05.12.2025 TC Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
May 12, 2025 6:05 PM Council Chambers
CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM (immediately following
Special Meeting or 6:05 p.m., whichever is later)
WORK SESSION ITEM
1. Presentation and discussion of the Explore Trophy Club program and proposed programs
for hotel occupancy enhancement. (Jill Lind, Director of Communications & Marketing)
ADJOURN WORK SESSION
CALL REGULAR MEETING TO ORDER (immediately following Work Session or 7:00
p.m., whichever is later)
INVOCATION led by Pastor Joel Quilé, Bara Church
PLEDGES led by Council Member
Pledge of Allegiance to the American Flag
Pledge of Allegiance to the Texas Flag
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter pursuant to Texas
Government Code 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 is requested to
complete the Speaker’s Form prior to speaking or may email
mayorandcouncil@trophyclub.org
COMMUNITY SPOTLIGHT
2. Working for You... Trophy Club
a) Update from Town Council Members
b) Update from Town Manager (Brandon Wright, Town Manager)
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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.
3. Consider approval of the April 28, 2025, Town Council regular meeting minutes. (Tammy
Dixon, Town Secretary)
4. Consider authorizing the Town Manager to negotiate and execute an interlocal agreement
between Denton County and the Town of Trophy Club for the shared governance
communications & dispatch services system for Trophy Club Police and Fire. (Patrick
Arata, Police Chief and Jason Wise, Fire Chief)
5. Consider authorizing the Town Manager to negotiate and execute a contract change
order in the amount of $140,000 with Bureau Veritas North America, Inc. for a total not-to-
exceed amount of $184,200 for on-call third-party plan reviews, health inspections, and
building inspections. (Matt Cox, Director of Community Development)
INDIVIDUAL ITEMS
6. Consider authorizing the Town Manager to negotiate and execute a professional service
agreement with Teague Nall and Perkins, Inc. for a not-to-exceed amount of $686,000 for
survey, utility engineering, ROW acquisitions, civil engineering, bidding and construction
administration, grant coordination, and construction inspection services for the Bobcat
Traffic Improvements project. (Matt Cox, Director of Community Development)
7. Consider an ordinance amending the FY 2025 Budget to authorize a one-time transfer
from the General Fund balance to the Capital Replacement Fund for planned capital
expenditures through FY 2025–2030, in accordance with the Capital Replacement Fund
Plan and Financial Reserves Policy. (April Duvall, Director of Finance)
8. Consider the selection of a Mayor Pro Tem. (Brandon Wright, Town Manager)
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.
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CERTIFICATION
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall
for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general
public at all times on the following date and time: May 7, 2025, at 1:55 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.
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TOWN COUNCIL COMMUNICATION
MEETING DATE: May 12, 2025
FROM: Jill Lind, Director of Communications and Marketing
AGENDA ITEM: Presentation and discussion of the Explore Trophy Club program and
proposed programs for hotel occupancy enhancement. (Jill Lind, Director of
Communications & Marketing)
BACKGROUND/SUMMARY: In early 2023, the Town of Trophy Club launched the "Explore
Trophy Club" tourism initiative to increase regional visibility, support local businesses, and
enhance economic impact. The primary goal of the Explore Trophy Club program is to boost
local economic growth by attracting visitors and promoting overnight stays, in alignment with
Texas Tax Code Chapter 351, Section 351.101. The funding for these marketing efforts is
derived from the Town's hotel occupancy tax, ensuring that initiatives directly support tourism
and community economic development.
The campaign was designed and initially executed with the assistance of Octagon Media,
focusing on strategic planning, brand development, and outreach platforms. It aligned with the
Town’s Strategic Plan and helped lay the groundwork for a sustainable tourism marketing
program.
PHASE ONE: FOUNDATION AND LAUNCH (2023–2024)
The project began with foundational research and brand development. Octagon Media played
a key role in:
• Immersing in the local community
• Designing the Explore Trophy Club brand identity
• Developing and launching the website and social media platforms
This phase saw the rollout of paid advertising campaigns across Google and digital out-of-home
(DOOH) channels, alongside organic content on Instagram and Facebook. Campaign results
included:
• Over 2.4 million impressions
• Strong social media growth, including 931 Instagram followers
• Notable engagement on dining and event-related content
PHASE TWO: REFINEMENT AND STRATEGIC SHIFT (Q4 2024–Q1 2025)
Following a performance update to Town Council in Q3 2024, staff researched and engaged
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with stakeholders to reassess the program’s effectiveness. While visibility and awareness were
strong, stakeholders expressed the need for measurable, sales-driven outcomes, particularly
focused on increasing room bookings.
As a result:
• The contract with Octagon Media was sunsetted in Q1 2025.
• Advertising, design, and content strategy functions transitioned in-house for improved
cost efficiency and oversight.
• Social media channels serve as a tool for lead engagement.
• Website updates included removing the “Upcoming Happenings” section.
PHASE THREE: CURRENT POSITION AND FUTURE FOCUS (2025)
Today, Explore Trophy Club continues under the guidance of internal staff with an emphasis
on:
• Targeted, organic content emphasizing “Dine” and “Stay” categories
• Increased website traffic to the Visit Trophy Club landing page
• Suspension of DOOH ad placements
The Town is proposing to launch complementary programs, including a Tourism Incentive
Policy (TIP) and SH 114 Signage Partnership program, designed to further strengthen
partnerships with local hotels and drive tourism-related economic activity.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: Funding for this initiative comes from the Hotel Occupancy Tax (HOT), which
the Town of Trophy Club levies at a rate of seven percent (7%) on the cost of occupancy for any
sleeping room furnished by hotels within the Town. This tax is applicable only to stays shorter
than 30 days, as longer stays are exempt.
For FY 2024, the HOT revenue was $885,377 with $750,000 budgeted for fiscal year 2025.
These funds are earmarked specifically to support expenses that directly enhance and promote
tourism, as well as the convention and hotel industry in Trophy Club. This strategic use of HOT
revenues ensures that investments in marketing and promotional activities are both
sustainable and aligned with the Town’s economic objectives to boost tourism and related
business activities.
The Tourism Incentive Program (TIP) would provide financial reimbursements to Trophy Club
hotels to support tourism-focused efforts, increase room bookings, and drive economic activity
in Town. The program is anticipated to be funded annually through the Town’s budget and
administered by the Director of Communications & Marketing. The Town would anticipate
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spending no more than $100,000 annually on this program with potentially having up to
$20,000 in reimbursements made available to each of Trophy Club's five hotels.
Eligibility
• Available to hotels within Trophy Club that are current on their Hotel Occupancy Tax
payments.
• Requires participation in an annual Executive Tourism Meeting to qualify for
reimbursements.
Types of Reimbursements
1. Per-Room-Night Rebates
• Hotels may request reimbursement for discounted room rates offered to groups or
events.
• Example: A $30/night discount offered over 30 rooms = $900 reimbursable.
2. Special Marketing Incentives (Reimbursable costs may include):
• Group transportation (e.g., to/from event venues)
• Complimentary meals (e.g., team pizza party)
• Gift cards as booking incentives
• Staff travel for marketing/trade shows
• Promotional items for welcome kits
3. Wayfinding Signage
• Up to 75% reimbursement with a maximum of $5,000 per hotel per year for signage
along major roads in accordance with TXDOT guidelines.
Reimbursement Timeline
• Claims must be submitted during one of two fiscal windows:
o October 1 – March 31 → Deadline: April 15
o April 1 – September 30 → Deadline: October 15
• Unused funds are returned to Hotel Occupancy Tax Fund reserves at the end of the
fiscal year.
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LEGAL REVIEW: N/A
ATTACHMENTS:
1. Presentation
2. Draft Tourism Incentive Program Policy
ACTIONS/OPTIONS:
This workshop agenda item is being presented for informational and discussion purposes only.
No action will be taken by the Town Council during the workshop. Staff will continue
monitoring outcomes and community feedback and return with updates or recommendations
as the program develops.
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The Evolution of Explore
Trophy Club
Enhancing Visibility, Engagement, and Economic Impact
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TIMELINE:
•Q1 2023 -Council Approved
•Q2 2023 -Initiative begins
•Q2 & Q3 2023 –Research and
Development
•Q3 2023 –Website and Social Media
launch
•Q2 2024 –Paid Advertising launch
•Q3 2024 –Updated presented to Council
•Q4 2024 –Q1 2025 –Research and
strategy shift
•Q2 2025 –Contract sunsets and TC team
takes over
Explore Trophy Club: Vision & Timeline
26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22
Marketing and Advertising Planning
Account Service, Strategic Direction, Creative
Strategy, Concept Development, Asset
Development, Stewardship, Media Plan,
Cooperative Plan, Comprehensive Marketing Plan,
Travel/ Administration
Creative Services
Strategy, Research, Creative recommendations,
Creative campaign development, Production of
Assets, Project management, Website assistance,
Basic SEO
Media Buying and Purchase Coordination
Strategy, Research, Media planning, media buying,
Recommendations, Determation of Media Mix,
Evaluation of Media Opportunities, Negotiation,
Implementation , Management, Reporting
Advertising: Digital Media
Digital: Advanced SEO, Retarget Marketing, Keyword
Search, Display, Static and Video Ads
Email Marketing (one per month)
Earned Media and Partnerships (one story per
quarter)
Social Media Management (Organic)
15 posts per month. Includes research, concept,
content, tone, messaging, hashtag(s), design,
scheduling and analytics.
