.
b) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level
of care and skill and in a professional manner in accordance with generally recognized industry standards for similar
services.
c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION,
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT
ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS
AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND
ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY
SECURE, OR THAT ANY ERROR WILL BE CORRECTED.
d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT
CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE
INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES
PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD
PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS
THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL
ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT
GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND
ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD-
PARTY SERVICES.
e) No Medical Advice. Through certain Services, NEOGOV may make certain telehealth related information available to
Customer and/or facilitate user access to telemedicine, expert medical services, and/or emergency medical services.
NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such
healthcare providers’ acts, omissions, or for any content or communications made by them. The Services do not provide
medical advice and do not create a healthcare provider/patient relationship between Customer and NEOGOV or
otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute
medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical
conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR
ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER TREATMENT OR INFORMATION
THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES.
14. Indemnification.
a) Customer Indemnity. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT WAIVING ANY
GOVERNMENTAL IMMUNITY OR ABROGATING ANY POLICE POWER OR LEGISLATIVE AUTHORITY
OF CUSTOMER, CUSTOMER WILL DEFEND AND INDEMNIFY NEOGOV FROM AND AGAINST ANY
CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT AGAINST NEOGOV (I) BY A THIRD
PARTY ALLEGING THAT ANY CUSTOMER DATA INFRINGES OR MISAPPROPRIATES SUCH THIRD
PARTY'S INTELLECTUAL PROPERTY RIGHTS, (II) IN CONNECTION WITH CUSTOMER’S VIOLATION OF
ANY APPLICABLE LAWS, OR (III) ANY CLAIM OR ALLEGATION BY ANY THIRD PARTY RESULTING
FROM OR RELATED TO CUSTOMER’S OR ANY OF ITS AUTHORIZED USER’S BREACH OF SECTION 3 OF
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THIS AGREEMENT. THIS INDEMNITY AND DEFENSE OBLIGATION SHALL NOT BE CONSTRUED AS
REQUIRING THE CUSTOMER TO APPROPRIATE FUNDING OR ESTABLISH A SINKING FUND, AND ANY
OBLIGATION OR DEMAND FOR THE CUSTOMER TO PAY ITS OBLIGATIONS, WHETHER INDEMNITY OR
DEFENSE, FROM CURRENT OF FUTURE REVENUES SHALL BE CONSTRUED AS CREATING AN
UNCONSTITUTIONAL DEBT IN VIOLATION OF TEXAS LAW.
b) NEOGOV Indemnity. SUBJECT TO SUBSECTIONS 14(B)(I) THROUGH 14(B)(III) AND 14(C) OF THIS
SECTION, IF A THIRD PARTY MAKES A CLAIM AGAINST CUSTOMER THAT ANY NEOGOV
INTELLECTUAL PROPERTY FURNISHED BY NEOGOV AND USED BY CUSTOMER INFRINGES A THIRD
PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEOGOV WILL DEFEND THE CUSTOMER AGAINST THE
CLAIM AND INDEMNIFY THE CUSTOMER FROM THE DAMAGES AND LIABILITIES AWARDED BY THE
COURT TO THE THIRD-PARTY CLAIMING INFRINGEMENT OR THE SETTLEMENT AGREED TO BY
NEOGOV. IN ADDITION TO THE FOREGOING SENTENCE. NEOGOV SHALL DEFEND, INDEMNIFY, AND
HOLD HARMLESS CUSTOMER, FROM ANY AND ALL THIRD-PARTY LIABILITY, ACTIONS, CLAIMS,
DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF,
OR RESULTING FROM ANY NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF NEOGOV, EMPLOYEES,
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. THE PARTIES
AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF SUCH CLAIM. NEOGOV’S
INDEMNITY DOES NOT EXTEND TO ANY LOSS ARISING FROM (I) THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY OF THE INDEMNIFIED PARTIES; (II) THIRD-PARTY MATERIALS OR DATA; (III)
ACCESS TO OR USE OF NEOGOV’S MATERIALS IN COMBINATION WITH ANY HARDWARE, SYSTEM,
SOFTWARE, NETWORK, OR OTHER MATERIALS OR SERVICE NOT PROVIDED BY NEOGOV OR
SPECIFIED FOR CUSTOMER’S USE IN THE DOCUMENTATION; (IV) MODIFICATION OF NEOGOV’S
MATERIALS OTHER THAN BY OR ON BEHALF OF NEOGOV; OR WITH NEOGOV’S WRITTEN APPROVAL
IN ACCORDANCE WITH NEOGOV’S WRITTEN SPECIFICATION; OR (V) FAILURE TO TIMELY
IMPLEMENT ANY MODIFICATIONS, UPGRADES, REPLACEMENTS, OR ENHANCEMENTS. THIS SECTION
SETS FORTH CUSTOMER’S SOLE REMEDIES AND NEOGOV’S SOLE LIABILITY AND OBLIGATION FOR
ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS. FOR AVOIDANCE OF DOUBT, THE PROVISIONS
OF SECTION 15 (LIMITATION OF LIABILITY) OF THE AGREEMENT ARE NOT INTENDED TO BE
ABROGATED OR MODIFIED BY THE FOREGOING PROVISIONS OF THIS SECTION 14.
i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third
party’s intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or
obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may
end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months
that would have remained, absent such early termination, following the Effective Date of such early termination.
ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service
Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service
Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered
current version of the Services or Service Specifications which was provided to Customer, or if the Customer
continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer
to the extent that an infringement claim is based upon any information, design, specification, instruction, software,
data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an
infringement claim that is based upon the combination of Service or Service Specifications with any products or
services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer’s
actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the
Agreement would not otherwise infringe any third-party intellectual property rights.
iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or
damages against NEOGOV.
c) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i)
promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonably with indemnifying party, at
the indemnifying party’s expense, in the defense and/or settlement thereof; and (iii) allow the indemnifying party to
control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party’s
prior written consent, enter into any settlement that does not unconditionally release the indemnified party from liability.
The indemnified party shall have the right to participate in any defense of a claim and/or to be represented by counsel of
its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the
indemnifying party.
15. Limitations of Liability.
a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
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EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS
SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS
OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT,
INABILITY TO USE OR LOSS, OR INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE,
CORRUPTION, RECOVERY OF DATA, BREACH OF DATA, OR SYSTEM SECURITY; (d) COST OF
REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR
PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE
OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE.
b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT
BE LAWFULLY EXCLUDED OR LIMITED, OR CUSTOMER’S OBLIGATIONS TO MAKE PAYMENT UNDER
THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS
AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL
OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY
RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH
PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE
EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer
and a third party, if any subpoena or other legally binding request related to such litigation or court proceeding is served to
NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness
in any capacity or provide testimony with respect to Customer’s documentation, Customer shall reimburse NEOGOV for its
out-of-pocket costs associated with compliance with such request.
