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10.28.2024 TC Agenda Packet TOWN OF TROPHY CLUB MEETING AGENDA TOWN COUNCIL 1 Trophy Wood Drive Trophy Club, Texas 76262 October 28, 2024 6:00 PM Council Chambers CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM WORK SESSION ITEM 1. Presentation and discussion regarding the overnight parking restriction ordinance. (Brandon Wright, Town Manager) ADJOURN WORK SESSION CALL REGULAR MEETING TO ORDER (immediately following Work Session or 7:00 p.m., whichever is later) INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member Pledge of Allegiance to the American Flag Pledge of Allegiance to the Texas Flag PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter pursuant to Texas Government Code 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 three (3) 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 2. Proclamation to designate November 1, 2024, as Arbor Day. 3. Trophy Club Activity Center 4. Working for You... Trophy Club Page 1 of 203 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 This part of the agenda consists of non-controversial, or "housekeeping" items required by law. Items may be removed from Consent by any council member by making such request prior to a motion and vote. 5. Consider approval of the October 14, 2024, Town Council work session and regular meeting minutes. (Tammy Dixon, Town Secretary) 6. Consider authorizing the Town Manager to negotiate and execute a professional services agreement with BrightWatch for the installation and maintenance of a Town-wide security camera system in the amount of $194,644.09. (Patrick Arata, Chief of Police) 7. Consider authorizing the Town Manager to negotiate and execute a purchase and installation contract with Glass Doctor of Carrollton, TX for the purchase of ballistic safety glass at the Town Hall and the Police Department in the amount of $46,195.95. (Patrick Arata, Chief of Police) 8. Consider a resolution directing the Town Manager to utilize an additional $90,000 dedicated to Town Hall Building Improvements to provide security enhancements for Town Facilities. (April Duvall, Director of Finance) 9. Consider authorizing the Town Manager to negotiate and execute a purchase agreement with Reliable Chevrolet for a 2024 Chevy Silverado 1500 in the amount of $52,901.55. (Jason Wise, Fire Chief). 10. Consider authorizing the Town Manager to negotiate and execute a short-term lease agreement with Flex Financial, a division of Stryker Sales, LLC, for a 61-month lease agreement in a total amount of $534,401.70 requiring six annual lease payments of $89,066.95. (Jason Wise, Fire Chief) 11. Consider a reimbursement resolution providing for the Town's intent to reimburse itself with future debt proceeds for capital expenditures to be incurred. (April Duvall, Director of Finance) 12. Consider a resolution adopting the Boards and Commissions Manual and repealing Resolution 2018-08. (Tammy Dixon, Town Secretary) Page 2 of 203 INDIVIDUAL ITEMS 13. Consider an ordinance of the Town of Trophy Club, Texas amending Chapter 1 "General Provisions", Article 1.04 "Boards, Commissions, and Committees", of the Code of Ordinances to establish the Trophy Club Council for Arts and Culture. (Tamara Smith, Assistant to the Town Manager) 14. Consider a resolution of the Town Council of the Town of Trophy Club, Texas, approving the Trophy Club Council for the Arts and Culture Operating Procedures. (Tamara Smith, Assistant to the Town Manager) 15. Consider authorizing the Town Manager to negotiate and execute a professional service agreement with Parkhill in the amount of $244,065 with an additional $5,000 allowance for reimbursable expenses for the engagement, development, and implementation of the Town of Trophy Club Comprehensive Parks and Recreation Master Plan. (Chase Ellis, Director of Parks & Recreation) 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: October 23, 2024, at 5:00 p.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. /s/ Tammy Dixon 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. Page 3 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Brandon Wright, Town Manager AGENDA ITEM: Presentation and discussion regarding the overnight parking restriction ordinance. (Brandon Wright, Town Manager) BACKGROUND/SUMMARY: In 1986, the town established an overnight parking restriction that prohibits parking of motor vehicles, trailers, and recreational vehicles on public streets and rights-of-way between 3:00 am and 5:00 pm, referred to as "Restricted Hours." The Chief of Police has the authority to grant permission for parking during these hours under specific conditions, such as submitting a notice by 5:00 pm the day before and limiting approval to seven consecutive days within a 30-day period. Temporary Parking Permits can be issued during Restricted Hours for up to 90 consecutive days within a year, provided there are four or more registered vehicles at the address. Only one permit can be issued per residence, and it must be displayed prominently in the vehicle. Certain vehicles, including semi-trailers and non-operable vehicles, are ineligible for these permits. The Town previously issued Annual Parking Permits, which have been discontinued since January 1, 2016, though existing permits remain valid under specific conditions, including being non-transferable and valid only at the originally issued address. Recent resident feedback highlights concerns about the restrictions, particularly regarding the inability to expand driveways for additional vehicles and the challenges of daily vehicle rearrangement.In support for the current restrictions, residents have also expressed safety concerns related to children and emergency vehicle access. If the Town Council desires options to allow more flexibility to those will concerns that the current ordinance is too restrictive, some suggested solutions include increasing flexibility for last-minute parking, allowing the issuance of Temporary Parking Permits to twice a year, and potentially reinstating Annual Parking Permits with neighbor approval requirements. Overall, while some residents support the current ordinance, they seek modifications to better accommodate their needs while ensuring safety and maintaining street aesthetics. The Town Council Workshop will focus on reviewing and discussing the current ordinance and its history, parking data, roadway measurements, resident feedback, and possible changes. Staff will seek direction from the Town Council regarding any necessary changes. BOARD REVIEW/CITIZEN FEEDBACK: Citizen feedback has been incorporated into the presentation for this workshop item. Page 4 of 203 FISCAL IMPACT: There is no financial impact associated with this workshop item. LEGAL REVIEW: N/A ATTACHMENTS: 1. Presentation ACTIONS/OPTIONS: This workshop item is being presented for discussion and feedback purposes only. No action will be taken by the Town Council during the workshop. Any recommendations will be presented at future Town Council Meetings for consideration. Page 5 of 203 Overnight Parking Ordinance Review October 28, 2024, Work Session Page 6 of 203 Agenda: Current Ordinance & History Parking Data Roadway Measurements Resident Feedback Possible Changes Page 7 of 203 Current Ordinance & History Page 8 of 203 The restriction on overnight parking was created in 1986. •Meeting minutes over several years and discussions on this topic suggest the following objectives to the overnight parking restriction •Maintaining aesthetically pleasant streets •Ensuring emergency vehicle access •Safety for residents Ordinance Purpose Page 9 of 203 “It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home, other recreational vehicle, or boat along or upon any public highway, street, alley or other public right-of-way located within the town between the hours of 3:00 am and 5:00 pm.” These hours are known as “Restricted Hours.” Parking Restriction Page 10 of 203 The Chief of Police has the authority to allow parking during Restricted Hours •Permission may be granted under the following conditions: •A notice must be submitted to the Chief of Police or designee no later than 5:00 p.m. the day prior •Approval shall not exceed seven (7) consecutive days within any thirty (30) day period •Parking must be directly in front of the residence Special Permission Page 11 of 203 The Chief of Police has the authority to grant a Temporary Parking Permit during Restricted Hours. •Issued for a period not to exceed 90 consecutive days within a one-year period •Individuals who meet the qualifications for a temporary parking permit must purchase the permit from the Town. The following conditions apply: •A parking permit will only be issued if there are four (4) or more vehicles registered at the address. •A maximum of one (1) temporary parking permit may be issued per address. •The permit must be displayed in the front windshield of the vehicle so that it is clearly visible from the outside. Temporary Parking Permit Page 12 of 203 Some motor vehicles are ineligible for a Restricted Hours Temporary Parking Permit: •Semi-Trailers •Trailers •Truck -Tractors •Non-operable Motor Vehicles Additional Limitations Page 13 of 203 Parking Fees Page 14 of 203 The Town previously issued Annual Parking Permits. They were similar to Temporary Parking Permits, but they were valid for the entire year. •The Town stopped issuing Annual Parking Permits on January 1, 2016. Existing permits have been honored with conditions: •Existing annual permits are not transferable •Existing annual permits are only valid at the originally issued address •Existing annual permits are only valid if fee payments are current Prior to January 1, 2016 Page 15 of 203 Annual Parking Permit •Requirements •Three (3) or more vehicles registered to the address •Limited to two (2) annual permits per address •Parked in front of the address with the permit •Prohibited from blocking other driveways •$100 annual renewal permit fee Previous Annual Parking Permits Page 16 of 203 Parking Data Page 17 of 203 Current Parking Permits Issued Annual Parking Permits: •2024: 4 Homes Temporary Parking Permits: •2022: 6 Homes •2023: 6 Homes •2024: 6 Homes to Date Current Parking Data Page 18 of 203 Current Parking Violations Current Parking Data Page 19 of 203 From January-September 2024 (Annual Data) Current Parking Data # of Violations # of Households Percentage 1 629 75.51% 2 134 16.09% 3 36 1.68% 4 14 1.08% 5 9 1.08% 6 5 0.60% 7 1 0.12% 8 1 0.12% 9 2 0.24% 10 1 0.12% 11 0 0.00% 12 1 0.12% Page 20 of 203 Roadway Measurements for Emergency Vehicles Page 21 of 203 Narrower Residential Roadways •26 feet from curb to curb Average SUV Width •6 to 8 feet Average Fire Truck Width •10 feet 10 + 7 + 7 = 24 ft (only 2 feet extra) Firetruck + SUV + SUV Emergency Vehicles Page 22 of 203 Resident Feedback Page 23 of 203 March 2024 Meeting with Concerned Residents •Concerns •Town/HOA restrictions prohibit expansion of driveways for additional vehicles •Residents have 4 or more vehicles for limited number of years •Forgetting to rearrange vehicles every evening •Possible Solutions •More flexibility for last-minute parking •Increase allowance for 90-day passes to twice per year •Bring back annual permit Resident Feedback Page 24 of 203 Multiple Residents Expressed Support for Current Ordinance •Concerns with Any Changes •Feels unsafe for children around parked cars •Concern for emergency vehicles •Want to avoid streets looking cluttered with cars Resident Feedback Page 25 of 203 Possible Changes Page 26 of 203 •Allow the 90-day Temporary Parking Permit to be issued twice per year. •Aligns with higher violation periods (Winter & Summer breaks) •Reinstitute the Annual Parking Permit •Could require that a certain number of abutting households approve of the annual parking permit as a condition for receiving it. (Similar to a zoning change process with protesting properties within a certain distance.) Possible Changes Page 27 of 203 •Leave current parking ordinance unchanged •Consider expanding the current 90-day Temporary Parking Permit •Consider re-instating the Annual Parking Permit •Other ideas? Options Page 28 of 203 social media | email | website Page 29 of 203 Office of the Mayor Proclamation WHEREAS: in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS: Arbor Day is now observed throughout the nation and the world; and WHEREAS: trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS: trees in our Town increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS: trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Jeannette Tiffany, Mayor of the Town of Trophy Club, Texas, and on behalf of the Trophy Club Town Council do hereby proclaim November 1, 2024, as “ARBOR DAY” In the Town of Trophy Club and urge all citizens to support efforts to protect our trees and woodlands by planting more trees to promote the well-being of our generation and future generations. ________________________________________ Jeannette Tiffany, MAYOR Page 30 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Tammy Dixon, Town Secretary AGENDA ITEM: Consider approval of the October 14, 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 October 14, 2024. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: There is no financial impact associated with this agenda item. LEGAL REVIEW: N/A ATTACHMENTS: 1. 10.14.2024 draft minutes ACTIONS/OPTIONS: Move to approve the October 14, 2024, Town Council work sessin and regular meeting minutes. Page 31 of 203 Town of Trophy Club Town Council Meeting Minutes October 14, 2024, 6:00 p.m., Work Session 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. COUNCIL MEMBERS PRESENT Jeannette Tiffany, Mayor Steve Flynn, Mayor Pro Tem Stacey Bauer, Council Member Place 1 Jeff Beach, Council Member Place 2 Dennis Sheridan, Council Member Place 3 Rhylan Rowe, Council Member Place 4 (arrived at 6:03 p.m.) LuAnne Oldham, Council Member Place 5 STAFF MEMBERS PRESENT Brandon Wright, Town Manager Tammy Dixon, Town Secretary Dean Roggia, Town Attorney Jason Wise, Fire Chief Patrick Arata, Chief of Police April Duvall, Director of Finance Matt Cox, Director of Community Development Denise Deprato, Director of Human Resources Chase Ellis, Director of Parks and Recreation Jill Lind, Director of Communications and Marketing Tamara Smith, Assistant to the Town Manager WORK SESSION ITEM 1. Discussion on draft Boards and Commissions Manual, the proposed Town Council Rules and Procedures Manual, and the Appointed Officials Evaluation Policy. (Brandon Wright, Town Manager and Tammy Dixon, Town Secretary) Town Manager Wright led the discussion, with the primary focus on receiving feedback to revise the draft documents, particularly the Town Council Rules and Procedures Manual. Council members provided input on several sections of the draft manual, requesting clarifications and suggesting changes. Key topics of discussion included council member participation in community activities, public comments, and the application of Robert's Rules of Order. Due to time constraints, it was agreed that the Town Council Rules and Procedures Manual would be revisited in a future work session. The Board and Commission Manual will be placed on the next meeting agenda for consideration. Page 32 of 203 Town Council Meeting Minutes – October 14, 2024 Page 2 ADJOURN WORK SESSION Mayor Tiffany adjourned the work session to order at 7:02 p.m. CALL REGULAR MEETING TO ORDER Mayor Tiffany called the regular meeting to order at 7:07 p.m. INVOCATION Pastor Joel Quilé, Bara Church, delivered the invocation. PLEDGES Council Member Rowe led the Pledge of Allegiance to the American and Texas Flags. PUBLIC COMMENTS There was none. PRESENTATIONS 2. Recognition of Eric G. Ransleben, retired Municipal Judge Mayor Tiffany read a proclamation recognizing Judge Ransleben and presented him with a commemorative plaque in honor of his service and retirement. 3. Police Department badge pinning ceremony. (Patrick Arata, Chief of Police) Chief Arata welcomed new police officers Jackson Wallace, Cristian Torez, and Andrew Tarnowski. Judge Bradley administered the Oaths of Office, followed by the badge pinning ceremony. COMMUNITY SPOTLIGHT 4. Northwest Independent School District Superintendent Update Dr. Mark Foust, Superintendent of Northwest ISD, provided an update to the Town Council, covering key aspects of the district’s growth and operations. He highlighted Northwest ISD’s 75th anniversary, the rapid expansion of student enrollment, and the construction projects funded by recent bond programs. Dr. Foust discussed improvements to Trophy Club schools, including HVAC upgrades, furniture replacements, and the expansion of Byron Nelson High School. He also shared renderings of the planned 7,500-seat Byron Nelson stadium. Additionally, Dr. Foust addressed the upcoming Voter-Approval Tax Rate Election (VATRE) in November, Page 33 of 203 Town Council Meeting Minutes – October 14, 2024 Page 3 explaining the need for additional revenue to support daily operations, maintain teacher- student ratios, and recruit top talent amidst a budget deficit. 3. Working for You . . . Trophy Club a) Update from Town Council Members Council Member Bauer recognized Breast Cancer Awareness Month, highlighting important statistics about the disease and expressing appreciation for Deputy Chief Rawlinson for designing the Fire Department’s Breast Cancer Awareness shirts which were worn by the council in support of the cause. Mayor Tiffany reminded everyone that early voting starts Monday, October 21st, and runs through Friday, November 1st, with hours and locations available on the town’s website. She also acknowledged Town Secretary Tammy Dixon for earning the prestigious Master Municipal Clerk (MMC) designation from the International Institute of Municipal Clerks, noting that Ms. Dixon is one of only 48 clerks in Texas to achieve this honor. The Town Council further recognized Ms. Dixon’s dedication to professional development and her significant contributions to the town's operations. b) Update from Town Manager Town Manager Wright invited Chief Arata to provide an update on the Bobcat traffic coverage and crossing guard program. Chief Arata reported that the program now has 11 crossing guards, with two additional parks employees helping on an overtime basis. The department is actively recruiting more guards and expects to deploy 13 guards at 8 intersections along Bobcat, including the east entrance to the high school, starting on Tuesday, October 22nd. The goal is to have 14 to 15 part-time guards to ensure consistent coverage. Chief Arata thanked Captain Woodard for his efforts in keeping the program running smoothly. Town Manager Wright provided the upcoming events and meetings: • Freight Lights Contest: Runs through October 28th, 2024 • Hazardous Waste Community Cleanup: October 26th, 2024, 8:00 AM - 12:00 PM • Movie Night: Coco: November 1st, 2024, at 7:00 PM • Veterans Day Celebration: November 11th, 2024, at 11:00 AM • Trophy Club Women’s Club Fall Garage Sale: October 19th, 2024 • Breakfast with Tiffany: October 21st, 2024 • Upcoming Town Meetings o Parks and Recreation Board Meeting: October 21st, 2024, at 6:00 PM o Economic Development Corporation Meeting: October 24th, 2024, at 6:00 PM o Town Council Meeting: October 28th, 2024 o Planning and Zoning Meeting: November 7th, 2024, at 6:00 PM Page 34 of 203 Town Council Meeting Minutes – October 14, 2024 Page 4 CONSENT AGENDA 6. Consider approval of the September 23, 2024, Town Council work session and regular meeting minutes. (Tammy Dixon, Town Secretary) 7. Consider authorizing the Town Manager to negotiate and execute a purchase agreement with Lake County Chevrolet for the purchase of one Chevrolet Silverado in the amount of $48,521.20. (Patrick Arata, Chief of Police) 8. Consider authorizing the Town Manager to negotiate and execute a purchase agreement with Silsbee Ford for the purchase of two Ford Explorers for the Police Department in the amount of $88,077.60. (Patrick Arata, Chief of Police) 9. Consider authorizing the Town Manager to negotiate and execute a purchase agreement with Motorola Solutions for the supply of police body and vehicle camera video storage, as well as online training services, in the amount of $29,321.10. (Patrick Arata, Chief of Police) 10. Consider authorizing the Town Manager to negotiate and execute a purchase agreement with Dell Technologies for the purchase of 15 laptop computers for patrol and criminal investigation divisions in the amount of $57,971.55. (Patrick Arata, Chief of Police) 11. Consider Amendment No. 3 to the Interlocal Agreement between the Town of Trophy Club and Northwest Independent School District for School Resource Officers for the 2024-2025 School Year; and authorize the Town Manager to execute same on behalf of the Town. (Patrick Arata, Chief of Police) 12. Consider authorizing the Town Manager to negotiate and execute a purchase agreement with Zimmerer Kubota & Equipment for a Parks Department tractor and equipment attachments in the amount of $81,434.69. (Chase Ellis, Director of Parks & Recreation) 13. Consider authorizing the Town Manager to negotiate and execute a contract renewal (year 5 of 5) with Municipal Mosquito in an amount of not -to-exceed $40,000 for mosquito management services for the period April 17, 2024, through April 16, 2025. (Matt Cox, Director of Community Development) 14. Consider a resolution approving the Human Resources Policies and Procedures Manual, the Leave Administration Policy, and the Prohibited Technology Policy; and authorizing the Town Manager to make ministerial revisions as necessary. (Denise Deprato, Director of Human Resources) Removed from Consent. Council Member Sheridan requested item 14 be removed from Consent. Council Member Oldham moved to approve Consent Items 6-13. Council Member Rowe seconded the motion. Page 35 of 203 Town Council Meeting Minutes – October 14, 2024 Page 5 VOTE ON MOTION AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe, Oldham NAYES: None VOTE: 7-0 INDIVIDUAL ITEMS 14. Consider a resolution approving the Human Resources Policies and Procedures Manual, the Leave Administration Policy, and the Prohibited Technology Policy; and authorizing the Town Manager to make ministerial revisions as necessary. (Denise Deprato, Director of Human Resources) Council Member Sheridan expressed uncertainty about the council's role in approving HR policies and questioned the new format . Town Manager Wright clarified that in the past, the council had approved such policies, which is why their approval is still required. Council Member Rowe expressed concern about a previously approved leave policy and emphasized the importance of revisiting policies to ensure they are implemented correctly. While willing to approve the policy to move forward, he recommended reconsidering the policy details in the future. The council discussed the format changes, some state -mandated policies, and the role of the council in approving HR-related policies Council Member Sheridan moved to approve Resolution 2024-19 approving the Human Resources Policies and Procedures Manual, the Leave Administration Policy, and the Prohibited Technology Policy; and authorizing the Town Manager to make ministerial revisions as necessary. Mayor Pro Tem Flynn seconded the motion. The caption of the resolution reads as follows: RESOLUTION NO. 2024-19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE HUMAN RESOURCES, POLICY AND PROCEDURE MANUAL, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A” AND THE LEAVE ADMINISTRATION POLICY, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”; AND THE PROHIBITED TECHNOLOGY POLICY, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “C”; AND AUTHORIZING THE TOWN MANAGER TO MAKE MINISTERIAL REVISIONS TO THE HUMAN RESOURCES POLICY AND PROCEDURE MANUAL. VOTE ON MOTION AYES: Bauer, Beach, Flynn, Tiffany, Oldham NAYES: Sheridan, Rowe VOTE: 5-2-0 Page 36 of 203 Town Council Meeting Minutes – October 14, 2024 Page 6 15. Consider authorizing the Town Manager to negotiate and execute a purchase agreement with the City of Roanoke for a Lenco BearCat SWAT vehicle in the amount of $77,373.20. (Patrick Arata, Chief of Police) Chief Arata provided an update on replacing the town's current military vehicle (MRAP) with a modern SWAT and explained the new vehicle, part of a regional SWAT team, will enhance the town’s ability to respond to critical incidents and safely transport individuals. With a 20-year life expectancy, it will be housed in Roanoke and used by the SWAT team serving six cities, including Trophy Club. Chief Arata also highlighted the town's contributions to the regional SWAT team. Council Member Beach moved to authorize the Town Manager to negotiate and execute a purchase agreement with the City of Roanoke for a Lenco BearCat SWAT vehicle in the amount of $77,373.20. Council Member Bauer seconded the motion. VOTE ON MOTION AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe, Oldham NAYES: None VOTE: 7-0 16. Consider the adoption of the Town of Trophy Club 2025 -2030 Strategic Plan. (Brandon Wright, Town Manager) Town Manager Wright presented an overview of the town's strategic plan, which has been developed over several months with input from the Town Council, department heads, and residents. The plan outlines the town's goals and priorities for the next 5 to 20 years and serves as a guide for daily efforts. It includes five focus areas, 16 objectives, and numerous initiatives. The strategic plan is a detailed, living document, with progress regularly reviewed and updated during biannual retreats. He reported staff has created a website for public access to quarterly reports on the progress of the plan. The plan is designed to be flexible and continually updated to ensure alignment with the town's evolving needs. Council Member Beach moved to adopt the Town of Trophy Club 2025-2030 Strategic Plan. Council Member Sheridan seconded the motion. VOTE ON MOTION AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe, Oldham NAYES: None VOTE: 7-0 17. Consider a resolution petitioning the State of Texas to designate Trophy Club as the "Texas Town of Patriots." (Brandon Wright, Town Manager) Mayor Tiffany introduced a resolution celebrating Trophy Club's longstanding tradition of patriotism, which dates back to the 1970s. The resolution honors the community’s continued dedication to celebrating Independence Day and other patriotic Page 37 of 203 Town Council Meeting Minutes – October 14, 2024 Page 7 events. Mayor Tiffany encouraged residents to read a document prepared by Trophy Club Patriots, highlighting the town's history of patriotism and the efforts to have Trophy Club recognized as Texas' "Town of Patriots." The document is available on the town 's website. Town Manager Wright praised Mayor Tiffany for organizing this initiative, noting that numerous stories from residents about the town’s patriotic traditions were collected. Mr. Wright also highlighted ongoing efforts to gain recognition for Trophy Club at the state level, with support from Representative Bumgarner and Senator Parker. The goal is to have this resolution introduced during the 89th legislative session for approval by the Texas House, Senate, and Governor. Kalon Melton, Deputy Chief of Staff for State Representative Ben Bumgarner, provided an update on the timeline for the resolution recognizing Trophy Club as the "Town of Patriots." Once the legislative session begins in January, the process is expected to move quickly, with the goal of filing the resolution and working with Senator Parker’s office to secure its passage and the Governor’s signature. Melton explained that the designation will give Trophy Club official recognition from the state, allowing the town to advertise it and potentially incorporate it into branding. The designation is renewable every 10 years, but typically remains uncontested once approved. Council Member Sheridan moved to approve Resolution 2024-20 petitioning the State of Texas to designate Trophy Club as the "Texas Town of Patriots ". Mayor Pro Tem Flynn seconded the motion. The caption of the resolution reads as follows: RESOLUTION NO. 2024-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, PETITIONING THE TEXAS STATE LEGISLATURE TO DESIGNATE THE TOWN OF TROPHY CLUB AS THE “TEXAS TOWN OF PATRIOTS”; AND PROVIDING AN EFFECTIVE DATE. VOTE ON MOTION AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe, Oldham NAYES: None VOTE: 7-0 18. Consider a resolution consenting to the expansion of the Trophy Club Municipal Utility District No. 1 within the corporate boundaries of and to include all areas within the Town of Trophy Club. (Brandon Wright, Town Manager) Town Manager Wright provided an overview of the initiative to expand the boundaries of the Trophy Club Municipal Utility District (MUD) No. 1 to include the entire town, simplifying the delivery of water and fire services. He explained that this would allow for clearer governance, with the MUD responsible for water services and the town responsible for fire services. Mr. Wright emphasized that the change would streamline operations without significantly impacting residents financially. Page 38 of 203 Town Council Meeting Minutes – October 14, 2024 Page 8 Trophy Club Municipal Utility District No. 1 General Manager, Alan Fourmentin, expressed support for the expansion, noting the benefits from an operational and budgeting standpoint and commending the collaborative efforts between the MUD and the town. Council members expressed their appreciation for the cooperation between the town and the MUD, highlighting the importance of simplifying service delivery and ensuring residents receive clear and efficient governance. Council Member Rowe moved to approve Resolution 2024-21 consenting to the expansion of the Trophy Club Municipal Utility District No. 1 within the corporate boundaries of and to include all areas within the Town of Trophy Club. Council Member Oldham seconded the motion. The caption of the resolution reads as follows: RESOLUTION NO. 2024-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CONSENTING TO THE EXPANSION OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 WITHIN THE CORPORATE BOUNDARIES OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. VOTE ON MOTION AYES: Bauer, Beach, Flynn, Sheridan, Tiffany, Rowe, Oldham NAYES: None VOTE: 7-0 EXECUTIVE SESSION/OPEN SESSION Pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into a Closed Executive Session at 8:35 p.m. and reconvened into Regular Session at 9:07 p.m. in accordance with the Texas Government Code regarding: Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to wit: 1) Town Manager. No Action Taken. ADJOUNMENT Mayor Tiffany adjourned the Town Council meeting at 9:07 p.m. ____________________________ Jeannette Tiffany, Mayor Attest: _______________________________ Tammy Dixon, Town Secretary Page 39 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Patrick Arata, Chief of Police AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a professional services agreement with BrightWatch for the installation and maintenance of a Town-wide security camera system in the amount of $194,644.09. (Patrick Arata, Chief of Police) BACKGROUND/SUMMARY: To enhance the safety and security of Town Hall and surrounding public spaces, it is essential to replace the outdated and failing security camera system. The current system lacks cloud-based capabilities, limiting real-time monitoring, remote access, and updates, all key features for effective security. This aging hardware increases the risk of system failure, putting property, employees, and the public at risk. Town staff also proposes installing new cameras in parks and parking lots on Town-owned property, where increased security is vital to prevent vandalism, ensure public safety, and monitor suspicious activity. Upgrading Town Hall’s system and expanding the camera network will provide comprehensive coverage across key public areas, reduce security risks, and improve incident response capabilities. This proactive investment in modern security infrastructure will protect Town property, enhance public safety, and give peace of mind to residents and visitors. The installation of a Town-wide camera system will strengthen security on Trophy Club property, with the proposal covering installation, planning, execution, configuration, and training for seamless integration into the Town’s infrastructure. The proposal increases camera coverage at the community pool, Harmony Park, Independence Park East and West, and Freedom Dog Park. The proposal does not include Town-installed camera infrastructure at the Fire Station, which is an asset owned by Trophy Club Municipal Utility District No. 1. A thorough evaluation of eight responses to the Town’s request for proposals, conducted by a team of staff and IT consultants, resulted in the selection of a firm to design and implement new layouts for full camera coverage at these locations, enhancing security and deterring crime. Improving the camera system at Town Hall is one of several projects taking place to further enhance security at the Town's primary municipal building. Additional security measures include the following projects: Project Amount Page 40 of 203 Bullet Resistant Glass Installation $46,195.95 Active Shooter Training Materials $2,999.00 Room Security Equipment $3,465.35 Council Chambers Emergency Exit Door with Ballistic Protection $7,800.00 Ballistic Panel Installation $2,999.00 Additional Security Control Access System $5,544.00 Exterior Security Fence $2,989.88 Alert/Panic Software for Emergency Notifications $18,000.00 These projects total $89,993.18, and together with the security camera system, the anticipated cost for all security enhancements is $284,637.27. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The recommended security camera system solution at the Town facilities mentioned above cost $194,644.09. This cost includes extending electrical power to multiple locations. Funding for this project was budgeted for in the FY 2024 Budget in facility projects at Town Hall. The funding source is General Fund - Fund Balance. The amount is being rededicated from other projects to fund all security enhancement projects. LEGAL REVIEW: N/A ATTACHMENTS: 1. Quote ACTIONS/OPTIONS: Staff recommends that the Town Council move to authorize the Town Manager to negotiate and execute a professional services agreement with BrightWatch for the installation and maintenance of a Town-wide security camera system in the amount of $194,644.09. Page 41 of 203 1 2709 S. Lamar Suite 110 Austin, Texas 78704 ESTIMATE Estimate#: EST-003197 Estimate Date : 07/12/2024 Reference#: City of Trophy Club Bid (1Y) Bill To Ship To Daniel Wilson City of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas, 76262 Trophy Club C/O BrightWatch 2709 S Lamar Blvd Suite 110 Austin, Texas, 78704 #Item & Description Qty Rate Amount Discount Amount Freedom Dog Park Video Security | Materials & Hardware 1 CD52-256E-HW SKU : CD52-256E-HW Verkada CD52-E Outdoor, 5MP, Varifocal Lens, 30 days of storage 1.00 1,399.00 1,399.00 25.00%1,049.25 2 ACC-MNT-8 SKU : ACC-MNT-8 Verkada Pendant Cap Mount Kit 1.00 69.00 69.00 25.00%51.75 3 ACC-MNT-ARM-1 SKU : ACC-MNT-ARM-1 Verkada Arm Mount 1.00 99.00 99.00 25.00%74.25 4 ACC-MNT-POLE-1 SKU : ACC-MNT-POLE-1 Verkada Pole Mount 1.00 209.00 209.00 25.00%156.75 Freedom Dog Park Video Security | Installation & Labor 5 Cabling - IP Security Cameras Cable: New Cat6 cables pulled, permalinked, tested, certified, mapped, labeled. 1.00 430.00 430.00 0.00 430.00 6 IP Camera Light Pole Mounted Installation Provisioning, installation and positioning of new pole- mounted IP security cameras on light poles 1.00 405.00 405.00 0.00 405.00 Freedom Dog Park Video Security | Licenses 7 LIC-1Y SKU : LIC-1Y Verkada 1 Year Camera License 1.00 199.00 199.00 25.00%149.25 Harmony Park Video Security | Materials & Hardware 8 CD52-256E-HW SKU : CD52-256E-HW Verkada CD52-E Outdoor, 5MP, Varifocal Lens, 30 days of storage 8.00 1,399.00 11,192.00 25.00%8,394.00 9 ACC-MNT-3 L-Bracket Mount Kit 8.00 129.00 1,032.00 25.00%774.00 10 ACC-MNT-POLE-1 SKU : ACC-MNT-POLE-1 Verkada Pole Mount 8.00 209.00 1,672.00 25.00%1,254.00 11 GC31-E-HW Verkada GC31 Cellular Gateway, Outdoor 3.00 1,299.00 3,897.00 25.00%2,922.75 12 Ubiquiti Universal Antenna Mount SKU : UB-AM Ubiquiti Universal Antenna Mount 7.00 12.41 86.87 0.00 86.87 13 Ubiquiti Networks Ethernet Surge Protector (2nd gen) BW SKU : ETH-SP-G2 Protects outdoor PoE devices with ESD and surge protection. 7.00 21.95 153.65 0.00 153.65 Page 42 of 203 2 #Item & Description Qty Rate Amount Discount Amount 14 Ubiquiti airMAX NanoBeam AC 5 GHz Bridge SKU : NBE-5AC-US NBE-5AC-GEN2-US 7.00 99.00 693.00 0.00 693.00 15 TP-Link 5-Port Gigabit Switch with 4-Port PoE+ @120W SKU : TL-SG105MPE TP-Link TL-SG105MPE 5-Port Gigabit Easy Smart Switch with 4-Port PoE+ up to 120W, Black, Managed 5.00 134.75 673.75 0.00 673.75 16 Namunanee Outdoor Nema Box (15.7" x 11.8" x 7.9") Namunanee Outdoor Electrical Box, Cold-Rolled Steel Plate, Aluminum Alloy Back Beam, One-Piece Ventilation Design 7.00 149.99 1,049.93 0.00 1,049.93 17 Miscellaneous Parts/ Materials Patch panels, patch cables, gang boxes, biscuit boxes, jacks, hooks, zip tie straps, electrical tape, anchors, bolts, washers, screws, machine labels, conduit EMT sleeves, *conduit miscellaneous parts, silicone, fire caulking. 1.00 375.00 375.00 0.00 375.00 Harmony Park Video Security | Installation & Labor 18 Cabling - IP Security Cameras Cable: New Cat6 cables pulled, permalinked, tested, certified, mapped, labeled. 8.00 430.00 3,440.00 0.00 3,440.00 19 IP Camera Installation (Exterior) Provisioning, Installation and Positioning of new exterior IP cameras 5.00 335.00 1,675.00 0.00 1,675.00 20 IP Camera Light Pole Mounted Installation Provisioning, installation and positioning of new pole- mounted IP security cameras on light poles 3.00 405.00 1,215.00 0.00 1,215.00 21 IP Device Installation (WAP, Radio, Sensor, Alarm Panel /Console, Access Controller) Provisioning, Installation and Positioning of new IP device 3.00 415.00 1,245.00 0.00 1,245.00 22 Ubiquiti Wireless Network Devices Installation | Labor Installation of the Ubiquiti device along with the PoE injector, aiming, testing and programming of the device as well. 7.00 370.00 2,590.00 0.00 2,590.00 23 Unmanaged Switch Installation | Labor Provisioning and installation of an unmanaged switch 5.00 115.00 575.00 0.00 575.00 Harmony Park Video Security | Licenses 24 LIC-1Y SKU : LIC-1Y Verkada 1 Year Camera License 8.00 199.00 1,592.00 25.00%1,194.00 25 LIC-GC-1Y SKU : LIC-GC-1Y Verkada 1-Year Cellular Gateway License, Includes Unlimited Data for Verkada Non-Video Devices 3.00 299.00 897.00 25.00%672.75 Independence Parks & Pool | Materials & Hardware 26 CB52-256E-HW SKU : CB52-256E-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 256GB of Storage, Maximum 30 Days of Retention 4.00 1,399.00 5,596.00 25.00%4,197.00 27 ACC-MNT-SJBOX-1 SKU : ACC-MNT-SJBOX-1 Verkada Square Junction Box Mount 4.00 89.00 356.00 25.00%267.00 28 CF81-30E-HW SKU : CF81-30E-HW 12 MP Fisheye, Digital PTZ - 30 DAY Storage 10.00 1,999.00 19,990.00 25.00%14,992.50 29 CD52-256E-HW SKU : CD52-256E-HW Verkada CD52-E Outdoor, 5MP, Varifocal Lens, 30 days of storage 1.00 1,399.00 1,399.00 25.00%1,049.25 Page 43 of 203 3 #Item & Description Qty Rate Amount Discount Amount 30 ACC-MNT-7 SKU : ACC-MNT-7 Verkada Angle Mount 10.00 149.00 1,490.00 25.00%1,117.50 31 ACC-MNT-POLE-1 SKU : ACC-MNT-POLE-1 Verkada Pole Mount 6.00 209.00 1,254.00 25.00%940.50 32 Namunanee Outdoor Nema Box (15.7" x 11.8" x 7.9") Namunanee Outdoor Electrical Box, Cold-Rolled Steel Plate, Aluminum Alloy Back Beam, One-Piece Ventilation Design 7.00 149.99 1,049.93 0.00 1,049.93 33 TP-Link 5-Port Gigabit Switch with 4-Port PoE+ @120W SKU : TL-SG105MPE TP-Link TL-SG105MPE 5-Port Gigabit Easy Smart Switch with 4-Port PoE+ up to 120W, Black, Managed 3.00 134.75 404.25 0.00 404.25 34 Ubiquiti airMAX NanoBeam AC 5 GHz Bridge SKU : NBE-5AC-US NBE-5AC-GEN2-US 8.00 99.00 792.00 0.00 792.00 35 Ubiquiti airMAX Rocket Prism AC 5 GHz Radio SKU : RP-5AC-US High-performance 5 GHz basestation for PtMP or PtP links. Provides up to 500+ Mbps data throughput 1.00 310.63 310.63 0.00 310.63 36 Ubiquiti airMAX 5 GHz Omni Antenna SKU : AMO-5G13 The AMO-5G13 is a 5 GHz, 13 dBi airMAX Omni antenna that provides powerful 360° coverage, 2x2 MIMO performance in LineofSight (LoS) or NonLineofSight (NLoS) applications. 1.00 205.84 205.84 0.00 205.84 37 Ubiquiti Universal Antenna Mount SKU : UB-AM Ubiquiti Universal Antenna Mount 9.00 12.41 111.69 0.00 111.69 38 Ubiquiti Networks Ethernet Surge Protector (2nd gen) BW SKU : ETH-SP-G2 Protects outdoor PoE devices with ESD and surge protection. 9.00 21.95 197.55 0.00 197.55 39 Miscellaneous Parts/ Materials Patch panels, patch cables, gang boxes, biscuit boxes, jacks, hooks, zip tie straps, electrical tape, anchors, bolts, washers, screws, machine labels, conduit EMT sleeves, *conduit miscellaneous parts, silicone, fire caulking. 1.00 575.00 575.00 0.00 575.00 Independence Parks & Pool | Installation & Labor 40 Cabling - IP Security Cameras Cable: New Cat6 cables pulled, permalinked, tested, certified, mapped, labeled. 8.00 430.00 3,440.00 0.00 3,440.00 41 IP Camera Installation (Exterior) Provisioning, Installation and Positioning of new exterior IP cameras 8.00 335.00 2,680.00 0.00 2,680.00 42 IP Camera Light Pole Mounted Installation Provisioning, installation and positioning of new pole- mounted IP security cameras on light poles 7.00 405.00 2,835.00 0.00 2,835.00 43 Unmanaged Switch Installation | Labor Provisioning and installation of an unmanaged switch 3.00 115.00 345.00 0.00 345.00 44 Ubiquiti Wireless Network Devices Installation | Labor Installation of the Ubiquiti device along with the PoE injector, aiming, testing and programming of the device as well. 9.00 370.00 3,330.00 0.00 3,330.00 Independence Parks & Pool | Licenses 45 LIC-1Y SKU : LIC-1Y Verkada 1 Year Camera License 15.00 199.00 2,985.00 25.00%2,238.75 Page 44 of 203 4 #Item & Description Qty Rate Amount Discount Amount Town Hall & PD | Materials & Hardware 46 CB52-256E-HW SKU : CB52-256E-HW Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 256GB of Storage, Maximum 30 Days of Retention 4.00 1,399.00 5,596.00 25.00%4,197.00 47 CB62-512E-HW SKU : CB62-512E-HW Verkada CB62-E Outdoor Bullet Camera, 4K, Zoom Lens, 512GB of Storage, Maximum 30 Days of Retention 1.00 1,799.00 1,799.00 25.00%1,349.25 48 CB62-512TE-HW SKU : CB62-512TE-HW Verkada CB62-TE Outdoor Bullet Camera, 4K, Telephoto Zoom Lens, 512GB of Storage, Maximum 30 Days of Retention 1.00 1,899.00 1,899.00 25.00%1,424.25 49 ACC-MNT-SJBOX-1 SKU : ACC-MNT-SJBOX-1 Verkada Square Junction Box Mount 6.00 89.00 534.00 25.00%400.50 50 ACC-MNT-POLE-1 SKU : ACC-MNT-POLE-1 Verkada Pole Mount 1.00 209.00 209.00 25.00%156.75 51 CD42-256-HW SKU : CD42-256-HW Verkada CD42 Indoor, 5MP, Varifocal Lens, 30 days of storage 5.00 999.00 4,995.00 25.00%3,746.25 52 CD62-30-HW SKU : CD62-30-HW Verkada CD62 Indoor Dome Camera, 4K, Zoom Lens, 30 Days of Storage 1.00 1,499.00 1,499.00 25.00%1,124.25 53 ACC-MNT-3 L-Bracket Mount Kit 1.00 129.00 129.00 25.00%96.75 54 CF81-30E-HW SKU : CF81-30E-HW 12 MP Fisheye, Digital PTZ - 30 DAY Storage 6.00 1,999.00 11,994.00 25.00%8,995.50 55 CM42-512-HW SKU : CM42-512-HW Verkada CM42 Indoor Mini Dome Camera, 5MP, Fixed Lens, 512GB of Storage, Maximum 60 Days of Retention 4.00 1,099.00 4,396.00 25.00%3,297.00 56 CH52-1TBE-HW SKU : CH52-1TBE-HW Verkada CH52-E Outdoor Multisensor Camera, 4x5MP, Zoom Lens, 1TB of Storage, Maximum 30 Days of Retention 4.00 3,599.00 14,396.00 25.00%10,797.00 57 ACC-POE-60W SKU : ACC-POE-60W CH52 Verkada PoE++ (802.3bt-2018) Injector, GigE 4.00 149.00 596.00 25.00%447.00 58 ACC-MNT-ARM-1 SKU : ACC-MNT-ARM-1 Verkada Arm Mount 4.00 99.00 396.00 25.00%297.00 59 ACC-MNT-CORNER-1 SKU : ACC-MNT-CORNER-1 Verkada Corner Mount 3.00 199.00 597.00 25.00%447.75 60 ACC-MNT-8 SKU : ACC-MNT-8 Verkada Pendant Cap Mount Kit 4.00 69.00 276.00 25.00%207.00 61 VX52-HW - Viewing Station SKU : VX52-HW Verkada VX52 Viewing Station Hardware 2.00 499.00 998.00 25.00%748.50 Page 45 of 203 5 Shipping charge 1,181.00 Total $194,644.09 AUTHORIZED SIGNATURE Notes Thanks for the opportunity. Please let us know if you have any questions. Terms & Conditions #Item & Description Qty Rate Amount Discount Amount 62 Samsung 50" QLED 4K Smart TV SKU : QN50LS03BAFXZA Samsung 50" QLED 4K Smart TV 1.00 1,299.00 1,299.00 0.00 1,299.00 63 TV 26-60" wall mount 1.00 40.00 40.00 0.00 40.00 64 Miscellaneous Parts/ Materials Patch panels, patch cables, gang boxes, biscuit boxes, jacks, hooks, zip tie straps, electrical tape, anchors, bolts, washers, screws, machine labels, conduit EMT sleeves, *conduit miscellaneous parts, silicone, fire caulking. 1.00 650.00 650.00 0.00 650.00 Town Hall & PD | Installation & Labor 65 Cabling - IP Security Cameras Cable: New Cat6 cables pulled, permalinked, tested, certified, mapped, labeled. 6.00 430.00 2,580.00 0.00 2,580.00 66 Cabling - Network Cable: New Cat6 cables pulled, permalinked, tested, certified, mapped 2.00 430.00 860.00 0.00 860.00 67 IP Camera (Rip and Replace) Installation Removal of existing camera. Toning, testing, certifying, labeling existing cable. Provisioning, Installation and Positioning of new IP camera. 20.00 405.00 8,100.00 0.00 8,100.00 68 IP Camera Installation (Exterior) Provisioning, Installation and Positioning of new exterior IP cameras 4.00 335.00 1,340.00 0.00 1,340.00 69 IP Camera Installation (Interior) Provisioning, Installation and Positioning of new interior IP cameras 2.00 295.00 590.00 0.00 590.00 70 General Labor TV installation 1.00 230.00 230.00 0.00 230.00 Town Hall & PD | Licenses 71 LIC-1Y SKU : LIC-1Y Verkada 1 Year Camera License 22.00 199.00 4,378.00 25.00%3,283.50 72 LIC-CH52-1Y SKU : LIC-CH52-1Y Verkada 1-Year CH52 Multisensor Camera License 4.00 599.00 2,396.00 25.00%1,797.00 73 LIC-VX-1Y SKU : LIC-VX-1Y Verkada 1-Year Viewing Station License 2.00 499.00 998.00 25.00%748.50 Maintenance Agreement Fee 74 Security System Maintenance & Service Annual Maintenance 1.00 2,200.00 2,200.00 0.00 2,200.00 Equipment Rental 75 Articulating Boom Lift 35-45 ft 4WD Delivery & Rental 1.00 3,450.00 3,450.00 0.00 3,450.00 Electrical 76 Electrical quote subtotal from Love's Management 1.00 57,434.00 57,434.00 0.00 57,434.00 Discounts 77 BrightWatch's Incentive Discount 1.00 -1,250.00 -1,250.00 0.00 -1,250.00 Sub Total 221,815.09 28,352.00 $193,463.09 Page 46 of 203 6 X _________________________________________ Upon signature by Customer and receipt by BrightWatch, this Order Form shall become legally binding. Payment Terms: 50% down payment. Remainder due upon completion of the project. - - - Subject to Site Assessment: This estimate is subject to a thorough on-site assessment of the premises to determine the specific requirements and conditions for the security integration project. Subject to Scope Confirmation: The estimate provided is subject to the finalization and confirmation of the project scope, including all components, equipment, and services to be included. Subject to Technical Feasibility: This estimate is subject to a detailed technical analysis to verify the feasibility of integrating the proposed security systems within the existing infrastructure. Subject to Availability: This estimate is subject to the availability of equipment, materials, and resources required for the security integration project. Any delays or changes in availability may affect the final estimate. Subject to Local Regulations and Codes: The estimate provided is subject to compliance with local security regulations, codes, permits, and licenses. Any additional requirements imposed by authorities may impact the estimate. Subject to Supplier Pricing: This estimate is subject to the pricing and availability of equipment and materials from our suppliers. In the event of price fluctuations or unforeseen changes, the estimate may be revised accordingly. Subject to Unforeseen Conditions: The estimate is subject to unforeseen site conditions, such as hidden infrastructure, structural limitations, or environmental factors, which may require adjustments to the estimate and project timeline. Page 47 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Patrick Arata, Chief of Police AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a purchase and installation contract with Glass Doctor of Carrollton, TX for the purchase of ballistic safety glass at the Town Hall and the Police Department in the amount of $46,195.95. (Patrick Arata, Chief of Police) BACKGROUND/SUMMARY: In order to improve security measures at Town Hall, the Police Department recommends that ballistic glass be installed at customer service windows to protect staff from dangerous security threats. This project will replace existing windows with bullet-resistant glass, enhancing security in areas where staff interact with the public. Three bids were received for the project resulting in more competitive pricing from ballistic glass vendors. The installation of ballistic glass at Town Hall is one of several projects that are taking place to further enhance security in the Town's primary municipal building. Additional security measures include the following projects: Project Amount Security Camera Improvements $194,644.09 Active Shooter Training Materials $2,999.00 Room Security Equipment $3,465.35 Council Chambers Emergency Exit Door with Ballistic Protection $7,800.00 Ballistic Panel Installation $2,999.00 Additional Security Control Access System $5,544.00 Exterior Security Fence $2,989.88 Alert/Panic Software for Emergency Notifications $18,000.00 These projects total $238,441.32, and together with the ballistic safety glass project, the anticipated cost for all security enhancements is $284,637.27. BOARD REVIEW/CITIZEN FEEDBACK: N/A Page 48 of 203 FISCAL IMPACT: The total cost of the purchase and installation is $46,195.95. Funding for this project was budgeted for in the FY 2024 Budget in facility projects at Town Hall. The funding source is General Fund - Fund Balance. The amount is being rededicated from other projects to fund all security enhancement projects. LEGAL REVIEW: N/A ATTACHMENTS: 1. Glass Doctor Quote ACTIONS/OPTIONS: Staff recommends that the Town Council move to authorize the Town Manager to negotiate and execute a purchase and installation contract with Glass Doctor of Carrollton, TX for the purchase of ballistic safety glass at the Town Hall and the Police Department in the amount of $46,195.95 Page 49 of 203 Glass Doctor of North Texas 2001 Midway Road #121 Carrollton, TX 75006 (469) 200-3355 Estimate 281435153 Job 308222 Estimate Date 8/9/2024 Technicians Jimmy Carroll Mike Mabry Customer PO Billing Address Trophy Club Police Dept 1 Trophy Wood Drive Trophy Club, TX 76092 USA Job Address Trophy Club Police Dept 1 Trophy Wood Drive Trophy Club, TX 76092 USA Estimate Details Level III Bullet Resistant Transaction Windows Service #Description Quantity Your Price Your Total Misc Flat Buyboard 657-21 Provide and Install (3) Level III Bullet Resistant transaction window configurations comprised of clear Level III glazing infill and bronze anodized Level III framing. Left Side, Left End Left Side, Left End to be 3-panel approx. 240" x 50" fixed transaction window configuration. Panels 1 and 3 to include pass thru notch at bottom and Level III speakthrus. Left Side, Right End Left Side, Right End to be approx. 72" x 50" fixed transaction window. Transaction window to include pass thru notch at bottom and Level III speakthru. Right Side Right Side to be approx. 36" x 44" fixed transaction window. Transaction window to include pass thru notch at bottom and Level III speakthru. Material: $37,995.50 (Level III Glass, Framing & Speakthrus @ $36,995.50 + Glass Manipulator rental @ $1,000.00) Labor: $12,000.00 (4 men, 37.5 hours @ $320.00/hour) 1.00 $49,995.50 $49,995.50 #Description Total CACD10 New Customer Discount $-3,799.55 Sub-Total $46,195.95 Tax $0.00 Total $46,195.95 Thank you for your business! If you have any questions or concerns about this invoice, please contact us. I authorize Glass Doctor to perform the work on this estimate. The total charge for the work is $46,195.95. Unless a prior contractual agreement exists, I acknowledge and agree to Glass Doctor's Terms and Conditions of Service which I can view at the following link. Terms and Conditions I agree to pay any outstanding balance in full upon completion of the work. If I have provided a credit card as payment on this estimate, I authorize Glass Doctor to charge my credit card on file for the balance due when the work is complete. Page 50 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: April Duvall, Director of Finance AGENDA ITEM: Consider a resolution directing the Town Manager to utilize an additional $90,000 dedicated to Town Hall Building Improvements to provide security enhancements for Town Facilities. (April Duvall, Director of Finance) BACKGROUND/SUMMARY: At the June 10, 2024 Town Council Meeting, the Town Council approved a resolution allocating $200,000 for security enhancements to Town facilities, aimed at improving safety measures and addressing security vulnerabilities. Since that approval, additional needs have been identified during the project planning phase. After soliciting updated quotes and further reviewing the scope of work required to meet the Town's security standards, the total cost of the enhancements has increased by $75,000, bringing the total project cost to $275,000. This agenda item seeks Council’s approval of a resolution authorizing the additional $90,000 to ensure the full implementation of the necessary security improvements. The enhancements are crucial to safeguarding Town facilities, staff, and visitors, and this additional funding will allow the project to move forward without compromising on quality or scope. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: This resolution authorizes an additional $90,000 for security enhancements to Town facilities. The funding source identified in the FY 2024 Budget for these facility projects is General Fund - Fund Balance. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and legality. ATTACHMENTS: 1. Resolution ACTIONS/OPTIONS: Staff recommends that the Town Council move to approve the resolution directing the Town Manager to utilize an additional $90,000 dedicated to Town Hall Building Improvements to provide security enhancements for Town Facilities. Page 51 of 203 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DIRECTING THE TOWN MANAGER TO UTILIZE AN ADDITIONAL $90,000 DEDICATED TO TOWN HALL BUILDING IMPROVEMENTS TO PROVIDE SECURITY ENHANCEMENTS TO TOWN FACILITIES. WHEREAS, the Town Council previously authorized $200,000 for security enhancements to Town facilities; and WHEREAS, a recent security audit has revealed further vulnerabilities that require additional resources to address; and WHEREAS, the Town facilities require further physical enhancements to ensure the safety and well-being of residents, employees, and visitors; and WHEREAS, investing in and updating modern security measures will continue to improve the Town’s readiness in crisis situations. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; THAT: SECTION 1. The Town Council hereby directs the Town Manager to utilize an additional $90,000, dedicated to security enhancements for Town facilities. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 28th day of October 2024. ______________________________ Jeannette Tiffany, Mayor ATTEST: ___________________________ Tammy Dixon, Town Secretary APPROVED AS TO FORM: _________________________ Dean Roggia, Town Attorney Page 52 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Jason Wise, Fire Chief AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a purchase agreement with Reliable Chevrolet for a 2024 Chevy Silverado 1500 in the amount of $52,901.55. (Jason Wise, Fire Chief). BACKGROUND/SUMMARY: The Trophy Club Fire Department needs to replace squad 681, a 2017 Ford Explorer with seven years of service and more than 75,000 hours. This vehicle is known as a chase vehicle and supports the EMS crew during routine medical incidents. A 2024 Chevrolet Silverado 1500 will be purchased from Reliable Chevrolet through the Sheriff's Association of Texas purchasing agreement. Following the purchase from Reliable Chevrolet, the Silverado will require the installation of an emergency lighting/siren package by Maltech Fleet Services to function within the Town's emergency response fleet. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The purchase of a 2024 Chevy Silverado 1500 4x4 with Police Pursuit Package is $52,901 and will be purchased from a purchasing cooperative agreement through the Sherriff's Association of Texas. Following purchase of the vehicle, the Fire Department will outfit the vehicle with an emergency lighting/siren package in the amount of $13,337.69 for a total vehicle amount of $66,239.24. Funding is provided in the FY 2025 Budget in the Fire Equipment Replacement Fund. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and legality. ATTACHMENTS: 1. Reliable Chevrolet 2024 Silverado Quote 2. Maltech Fleet Services Quote for Lighting Package ACTIONS/OPTIONS: Staff recommends that the Town Council move to authorize the Town Manager to negotiate and execute a purchase agreement with Reliable Chevrolet for a 2024 Chevy Silverado 1500 in the amount of $52,901.55. Page 53 of 203 Contract No.: 23-04- 1011R Date Prepared:10/18/2024 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Spec #:7 Description: 48112.55 Cost Cost 6J3 - GRILLE LAMP/SIREN SPEAKER WIRING 188 INCL 6J4 - HORN/SIREN CIRCUIT WIRING 96 FULL SIZE SPARE - REQUIRED INCL QT5 - EZ LIFT PWR LOCK/RLEASE TAILGATE 137 INCL ZLQ - WT FLEET CONVE PKG (INCL CRUISE)337 1092 205 387 405 264 INCL INCL 182 INCL 68 127 496 Subtotal B: 3984 Cost Cost 250 114 91 Subtotal C: 455 1% 1 52551.55 =Subtotal D: 52551.55 Subtotal E: 350.00 Cost Cost Subtotal F: 0 52901.55 DOUG ADAMS SHERIFFS ASSOCIATION OF TEXAS CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be emailed to Reliable Chevrolet @ dadams@reliablechevrolet.com or faxed to 972-952-8172. Therefore please type or print legibly. TOWN OF TROPHY CLUB RELIABLE CHEVROLET VK3 - FRONT LICENSE PLANT BRACKET - REQ'D 9C1 SILVERADO PPV - PURSUIT VEHICLE - REQD 972-952-1561 972-952-8172 dadams@reliablechevrolet.com 2024 SILVERADO PPV 9C1 --- ALL ARE 4 WHEEL DRIVE A. Product Item Base Unit Price Per SAT Contract: LONGHORN DISTRICT B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Description Z7X - Z71 SUSPENSION WITH 2' LIFT C49 - REAR WINDOW DEFOGGER Z82 - TRAILER PACKAGE QK2 - MULTI FLEX TAILGATE A2X - 10 WAY POWER SEAT Description Description L84 - 5.3L V8 5YR/100,000 POWERTRAIN WARRANTY AKO - DEEP TINT GLASS 2 KEYS AT DELIVERY AMF - 4 EXTRA REMOTE B1J - REAR WHEELHOUSE LINERS Subtotal From Additional Sheet(s): CGN - BEDLINER C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) E. SAT Order Processing Charge (Amount Per Current Policy) JL1 - TRAILER BRAKE CONTROLLER UF2 - LED CARGO LIGHTED AREA Subtotal From Additional Sheet(s): U2K - XM RADIO (REQ'S SUBSCRIPTION) Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) Quantity Ordered: X Subtotal of A + B + C: EXTERIOR COLOR ---RED HOT Delivery Date: TBD G. Total Purchase Price (D+E+F): F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description Description MSRP 58662 Page 54 of 203 Please Make All Checks Payable To: MAL TECHNOLOGIES FLEET 1412 College St. Sulphur Springs Tx, 75482 MAL Technologies Fleet 1412 College St Sulphur Springs, TX 75482 US +1 9036628429 accounts@maltechnologies.com ADDRESS SHIP TO RELIABLE CHEVROLET 800 N. CENTRAL EXPY. RICHARDSON, TEXAS 75080 USA RELIABLE CHEVROLET 800 N. CENTRAL EXPY. RICHARDSON, TEXAS 75080 USA Estimate 4598 DATE 10/02/2024 EXPIRATION DATE 12/17/2024 MAL TECH REPRESENTATIVE REPRESENTATIVE EMAIL Jay Sanders jay@maltechnologies.com ACTIVITY DESCRIPTION QTY RATE AMOUNT INNER EDGE WHELEN INNER EDGE PACKAGE 1 3,375.00 3,375.00 C399 CENCOM CORE WCX CONTROLLER - BSFW49X / BSSP2XJW 1 0.00 0.00 C399SP SCAN PORT OBDII FOR TAHOE AND SILVERADO 1 0.00 0.00 CCTL7 CONTROL HEAD W/21 BUTTON, 4 POSITION SLIDE 1 0.00 0.00 CEM8 WECANX 8 OUTOUT EXPANSION MODULE 1 0.00 0.00 CEM16 WCANX 16 OUTPUT EXPANSION MODULE 1 0.00 0.00 SA315U SIREN SPEAKER 1 0.00 SAK1 WHELEN UNIVERSAL MOUNTING BRACKET 1 0.00 3SRCCDCR Whelen R/W Compartment Light FOR CABIN W/TRI SWITCH 1 0.00 I3JC WHELEN R/B/W TRIO LED WITH WHITE OVERRIDE FOR PUSH BUMPER FORWARD(4), PUSH BUMPER INTER SECTION(2), LICENSE PLATE BRACKET(2) 8 0.00 IONBKT1 ION LICENSE PLATE BRACKET 1 0.00 I3JC WHELEN R/B/W TRIO LED WITH WHITE OVERRIDE FOR UNDER MIRROR(2) 2 172.14 344.28 WES28-51275 R5 STEPS FOR CHEVY 1500 WT (BLACK)1 579.76 579.76 TLI3JC ION T SERIES TRIO RED/BLUE/WHITE FOR FORWARD MIRROR(2), REAR BUMPER STEP FACING REAR(2), UPPER REAR CAB(2) 6 160.96 965.76 FSM-BKT-TH21 SILVERADO FORWARD MIRROR BRACKET(PAIR)1 67.50 67.50 UPRRBKT-PIU REAR SPOILER BRACKET FOR FOR SILVERADO REAR UPPER CAB MOUNT(PAIR) 1 42.15 42.15 TCRWX6 6-Lamp Housing requires 6 Light heads.2 635.85 1,271.70 Page 55 of 203 Please Make All Checks Payable To: MAL TECHNOLOGIES FLEET 1412 College St. Sulphur Springs Tx, 75482 ACTIVITY DESCRIPTION QTY RATE AMOUNT TCRWXPD PRIMARY DUO LIGHTHEAD INCLUDES LAMP DRIVER ONE REQUIRED IN POSITION 1 FOR EACH DUO TRACER RED/WHITE 2 0.00 TCRWXSD SECONDARY DUO LIGHTHEAD, RED/WHITE FORUSE IN POSITION 2-6 10 0.00 TCRB49 Chevy Silverado 1500 Crew Cab, Running Board Mounting Kit, 1 0.00 0.00 DEALER PREP DEALER PREP: MAKE READY, TRANSPORTATION 1 500.00 500.00 CW0802 Corner compartment light, 31.5”, 36 LED, 45 degree, 12- 24VDC 2 88.495 176.99 CW3225 25" DUAL ROW FLOOD LIGHT 1 228.15 228.15 BAK226130 BAKFLIP BED COVER SILVERAD0 1500 5'6" BED 1 1,069.36 1,069.36 5177-4L61 4 LIGHT INTEGRATED PUSH BUMPER / ION 1 488.62 488.62 VC-SIL15-B 2015-2016 CHEVY SILVERADO 9" VERTICAL CONSOLE. INCLUDES EQUIPMENT BRACKETS, FILL PLATES. INCLUDES MOUNT KIT / MOTO O5, CCTL7 1 330.75 330.75 INSTALL KIT - 4 INSTALL KIT - 4 1 350.00 350.00 RADIO KIT ANTENNA / COAX / CONNECTOR 1 112.67 112.67 SHOP LABOR SHOP LABOR 30 100.00 3,000.00 By Signing this Estimate You Accept All Attached Terms And Conditions. SUPPLY AND INSTALL EMERGENCY EQUIPMENT FOR SILVERADO PPV OR TRAILBOSS CUSTOMER SUPPLIES RADIO AND OPTICOM SUBTOTAL 12,902.69 TAX 0.00 SHIPPING 435.00 TOTAL $13,337.69 Accepted By Accepted Date Page 56 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Jason Wise, Fire Chief AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a short- term lease agreement with Flex Financial, a division of Stryker Sales, LLC, for a 61-month lease agreement in a total amount of $534,401.70 requiring six annual lease payments of $89,066.95. (Jason Wise, Fire Chief) BACKGROUND/SUMMARY: The Trophy Club Fire Department utilizes specialized equipment and products to provide life-saving EMS services to the community. Some of the department's equipment is 7 years old and has reached the end of its useful life. The supply of functioning, quality equipment allows the Fire Department to ensure that patients receive the best care available while transporting them to hospitals. Some of the items requiring replacement include cardiac monitors/defibrillators, chest compression devices, and stretchers. Through a purchasing cooperative, Savikk Buying Group offers a multi-year agreement that allows the Town of Trophy Club to lease EMS equipment for a 61-month period with the option to purchase that equipment at the end of the lease period for $1. This program allows for the Town to replace all equipment included in the attached agreement at one time while financing the payment over six years. Over the six-year period, the service and data plans provide an annual preventive maintenance check and warranty-covered repairs. The key advantages of this agreement are that it synchronizes the department's capital replacement dates, allows for a single annual invoice, and streamlines the budgeting process. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The Stryker agreement will be leased through the Savvik Buying Group, a joint purchasing cooperative. The total lease agreement amount is $534,401.70, which is payable in six equal annual payments of $89,066.25. The program includes a $1.00 purchase option at the end of the 61-month term to ensure the Town of Trophy Club owns the equipment after the lease period. Funding for this lease purchase is available in the Fire Equipment Replacement Fund in the FY 2025 Budget. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and legality. ATTACHMENTS: 1. Stryker Lease Agreement Page 57 of 203 ACTIONS/OPTIONS: Staff recommends that the Town Council move to authorize the Town Manager to negotiate and execute a short-term lease agreement with Flex Financial, a division of Stryker Sales, LLC, for a 61-month lease agreement in a total amount of $534,401.70 requiring six annual lease payments of $89,066.95. Page 58 of 203 RE: Reference no:2210230236 Date: October 14, 2024 TOWN OF TROPHY CLUB, TEXAS 295 Trophy Club Drive Trophy Club, Texas 76262 Thank you for choosing Stryker for your equipment needs. Enclosed please find the documents necessary to enter into the arrangement. Once all of the documents are completed, properly executed and returned to us, we will issue an order for the equipment. PLEASE COMPLETE ALL ENCLOSED DOCUMENTS TO EXPEDITE THE SHIPMENT OF YOUR ORDER. Short Form Lease Agreement Exhibit A - Detail of Equipment State and Local Government Rider **Conditions of Approval: State and Local Government Rider, Federal ID PLEASE PROVIDE THE FOLLOWING WITH THE COMPLETED DOCUMENTS: Federal tax ID number: \fedTaxId1\_______________________ Accounts Payable address: \apAddr1\_______________________ Purchase order number: \poNum1\_______________________ Upfront Payment Check No:(if applicable) \chkNum1\_______________________ Contact name: \contact1\_______________________ Phone number: \phone1\_______________________ Email address: \email1\_______________________ ADMINISTRATIVE CONTACT Administrative contact name: \fedTaxId1\_______________________ Administrative contact name: \apAddr1\_______________________ Email address: \poNum1\_______________________ Email address: \apAddr1\_______________________ Phone number: \chkNum1\_______________________ Phone number: \contact1\_______________________ Please fax completed documents to (877) 204-1332. If you have any questions regarding these documents, please email: StrykerFinancialSolutions@stryker.com. The proposal evidenced by these documents is valid through the last business day of October, 2024 Sincerely, Flex Financial, a division of Stryker Sales, LLC Notice: To help the government fight the funding of terrorism and money laundering activities, U.S. Federal law requires financial institutions to obtain,verify and record information that identifies each person (individuals or businesses) who opens an account. What this means for you: When you openan account or add any additional service, we will ask you for your name, address, federal employer identification number and other information that will allow us to identify you. We may also ask to see other identifying documents. For your records, the federal employer identification number for FlexFinancial, a Division of Stryker Sales, LLC is 38-2902424. Flex Financial, a division of Stryker Sales, LLC 1901 Romence Road Parkway Portage, MI 49002 t: 1-888-308-3146 f: 877-204-1332 www.stryker.com Agreement No.: 2210230236 Page 59 of 203 Owner ("we" or "us") : Flex Financial, a division of Stryker Sales, LLC 1901 Romence Road Parkway Portage, MI 49002 Customer name and address ("You" and "Your"): TOWN OF TROPHY CLUB, TEXAS 295 Trophy Club Drive Trophy Club, Texas 76262 Supplier:Stryker Sales, LLC, 3800 E. Centre Avenue, Portage, MI 49002 Equipment description: (see attached Exhibit A which is a part of this Agreement.) Equipment Location: 295 Trophy Club Drive Trophy Club, Texas 76262 Payment information # of lease payments Payment frequency Lease payment Terms of Agreement in months: 61 Equipment purchase option: $1 Buyout Option Equipment purchase option shall be FMV unless another option is stated above. Number of payments Payment frequency Payment amount 6 Annual $89,066.95 (First payment due 30 days after Agreement is commenced), (plus applicable sales/use taxes - see "Taxes" section below) Security deposit First period payment Other Total payment enclosed $0.00 +$0.00 +$0.00 =$0.00 1. Lease: You ("Customer") agree to lease from us ("Owner") the equipment (including software and/or software license fees ("Software"), if any, "Equipment") listed aboveand on any attached schedule in accordance with the terms of this Agreement (this "Agreement"). This Agreement starts on the day the Equipment is delivered to you ("Commencement Date") and continues for the number of months described above (the "Term"). The Lease Payments ("Payments") shall be payable beginning on the Commencement Date or any later date we designate and thereafter until all fully paid. Your obligations under this Agreement ("Obligations") are absolute, unconditional, and are not subject to cancellation, defense, recoupment, reduction, setoff or counterclaim. If a Payment is not made when due, you will pay us a late charge of 5% for each Payment or $10.00, whichever is greater. We may charge you a fee of $55.00 for any check that is returned. You authorize us to adjust the Payments at any time if taxes included in the Payments differ from our estimate. You agree that the Payments were calculated by us based, in part, on an interest rate equivalent as quoted on Bloomberg under the SOFR Swap Rate, that would have a repayment term equivalent to the Term (or an interpolated rate if a like-term is not available) as reasonably determined by us (and if the SOFR Swap Rate is no longer provided by Bloomberg, such rate shall be determined in good faith by us from such sources as we shall determine to be comparable to Bloomberg [or any successor]) and in the event the Term of this Agreement starts more than 30 days after we send this Agreement to you, we may adjust the Payments once to compensate us, in good faith, for any increase in such rate. “SOFR” with respect to any day means the secured overnight financing rate published for such day by the Federal Reserve Bank of New York, as the administrator of the benchmark, (or a successor administrator) on the Federal Reserve Bank of New York’s Website as quoted by Bloomberg. You shall be deemed to have accepted the Equipment for lease hereunder upon the date that is ten (10) days after it is shipped to you by the Supplier and, at our request, you shall confirm for us such acceptance. No acceptance of any item of Equipment may be revoked by you. 2.Title and laws: Unless you have a $1.00 purchase option, we own the Equipment and you have the right to use the Equipment during the Term, provided you comply withthe terms of this Agreement. If you have a $1.00 purchase option or this Agreement is deemed to be a security agreement, you grant us a security interest in the Equipment and all proceeds therefrom, and authorize us to file financing statements on your behalf. You agree not to permit any lien, claim or encumbrance to be placed upon the Equipment. You shall comply with all applicable laws, rules and regulations and manufacturer's specifications and instructions concerning the operation, ownership, use and/or possession of the Equipment. 3. Equipment use, maintenance and warranties: Any assignee (as defined below) is leasing the Equipment to you "AS-IS" AND MAKES NOWARRANTIES,EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You must, at your cost, keep the Equipment in good working condition. If Payments include maintenance and/or service costs, you agree that (i) no Assignee is responsible to provide the maintenance or service, (ii) you will make all maintenance and service related claims to the persons providing the maintenance, service or warranty, and (iii) any maintenance, warranty or service claims will not impact your Obligations. The Equipment cannot be moved from the location above without our prior written consent.STRYKER SALES, LLC (INCLUDING FLEX FINANCIAL, A DIVISION OF STRYKER SALES, LLC) MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY EQUIPMENT. This Agreement will not impair any expresswarrantees or indemnifications or other obligations of Stryker Corporation or any of its subsidiaries to you regarding the Equipment and we herebyassign all of our rights in any Equipment warrantees to you. 4. Assignment: You agree not to transfer, sell, sublease, assign, pledge or encumber the Equipment or any rights under this Agreement without our prior written consent, which consent shall not be unreasonably withheld, and if you do, even with our consent, you will still be fully responsible for all your Obligations. You shall provide us with at least 45 days' prior written notice of any change to your principal place of business, organization or incorporation. You agree that we may, without notice to you, sell, assign, or transfer ("Transfer") this Agreement to a third party (each, an "Assignee"), and each Assignee will have our Transferred rights, but none of our obligations, and such rights will not be subject to any claims, recoupment, defenses, or setoffs that you may have against us or any supplier even though an Assignee may continue to bill and collect all of your Obligations in the name of "Flex Financial, a division of Stryker Sales, LLC". 5. Risk of loss, insurance and reimbursement: Effective upon delivery to you and continuing until the Equipment is returned to us in accordance with the terms of this Agreement, you shall bear all risk of Equipment loss or damage. If any such loss or damage occurs you still must satisfy all of your Obligations. You will (i) keep the Equipment insured against all risks of loss or damage for an amount equal to its replacement cost, (ii) list us as the insurance sole loss payee and (iii) give us written proof of the insurance. If you do not provide such insurance, we have the right, without obligation, to obtain such insurance and add an insurance fee (which may include a profit) to the amount due from you. You will obtain and maintain comprehensive public liability insurance naming us as an additional insured with coverages and amounts acceptable to us. To the extent not expressly prohibited by applicable law, you will reimburse and defend us, including each Assignee for and against any losses, injuries, damages, liabilities, expenses, claims or legal proceedings asserted against or incurred by us, including any Assignee, relating to the Equipment and which relate to or arise out of your act or omission or the act or omission of your agents or employees or others (excluding us) with access to the Equipment. The terms of this paragraph will continue after the termination, cancellation or expiration of this Agreement. Short Form Lease Agreement No.2210230236 Agreement # 2210230236 Page 60 of 203 6. Taxes: You agree to pay when due, either directly or as reimbursement to us, all taxes (i.e., sales, use and personal property) and charges in connection with ownership and use of the Equipment. We may charge you a processing fee for administering property tax filings. To the extent not expressly prohibited by applicable law, you will indemnify us on an after-tax basis, on demand, against the loss or unavailability of any of our anticipated equipment ownership tax benefits caused by your act or omission. 7. Default remedies: You are in default under this Agreement if: a) you fail to pay a Payment or any other amount when due; or b) you breach any other obligation under this Agreement or any other agreement with us; or c) your principal owner or any guarantor of this Agreement dies; d) you or any guarantor dissolves, ceases to do business as a going concern, becomes insolvent, bankrupt, merges, or is sold; or e) You or any guarantor fails to pay any other material obligation owed to us or any of our affiliates. Upon default, we may: a) declare the entire balance of unpaid Payments for the full Term immediately due and payable; b) sue you for and receive the total amount due plus the Equipment's anticipated end-of-Term fair market value ("FMV") or fixed price purchase option (the "Residual") with future Payments and Residual discounted to the date of default at the lesser of (i) a per annum interest rate equivalent to that of a U.S. Treasury constant maturity obligation (as reported by the U.S. Treasury Department) that would have a repayment term equal to the remaining Term, all as reasonably determined by us; or (ii) 3% per annum, but only to the extent permitted by law; c) charge you interest on all monies due at the rate of 18% per year from the date of default until paid; and/or d) require you to immediately return the Equipment to us or we may peaceably repossess it. Upon default, you will also pay all expenses including but not limited to reasonable attorneys fees, legal costs, cost of storage and shipping incurred by us in the enforcement and attempted enforcement of any remedies under this Agreement. Any return or repossession will not be considered an Agreement termination or cancellation. If the Equipment is returned or repossessed we may sell or re-rent the Equipment at terms we determine, at one or more public or private sales, with or without notice to you, and apply the net proceeds (after deducting any related expenses) to your obligations. You remain liable for any deficiency with any excess being retained by us. 8. End of term: You will give us at least 90 days but not more than 180 days written notice (to our address above) before the initial Term (or any renewal term) expiration of your intention to purchase or return the Equipment, whereupon you may: a) purchase all, but not less than all, of the Equipment as indicated above or b) return all of the Equipment in good working condition at your cost how, when and where we direct. Any FMV purchase option amount will be determined by us based on the Equipment's in place value. If you don't notify us, or if you don't a) purchase or b) return the Equipment as provided herein, this Agreement will automatically renew at the same Payment amount for consecutive 60-day periods. If any Software license ("License") included hereunder passes title to you, such title shall automatically, and without further action, hereby vest in us, and you hereby agree to relinquish any subsequent Software title, purchase or use right claim. If, in connection with our Software rights, licensor's consent is required, you will assist us in obtaining such consent. If the $1.00 Buyout is selected above, the first three sentences of this section 8 shall be void and upon expiration of the Term, you shall pay all amounts owed by you hereunder but unpaid as of such date plus $1.00 (and any applicable taxes). Any purchase of the Equipment by you pursuant to a purchase option or $1.00 Buyout shall be "AS IS, WHERE IS" without representation or warranty of any kind from us. 9. Miscellaneous: You acknowledge we have given you the Equipment supplier's name. We hereby notify you that you may have rights under the supplier's contract and may contact the supplier for a description of these rights. This Agreement shall be governed and construed in accordance with the laws of Michigan. You agree (i) to waive any and all rights and remedies granted to you under Uniform Commercial Code Sections 2A-508 through 2A-522, and (ii) that the Equipment will only be used for business purposes and not for personal, family or household use. This Agreement may be executed in counterparts and any facsimile, photographic or other electronic transmission and/or electronic signing or manual signing of this Agreement by you and when manually countersigned by us or attached to our original signature counterpart shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evidence thereof; provided, however, that if this Agreement constitutes “electronic chattel paper” or “an electronic record evidencing chattel paper” under the UCC and both you and we have signed electronically, the version identified by us as the “single authoritative copy” is the chattel paper for purposes of perfection by control. You agree not to raise as a defense to the enforcement of this Agreement or any related documents hereto the fact that such documents were executed by electronic means. We may inspect the Equipment during the Term. No failure to act shall be deemed a waiver of any rights hereunder. If you fail to pay (within thirty days of invoice date) any freight, sales tax or other amounts related to the Equipment which are not financed hereunder and are billed directly by us to you, such amounts shall be added to the Payments set forth above (plus interest or additional charges thereon) and you authorize us to adjust such Payments accordingly. If you are required to report the components of your payment obligations hereunder to certain state and/or federal agencies or public health coverage programs such as Medicare, Medicaid, SCHIP or others, and such amounts are not adequately disclosed in any attachment hereto, then Stryker Sales, LLC will, upon your written request, provide you with a detailed outline of the components of your payments which may include equipment, software, service and other related components. You acknowledge that you have not received any tax or accounting advice from us. You agree that you shall upon request from us, promptly provide to us a copy of your most recent annual financial statements and any of your other financial information (including interim financial statements) that we may request. You authorize us to share such information with our affiliates, subsidiaries and Assignees. This Agreement, any schedules hereto, any attachments to this Agreement orany schedules and any express warrantees made by Stryker Sales, LLC constitute the entire agreement between the parties hereto regarding the Equipment and its use and possession and supersede all prior agreements and discussions regarding the Equipment and any prior course of conduct.You waive all rights to any indirect, punitive, special or consequential damages in connection with the Equipment or this Agreement. There are noagreements, oral or written, between the parties which are contrary to the terms of this Agreement and such other documents. YOU AGREE THAT THIS IS A NON-CANCELLABLE AGREEMENT AND WAIVE TRIAL BY JURY. I CERTIFY THAT I AM AUTHORIZED TO SIGN THIS AGREEMENT FOR CUSTOMER Customer signature Signature: \s1\ Date: \d1\ Print name: \n1\ Title: \t1\ Accepted by Flex Financial, a division of Stryker Sales, LLC Signature: \s6\ Date: \d6\ Print name: \n6\ Title: \t6\ Short Form Lease Agreement No.2210230236 Agreement # 2210230236 Page 61 of 203 Exhibit A to Short Form Lease Agreement Number 2210230236 Description of equipment Customer name: TOWN OF TROPHY CLUB, TEXAS Delivery Location: 295 Trophy Club Drive, Trophy Club,Texas , 76262 Part I - Equipment/Service Coverage (if applicable) Model number Equipment description Quantity 70335-000035 LP35,EN-US,MAS-SP/CO/MET,MED-CO2,SUN-NIBP,IP- TEMP,12L,WIFI/CELL/LN/CPRIN 3 11335-000001 BATTERY, LI-ION, WITH IFU, LP35 3 11140-000102 CHARGER, BATTERY, LP35 2 11996-000519 SENSOR,LNCS-II RAINBOW DCI 8-LAMBDA SPCO,ADULT M 3 11996-000520 SENSOR, LNCS-II RAINBOWDCIP 8-LAMBDA SPCO, PEDI 3 11160-000011 NIBP CUFF-REUSEABLE,INFANT, BAYONET 3 11160-000013 NIBP CUFF-REUSEABLE,CHILD, BAYONET 3 11160-000019 NIBP CUFF- REUSEABLE,X-LARGE ADULT, BAYONET 3 11335-000005 KIT, PRINTER, LP35 3 11260-000073 KIT, SHOULDER STRAP, LP35 3 11335-000008 KIT, STORAGE BAGS, LP35 3 11140-000131 POWER CORD,C13 ST,10FT,HOSPITAL GRADE 2 EC-CLA-T1 Emergency Care CLA Tier 1 1 11111-000041 ASSY, CABLE, ECG, 15 LEAD, 3 WIRE PRECOR 3 650705550001 6507 POWER PRO 2, HIGH CONFIG 2 99576-000063 LUCAS 3, 3.1, IN SHIPPING BOX, EN 3 11576-000060 LUCAS BATTERY CHARGER,MAINS PLUG,US-CAN-JA 3 11576-000071 LUCAS POWER SUPPLY WITHCORD,REDEL,CANADA,US 3 11576-000080 BATTERY,LUCAS,DARK GRAY 3 6252000000 STAIR PRO - MODEL 6252 1 650700450102 ASSEMBLY, POWER CORD, NORTH AM 2 650700450301 ASSEMBLY, BATTERY CHARGER 2 650707000002 KIT, ALVARIUM BATTERY, SERVICE 2 639005550001 MTS POWER LOAD 2 TR-SPL-PL TR-SYK PL TO PL 2 TR-SPCOT-PPXT TR-SYK PCOT TO PPXT 2 TIM-LUC2-LUC3 TR-SYK LUCAS 2 TO LUC 3.1 3 TR-EVNC-SEC TR-EVAC-CHR TO EVAC CHR 1 TR-LP15H-LP35 TRADE IN LP15 V4 HIGH FOR LP35 3 Total equipment: $370,855.01 Service coverage: Model number Service coverage description Quantity Years LIFEPK35-FLD- PRO ProCare-SVC-LP35-FIELD-REPAIR 3 5 POWERPRO- PROCARE PROCARE-SVC-POWERPRO 2 4 Page 62 of 203 LUCAS-FLD- PROCARE PROCARE-SVC-LUCAS-FIELD-REPAIR 3 5 STR-CHAIR- PROCARE PROCARE-SVC-STAIR-CHAIR 1 5 POWERLOAD- PROCARE PROCARE-SVC-POWER-LOAD 2 5 81000001 EMS LIFENET PRO TIER 1 6 0.00 Total service coverage: $95,691.28 Freight: $6,448.65 Total Amount: $472,994.94 Customer signature Signature: \s1\ Date: \d1\ Print name: \n1\ Title: \t1\ Accepted by Flex Financial, a division of Stryker Sales, LLC Signature: \s6\ Date: \d6\ Print name: \n6\ Title: \t6\ Page 63 of 203 State and Local Government Customer Rider This State and Local Government Customer Rider (the "Rider") is an addition to and hereby made a part of Short Form Lease Agreement No. 2210230236 (the "Agreement") between Flex Financial, a division of Stryker Sales, LLC ("Owner") and TOWN OF TROPHY CLUB, TEXAS ("Customer")to be executed simultaneously herewith and to which this Rider is attached. Capitalized terms used but not defined in this Rider shall have the respective meanings provided in the Agreement. Owner and Customer agree as follows: 1. Customer represents and warrants to Owner that as of the date of, and throughout the Term of, the Agreement: (a) Customer is a political subdivision of the state or commonwealth in which it is located and is organized and existing under the constitution and laws of such state or commonwealth; (b) Customer has complied, and will comply, fully with all applicable laws, rules, ordinances, and regulations governing open meetings, public bidding and appropriations required in connection with the Agreement, the performance of its obligations under the Agreement and the acquisition and use of the Equipment; (c) The person(s) signing the Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents") have the authority to do so, are acting with the full authorization of Customer's governing body, and hold the offices indicated below their signatures, each of which are genuine; (d) The Documents are and will remain valid, legal and binding agreements, and are and will remain enforceable against Customer in accordance with their terms; and (e) The Equipment is essential to the immediate performance of a governmental or proprietary function by Customer within the scope of its authority and will be used during the Term of the Agreement only by Customer and only to perform such function. Customer further represents and warrants to Owner that, as of the date each item of Equipment becomes subject to the Agreement and any applicable schedule, it has funds available to pay all Agreement payments payable thereunder until the end of Customer's then current fiscal year, and, in this regard and upon Owner's request, Customer shall deliver in a form acceptable to Owner a resolution enacted by Customer's governing body, authorizing the appropriation of funds for the payment of Customer's obligations under the Agreement during Customer's then current fiscal year. 2. To the extent permitted by applicable law, Customer agrees to take all necessary and timely action during the Agreement Term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations under the Agreement (the "Obligations"), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable appropriations, causing approval of such budget, and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the Obligations is not made. 3. Notwithstanding anything to the contrary provided in the Agreement, if Customer does not appropriate funds sufficient to make all payments due during any fiscal year under the Agreement and Customer does not otherwise have funds available to lawfully pay the Agreement payments (a "Non-Appropriation Event"), and provided Customer is not in default of any of Customer's obligations under such Agreement as of the effective date of such termination, Customer may terminate such Agreement effective as of the end of Customer's last funded fiscal year ("Termination Date ") without liability for future monthly charges or the early termination charge under such Agreement, if any, by giving at least 60 days' prior written notice of termination ("Termination Notice") to Owner. 4. If Customer terminates the Agreement prior to the expiration of the end of the Agreement's initial (primary) term, or any extension or renewal thereof, as permitted under Section 3 above, Customer shall (i) on or before the Termination Date, at its expense, pack and insure the related Equipment and send it freight prepaid to a location designated by Owner in the contiguous 48 states of the United States and all Equipment upon its return to Owner shall be in the same condition and appearance as when delivered to Customer, excepting only reasonable wear and tear from proper use and all such Equipment shall be eligible for manufacturer's maintenance, (ii) provide in the Termination Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (iii) deliver to Owner, upon request by Owner, an opinion of Customer's counsel (addressed to Owner) verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and (iv) pay Owner all sums payable to Owner under the Agreement up to and including the Termination Date. 5. Any provisions in this Rider that are in conflict with any applicable statute, law or rule shall be deemed omitted, modified or altered to the extent required to conform thereto, but the remaining provisions hereof shall remain enforceable as written. Customer signature Signature: \s1\ Date: \d1\ Print name: \n1\ Title: \t1\ Accepted by Flex Financial, a division of Stryker Sales, LLC Signature: \s6\ Date: \d6\ Print name: \n6\ Title: \t6\ Page 64 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: April Duvall, Director of Finance AGENDA ITEM: Consider a reimbursement resolution providing for the Town's intent to reimburse itself with future debt proceeds for capital expenditures to be incurred. (April Duvall, Director of Finance) BACKGROUND/SUMMARY: The Town Council of Trophy Club is undertaking capital projects in FY 2025 and FY 2026 that are to be funded through the issuance of certificates of obligation. State law requires that the Town first approve a reimbursement resolution that authorizes the Town to reimburse itself for expenses incurred in connection with projects that are to be funded through the future issuance of debt. The resolution serves as a standard financial tool used by municipalities to manage project funding, providing flexibility in covering costs. By adopting this resolution, the Town secures the ability to recover early expenditures related to the project, pending the issuance of bonds or other financial obligations at a later date. Projects may include costs associated with the design, engineering, acquisition, construction, reconstruction, or renovation of Town facilities or infrastructure. The Capital Improvement Plan for FY 2025 and FY 2026 includes multiple projects that are to be funded through the issuance of certificates of obligation in 2025. The total amount to fund these projects over two years is $8,150,000. Below is a list of projects that are to be funded from the Series 2025 certificate of obligation. Capital Improvement Plan Year Project Amount FY 2025 FY 2025 Street Projects (Forest Hill Drive, Paint Rock Court, Palmetto Court) $2,990,000 FY 2025 FY 2025 Sidewalk Projects (Parkview, Durango, Other Various Repairs) $250,000 FY 2026 FY 2026 Street Projects (Oakmont Drive) $4,010,000 FY 2026 FY 2026 Sidewalk Projects (Skyline, Creekside) $200,000 Page 65 of 203 FY 2026 Street Lights at Bobcat and Parkview $200,000 FY 2026 Streets and Parks Shop Remodel $500,000 BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The adoption of this resolution does not have an immediate fiscal impact on the Town's budget. However, it sets the stage for future financial obligations by allowing the Town to commence infrastructure projects with the intent to issue bonds or other debt instruments, up to a maximum of $8,150,000, to reimburse itself for costs already incurred or to be incurred in connection with the list of projects. The issuance of bonds or other obligations in the future will have a fiscal impact in terms of debt service requirements, including principal and interest payments over the life of the obligations. The exact impact will depend on the terms of the bonds when they are issued, including interest rates and the repayment schedule. These future costs were discussed and anticipated as part of the FY 2025 Capital Improvement Plan and debt funding plan. The Town's long-term debt financing plan and tax rate goals were adopted by resolution on September 9, 2024. A copy of the plan is attached to this agenda item for reference. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and legality. ATTACHMENTS: 1. Resolution 2. Debt Financing Plan & Tax Rate Goal ACTIONS/OPTIONS: Staff recommends that the Town Council move to approve the resolution providing for reimbursement and expressing intent to finance expenditures to be incurred; and providing an effective date. Page 66 of 203 Error! Unknown document property name. TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR REIMBURSEMENT AND EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a municipal corporation and political subdivision of the State of Texas authorized to finance its activities by issuing obligations; and WHEREAS, the Town will make, or has made not more than sixty (60) days prior to the date hereof, payments with respect to the design, engineering, acquisition, construction, reconstruction or renovation of the projects listed on Exhibit A, which is attached hereto (collectively, the “Financed Project”); and WHEREAS, in certain circumstances, federal and/or state law requires that the Town express its official intent to issue obligations to reimburse itself for expenditures paid prior to the issuance of such obligations in order for such expenditures to be eligible for reimbursement from the proceeds of such obligations; and WHEREAS, Section 1.150-2(d)(2) of the Treasury Regulations sets forth limitations regarding the timing of reimbursements made from the proceeds of certain obligations; and WHEREAS, all constitutional and statutory prerequisites for the approval of this resolution have been met, including, but not limited to, the Texas Open Meetings Act; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The facts and recitals set forth in the preamble of this resolution are hereby found to be true and correct. Section 2.The Town reasonably expects to reimburse itself for costs that have been or will be paid subsequent to the date that is sixty (60) days prior to the date hereof and that are to be paid in connection with design, engineering, acquisition, construction, reconstruction or renovation of the Financed Project from the proceeds of obligations to be issued subsequent to the date hereof. Section 3. The Town reasonably expects that the maximum principal amount of obligations issued to reimburse the Town for the costs associated with the Financed Project will be $8,150,000. Section 4.Unless otherwise advised by bond counsel, any reimbursement allocation will be made not later than eighteen (18) months after the later of (1) the date the original expenditure is paid, or (2) the date on which the Financed Project to which the expenditure Page 67 of 203 Error! Unknown document property name. relates is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. Section 5. This resolution shall become effective from and after its date of passage. PASSED AND APPROVED THIS THE 28TH DAY OF OCTOBER 2024. ______________________________ Jeannette Tiffany, Mayor ATTEST: ___________________________ Tammy Dixon, Town Secretary APPROVED AS TO FORM: ____________________________ Dean Roggia, Town Attorney Page 68 of 203 Error! Unknown document property name. EXHIBIT A DESCRIPTION OF FINANCED PROJECT Purposes/Projects Total Amount Constructing, reconstructing, improving, repairing, developing, extending and expanding streets, thoroughfares, bridges, interchanges, intersections, grade separations, sidewalks and other public ways of the Town, including related streetscape improvements, public utility improvements, storm drainage facilities and improvements, signalization and other traffic controls, street lighting, and the acquisition of land therefor. $8,150,000 Page 69 of 203 D E B T F I N A N C I N G P L A N & T A X R A T E G O A L 44 TH A N N I V E R S A R Y 2 0 2FISCAL Y E A R5 F Y 2 0 2 5 B U D G E T & F Y 2 0 2 5 -2 0 3 0 C A P I T A L I M P R O V E M E N T P L A N Page 70 of 203 44 TH A N N I V E R S A R Y 5 D e b t f i n a n c i n g i s a n e s s e n t i a l s t r a t e g y f o r g o v e r n m e n t s t o m a n a g e t h e i r f i s c a l r e s p o n s i b i l i t i e s a n d s t i m u l a t e g r o w t h . B y r e s p o n s i b l y i s s u i n g b o n d s o r o t h e r f o r m s o f d e b t , g o v e r n m e n t s r a i s e t h e c a p i t a l n e e d e d t o i n v e s t i n i n f r a s t r u c t u r e , p r o m o t i n g l o n g -t e r m s u s t a i n a b i l i t y f o r t h e c o m m u n i t y . B y c r e a t i n g a d e b t f i n a n c i n g p l a n , t h e T o w n o f T r o p h y C l u b c a n s m o o t h b u d g e t a r y i m p a c t s a n d t a x r a t e l e v e l s o v e r t i m e , f a c i l i t a t i n g e s s e n t i a l p r o j e c t s t h a t m i g h t o t h e r w i s e b e d e l a y e d o r u n d e r f u n d e d . M o r e o v e r , a w e l l -s t r u c t u r e d d e b t f i n a n c i n g p l a n e n a b l e s t h e T o w n t o l e v e r a g e f u t u r e r e v e n u e s t o a d d r e s s c u r r e n t n e e d s , s t r i k i n g a b a l a n c e b e t w e e n i m m e d i a t e e x p e n d i t u r e s a n d l o n g -t e r m f i n a n c i a l s t a b i l i t y . I n c o n j u n c t i o n w i t h t h e a n n u a l b u d g e t a n d c a p i t a l i m p r o v e m e n t p l a n p r o c e s s , t h e T o w n C o u n c i l a d o p t s a d e b t f i n a n c i n g p l a n t o e n s u r e t h a t c a p i t a l n e c e s s a r y t o f u n d c a p i t a l p r o j e c t s s u c h a s r o a d r e p a i r /r e p l a c e m e n t , s i d e w a l k r e p l a c e m e n t p r o j e c t s , a n d o t h e r i n f r a s t r u c t u r e a n d f a c i l i t y n e e d s a r e b u d g e t a r i l y a c h i e v a b l e a n d s u s t a i n a b l e w i t h i n t h e T o w n ’s d e s i r e d l o n g -t e r m t a x r a t e g o a l . D e t a i l s r e g a r d i n g s p e c i f i c p r o j e c t s a n t i c i p a t e d t o b e f u n d e d t h r o u g h t h e i s s u a n c e o f g e n e