Promotional Items
Retractable banners with aluminum stand and
carrying case
Met rics
Campaign Analysis, Optimization, Post-buy
reporting and Deliverables
Monthly Budget
Quarterly Budget $ 5 ,333.34
January
GROSS TOTAL
$ 1 59,314.85
2nd Quarter - 2025
5,333.34$ 5,333.34$ 5,333.34$
$ 1 6,000.02
1st Quarter - 2025
October November December
5,333.34$ 5,333.34$ $ 5 ,333.34
$ 1 0,666.68
SeptemberJuly
4th Quarter - 2024
AugustOctoberSeptemberAugust
8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 9,981.43$ 8,000.00$ 8,000.00$ 8,000.00$
February June
8,000.00$
March NovemberApril December
$ 2 4,000.00
8,000.00$ 8,000.00$
1st Quarter - 2024
Primary Target: Adults 25-64
$ 2 4,000.00 $ 2 5,981.43 $ 2 4,000.00
2nd Quarter - 2023 3rd Quarter - 2023 4th Quarter - 2023
May JulyJanuary
2nd Quarter - 2024
January February March
5,333.34$ 5,333.34$ 5,333.34$
$ 1 6,000.02
3rd Quarter - 2024
April May June
$ 5 ,333.34
2023-2024 Marketing Plan - Actual
5,333.34$ 5,333.34$ 5,333.34$
$ 1 6,000.02
26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22
Marketing and Advertising Planning
Account Service, Strategic Direction, Creative
Strategy, Concept Development, Asset
Development, Stewardship, Media Plan,
Cooperative Plan, Comprehensive Marketing Plan,
Travel/ Administration
Creative Services
Strategy, Research, Creative recommendations,
Creative campaign development, Production of
Assets, Project management, Website assistance,
Basic SEO
Media Buying and Purchase Coordination
Strategy, Research, Media planning, media buying,
Recommendations, Determation of Media Mix,
Evaluation of Media Opportunities, Negotiation,
Implementation , Management, Reporting
Advertising: Digital Media
Digital: Advanced SEO, Retarget Marketing, Keyword
Search, Display, Static and Video Ads
Email Marketing (one per month)
Earned Media and Partnerships (one story per
quarter)
Social Media Management (Organic)
15 posts per month. Includes research, concept,
content, tone, messaging, hashtag(s), design,
scheduling and analytics.
Promotional Items
Retractable banners with aluminum stand and
carrying case
Metrics
Campaign Analysis, Optimization, Post-buy
reporting and Deliverables
Monthly Budget
Quarterly Budget $ 5 ,333.34
January
GROSS TOTAL
$ 1 59,314.85
2nd Quarter - 2025
5,333.34$ 5,333.34$ 5,333.34$
$ 1 6,000.02
1st Quarter - 2025
October November December
5,333.34$ 5,333.34$ $ 5 ,333.34
$ 1 0,666.68
SeptemberJuly
4th Quarter - 2024
AugustOctoberSeptemberAugust
8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 9,981.43$ 8,000.00$ 8,000.00$ 8,000.00$
February June
8,000.00$
March NovemberApril December
$ 2 4,000.00
8,000.00$ 8,000.00$
1st Quarter - 2024
Primary Target: Adults 25-64
$ 2 4,000.00 $ 2 5,981.43 $ 2 4,000.00
2nd Quarter - 2023 3rd Quarter - 2023 4th Quarter - 2023
May JulyJanuary
2nd Quarter - 2024
January February March
5,333.34$ 5,333.34$ 5,333.34$
$ 1 6,000.02
3rd Quarter - 2024
April May June
$ 5 ,333.34
2023-2024 Marketing Plan - Actual
5,333.34$ 5,333.34$ 5,333.34$
$ 1 6,000.02
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INTERNAL:
•Focused on foundational
research, brand identity, and
digital assets.
•Partnership with Octagon
Media for:
•Community immersion & design.
•Website and brand development.
•Launch of initial platforms:
Website, Social Media, Brand
Identity
Explore Trophy Club: Where We Started
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Explore Trophy Club: What We Have Done
EXTERNAL:
•Paid digital advertising (Google
Ads, DOOH).
•Social media platforms
(Instagram & Facebook).
•Key Metrics from Campaign:
•2.4M+ impressions.
•CTR & CPC within industry standards.
•Notable social media
performance:
•Instagram: 931 followers, 34.7K reach.
•Facebook: Top-performing content
focused on dining & events
Social Media Channels Digital Advertising
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Explore Trophy Club: Where Are We Going?
NEXT PHASE OF EVOLUTION:
•Aligned more tightly with Strategic Plan: business
support & visibility.
•Transition executed in early 2025:
• Sunset Octagon Media contract.
• Brought ad placement and design in-house for cost
efficiency.
•Re-coordinated social platforms:
• Paused Facebook page - now it is back
• Focused primary efforts on Instagram.
•Streamlined the website:
• Removed “Upcoming Happenings.”
• Embedded Instagram feed.
• Highlight rotating images of local businesses.
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Explore Trophy Club: Listening & Pivoting to Meet
Real Needs
•Original goal: Promote regional visibility and support
local businesses.
•Feedback from hoteliers: Appreciation for visibility—
but need direct, measurable support.
•Insight: Awareness is valuable, but room bookings are
the real priority.
•Result: Time to pivot toward more tangible, sales-
driven efforts.
REFOCUSING BASED ON FEEDBACK:
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Tourism Incentive Policy (TIP)SH 114 Signage Partnerships
Explore Trophy Club: Where Are We Going?
NEXT PHASE OF EVOLUTION (CONT).
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social media | email | website
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DRAFT
TOWN OF TROPHY CLUB
TOURISM INCENTIVE PROGRAM (TIP) FUNDS
PURPOSE
Managed by the Town of Trophy Club, the Tourism Incentive Program (TIP) is designed to provide Trophy Club
hoteliers with funding that can be used for marketing and incentives offered to secure room reservations and host
meetings and events that ultimately increase tourism and generate a positive economic impact for Trophy Club.
All hotels located within the town limits of Trophy Club, that are current on their Hotel Occupancy Tax payments, are
eligible to request funds from this allocation. This allocation is used to reimburse hotels for room rebates, special
marketing initiatives, and a portion of the cost of wayfinding signage.
MAXIMUM ANNUAL REIMBURSEMENT ALLOCATION PER HOTEL
Maximum annual reimbursement allocations are subject to change each year. Hotels are invited to participate in the
program using the following procedures:
1. Each year, as part of the annual Town budget, the Trophy Club Town Council allocates an amount of Tourism
funding, intended for hotel incentive reimbursements.
2. The Town of Trophy Club Finance Department will review the tax payment status of each hotel and provide
the information to the designated Tourism Program Coordinator.
3. Trophy Club’s Director of Communications & Marketing notifies each Trophy Club hotel of its maximum annual
reimbursement allocation and its eligibility to participate in the fiscal year’s program and invites them to make
an application for reimbursement.
4. A hotel representative must attend an annual Executive Tourism Meeting to continue receiving reimbursement
funds.
5. Any unused reimbursement funds are relinquished to the Hotel Occupancy Tax Fund Balance at the end of the
fiscal year.
PER-ROOM-NIGHT REBATES
Trophy Club hotels that are current with their Hotel Occupancy Tax payments can request reimbursement of per-room-
night rebates or discounts offered for town-partnered programs, family reunions, business travelers, or other
organizations as an incentive for groups to reserve blocks of rooms. The amount eligible for reimbursement is the
difference between the regular per-room-per-night rate and any special or discounted rate that is offered to a group
based on the actual number of room nights rented at the discounted rate.
Example: The advertised rate for ABC Hotel is $109.95 per-room-per-night. Hotel ABC offers a special rate of
$79.95 per-room-per-night to the Tritons Swim Team, coming to Trophy Club for a competition at the Trophy
Club Community Pool Complex. The swim team needs 15 rooms for two nights at the $79.95 rate per-room-
per-night. The hotel is discounting their rate by $30 per-room-per-night. Through this agreement, the hotel can
request reimbursement for the $30 discount for 30 room nights or $900 by completing the Trophy Club
Tourism Hotel Incentive Rebate Form (Exhibit A) attached and submitting it to the Director of Communications
& Marketing.
SPECIAL MARKETING INCENTIVES
Communications & Marketing
1 Trophy Wood Drive
Trophy Club, TX 76262
682-237-2987
www.trophyclub.org
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DRAFT
Trophy Club hotels can also request reimbursement for the costs of special marketing activities or items provided as
an incentive for Town-partnered programs, family reunions, and other groups to stay at Trophy Club hotels. Examples
of reimbursable costs include:
• Chartering transportation for a group from the hotel to a specific destination.
• Providing complimentary group meals, such as a pizza party for sports teams.
• Offering restaurant gift cards to event coordinators or team coaches as an incentive for booking rooms.
• Travel expenses for hotel staff to attend trade shows for marketing purposes.
• Purchasing promotional items, such as branded tote bags or insulated cups, to include in welcome kits for
event attendees.
WAYFINDING SIGN COST REIMBURSEMENT
Hotels that are current with Hotel Occupancy Tax payments are eligible to request a 75% reimbursement for the cost
of wayfinding signage with a maximum amount of $5,000 annually. These are directional signs on major roadways in
accordance with TXDOT signage programs that display hotel or restaurant logos at key intersections.
REIMBURSEMENT REQUEST PROCEDURES
1. Expenses incurred during the Town’s fiscal year (October 1 through September 30) will be reimbursed during
that same fiscal year. All requests for reimbursement must be submitted to the Town of Trophy Club Director
of Communication & Marketing by April 15th or October 15th in the fiscal year following the year for which the
rebate or reimbursement is requested.
2. The Town of Trophy Club Finance Department will verify that hotel tax payments are up-to-date for all hotels
requesting incentive or room discount reimbursements. Requests will be denied for any hotel deemed
delinquent.
3. A hotel may request reimbursements incurred throughout the fiscal year during the following periods:
• October 1 – March 31: Last day to submit is April 15th.
• April 1 – September 30: Last day to submit is October 15th.
4. At the end of the fiscal year, unused reimbursement funds will be relinquished to the Hotel Occupancy Tax
Fund Balance. Annual funding for this program is not committed or obligated to any hotel participating in these
programs beyond that portion of funding approved for rebate or reimbursement as specified herein within the
periods identified for that fiscal year.
5. A hotel may request reimbursement for per-room-night rebates, special marketing incentives, or wayfinding
signs by completing the Trophy Club Tourism Hotel Incentive Rebate Form in Exhibit A and including backup
documentation on actual room charges/rebates.
6. Completed forms and documentation must be submitted to the Director of Communications & Marketing at
Town of Trophy Club, 1 Trophy Wood Drive, Trophy Club, TX 76262.
7. Participants in the Trophy Club Tourism Incentive Program agree to provide documentation as requested
and/or required by staff to appropriately review, validate, and/or approve rebate and/or reimbursement
amounts.