17. Text Message Communications. NEOGOV may offer personnel the opportunity to receive text messages regarding job
application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text
message services depend on the functionality of third-party providers, there may be technical delays on the part of those
providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate
information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable
for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions
taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of
any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be
responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your
use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF
TELECOMMUNICATION SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE
TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR
FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
18. Except as otherwise required by law, regulation, or the party’s internal requirements (i.e., customer lists for auditing
purposes), neither party shall, without the prior written consent of the other party, use in any advertising, publicity, or
otherwise, the name, trademark, logo, symbol, other image of the other party or any of its affiliates, departments, directors,
officers, employers, or agents.
19. Force Majeure. Neither party shall be liable for any damages, costs, expenses, or other consequences incurred by the other
party or by any other person or entity for any act, circumstance, event, impediment, or occurrence beyond such party’s
reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule,
regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies
or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the
part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or (j) any other
cause beyond the reasonable control of such party.
20. Independent Contractor; No Third-Party Beneficiary; Fulfillment Partners. The relationship of the Parties shall be deemed to
be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a
joint venture by the Parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that
nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.
This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party
Page 62 of 98
9
whether referred to herein or not. NEOGOV may designate any third-party affiliate, or other agent or subcontractor (each a
“Fulfillment Partner”), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any
Services.
21. Entire Agreement; Amendment; Addendum. This Services Agreement, the exhibits attached hereto, each Addendum (as may
be applicable pursuant to the terms therein) and documents incorporated herein, the applicable Order Form, and Special
Conditions (if any) constitute the entire Agreement between the Parties with respect to the subject matter hereof and
supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the Parties with respect
to such subject matter. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall
supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any
conflict of terms shall be resolved by giving priority in accordance with the following order: (1) Special Conditions (if any),
(2) NEOGOV Order Form, (3) the NEOGOV Services Agreement, and (4) incorporated documents (including the exhibits
and each applicable Addendum). This Agreement supersedes the terms and conditions of any clickthrough agreement
associated with the Services. This Agreement may not be modified or amended (and no rights hereunder may be waived)
except through a written instrument signed by the Parties to be bound. If you are subscribing for the HRIS or PowerEngage
Platform, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site.
22. General.
a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state
of Texas, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall
be instituted only in any state or federal court in Denton County, Texas.
b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or
eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect.
Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment,
acknowledgements, and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and
limitations of liability, and others which by their nature are intended to survive.
c) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to
have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight
courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage
prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the
Order Form and (ii) NEOGOV at the address specified in the applicable Order Form.
d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive
any subsequent breach by such party of the same or a different kind.
e) Electronic Delivery. Delivery of a copy of this Agreement or an Order Form bearing an original signature by electronic
mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the
original signature.
f) Assignment. The Parties may not assign this Agreement without the express written approval. Any attempt at
assignment in violation of this Section shall be null and void. For purposes of clarity, any merger, consolidation, or
reorganization involving NEOGOV (regardless of whether NEOGOV is a surviving or disappearing entity) will not be
considered a transfer of rights, obligations, or performance under this Agreement, and NEOGOV will provide written
notice, but is not required to obtain consent from Customer.
g) Construction. The Parties intend this Agreement to be construed without regard to any presumption or rule requiring
construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The
exhibits, addendum, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to
the same extent as if they were set forth verbatim herein.
[Remainder of the page left intentionally blank. Signature page to follow.]
Page 63 of 98
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set
forth below, and consent to the Agreement.
Customer GovermentJobs.com, Inc. (D/B/A/ NEOGOV), on behalf of
itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc.,
Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD,
LLC (D/B/A Agency360)
Entity Name:
Signature:
Signature:
Print Name:
Print Name:
Date:
Date:
Attestation: _____________________________________
Tammy Dixon, Secretary
Page 64 of 98
11
Exhibit A
Government Customer Addendum
If Customer is a Government Customer, the following Government Customer Addendum (“Government Addendum”) forms part
of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum
and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a
“Government Customer” means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department,
or political subdivision (including a city, county, or municipal corporation), or (c) instrumentality of any of the foregoing (including
a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university,
Indian tribal economic development organization, or port authority).
1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the
Services Agreement.
2. Termination for Non-Appropriation of Funds. If Customer is subject to federal, state, or local law which makes
Customer’s financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the
applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient
due to failure of such appropriation, then Customer will have the right to terminate the Services Agreement at no
additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide
at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure
appropriated funds are available.
3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to defend, hold harmless, or
indemnify third parties or NEOGOV, Section 14(a) and the indemnification provision included in Section 17 of the
Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.
4. Open Records. If the Customer is subject to federal or state public records laws, including laws styled as open records,
freedom of information, or sunshine laws (“Open Records Laws”) the confidentiality requirements of Section 12 of the
Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section
is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation,
the requirement for the Customer to provide notice and opportunity for NEOGOV to assert an exception to disclosure
requirements in accordance with the applicable Open Records laws.
5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i)
federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices
thereof); (ii) any business enterprise in which a federal, state, local, tribal, or other municipal entity has a full, majority,
or other controlling interest; and/or (iii) any public school (including without limitation K-12 schools, colleges,
universities, and vocational schools) (collectively referred to as the “New Entity”) may purchase the Services specified
herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New
Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in
accordance with the terms of the contract established between the New Entity and NEOGOV. With respect to any
purchases by a New Entity pursuant to this Section, Customer: (i) shall not be construed as a dealer, re-marketer,
representative, partner, or agent of any type of NEOGOV, or such New Entity; (ii) shall not be obligated, liable, or
responsible for any order made by New Entities or any employee thereof under the Agreement or for any payment
required to be made with respect to such order; and (iii) shall not be obliged, liable, or responsible for any failure by
any New Entity to comply with procedures or requirements of applicable law or to obtain the due authorization and
approval necessary to purchase under the Agreement. Termination of this Agreement shall in no way limit NEOGOV
from soliciting, entering into, or continuing a contractual relationship with any New Entity. Any New Entity who
purchases Services under this Section hereby represents that is has the authority to use this Services Agreement for the
purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations
applicable to the New Entity.
6. Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer
pursuant to this Agreement, the term “subcontractors” shall exclude subcontractors (i) who perform routine software
development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any
Page 65 of 98
12
access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV’s or
Customer’s systems.
Page 66 of 98
13
Exhibit B
Integration Terms Addendum
NEOGOV offers integrations and platform APIs for integrations to third party systems (“Integration Services”). Customer
may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following
terms (the “Integration Terms Addendum”) shall apply to the extent that Customer utilizes a system integration between the
Services and either: (a) an affiliated integrated service, including those found at
https://api.neogov.com/connect/marketplace.html and/or https://apidocs.powerdms.com (“Affiliated API”) or (b) to the
extent that Customer utilizes a system integration between the Services and an unaffiliated third-party service (“Customer
Application”) integrated using NEOGOV’s open API (“Open API”). Integration Services are not available for HRIS Services
and this Exhibit B shall not apply to HRIS Services.