r a l o b l i g a t i o n b o n d s o r c e r t i f i c a t e s o f o b l i g a t i o n c a n b e f o u n d i n t h e c a p i t a l i m p r o v e m e n t p l a n . T h e d e b t f i n a n c i n g p l a n i s s u m m a r i z e d i n t o f o u r s e c t i o n s , p r e s e n t e d b e l o w . D E B T F I N A N C I N G P L A N & T A X R A T E G O A L R e v i e w o f e x i s t i n g d e b t F u t u r e d e b t b o r r o w i n g a m o u n t s , i n c l u d i n g a m o u n t a n d t i m i n g D e b t i s s u a n c e s t r u c t u r e , i n c l u d i n g t e r m a n d e x p e c t e d i n t e r e s t r a t e s D e b t b u r d e n g o a l s Page 71 of 203 44 TH A N N I V E R S A R Y 5 R E V I E W O F E X I S T I N G D E B T T h e T o w n o f T r o p h y C l u b h a s 1 0 b o n d i s s u a n c e s o u t s t a n d i n g , w i t h t h e m o s t r e c e n t i s s u a n c e b e i n g S e r i e s 2 0 2 3 . W i t h i n t h e c u r r e n t s i x -y e a r c a p i t a l i m p r o v e m e n t p l a n h o r i z o n , f o u r o f t h e t e n o u t s t a n d i n g b o n d i s s u a n c e s w i l l b e f u l l y r e p a i d . I n F Y 2 0 2 4 , o u t s t a n d i n g d e b t p a y m e n t s (p r i n c i p a l a n d i n t e r e s t ) t o t a l $2 ,8 8 5 ,2 2 0 . T h e T o w n ’s t o t a l o u t s t a n d i n g d e b t o b l i g a t i o n i n F Y 2 0 2 5 i s $2 ,9 4 1 ,1 4 0 . T h e T o w n ’s o u t s t a n d i n g d e b t o b l i g a t i o n d r o p s t o $2 ,0 8 1 ,1 9 9 i n F Y 2 0 2 6 , a n d t h e e n t i r e a m o u n t c u r r e n t l y o w e d w i l l b e r e p a i d b y F Y 2 0 4 3 . D E B T F I N A N C I N G P L A N & T A X R A T E G O A L F U T U R E D E B T B O R R O W I N G A M O U N T S A n t i c i p a t i n g f u t u r e d e b t a m o u n t s i s c r i t i c a l t o p r e s e n t i n g a l o n g -t e r m s u s t a i n a b l e d e b t f i n a n c i n g s t r a t e g y . F u t u r e d e b t i s s u a n c e a m o u n t s a r e p r e s e n t e d i n t h e T o w n ’s c a p i t a l i m p r o v e m e n t p l a n . T h e F Y 2 0 2 5 -2 0 3 0 C a p i t a l I m p r o v e m e n t P l a n a n t i c i p a t e s d e b t i s s u a n c e s i n F Y 2 0 2 5 , F Y 2 0 2 7 , a n d F Y 2 0 2 9 . A n t i c i p a t e d b o r r o w i n g s c h e d u l e s a r e a l s o p r e s e n t e d f o r t h e n e x t 1 5 y e a r s . O n a v e r a g e , t h e T o w n o f T r o p h y C l u b a n t i c i p a t e s b o r r o w i n g $7 ,0 0 0 ,0 0 0 e v e r y t w o t o t h r e e y e a r s a s d e p i c t e d i n t h e c h a r t a b o v e . Page 72 of 203 44 TH A N N I V E R S A R Y 5 D E B T I S S U A N C E S T R U C T U R E C e r t a i n a s s u m p t i o n s a r e m a d e r e g a r d i n g t h e s t r u c t u r e a n d i n t e r e s t r a t e s o f d e b t t o b e i s s u e d . S p e c i f i c d e t a i l s w i l l b e p r e p a r e d b y t h e T o w n ’s m u n i c i p a l a d v i s o r s p r i o r t o e a c h i s s u a n c e . F o r t h e p u r p o s e o f f o r e c a s t i n g , t h e f o l l o w i n g a s s u m p t i o n s a r e m a d e a s o f t h e a p p r o v a l d a t e o f t h i s p l a n , w h i c h s h o u l d b e v e r i f i e d a g a i n s t r e s u l t s b a s e d o n t h e c o n d i t i o n o f t h e d e b t m a r k e t a t t h e t i m e o f i s s u a n c e . D E B T F I N A N C I N G P L A N & T A X R A T E G O A L D E B T B U R D E N G O A L S O v e r t i m e , t h e T o w n o f T r o p h y C l u b d e s i r e s t o a c h i e v e t h e f o l l o w i n g g o a l s r e l a t e d t o d e b t b u r d e n . A c h i e v i n g t h e s e g o a l s s i g n i f i e s t h a t t h e T o w n ’s o v e r a l l d e b t f i n a n c i n g p l a n i s b e i n g s t r u c t u r e d t o s m o o t h b u d g e t a r y i m p a c t s a n d t a x r a t e l e v e l s . A n n u a l d e b t o b l i g a t i o n s p a y a b l e f r o m t h e T o w n ’s I &S t a x r a t e s h o u l d b e n o h i g h e r t h a n 0 .1 2 5 % o f t h e T o w n ’s t o t a l t a x a b l e v a l u a t i o n . D e b t p a y m e n t s s h o u l d b e l a d d e r e d t o a c h i e v e a r e l a t i v e l y l e v e l o r c o n s i s t e n t a n n u a l d e b t b u r d e n o v e r t i m e . A n n u a l d e b t o b l i g a t i o n a m o u n t s s h o u l d b e a d j u s t e d i n f u t u r e y e a r s t o a c c o u n t f o r a n t i c i p a t e d i n c r e a s e s i n t o t a l t a x a b l e v a l u a t i o n . Page 73 of 203 44 TH A N N I V E R S A R Y 5 D E B T F I N A N C I N G P L A N & T A X R A T E G O A L A n t i c i p a t e d f u t u r e b o r r o w i n g s s h o u l d b e p r o j e c t e d f o r t h e t e r m o f c u r r e n t o u t s t a n d i n g d e b t t o e n s u r e t h a t f u t u r e b o r r o w i n g n e e d s c a n b e a c h i e v e d w i t h o u t e x c e e d i n g t h e T o w n ’s t a x r a t e g o a l . I f p o s s i b l e , t h e T o w n ’s l o n g -t e r m g o a l i s t o m i n i m i z e t h e a m o u n t o f t a x p a y e r d o l l a r s s p e n t o n i n t e r e s t . T o t h a t e n d , t h e T o w n s h o u l d e v a l u a t e o p p o r t u n i t i e s t o c h a n g e m a t u r i t i e s f r o m 1 5 t o 1 0 y e a r s w h e n t h e a b o v e - m e n t i o n e d d e b t b u r d e n g o a l s c a n b e m a i n t a i n e d . A s t h e T o w n b e g i n s t o l a y e r d e b t e v e r y t w o t o t h r e e y e a r s , t h e a n n u a l d e b t s e r v i c e r e q u i r e m e n t w i l l g r o w f r o m i t s c u r r e n t f i s c a l y e a r a m o u n t o f $2 .9 m i l l i o n t o a p p r o x i m a t e l y $4 .5 m i l l i o n a n n u a l l y i n t h e 1 5 - t o 1 7 -y e a r h o r i z o n . T h e I &S r a t e i s e x p e c t e d t o r e m a i n f l a t a s t a x a b l e v a l u a t i o n g r o w s i n T r o p h y C l u b d u r i n g t h a t t i m e . A s c u r r e n t d e b t i s r e t i r e d , t h e a p p r o x i m a t e a n n u a l d e b t s e r v i c e a m o u n t , i n c l u d i n g p r i n c i p a l a n d i n t e r e s t , i s e x p e c t e d t o s t a b i l i z e a r o u n d $4 m i l l i o n a n n u a l l y . I n f r a s t r u c t u r e s u c h a s r o a d s , s i d e w a l k s , m e d i a n s , s t o r m s e w e r s , f a c i l i t i e s , a n d p a r k s t h a t h a v e u s e f u l l i v e s e x t e n d i n g b e y o n d 1 5 y e a r s a r e t o b e m a i n t a i n e d , r e p a i r e d , r e p l a c e d , o r a d d e d n e w t h r o u g h d e b t f i n a n c i n g w i t h a m a x i m u m t e r m o f 1 5 y e a r s . S m a l l e r e q u i p m e n t , v e h i c l e s , a n d o t h e r c a p i t a l a s s e t s t h a t h a v e a u s e f u l l i f e o f l e s s t h a n 1 0 y e a r s a r e t o b e d e b t f i n a n c e d w i t h a m a x i m u m t e r m o f 5 y e a r s . D E B T B U R D E N G O A L S (C O N T .) Page 74 of 203 44 TH A N N I V E R S A R Y 5 T A X R A T E G O A L B y T e x a s l a w , t h e T o w n ’s d e b t o b l i g a t i o n s m a y b e f u n d e d t h r o u g h a n I n t e r e s t & S i n k i n g (I &S ) t a x r a t e t h a t i s l e v i e d o n a l l t a x a b l e p r o p e r t y i n T r o p h y C l u b . I t i s t h e T o w n ’s i n t e n t t o p a y f o r a l l e l i g i b l e d e b t p a y m e n t s t h r o u g h t h e I &S r a t e . M a i n t a i n i n g a n a p p r o p r i a t e I &S t a x r a t e i s c r i t i c a l t o m a i n t a i n i n g t h e T o w n ’s c a p i t a l i n f r a s t r u c t u r e . L i m i t a t i o n s o n t h e T o w n ’s o p e r a t i n g b u d g e t p r e v e n t l a r g e a d j u s t m e n t s t o m a i n t a i n e x p e n s i v e i n f r a s t r u c t u r e s u c h a s r o a d s , s i d e w a l k s , s t o r m s e w e r s y s t e m s , m e d i a n s , a n d p a r k s . A c c o r d i n g l y , T o w n s t a f f p r e s e n t s p r i o r i t i z e d l i s t s o f i n f r a s t r u c t u r e p r o j e c t s t o t h e T o w n C o u n c i l w i t h t h e i n t e n t o f f u n d i n g t h e s e p r o j e c t s f r o m t h e I &S t a x r a t e . T h e T o w n ’s I &S t a x r a t e i n F Y 2 0 2 4 i s $0 .0 9 9 7 9 9 . I n F Y 2 0 2 5 , t h e I &S t a x r a t e i s $0 .0 9 9 4 2 7 p e r $1 0 0 o f t a x a b l e v a l u a t i o n . T h e T o w n ’s g o a l i s t o m a i n t a i n a l e v e l I &S t a x r a t e o f $0 .1 0 5 p e r $1 0 0 o f t a x a b l e v a l u a t i o n . F r o m t h e F Y 2 0 2 5 a m o u n t , t h e T o w n h a s $0 .0 0 5 5 7 3 (a l i t t l e m o r e t h a n h a l f a p e n n y ) t o g r o w t h e I &S t a x r a t e t o a c h i e v e t h e g o a l o f $0 .1 0 5 . O n a n a n n u a l b a s i s d u r i n g t h e b u d g e t p r o c e s s , s t a f f w i l l p r e s e n t o p t i o n s t o t h e T o w n C o u n c i l t o i n c r e a s e t h e I &S t a x r a t e b y t h e n e c e s s a r y $0 .0 0 5 5 7 3 . I n o r d e r t o a v o i d a t a x r a t e i n c r e a s e o n T r o p h y C l u b r e s i d e n t s , t h e p r i m a r y s t r a t e g y i s t o i n c r e a s e t h e I &S t a x r a t e e q u a l t o t h e r e q u i r e d r e d u c t i o n s i n t h e M a i n t e n a n c e a n d O p e r a t i o n s (M &O ) v o t e r a p p r o v a l r a t e e s t a b l i s h e d b y 2 0 1 9 S e n a t e B i l l 2 . T o f o r e c a s t t h e d e b t f i n a n c i n g p l a n w i t h t h e t a x r a t e g o a l , t h e T o w n u t i l i z e s a n a n n u a l t a x a b l e v a l u a t i o n g r o w t h e s t i m a t e o f 3 .0 0 % t h r o u g h F Y 2 0 4 0 . A f t e r F Y 2 0 4 0 , t h e t a x a b l e v a l u a t i o n g r o w t h e s t i m a t e i s f l a t a t 0 .0 0 %. T h e s e e s t i m a t e s s h o u l d b e c h e c k e d a g a i n s t a c t u a l r e s u l t s b a s e d o n t a x a b l e v a l u a t i o n g r o w t h a t t h e t i m e o f i s s u a n c e . T h e t a x a b l e v a l u a t i o n f o r F Y 2 0 2 5 i s $2 ,6 1 6 ,3 6 8 ,1 8 3 . A t 3 .0 0 % a n n u a l g r o w t h , t h e t a x a b l e v a l u a t i o n w o u l d r e a c h $3 b i l l i o n i n F Y 2 0 3 1 . D E B T F I N A N C I N G P L A N & T A X R A T E G O A L Page 75 of 203 44 TH A N N I V E R S A R Y 5 T A X R A T E G O A L (C O N T .) A s t h e T o w n s t r i v e s t o m a i n t a i n a n I &S t a x r a t e o f $0 .1 0 5 p e r $1 0 0 o f t a x a b l e v a l u a t i o n , t h e T o w n w i l l u t i l i z e t w o p r i m a r y t e c h n i q u e s t o r e a c h e l i g i b l e d e b t t a r g e t s . D E B T F I N A N C I N G P L A N & T A X R A T E G O A L I f t h e T o w n h a s n o t i d e n t i f i e d c a p i t a l p r o j e c t s , i n c l u d i n g e q u i p m e n t a n d /o r v e h i c l e s , n e c e s s a r y f o r m u n i c i p a l o p e r a t i o n s , t h e T o w n w i l l s e e k d e b t d e f e a s a n c e t o r e a c h t h e d e s i r e d d e b t t a r g e t t o a c h i e v e a t o t a l I &S t a x r a t e g o a l o f $0 .1 0 5 . I f t h e T o w n h a s i d e n t i f i e d e q u i p m e n t a n d /o r v e h i c l e s n e c e s s a r y f o r m u n i c i p a l o p e r a t i o n s a n d e l i g i b l e f o r d e b t f i n a n c i n g , t h e T o w n w i l l s e e k s h o r t -t e r m d e b t o p t i o n s , n o m o r e t h a n 5 y e a r s , t o f u n d t h e s e i t e m s . I n c o n c l u s i o n , t h e F Y 2 0 2 5 D e b t F i n a n c i n g P l a n a n d T a x R a t e G o a l f o r t h e T o w n o f T r o p h y C l u b p r o v i d e s a s t r a t e g i c f r a m e w o r k t o e n s u r e t h e T o w n ’s i n f r a s t r u c t u r e n e e d s a r e m e t i n a f i s c a l l y r e s p o n s i b l e m a n n e r . B y m a i n t a i n i n g a b a l a n c e d a p p r o a c h t o d e b t i s s u a n c e a n d m a n a g i n g t h e I &S t a x r a t e , t h e T o w n c a n f u n d e s s e n t i a l p r o j e c t s w h i l e e n s u r i n g l o n g -t e r m f i n a n c i a l s t a b i l i t y . T h i s p l a n r e f l e c t s t h e T o w n ’s c o m m i t m e n t t o s u s t a i n i n g g r o w t h a n d e n h a n c i n g t h e q u a l i t y o f l i f e f o r i t s r e s i d e n t s , a l l w i t h i n a w e l l -s t r u c t u r e d a n d s u s t a i n a b l e f i n a n c i a l s t r a t e g y . Page 76 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Brandon Wright, Town Manager Tammy Dixon, Town Secretary AGENDA ITEM: Consider a resolution adopting the Boards and Commissions Manual and repealing Resolution 2018-08. (Tammy Dixon, Town Secretary) BACKGROUND/SUMMARY: Staff has revised the Boards and Commissions Manual, which outlines the operational procedures for the Town’s boards, commissions, and committees (Boards). The revised document was initially presented to the Town Council at the June 10, 2024 Work Session and again on October 14, 2024 for further discussion. This resolution repeals Resolution No. 2018-08, which adopted the Handbook for Elected and Appointed Officials, and formally adopts the updated Boards and Commissions Manual to provide clearer guidelines and improved processes for the operation of the Town’s Boards. Additionally, to ensure that all board and commission members are trained and well-informed, the Town Manager and Town Secretary have conducted training sessions with the Animal Services Board, Parks & Recreation Board, and Economic Development Corporation Board. Training will be completed for all boards by December. These sessions cover required paperwork, an overview of Robert’s Rules of Order, and the roles and responsibilities of board members including the roles of chair, vice chair, and secretary. BOARD REVIEW/CITIZEN FEEDBACK: The Boards and Commissions Manual was distributed to each Board/Commission Chair and staff liaison for review and input. Their feedback has been incorporated into the final version. FISCAL IMPACT: There is no financial impact associated with this agenda item. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and legality. ATTACHMENTS: 1. Resolution 2. Exhibit A: Boards and Commissions Manual ACTIONS/OPTIONS: Staff recommends that the Town Council move to approve the resolution adopting the Boards and Commissions Manual and repealing Resolution 2018-08. Page 77 of 203 Page 78 of 203 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING THE TOWN OF TROPHY CLUB BOARDS AND COMMISSIONS MANUAL AND REPEALING RESOLUTION NO. 2018-08; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”) recognizes the importance of citizen involvement in local government through service on Town Boards and Commissions, which provide essential advisory and quasi-judicial functions to the Town Council and Town Staff; and WHEREAS, the Town adopted the “Municipality of Trophy Club Handbook for Elected and Appointed Officials” by Resolution No. 2018-08 to establish guidelines and procedures for the operation of Town Boards and Commissions; and WHEREAS, the Town Council has determined that it is necessary to update and replace the Handbook with a new “Boards and Commissions Manual” to enhance clarity, improve procedures, and better serve the Town’s current and future needs; and WHEREAS, the new “Boards and Commission Manual” will ensure compliance with state laws, including the Texas Open Meetings Act, and provide consistent guidelines for the operation and management of all Town Boards and Commissions; and WHEREAS, the Town Council finds and determines that the new “Boards and Commissions Manual” will be beneficial to the Town and promote the general health, safety, and welfare of the Town’s residents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The facts and recitals set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The Town Council hereby repeals Resolution No. 2018-08 and all other resolutions adopting or amending the “Municipality of Trophy Club Handbook for Elected and Appointed Officials” and adopts the new “Boards and Commission Manual”, which is attached to this Resolution as Exhibit A. Section 3. The Town Council further directs Town Staff to provide a draft ordinance for the Town Council’s consideration recommending amendments to the Town’s Code of Ordinances that reference the “handbook for elected and appointed officials”. Page 79 of 203 RESOLUTION 2024-XX PAGE 2 Section 4. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 28th day of October 2024. _______________________________ Jeannette Tiffany, Mayor ATTEST: _______________________________ Tammy Dixon, Town Secretary APPROVED AS TO FORM: _______________________________ Dean Roggia, Town Attorney Page 80 of 203 RESOLUTION 2024-XX PAGE 3 EXHIBIT A TOWN OF TROPHY CLUB BOARDS AND COMMISSIONS MANUAL Page 81 of 203 BOARDSAND COMMISSIONS MANUAL PROCEDURAL MANUAL This Boards and Commissions Manual provides information about applying for and serving as a member of a Trophy Club Board or Commission. It outlines the roles and responsibilities of board members in relation to the Trophy Club Town Council, Town staff, and the community. w w w .t r o p h y c l u b .o r g 2024 Draft 10/28/2024 Page 82 of 203 page 0 2 B o a r d s a n d C o m m i s s i o n s M a n u a l INTRO Throughout this manual, references to “board(s)” should be interpreted to also mean “commission(s),” “corporation(s),” and “committee(s).” As a board member, you perform a public service to the Town, with both the obligation and opportunity to provide valuable input. This requires a thorough understanding of your role and a willingness to engage constructively with the public, elected officials, and Town staff. This Boards and Commissions Manual provides information about applying for and serving as a member of a Trophy Club Board. It outlines the roles and responsibilities of board members in relation to the Trophy Club Town Council, Town staff, and the community. While no single document can cover all aspects of serving on a Town board, this manual consolidates various topics and regulations for quick reference. It is not intended to answer every question or address every situation you may encounter as a board member. Your experience may lead to suggestions for improving this manual in future editions, and we welcome your input. This manual has been adopted by resolution of the Town Council and will be updated periodically. If any provision of this manual conflicts with any Town Ordinance or the Town Charter, the Ordinance or Charter shall prevail. Thank you for your interest in serving your community! Your efforts will continue to make Trophy Club “A Great Place to Call Home.” The Town Council of Trophy Club encourages and deeply appreciates our dedicated citizens who serve on Boards, Commissions, and Corporations. Serving on a board or commission can be a rewarding experience for community service-minded residents, offering an excellent opportunity to participate in the functioning of local government and to personally contribute to shaping the future of Trophy Club. Making local government effective and responsive is everybody's responsibility. GRATITUDE AND APPRECIATION DUCTION Page 83 of 203 GOVERNMENT STRUCTURE The Trophy Club Town Charter, adopted in 2004, serves as the basic governing authority of the Town. It determines the form of municipal government, the composition, and powers of the Town Council and establishes the legal framework necessary for the Town to function. The Charter provides for municipal functions under the council-manager form of government. Under this system, the Town Council serves as community leaders and policymakers, while a professional manager oversees the daily operations of the Town. The Trophy Club Town Charter, adopted in 2004, serves as the basic governing authority of the Town. HOME RULE CHARTER The Town Council consists of a mayor and six council members who together serve as the legislative body of the Town. All members are elected at large and serve three-year terms, with no more than two consecutive terms. The mayor presides over Town Council meetings, acts as the community spokesperson, and facilitates communication and understanding among elected officials. As a member of the Town Council, the mayor is entitled to vote. Council members are policy makers elected to represent the entire community, focusing on addressing citizens’ needs and wishes. As the legislative body, they are the community decision-makers, responsible for approving the budget and determining the tax rate. The council concentrates on community goals, major projects, and long-term considerations such as community growth, land use development, capital improvement plans, and strategic planning. TOWN COUNCIL page 0 3 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 84 of 203 GOVERNMENT STRUCTURE Appointed by the Town Council, the Town Manager is the chief administrative officer of the Town. The Town Manager oversees administrative operations, implements Town Council policies, and advises the Town Council on matters brought before them for consideration. Responsibilities include preparing the Town’s annual budget for the Council’s review and approval, recruiting, hiring, and supervising Town staff, and serving as the Council’s chief adviser by providing objective information on policy matters. Additionally, the Town Manager makes policy recommendations to the Council, which the Council may adopt, modify, or reject. TOWN MANAGER The Town Secretary is a statutory position required by state law and the Town Charter and is appointed by the Town Council. The Town Secretary provides legislative and administrative support to the Town Council and Town Manager. Additionally, the Town Secretary serves as the Records Management Officer, oversees the Boards and Commissions appointment process, administers all regular and special elections, prepares and posts Town Council meeting agendas and minutes, and maintains the official records of the Town. TOWN SECRETARY page 0 4 B o a r d s a n d C o m m i s s i o n s M a n u a l The Town Attorney is appointed by the Town Council and serves as the legal advisor, representing the Town’s legal interests and rights. The Town Attorney attends Town Council meetings and other Board meetings when needed. Questions regarding legal matters should first be directed to the board liaison to determine if a consultation with the Town Attorney is necessary. TOWN ATTORNEY Page 85 of 203 BOARDS +COMMISSIONS The Town of Trophy Club has over eighty individuals serving on nine boards, commissions, and committees, all of whom assist in local government functions. Many of these bodies are advisory to the Town Council, while others have distinct responsibilities established by law. Each board receives staff support from a specific Town department, which assists in preparing agendas, maintaining minutes, and keeping attendance records. In addition to the boards and commissions established by the Town Charter, the Town Council has the authority to create additional boards and commissions to advise on various issues. These bodies may be referred to as “commissions,” “corporations,” or “districts,” with members known as “commissioners” or “directors.” However, for the purposes of this manual, any reference to a “board” shall also include “commissions,” “corporations,” and “districts,” as well as their members. ADVISORY BOARDS & COMMISSIONS ABOUT These boards advise the Town Council on public policy, providing creative ideas and community feedback and serving as a sounding board for proposed policies. They do not make policy nor have any legal authority. page 0 5 B o a r d s a n d C o m m i s s i o n s M a n u a l DECISION-MAKING BOARDS AND COMMISSIONS These boards may serve as advisory groups but also have quasi-judicial authority, often established by state law. They set or enforce policy and make legally binding decisions. Members are often required to have expertise in specific areas. SEPERATE ENTITY BOARDS AND COMMISSIONS These are separate legal entities from the Town of Trophy Club but are overseen and appointed by the Town Council. AD-HOC COMMITTEES Created periodically for specific tasks or recommendations to the Town Council, ad-hoc committees cease to exist once their specific purpose is accomplished. Page 86 of 203 Each board receives its charge from the Texas statutes and/or from a Town ordinance or resolution establishing the board. The Town Council may, from time to time, ask a board to consider specific items not in conflict with existing laws. Boards must ensure that all actions align with the Town of Trophy Club's goals, objectives, adopted plans, and policies. As a board member, you represent the Town and are required to abide by all applicable rules and laws governing ethical behavior. All new appointees are orientated by the Town staff liaison. The Town staff, the Texas Municipal League, and other training organizations may provide additional training sessions for board members. The Town Council encourages members to take advantage of these opportunities. No board member who is not present at a meeting shall be allowed to vote by proxy. The board must comply with open meeting laws, including the for public notice of meetings. With limited exceptions, board meetings must be open to the public, and public notices of each meeting must be posted at least 72 hours prior to the meeting. To conduct official business at a regular or special meeting, a quorum of the board must be present. In the absence of a rule, bylaw, or statute providing otherwise, a quorum is defined as more than half of the board members, not counting vacant seats. If a quorum is absent at any meeting, the chair must postpone the meeting until a quorum can be present, provided adequate notice is given pursuant to open meeting laws. If there is a quorum present, and both the Chair and the Vice-Chair are absent, the Board Members present may agree upon a Board Member to preside and serve as temporary Chair. Some boards may have standing committees or ad-hoc committees consisting of fewer members than a quorum. These committees are not required to post notices of meetings or take minutes. However, their purpose is to study an issue and report back to the board as a whole. BOARDS +COMMISSIONS HOW DO BOARDS OPERATE? page 0 6 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 87 of 203 Applicants for Boards must be United States citizens, residents of Trophy Club for at least six months, and registered voters at the time of appointment. The Town Council may, for good cause shown, waive the voter registration and/or length of residency for an applicant, except where restricted by State Law. The knowledge, skills, and technical expertise of applicants may be a consideration in the appointment process. If a member's residency status temporarily changes for up to six months during their term or reapplication period, they may request a review by the Council. If this temporary change does not violate any Charter or state law s, the Council may authorize the member's continued service or reappointment until they return to permanent residency status. 01. All applications received, including those from incumbents, are reviewed and considered for interviews by the Town Council Appointments Committee, which is comprised of three Town Council Members appointed each June. The Committee interviews applicants and makes recommendations to the full Council regarding appointments to all Boards. Interviews are typically conducted in July and August, with appointments made in September and terms beginning on October 1. The Committee also considers applicants during the year in the event of mid-year vacancies. Applications Recieved 02. Applicants are encouraged to attend several meetings of a board prior to applying and/or being appointed to a board. Attend Meetings 03. The Council strives to provide opportunities for as many interested residents as possible to serve on the Town Boards. However, if the number of open seats exceeds the number of qualified applicants, the Council may allow a person to serve on more than one Board. If the number of qualified applicants exceeds the number of open seats, the Council's goal is to first appoint those not already serving before considering those who are already serving on another Board. The Council may replace a current member serving on multiple bodies before the end of their term if there are enough qualified applicants. Open Seats and Applicants 04. The Building Standards Commission (BSC) and the Zoning Board of Adjustment (ZBA) do not meet regularly but only as needed. Therefore, the Council utilizes a dual appointment process for these bodies. The BSC shall be comprised of the members of the ZBA. Exception BOARDS +COMMISSIONS QUALIFICATIONS page 0 7 B o a r d s a n d C o m m i s s i o n s M a n u a l APPOINTMENT PROCESS Page 88 of 203 Members are typically appointed to a two-year term with no term limits, with terms beginning in October. All board members serve at the pleasure of the Town Council and may be removed before their term expires. Terms are staggered, with the Town Council making annual appointments to replace members whose regular terms expire yearly. A member shall serve until the expiration of their term or until a successor is appointed, whichever occurs later unless otherwise provided by law. Reappointment to a second term is not automatic, and a new application is required for consideration. Exception: Members of the Zoning Board of Adjustment may only be removed when their term has expired or for cause on a written charge after a public hearing (GC 211.008). Vacancies generally occur when a member resigns or moves out of Town. Board members should notify their staff liaison or staff contact immediately once a vacancy is confirmed. The staff person will inform the Town Secretary’s office, which will notify the Town Council Appointments Committee of the vacancy. A replacement will be appointed promptly if the vacancy creates a hardship in the board’s ability to conduct business or if it occurs early in the fiscal year. Otherwise, a replacement may be delayed until the Town’s annual board process in the fall. Vacancies, if filled, will be for the remainder of the vacated term. TERMS/VACANCIES/RESIGNATIONS BOARDS +COMMISSIONS page 0 8 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 89 of 203 ATTENDANCE CONT. All appointed and reappointed board members are required to take the oath of office and sign the anti- bribery statement, as mandated by the Texas Constitution. Assuming the duties of office before taking, subscribing, and filing the oath of office may result in removal from office. RESPONSIBILITIES BOARD MEMBERS& STAFF OATH OF OFFICE & ANTI- BRIBERY STATEMENT The Town Council values your viewpoint and takes your appointment, attendance, and involvement on a board seriously. They ask that you take your role with the same level of seriousness. Effectiveness as a board member requires regular attendance. The Town Council understands that board members have careers and other responsibilities, but due to the importance of citizen boards, the Council asks that all members, including alternates, make every effort to attend all meetings. ATTENDANCE If a board member misses three consecutive regular meetings without notifying the Staff Liaison, or if the reason for absence is deemed invalid, the Staff Liaison will inform the Town Secretary, who will then advise the Town Council Appointments Committee for review. If maintaining regular attendance becomes difficult, consider whether you have sufficient time to be an effective member. Attendance of all members shall be recorded by the Staff Liaison or board secretary and provided to the Town Secretary annually upon request. page 0 9 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 90 of 203 EXTERNAL TRAINING RESPONSIBILITIES BOARD MEMBERS & STAFF The Open Meetings Act and the Public Information Act impose mandatory open government educational s on elected and appointed officials. Each board member is required to take this training within 90 days after their appointment or reappointment. Training videos are available online at www.oag.state.tx.us. OPEN MEETINGS ACT AND PUBLIC INFORMATION ACT TRAINING Additional training opportunities may be available through regional governmental organizations such as the North Central Texas Council of Governments, the Texas Municipal Clerks Association, or the Texas Municipal League. The Town Secretary’s office or staff liaison will inform board members about relevant opportunities based on availability and funding. page 1 0 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 91 of 203 The Chair/President serves as the leader of the board, responsible for ensuring efficient and meaningful operations. This includes clarifying roles, conducting efficient meetings, and ensuring that necessary information is readily available to create a positive working environment. The board bylaws or rules of order may grant specific authority to the Chair/President. Generally, the Chair/President, or in their absence, the Vice Chair, has the following duties: Procedures for the election of a chair and vice chair (officers) are designed to ensure that meetings are conducted in an orderly manner. Except as otherwise provided by state or federal law, Town Charter, or Town ordinance or resolution, the election of officers for Town Council-appointed boards will be as follows: ELECTION OF CHAIR/VICE CHAIR ROLE OF A CHAIR/PRESIDENTS RESPONSIBILITIES BOARD