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DRAFT
EXHIBIT A
Town of Trophy Club
Hotel Incentive Reimbursement Request Form
Hotel Name________________________________________________________________
Primary Hotel Contact________________________________________________________
Hotel Phone Number_________________________________________________________
Reimbursement Remittance Address____________________________________________
----------------------------------------------------------------------------------------------------------------------------
Special Event Name__________________________________________________________
Special Event Date, Description_________________________________________________
ROOM DISCOUNT TABULATION
ROOM
TYPE
REGULAR
RATE
DISCOUNTED
RATE
DISCOUNT
PER
ROOM
MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY TOTAL
REIMB
REQUEST
King
Double
Suite
Totals
MM/DD/YY – Total room number per night, per bed type
SPECIAL INCENTIVE TABULATION
INCENTIVE ITEM DESCRIPTION
AMOUNT TOTAL REIMBURSEMENT REQUEST
_________________________ ________________________
Hotel Authorized Signature Approved By
_________________________ ________________________
Title Title
_________________________ ________________________
Date Date
Communications & Marketing
1 Trophy Wood Drive
Trophy Club, TX 76262
682-237-2987
www.trophyclub.org
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TOWN COUNCIL COMMUNICATION
MEETING DATE: May 12, 2025
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the April 28, 2025, Town Council regular meeting
minutes. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held a regular meeting on April 28, 2025.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 04.28.2025 TC meeting minutes
ACTIONS/OPTIONS:
Move to approve the April 28, 2025, Town Council regular meeting minutes.
Page 19 of 109
Town of Trophy Club Town Council
Meeting Minutes - April 28, 2025, 6:00 p.m.
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
COUNCIL MEMBERS ABSENT
Council Member Place 5 (Vacant)
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Chief of Police
Matt Cox, Director of Community Development
Chase Ellis, Director of Parks and Recreation
Jill Lind, Director of Communications and Marketing
April Duvall, Director of Finance
Denise Deprato, Director of Human Resources
Tamara Smith, Assistant to the Town Manager
WORK SESSOIN ITEM
Mayor Tiffany opened the floor for public comment.
Sara Miniatas, 248 Oak Hill Drive, spoke about traffic and parking issues caused
by the former assisted living facility across from her home.
Joan Robbins, 336 Village Trail, spoke about her concerns with group homes.
1. Presentation and discussion on potential ordinance improvements for regulating
and permitting senior group homes and boarding homes. (Tamara Smith, Assistant
to the Town Manager)
Assistant to the Town Manager Tamara Smith presented an overview of
recommended updates regarding boarding homes and group homes, tied to Council’s
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Town Council Meeting Minutes – April 28, 2025 Page 2
2025 Business Goal #5. Smith emphasized the need to proactively regulate these
facilities before issues arise, noting the alignment with the Town’s strategic plan.
Key points included:
• Definitions: Clarifications of assisted living facilities (ALFs), community
homes, group homes, and convalescent homes based on state laws.
• Current Issues: Zoning challenges exist because ALFs are currently only
permitted in the Neighborhood Services District, not in residential areas.
• Proposed Solutions: Recommendations included amending zoning
ordinances to permit ALFs in residential areas with safeguards, adding
registration and annual inspection requirements, and updating the
Certificate of Occupancy (CO) process.
• Reasonable Accommodation: Federal and state laws require towns to allow
certain facilities in residential areas through a reasonable accommodation
process, particularly for individuals with disabilities.
• Compliance and Enforcement: The Town would require registration,
conduct inspections, and report non-compliance to the state; however, it
cannot unilaterally shut down facilities.
• Ordinance Updates: Proposed ordinance changes would align local
definitions with state law, establish registration and inspection fees, regulate
occupancy limits, and define an appeal process for reasonable
accommodation requests (likely through the Zoning Board of Adjustment).
Council directed staff to:
• Explore regulating on-street parking near assisted living facilities (ALFs).
• Determine whether a Certificate of Occupancy was issued for the Oak Hill
ALF and revoke it if appropriate.
• Investigate the feasibility of requiring criminal background checks for
residents of ALFs and group homes.
Staff will continue developing draft ordinances and policies, including inspection
procedures and fee schedules, and will present the proposed changes to the Planning &
Zoning Commission and the Zoning Board of Adjustment. Community outreach will follow
to gather public input before final ordinance adoption by the Town Council.
ADJOURN WORK SESSION
Mayor Tiffany adjourned the work session at 6:47 p.m.
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Town Council Meeting Minutes – April 28, 2025 Page 3
CALL REGULAR MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:00 p.m.
INVOCATION
Chaplain David Impwi delivered the invocation.
PLEDGES
Council Member Rowe led the Pledge of Allegiance to the American and Texas
Flags.
PUBLIC COMMENTS
There were none.
COMMUNITY SPOTLIGHT
2. Proclamation - National Day of Prayer
Mayor Tiffany read aloud the proclamation and presented it to Irma Thomas,
National Day of Prayer Task Force Coordinator.
3. Proclamation - Public Employee Recognition Week
Councilmember Beach read aloud the proclamation and presented it to Town
Manager Wright on behalf of the Town employees.
4. Working for You... Trophy Club
a) Update from Town Council Members
Mayor Tiffany acknowledged resident, and Parks and Recreation Board member,
being featured in Trophy Club Neighbors.
b) Update from Town Manager
Town Manager Wright provided several updates, beginning with the 74th Annual
National Day of Prayer observance scheduled for May 1, 2025, with events at 12:00 p.m.
at the Church at Trophy Lake and at 7:00 p.m. at Fellowship Methodist Church.
He reminded residents that Early Voting for the May 3, 2025, General Election for
Places 2 and 5 will conclude on Tuesday, April 29, 2025, with Election Day voting taking
place from 7:00 a.m. to 7:00 p.m. Voting locations are available on the Town’s websit e.
He also announced the following events and meetings:
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• Clean-Up event, Saturday, May 3, 2025, from 8:00 a.m. to 12:00 p.m. in the west
parking lot of Byron Nelson High School.
• TCMUD No. 1 50th Anniversary Celebration, Saturday, May 10, 2025, at 9:00 a.m.
near the playground at Independence Park West, featuring a tree and bench
dedication
• Touch a Truck event, Saturday, May 10, 2025, from 10:00 a.m. to 12:00 p.m. at
Independence Park East, with a sensory-friendly portion from 9:30 a.m. to 10:00
a.m.
• May 8, 6:00 p.m., Zoning Board of Adjustment
• May 8, 6:30 p.m., Arts Council
c) Quick Civic Tip
Town Attorney Roggia provided a brief overview of the Crime Control and
Prevention District, explaining that it is established under Texas Local Government Code
Chapter 363 and funded by a quarter-cent of local sales tax. He noted that eligible uses
for district funds are listed in Section 363.151 and encouraged the public to review the full
list if interested.
CONSENT AGENDA
5. Consider approval of the April 14, 2025, Town Council regular meeting minutes.
6. TUP-25-001 (PD-28 Construction Trailer) Consider a resolution approving a
Temporary Use Permit to allow a construction trailer on NISD High School No. 2,
Lot 1, Block 1 property, generally located at 2775 Bobcat Blvd, Trophy Club,
Denton County, Texas. (Matt Cox, Director of Community Development) The
caption of the resolution reads as follows:
RESOLUTION NO. 2025-08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB
APPROVING A TEMPORARY USE PERMIT FOR NORTHSTAR BUILDING GROUP,
TO PLACE A CONSTRUCTION OFFICE TRAILER ON THE PD-28 NISD HIGH
SCHOOL NO. 2, LOT 1, BLOCK 1 PROPERTY, GENERALLY LOCATED
APPROXIMATELY 600 FEET NORTH OF BOBCAT BLVD, AND PROVIDING FOR
CONDITIONS OF APPROVAL.
7. Consider authorizing the Town Manager to negotiate and execute a one -year
service contract with 4 one-year renewal options with Municipal Mosquito for an
annual amount not-to-exceed $45,000 for mosquito management services. (Matt
Cox, Director of Community Development)
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Town Council Meeting Minutes – April 28, 2025 Page 5
8. Consider an ordinance amending the FY 2025 Budget, allocating funds for the
Police, Fire, and Community Development Departments as well as Trophy Club
Park and Crime Control & Prevention District Fund, and establishing an effective
date. (April Duvall, Director of Finance) The caption of the ordinance reads as
follows:
ORDINANCE NO. 2025-13
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, AMENDING THE TOWN’S ANNUAL BUDGET FOR THE FISCAL YEAR
BEGINNING ON OCTOBER 1, 2024, AND ENDING ON SEPTEMBER 30, 2025, AS
ADOPTED BY ORDINANCE NO. 2024-21, BY PROVIDING FOR ADJUSTMENTS TO
THE GENERAL FUND; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR
SHALL BE MADE IN ACCORDANCE WITH THE ANNUAL BUDGET, AS AMENDED;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Council Member Beach moved to approve Consent Items 5-8. Council Member
Bauer seconded the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Flynn
NAYES: None
VOTE: 6-0
INDIVIDUAL ITEMS
9. Case SUP-25-002 (Rosati's Pizza Restaurant) Conduct a public hearing and
consider an ordinance approving a specific use permit request by Synergy Capital
Ventures LLC, on behalf of Rosati's Pizza Restaurant for alcohol beverage sales
on-premises consumption in conjunction with restaurant use located at 2210 SH
114, #250, Trophy Club, Denton County, Texas. (Matt Cox, Director of Community
Development)
i. Conduct Public Hearing
Mayor Tiffany opened the public hearing at 7:19 p.m.
Director Matt Cox provided a summary of the request.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 7:20 p.m.
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Town Council Meeting Minutes – April 28, 2025 Page 6
ii. Consider Ordinance Approval
Council Member Rowe moved to approve Ordinance No. 2025-14 approving a
specific use permit request by Synergy Capital Ventures LLC, on behalf of Rosati's Pizza
Restaurant for alcohol beverage sales on -premises consumption in conjunction with
restaurant use located at 2210 SH 114, #250, Trophy Club, Denton County, Texas .