1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this
Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable
license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open
API for communication between Customer’s human resource related third party application(s) that will interoperate
with NEOGOV Services (collectively these uses shall be referred to as the “API” or “Integration”). Customer
acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not
expressly granted. Customer may not use the API for any other purpose without our prior written consent. Customer
may not share the API with any third party, must keep the API and all log-in information secure, and must use the API
key as Customer sole means of accessing the API.
2. Integration Intellectual Property. All rights, title, and interest in the API and any and all information, data, documents,
materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property,
software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements, and
other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All rights,
title, and interest in and to the third-party materials, including all intellectual property rights therein, are and will remain
with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license
agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under
such third-party license agreements.
3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary
notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates
any intellectual property right or other right of any person, or that violates any applicable law; combine or integrate the
API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer
Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end
users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to
replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or
the identity of Customer Application(s) when requesting authorization to use the API.
4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications,
and Customer third-party vendors that integrate with the API (collectively the “Customer Applications”), shall comply
with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards,
and requirements that may be posted on https://api.neogov.com/connect/index.html and/or
https://apidocs.powerdms.com from time to time. In addition, Customer will not use the API in connection with or to
promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in
spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass
distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or
descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen
products, and items used for theft, hazardous materials, or any illegal activities.
5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV
reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of
performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations
under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from
the information technology designed, developed, and under then current control of NEOGOV. NEOGOV shall have no
obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties
of which are outside NEOGOV control.
6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and access
the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants set forth
in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein.
Page 67 of 98
14
Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the start of each
Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term.
7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process.
Customer agrees to monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or
any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior.
This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may
update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the
most recent version(s). You are required to make any such changes to Customer Applications that are required for
integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer
Applications communicate with the Services.
8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to
be made in too short a period of time, as-determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to
throttle your API connections, or suspend or terminate your access to the Open API. NEOGOV shall use reasonable
efforts to provide Customer notice and reasonable time to cure prior to taking such actions.
9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT
WILL NEOGOV BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT,
LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION,
INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY
DAMAGES. , IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR
DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE
BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH
CLAIM.
10. Open API Termination. Notwithstanding the additional termination rights herein, NEOGOV may immediately
terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or
without notice or cause. In addition, your Open API subscription will terminate immediately and automatically
without ’any notice if you violate any of the terms and conditions of this Agreement.
Page 68 of 98
Exhibit C
Order Form
NEOGOV Customer:
Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
billing@neogov.com
Sales Rep: Sydney Carter
Trophy Club, Town of (TX)
100 Municipal Dr
Trophy Club, TX 76262-5420
USA
Quote Valid From: 5/7/2024 Quote Number: Q-15087
Quote Valid To: 5/15/2024 PaymentTerms: Annual,Net 30
Subscription Term in Months: 36
Employee Count: 115
Order Summary
Year 1 10% off Year 1 Annual Subscriptions, 40% off Implementation costs
Service Description Type Start Date End Date Term Price (USD)
Insight Subscription RECURRING $5,726.70
Insight Setup ONE-TIME $3,168.00
Governmentjobs.com Subscription RECURRING $1,890.90
Candidate Text Messaging Subscription RECURRING $545.27
Year 1 TOTAL: $11,330.87
Year 2 10% off Year 2 Annual Subscriptions
Service Description Type Start Date End Date Term Price (USD)
Insight Subscription RECURRING $5,726.70
Governmentjobs.com Subscription RECURRING $1,890.90
Candidate Text Messaging Subscription RECURRING $545.27
Year 2 TOTAL: $8,162.87
Page 69 of 98
Year 3
Service Description Type Start Date End Date Term Price (USD)
Insight Subscription RECURRING $6,681.15
Governmentjobs.com Subscription RECURRING $2,206.05
Candidate Text Messaging Subscription RECURRING $636.14
Year 3 TOTAL: $9,523.34
ORDER TOTAL (USD) : $29,017.08
Page 70 of 98
A. Terms and Conditions
1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned
upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed
hereto or the version most recently published prior to execution of this Ordering Form available at
https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used
but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services
Agreement.
2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering
Document until it has been signed by its authorized representative (the “Effective Date”). Unless
otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the
Effective Date. This Ordering Document may not be modified or amended except through a written
instrument signed by the parties.
3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order
shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.
4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict
with the Services Agreement, applicable Schedules, and Service Specifications.
B. Special Conditions (if any).
"Trophy Club, Town
of (TX)"
Signature:
Print Name:
Date:
Page 71 of 98
TOWN COUNCIL COMMUNICATION
MEETING DATE: May 13, 2024
FROM: Chase Ellis, Director of Parks & Recreation
AGENDA ITEM: Conduct a public hearing and consider an ordinance amending the Town's
Code of Ordinances, Section 1.08.001, Youth Programs Standards of Care, of
Division 1, Generally of Article 1.08, Parks and Recreation, of Chapter 1,
General Provisions updating the Standards of Care for Youth Recreation
Programs. (Chase Ellis, Director or Parks and Recreation)
BACKGROUND/SUMMARY: The State of Texas Department of Family and Protective Services
administers state regulations and general licensing procedures for all child-care facilities.
Municipalities are exempt from the licensing requirement for programs provided for
elementary-aged youth so long as the Town Council annually adopts local standards of care by
ordinance after a public hearing.
Additionally, the following criteria must be met in order to receive the exemption:
• The standards of care must be provided to the parents of each program participant.
• The ordinance must include, at a minimum: staffing ratios; staff qualifications; facility,
health, and safety standards; and mechanisms for monitoring and enforcing the
adopted local standards.
• Parents must be informed that the program is not operated or advertised as a licensed
daycare. The request for the exemption is necessary as the Town currently offers
different day camps and programs throughout the year for elementary-age youth (5 to
13 years of age).
Minor revisions have been made to the 2024 Standard of Care ordinance. Below is a summary
of recommended changes:
• The program site has been changed to the Trophy Club Municipal Utility District Annex
Building.
• The positions of camp director and camp counselors have been updated to recreation
lead and recreation aides, respectively.
• The employee supervision and camp management responsibility has been updated to
be under the care of the recreation superintendent.
• Minor wording edits have been made as recommended by the Town Attorney.
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BOARD REVIEW/CITIZEN FEEDBACK: The Park Board reviewed the 2024 Stardards of Care
ordinance at their April 15, 2024 meeting and unanimously recommended approval of the
ordinance to the Town Council.
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft ordinance as to form and
legality.
ATTACHMENTS:
1. Draft Ordinance 2024 Youth Programs Standards of Care - Redlines
2. Draft Ordinance 2024 Youth Programs Standards of Care - FINAL (002)
ACTIONS/OPTIONS:
Staff recommends that the Town Council conduct the public hearing and move to approve the
ordinance amending the Town's Code of Ordinances, Section 1.08.001, Youth Programs
Standards of Care, of Division 1, Generally of Article 1.08, Parks and Recreation, of Chapter 1,
General Provisions updating the Standards of Care for Youth Recreation Programs.
Page 73 of 98
“Section 1 .08.001 Youth Programs Standards of Care.