MEMBERS & STAFF The Town Council has the sole authority to appoint the chair and, in some instances, the vice-chair for certain boards (e.g., Planning & Zoning Commission, Tax Increment Reinvestment Zone, Zoning Board of Adjustment). All other chairs and vice-chairs will be elected by voting board members. For boards that elect officers, elections shall be held annually as soon as practicable after the annual appointment process. If, for any reason, the chair or vice-chair vacates their seat,an election should be held by the voting members to fill the unexpired term. A temporary chair may be selected by the board. The chairperson presides over the meetings and is entitled to vote. page 1 1 B o a r d s a n d C o m m i s s i o n s M a n u a l Presides at Meetings: Leads all board meetings, ensuring the board's work is accomplished. The Chair must control the meeting to prevent irrelevant, repetitive, or unproductive discussions while ensuring all viewpoints are heard and considered fairly and impartially. The Chair cannot make rules related to meeting conduct or procedures without full board approval. Signs Correspondence/Documents: Signs correspondence and documents on behalf of the board. Represents the Board: Represents the board before the Town Council. The Chair/President and Staff Liaison are responsible for ensuring that the board's proceedings fulfill the direction provided by the Council in a timely manner, with appropriate information and context. Before undertaking any project or initiative that requires funding beyond the approved Town budget, the initiative must be submitted to the Staff Liaison for action by the Town Manager. Page 92 of 203 Board members have an obligation to consider the welfare of the entire Town, to be fair, objective, and courteous, and to ensure due process to all who come before them. While public opinion should be sought, no board member should allow their judgment to be unduly influenced by the criticism of those attending the meetings. Communications from the public to boards should be received and relayed to the board through the staff contact. Staff is responsible for including all communications received in the agenda packet according to publication deadlines. Official responses to citizen inquiries must be approved by the full board and sent via staff. The roster of board members is a public document and includes the name, residential or mailing address, and either a home or business phone number of each board member. Board members may interact with the public; however, if contacted by the public outside a meeting, they should encourage citizens to send their comments to staff for distribution to all board members. Alternates serve as voting members in the absence of a regular member. In determining which alternate member shall serve in the absence of a regular member, alternates will be selected in order of place number. If, for any reason, alternate member #1 is unable to serve, alternate member #2 shall serve, and so forth. Alternates are encouraged to attend all meetings to remain apprised of the board’s work but may not participate unless serving in the absence of a regular member. ROLE OF AN ALTERNATE RESPONSIBILITIES BOARD MEMBERS & STAFF GENERAL PUBLIC INTERACTION page 1 2 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 93 of 203 REPRESENTATION: Individual board members may not represent the board before the general public unless authorized by the Town. When appearing in a private capacity before other boards, outside agencies, the media, or the general public, the board member must clearly indicate that they are speaking as a private individual, not as an official representative. REPRESENTATION, CONTACTS, AUTHORITY OF BOARD MEMBERS page 1 3 B o a r d s a n d C o m m i s s i o n s M a n u a l RESPONSIBILITIES BOARD MEMBERS & STAFF AVOIDANCE OF CONTACTS AND INDIVIDUAL DISCUSSIONS: It is not uncommon for applicants, opponents, or their representatives to approach individual members to solicit support or disapproval of a pending issue. Members of the Building Standards Commission, Zoning Board of Adjustment, and Ethics Commission must decline these individual contacts. REQUESTS FOR SPONSORSHIPS, DONATIONS, AND AGREEMENTS WITH VENDORS: Unless acting jointly with a Staff Liaison and pursuant to the direction of their respective board, members do not have the authority to seek donations, make agreements with vendors, or give the impression that they are acting as an agent for the Town. Furthermore, board members are not permitted to obligate any Town funds or enter into any agreements without prior written approval from the Town Manager. All actions requiring the obligation or expenditure of funds shall be in accordance with the applicable approved budget. Page 94 of 203 The Town Manager assigns a staff liaison to work with each board. A staff liaison serves as a resource for the board, answering questions and providing general assistance. Board members do not have authority over the work program of Town staff. The liaison acts as an information resource and provides technical assistance to the board. Board members may not direct Town staff in their board-related activities, nor can they assign projects or direct staff work. A board may request staff assistance on various projects; however, the Town Manager must approve all requests that create a substantial demand for a work product. 01.Preparing and providing meeting calendars, agendas, staff reports, and supporting information to the board members prior to meetings. 02.Ensuring compliance with the Texas Open Meetings Act. 03. 04. ROLE OF STAFF LIAISON RESPONSIBILITIES BOARD MEMBERS & STAFF Responding to board member or public requests for information related to the business of the board. Taking meeting minutes, as applicable. page 1 4 B o a r d s a n d C o m m i s s i o n s M a n u a l STAFF LIAISON RESPONSIBILITIES: Page 95 of 203 Most boards establish their own rules and procedures to govern their operation. These rules will be discussed in detail with your staff liaison or staff contact. Every open meeting will include a public comment section on the agenda. The Texas Open Meetings Act restricts members of the governing body or board from discussing items not posted on the agenda. If a topic is not a posted agenda item, actions or responses to a speaker’s remarks by members of the governing body or board are limited to either a statement of fact, a recitation of existing policy, or a proposal to place the subject on the agenda for a future meeting. The Town Council has adopted Robert’s Rules of Order to serve as a guide on all questions of procedure not addressed by provisions of the Town Charter or contained within the Code of Ordinances. In the event of a conflict between the Charter or Code of Ordinances and Robert’s Rules of Order, the Charter and/or Code of Ordinances shall prevail. RULES OF PROCEDURE The staff liaison will take meeting minutes in a form consistent with Town Council meeting minutes. The minutes will be presented for approval by the members present at the next meeting, with revisions, corrections, or amendments made at that time. MINUTES RESPONSIBILITIES BOARD MEMBERS & STAFF Staff liaisons will seek input from boards for work topics and priorities for council discussion and consideration during their annual strategic planning session. At the request of the Town Council, boards may occasionally participate in a joint work session with the Town Council when more immediate feedback or input on a topic is needed. Some boards are required to provide annual reports to the Town Council. Other boards may be periodically asked to report on their activities, accomplishments, projects, and initiatives. Board members are encouraged to first contact their staff liaison regarding policy matters that fall within the scope and purpose of the board. The mayor or any member of council may also be contacted individually or collectively at MayorandCouncil@trophyclub.org. COMMUNICATION WITH TOWN COUNCIL page 1 5 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 96 of 203 The role of a board member is to bring their experience and insight to the board, deliberating with other members to reach decisions that fulfill the board’s purpose in the best interest of the citizens it serves, and in accordance with applicable laws. Several strategies can help you be an effective board member: BE PREPARED BEING AN EFFECTIVE BOARD MEMBER Reading your agenda packet before the board meeting is essential. Thorough preparation enhances your ability to actively participate. ASK QUESTIONS Board members are not expected to know everything. When policy is discussed or decisions are deliberated, ask questions to facilitate learning. Seek clarification from those presenting during the meeting. KNOW THE LAW New regulations are continually revised and updated. Stay informed about changes that impact the board you serve on. Being a board member requires attentiveness and openness to learning new things. Remain engaged in the meeting and avoid distractions such as smartphones and other devices. RESPONSIBILITIES BOARD MEMBERS & STAFF MAINTAIN FOCUS page 1 6 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 97 of 203 There are many ways you can have a successful board meeting; these are just a few. Consider your actions, how you present yourself, and how you represent the Town as these factors impact your board’s effectiveness. You have been appointed to help the Town Council make informed decisions for the citizens of Trophy Club. As a public official, you have certain responsibilities and must abide by specific rules. BEING AN EFFECTIVE BOARD MEMBER RESPONSIBILITIES BOARD MEMBERS & STAFF BE COURTEOUS Every member’s contribution is significant. Treat all members equally and with respect when sharing thoughts, ideas, and suggestions, as these viewpoints are crucial for the decision-making process. BE PUNCTUAL Make every attempt to arrive on time for meetings and inform your board liaison if you will be absent. Unexpected absences can cause a meeting to be cancelled if not enough members are present to establish a quorum. As a courtesy of your fellow board members and the public, please provide advance notice of any absences. ACTIVE PARTICIPATION Passivity breeds inactivity. Rather than simply reacting, be pro-active in your thinking. Asking appropriate questions, requesting important information, and participating in discussions will enhance your effectiveness as a board member. WATCH/LISTEN Reviewing materials or videos from prior meetings can help familiarize you with topics before the board. Most board meetings are streamed live, recorded, and archived at www.trophyclub.org/agendas. page 1 7 B o a r d s a n d C o m m i s s i o n s M a n u a l SECURITY There are security measures in place at Town Hall should the need ever arise. Your staff liaison can provide an overview of these measures, as well as the evacuation plan. Page 98 of 203 The State’s conflict of interest law, Chapter 171 of the Texas Government Code, , although only applicable to officers of the Town, has been made applicable to all board members by practice. However, penal provisions of Chapter 171 are not applicable to advisory board members. Chapter 171 requires a board member with substantial interest in a business entity or real property to file an affidavit with the staff liaison and abstain prior to a vote or decision on any matter involving the business entity or real property if the action on the matter will have a special economic effect on the business entity distinguishable from the effect on the public, or if it is foreseeable that the action on the matter will have a special economic effect on the value of the real property, distinguishable from its effect on the public. For example, the Attorney General (AG) has opined that a special economic effect on the value of real property distinguishable from the effect on the public exists when a Planning and Zoning board member has an interest in real property located within 200 feet of property being rezoned. However, the AG made it clear that these evaluations are highly fact intensive. Ask yourself the question, will this action before my board affect the value of my real property in a manner that is different from the public at large? ETHICS The Town Council has adopted an ethics policy that applies to all council members and appointed Town officials, including board members. For detailed information about the Town’s Code of Ethics, please click here. It is important to familiarize yourself with these regulations. ETHICS AND CONFLICTS CONFLICTS OF INTEREST You have a substantial interest in a business entity if: You own 10 percent or more of the voting shares of the business entity or own either 10 percent or more or $15,000 or more of its fair market value; You received funds from the business entity exceeding 10 percent of your gross income for the previous year. page 1 8 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 99 of 203 ETHICS You have a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. You have a substantial interest if your close relative within the first degree of consanguinity and affinity has a substantial interest. A violation of chapter 171 is a Class A misdemeanor. CONFLICTS OF INTEREST CONT. AND CONFLICTS APPEARANCE OF CONFLICT There are times you will have a perceived conflict of interest even though it is not a conflict that is prohibited by law. In those cases, you should make a judgment call as to whether you should abstain from the matter. If you think the perceived conflict affects your ability of independent judgment or there is a strong appearance that you lack the ability to remove yourself from the perceived conflict in making a decision, you should carefully consider whether abstention is appropriate. Often, these are difficult judgment calls for which there are no absolute right answers. In making your decision, you should weigh the harm of participating against your general duty to serve on the board. You have a duty to participate and vote on all matters that come before the board, unless you have a conflict, or you lack information to decide the issue. Do not hesitate to consult with the Town Attorney’s office for guidance. page 1 9 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 100 of 203 The common law doctrine of incompatibility of office prohibits you from holding two conflicting public offices. You cannot hold another public office that conflicts with your duties on the board. Because this is a very fact-sensitive issue, you should contact the Town Secretary, who will consult with the Town Attorney’s office if you hold another public office. It is important to do this before serving as a governmental board member, as your acceptance of appointment may result in the automatic forfeiture of your other public office. Chapter 176 of the Texas Local Government Code requires you to file a Conflict Disclosure Statement with the Town Secretary if you or your family member: CHAPTER 176 CONFLICTS DISCLOSURE INCOMPATIBILITY OF OFFICE Has an employment or business relationship with a Town contractor or vendor that results in taxable income. Received or accepted one or more gifts from a Town contractor or vendor (excluding gifts of food, lodging, transportation, or entertainment accepted as a guest) with an aggregate value of $250 in the preceding 12 months. You are required to file the form within seven days after you become aware of the relationship with the Town. The Conflict Disclosure Statement is signed under penalty of perjury, and it is a Class C misdemeanor to fail to timely file the form. However, it is a defense to prosecution if you file the Conflict Disclosure Statement not later than the seventh day after you receive notice of violation. Therefore, you have two chances to comply. ETHICS AND CONFLICTS page 2 0 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 101 of 203 Town boards must comply with the Texas Open Meetings Act (the “Act”) (Government Code Chapter 551). There are exceptions for some recommending boards or committees based on their duties or structure. The act generally requires that meetings of a governmental body be public. Written notice must be given of dates, times, and locations of all meetings. Minutes of each meeting must be taken, and a record of votes and decisions must be kept as a public record. The board liaison will ensure the agenda is properly posted and minutes are taken, as applicable. Criminal penalties exist for holding an unauthorized closed meeting for boards with decision-making authority. When a quorum is anticipated in any place where Town business is being discussed, the meeting should be posted as a precautionary measure to avoid the accusation of attempting to conduct Town business privately. Board discussion during meetings should be limited to only those items listed on the posted agenda. Discussing or taking action on items not posted on the agenda would be considered a violation of the act. The Open Meetings Act does not apply to purely social gatherings, conventions, or workshops. Any specific questions or issues should be referred to the Town Attorney’s office through the staff liaison. All board members are required to complete Texas Open Meetings training within 90 days of their appointment. For more detailed information about the Act, including what constitutes a meeting, notice s, open/closed session rules, and penalties and remedies for violations click on the following link for the Texas Open Meetings Act Handbook produced by the Texas Attorney General. TEXAS OPEN MEETING ACT page 2 1 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 102 of 203 The Texas Public Information Act (the “Act”), provides all public records must be open to inspection and copying unless otherwise made confidential by law. All board members are subject to the Act. For this reason, it is a good approach to always presume that the public has access to the contents of board files and records, including email, text messages, and social media as it relates to Town business. Treat the contents of all communication in a professional manner. Rule of Thumb: Ask yourself, would I want to see what I wrote in the local paper, posted in social media, or recited during a public meeting? As part of your orientation as a new board member, and in accordance with Government Code 552.024, you will be asked to complete a form that indicates your preference as to what information you would allow the public access to as it relates to home address, home telephone number, emergency contact information, or that reveals whether the person has family members. This form should be completed and signed no later than the 14th day after the appointment. page 2 2 B o a r d s a n d C o m m i s s i o n s M a n u a l PUBLIC INFORMATION ACT Page 103 of 203 Each Town board is listed below along with a link to its webpage. The webpage provides information on its creating authority, description, composition, meeting schedule, staff liaison information and current listing of members. ANIMAL SHELTER ADVISORY BOARD The Animal Shelter Advisory Board is charged with working with staff to set standards for the town's animal shelter and the care of animals, and to provide periodic reports to the Texas Department of Health. The board meets 3 times annually. Click here for the Animal Shelter Advisory Board webpage BUILDING STANDARDS COMMISSION The Building Standards Commission hears and determines cases concerning alleged violations of Ordinances regulating buildings and structures. The Commission is tasked with determining whether buildings and structures within the Town meet minimum building, fire, floodplain, and related code s. The Commission also orders appropriate remedial actions, has the authority to impose civil penalties as allowed by law, and provides a review of administrative decisions in addition to other functions authorized by the ordinance. Cases must be heard by at least 4 members, either regular or alternate. Click here for the Building Standards Commission webpage BOARDS ABD COMMISSION LISTINGS CRIME CONTROL AND PREVENTION DISTRICT (CCPD) The purpose of the CCPD to enhance the capability of law enforcement and to further crime prevention programs through the acquisition of personnel, new equipment and technology for the police department. The Board establishes the annual budget and policies, oversees expenditures and evaluates programs funded by the district. Funds are restricted as outlined in Section 363, Subchapter D of the Local Government Code. Additional information concerning the duties and responsibilities of the Board may be found in Chapter 363, Texas Local Government Code. Click here for the Click here for the Crime Control & Prevention District webpage page 2 3 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 104 of 203 ECONOMIC DEVELOPMENT CORPORATION The mission of the Trophy Club Economic Development Corporation is to promote economic development within the Town and the State of Texas in order to eliminate unemployment and underemployment, and to promote and encourage employment and the public welfare of, for, and on behalf of the town by undertaking, developing, providing, and financing projects under the Economic Development Act and as defined in Section 4B of the Act. The Town Council has authority over the EDC and must approve its programs, projects, and expenditures. Click here for the Economic Development Corporation webpage BOARDS ABD COMMISSION LISTINGS ETHICS REVIEW COMMISSION The Ethics Review Commission administers the Code of Ethics and Conduct ordinance relating to elected officers, appointed board, committee and commission members and Town employees. s for the form and content of the complaint are specified in the ordinance: Chapter 1, Article 17. Complaints are filed via email to the Town Secretary. The town attorney shall be utilized to advise the commission and participate in hearings. Click here for the Ethics Review Commission webpage page 2 4 B o a r d s a n d C o m m i s s i o n s M a n u a l PARKS AND RECREATION BOARD The Parks and Recreation Board enables residents to actively participate and provide direct input to the Parks and Recreation Director for developing parks and recreational facilities in the Town. Its responsibilities include advising on the development of long-range capital improvement programs, serving in an advisory capacity to the Council and Parks and Recreation Director, and acts as the Town's tree board with duties outlined in the Code of Ordinances. Click here for the Parks and Recreation Board webpage Page 105 of 203 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviews all applications for development within the Town for compliance with zoning ordinances and the Comprehensive Land Use Plan. The Commission makes recommendations of approval or denial of development proposals to the Town Council. Town ordinances relevant to Planning and Zoning actions are regularly reviewed and/or revised as appropriate. Click here for the Planning & Zoning Commission webpage TAX INCREMENT REINVESTMENT ZONE (TIRZ) BOARD #1 The mission of the Tax Increment Reinvestment Zone (TIRZ) Number 1 board is to promote an economically thriving district that enhances and strengthens the town's tax base, attracts new investment opportunities, and preserves existing development values through the use of available financial, marketing, land planning, and capital infrastructure development tools. .Click here for the TIRZ Board webpage BOARDS AND COMMISSIONS LISTINGS ZONING BOARD OF ADJUSTMENT (ZBA) The Zoning Board of Adjustment serves as an appeal body for individuals seeking variances or special exemptions to the zoning ordinance or to a decision made by an administrative official enforcing the ordinance. Click here for the ZBA webpage page 2 5 B o a r d s a n d C o m m i s s i o n s M a n u a l Page 106 of 203 Website www.trophyclub.org Phone 682.237.2900 Email tdixon@trophyclub.org Office Address 1 Trophy Wood Drive THANK YOU! The Town of Trophy Club couldn’t do what it does for it’s residents without our dedicated community volunteers! MORE To find out more about the Town of Trophy Club Boards and Commissions, please visit www.trophyclub.org/boards. ABOUT US Page 107 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Tamara Smith, MSL, Assistant to the Town Manager AGENDA ITEM: Consider an ordinance of the Town of Trophy Club, Texas amending Chapter 1 "General Provisions", Article 1.04 "Boards, Commissions, and Committees", of the Code of Ordinances to establish the Trophy Club Council for Arts and Culture. (Tamara Smith, Assistant to the Town Manager) BACKGROUND/SUMMARY: On September 25, 2023, the Town Council approved a resolution establishing an Arts and Culture Ad Hoc Committee (committee) for the Town of Trophy Club. The committee was charged with developing a recommendation for an advisory body to coordinate public art and culture initiatives, including defining goals, creating an action plan, and establishing priorities. The committee convened ten times between November 2023 and October 2024; conducted five community interviews; and toured Harmony Park, Trophy Club Park, Freedom Dog Park, Independence Park, and the Veteran's Memorial to explore potential public art locations. They provided a progress update to the Town Council on July 22, 2024. Members of the committee will present during consideration of this item to deliver their final recommendations. The six members of the Arts and Culture Ad Hoc Committee include Chair Candace Dillard, Vice-Chair Melissa Eason, Carol Tombari, Jean Frazier, Janet Greedy, and Wanda Brewster. The Town engaged a consultant for the project to serve as the arts facilitator in March 2024. Ms. Margie Reese assisted the group in shaping the vision and framework for the new advisory board. This agenda item seeks to establish the Trophy Club Council for Arts and Culture (arts council) as an official advisory body dedicated to enhancing the community's cultural landscape. The arts council will focus on promoting local arts, engaging residents in cultural activities, and supporting artists and organizations within Trophy Club. Adoption of the arts council aims to foster greater community involvement in the arts, encourage creativity, and enrich the overall quality of life for residents. To establish the arts council, an ordinance is required to introduce this advisory governmental body into the framework of Trophy Club's Code of Ordinances. The recommended ordinance and operating procedures for the arts council are included as attachments to this agenda item. BOARD REVIEW/CITIZEN FEEDBACK: The Arts and Culture Ad Hoc Committee developed operating procedures and created a short video outlining the plans for the Trophy Club Council for Arts and Culture. The video will be shared with the Town Council at the Council Meeting. Page 108 of 203 FISCAL IMPACT: At this time, creation of the Trophy Club Council for Arts and Culture (arts council) does not require financial resources. As the group is formed and potential public art projects and programs are identified, the arts council may recommend funding specific projects to the Town Council. These projects will be included in future annual budgets or considered as individual budget amendments, as appropriate. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and legality. ATTACHMENTS: 1. Ordinance 2. Presentation 3. Operating Procedures ACTIONS/OPTIONS: Staff recommends that the Town Council move to approve an ordinance of the Town of Trophy Club, Texas amending Chapter 1 "General Provisions", Article 1.04 "Boards, Commissions, and Committees", of the Code of Ordinances to establish the Trophy Club Council for Arts and Culture. Page 109 of 203 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2024-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 1 “GENERAL PROVISIONS”; ARTICLE 1.04 “BOARDS, COMMISSIONS AND COMMITTEES (RESERVED)”; OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, BY ADDING A NEW DIVISION 1 “TROPHY CLUB COUNCIL FOR ARTS AND CULTURE”; ESTABLISHING THE COUNCIL; PROVIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR THE TERMS; PROVIDING FOR THE DUTIES; PROVIDING THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Mayor and Town Council recognize the important role of art in the cultural enrichment of Town residents, the aesthetic quality of the Town’s physical environment, and in the Town’s community character and civic identity; and WHEREAS, public art enhances publicly owned places and contributes a sense of ownership and community pride in public facilities and spaces for Town residents; and WHEREAS, the encouragement, promotion, improvement, and application of the arts also promotes tourism, economic development, and the convention and hotel industry in the Town, region, and the State of Texas; and WHEREAS, the establishment of the “Trophy Club Council for Arts and Culture” will further the Town’s goal of cultivating vibrant spaces to foster a thriving community, and will be beneficial to the Town and promote the general health, safety, and welfare of the Town’s residents. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Page 110 of 203 SECTION 2. AMENDMENTS That Chapter 1 “General Provisions”, Article 1.04 “Boards, Commissions and Committees (Reserved)”, of the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by adding a new Division 1 “Trophy Club Council for Arts and Culture”, which shall read as follows: “Sections 1.04.001 – 1.04.009 Reserved. DIVISION 1. TROPHY CLUB COUNCIL FOR ARTS AND CULTURE Section 1.04.10 Trophy Club Council for Arts and Culture Established. There is hereby created the “Trophy Club Council for Arts and Culture”, which may also be referred to generally as the “Arts Council” and which shall consist of up to seven (7) members to be appointed by the Town Council. Members shall be qualified voters in the Town and shall have resided in the Town for at least six (6) months prior to their date of appointment. Members shall serve without compensation and shall be subject to removal, with or without cause, at any time by the Town Council. Section 1.04.11 Terms. The current members of the Arts and Culture Ad Hoc Committee shall temporarily serve as the initial members of the Arts Council until such time as the Town Council appoints members of the Arts Council. The term of office for members of the Arts Council shall be two (2) years. The term of office for places 1, 3, 4, and 7 shall end on September 30 of odd number years. The term of office for places 2, 4, and 6 shall end on September 30 on even numbered years. Section 1.04.12 Procedures of the Board. (a) Chair, vice-chair, and secretary. The Arts Council shall annually elect a chair, a vice-chair, and a secretary. The chair shall preside over all meetings of the Arts Council. The vice-chair shall perform the duties of the chair in the chair’s absence. (b) Quorum. A majority of members of the Arts Council shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those members attending any meeting at which there is a quorum present shall be necessary to pass any motion or recommendation. (c) Meetings. The Arts Council shall meet at least quarterly to review this ordinance and fulfill the duties and responsibilities of the Arts Council. Special meetings may be called as needed by the chair, or any two (2) members of the Arts Council, or the Town Manager. All meetings shall be conducted in accordance with the Texas Open Meetings Act. Page 111 of 203 Section 1.04.13 Purpose and Duties of Council. (a) Purpose. The purpose of the Arts Council is to promote, present, and support high-quality, accessible art and cultural activities that benefit the public. (b) Advisory body. The Arts Council is an advisory body to the Town Council and Town Manager. In its advisory function, the Arts Council promotes and facilitates art and cultural activities as essential components of community enrichment and to increase exposure to high quality art. (c) Subcommittees. The Arts Council may establish subcommittees consisting of Arts Council membership as needed to facilitate specific projects or initiatives. From time to time, the chair may select ad hoc content experts, with approval from the Arts Council, to offer specialized knowledge essential for making effective recommendations to the Town Council. All subcommittees of the Arts Council shall terminate upon the completion of the purpose for which the subcommittee was established and must be renewed annually in October following the appointment of the chair, vice-chair, and secretary. Section 1.04.14 Arts Council Operating Procedures (a) Rules of Procedure. The Arts Council shall establish its own operating procedures subject to approval by the Town Council. Section 1.04.15 Public Art Project Requirements and Evaluation Criteria. (a) Public art project requirements. Public art projects supported by the Arts Council shall achieve one or more of the following objectives. (1) Support artists who live or work in the Town. (2) Enhance the reputation of the Town by publicizing public art projects. (3) Foster dialogue between the artist and the neighborhood/area where a project is proposed. (4) Increase the numbers of visitors and tourism to the Town, to promote increased hotel, restaurant, and other commercial economic development. (5) Connect project areas among neighborhoods to create a Town network of public art. (6) Leave minimal or no impact on the Town’s wildlife, habitat, or natural landscape. (7) Use environmentally benign materials. Page 112 of 203 (b) Evaluation criteria for public art projects. Public art projects supported by the Arts Council shall be evaluated according to the following criteria. (1) Demonstrated ability to leverage financial support to the maximum extent possible, whether obtained through grant awards, partnerships, cooperative agreements, or in-kind donations. (2) Designed, constructed, and maintained at a reasonable cost in a reasonable amount of time, with minimal land and other acquisition needs. (3) Exhibited minimal physical constraints such as topography or negative environmental consequences. (4) Exhibited minimal legal and ownership constraints or unwanted interruption of existing property uses. (5) Recognized and allowed for timely response to rare or unique opportunities. (6) Demonstrated cooperative effort of multiple Town departments. (7) Focused on cultural or artistic projects, and not primarily religious, political, or aimed at third-party fund-raising. (8) Demonstrated ability to resonate with the general public and not any one organization or viewpoint. (9) Funds shall not be recommended by the Arts Council to pay tuition, cash prizes, to meet curriculum requirements, to solely underwrite capital expenditures (such as buildings, land, or permanent equipment), for fees (lobbying, attorneys, etc.), for any other private purpose or gift in violation of the Texas Constitution, or for activities that occurred prior to approval of the Town Council. SECTION 3. CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 4. SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, Page 113 of 203 sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance; since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 5. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the ordinances of the Town that 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 6. EFFECTIVE DATE This Ordinance shall become effective upon approval 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 28th day of October 2024. Jeannette Tiffany, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Tammy Dixon, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Dean Roggia, Town Attorney Town of Trophy Club, Texas Page 114 of 203 Arts and Culture Ad Hoc Committee October 28, 2024 Page 115 of 203 Purpose: To promote and facilitate art and cultural activities as essential components of community enrichment and to increase exposure to high quality art. The Arts Council promotes lifelong learning through various creative activities, inviting residents of all ages to explore the arts, discover their creative potential, and expand their cultural horizons. Mission Statement: Promote, present, and support high-quality, accessible art and cultural activities that benefit the public Arts and Culture Ad Hoc Committee Page 116 of 203 Arts and Culture Ad Hoc Committee Video Arts and Culture Ad Hoc Committee Page 117 of 203 Summary Statement: Based on the strong interest in the arts expressed by interviewees, including resident artists and educators, the Town of Trophy Club is well-positioned to create and manage a designated, successful arts agency within the Town Manager’s office to support, promote, and coordinate the arts for the benefit of the public. Recommendation: Authorize development of The Trophy Club Council for Arts and Culture as an advisory body to the Mayor, Town Council, and Town Manager. Arts and Culture Ad Hoc Committee Page 118 of 203 The Arts and Culture Ad Hoc Committee recommends adopting the Trophy Club Council for Arts and Culture. Arts and Culture Ad Hoc Committee Page 119 of 203 social media | email | website Page 120 of 203 1 TROPHY CLUB COUNCIL FOR ARTS AND CULTURE OPERATING PROCEDURES Prepared by the: Trophy Club Council for Arts and Culture Approved by the Town Council: Contents • Purpose • Mission • Overview • Definitions • Primary Functions of the Arts Council • Governance • Responsibilities of Chair, Vice-Chair, and Secretary • Duties of Art Council Members • Meetings • Public Arts Projects • General Considerations • Evaluation Standards for Proposed Projects • Facilities Support • Resources Page 121 of 203 2 Trophy Club Council for Arts and Culture Purpose Trophy Club’s Council for Arts and Culture (hereafter “Arts Council”) is an advisory body to the Town Council and Town Manager. Its purposes are to promote and facilitate art and cultural activities as essential components of community enrichment and to increase exposure to high quality art. The Arts Council promotes lifelong learning through various creative activities, inviting residents of all ages to explore the arts, discover their creative potential, and expand their cultural horizons. Mission Statement Promote, present, and support high-quality, accessible art and cultural activities that benefit the public. OVERVIEW Definitions Arts: A wide-ranging subset of culture, composed of varied creative endeavors and disciplines. Arts encompass visual arts, literary arts, performing arts, and narratives (e.g., story-telling) among other disciplines that allow creative expression of ideas and culture. Culture: A set of generally shared attitudes, values, goals, and practices that define a group of people, such as those of a particular region or community. (For Examples may include information about the history of a town or area. Public Art: Art that is placed in public spaces and expresses community values, enhances the environment, transforms the landscape, and/or heightens public awareness of the role of the arts in reflecting the identity of the town. Public art is accessible to everyone and a form of community expression. Majority: A number or percentage that is more than half of a total. Primary Functions of the Arts Council In encouraging lifelong learning and expanded cultural horizons, the Arts Council performs the following functions: 1. Present and promote accessible arts and cultural programming. 2. Support art education. Page 122 of 203 3 3. Establish protocols for undertaking public art projects. 4. Advise town decision makers regarding the allocation of public funding for arts and cultural events. 5. Upon approval of the Town Council, manage town-funded grants that support Arts Council goals. 6. Undertake projects as approved by Town Council. 7. Perform other functions consistent with accomplishing Town Council initiatives and Arts Council goals. GOVERNANCE Membership: Members of the Arts Council are appointed by the Town Council. Residency: A person serving as a member of the Arts Council must reside within the Town of Trophy Club throughout his or her term of service. Arts Council Size: Total Arts Council membership may not exceed seven. Term of Office: Members of the Arts Council shall serve two-year terms. Terms shall be staggered. Four of the member terms shall expire in a year followed by the expiration of three member terms in the following year. Boards and Commission Manual: The Arts Council shall follow the requirements set forth in the adopted Board and Commission Manual. Election of a Chair, Vice-Chair, and Secretary: At the first Arts Council Meeting following the appointment of new and/or returning members in October, the Arts Council shall elect a chair, vice-chair, and secretary. The term shall be for one year until the election of a new chair, vice-chair, and secretary the following year. Upon the resignation or removal of the chair, vice-chair, or secretary, the Arts Council shall elect a member to replace the vacated office. Responsibilities of Chair, Vice-Chair, and Secretary Chair: The chair presides over Arts Council meetings and represents the Arts Council in official capacities. The chair ensures the fulfillment of the Arts Council’s mission. The chair may vote on all matters of the Arts Commission and has no veto authority. Vice-Chair: The vice-chair assists the chair and performs duties of the chair when the chair is unable to do so. Secretary: The secretary works with the staff liaison to create agenda minutes. The secretary performs other administrative duties as requested by the Arts Council. Subcommittees: The Arts Council may establish subcommittees consisting of Arts Council membership as needed to facilitate specific projects or initiatives. From Page 123 of 203 4 time to time, the Arts Council Chair may appoint ad hoc content experts to offer specialized knowledge essential for making effective recommendations to the Town Council. Duties of Arts Council Members Identify and pursue possible external funding opportunities. With prior approval of the Town Manager, solicit financial support for specific projects. Represent the Arts Council to the community at large and solicit public reactions to, and engagement in, Arts Council undertakings. Review and recommend updates, if necessary, to the Arts Council’s procedures and rules periodically, at least every two years. Meetings Regular Meetings: The Arts Council shall meet at least quarterly. The schedule for regular meetings shall be established at the beginning of each fiscal year. Special Meetings: Special meetings may be called by the Chair or by two members of the Arts Council members with at least 72 hours’ notice. Special Meetings may also be called by the Town Manager. Quorum: A quorum shall consist of a majority of the Arts Council. Action: All actions of the Arts Council shall be approved with a vote of a majority of members present. Meetings shall be conducted in accordance with the Opens Meeting Act and adopted Boards and Commissions Manual. PUBLIC ART PROJECTS General Considerations Projects should achieve one or more of the following objectives: • Support artists who work and live in Trophy Club. • Enhance the reputation of the Town by publicizing public art projects. Help foster dialogue between the artist and the neighborhood/area where the project shall reside. • Increase the numbers of visitors to Trophy Club, with attending secondary benefits (restaurant and other commercial traffic). • Connect project areas among neighborhoods to create a town network of public art. • Leave minimal or no impact on the area’s wildlife, habitat, or natural landscape. Page 124 of 203 5 • Where possible and fitting, use environmentally benign materials. Evaluation Standards for Proposed Projects The following standards shall serve as a guide for evaluating projects that are supported by the Arts Council: • Leverage financial support to the maximum extent possible, whether obtained through grant awards, partnerships, cooperative agreements, or in- kind donations. • The project should be designed, constructed and maintained at a reasonable cost in a reasonable amount of time, with minimal land or other acquisition needs. • Exhibit minimal physical constraints (topography, negative environmental consequences, etc.). • Consider minimal legal and ownership constraints or unwanted interruption of existing property use. • Recognize and allow for timely response to rare or unique opportunities. • When appropriate, and to the extent helpful, the project should be a cooperative effort of multiple departments. • Proposed projects must have a cultural or artistic focus, not primarily religious, political, or aimed at fund-raising. • Projects must resonate with the general public, not one organization or viewpoint. • Arts Council funds may not be used: to pay tuition; for cash prizes; to meet a curriculum requirement; to underwrite capital expenditures (buildings, land, or permanent equipment); for fees (lobbying, attorneys, etc.); or for activities that occurred prior to approval of the Town Council through the Town Manager. Facilities Support With the approval of the Town Manager, the Arts Council may collaborate with community centers, schools, churches, and public spaces in Trophy Club to host art exhibitions, workshops, performances, and other projects that celebrate art and cultural engagement that are open to the general public. Furthermore, the Arts Council can assist these venues in developing programs that promote artistic expression, cultural education, and accessibility to the arts. Page 125 of 203 6 RESOURCES Texas Commission on the Arts: The mission of the Texas Commission on the Arts (TCA) is to advance our state economically and culturally by investing in a creative Texas. TCA supports a diverse and innovative arts community in Texas, throughout the nation and internationally by providing resources to enhance economic development, arts education, cultural tourism and artist sustainability initiatives. https://www.arts.texas.gov/tca/ Candid: Foundation Directory is a searchable application that provides unsurpassed levels of comprehensive and accurate information on U.S. Grantmakers and their grants. You can search based on subject, geography, Grantmaker type, type of support, trustee names, and many other search fields. https://help.candid.org/s/ Texas Commission on the Humanities: Humanities Texas grants enable communities throughout the state to develop programs of local interest promoting history, culture, and education. https://www.humanitiestexas.org/grants grants@humanitiestexas.org. Texas Cultural Trust: To be the leading voice for the arts in education, advocacy, and economic impact in Texas, spotlighting the artistic excellence of our state. https://txculturaltrust.org/about/us/ TACA: TACA’s mission is to support excellence and impact in the arts through grant-making, capacity building, and thought leadership. We envision an innovative, inclusive, sustainable cultural sector, recognized for its essential contribution to a vibrant, prosperous community. https://taca-arts.org/ Grant News: Grant news about arts and culture https://www.grantwatch.com/grantnews/ Texas Historical Foundation: Since 1954 the mission of the Texas Historical Foundation (THF) has been to preserve Texas history. That includes conserving Page 126 of 203 7 artifacts, restoring buildings, archiving documents, gathering and sharing stories, and safeguarding Lone Star culture. https://texashistoricalfoundation.org/ Community Foundation of Texas https://cftexas.org/ Page 127 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Tamara Smith, MSL, Assistant to the Town Manager AGENDA ITEM: Consider a resolution of the Town Council of the Town of Trophy Club, Texas, approving the Trophy Club Council for the Arts and Culture Operating Procedures. (Tamara Smith, Assistant to the Town Manager) BACKGROUND/SUMMARY: On September 25, 2023, the Town Council approved a resolution establishing an Arts and Culture Ad Hoc Committee (committee) for the Town of Trophy Club. The committee was charged with developing a recommendation for an advisory body to coordinate public art and culture initiatives, including defining goals, creating an action plan, and establishing priorities. The committee convened ten times between November 2023 and October 2024; conducted five community interviews; and toured Harmony Park, Trophy Club Park, Freedom Dog Park, Independence Park, and the Veteran's Memorial to explore potential public art locations. They provided a progress update to the Town Council on July 22, 2024. Members of the committee are presenting their final recommendations to the Town Council during the Council Meeting. To assist in this process, the Town engaged a consultant for the project to serve as the arts facilitator in March 2024. Ms. Margie Reese assisted the group in shaping the vision and framework for the new advisory board. This agenda item approves the Trophy Club Council for Arts and Culture (arts council) operating procedures, as required by the newly created ordinance that establishes this organization. The operating procedures document includes several components that are outlined in ordinance. Future changes that may be recommended must be proposed by the arts council and approved by the Town Council. BOARD REVIEW/CITIZEN FEEDBACK: The Arts & Culture Ad Hoc Committee recommend that the Town Council approve the operating procedures as presented. FISCAL IMPACT: At this time, creation of the Trophy Club Council for Arts and Culture (arts council) does not require financial resources. As the group is formed and potential public art projects and programs are identified, the arts council may recommend funding specific projects to the Town Council. These projects will be included in future annual budgets or considered as individual budget amendments, as appropriate. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and legality. ATTACHMENTS: Page 128 of 203 1. Resolution 2. Exhibit A: Operating Procedures ACTIONS/OPTIONS: Staff recommends that the Town Council move to approve the resolution of the Town Council of the Town of Trophy Club, Texas, approving the Trophy Club Council for the Arts and Culture Operating Procedures. Page 129 of 203 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE TROPHY CLUB COUNCIL FOR ARTS AND CULTURE OPERATING PROCEDURES. WHEREAS, the Mayor and Town Council have established the Trophy Club Council for Arts and Culture and recognize the important role of art in the cultural enrichment of Town residents, the aesthetic quality of the Town’s physical environment, and in the Town’s community character and civic identity; and WHEREAS, public art enhances publicly owned places and contributes a sense of ownership and community pride in public facilities and spaces for Town residents; and WHEREAS, the encouragement, promotion, improvement, and application of the arts also promotes tourism, economic development, and the convention and hotel industry in the Town, region, and the State of Texas; and WHEREAS, the Trophy Club Council for Arts and Culture may establish its own operating procedures to realize its objectives, subject to the approval of the Town Council. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; THAT: SECTION 1. The Trophy Club Council for Arts and Culture Operating Procedures as provided in Exhibit A are hereby approved. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 28th day of October 2024. ______________________________ Jeannette Tiffany, Mayor ATTEST: ___________________________ Tammy Dixon, Town Secretary APPROVED AS TO FORM: _________________________ Dean Roggia, Town Attorney Page 130 of 203 RESOLUTION 2024-XX PAGE 2 EXHIBIT A TROPHY CLUB COUNCIL FOR ARTS AND CULTURE OPERATING PROCEDURES Page 131 of 203 1 TROPHY CLUB COUNCIL FOR ARTS AND CULTURE OPERATING PROCEDURES Prepared by the: Trophy Club Council for Arts and Culture Approved by the Town Council: Contents • Purpose • Mission • Overview • Definitions • Primary Functions of the Arts Council • Governance • Responsibilities of Chair, Vice-Chair, and Secretary • Duties of Art Council Members • Meetings • Public Arts Projects • General Considerations • Evaluation Standards for Proposed Projects • Facilities Support • Resources Page 132 of 203 2 Trophy Club Council for Arts and Culture Purpose Trophy Club’s Council for Arts and Culture (hereafter “Arts Council”) is an advisory body to the Town Council and Town Manager. Its purposes are to promote and facilitate art and cultural activities as essential components of community enrichment and to increase exposure to high quality art. The Arts Council promotes lifelong learning through various creative activities, inviting residents of all ages to explore the arts, discover their creative potential, and expand their cultural horizons. Mission Statement Promote, present, and support high-quality, accessible art and cultural activities that benefit the public. OVERVIEW Definitions Arts: A wide-ranging subset of culture, composed of varied creative endeavors and disciplines. Arts encompass visual arts, literary arts, performing arts, and narratives (e.g., story-telling) among other disciplines that allow creative expression of ideas and culture. Culture: A set of generally shared attitudes, values, goals, and practices that define a group of people, such as those of a particular region or community. (For Examples may include information about the history of a town or area. Public Art: Art that is placed in public spaces and expresses community values, enhances the environment, transforms the landscape, and/or heightens public awareness of the role of the arts in reflecting the identity of the town. Public art is accessible to everyone and a form of community expression. Majority: A number or percentage that is more than half of a total. Primary Functions of the Arts Council In encouraging lifelong learning and expanded cultural horizons, the Arts Council performs the following functions: 1. Present and promote accessible arts and cultural programming. 2. Support art education. Page 133 of 203 3 3. Establish protocols for undertaking public art projects. 4. Advise town decision makers regarding the allocation of public funding for arts and cultural events. 5. Upon approval of the Town Council, manage town-funded grants that support Arts Council goals. 6. Undertake projects as approved by Town Council. 7. Perform other functions consistent with accomplishing Town Council initiatives and Arts Council goals. GOVERNANCE Membership: Members of the Arts Council are appointed by the Town Council. Residency: A person serving as a member of the Arts Council must reside within the Town of Trophy Club throughout his or her term of service. Arts Council Size: Total Arts Council membership may not exceed seven. Term of Office: Members of the Arts Council shall serve two-year terms. Terms shall be staggered. Four of the member terms shall expire in a year followed by the expiration of three member terms in the following year. Boards and Commission Manual: The Arts Council shall follow the requirements set forth in the adopted Board and Commission Manual. Election of a Chair, Vice-Chair, and Secretary: At the first Arts Council Meeting following the appointment of new and/or returning members in October, the Arts Council shall elect a chair, vice-chair, and secretary. The term shall be for one year until the election of a new chair, vice-chair, and secretary the following year. Upon the resignation or removal of the chair, vice-chair, or secretary, the Arts Council shall elect a member to replace the vacated office. Responsibilities of Chair, Vice-Chair, and Secretary Chair: The chair presides over Arts Council meetings and represents the Arts Council in official capacities. The chair ensures the fulfillment of the Arts Council’s mission. The chair may vote on all matters of the Arts Commission and has no veto authority. Vice-Chair: The vice-chair assists the chair and performs duties of the chair when the chair is unable to do so. Secretary: The secretary works with the staff liaison to create agenda minutes. The secretary performs other administrative duties as requested by the Arts Council. Subcommittees: The Arts Council may establish subcommittees consisting of Arts Council membership as needed to facilitate specific projects or initiatives. From Page 134 of 203 4 time to time, the Arts Council Chair may appoint ad hoc content experts to offer specialized knowledge essential for making effective recommendations to the Town Council. Duties of Arts Council Members Identify and pursue possible external funding opportunities. With prior approval of the Town Manager, solicit financial support for specific projects. Represent the Arts Council to the community at large and solicit public reactions to, and engagement in, Arts Council undertakings. Review and recommend updates, if necessary, to the Arts Council’s procedures and rules periodically, at least every two years. Meetings Regular Meetings: The Arts Council shall meet at least quarterly. The schedule for regular meetings shall be established at the beginning of each fiscal year. Special Meetings: Special meetings may be called by the Chair or by two members of the Arts Council members with at least 72 hours’ notice. Special Meetings may also be called by the Town Manager. Quorum: A quorum shall consist of a majority of the Arts Council. Action: All actions of the Arts Council shall be approved with a vote of a majority of members present. Meetings shall be conducted in accordance with the Opens Meeting Act and adopted Boards and Commissions Manual. PUBLIC ART PROJECTS General Considerations Projects should achieve one or more of the following objectives: • Support artists who work and live in Trophy Club. • Enhance the reputation of the Town by publicizing public art projects. Help foster dialogue between the artist and the neighborhood/area where the project shall reside. • Increase the numbers of visitors to Trophy Club, with attending secondary benefits (restaurant and other commercial traffic). • Connect project areas among neighborhoods to create a town network of public art. • Leave minimal or no impact on the area’s wildlife, habitat, or natural landscape. Page 135 of 203 5 • Where possible and fitting, use environmentally benign materials. Evaluation Standards for Proposed Projects The following standards shall serve as a guide for evaluating projects that are supported by the Arts Council: • Leverage financial support to the maximum extent possible, whether obtained through grant awards, partnerships, cooperative agreements, or in- kind donations. • The project should be designed, constructed and maintained at a reasonable cost in a reasonable amount of time, with minimal land or other acquisition needs. • Exhibit minimal physical constraints (topography, negative environmental consequences, etc.). • Consider minimal legal and ownership constraints or unwanted interruption of existing property use. • Recognize and allow for timely response to rare or unique opportunities. • When appropriate, and to the extent helpful, the project should be a cooperative effort of multiple departments. • Proposed projects must have a cultural or artistic focus, not primarily religious, political, or aimed at fund-raising. • Projects must resonate with the general public, not one organization or viewpoint. • Arts Council funds may not be used: to pay tuition; for cash prizes; to meet a curriculum requirement; to underwrite capital expenditures (buildings, land, or permanent equipment); for fees (lobbying, attorneys, etc.); or for activities that occurred prior to approval of the Town Council through the Town Manager. Facilities Support With the approval of the Town Manager, the Arts Council may collaborate with community centers, schools, churches, and public spaces in Trophy Club to host art exhibitions, workshops, performances, and other projects that celebrate art and cultural engagement that are open to the general public. Furthermore, the Arts Council can assist these venues in developing programs that promote artistic expression, cultural education, and accessibility to the arts. Page 136 of 203 6 RESOURCES Texas Commission on the Arts: The mission of the Texas Commission on the Arts (TCA) is to advance our state economically and culturally by investing in a creative Texas. TCA supports a diverse and innovative arts community in Texas, throughout the nation and internationally by providing resources to enhance economic development, arts education, cultural tourism and artist sustainability initiatives. https://www.arts.texas.gov/tca/ Candid: Foundation Directory is a searchable application that provides unsurpassed levels of comprehensive and accurate information on U.S. Grantmakers and their grants. You can search based on subject, geography, Grantmaker type, type of support, trustee names, and many other search fields. https://help.candid.org/s/ Texas Commission on the Humanities: Humanities Texas grants enable communities throughout the state to develop programs of local interest promoting history, culture, and education. https://www.humanitiestexas.org/grants grants@humanitiestexas.org. Texas Cultural Trust: To be the leading voice for the arts in education, advocacy, and economic impact in Texas, spotlighting the artistic excellence of our state. https://txculturaltrust.org/about/us/ TACA: TACA’s mission is to support excellence and impact in the arts through grant-making, capacity building, and thought leadership. We envision an innovative, inclusive, sustainable cultural sector, recognized for its essential contribution to a vibrant, prosperous community. https://taca-arts.org/ Grant News: Grant news about arts and culture https://www.grantwatch.com/grantnews/ Texas Historical Foundation: Since 1954 the mission of the Texas Historical Foundation (THF) has been to preserve Texas history. That includes conserving Page 137 of 203 7 artifacts, restoring buildings, archiving documents, gathering and sharing stories, and safeguarding Lone Star culture. https://texashistoricalfoundation.org/ Community Foundation of Texas https://cftexas.org/ Page 138 of 203 TOWN COUNCIL COMMUNICATION MEETING DATE: October 28, 2024 FROM: Chase Ellis, Director of Parks & Recreation AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a professional service agreement with Parkhill in the amount of $244,065 with an additional $5,000 allowance for reimbursable expenses for the engagement, development, and implementation of the Town of Trophy Club Comprehensive Parks and Recreation Master Plan. (Chase Ellis, Director of Parks & Recreation) BACKGROUND/SUMMARY: The Town of Trophy Club initiated its strategic planning process in January 2024. During the Council Retreat, the Town Council directed the Town Manager and executive staff to develop a strategic plan to guide community discussions and priorities. Through the process, the Town established five primary focus areas: Prioritize Public Safety, Promote Quality of Life, Strengthen Infrastructure, Uphold Housing Standards, and Support Business. One key objective within the focus area of "Promote Quality of Life" is to develop a comprehensive master plan for Trophy Club’s public parks, recreational programs, and spaces, including funding strategies. Additionally, it aims to enhance community esthetics by incorporating sustainable plantings, maintaining trees, and integrating design elements throughout community areas and medians. This Master Plan will serve as a foundational document, guiding the development, design, and sustainability of the Town’s parks and recreational resources. In August, the Town issued a request for qualifications to select a consultant for the development of the Master Plan. A total of eight firms submitted their qualifications for review. A selection committee, comprised of Town staff and Parks Board Members, evaluated the submissions and invited the top four firms for in-person interviews. The firms interviewed were: 1. Parkhill 2. Kimley-Horn 3. McAdams 4. TNP Based on the interview evaluations and scoring, the selection committee recommends Parkhill for Town Council consideration as the preferred firm to lead the development of the Master Plan. Page 139 of 203 BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The Parks Master Plan agreement has a lump sum amount of $244,065 with an additional allowance of $5,000 for reimbursable expenses, which will be itemized and carried on a separate line item within the budget. The FY 2025 Budget includes a total of $250,000 in the Parks Department's General Fund Budget for the development of this plan. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and legality. ATTACHMENTS: 1. Parkhill Introduction Presentation 2. Parkhill Professional Service Agreement ACTIONS/OPTIONS: Staff recommends that the Town Council move to authorize the Town Manager to negotiate and execute a professional service agreement with Parkhill in the amount of $244,065 with an additional $5,000 allowance for reimbursable expenses for the engagement, development, and implementation of the Town of Trophy Club Comprehensive Parks and Recreation Master Plan. Page 140 of 203 A BOLD, RESILIENT VISION FOR TROPHY CLUB Parks and Recreation Master Plan | RFQ #PR2024-03 | September 19, 2024 Page 141 of 203 MEET OUR TEAM Michael Howard, RLA, AICP Project Manager Chris Tribble Senior Advisor Chad Davis, RLA Project Principal James Williams, RLA Landscape Architect 2 Kyle LaFerney CAPRA Accreditation Coordinator Farrell Buller Financial Sustainability Ryan Short Public Engagement 110%CivicBrand Page 142 of 203 a.Team b.Approach c.Challenges & Solutions AGENDA 3 West Texas Food Bank Midland Page 143 of 203 TEAM Page 144 of 203 We envision resilient, sustainable communities. Through engagement and data-driven strategies, we utilize a multi-disciplinary approach to plan infrastructure, buildings, and the spaces between. Page 145 of 203 TTUHSC Midland Physician’s Assistants Building BETTER PLANNING, BETTER OUTCOMES Midland, Texas 6 FORNEY PARKS MASTER PLAN Page 146 of 203 LOCAL PRESENCE 13 607 123 Offices Firm Staff DFW Staff 7 Page 147 of 203 PROJECT COLLABORATORS Public Engagement 8 Park PlanningFinancial Sustainability Page 148 of 203 APPROACH Page 149 of 203 10 DISCOVERY STARTS WITH LISTENING Page 150 of 203 OUR PROCESS Discover Define Design Deliver CHALLENGE SOLUTION PROBLEM SPACE SOLUTION SPACE Understand the Vision Standards and Level of Service Projects, Programs, Policies, Partnerships Strategic, Actionable Implementation Plan 11 Page 151 of 203 12 DELIVERING A BOLD, ACTIONABLE PLAN Be Engaging Be VisionaryBe Resilient Page 152 of 203 BE ENGAGING Page 153 of 203 Page 154 of 203 Page 155 of 203 Page 156 of 203 Page 157 of 203 Page 158 of 203 Page 159 of 203 Page 160 of 203 Page 161 of 203 Page 162 of 203 Page 163 of 203 Page 164 of 203 Page 165 of 203 Page 166 of 203 BE RESILIENT Page 167 of 203 Page 168 of 203 Page 169 of 203 Page 170 of 203 Page 171 of 203 BE VISIONARY Page 172 of 203 MAXIMIZING CULTURAL AND NATURAL ASSETS 33Page 173 of 203 34 ICONIC MEMORABLE EXPERIENCES Page 174 of 203 37 MOLSEN FARM (ALLEN, TEXAS) Page 175 of 203 OUR COMMITMENT ENGAGEMENT RESILIENCY VISIONARY 40 Page 176 of 203 Page 177 of 203 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT FOR PLANNING AND LANDSCAPE ARCHITECTURAL SERVICES This Professional Services Agreement for Planning and Landscape Architectural Services (the “Agreement”) is made and entered into this day of 2024, by and between the Town of Trophy Club, a Texas home-rule municipality (the “Town” or “Client”), and Parkhill, a Texas (the “Architect”). RECITALS WHEREAS, the Town intends to develop and adopt the Trophy Club Parks and Recreation Master Plan (the “Project”); and WHEREAS, the Town desires to obtain professional planning and landscape architectural services in connection with the Project as provided in this Agreement and the detailed scope of work and proposal attached hereto as Exhibit “A”; and WHEREAS, in accordance with Texas Gov’t Code Ch. 2254, the Town has determined that the Architect is acceptable to the Town and is the most highly qualified provider of planning and landscape architectural services for the Project, and the Architect is willing to enter into an Agreement with the Town to perform such planning and landscape architectural services; and NOW, THEREFORE, in consideration of the premises above and the mutual covenants contained herein, and for other good and valuable consideration, the Town and the Architect agree as follows: ARTICLE I THE ARCHITECT’S BASIC DUTIES TO THE TOWN 1.1 By executing this Agreement, the Architect represents to the Town that the Architect is professionally qualified to act as the Architect for the Project and is licensed to practice planning and landscape architecture by all public entities having jurisdiction over the Architect and the Project. The Architect further represents to the Town that the Architect will maintain all necessary licenses, permits, or other authorizations necessary to act as Architect for the Project until the Architect’s duties under this Agreement have been satisfied. The Architect assumes full responsibility to the Town for the negligent or intentionally tortious acts and omissions of its consultants or others employed or retained by the Architect in connection with the Project. 1.1.1 Execution of this Agreement by the Architect constitutes a representation that the Architect is familiar with the Project site and the local conditions under which the Project is to be implemented. 1.1.2 The Architect agrees to furnish planning and landscape architectural services in accordance with the terms and conditions of this Agreement: (1) with the professional skill and care ordinarily provided by competent planning and landscape architects practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent planning and landscape architect. 1.2 BASIC SERVICES (SCOPE OF WORK) 1.2.1 The Architect shall review the existing site conditions for the Project. The Town will provide any available surveys or other public information to be generally used by Architect for the Project. The Architect shall meet with the Town’s representatives, including the Town’s third-party consultants, to review and discuss the proposed scope of work, development program, and budget impacts for the Project. Page 178 of 203 Page 2 of 11 1.2.2 The Architect may be required to attend one or more public meetings to inform the public of the Project’s details. The meetings shall be conducted with the Town and interested citizens, if any. The purpose of the meetings shall be to inform interested parties of the scope and intent of the Project design. 1.2.3 The Architect shall prepare all Project details and provide the “Basic Services (Scope of Work)” to the Town as provided on the Architect’s proposal dated October 18, 2024, which is attached to this Agreement as if fully set forth herein and identified as Exhibit A (collectively referred to as the “Basic Services” or the “services”). 1.3 ADDITIONAL SERVICES The Architect shall provide other additional services that are not included with the Basic Services (the “Additional Services”) when authorized in writing by the Town and accepted by the Architect. 1.4 SERVICE SCHEDULE, PERFORMANCE STIPULATIONS AND LIQUIDATED DAMAGES 1.4.1 The prompt completion of this Project is critical and time is of the essence. The Architect shall perform its services expeditiously and shall have all plans required by this Agreement ready within 297 business days from the Effective Date of this Agreement. Upon approval of this Agreement, the Architect shall submit for the Town’s approval a schedule for the performance of the Architect’s services which shall include allowance for time required for the Town’s review of submissions and for approvals of governmental authorities having jurisdiction over the Project. This schedule shall not, except for cause of force majeure or other approved delays authorized in writing by the Town, be exceeded by the Architect. 1.4.2 The Architect shall pay the Town the sum of $200.00 (two hundred dollars) per calendar day for each and every calendar day of unexcused delay in performing its services within the time stated in paragraph 1.4.1. Any sums due and payable hereunder by the Architect shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of damages because the harm caused by the breach is incapable or difficult of estimation due to the public nature of the work and the likely loss to be sustained by the Town and the general public, estimated at or before the time of executing this Agreement. The Architect agrees that the liquidated damages provisions in this Agreement are reasonable, facially valid, are not a penalty, and do not otherwise operate as a penalty. Further, the parties acknowledge the Town’s paramount purposes and duty to protect the public fisc and the general health, safety, and welfare of the public, and the parties agree that any alleged disparity between actual and liquidated damages shall be construed as bridgeable and acceptable as a matter of public policy and shall be calculated and construed in favor of the Town. 1.4.3 During the course of the Project, if the Town reasonably believes that performance of the Architect’s services will be inexcusably delayed, the Town shall be entitled, but not required, to withhold from any amounts otherwise due the Architect an amount then believed by the Town to be adequate to recover liquidated damages applicable to such delay. If and when the Architect performs its services in a manner satisfactory to the Town, the Town may, but is not obligated to, release to the Architect those funds withheld as liquidated damages. 1.5 PERSONNEL 1.5.1 The Architect shall assign only qualified personnel to perform any service concerning the Project. 1.6 INDEMNIFICATION TO THE FULLEST EXTENT ALLOWED BY TEXAS LOCAL GOV’T CODE CH. 271, THE ARCHITECT SHALL HOLD HARMLESS, DEFEND, AND INDEMNIFY THE TOWN FROM ALL CLAIMS AND LIABILITY FOR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTS FROM AN ERROR, OMISSION, ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE ARCHITECT OR THE ARCHITECT’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ARCHITECT EXERCISES CONTROL. THE ARCHITECT SHALL ALSO REIMBURSE THE TOWN Page 179 of 203 Page 3 of 11 FOR ANY AND ALL LEGAL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES WHICH MIGHT BE INCURRED BY THE TOWN IN LITIGATION OR OTHERWISE RESISTING SAID CLAIM OR LIABILITIES, WHICH MIGHT BE INCURRED BY, CHARGED AGAINST, OR IMPOSED ON THE TOWN AS THE RESULT OF SUCH NEGLIGENT ACTS OR OMISSIONS BY THE ARCHITECT IN PROPORTION TO THE ARCHITECT’S LIABILITY. 1.7 GOVERNMENTAL FUNCTIONS AND IMMUNITY. The parties hereby acknowledge and agree that the Town is entering into this Agreement pursuant to its governmental functions and that nothing contained in the Agreement shall be construed as constituting a waiver of the Town’s governmental immunity from suit or liability, which is expressly reserved to the extent allowed by law. Notwithstanding anything to the contrary herein, the parties hereby acknowledge and agree that to the extent this Agreement is subject to the provisions of Subchapter I of Chapter 271, TEXAS LOCAL GOVERNMENT CODE, as amended, the Town’s immunity from suit is waived only as set forth in Subchapter I of Chapter 271, TEXAS LOCAL GOVERNMENT CODE. Further, the parties agree that this Agreement is made subject to all applicable provisions of the Texas Civil Practice and Remedies Code (“CPRC”), including but not limited to all defenses, limitations, and exceptions to the limited waiver of immunity from liability provided in CPRC Chapter 101 and Chapter 75. Architect further agrees that during the course and scope of this Agreement, except with Town’s knowledge and consent, Architect shall not represent any third party against the Town in any claim, litigation, or other matter, or be retained to act as an expert witness for any third party in any claim, litigation, or any other matter that is, or may be, adversarial to the Town, as determined by the Town. Acceptance by the Town of the Architect’s work shall not constitute nor be deemed a release of the responsibility and liability of Architects, its employees, subcontractors, agents, or consultants for the accuracy and competency of Architect’s work; nor shall such acceptance be deemed to be an assumption of such responsibility by the Town for any defect, error, or omission in the Architect’s work, its employees, subcontractors, agents, and consultants. Architect, shall without additional costs or fee to the Town, correct or revise any errors or deficiencies in the Architect’s performance. ARTICLE II THE TOWN’S BASIC DUTIES TO THE ARCHITECT OTHER THAN COMPENSATION 2.1 The Town shall provide the Architect with adequate information regarding the Town’s requirements for the Project and any budgetary requirements. 2.2 The Town shall review any documents submitted by the Architect requiring the Town’s decision, and shall render any required decisions or review comments and forward comments back to the Architect within ten (10) business days. 2.3 The Town shall furnish a legal description and boundary survey of the site(s), if available and currently in the Town’s possession. 2.4 The Town shall furnish the services of geotechnical consultants when such services are necessary and are requested by the Architect. 2.5 The Town shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law and not otherwise covered by the Basic Services. 2.6 If the Town becomes aware of any fault or defect in the Project, non-conformance with the scope of work, or of any errors, omissions or inconsistencies in the drawings or specifications, reasonable notice thereof shall be given by the Town to the Architect. Page 180 of 203 Page 4 of 11 2.7 The Town shall perform those duties set forth in Paragraphs 2.1 through 2.6 as expeditiously as may reasonably be necessary for the orderly progress of the Architect’s services and of the Work. 2.8 The Town’s review of any documents prepared by the Architect or its consultants shall be for the purpose of determining whether such documents are generally consistent with the Project. No review of such documents shall relieve the Architect of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. ARTICLE III CONSTRUCTION COSTS 3.1 If a fixed budget limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation to determine what materials, equipment, component systems and types of construction are to be included in any construction contract that results from the Basic Services, to make reasonable adjustments in the scope of the Project and to include in the construction contract alternate bids, or add alternates, to adjust the construction cost to the fixed limit. However, this paragraph shall not operate to increase the fixed limits cost of the construction established in Paragraph 3.2. All adjustments in the scope of the Project shall be documented in writing and approved in writing by the Town. 3.2 Should the cost for construction of the Project be in excess of the Town’s fixed budget, the Town may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re-negotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the Architect, without additional charge to the Town, shall consult with the Town and shall revise and modify the drawings and specifications as necessary to achieve compliance with the fixed limitation on construction cost. Absent negligence on the part of the Architect in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Architect’s responsibility arising from the establishment of such fixed limitation of construction costs, and having done so, the Architect shall be entitled to compensation for all Additional Services performed, in accordance with this Agreement. ARTICLE IV BASIS OF COMPENSATION 4.1 The Town shall compensate the Architect for the Basic Services rendered pursuant to this Agreement in accordance with Exhibit A. 4.2 Additional Services of the Architect as described in Paragraph 1.3, if any, shall be compensated on an hourly basis per the Architect’s established hourly rates included in Exhibit A. 4.3 The Architect shall provide site civil engineering services including site grading, drainage, erosion control plans and on-site utilities as required for the Project. The Architect shall also employ a civil engineer to plan and design the site utilities and drainage for the Project, as applicable. ARTICLE V PAYMENTS TO THE ARCHITECT 5.1 ARCHITECT’S INVOICES 5.1.1 Not more frequently than monthly, unless otherwise agreed in writing by the Architect and the Town, the Architect shall submit an invoice to the Town requesting payment for services properly rendered and reimbursement for reimbursable expenses due hereunder. The Architect’s invoice shall describe with reasonable particularity each service rendered, the date thereof, the time expended, and the person(s) rendering such service. The Architect’s invoice shall be accompanied by such documentation or data in support of reimbursable expenses for which reimbursement is sought as the Town may require. Page 181 of 203 Page 5 of 11 5.1.2 Invoices submitted shall bear the signature of the Architect, which signature shall constitute the Architect’s representation to the Town that the services indicated in the invoice have progressed to the level indicated, have been properly and timely performed as required herein, that the reimbursable expenses included in the invoice have been reasonably incurred, that all obligations of the Architect covered by prior invoices have been paid in full, and that, to the best of the Architect’s knowledge, information and informed belief, the amount requested is currently due and owing, there being no reason known to the Architect that payment of any portion thereof should be withheld. Submission of the Architect’s invoice for final payment and reimbursement shall further constitute the Architect’s representation to the Town that, upon receipt from the Town of the amount invoiced, all obligations of the Architect to others, including its consultants, incurred in connection with the Project, will be paid in full. 5.2 TIME FOR PAYMENT 5.2.1 The Town shall make payment to the Architect of all sums properly invoiced as provided in Paragraph 5.1, within thirty (30) days of the Town’s receipt thereof in accordance with Texas Gov’t Code Ch. 2251 (the “Texas Prompt Payment Act”). No interest or other late penalties shall accrue on late payments, except as required by the Texas Prompt Payment Act. 5.3 TOWN’S RIGHT TO WITHHOLD PAYMENT 5.3.1 In the event that the Town determines that any representations of the Architect, provided pursuant to Subparagraph 5.1.2, are wholly or partially inaccurate, the Town may withhold payment of sums then or in the future otherwise due to the Architect until the inaccuracy, and the cause thereof, is corrected to the Town’s reasonable satisfaction. 5.4 REIMBURSABLE EXPENSES 5.4.1 Reimbursable expenses shall be reimbursed to the Architect by the Town in accordance with Exhibit A. However, the total amount payable for reimbursable expenses shall not exceed $5,000 without specific additional authorization by the Town. 5.5 ARCHITECT’S RECORDS 5.5.1 Documentation accurately reflecting the time expended by the Architect and the Architect’s personnel and records of reimbursable expenses shall be maintained by the Architect and shall be available to the Town for audit, review, and copying upon request. ARTICLE VI PROVISION FOR TERMINATION/INTERRUPTION 6.1 TERMINATION/INTERRUPTION 6.1.1 The Town may terminate or suspend the Architect’s services under this Agreement at any time upon paying all sums due the Architect for work to time of termination and after giving the Architect thirty (30) calendar days prior written notice by certified mail, stating the reason for such termination or suspension. Upon delivery of such notice by the Town to the Architect, the Architect shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to the Agreement. As soon as practicable after receipt of notice of termination, the Architect shall submit a statement, showing in detail, the services performed under this Agreement less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and reports prepared under this Agreement shall be delivered to the Town when and if this Agreement is terminated. 6.1.2 In the event of termination or abandonment of the Architect’s services under this Agreement, payment shall be made to the Architect for all services performed to the date of same. Page 182 of 203 Page 6 of 11 6.1.3 If this Agreement is terminated because of material breach of this Agreement by the Architect, the Town may have the remaining work and services to be performed by the Architect performed by another architect, and the Architect shall be liable to the Town for any excess costs accrued by the Town thereof. 6.1.4 Notices. All notices provided for in this Agreement shall be in writing. Any notices that are submitted by email exchanged between the parties’ authorized representatives may be effective upon proof of receipt and delivery records. Each of the parties agrees to reasonably confirm receipt of notices submitted by the other party. Otherwise, all notices provided for in this Agreement shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent by recognized overnight courier service to the parties at each of their respective representatives noted below, unless otherwise changed upon written notice: If to Architect: Chad Davis, ASLA, 4222 85th Street, Lubbock, TX, 806-473-2200, Cdavis@parkhill.com If to Town: Chase Ellis, CPRP, CPO, Town of Trophy Club, 1 Trophy Wood Drive, Trophy Club, Texas 76262, Cellis@trophyclub.org ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 This Agreement shall be governed in all respects by the laws of the State of Texas, without regard for conflict of laws principles. Venue for any dispute arising out of this Agreement shall lie exclusively in Denton County, Texas. 7.2 MEANING OF TERMS AND LEGAL CONSTRUCTION 7.2.1 The terms in this Agreement and in any construction contract shall be construed in accordance with their common and ordinary meaning, unless otherwise specifically defined in this Agreement or the construction contract. 7.2.2 The judicial doctrine that provides that documents or exculpatory provisions are to be construed against the drafter or provider of such documents or provisions does not apply to this Agreement, as each party has had a reasonable opportunity to obtain and consult with their own legal counsel regarding this Agreement. 7.3 COMPLIANCE WITH LAWS 7.3.1 The Architect, its consultants, agents, employees, and subcontractors shall comply with all applicable Federal and State laws, charter, and ordinances of the Town, as amended, and all other applicable rules and regulations promulgated by federal, local, state, and national boards, bureaus, and agencies. The Architect shall complete only the professional services as required in the performance of the services contracted for herein. 7.4 USE AND OWNERSHIP OF DOCUMENTS 7.4.1 The Architect’s designs and work products under this Agreement including, but not limited to, tracings, drawings, plans, specifications, studies and other documents completed or partially completed, shall be the property of the Town, to be used as the Town desires, without restriction. The Architect specifically waives and releases any proprietary rights or ownership claims herein. The Town shall have unlimited right for the benefit of the Town for use in future projects to all drawings, designs, specifications, the Architect’s designs and structures, notes and other pertinent consultant, architectural, or engineering work procured in the performance of this Agreement or in contemplation thereof, and all as-built drawings produced after completion of the Project work, if any, including the right to use same on any other Town work without additional cost to the Town. Any use of the aforementioned documents for future projects shall be without use of Architect’s name or registration seal and without any liability to the Architect, its agents, employees, subcontractors, and consultants. Page 183 of 203 Page 7 of 11 7.4.2 All information, documents, and communications relating to this Agreement shall be subject to the Texas Public Information Act (“Act”) and any opinion of the Texas Attorney General or a court of competent jurisdiction relating to the Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and the Architect agrees that the Agreement may be terminated if the Architect knowingly or intentionally fails to comply with a requirement of that subchapter. In accordance with the Act, the Architect agrees to: (1) preserve all contracting information related to the Agreement as provided by the records retention requirements applicable to the Town for the duration of the Agreement; (2) promptly provide to the Town any contracting information related to the Agreement that is in the custody or possession of the Architect on request of the Town; and (3) on completion of the Agreement, either: (A) provide at no cost to the Town all contracting information related to the Agreement that is in the custody or possession of the Architect; or (B) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the Town. 7.5 SUCCESSORS AND ASSIGNS 7.5.1 The Town and the Architect each binds itself and its successors, executors, administrators and assigns to any other party of the Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Town nor the Architect shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be constituted as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. 7.6 INDEPENDENT CONTRACTOR 7.6.1 The Architect shall perform its obligations under this Agreement as an independent contractor and shall not be considered an employee of the Town for any purpose whatsoever, including, but not limited to, entitlement to Town employee benefits. The Architect hereby expressly waives any claim or entitlement to such benefits. Furthermore, this Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture, or trust. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third party. 7.7 INSURANCE 7.7.1 Prior to the commencement of services under this Agreement, Architect shall obtain standard comprehensive professional liability insurance coverage in an amount of at least $1,000,000.00 per occurrence with a $2,000,000.00 aggregate policy limit per year, covering the services provided under this Agreement, including contractual liability under this Agreement. A “claims made” policy is acceptable subject to coverage being maintained during the course of the Project and up to three (3) years after completion and acceptance of Project by the Town. Architect shall maintain such professional liability insurance coverage during all phases of services and for three (3) years after final completion of the Project. The Town shall be supplied with a certificate of such coverage which shall provide for a thirty (30) day notice of cancellation, non-renewal, or change in limits by endorsement, to the Town by certified mail. Architect will maintain general liability insurance coverage as follows: Page 184 of 203 Page 8 of 11 TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1 Workers’ Compensation Employers’ Liability Statutory Limits Town to be provided a WAIVER OF SUBROGATION AND PROVIDED 30 DAY NOTICE OF CANCELLATION or material change in coverage. Insurance Company must be A-rated or above. $100,000 per occurrence 2 Commercial General (Public) Liability to include coverage for: a.Premises/Operations b. Products/Completed Operations c.Independent Contractors d. Personal Injury e. Contractual Liability Bodily Injury - $250,000 per person, $500,000 per occurrence; Property Damage - $100,000 per occurrence Town to be listed as ADDITIONAL INSURED AND PROVIDED 30 DAY NOTICE OF CANCELLATION or material change in coverage. Insurance Company must be A-rated or above. -OR- Combined simple limit of $600,000 3 Business Auto Liability to include coverage for: a. Owned/Leased vehicles b. Non-owned vehicles c. Hired vehicles Bodily Injury - $250,000 per person, $500,000 per occurrence; Property Damage - $100,000 per occurrence Town to be listed as ADDITIONAL INSURED AND PROVIDED 30 DAY NOTICE OF CANCELLATION or material change in coverage. Insurance Company must be A-rated or above. -OR- Combined simple limit of $600,000 The Town, including its officers, officials, employees, Boards and Commissions, and volunteers shall be named as an additional insured by endorsement to the general insurance coverage listed in this Agreement, excluding Workers’ Compensation, Employers’ Liability, and Professional Liability (for which a waiver of subrogation is required to be issued in favor of the Town), with regard to the Architect’s activities as required by this Agreement. The Architect shall provide any defense provided by the policy to a named insured. The coverage shall contain no special limitations on the scope of protection afforded to the Town, and all premiums arising from the coverage herein shall be the responsibility of the Architect. Architect shall maintain such general liability coverage during all phases of services and for three (3) years after final completion of the Project. The Town shall be supplied with a certificate of such coverage which shall provide for a thirty (30) day notice of cancellation, non-renewal, or change in limits by endorsement, to the Town by certified mail. 7.8 ARCHITECT’S SEAL 7.8.1 The Architect shall place the Architect’s Seal, as may be required by Texas law or the rules or regulations of the Texas Board of Architectural Examiners, on all documents and data furnished by the Architect to the Town. 7.9 CONFIDENTIALITY 7.9.1 The Architect will maintain as confidential any documents or information provided by the Town and will not release or publish same to any third-party without prior permission from the Town, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to the Town. 7.10 SURVIVAL 7.10.1 All provisions of this Agreement for indemnity or allocation of responsibility or liability between the Town and the Architect shall survive the completion of the services and the termination of the Agreement. Page 185 of 203 Page 9 of 11 7.11 SEVERABILITY 7.11.1 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 7.12 PUBLIC FUNDING 7.12.1 This Agreement is subject to the appropriation of public funds by the Town in its budget adopted for any fiscal year for the specific purpose of making payments pursuant to this Agreement for that fiscal year. The obligation of the Town pursuant to this Agreement in any fiscal year for which this Agreement is in effect shall constitute a current expense of the Town for that fiscal year only, and shall not constitute an indebtedness of the Town of any monies other than those lawfully appropriated in any fiscal year. In the event of non-appropriation of funds in any fiscal year to make payments pursuant to this Agreement, this Agreement may be terminated without any liability to either party. 7.13 TEXAS BOYCOTT PROHIBITIONS 7.13.1 To the extent required by Texas law, the Architect verifies that: (1) It does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined in Texas Government Code § 2274.001, and that it will not during the term of the Agreement discriminate against a firearm entity or firearm trade association; (2) It does not “boycott Israel” as that term is defined in Texas Government Code § 808.001 and 2271.001, and it will not boycott Israel during the term of the Agreement; (3) It does not “boycott energy companies,” as those terms are defined in Texas Government Code §§ 809.001 and 2276.001, and it will not boycott energy companies during the term of the Agreement; (4) It does not engage in scrutinized business operations with Sudan, Iran, or designated foreign terrorist organization as defined in Texas Government Code, Chapter 2270; and (5) It is not owned by or the majority of its stock or other ownership interest is held or controlled by i) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country as defined by Texas Government Code § 2275.0101; or ii) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; nor is it headquartered in China, Iran, North Korea, Russia, or a designated country. 7.14 ETHICS DISCLOSURE 7.14.1 To the extent required by law, the Architect represents that it has completed a Texas Ethics Commission (the “TEC”) form 1295 (“Form 1295”) generated by the TEC’s electronic filing application in accordance with the provisions of Texas Gov’t Code Ch. 2252.908 and the rules promulgated by the TEC. The parties agree that, with the exception of the information identifying the Town and the contract identification number, the Town is not responsible for the information contained in the Form 1295. 7.15 ENTIRE AGREEMENT 7.15.1 This Agreement represents the entire agreement between the Town and the Architect and supersedes all prior communications, negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Town and Architect. [Signatures on following page] Page 186 of 203 Page 10 of 11 EXECUTED in one or more counterparts (each of which is an original) on behalf of the Architect and on behalf of the Town; each party thereunto duly authorized on the date first written above. TOWN: ARCHITECT: TOWN OF TROPHY CLUB, TEXAS PARKHILL, By: Brandon Wright, Town Manager By: Date: Date: ATTEST: ATTEST: By: Tammy Dixon, Town Secretary Page 187 of 203 Page 11 of 11 EXHIBIT A BASIC SERVICES (SCOPE OF WORK); PROPOSAL; AND HOURLY RATES Page 188 of 203 October 22, 2024 Mr. Chase Ellis, CPRP, CPO Director of Parks and Recreation Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 RE: Agreement for Professional Services for the Town of Trophy Club Parks and Recreation Master lan Project Address: Citywide Plan Dear Mr. Ellis: Parkhill (A/E) is pleased to have the opportunity to provide Planning and Landscape Architecture services to the Town of Trophy Club (CLIENT) for the Trophy Club Parks and Recreation Master plan (Project). 