Council Member Beach seconded the motion. The caption of the ordinance reads as
follows:
ORDINANCE NO. 2025-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A
SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISES
CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE OPERATED BY
ROSATI’S PIZZA RESTAURANT, 2210 E SH 114 #250 OF TC TOWN CENTER, WITHIN
PD PLANNED DEVELOPMENT NO. 30; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Flynn
NAYES: None
VOTE: 6-0
10. PD-AMD-25-001 (BNHS PD-28 Amendment) Conduct a public hearing and
consider amending Ordinance No. 2018-26 P&Z, Planned Development District
No. 28, to provide a site plan package, including development regulations to
accommodate the proposed building additions at Byron Nelson High School,
located at 2775 Bobcat Boulevard, within the Northwest Independent School
District boundaries, on a property containing approximately 93 acres of land and
generally located northeast of the intersection of Bobcat Boulevard and Marshall
Creek Road, within Trophy Club’s town limits, Trophy Club, Denton County, Texas.
(Matt Cox, Director of Community Development)
i. Conduct Public Hearing
Mayor Tiffany opened the public hearing at 7:22 p.m.
Director Matt Cox provided a summary of the request.
Dan Holt from Glenn Partners presented the proposed improvements, which
include the construction of a new football stadium, expansions to the Performing Arts
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Town Council Meeting Minutes – April 28, 2025 Page 7
Center and arena, additional parking areas (including golf cart parking), lighting upgrades,
and other site enhancements.
No one spoke in favor or opposition.
Mayor Tiffany closed the public hearing at 7:33 p.m.
ii. Consider Ordinance Approval
Council members asked questions related to traffic flow, parking, pedestrian
safety, crosswalk access from off-site parking, and the anticipated impact on Town
resources and staffing during events.
Town staff clarified that traffic management responsibilities outside of the stadium
fall to the Town and that additional police and crossing guard staffing would likely be
required during major events. The Council discussed the importance of finalizing
pedestrian connections, particularly from the Medland parking area, and ensuring long-
term coordination with the district.
Council Member Rowe moved to approve Ordinance No. 2025-15 amending
Ordinance No. 2018-26 P&Z, Planned Development District No. 28, to provide a site plan
package, including development regulations to accommodate the proposed building
additions at Byron Nelson High School, located at 2775 Bobcat Boulevard. Council
Member Bauer seconded the motion. The caption of the ordinance reads as follows:
ORDINANCE NO. 2025-15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ORDINANCE NO. 2018-26 P&Z, THE SAME BEING AN ORDINANCE AMENDING
ORDINANCE NUMBERS 2018-13 P&Z, 2007- 22 P&Z, AND 2007-11 P&Z, KNOWN AS
PD PLANNED DEVELOPMENT DISTRICT NO. 28, AND PLATTED AS NORTHWEST
HIGH SCHOOL NO. 2, LOTS 1 AND 2, BLOCK 1, AND LOTS 1 AND 2, BLOCK 2,
ADDRESSED AS 2775 BOBCAT BOULEVARD, BY ADOPTING A SITE PLAN
PACKAGE FOR BUILDING EXPANSIONS TO THE CAFETERIA, AGRICULTURE-
SHOP, ARENA, STADIUM, AND PARKING AREAS AND DEVELOPMENT
STANDARD AMENDMENTS FOR LIGHTING HEIGHT, ON-SITE PARKING AND AN
EXCEPTION TO COMMERCIAL ELECTRONIC VARIABLE MESSAGE S IGNAGE AT
THE BYRON NELSON HIGH SCHOOL, BY PROVIDING EXHIBITS “A” THROUGH “E-
1” ZONING/OVERALL SITE PLAN EXHIBIT, DEVELOPMENT STANDARDS,
ELEVATIONS (BUILDING EXPANSIONS, SIGNAGE, SECURITY FENCE, BUILDING
MATERIALS), LANDSCAPE PLAN, PHOTOMETRIC PLAN; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
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VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Flynn
NAYES: None
VOTE: 6-0
11. Consider an ordinance approving and authorizing the issuance and sale of Trophy
Club Public Improvement District No. 1 special assessment revenue refunding
bonds, Series 2025 in the aggregate not -to-exceed principal amount of
$17,000,000; approving and authorizing an indenture of trust, a bond purchase
contract, an official statement, a continuing disclosure agreement, a deposit
agreement and other agreements and documents in connection therewith; making
findings with respect to the issuance of such bonds; and providing an effective
date. (April Duvall, Director of Finance)
Mark McLiney of SAMCO Capital Markets, the Town’s financial advisor, presented
the proposed issuance and sale of Trophy Club Public Improvement District (PID) No. 1
Special Assessment Revenue Refunding Bonds, Series 2025, in an amount not to exceed
$17 million. The refunding is structured to shorten the bond term by one year while
providing annual savings. As of the meeting, projected savings totaled approximately
$4.15 million, with potential for additional benefit depending on market conditions.
Mr. McLiney explained that, pending Council approval, the bonds would be priced
the following morning to meet the June 1 call date. He noted recent volatility in the bond
market but confirmed that current conditions now support the Town’s minimum savings
target.
Council Member Sheridan moved to approve Ordinance No. 2025-16 approving
and authorizing the issuance and sale of Trophy Club Public Improvement District No. 1
special assessment revenue refunding bonds, Series 2025 in the aggregate not -to-
exceed principal amount of $17,000,000; approving and authorizing an indenture of trust,
a bond purchase contract, an official statement, a continuing disclosure agreement, a
deposit agreement and other agreements and documents in connection therewith;
making findings with respect to the issuance of such bonds; and providing an effec tive
date. Mayor Pro Tem Flynn seconded the motion. The caption of the ordinance reads
as follows:
ORDINANCE NO. 2025-16
AN ORDINANCE APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 SPECIAL ASSESSMENT
REVENUE REFUNDING BONDS, SERIES 2025 (TOWN OF TROPHY CLUB, TEXAS)
IN THE AGGREGATE NOT TO EXCEED PRINCIPAL AMOUNT OF $17,000,00 0;
APPROVING AND AUTHORIZING AN INDENTURE OF TRUST, A BOND PURCHASE
CONTRACT, AN OFFICIAL STATEMENT, A CONTINUING DISCLOSURE
AGREEMENT, A DEPOSIT AGREEMENT AND OTHER AGREEMENTS AND
DOCUMENTS IN CONNECTION THEREWITH; MAKING FINDINGS WITH RESPECT
TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE
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VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Flynn
NAYES: None
VOTE: 6-0
ADJOURNMENT
Mayor Tiffany adjourned the work session at 7:45 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 28 of 109
TOWN COUNCIL COMMUNICATION
MEETING DATE: May 12, 2025
FROM: Patrick Arata, Chief of Police
Jason Wise, Fire Chief
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute an
interlocal agreement between Denton County and the Town of Trophy Club
for the shared governance communications & dispatch services system for
Trophy Club Police and Fire. (Patrick Arata, Police Chief and Jason Wise, Fire
Chief)
BACKGROUND/SUMMARY: The Town of Trophy Club is entering into an interlocal agreement
with Denton County for 911 communications and dispatch services for FY 2026. This agreement
allows the Trophy Club Police and Fire Departments to utilize the Denton County Sheriff’s
Office Communications Center as part of a shared governance model.
The annual service fee for Trophy Club is calculated based on the Town’s percentage of
workload, including calls for service (CFS) and officer initiated activity (OIA). For Fiscal Year
2025–2026, the total cost to the Town is $58,374.62, broken down as follows:
• Police Department: $48,466.79
• Fire Department: $9,907.83
The Town may choose among several payment plan options, including annual, bi-annual,
quarterly, or monthly payments. Termination of the agreement requires a 90-day notice by
either party. The agreement also includes provisions for participation in an Advisory Board,
adherence to communications standards, and maintenance responsibilities by the Town for its
own equipment. The term of the interlocal agreement runs from October 1, 2025 through
September 30, 2026.
The County's responsibility is to provide twenty-four (24) hours a day, seven (7) days a week
public safety answering point, radio services, dispatching services, and law enforcement
transmission originating from the Town. The County is also responsible for updating,
maintaining, and managing the County-owned radio communications system, computer
systems, support files, and resource materials necessary to accomplish the services provided.
The County will provide access to local, regional, state, and national databases and
telecommunications systems.
This partnership continues to support the Town's commitment to public safety by ensuring
reliable and professional emergency communications services.
Page 29 of 109
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The annual service fee for Trophy Club is calculated based on the Town’s
percentage of workload, including calls for service (CFS) and officer-initiated activity (OIA). For
FY 2026, the total cost to the Town is $58,374.62, which represents a 2.7% increase over the
current fiscal year.
• Police Department: $48,466.79
• Fire Department: $9,907.83
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and
legality.
ATTACHMENTS:
1. Trophy Club PD - FD Dispatch Contract FY25-26
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to negotiate
and execute an interlocal agreement between Denton County and the Town of Trophy Club for
the shared governance communications & dispatch services system for Trophy Club Police and
Fire.
Page 30 of 109
Interlocal Cooperation Agreement for
Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments
2025-26
Page 1
STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR
SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM
This Interlocal Cooperation Agreement for Shared Governance Communications and Dispatch Services
System, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision
of the State of Texas, hereinafter referred to as the “County”, and
Name of Agency: Town of Trophy Club Fire & Police Departments
hereinafter referred to as “Agency”.
WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in
the administration of county government and related services for the benefit of the citizens of Denton
County, Texas; and
WHEREAS, the Agency is duly organized and operating under the laws of the State of Texas
engaged in the provision of municipal government and/or related services for the benefit of the citizens of
Agency; and
WHEREAS, parties agree that the utilization of combined communications and dispatch services
system will be in the best interests of both the County and the Agency,
WHEREAS, the County and the Agency mutually desire to be subject to the provisions of the
Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and
NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated,
agree and understand as follows:
1. PURPOSE. The Denton County Sheriff (“Sheriff”) has the facilities to provide emergency
telecommunications and dispatch services throughout Denton County. The Agency wishes to utilize the
Sheriff’s available telecommunications and dispatch services (“Services”) during the term of this
agreement.
2. ADVISORY BOARD. The Denton County Sheriff’s Office will establish an Advisory
Board for the Shared Governance Communication and Dispatch System “Advisory Board”. The
membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise
and make recommendations to the Sheriff and the Sheriff’s Office on matters relating to the
Communications Center, as well as the recommendations for the Annual Agency Workload and Cost
Statistics, within the limitations set forth in paragraph 6.1, herein.
3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one-year period
beginning October 1, 2025 and ending on September 30, 2026.
4. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with
or without cause, after providing ninety (90) days written notice to the other party.