(a) Purpose. The following Youth Programs Standards of Care (the “Standards of Care”) are
intended to be the minimum standards by which the Town Parks and Recreation
Department will operate the Town'sTown’s Youth Programs. These programs
operated by the Town are recreational in nature and are not licenselicensed by the
State of Texas, nor operated as day care programs. Adoption of these Standards of
Care will allow the Town to qualify as being exempt from the licensing requirements of
the Texas Human Resources Code, sectionin accordance with Section 42.041(b)
()(14).
(b) Definitions. For the purpose of this division, the following terms, phrases, words, and
their derivation shall have the meaning given herein:
Department. Town of Trophy Club Parks and Recreation Department.
Director. Town of Trophy Club Parks and Recreation Director or designee.
Employee or Counselor. Someone A person who has been hired to work for the Town of
Trophy Club and has been assigned responsibility for managing, administering, or
implementing some portion of the Town of Trophy Club'sTown’s Youth Programs.
Parent(s). A parent or guardian who has legal custody and authority to enroll a child in
the Town of Trophy Club's summer programsTown’s Youth Programs.
Parent Handbook. Booklet of camp policies, procedures, required forms,
organizational, and programming materials relevant to the summer programsTown’s
Youth Programs.
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Participant. A youth whose parent(s) have completed all required registration
procedures and who has been determined to be eligible for the Town of Trophy Club's
summer programsTown’s Youth Programs.
Program Site. Medlin Middle School or Beck Elementary Trophy Club Municipal
Utility District’s Annex Building.
Recreation Coordinator of Sports and Programs. Town of Trophy Club's. The Town’s full
-time programmer who has been assigned administrative responsibility for the Town of
Trophy Club's summer program or Town’s Youth Program or designee.
Recreation Coordinator of Events. Who will handle administrativeSuperintendent. The
Town’s full-time supervisor who has been assigned managerial responsibility for the
Town of Trophy Club's summer program in the Recreation C o o r d i n a t o r s o f
S p o r t s a n d P r o g r a m s absenceTown’s Youth Program or designee.
Summer Adventure Camp. Town of Trophy Club youth camp program The Town’s
Youth Program during the summer.
Town. Town of Trophy Club.
Town Council. Town Council of the Town of Trophy Club.
Youth Program or Program. A town-sponsored recreational program for youth that
may be offered by the park and recreation departmentDepartment after school, during
the summer, during holidays, or during inter sessionintersession. The term does not
include any program or activity to which attendees are free to come and go at will
without regard to the presence of a parent or other responsible adult to care for them.
(c) General Information/Administration.
(1) The governing body of the Town of Trophy Club Youth ProgramsProgram is the
Town of Trophy Club Town Council.
(2) Implementation of the Standards of Care for Youth Programs is the responsibility
of the Parks and Recreation Director and Parks and Recreation Department
employees.
(3) The Standards of Care apply to all Youth Programs operated by the Department
including, but not limited to:, the Summer Adventure Camp Programs.
(4) Town Hall will have available for public review aA current copy of the Standards
of Care shall be made available for public view at Town Hall and the Program
Site.
(5) Parents of participants will be provided access to a current copy of the Standards
of Care through the Town's web siteTown’s website.
Page 75 of 98
(6) Criminal background checks will be conducted on prospective Youth Program
employees, when applicable. If results of thatthe criminal check indicate that an
applicant has been convicted of any of the following offenses, he or she will not be
considered for employment:
(A) A felony or misdemeanor classified as an offense against a person or
family;
(B) A felony or misdemeanor classified as public indecency;
(C) A felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(D) Any offense involving moral turpitude; or
(E) Any offense that is deemed to potentially put the Town of Trophy Club or
Youth Program participants at risk.
(7) Standards of Care Review: Standards will be reviewed annually and approved by
ordinance by the Town Council after a public hearing is held to pass an ordinance
regarding sectionin accordance with Section 42.041(b) ()(14) of the Texas Human
Resources Code.
(d) Inspection/Monitoring/Enforcement.
Standards of care established by the Town of Trophy Club will be monitored and
enforced by the Town Departments responsible for their respective areas as identified
below.
(1) Health and safety standards will be monitored and enforced by the Town'sTown’s
Police, Fire, and Code Enforcement Departments, as requiredapplicable.
(2) The Recreation Coordinator of Sports and Programs will make twice weekly visual
inspections of the programProgram.
(3) Complaints regarding enforcement of the Standards of Care shall be directed to the
summer camp directorRecreation Lead.Superintendent. The Recreation
Coordinator of Sports and Programs Superintendent will be responsible to take the
necessary steps to address the complaint and resolve the problem, if any.
Complaints regarding enforcement of the Standards of Care and resolution of
complaints arising under the Standards of Care shall be recorded by the Recreation
Coordinator of Sports and Programs. Superintendent. All complaints regarding
enforcement of the Standards of Care where a deficiency is noted will be forwarded
to the Director of Parks and Recreation with the complaint and the resolution noted.
Page 76 of 98
(e) Enrollment. Before a child may become a participant, a parent/guardian must complete
and sign registration forms that contain information pertaining to the participant and their
parent(s). TheAll of the following information must be provided:
(1) Name, address, homeand telephone number;
(2) Parent/Guardian'sGuardian’s name, address, and telephone numbers during
program hours;
(3) Emergency contacts including names and phone number during program hours;
(4) Names and driver'sdriver’s license numbers of people to whom the child may be
released;
(5) A statement of the child'schild’s special problems, needs, or medical conditions;
(6) Emergency medical authorization;
(7) Permission for field trips; and
(8) Liability Waiver.
(f) Suspected Abuse.
(1) Program employees willmust report suspected child abuse or neglect in accordance
with the Texas Family Code. In the case where a Town employee is involved in an
incident with a child that could be construed as child abuse, the incident must be
reported immediately to the Recreation Coordinator of Sports and Programs and
Recreation Coordinator of Events. The Recreation Coordinator of Sports and
Programs Superintendent or Director. The Recreation Superintendent or Director will
immediately notify the Police Department and any other agency as may be
appropriate.
(2) Texas state law requires the staff of these youth programsPrograms to report any
suspected abuse or neglect of a child to the Texas Department of Protective and
Regulatory Services or a law enforcement agency. Failure to report suspected abuse
is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential
reports may be made by calling 1-800-252-5400.
(g) Staffing - Responsibilities and Training.
(1) Recreation Coordinator of Sports and ProgramsSuperintendent and Recreation Coordinator
of Events:
(A) The Recreation Coordinator of Sports and Programs Superintendent and
Recreation Coordinator of Events assigned are full-time, professional
employees of the Town of Trophy Club Parks and Recreation Department
and will be required to have all the same qualifications as outlined in
Subsection (g)(2).
Page 77 of 98
(B) The Recreation Coordinator of Sports and ProgramsSuperintendent and
Recreation Coordinator of Events must meet the minimum education/experience
requirements for employment with the Town of Trophy Club to plan and implement
recreation activities.
(C) The Recreation Coordinator of Sports and ProgramsSuperintendent and
Recreation Coordinator of Events must be able to pass a background investigation
including a test for illegal substances.