1. We understand the Basic Services (Scope of Work) you require to be: Trophy Club Engagement Phase (E) E1. Facilitation aids for public outreach and citizen participation. E2. The consultant shall provide a demand-based assessment which identifies what the community wants and what they are willing to support. E3. In depth research and engagement with the community is statistically valid. E4. Information gathering session with various Town Boards and Commissions. Trophy Club Outcomes Phase(O) O1. Recommendations such as land acquisition, park and facility development, park improvements, recreational programming and health, trail connectivity, and policy recommendations. O2. A Townwide trails Master Plan including integration of the public sidewalk system. (Included ADA analysis) O3. Community scaled park survey plan developed park by park. O4. Programming plan recommendations based on wants and feasibility. O5. Using the wants and feasibility information to develop a programming plan that details program design guidelines, cost recovery hierarchy, and program evaluation standards. O6. A detailed Parks and Recreation Master Plan document for the Town of Trophy Club, with short, medium, and long-term goals. O7. Financial data report and recommendations to support the implementation of the Plan. O8. A community profile and needs assessment. It should be standards-based with a complete accessibility analysis. O9. Creation of marketing materials to be used during future funding efforts. O10. Evaluation and recommendation for existing civic parkland space to determine if adequately meet community needs. O11. Evaluation and recommendations and Master Plan graphic designs for medians to focus on sustainability and aesthetics. O12. Evaluation and recommendations and Master Plan graphic designs for future development of current park spaces. O13. Park condition assessment of current spaces with recommendations for replacement, rehabilitation, and reconstruction. P Page 189 of 203 Mr. Chase Ellis Page 2 October 22, 2024 Town of Trophy Club O14. Design of a comprehensive Town Park Style Guide focused on entryway and internal signage. Parkhill is to serve as the Prime Contractor for this Master Planning effort. 110% and Civic Brands are subconsultants to Parkhill for specific scope areas. The Matrix below shows the Engagement and Outcome items with red check marks for the consultant with primary responsibility for that item and a gray check mark for contributing team members for clarification. Services specifically excluded from our Scope of Services include, but are not limited to, the following:  Surveys and Geotechnical Reports.  Asbestos and Hazardous Materials Studies.  Construction Material Testing.  Texas Department of Health Demolition Notification.  Entitlement Services. A tentative schedule for submitting our Work for review is as follows: The A/E feels their work can be completed within 297 working days. Due to the nature of the Scope of Services for this Phase including specific dates for the community, Parks and Recreation Board, and Town of Trophy Club meetings and presentations, a specific schedule will be completed with representatives of the Owner to best accomplish all work within a desired timeframe that may or may not fit within the proposed 297 working days anticipated. The A/E understands time is of the essence and will complete a detailed schedule with the Owner once the final scope and meeting dates can be coordinated. A proposed schedule is included below for each Engagement and Outcome item listed above. The first schedule shows an item in the order they were listed in the original RFQ the Town issued. The second schedule shows the item listed in the order in which they will be chronologically executed by A/E. Engagement Outcomes Fees 1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 Parkhill Texas Parks and Wildlife Complinat City-Wide Park and Recreation Master Plan          $105,000 Parkhill Trail Master Plan and ADA Analysis of Trails Only $15,000 110% Financial Analysis and Resiliency Planning   $69,065 Civic Brands Engagement and Marketing Services  $40,000 Parkhill Town Park Style Guide $15,000 Total Fee $244,065 Page 190 of 203 Mr. Chase Ellis Page 3 October 22, 2024 Town of Trophy Club Schedule by RFQ Task Order Task Name Task (By Scope in RFQ) Task Identifier Duration Start Finish Master Plan Timeline MP 312 days 10/14/2024 12/23/2025 Notice to Proceed MPNTP 1 day 11/4/2024 11/4/2024 Meeting Coordination and Kickoff MPKO 32 days 11/4/2024 12/17/2024 Engagement E 65 days 12/2/2024 2/28/2025 Public Outreach and Citizen Participation E1 45 days 12/2/2024 1/31/2025 Demand-Based Assessment E2 20 days 2/3/2025 2/28/2025 Statistically Valid Research and Engagement E3 40 days 1/6/2025 2/28/2025 Town Boards and Commissions E4 20 days 1/6/2025 1/31/2025 Presentations P 263 days 12/20/2024 12/23/2025 Updates and Quarterly Reports P1 261 days 12/20/2024 12/19/2025 Park Board Introduction P2 0 days 11/11/2024 11/11/2024 Park Board Conclusion P3 0 days 12/15/2025 12/15/2025 Town Council Introduction P4 0 days 11/19/2024 11/19/2024 Town Council Conclusion P5 0 days 12/23/2025 12/23/2025 Outcomes O 195 days 3/3/2025 11/28/2025 Recommendations O1 85 days 3/3/2025 6/27/2025 Trails Master Plan and ADA Analysis O2 85 days 3/3/2025 6/27/2025 Community Scaled Park Survey Plan by Park O3 85 days 3/3/2025 6/27/2025 Programming Recommendations from Wants and Feasibility O4 85 days 3/3/2025 6/27/2025 Programming Plan with design guidelines, cost recovery, evaluation standards O5 64 days 5/5/2025 7/31/2025 Parks and Recreation Master Plan Document O6 65 days 8/4/2025 10/31/2025 Financial Data Report and Recommendations O7 42 days 8/4/2025 9/30/2025 Community Profile and Needs Assessment (Standards Based, Accessibility) O8 85 days 3/3/2025 6/27/2025 Marketing Materials O9 65 days 9/1/2025 11/28/2025 Evaluation of Existing Space O10 85 days 3/3/2025 6/27/2025 Median Guidelines O11 66 days 7/1/2025 9/30/2025 Master Plan Graphic Designs O12 86 days 7/7/2025 11/3/2025 Park Condition Assessment and Recommendations O13 85 days 3/3/2025 6/27/2025 Town Park Style Guide O14 85 days 7/7/2025 10/31/2025 Chronological Schedule Page 191 of 203 Mr. Chase Ellis Page 4 October 22, 2024 Town of Trophy Club Task Name Task (Chronologically) Task Identifier Duration Start Finish Master Plan Timeline MP 312 days 10/14/2024 12/23/2025 Notice to Proceed MPNTP 1 day 11/4/2024 11/4/2024 Meeting Coordination and Kickoff MPKO 32 days 11/4/2024 12/17/2024 Engagement E 65 days 12/2/2024 2/28/2025 Presentations P 263 days 12/20/2024 12/23/2025 Outcomes O 195 days 3/3/2025 11/28/2025 Park Board Introduction P2 0 days 11/11/2024 11/11/2024 Town Council Introduction P4 0 days 11/19/2024 11/19/2024 Public Outreach and Citizen Participation E1 45 days 12/2/2024 1/31/2025 Updates and Quarterly Reports P1 261 days 12/20/2024 12/19/2025 Statistically Valid Research and Engagement E3 40 days 1/6/2025 2/28/2025 Town Boards and Commissions E4 20 days 1/6/2025 1/31/2025 Demand-Based Assessment E2 20 days 2/3/2025 2/28/2025 Recommendations O1 85 days 3/3/2025 6/27/2025 Evaluation of Existing Space O10 85 days 3/3/2025 6/27/2025 Park Condition Assessment and Recommendations O13 85 days 3/3/2025 6/27/2025 Trails Master Plan and ADA Analysis O2 85 days 3/3/2025 6/27/2025 Community Scaled Park Survey Plan By Park O3 85 days 3/3/2025 6/27/2025 Programming Recommendations from Wants and Feasibility O4 85 days 3/3/2025 6/27/2025 Community Profile and Needs Assessment (Standards Based, Accessibility) O8 85 days 3/3/2025 6/27/2025 Programming Plan with design guidelines, cost recovery, evaluation standards O5 64 days 5/5/2025 7/31/2025 Median Guidelines O11 66 days 7/1/2025 9/30/2025 Master Plan Graphic Designs O12 86 days 7/7/2025 11/3/2025 Town Park Style Guide O14 85 days 7/7/2025 10/31/2025 Parks and Recreation Master Plan Document O6 65 days 8/4/2025 10/31/2025 Financial Data Report and Recommendations O7 42 days 8/4/2025 9/30/2025 Page 192 of 203 Mr. Chase Ellis Page 5 October 22, 2024 Town of Trophy Club Task Name Task (Chronologically) Task Identifier Duration Start Finish Marketing Materials O9 65 days 9/1/2025 11/28/2025 Park Board Conclusion P3 0 days 12/15/2025 12/15/2025 Town Council Conclusion P5 0 days 12/23/2025 12/23/2025 Our fees for the Master Plan scope described above will be based on a lump sum amount of $244,065.00 plus $5,000.00 allowance for reimbursable expenses that will be itemized and carried on a separate line item withing the budget. To assist the Town of Trophy Club with anticipated invoicing efforts the following schedule should allow for invoices to be issued at equal intervals based on the proportionate amount of Work per Engagement and Outcomes Phases. Should the Work be completed before December 23, 2025, any outstanding invoices may be combined and consolidated for final payment upon completion of the tasks in each outstanding Phase. Invoicing Schedule Engagement 11/4/2024 to 2/28/2025 Reimbursable Costs Task % Complete Invoice 1 1-Jan-25 $30,508 As Incurred P1, P2, P4,E1, E2, E3, E4 30% Complete Invoice 2 1-Mar-05 $30,508 As Incurred P1, P2, P4,E1, E2, E3, E4 60% Complete Invoice 3 1-May-25 $30,508 As Incurred P1, P2, P4,E1, E2, E3, E4 100% Complete Sub Total $91,524 As Incurred Outcomes 3/3/2025 to 12/23/2025 Invoice 4 1-Jul-25 $30,508 As Incurred O1, O2, O3, O4,O5,O8, O10,O13 50% Complete Invoice 5 1-Sep-25 $30,508 As Incurred O1, O2, O3, O4,O5,O8, O10,O13 100% Complete Invoice 6 1-Nov-25 $30,508 As Incurred P3, P5, O6, O7, O9,O11, O12,O14 30% Complete Invoice 7 1-Nov-25 $30,508 As Incurred P3, P5, O6, O7, O9,O11, O12,O14 60% Complete Page 193 of 203 Mr. Chase Ellis Page 6 October 22, 2024 Town of Trophy Club Invoicing Schedule Invoice 8 1-Jan-26 $30,509 As Incurred P3, P5, O6, O7, O9,O11, O12,O14 100% Complete Sub Total $152,541 As Incurred Grand Total $244,065 $5,000 Services identified as Supplemental Services are in addition to Basic Services and will be billed using the A/E’s standard hourly rate schedule. Should the Scope of Services described above change during the Project, the lump sum amount will be adjusted either up or down by a mutually agreed upon amount or based on an hourly rate method using A/E’s standard hourly rate schedule. Reimbursable expenses will be billed at invoice cost plus a 15% markup for handling costs. Reimbursable expenses include, but are not limited to, travel, postage/shipping, reproductions/copies, color plots/prints, accessibility review and inspection fees, reproduction of Contract Documents and reports. A budget of $5,000 is included in the Fee Proposal. These are approximately anticipated costs and will be itemized and carried as a separate line item as desired by the Owner. Optional Supplemental Services may include “fly-through” animations, video presentations, exterior and interior renderings (photo-realistic), printed brochures, and fundraising collateral. These costs will be determined based on the desired level of presentation materials required and billed as reimbursable expenses. Invoices will be sent to Mr. Chase Ellis, CPRP, CPO, at Town of Trophy Club, 1 Trophy Wood Drive, Trophy Club, Texas 76262. A/E will also send invoices via the email address cellis@trophyclub.org. Many issues such as the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS), and hazardous materials are of great concern to both building owners and to architects, landscape architects, interior designers, and engineers. The enclosed Standard Conditions (Exhibit A) gives a brief explanation of several of those issues and defines the roles and responsibilities for each party involved in this Agreement. We will be glad to discuss these issues with you at your convenience. You may indicate your acceptance of this Agreement and the Standard Conditions by returning one signed copy of this letter to our office. Unless another date is specified, we will consider receipt of the letter as authorization to proceed. We appreciate the opportunity to provide Professional Services to you and look forward to the successful completion of your Project. If you have any questions, please do not hesitate to call us. Page 194 of 203 Mr. Chase Ellis Page 7 October 22, 2024 Town of Trophy Club Sincerely, PARKHILL (A/E) Town of Trophy Club (CLIENT) By Signature: Michael Chad Davis, ASLA Firm Principal Name: Title: Date: MC/ilc Enclosures: Exhibit A – Standard Conditions “The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337, (512) 305-9000, www.tbae.state.tx.us has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas.” \\data2-vm\STDS_CODES\PSC Standard Forms\02_Agreement-Contracts\03_Architect_Agreements\00_Architectural Letter Agreement.docx Page 195 of 203 Exhibit A | Standard Conditions Page 1 of 8 EXHIBIT A STANDARD CONDITIONS: CLIENT and A/E agree to and accept the following terms and conditions pursuant to and as a part of the parties’ Agreement for Professional Services: ARTICLE 1. INVOICING AND SERVICES 1.1 INVOICING A/E shall submit invoices for services rendered on a monthly basis to CLIENT. Invoiced amounts are due and payable upon presentation and shall be considered past due if not paid within thirty (30) days of the due date. Past due amounts for invoices shall bear interest at one-and-one-half (1.5) percent (or the maximum rate allowable by law, whichever is less) of the past due amount per month, which shall be calculated from the invoice due date. Payments for services rendered by A/E or for other fees or expenses required by this Agreement are due and payable, and the parties reserve all rights pursuant to Texas Government Code, Chapter 2251, commonly referred to as the Texas Prompt Payment Act. In addition, A/E and CLIENT shall be entitled to any other legal and equitable remedies allowed by applicable law. 1.2 SERVICES DURING CONSTRUCTION Except as expressly stated in the Scope of Work, A/E shall not, and shall not be responsible to supervise, direct or have control over the Work of CLIENT’s or Property Owner’s contractors, subcontractors or other service or material providers, including any designated general contractor of CLIENT or Property Owner or any subcontractors thereof (generally and collectively referred to as the “Contractors”) nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractors nor for the Contractors’ safety precautions or programs in connection with the Work. These above rights and responsibilities are solely those of and between CLIENT and the applicable Contractors. CLIENT agrees that A/E is not responsible for the jobsite condition or on-site worker safety, except as otherwise expressly stated in the Scope of Work. Except where prohibited by applicable law, A/E shall not be responsible for any acts or omissions of the Contractors, including any subcontractor, any entity performing any portions of the Work or any agents or employees of any of them. A/E does not guarantee the performance of any of the Contractors and shall not be responsible for the Contractors’ failure to perform their applicable work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. As used in these Standard Conditions, the term “Contract Documents” refers to the construction plans, specifications, work schedules, work conditions and other matters between CLIENT and/or the Property Owner and their respective Contractors for the build-out or construction services relating to the Project. A/E shall not be required to sign any document, no matter by whom requested, that would result in A/E having to certify, guarantee, or warrant the existence of conditions whose existence A/E cannot reasonably ascertain. CLIENT agrees not to make resolution of any dispute with A/E or payment of any amount due to A/E contingent upon A/E signing any such document. 1.3 ESTIMATES OR OPINIONS OF PROBABLE CONSTRUCTION COST In providing estimates or opinions of probable construction cost, CLIENT understands that A/E has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractors’ methods of pricing, and that A/E’s estimates or opinions of probable construction costs are made on the basis of A/E’s professional judgment and experience. A/E makes no warranty, express or implied, that the bids or the negotiated construction cost will not vary from A/E’s estimates or opinions of probable construction cost. Page 196 of 203 Exhibit A | Standard Conditions Page 2 of 8 1.4 HAZARDOUS MATERIALS As used in this Agreement, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the project site. Both parties acknowledge that A/E’s scope of services does not include any services related to the presence of any hazardous or toxic materials. If A/E or any other person or entity involved in the project encounters any hazardous or toxic materials, or should it become known to A/E that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of A/E’s services, A/E may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until CLIENT retains appropriate qualified consultants and/or Contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. 1.5 ACCESSIBILITY CLIENT acknowledges that the requirements of the Americans with Disabilities Act, as amended (ADA), and other federal, state and local accessibility laws, rules, codes, ordinances, and regulations will be subject to various and possibly contradictory interpretations. CLIENT further acknowledges that the ADA is a Civil Rights law and not a building code, and does not use prescriptive language. A/E, therefore, will use its reasonable professional efforts and judgment to interpret applicable accessibility requirements in effect as of the date of the execution of this Agreement, and as they apply to the Project. A/E, however, cannot and does not warrant or guarantee that CLIENT’s Project will comply with all interpretations of the accessibility requirements and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. CLIENT and A/E understand that, unless exempted by applicable law, the Project must be submitted to the Texas Department of Licensing and Regulations (TDLR) – Elimination of Architectural Barriers (EAB) Division for plan review for compliance with Texas Accessibility Standards (TAS) requirements. A/E will include in the design of the Project all changes that are the result of the TDLR plan review. After construction of the Project, TDLR requires an inspection of the Project for compliance confirmation. However, A/E cannot and does not warrant or guarantee that different rules and/or interpretation may be applied to CLIENT’s Project at the time of the final TDLR inspection. Compliance with changes required by the TDLR final inspection that were not mentioned in the TDLR plan review may be required, and any additional services to be performed by A/E in order to meet or address those requirements will be charged to and payable by CLIENT. 1.6 STANDARD OF CARE BY A/E AND LIMITED WARRANTY In providing services under this Agreement, A/E shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. OTHERWISE, A/E MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ITS PROFESSIONAL SERVICES RENDERED UNDER THIS AGREEMENT, AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. CLIENT shall be responsible for all requirements and instructions that it provides to A/E pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information provided by CLIENT to A/E. A/E may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or providing services under this Agreement, subject to any express limitations or reservations applicable to the provided items. 1.7 CLIENT RESPONSIBILITIES CLIENT will provide A/E with reasonable access to the work site. Unless specifically included in A/E’s Page 197 of 203 Exhibit A | Standard Conditions Page 3 of 8 Scope of Work, CLIENT will, at CLIENT’s expense, apply for and obtain applicable permits in a timely manner, provide all legal services in connection with the Project, and provide environmental impact reports and energy assessments, if and as needed or appropriate for A/E’s services. CLIENT shall pay the costs of checking and inspection fees, zoning application fees, soils engineering fees, testing fees, surveying fees, and all other fees, permits, bond premiums, and all other charges not specifically covered by the terms of this Agreement. Any such fee or expense approved by CLIENT and that is paid for by A/E shall be included in A/E’s invoice for amounts payable by CLIENT, and A/E may require advance payment before incurring the fee or expense. 1.8 OWNERSHIP OF DOCUMENTS AND DIGITAL DATA All reports, drawings, specifications, computer files, field data, notes, data on any form of digital data, and other records or documents prepared by A/E are deemed instruments of service (collectively the “Instruments of Service”) and shall remain the property of A/E. A/E shall retain a common law, statutory and other reserved rights, including copyrights, in and to all Instruments of Service and any derivative works thereof relating to the Project. A/E grants to CLIENT a nonexclusive, limited license to reproduce or use A/E’s Instruments of Service solely for the purpose of constructing, effecting, making improvements to, using and maintaining the Project; provided, however, this grant is made with the express understanding that A/E shall have been paid in full for the Services rendered hereunder. CLIENT shall not use the Instruments of Service for other projects without prior written agreement of A/E. CLIENT understands that the unauthorized use of Instruments of Service is prohibited, will be deemed a material breach of this Agreement and may result in liability and other adverse consequences to CLIENT. ANY UNAUTHORIZED USE OF THE INSTRUMENTS OF SERVICE SHALL BE AT CLIENT’S OR SUCH OTHER USER’S SOLE RISK AND WITHOUT LIABILITY TO A/E. 1.9 INDEMNIFICATION FOR UNAUTHORIZED USE OF INSTRUMENTS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS A/E, ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, OR COSTS, INCLUDING REASONABLE ATTORNEY’S FEES AND DEFENSE COSTS, ARISING FROM OR IN ANY WAY CONNECTED WITH THE UNAUTHORIZED USE, REUSE OR MODIFICATION OF THE INSTRUMENTS OF SERVICE BY CLIENT OR ANY PERSON OR ENTITY THAT ACQUIRES OR OBTAINS THE INSTRUMENTS OF SERVICE FROM OR THROUGH CLIENT WITHOUT THE WRITTEN AUTHORIZATION OF A/E; PROVIDED, HOWEVER, THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL NOT APPLY TO ANY LIABILITY, CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES,ARISING OUT OF BODILY INJURY TO PERSONS OR DAMAGE TO PROPERTY CAUSED OR RESULTING FROM IN WHOLE OR IN PART, BY THE NEGLIGENT ACT OR OMISSION OF THE A/E, ITS OFFICERS OR EMPLOYEES WITH RESPECT TO AUTHORIZED USE OF THE INSTRUMENTS OF SERVICE. 1.10 DELIVERY OF DIGITAL DATA In accepting and utilizing any form of digital data generated and furnished by A/E, CLIENT agrees that all such digital data are Instruments of Service of A/E. CLIENT is aware that differences may exist between the digital data delivered and the printed hard-copy Contract Documents. In the event of a conflict between the original signed Contract Documents prepared by A/E and digital data, the original signed and sealed hard-copy Contract Documents shall govern. Digital data created by A/E through the application of software licensed for sole and exclusive use by A/E will be furnished to CLIENT in read-only format. CLIENT is responsible for obtaining and maintaining, at CLIENT’s expense, software licenses as appropriate for the use of digital data provided by A/E. Under no circumstances shall delivery of digital data for use by CLIENT be deemed a sale by A/E, Page 198 of 203 Exhibit A | Standard Conditions Page 4 of 8 and A/E makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall A/E be liable for indirect or consequential damages as a result of CLIENT’s use or reuse of the digital data. ARTICLE 2. GENERAL PROVISIONS 2.1 APPLICABLE LAW This Agreement shall be interpreted and enforced according to the laws of the State of Texas, without regard to conflict of laws principles. See Tex. Bus. & Com. Code § 272.001. 2.2 PRECEDENCE OF CONDITIONS Should any conflict exist between the terms herein and the terms of any purchase order or confirmation issued by CLIENT, the terms of these Standard Conditions shall prevail, unless otherwise agreed in writing by the parties with specific reference to the applicable provision of these Standard Conditions that is intended to be modified. 2.3 ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party (unless such assignment without consent is mandated by law), and any assignment without such written consent shall be void. Notwithstanding the foregoing, A/E is expressly permitted to subcontract or assign portions of the Work or services to subconsultants that A/E may select, provided that A/E shall remain responsible for the Work assigned to and performed by such subconsultants. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 2.4 AMENDMENTS This Agreement may be amended only by a written instrument, signed by both CLIENT and A/E, which expressly refers to this Agreement. 2.5 DELAYS CLIENT agrees that A/E is not responsible for damages arising directly or indirectly from any delays for causes beyond A/E’s reasonable control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; epidemics or pandemics (including the 2019 Novel Coronavirus or COVID- 19, including any on-going or re-occurring effects of same); World Health Organization alerts; declarations of a state of emergency or similar orders issued by local, state or federal government officials; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by CLIENT or CLIENT’s Contractors or consultants; discovery of any hazardous substances or differing site conditions; or any other similar or dissimilar cause beyond A/E’s reasonable control. In addition, if the delays resulting from any such causes increase the cost or time required by A/E to perform its services in an orderly and efficient manner, A/E shall be entitled to a reasonable adjustment in schedule and compensation. Page 199 of 203 Exhibit A | Standard Conditions Page 5 of 8 2.6 INSURANCE A/E agrees to provide Professional Liability Insurance and General Liability Insurance during the scope of the services provided for this Project and for a period of 3 years after the completion of services. 2.7 MERGER, WAIVER, SURVIVAL AND SEVERABILITY Except for amendments approved as required by this Agreement, this Agreement constitutes the entire and integrated agreement between the parties hereto and with regard to the same subject matter and supersedes all prior negotiations, representations and/or agreements, written or oral relating to the same subject matter. One or more waiver of any term, condition or other provision of this agreement by either party shall not be construed as a waiver of a subsequent breach of the same or any other provisions. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. The parties further intend as follows: (a) if any provision of this Agreement is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by applicable law, in which case that provision will be disregarded; (b) if an unenforceable provision is modified or disregarded according to this section, then the rest of the Agreement will remain in effect as written; and (c) any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable. 2.8 TERMINATION AND SUSPENSION CLIENT may terminate this Agreement for CLIENT’s convenience and without cause upon giving A/E not less than seven calendar days’ written notice. A/E may terminate this Agreement, or may suspend Services, upon giving CLIENT not less than seven calendar days’ written notice following CLIENT’s failure to make timely payment owed to A/E as provided by this Agreement. In addition, either party may terminate this Agreement for cause upon giving the other party not less than seven calendar days’ written notice for any of the following “for cause” reasons:  Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party, provided that, except where the failure to perform regards CLIENT’s payment obligations, the non-performing party is given written notice and description of the failure in question and a reasonable opportunity to cure of at least 10 but no more than 30 days, and the non-performing party cures the matter within the reasonable cure period;  Unauthorized assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party;  Suspension of A/E’s services by CLIENT for more than 90 calendar days, consecutive or in aggregate;  Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. A/E shall have no liability to CLIENT on account of A/E’s termination of this Agreement for any of the reasons listed in subsections 2.8.1., 2., 3. or 4. above. In the event of termination of this Agreement by either party, CLIENT shall, within 15 calendar days of the termination date, pay A/E for all services rendered and all reimbursable costs incurred by A/E up to the date of termination, in accordance with the payment provisions of this Agreement. The terminating party shall set the effective date of termination at a time sufficient (up to 30 days later Page 200 of 203 Exhibit A | Standard Conditions Page 6 of 8 than otherwise provided) to allow A/E to demobilize personnel and equipment from the Project, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 2.9 LIMITATION OF LIABILITY NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CLIENT NOR A/E, THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES OR AGENTS, CONTRACTORS OR SUBCONSULTANTS SHALL BE LIABLE TO THE OTHER OR SHALL MAKE ANY CLAIM FOR ANY INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY TO THE PROJECT OR THIS AGREEMENT. THIS MUTUAL LIMITATION OF LIABILITY SHALL INCLUDE ALL SUCH DAMAGES THAT EITHER PARTY MAY HAVE INCURRED FROM ANY CAUSE, INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT AND BREACH OF STRICT OR IMPLIED WARRANTY. IOLATION OF LAW IS WILLFUL OR NEGLIGENT. 2.10 THIRD-PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either CLIENT or A/E. A/E’s services under this Agreement are being performed solely for CLIENT’s benefit, and there are no third-party beneficiaries of A/E’s services. 2.11 MAINTENANCE, WEAR AND TEAR Both CLIENT and A/E acknowledge that CLIENT, and only CLIENT, is responsible for maintenance, wear and tear on the project upon substantial completion. CLIENT is responsible for providing routine inspections and maintenance of the project to maintain a safe, functional and weather tight facility. Should CLIENT fail to provide routine inspections and maintenance, and damage occur to the project, A/E is not responsible for any such resultant damage. ARTICLE 3. DISPUTE RESOLUTION, BETTERMENT, AND COMMUNICATIONS 3.1 DISPUTE RESOLUTION A/E and CLIENT agree to negotiate all disputes between them in good faith for a minimum of 30 days from the date of notice. Should such negotiations fail, A/E and CLIENT agree that any dispute between their arising out of, or relating to, this Agreement shall be submitted to non-binding mediation prior to the filing of any lawsuit or arbitration proceeding relating to the dispute, unless the parties mutually agree otherwise in writing. The mediation shall be conducted remotely and by electronic video conference means, unless the parties agree in writing to mediate in person at a mutually agreeable location. The parties agree that conducting mediation by remote means shall constitute a mediation in the state where the Project is located, provided that each of the parties shall have one representative participating in the mediation while the representative is situated in the state where the Project is located. Each party shall assume its own costs associated with the mediation. The mediator’s compensation and expenses and any administrative fees or costs associated with the mediation proceeding shall be borne equally by the parties, unless otherwise agreed in writing. Notwithstanding the foregoing, none of the above Dispute Resolution processes shall prevent or deter a party from protecting or acting upon lien rights, or from seeking immediate, emergency or injunctive relief from a court of competent jurisdiction and as may be available at law or in equity. 3.2 BETTERMENT If, due to an error or an omission by A/E, any required item or component of the project is omitted from the Construction Documents, A/E shall not be responsible for paying the cost to add such item or Page 201 of 203 Exhibit A | Standard Conditions Page 7 of 8 component to the extent that such item or component and the cost of same would have been otherwise necessary to the project or otherwise add value or betterment to the project. 3.3 NOTICES All notices provided for in this Agreement shall be in writing. Any notices that are submitted by email exchanged between the parties’ authorized representatives may be effective upon proof of receipt and delivery records. Each of the parties agrees to reasonably confirm receipt of notices submitted by the other party. Otherwise, all notices provided for in this Agreement shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent by recognized overnight courier service to the parties at each of their respective representatives noted below, unless otherwise changed upon written notice: A/E: Chad Davis, ASLA, 4222 85th Street, Lubbock, TX, 806-473-2200, Cdavis@parkhill.com (Representative name, physical and mailing address, phone, and email) CLIENT: Chase Ellis, CPRP, CPO, Town of Trophy Club, 1 Trophy Wood Drive Trophy Club, Texas 76262, Cellis@trophyclub.org__________________________________________ (Representative name, physical and mailing address, phone, and email) 3.4 ELECTRONIC SIGNATURES In accordance with applicable law, including the applicable Uniform Electronic Transactions Act, CLIENT and A/E agree that electronic signatures (such as e-mail or electronically typed signatures) of the parties’ authorized representatives to this Agreement and Standard Conditions or to later consents or approvals associated herewith shall constitute the valid signature of the party for purposes of obtaining agreements, consents or other matters prescribed by the Agreement. END OF EXHIBIT Page 202 of 203 Town of Trophy Club Town of Trophy Club Parks and Recreation Master Plan EXHIBIT A Page 203 of 203