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Page 2
5. ANNUAL SERVICE FEE. Each Agency shall pay to the County a fee for services based
on the workload generated by the Agency.
5.1. Agency shall pay to County the Total Amount on Exhibit “A”.
5.2. The Agency shall complete Exhibit “A”, Agency Payment Worksheet, to identify
the payment terms preferred by Agency. Agency is responsible for sending
payments to County
5.3. The fee for service will be based on the pro rata share of the workload generated
by the Agency.
5.4. County agrees to provide Agency a proposed service fees for the next budget/fiscal
year as agreed by the parties.
5.5 If this Agreement is terminated prior to the expiration of the term of the
Agreement, payment shall be pro-rated by written agreement between the parties.
5.6 Dispatch costs for the upcoming fiscal year are calculated utilizing 50% of the
approved Communications Budget for the current fiscal year and agency
workload statistics from the previous fiscal year.
Agency workload percentages are calculated by:
5.6.1. Determining the agency’s percentage of total Calls For Service (CFS)
5.6.2 Determining the agency’s percentage of total Officer Initiated Activity
(OIA)
5.6.3 Averaging the values from # 5.6.1 & # 5.6.2
5.6.4 Determining the percentage of OIA that is Mobile Data Computer
(MDC) activity
5.6.5 Determining agency OIA that is not MDC Activity
5.6.6 Determining adjusted percentage of OIA that is MDC activity by
dividing value of # 5.6.5 by total OIA
5.6.7 Determining agency CFS that are public requests by subtracting agency
assists or mutual aid calls from the agency’s CFS
5.6.8 Determining adjusted percentage of total CFS that are public requests by
dividing value of # 5.6.7 by total CFS
5.6.9 Determining agency workload percentage by calculating average of
# 5.6.6 and # 5.6.8
5.6.10 Determining agency final cost by workload by multiplying value of
# 5.6.9 against 50% of the approved Communications budget
6. COUNTY SERVICES AND RESPONSIBILITIES. The County agrees to provide the
following services and responsibilities:
6.1 The Sheriff shall have the sole discretion as to the method of providing the Services
including, but not limited to the order of response to calls, and shall be the sole judge as to the most
expeditious and effective manner of handling and responding to calls for service or the rendering thereof.
The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload
and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and
obligations set forth herein.
6.2 County shall furnish full-time communications services including a twenty-four
(24) hours a day, seven (7) days a week public safety answering point, radio services, dispatching services,
or law enforcement transmission originating from AGENCY requesting law enforcement and fire
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2025-26
Page 3
protection services and access to local, regional, state, and national data bases and telecommunications
systems.
6.3 The services provided by County include the following:
6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety answering
point;
6.3.2. receiving emergency and routine calls for law enforcement, fire, and medical
services;
6.3.3 directing a response to said calls by dispatching the appropriate law
enforcement, fire, and medical services;
6.3.4. providing on-going communication support to the emergency personnel in the
field; and
6.3.5 updating, maintaining, and managing the County owned radio
communications system, computer systems, support files, and resource
materials necessary to accomplish the above.
6.4 County may add new Agencies not currently served by Denton County at the
discretion of Denton County and the Denton County Sheriff’s Office.
7. AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities:
7.1 Providing accurate current GIS data of the corporate limits and extraterritorial
jurisdiction of the Agency.
7.2 Furnish County with a current list of all Officers and Reserves authorized by
Agency to use the communications system.
7.3 Agency is responsible for the costs and upgrades associated with maintaining
Agency’s communication equipment.
7.4 Agency agrees to abide by all laws of the United States and the State of Texas and
all present or hereafter approved rules, policies and procedures of TLETS, NLETS,
TCIC, NCIC and any other system now or in the future associated with TLETS
concerning the collection, storage, processing, retrieval, dissemination and
exchange of information for criminal justice purposes
7.5 Adherence to all Sheriff’s Office communications rules and regulations.
7.6 Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit
“B”.
7.7 Appoint representative and agree to participate in the Advisory Board.
7.8 Agency is responsible for sending payments to County as more fully described in
Exhibit “A” to this Agreement.
8. AGREEMENT. The parties acknowledge they have read and understand and intend to be
bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding
between the parties concerning the subject matter hereof. No prior understandings, whether verbal or
written, between the parties or their agents are enforceable unless included in writing in this agreement.
This Agreement may be amended only by written instrument signed by both parties.
9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure
the performance of all duties and obligations of the parties. The Liaison for each party shall devote
sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance
with the terms and conditions of this Agreement.
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2025-26
Page 4
10. ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its rights,
burdens, duties, or obligations under this Agreement without the prior written permission of the other party to
this Agreement.
11. AGENCY LIABILITY. The Agency understands and agrees that the Agency, its
employees, servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor
defend County for any liability arising out of the wrongful acts of employees or agents of County to the
extent allowed by Texas law.
12. COUNTY LIABILITY. The County understands and agrees that the County, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents,
and/or representatives of the Agency. The County shall not be required to indemnify nor defend Agency
for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by
Texas law.
13. DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that
may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons
for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or
agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the
mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to
dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and
duty to pay or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts
involving damages or claimed remedies outside the scope of sufficiency of performance and compensation
adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas.
14. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following
Exhibits, which are hereby incorporated by reference.
Exhibit A Agency Payment Worksheet
Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION
SYSTEM (TLETS) NON - TWENTY-FOUR HOUR
TERMINAL AGENCY AGREEMENT
15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts, each of which shall be deemed an original for all purposes.
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Page 5
16. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class
Mail or by other reliable courier to the parties at the following addresses:
County: 1 Denton County Judge
Denton County Commissioners Court
1 Courthouse Drive, Ste 3100
Denton, Texas 76208
2 Denton County Sheriff
Denton County Sheriff’s Office
127 N. Woodrow Lane
Denton, Texas 76205
3 Assistant District Attorney
Counsel to the Sheriff
127 N. Woodrow Lane
Denton, Texas 76205
Name of Agency: Town of Trophy Club Fire & Police Departments
Contact Person Mayor Jeanette Tiffany
Address 1 Trophy Wood Dr.
City, State, Zip Trophy Club, TX 76262
Telephone 682-237-2900
Email jtiffany@trophyclub.org
17. SEVERABILITY. The validity of this Agreement and/or any of its terms or provisions, as
well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas.
Further, this Agreement shall be performed and all compensation payable in Denton County, Texas. In the
event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full force and effect to the extent possible.
18. THIRD PARTY. This Agreement is made for the express purpose of providing
communications and dispatch services, which both parties recognize to be a governmental function. Except
as provided in this Agreement, neither party assumes any liability beyond that provided by law. This
Agreement is not intended to create any liability for the benefit of third parties.
19. VENUE. This agreement will be governed and construed according to the laws of the State
of Texas. This agreement shall be performed in Denton County, Texas.
20. WAIVER. The failure of County or Agency to insist upon the performance of any term or
provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach
of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to
any extent of either party’s right to assert or rely upon any such term or right, or future breach of such
provision, on any future occasion.
21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and
perform this Agreement. The persons executing this Agreement represent they have been properly
authorized to sign on behalf of their governmental entity.
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Page 6
22. CURRENT FUNDS. All payments made by Agency to County pursuant to this Agreement
shall be from current revenues available to Agency.
23. DISPATCH & COMMUNICATION RECORDS. The parties acknowledge that the
Denton County Sheriff’s Office may release dispatch and communication records of Agency pursuant to
the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to
Agency.
DENTON COUNTY, TEXAS AGENCY
________________________________________
______________________________________
Andy Eads, County Judge
Denton County Commissioners Court
1 Courthouse Drive, Ste 3100
Denton, Texas 76208
(940)349-2820
Jeannette Tiffany, Mayor
Town of Trophy Club
1 Trophy Wood Dr.
Trophy Club, TX 76262
682-237-2900
EXECUTED duplicate originals on this
Date:________________________
EXECUTED duplicate originals on this
Date:___________________________
Approved as to content:
_____________________________
Denton County Sheriff’s Office
Approved as to content:
_____________________________
Jason Wise, Fire Chief
_____________________________
Patrick Arata, Police Chief
Approved as to form:
_____________________________
Assistant District Attorney
Counsel to the Sheriff
Approved as to form:
_______________________________
Attorney for Agency
6828314653
Page 36 of 109
Agency:Town of Trophy Club Fire and Police Departments
Payment Contact Person(s):Chief Arata, Chief Wise, and/or April Duvall
Phone Number:682-237-2900
Email:parata@trophyclub.org
jwise@trophyclub.org
aduvall@trophyclub.org
Address:1 Trophy Wood Drive
City, State, Zip:Trophy Club, TX 76262
$48,466.79 PD
$9,907.83 FD
AGENCY TOTAL AMOUNT DUE $58,374.62
Makes checks payable to: Denton County
911 Dispatch Agreement Payments
Denton County Sheriff's Office
Attn: Sherry Cochran
127 N. Woodrow Lane
Denton, Texas 76205
One Annual Payment (100%)
Payment Plan Options Two Payments (50%)
Agency MUST select one payment option Four Payments (25%)
Tweleve Monthly Payments
Mail Payments to:
Exhibit A
2025-26 Budget Year
Denton County Sheriff's Office
911 Dispatch Agreement
Agency Payment Worksheet / Invoice
THIS INVOICE/WORKSHEET SHOULD BE INCLUDED WITH YOUR PAYMENT
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Exhibit B
TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS)
NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2025-2026
Twenty-Four Hour Terminal Agency DENTON COUNTY SHERIFF’S OFFICE
Non Twenty-Four Hour Terminal Agency Trophy Club Police Department
This document constitutes an agreement between the following parties:
The Twenty-Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the
National Crime Information Center (NCIC) computers for the Non Twenty-Four Hour Terminal Agency.
All records must be entered with the Twenty-Four Hour Agency’s ORI, and all case reports and original warrants must be
held at the Twenty-Four Hour Agency for hit confirmation purposes.
The Non Twenty-Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present
or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the
future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of
information for criminal justice purposes.
The Twenty-Four Hour Agency reserves the right to suspend service to the Non Twenty-Four Hour Agency which may
include canceling of records entered for the Non Twenty-Four Hour Agency when applicable policies are violated. The
Twenty-Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such
violations have been corrected.