(D) The Recreation Superintendent and Recreation Coordinator of Sports and
Programs and Recreation Coordinator of Events must have a current
certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All
certifications must be current during the camp operation of the Program.
(E) The Recreation Superintendent is responsible for managing and administering all
aspects of the Program operations in Compliance with the adopted Standards of
Care.
(E)(F) The Recreation Coordinator of Sports and Programs and Recreation
Coordinator of Events areis responsible for administeringproviding
administrative support for the programs'Programs’ daily operations in
compliance with the adopted Standards of Care.
(F)(G) The Recreation Coordinator of Sports and ProgramsSuperintendent is
responsible for hiring, supervising, and evaluating the summer director,
summer assistant directors Recreation LeadLeaders and Recreation Aides.
(H) The Recreation Coordinator of Sports and Programs Superintendent is
responsible for managing and overseeing the planning, implementation, and
evaluation of the Programs.
(G)(I) The Recreation Coordinator is responsible for assisting with the
planning, implementing, and evaluating programsthe Programs.
(2) Youth Program Staff:
(A) The Program employees include director, assistant directors, and counselors
Recreation LeadsLeaders and Recreation Aides.
(B) Program employees may be full-time, part-time, or seasonal employees of the
Parks and Recreation DepartmentTown.
(C) Program employees shall be age 16 or older. However; however, each
siteProgram Site will have at least one employee age 21 or older on site at all
times.
(D) Program employees should consistently exhibit competency, good judgment,
and self-control when working with participants.
(E) Program employees must relate totreat participants with courtesy, respect,
tolerance, and patience.
Page 78 of 98
(F) Program employees must have a current certification in First Aid, Cardio
Pulmonary Resuscitation (CPR) and AED. All certifications must be current
during the camp operation of the Program.
(G) Program employees must pass a background investigation when applicable,
including testing for illegal substances.
(H) Program employees will be responsible for providing participants with an
environment in which they can feel safe, enjoy wholesome recreation activities,
and participate in appropriate social opportunities with their peers.
(I) Program employees will be responsible to know and adhere to all Town,
Departmental, and youth programProgram standards as well as policies and
procedures that apply to the youth programsPrograms.
(J) Program employees must ensure that participants are only released to a parent
or authorized person, designated by the parent or guardian. If a parent wishes
their child to sign himself in or out without a parent or authorized person
available, then the parent must provide specific, written authorization.
(3) Training and Orientation:
(A) The departmentDepartment is responsible for providing training and orientation
to programProgram employees in working with children and for specific job
responsibilities.
(B) Program employees will be provided with a staff manual.
(C) Program employees must be familiar with the Standards of Care for Youth
Programs as adopted by the Town Council.
(D) Program employees must be familiar with the program policies including discipline,
guidance, and release of participants as outlined in the staff manual.
(E) Program employees will be trained with appropriate procedures to handle
emergencies.
(F) Program employees will be trained in areas including Town departmental program
policies, procedures, leading activities, and safety issues.
(G) Program employees will be required to sign an acknowledgement that they have
received the required training.
(h) Operations
(1) Staff to Participant Ratio.
(A) The standard ratio of participants to staff is 1:15 based on average daily
attendance. In the event a programProgram employee is unable to report to the
Page 79 of 98
program siteProgram Site, the Recreation Coordinator of Sports and Programs will
assign a replacement.
(B) Program employees are responsible for being aware of the
participants'participants’ habits, interests, and special needs as identified by the
participant's'participants’ parent/(s)/guardian(s) during the registration process.
(2) Discipline.
(A) Program employees will implement discipline and guidance in a consistent manner
based on the best interest of programProgram participants.
(B) There will be no cruel treatment or harsh punishment. of Program participants.
(B)
(C) Program employees may use brief, supervised separation from the group if
necessary.
(D) As necessary, program employees will initiate behavior reports to the parents or
guardians of participants. Parents will be asked to the sign the behavior reports to
indicate they have been advised about specific problems or incidents.
(E) A sufficient number and/or severe nature of a discipline report(s) as indicated in
the program manual may result in a participant being suspended from the
programProgram.
(F) In instances where there is a danger to other participants or staff, offending
participants will be removed from the program siteProgram Site as soon as
possible.
(3) Programmi ng.
(A) Program employees will attempt to provide activities for each group according to
participants'the participants’ age, interests, and abilities. The activities will be
appropriate to participants'the participants’ health, safety, and well-being. The
activities must be flexible and promote the participantsparticipants’ emotional,
social, and mental growth.
(B) Program employees will attempt to provide indoor and outdoor time periods to
include:
(i) Alternating active and passive activities;
(ii) Opportunity for individual, small and large group activities,; and
(ii)
(iii) Outdoor time each day as weather permits.
(C) Program employees will be attentive and considerate of the
participants'participants’ safety on field trips and during any transportation
provided by the programProgram.
(i) During trips, program employees must have access to emergency medical
Page 80 of 98
forms and emergency contact information for each participant;
(ii) Program employees must have a written list of participants in the group and
must check the roll frequently, specifically before departure to and from any
location; and
(iii) Program employees must have first aid supplies and emergency care
available on field trips.
(4) Communication.
(A) Each program siteProgram Site will have access to a telephone for use in
contacting Department staff or making emergency calls.
(B) The Recreation Coordinator of Sports and Programs will make available all
of the following telephone numbers to all employees at each site:
(B)
(i) Emergency services
(ii) Trophy Club Police Department dispatch
(iii) Parks and Recreation Department
(iv) Poison Control
(v) Numbers at which parents/guardiansparent(s)/guardian(s) may be
reached
(vi) Recreation Coordinator of Sports and Programs
(vii) Recreation Coordinator of Events
(viii) Telephone and address for the program siteProgram Site itself
(ix) Field trip destinations
(5) Transportation.
(A) Before a participant can be transported to and from Town-sponsored
activities, the field trip release statement must be markedsigned by thea
parent/guardian on the registration form.
(B) First aid supplies will be available in all programProgram vehicles that
transport children.
(C) AlI program vehicles used for transporting participants must have available a
portable fire extinguisher and must be accessible to the adult occupants.
(D) Seatbelts must be worn at all times when the vehicle is being operated and
when provided.
Page 81 of 98
(i) Facility Standards
(1) Safety.
(A) Program employees will inspect the program siteProgram Site daily to detect
sanitation and safety concerns that might affect the health and safety of the
participants. A weekly inspection report will be completed by the
programProgram employees and kept on file by the Recreation Coordinator of
Sports and Programs.
(B) Buildings, grounds, and equipment on the program siteProgram Site will be
inspected, cleaned, repaired, and maintained to protect the health of the
participants.
(C) Program equipment and supplies should be safe for the participants'participants’
use.
(C)
(D) Program must have first aid supplies readily available at each site, during
transportation to an off-site activity, and for the duration of the off-site activity.
(E) Air conditioners, electric fans, and heaters must be mounted out of participants
reach or have safeguards that keep participants from being injured.
(2) Fire.
(A) In case of fire, danger, explosion or other emergency, program employees'the
Program employees’ first priority is to evacuate the participants to a designated
safe area.
(B) Each program siteProgram Site must have at least one (1) fire extinguisher
approved by the Town’s fire marshal readily available to all programProgram
employees.
(C) All programProgram employees will be trained in proper use of fire
extinguishers as well as locations of fire extinguishers through the program
siteProgram Site.
(3) Illness or Injury.
(A) A participant who is considered by the Director to be a health or safety
concern to other participants or employees will not be admitted to the
programProgram.
(B) Illnesses or injuries will be handled in a manner to protect the health of all
participants and employees.
(C) Program employees will follow plans to provide emergency care for injured
participants with symptoms of an acute illness as specified in the
programProgram manual.
Page 82 of 98
(D) Program employees will follow the recommendation of the Texas Department
of State Health Services concerning the admission or readmission of any
participant after a communicable disease.
(4) Medication.
(A) Parent/(s)/guardian(s) must complete and sign a medication release that
provides authorization for programProgram staff to dispense medication with
details as to times and dosages. The release will include a release and hold
harmless exculpatory clause to protect the Town.
(B) Prescription medications must be in the original containers labeled with the
participants'participant’s name, a date, directions, and the physician's name.
The prescribing physician must provide written guidelines. Program
employees will administer medication only as stated on the label. Program
employees will not administer medication after the expiration date.
(C) Non-prescription medications are labeled with the participant'sparticipant’s
name and the date the medication was brought to the youth program.Program.
Non- prescription medication must be in the original container. The
programProgram employees will administer medication only according to the
label directions and with written parental or guardian permission.
(D) Medications dispensed will be limited to those not requiring special knowledge
or skills on the part of the programProgram employees.
(E) Program employees will ensure medications are inaccessible to participants.
If necessary, medication will be kept in the refrigerator.
(5) Special Needs.
(A) Every reasonable accommodation will be made to address special needs
participants and participants with disabilities.
(B) For health and safety reasons, special needs or disabled participants must
provide a personal attendant for assistance in feeding, changing of clothes,
and using the restroom if needed.
(6) Toilet Facilities.
(A) The program siteProgram Site will have toilets located inside and equipped so
participants can use them independently and programProgram employees can
monitor as needed.
(B) There must be one (1) flush toilet for every thirty (30) participants. Urinals may be
counted in the ratio of toilets to participants, but must not exceed 50% of the total
number of toilets.
(C) An appropriate and adequate number of lavatories will be provided.
Page 83 of 98
(7) Sanitation.
(A) Program sitesSites must have adequate light, ventilation, air conditioning, and
heat.
(B) The programProgram must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and ensure that it
will be supplied in a safe and sanitary matter.
(C) Employees must see that garbage is removed from buildings daily..”
Page 84 of 98
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
SECTION 1.08.001 ENTITLED “YOUTH PROGRAMS STANDARDS OF CARE”
OF CHAPTER 1, ARTICLE 1.08 “PARKS AND RECREATION”, DIVISION 1 OF
THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, TO AMEND
AND ADOPT THE “YOUTH PROGRAMS STANDARDS OF CARE”;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality
acting under its Town Charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, pursuant to the Town Charter and Texas law, the Town Council is
empowered to adopt ordinances and rules for the good government of the Town; and
WHEREAS, pursuant to Section 42.041(b)(14) of the Texas Human Resources Code,
the Town is required to abide by the established requirements for exempting recreational
programs operated by municipalities for elementary-age (ages 5-13) children from childcare
licensing requirements; and
WHEREAS, in order for the Town to receive exempt status for a youth recreation
program, the Town must adopt the standards of care by ordinance after a public hearing for
the program; and
WHEREAS, the Town Council desires to amend the “Youth Programs Standards of
Care” codified in Section 1.08.001 of the Code of Ordinances, Town of Trophy Club, Texas;
and
WHEREAS, the Town Council hereby finds and determines, in the exercise of its
governmental functions and legislative authority, that adopting this ordinance is in the best
interest of the Town and the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAI NED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Page 85 of 98
ORDINANCE NO. 2024-XX PAGE 2
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Section 1.08.001 of the Code of Ordinances, Town of Trophy Club, Texas, entitled “Youth
Programs Standards of Care” of Chapter 1 “General Provisions”, of Article 1.08 “Parks and
Recreation”, of Division 1 “Generally”, is hereby amended and replaced in its entirety to adopt
and establish the new “Youth Programs Standards of Care” to read as follows:
“Section 1 .08.001 Youth Programs Standards of Care.
(a) Purpose. The following Youth Programs Standards of Care (the “Standards of Care”) are
intended to be the minimum standards by which the Town Parks and Recreation
Department will operate the Town’s Youth Programs. These programs operated by
the Town are recreational in nature and are not licensed by the State of Texas, nor
operated as day care programs. Adoption of these Standards of Care will allow the
Town to qualify as being exempt from the licensing requirements of the Texas Human
Resources Code, in accordance with Section 42.041(b)(14).
(b) Definitions. For the purpose of this division, the following terms, phrases, words, and
their derivation shall have the meaning given herein:
Department. Town of Trophy Club Parks and Recreation Department.
Director. Town of Trophy Club Parks and Recreation Director or designee.
Employee or Counselor. A person who has been hired to work for the Town and has been
assigned responsibility for managing, administering, or implementing some portion of the
Town’s Youth Programs.
Parent(s). A parent or guardian who has legal custody and authority to enroll a child in
the Town’s Youth Programs.
Parent Handbook. Booklet of camp policies, procedures, required forms, organizational,
and programming materials relevant to the Town’s Youth Programs.
Participant. A youth whose parent(s) have completed all required registration procedures
and who has been determined to be eligible for the Town’s Youth Programs.
Program Site. Trophy Club Municipal Utility District’s Annex Building.
Recreation Coordinator. The Town’s full-time programmer who has been assigned
administrative responsibility for the Town’s Youth Program or designee.
Recreation Superintendent. The Town’s full-time supervisor who has been assigned
Page 86 of 98
ORDINANCE NO. 2024-XX PAGE 3
managerial responsibility for the Town’s Youth Program or designee.
Summer Adventure Camp. The Town’s Youth Program during the summer.
Town. Town of Trophy Club.
Town Council. Town Council of the Town.
Youth Program or Program. A town-sponsored recreational program for youth that may
be offered by the Department after school, during the summer, during holidays, or during
intersession. The term does not include any program or activity to which attendees are
free to come and go at will without regard to the presence of a parent or other responsible
adult to care for them.
(c) General Information/Administration.
(1) The governing body of the Youth Program is the Town Council.
(2) Implementation of the Standards of Care for Youth Programs is the responsibility of
the Parks and Recreation Director and Parks and Recreation Department employees.
(3) The Standards of Care apply to all Youth Programs operated by the Department
including, but not limited to, the Summer Adventure Camp.
(4) A current copy of the Standards of Care shall be made available for public view at
Town Hall and the Program Site.
(5) Parents of participants will be provided access to a current copy of the Standards of
Care through the Town’s website.