In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty-Four Hour Agency
agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty-Four Hour Agency and to
immediately notify the Twenty-Four Hour Agency of any changes in the status of those reports to include the need for
cancellation, addition, deletion or modification of information. The Twenty-Four Hour Agency agrees to enter, update and
remove all records for the Non Twenty-Four Hour Agency on a timely basis, as defined by NCIC.
In order to comply with NCIC Validation requirements, the Non Twenty-Four Hour Agency agrees to perform all validation
procedures as required by NCIC on all records entered through the Twenty-Four Hour Agency.
Either the Twenty-Four Hour Agency or the Non Twenty-Four Hour Agency may, upon thirty days written notice,
discontinue this agreement.
To the extent allowed by the laws of the State of Texas, the Non Twenty-Four Hour Agency agrees to indemnify and save
harmless the Twenty-Four Hour Agency as well as the DPS, its Director and employees from and against all claims,
demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false
arrests or imprisonment or any cause of the Non Twenty-Four Hour Agency or its employees in the exercise of the
enjoyment of this Agreement.
In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials.
DENTON COUNTY SHERIFF’S OFFICE AGENCY
Signature:
Signature:
By: Tracy Murphree By: Patrick Arata
Title: Denton County Sheriff Title: Police Chief
Date: ________________________________ Date:
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TOWN COUNCIL COMMUNICATION
MEETING DATE: May 12, 2025
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a contract
change order in the amount of $140,000 with Bureau Veritas North America,
Inc. for a total not-to-exceed amount of $184,200 for on-call third-party plan
reviews, health inspections, and building inspections. (Matt Cox, Director of
Community Development)
BACKGROUND/SUMMARY: The Community Development Department utilizes the professional
services of Bureau Veritas North America, Inc. (BVNA) to support staff with commercial and
residential building inspections and plan reviews. BVNA also assists in enforcing Title 25 of the
Texas Administrative Code, Chapter 228, commonly referred to as the Texas Food
Establishment Rules (TFER), which regulates food establishments within Trophy Club. The Town
Council previously approved an annual service contract with BVNA on November 12, 2024 in
the amount of $44,200. These services are provided on an on-call, as-needed basis throughout
the year and offer a cost-effective alternative to hiring additional specialized staff.
The proposed increase in contract services is due to unanticipated commercial plan review
needs for the Northwest ISD projects at Byron Nelson High School. These additional
expenditures will be offset by the increased building permit fee revenues associated with the
project. The Town Council approved a corresponding budget amendment on April 28, 2025 to
reflect the related revenues and expenditures.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The additional increase in expenditures of $140,000 will be offset from the
revenues received from the upcoming commercial building permit fees.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and
legality.
ATTACHMENTS:
1. Professional Service Agreement
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to consider authorizing the Town Manager to
negotiate and execute a contract change order in the amount of $140,000 with Bureau Veritas
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North America, Inc. for a total not-to-exceed amount of $184,200 for on-call third-party plan
reviews, health inspections, and building inspections.
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BUREAU VERITAS NORTH AMERICA, INC.
STANDARD PROFESSIONAL SERVICES AGREEMENT
This STANDARD PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into
this__________ day of ________________, 2022, by and between Bureau Veritas North America, Inc.,
(“BVNA”), and the Town of Trophy Club, Texas, (“Client”).
These Terms and Conditions govern the work to be performed by Bureau Veritas North America, Inc.
(“BVNA”), as specified in the proposal prepared by BVNA of which these Terms and Conditions are a
part thereof.
WHEREAS, the Client desires that BVNA provide independent professional services for Client under the
terms of a Standard Professional Services Agreement;
WHEREAS, BVNA represents that it is a professional independent consulting firm and is willing and able
to perform such services upon terms and conditions hereinafter set forth;
WHEREAS, all services will be conducted in accordance with these terms and conditions and the agreed
upon Scope of Services and Fee Schedule the forms of which are attached as Attachments “A” and “B”
respectively.
NOW, THEREFORE, in consideration of the foregoing and of the benefits to each of the parties accruing,
the parties hereto do mutually agree as follows:
AGREEMENT
1.Initiation of Services: During the term of this Agreement, Client may call upon BVNA to perform
specific work from the scope to be defined per project in accordance with the agreed upon fees. Individual
projects may be delineated via a specific proposal in accordance with the terms and conditions set forth
in this Agreement. BVNA agrees to furnish services in conformity with the terms hereof and the following
documents which are incorporated by reference and made a part hereof. No subsequent amendment to
this Agreement shall be binding on either BVNA or Client unless reduced to writing and signed by an
authorized Representative of BVNA and Client. Any pre-printed forms including, but not limited to:
purchase orders, shipping instructions, or sales acknowledgment forms of either party containing terms
or conditions at variance with or in addition to those set forth herein shall not in any event be deemed to
modify or vary the terms of this Agreement.
2.Scope of Services: BVNA shall provide its services at the time, place, and in the manner specified in
the proposal.
3.Term. This Agreement shall remain in effect from the effective date of the Agreement unless terminated
by written notice to the other party at least thirty (30) days prior to termination. Fees may be adjusted
annually.
4.Time of Performance: The services of BVNA are to commence upon execution of this Agreement and
shall continue until all authorized work is completed. BVNA shall use commercially reasonable best efforts
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in performing services under these Terms and Conditions, and the Companion Documents
(“Agreement”). Companion Documents shall mean any documents accompanying BVNA’s Proposal,
including but not limited to the Scope of Work, Fee Schedules or any other Exhibits specific to the project.
BVNA shall not be responsible for failure to perform its services if i) there is a failure or delay by Client or
its contractors in providing BVNA with the necessary access to properties, documentation, information,
or materials; ii) Client or its contractors fail to approve or disapprove BVNA’s work; or iii) if Client causes
delays in any way whatsoever. In any of these events, BVNA’s time for completion of its service shall be
extended accordingly. BVNA shall not be responsible for failure to perform if such failure is due to any
act of God, labor trouble, fire, inclement weather, act of governmental authority, failure of transportation,
accident, power failure or interruption, or any other cause reasonably beyond BVNA’s control. In any of
these events, BVNA’s time for completion of its services shall be extended accordingly.
5.Compensation: Compensation to be paid to BVNA shall be in accordance with the Schedule of Fees
set forth in accordance with the agreed upon fee schedule per project.
6.Method of Payment: BVNA shall submit monthly billings to Client describing the work performed during
the preceding month. Client shall pay BVNA no later than thirty (30) days after receipt of the monthly invoice
by Client’s staff. If the invoice is not paid within such period, Client shall be liable to BVNA for a late
charge accruing from the date of such invoice to the date of payment at the lower of eighteen (18) percent
per annum or the maximum rate allowed by law. Further, if the invoice is not paid within such period,
BVNA may, at any time, and without waiving any other rights or claims against Client and without thereby
incurring any liability to Client, elect to terminate performance of services immediately following written
notice from BVNA to Client. Notwithstanding any such termination of services, Client shall pay BVNA for
all services rendered by BVNA up to the date of termination of services plus all interest, termination costs
and expenses incurred by BVNA. Client shall reimburse BVNA for all costs and expenses of collection,
including reasonable attorney’s fees. For work requiring a construction permit to be issued, the total fee
will be billed when the permit is issued by the Jurisdiction.
7.Construction Monitoring: If BVNA is engaged by Client to provide a site representative for the
purpose of monitoring specific portions of any construction work, as set forth in the proposal, then this
Section 7 shall apply. If BVNA’s engagement does not include such construction monitoring, then this
Section shall be null and void. In connection with construction monitoring, BVNA will report observations
and professional opinions to Client. BVNA shall report to Client any observed work which, in BVNA’s
opinion, does not conform to plans and specifications. BVNA shall have no authority to reject or terminate
the work of any agent or contractor of Client. No action, statements, or communications of BVNA, or
BVNA’s site representative, can be construed as modifying any agreement between Client and others.
BVNA’s presence on the Project site in no way guarantees the completion or quality of the performance
of the work of any party retained by Client to provide construction related services. Neither the
professional activities of BVNA, nor the presence of BVNA or its employees, representatives, or
subcontractors on the Project Site, shall be construed to impose upon BVNA any responsibility for
methods of work performance, superintendence, sequencing of construction, or safety conditions at the
Project site. Client acknowledges that Client or its general contractor is solely responsible for job site
safety, and warrants and agrees that such responsibility shall be made evident in any Project owner’s
agreement with the general contractor. Client also agrees to make BVNA an additional insured under
any general contractor’s General Liability insurance policy. Prior to the commencement of the Work, Client
shall provide BVNA with a certificate of insurance evidencing the required insurance. Such certificates shall
be issued by an insurance carrier(s) acceptable to BVNA and shall be endorsed to include: (1) BVNA as
additional insured; (2) thirty (30) days prior written notice of cancellation or material change in any of the
coverages; and (3) a waiver of subrogation as to BVNA. Each policy of insurance required shall be written
by an insurance company with a minimum rating by A.M. Bests & Company of A-VI. This insurance shall
be primary to any insurance available to BVNA. In the event BVNA expressly assumes any health and
safety responsibilities for hazardous materials or other items specified in this Agreement, the acceptance
of such responsibility does not and shall not be deemed an acceptance of responsibility for any other
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health and safety requirements, such as, but not limited to, those relating to excavation, trenching, drilling
or backfilling.
8.Ownership of Documents: All plans, studies, documents and other writings prepared by BVNA, its
officers, employees and agents and subcontractors in the course of implementing this Agreement shall
remain the property of BVNA. The Client acknowledges that all intellectual property rights related to the
performance of the Agreement, including but not limited to the names, service marks, trademarks,
inventions, logos and copyrights of BVNA and its affiliates, (collectively, the “Rights”) are and shall
remain the sole property of BVNA or its affiliates and shall not be used by the Client, except solely to the
extent that the Client obtains the prior written approval of BVNA and then only in the manner prescribed
by BVNA. If BVNA terminates the Agreement in accordance with the provisions of Article 29 below, any
such license granted by BVNA to the Client shall automatically terminate.