(6) Criminal background checks will be conducted on prospective Youth Program
employees, when applicable. If results of the criminal check indicate that an applicant
has been convicted of any of the following offenses, he or she will not be considered
for employment:
(A) A felony or misdemeanor classified as an offense against a person or
family;
(B) A felony or misdemeanor classified as public indecency;
(C) A felony or misdemeanor violation of any law intended to control the possession
or distribution of any controlled substance;
(D) Any offense involving moral turpitude; or
(E) Any offense that is deemed to potentially put the Town or Youth Program
participants at risk.
(7) Standards of Care Review: Standards will be reviewed annually and approved by
ordinance by the Town Council after a public hearing is held in accordance with
Section 42.041(b)(14) of the Texas Human Resources Code.
(d) Inspection/Monitoring/Enforcement.
Standards of Care established by the Town will be monitored and enforced by the Town
Page 87 of 98
ORDINANCE NO. 2024-XX PAGE 4
Departments responsible for their respective areas as identified below.
(1) Health and safety standards will be monitored and enforced by the Town’s Police,
Fire, and Code Enforcement Departments, as applicable.
(2) The Recreation Coordinator of Sports and Programs will make twice weekly visual
inspections of the Program.
(3) Complaints regarding enforcement of the Standards of Care shall be directed to the -
Recreation Superintendent. The Recreation Superintendent will be responsible to take
the necessary steps to address the complaint and resolve the problem, if any.
Complaints regarding enforcement of the Standards of Care and resolution of
complaints arising under the Standards of Care shall be recorded by the Recreation
Superintendent. All complaints regarding enforcement of the Standards of Care where
a deficiency is noted will be forwarded to the Director with the complaint and the
resolution noted.
(e) Enrollment. Before a child may become a participant, a parent/guardian must complete
and sign registration forms that contain information pertaining to the participant and their
parent(s). All of the following information must be provided:
(1) Name, address, and telephone number;
(2) Parent/Guardian’s name, address, and telephone numbers during program
hours;
(3) Emergency contacts including names and phone number during program hours;
(4) Names and driver’s license numbers of people to whom the child may be released;
(5) A statement of the child’s special problems, needs, or medical conditions;
(6) Emergency medical authorization;
(7) Permission for field trips; and
(8) Liability Waiver.
(f) Suspected Abuse.
(1) Program employees must report suspected child abuse or neglect in accordance with
the Texas Family Code. In the case where a Town employee is involved in an incident
with a child that could be construed as child abuse, the incident must be reported
immediately to the Recreation Superintendent or Director. The Recreation
Superintendent or Director will immediately notify the Police Department and any
other agency as may be appropriate.
(2) Texas law requires the staff of these Programs to report any suspected abuse or
neglect of a child to the Texas Department of Protective and Regulatory Services or
a law enforcement agency. Failure to report suspected abuse is punishable by fine up
to $1,000 and/or confinement up to 180 days. Confidential reports may be made by
Page 88 of 98
ORDINANCE NO. 2024-XX PAGE 5
calling 1-800-252-5400.
(g) Staffing - Responsibilities and Training.
(1) Recreation Superintendent and Recreation Coordinator:
(A) The Recreation Superintendent and Recreation Coordinator assigned are full-time,
professional employees of the Town and will be required to have all the
same qualifications as outlined in Subsection (g)(2).
(B) The Recreation Superintendent and Recreation Coordinator must meet the
minimum education/experience requirements for employment with the Town to plan
and implement recreation activities.
(C) The Recreation Superintendent and Recreation Coordinator must be able to pass
a background investigation including a test for illegal substances.
(D) The Recreation Superintendent and Recreation Coordinator must have a current
certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All
certifications must be current during the operation of the Program.
(E) The Recreation Superintendent is responsible for managing and administering all
aspects of the Program operations in Compliance with the adopted Standards of
Care.
(F) The Recreation Coordinator is responsible for providing administrative support
for the Programs’ daily operations in compliance with the adopted Standards of
Care.
(G) The Recreation Superintendent is responsible for hiring, supervising, and
evaluating Recreation Leaders and Recreation Aides.
(H) The Recreation Superintendent is responsible for managing and overseeing
the planning, implementation, and evaluation of the Programs.
(I) The Recreation Coordinator is responsible for assisting with the planning,
implementing, and evaluating the Programs.
(2) Youth Program Staff:
(A) The Program employees include Recreation Leaders and Recreation Aides.
(B) Program employees may be full-time, part-time, or seasonal employees of the
Town.
(C) Program employees shall be age 16 or older; however, each Program Site will
have at least one employee age 21 or older on site at all times.
(D) Program employees should consistently exhibit competency, good judgment,
and self-control when working with participants.
Page 89 of 98
ORDINANCE NO. 2024-XX PAGE 6
(E) Program employees must treat participants with courtesy, respect, tolerance, and
patience.
(F) Program employees must have a current certification in First Aid, Cardio
Pulmonary Resuscitation (CPR) and AED. All certifications must be current
during the operation of the Program.
(G) Program employees must pass a background investigation when applicable,
including testing for illegal substances.
(H) Program employees will be responsible for providing participants with an
environment in which they can feel safe, enjoy wholesome recreation activities,
and participate in appropriate social opportunities with their peers.
(I) Program employees will be responsible to know and adhere to all Town,
Departmental, and Program standards as well as policies and procedures that
apply to the Programs.
(J) Program employees must ensure that participants are only released to a parent
or authorized person, designated by the parent or guardian. If a parent wishes
their child to sign in or out without a parent or authorized person available, then
the parent must provide specific, written authorization.
(3) Training and Orientation:
(A) The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities.
(B) Program employees will be provided with a staff manual.
(C) Program employees must be familiar with the Standards of Care as adopted by the
Town Council.
(D) Program employees must be familiar with the program policies including discipline,
guidance, and release of participants as outlined in the staff manual.
(E) Program employees will be trained with appropriate procedures to handle
emergencies.
(F) Program employees will be trained in areas including Town departmental program
policies, procedures, leading activities, and safety issues.
(G) Program employees will be required to sign an acknowledgement that they have
received the required training.
(h) Operations
(1) Staff to Participant Ratio.
(A) The standard ratio of participants to staff is 1:15 based on average daily
attendance. In the event a Program employee is unable to report to the Program
Page 90 of 98
ORDINANCE NO. 2024-XX PAGE 7
Site, the Recreation Coordinator of Sports and Programs will assign a replacement.
(B) Program employees are responsible for being aware of the participants’ habits,
interests, and special needs as identified by the participants’ parent(s)/guardian(s)
during the registration process.
(2) Discipline.
(A) Program employees will implement discipline and guidance in a consistent manner
based on the best interest of Program participants.
(B) There will be no cruel treatment or harsh punishment of Program participants.
(C) Program employees may use brief, supervised separation from the group if
necessary.
(D) As necessary, program employees will initiate behavior reports to the parents or
guardians of participants. Parents will be asked to the sign the behavior reports to
indicate they have been advised about specific problems or incidents.
(E) A sufficient number and/or severe nature of a discipline report(s) as indicated in
the program manual may result in a participant being suspended from the Program.
(F) In instances where there is a danger to other participants or staff, offending
participants will be removed from the Program Site as soon as possible.
(3) Programmi ng.
(A) Program employees will attempt to provide activities for each group according to
the participants’ age, interests, and abilities. The activities will be appropriate to the
participants’ health, safety, and well-being. The activities must be flexible and
promote the participants’ emotional, social, and mental growth.
(B) Program employees will attempt to provide indoor and outdoor time periods to
include:
(i) Alternating active and passive activities;
(ii) Opportunity for individual, small and large group activities; and
(iii) Outdoor time each day as weather permits.
(C) Program employees will be attentive and considerate of the participants’ safety
on field trips and during any transportation provided by the Program.
(i) During trips, program employees must have access to emergency medical
forms and emergency contact information for each participant;
(ii) Program employees must have a written list of participants in the group and
must check the roll frequently, specifically before departure to and from any
location; and
Page 91 of 98
ORDINANCE NO. 2024-XX PAGE 8
(iii) Program employees must have first aid supplies and emergency care
available on field trips.
(4) Communication.
(A) Each Program Site will have access to a telephone for use in contacting
Department staff or making emergency calls.
(B) The Recreation Coordinator will make available all of the following telephone
numbers to all employees at each site:
(i) Emergency services
(ii) Trophy Club Police Department dispatch
(iii) Parks and Recreation Department
(iv) Poison Control
(v) Numbers at which parent(s)/guardian(s) may be reached
(vi) Recreation Coordinator of Sports and Programs
(vii) Recreation Coordinator of Events
(viii) Telephone and address for the Program Site itself
(ix) Field trip destinations
(5) Transportation.
(A) Before a participant can be transported to and from Town-sponsored
activities, the field trip release statement must be signed by a parent/guardian
on the registration form.
(B) First aid supplies will be available in all Program vehicles that transport
children.
(C) AlI program vehicles used for transporting participants must have available a
portable fire extinguisher and must be accessible to the adult occupants.
(D) Seatbelts must be worn at all times when the vehicle is being operated and
when provided.
(i) Facility Standards
(1) Safety.
(A) Program employees will inspect the Program Site daily to detect sanitation and
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safety concerns that might affect the health and safety of the participants. A
weekly inspection report will be completed by the Program employees and
kept on file by the Recreation Coordinator of Sports and Programs.
(B) Buildings, grounds, and equipment on the Program Site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
(C) Program equipment and supplies should be safe for the participants’ use.
(D) Program must have first aid supplies readily available at each site, during
transportation to an off-site activity, and for the duration of the off-site activity.
(E) Air conditioners, electric fans, and heaters must be mounted out of participants
reach or have safeguards that keep participants from being injured.
(2) Fire.
(A) In case of fire, danger, explosion or other emergency, the Program employees’
first priority is to evacuate the participants to a designated safe area.
(B) Each Program Site must have at least one (1) fire extinguisher approved by the
Town’s fire marshal readily available to all Program employees.
(C) All Program employees will be trained in proper use of fire extinguishers as
well as locations of fire extinguishers through the Program Site.
(3) Illness or Injury.
(A) A participant who is considered by the Director to be a health or safety
concern to other participants or employees will not be admitted to the Program.
(B) Illnesses or injuries will be handled in a manner to protect the health of all
participants and employees.
(C) Program employees will follow plans to provide emergency care for injured
participants with symptoms of an acute illness as specified in the Program
manual.
(D) Program employees will follow the recommendation of the Texas Department
of State Health Services concerning the admission or readmission of any
participant after a communicable disease.
(4) Medication.
(A) Parent(s)/guardian(s) must complete and sign a medication release that
provides authorization for Program staff to dispense medication with details
as to times and dosages. The release will include a release and hold
harmless exculpatory clause to protect the Town.
(B) Prescription medications must be in the original containers labeled with the
participant’s name, a date, directions, and the physician's name. The
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prescribing physician must provide written guidelines. Program employees will
administer medication only as stated on the label. Program employees will not
administer medication after the expiration date.
(C) Non-prescription medications are labeled with the participant’s name and the
date the medication was brought to the Program. Non- prescription medication
must be in the original container. The Program employees will administer
medication only according to the label directions and with written parental or
guardian permission.
(D) Medications dispensed will be limited to those not requiring special knowledge
or skills on the part of the Program employees.
(E) Program employees will ensure medications are inaccessible to participants.
If necessary, medication will be kept in the refrigerator.
(5) Special Needs.
(A) Every reasonable accommodation will be made to address special needs
participants and participants with disabilities.
(B) For health and safety reasons, special needs or disabled participants must
provide a personal attendant for assistance in feeding, changing of clothes,
and using the restroom if needed.
(6) Toilet Facilities.
(A) The Program Site will have toilets located inside and equipped so participants
can use them independently and Program employees can monitor as needed.
(B) There must be one (1) flush toilet for every thirty (30) participants. Urinals may be
counted in the ratio of toilets to participants, but must not exceed 50% of the total
number of toilets.
(C) An appropriate and adequate number of lavatories will be provided.
(7) Sanitation.
(A) Program Sites must have adequate light, ventilation, air conditioning, and heat.
(B) The Program must have an adequate supply of water meeting the standards of the
Texas Department of Health for drinking water and ensure that it will be supplied
in a safe and sanitary matter.
(C) Employees must see that garbage is removed from buildings daily.”
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other provisions of ordinances of the Town,
except where the provisions of this Ordinance are in direct conflict with the provisions of such
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ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations of the
provisions of any other ordinance affecting the subject matter of this Ordinance within the Town
which have accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances same shall not be affected by this Ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses, and words of this Ordinance are
severable, and if any section, paragraph, sentence, phrase, clause, or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the caption
and Effective Date of this Ordinance if required by Section 3.16 of the Town’s Charter.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 13th day of May 2024.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
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TOWN COUNCIL COMMUNICATION
MEETING DATE: May 13, 2024
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider the selection of a Mayor Pro Tem. (Brandon Wright, Town Manager)
BACKGROUND/SUMMARY: In accordance with Section 3.07 of the Town's Charter, the Council,
at its first meeting after the election, shall elect one of its members as Mayor Pro Tem. The
Mayor Pro Tem shall perform all the duties of the Mayor in the absence or disability of the
Mayor. Any Council Member may be nominated to serve as Mayor Pro Tem. To comply with
the Town's Home Rule Charter, the Town Council will consider selection of a member of the
Town Council to serve as Mayor Pro Tem until the next Town election.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 3.07 Mayor Pro Tem
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to nominate a Council Member(s) to serve as
Mayor Pro Tem and to vote on nominations received.
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§3.07.Mayor Pro-Tem.
The Council, at its first meeting after election of Councilmembers, shall elect one of its
number as Mayor Pro Tem. He shall perform all the duties of the Mayor in the absence or
disability of the Mayor.
Town of Trophy Club, TX
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