9.Use of Data or Services: BVNA shall not be responsible for any loss, liability, damage, expense or
cost arising from any use of BVNA’s analyses, reports, certifications, advice or reliance upon BVNA’s
services, which is contrary to, or inconsistent with, or beyond the provisions and purposes set forth therein
or included in these Terms and Conditions, or in the Companion Documents. Client understands and
agrees that BVNA’s analyses, reports, certifications and services shall be used solely by the Client, and
only Client is allowed to rely on such work product. If a third party relies on the services, analyses, reports
or certifications without BVNA’s written permission, then Client agrees to defend and indemnify BVNA
from any claims or actions that are brought as a result of such reliance.
10.Independent Contractor: It is understood that BVNA, in the performance of the work and services
agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or
employee of the Client. BVNA shall obtain no rights to retirement benefits or other benefits which accrue to
Client’s employees, and BVNA hereby expressly waives any claim it may have to any such rights.
11. Standard of Care: BVNA REPRESENTS THAT THE SERVICES, FINDINGS,
RECOMMENDATIONS AND/OR ADVICE PROVIDED TO CLIENT WILL BE PREPARED,
PERFORMED, AND RENDERED IN ACCORDANCE WITH PROCEDURES, PROTOCOLS AND
PRACTICES ORDINARILY EXERCISED BY PROFESSIONALS IN BVNA’S PROFESSION FOR USE
IN SIMILAR ASSIGNMENTS AND PREPARED UNDER SIMILAR CONDITIONS AT THE SAME TIME
AND LOCALITY. CLIENT ACKNOWLEDGES AND AGREES THAT BVNA HAS MADE NO OTHER
IMPLIED OR EXPRESSED REPRESENTATION, WARRANTY OR CONDITION WITH RESPECT TO
THE SERVICES, FINDINGS, RECOMMENDATIONS OR ADVICE TO BE PROVIDED BY BVNA
PURSUANT TO THIS AGREEMENT.
12.Indemnity: Subject to the Limitation of Liability included in this Agreement, BVNA shall indemnify
and hold harmless Client from and against losses, liabilities, and reasonable costs and expenses (for
property damage and bodily injury, including reasonable attorney’s fees), to the extent directly and
proximately caused by BVNA’s negligent performance of services or breach of warranty under this
Agreement.
BVNA shall not be obligated to defend the Client until there is an actual finding of negligence or if the
parties agree otherwise. Client shall defend, indemnify and hold harmless BVNA, its employees,
directors, officers, and agents, from and against claims, losses, liabilities, and reasonable costs and
expenses (including reasonable attorney’s fees) that are: i) related to, or caused by the negligence or
willful misconduct of Client, its employees, or agents; ii) related to this Agreement or the work to be
performed by BVNA for which BVNA is not expressly responsible; or iii) the expressed responsibility of
the Client under this Agreement.
13.Limitation of Liability: To the fullest extent permitted by law and notwithstanding anything else in
this Agreement to the contrary, the total aggregate liability of BVNA, its affiliates, employees, officers,
directors and agents (Collectively referred to in this paragraph as “BVNA”) for all claims for negligent
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professional acts, errors or omissions arising out of this Agreement is limited to $50,000 or the amount
of the total fees hereunder, whichever is greater.
14.Insurance: BVNA, at BVNA’s own cost and expense, shall procure and maintain, for the duration of the
contract, the following insurance policies with insurers possessing a Best’s rating of no less than A:VII:
a. Workers’ Compensation Coverage: BVNA shall maintain Workers’ Compensation and
Employer’s Liability Insurance for its employees in accordance with the laws of the state
where the services are being performed. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies will be sent to the Client in accordance with the policy
provisions.
b. General Liability Coverage: BVNA shall maintain Commercial General Liability insurance
in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury,
personal injury and property damage.
c. Automobile Liability Coverage: BVNA shall maintain Automobile Liability insurance
covering bodily injury and property damage for activities of BVNA employee arising out of or
in connection with the work to be performed under this Agreement, including coverage for
owned, hired and non-owned vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
d. Professional Liability Coverage: BVNA shall maintain Professional Errors and Omissions
Liability for protection against claims alleging negligent acts, errors or omissions which may
arise from BVNA’s services under this Agreement. The amount of this insurance shall not
be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis.
BVNA shall name Client as additional insured and other parties that it deems appropriate to be
additionally insured under BVNA’s Commercial General Liability policy and Automobile Liability policy, if
requested to do so by Client. The Client, on its own behalf and on the behalf of any others that are
named as additionally insured at Client’s request, agrees that providing such insurance or the additional
insured endorsement shall in no way be construed as an assumption by BVNA of any liability for the
negligence or willful misconduct or any wrongful behavior on the part of Client or others that are named
additionally insured.
15.Consequential and Punitive Damages: Neither BVNA nor Client shall be liable under any
circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages
of any kind or special damages of any kind to the other party, or to any third party. No punitive or
exemplary damages of any kind shall be recoverable against either party under any circumstances.
16.Cause of Action: If Client makes a claim against BVNA, for any alleged error, omission, or other act
arising out of the performance of its professional services and to the extent the Client fails to prove such
claim, then the Client shall pay all costs including attorney’s fees incurred by BVNA in defending the
claim. Any cause of action brought against BVNA shall be brought within one (1) year of the work or
services performed under this Agreement.
17.Compliance with Laws: BVNA shall use the standard of care in its profession to comply with all
applicable federal, state and local laws, codes, ordinance and regulations in effect as of the date services
are provided.
18.Resolution of Disputes: All claims, disputes, controversies or matters in question arising out of, or
relating to, this Agreement or any breach thereof, including but not limited to disputes arising out of
alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, except
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those disputes which arise out of or are related to collection matters or fees alone under this Agreement,
(collectively “Disputes”) shall be submitted to mediation before and as a condition precedent to pursuing
any other remedy. Upon written request by either party to this Agreement for mediation of any dispute,
Client and BVNA shall select a neutral mediator by mutual agreement. Such selection shall be made
within ten (10) calendar days of the date of receipt by the other party of the written request for mediation.
In the event of failure to reach such agreement or in any instance when the selected mediator is unable
or unwilling to serve and a replacement mediator cannot be agreed upon by Client and BVNA within ten
(10) calendar days, a mediator shall be chosen as specified in the Mediation Rules of the American
Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree.
Should either party to this Agreement commence any legal action against the other party arising out of
this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses,
including court costs, expert witness fees, discovery expenses, and attorney’s fees.
19.Governing Law: This Agreement shall be governed by and construed in accordance with the laws
of the state where the BVNA office originating the work or proposal is located.
20.Releases: All lien releases will be limited to payment issues; no additional terms and conditions may
be added to a release of lien.
21.Waiver of Jury Trial: Each party waives its right to a jury trial in any court action arising between
the parties, whether under this Agreement or otherwise related to the work being performed under this
Agreement.
22. Third Party Beneficiary: It is expressly understood and agreed that the enforcement of these terms
and conditions shall be reserved to the Client and BVNA. Nothing contained in the Agreement shall give
or allow any claim or right of action whatsoever by any third person. It is the express intent of the Client
and BVNA that any such person or entity, other than Client or BVNA, receiving services or benefits under
this Agreement shall be deemed an incidental beneficiary.
23.Written Notification: Any notice, demand, request, consent, approval or communication that either
party desires or is required to give to the other party shall be in writing and either served personally or sent
prepaid, first class mail. Any such notice, demand, etc., shall be addressed to the other party at the address
set forth in the proposal. Either party may change its address by notifying the other party of the change of
address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as
provided in this section.
If to Client:_____________________________________
_____________________________________
_____________________________________
_____________________________________
If to BVNA:Bureau Veritas North America, Inc.
Attn: Contract Processing
1000 Jupiter Road, Suite 900
Plano, TX 75074
With cc to:Bureau Veritas North America, Inc.
Attention: Legal Department
1601 Sawgrass Corporate Parkway, Suite 400
Fort Lauderdale, FL 33323
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24.Confidential Information: Neither party shall disclose information identified as confidential to
anyone except those individuals who need such information to perform the Services; nor should either
party use such confidential information, except in connection with the Work, the performance of the
Services or as authorized by the other party in writing. Regardless of the term of this Agreement, each
party shall be bound by this obligation until such time as the confidential information shall become part
of the public domain. Confidential information shall not include information which is either: (i) known to
the public; (ii) was known to the receiving party prior to its disclosure; or (iii) received in good faith from
a third party. If either party is required to produce information by valid subpoena or Court order, parties
agree to first provide prompt notice to other party in order to allow the party to seek a protective order or
other appropriate remedy. This shall not prevent either party from disclosing information to the extent
reasonably necessary to substantiate a claim or defense in any adjudicatory proceeding. Client agrees
that BVNA shall be permitted to use Client's name and logos in BVNA’s marketing materials unless
advised or prohibited against it by the Client in writing. The technical and pricing information contained
in any proposal or other documents submitted to the Client by BVNA shall be considered confidential and
proprietary and shall not be released or disclosed to a third party without BVNA’s written consent.
25.Assignment: Neither party may assign this Agreement or any right or obligation hereunder without
the prior written consent of the other party, which shall not be unreasonably withheld or delayed; provided,
however, that no consent shall be necessary in the event of an assignment to a successor entity resulting
from a merger, acquisition or consolidation by either party or an assignment to an Affiliate of either party
if such successor or Affiliate assumes all obligations under this Agreement. Any attempted assignment,
which requires consent hereunder, shall be void and shall constitute a material breach of this Agreement
if such consent is not obtained.
26.Non-Solicitation/Hiring of Employees:
(a) To promote an optimum working relationship, the Client agrees in good faith that for the
term of this Agreement and one year after the completion or termination of the Agreement not to directly
or indirectly employ or otherwise engage any current employee of BVNA or any former employee of
BVNA who left the employ of BVNA within the six (6) months prior to and including the date of the
execution of the Agreement. The loss of any such employee would involve considerable financial loss of
an amount that could not be readily established by BVNA. Therefore, in the event that Client should
breach this provision and without limiting any other remedy that may be available to BVNA, the Client
shall pay to BVNA a sum equal to the employee’s current annual salary plus twelve (12) additional months
of the employee’s current annual salary for training of a new employee as liquidated damages.
(b) BVNA’s employees shall not be retained as expert witnesses except by separate written
agreement. Client agrees to pay BVNA’s legal expenses, administrative costs and fees pursuant to
BVNA’s then current fee schedule for BVNA to respond to any subpoena.
27.Prevailing Wage: This Agreement and any proposals hereunder specifically exclude compliance with
any project labor agreement or other union or apprenticeship requirements. In addition, unless explicitly
agreed to in the body of the proposal, this Agreement and any proposals hereunder specifically exclude
compliance with any State or Federal prevailing wage law or associated requirements, including the Davis
Bacon Act. Due to the professional nature of its services BVNA is generally exempt from the Davis Bacon
Act and other prevailing wage schemes. It is agreed that no applicable prevailing wage classification or
wage rate has been provided to BVNA, and that all wages and cost estimates contained herein are based
solely upon standard, no-prevailing wage rates. Should it later be determined by the Client or any applicable
agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall
be equitably adjusted to account for such changed circumstance. These exclusions shall survive the
completion of the project and shall be merged into any subsequently executed documents between the
parties, regardless of the terms of such agreement. Client will reimburse, defend, indemnify and hold
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harmless BVNA from any liability resulting from a subsequent determination that prevailing wage regulations
cover the Projects, including all costs, fines and reasonable attorney’s fees.
28.Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate
as a waiver of any other right or remedy that party may have hereunder.
29.Amendments: This Agreement may be modified or amended only by a written document executed by
both BVNA and Client.
30.Entire Agreement: This Agreement constitutes the complete and exclusive statement of Agreement
between the Client and BVNA. All prior written and oral communications, including correspondence, drafts,
memoranda, and representations, are superseded in total by this Agreement.
31.Termination: This Agreement may be terminated immediately for cause or by either party without cause
upon fifteen (15) days written notice of termination. Upon termination, BVNA shall be entitled to
compensation for services performed up to the effective date of termination.
(a) Termination by Client: If the Client terminates this agreement without cause, the Client
shall have two options concerning work and assignments that are in-progress. The Client shall select
from: (1) Allowing BVNA the opportunity to complete all work and assignments in-progress that may be
completed by another provider after the effective date of BVNA’s termination; or (2) Providing BVNA with
a complete and unconditional release from any and all liability and indemnification requirements
regarding all work and assignments that remain in-progress upon BVNA’s termination effective date. In
the event that Client is silent on termination or does not make an affirmative selection, option (2) providing
BVNA with a complete and unconditional release from any and all liability and indemnification
requirements will be the default and active selection.
(b) Termination by BVNA: If BVNA terminates without cause, BVNA will provide client with a
thirty (30) day transition period from the notice of termination to allow Client sufficient time to secure a
new Service Provider. During this transition period, BVNA and Client’s responsibilities under this
agreement will remain in full force and effect. At the end of the thirty (30) day transition period BVNA will
cease all activities. In the event Client shall request BVNA to continue to provide any Services beyond
the expiration of the transition period, including any extensions, then BVNA and Client may negotiate in
good faith terms of any such extension, including the pricing of Services.
32.Interpretation of Agreement: This Agreement shall be interpreted as though prepared by all parties
and shall not be construed unfavorably against either party.
33.Severability of Agreement: If any provision or provisions of this Agreement shall be held to be
invalid, illegal, unenforceable or in conflict with the laws of any jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be effected and shall remain in full force
and effect.
[signatures on following page]
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IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions
stated above and the Attachments following the signatures below.
BUREAU VERITAS NORTH AMERICA, INC.CLIENT
Signature:Signature:
Name:Name:
Title:Title:
Date:Date:
Address:Address:
Telephone:Telephone:
Email:Email:
DTQR
Date
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ATTACHMENT A
SCOPE OF SERVICES
CONSTRUCTION CODE SERVICES
BVNA and the representatives of BVNA are charged with the enforcement of the provisions of the
Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code,
Fuel Gas Code and Energy Code, acting in good faith and without malice in the discharge of the duties
required by these codes or other pertinent law or ordinance shall not thereby be rendered personally
liable for damages that may accrue to persons or property as a result of an act or by reason of an act or
omission in the discharge of such duties.
Plan Review
Non-Structural Plan Review services shall be conducted as required by the Jurisdiction’s Building
Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and
Energy Code, and other provided code related documents, as approved by the Jurisdiction. Applicants
will be notified of Plan Review Comments and are responsible for addressing comments to the
satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and
specifications. Permits are issued by the Jurisdiction.
Inspections
Inspection services shall be conducted as required by the Jurisdiction’s Building Code, Residential
Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code. Special
inspections as specified in chapter 17 and non-prescriptive structural inspections of the adopted
International Building Code are not included and may be required as specified in the International
Building Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval
by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the
Jurisdiction is the final interpretive authority and the Certificate of Occupancy will be issued at the
discretion of the Jurisdiction.
FIRE SERVICES
Fire Services Plan Review
Commercial, Multi-Family and Single Family Fire Sprinkler System Plan Review, Commercial Fire
Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial
Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent
Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage
Tank Plan Review shall be conducted as required by the Jurisdiction’s Fire Code, and other provided
code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review
Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The
Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the
Jurisdiction. (The State of Texas requires the design and installation of Underground Fire Sprinkler
Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.)
Fire Services Inspections
Commercial, Multi-Family and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm
Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire
Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2
Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and
Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the
Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to
approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the
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Jurisdiction is the final interpretive authority. (The State of Texas requires the design and installation of
Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire
Sprinkler Contractor.)
Annual Fire Safety Inspections
Annual Fire Safety Inspections will be conducted in accordance with the Jurisdiction’s Fire Code for
commercial establishments and public buildings subject to an annual operation permit.
Fire Code Plan Review Services and Inspection Services
Site and building Plan Review and Inspection services shall be conducted as required by the
Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to
approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the
Jurisdiction is the final interpretive authority.
HEALTH SERVICES
BVNA will have an exclusive agreement with Client to ensure compliance with the provisions of the
Jurisdiction’s Adopted Food Establishment Ordinance. In absence of said ordinance, the provisions of
Title 25 Texas Administrative Code Chapter 228, regarding the regulation of food establishments,
known as the Texas Food Establishment Rules (TFER), will be enforced. The Texas Administrative
Code (TAC), Standards for Public Pools and Spas, Section 265.181 - 265.200 will be enforced for
public swimming pools and spas.
BVNA services include the following per permitted installation:
•Review plans for compliance with the applicable laws and rules required.
•Perform inspections to determine compliance with the applicable laws and rules required.
•Inspections will be performed by a Texas Registered Sanitarian
•Update or create the required Health forms.
•Web-based project tracking of Health permits.
•Provide written report of any deficiencies.
•Investigation of complaints on permitted facilities.
The Client will have final interpretive authority over all plans, specifications and inspections and is
charged with the issuance of all permits and certificates of occupancy.
PUBLIC WORKS SERVICES
Upon receipt of written Notice to Proceed from Client, BVNA will provide Inspection services relative to
Public Works Services as outlined below to verify conformance with approved plans, specifications and
local ordinances provided by Client.
Inspections
Inspection services include, but are not limited to: making site observations, writing correction notices
and field reports, attending meetings and answering inquiries in person or by telephone.
Plan Review
Plan Review services include, but are not limited to: verification of plan compliance with adopted public
works standards, attendance at pre-plan design meetings and follow up on design issues.
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Technical Support
BVNA will be available for pre-construction or field site meetings and will provide field staff for
observation purposes as needed.
PLANNING AND MAPPING SERVICES
Comprehensive Planning and Mapping services shall be provided as outlined below.
Base Mapping
•BV shall prepare a corporate area base map, which shall show at least the features (a)
through (k) below:
a) Highway and street rights-of-way;
b) Highway designations and street names;
c) All major drainage ways;
d) Major bodies of water;
e) Block and lot lines for all platted subdivisions as available;
f) Property lines within unplatted subdivisions as available;
g) The width of all major utility easements;
h) Railroad rights-of-way;
i) All subdivisions and their names;
j) Corporate limits;
k) Other major facilities or features to include but not necessarily limited to:
1. Major park and recreation areas and facilities;
2. Water Treatment plants;
3. Sewage Treatment plants;
4. Extraterritorial jurisdiction line, as appropriate; and
5. Other significant features.
Housing Inventory, Analysis and Plan
•BV shall prepare a housing conditions inventory, analysis and plan.
•BV shall develop criteria to be used in the classification of building conditions and formulate
definitions for each classification. As a minimum, the four following classifications shall be
utilized within the study:
a) Standard,
b) Minor Deteriorating,
c) Major Deteriorating, and
d) Dilapidated.
•BV shall perform an assessment of the exterior of all residential buildings within the city to
determine the physical condition of each building or structure. BV will record vacant and
abandoned residential units as the assessment is being made.
•BV shall use the base map to create a Housing Conditions Map depicting all housing
conditions as inventoried and showing all housing and its classification as defined by the
developed criteria.
•BV shall conduct an analysis of housing data to determine problems and housing needs of
the current and prospective population.
•BV shall prepare a goal(s) statement and annual housing related objectives. To the extent
possible, objectives shall be stated in quantifiable terms and target dates set for their
achievement.
•BV shall identify future implementation actions and probable costs, both public and private, to
be taken annually over the next three to five years. These activities shall result in the
preparation of an overall program design for housing related activities.
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Population
•BV shall compare census data of the locality from 1960 to present. BV will provide number of
persons in each of the sex, race and Hispanic origin categories.
•BV shall determine existing population estimates of the locality by occupied dwelling units. A
realistic assessment of the locality's existing population shall be made by reliable methods.
•BV shall estimate the locality's future population by five-year increments for the next fifteen to
twenty years based on existing trends.
•BV will use the base map for illustrative purposes a Population Distribution Map showing the
existing and projected population distribution for the planning period.
Land Use Inventory, Analysis and Plan
•BV shall assess and inspect each plot, tract and parcel of land within the project area to
determine its use. The project area should include the city's extraterritorial jurisdiction (ETJ).
•BV shall use categories in classifying land uses shall include, as a minimum, the following:
a) Vacant (vacant developed or vacant undeveloped);
b) Agriculture (cultivated and range land - five or more acres);
c) Residential (single family, two family, multi-family, manufactured and mobile homes);
d) Commercial; (retail and services);
e) Industrial; (light and heavy);
f) Public and Semi-Public (schools, parks and public buildings); and
g) Other such additional or subcategories as may be deemed necessary to accurately
reflect the existing pattern of land areas.
•BV shall prepare a color-coded Existing Land Use Map of the corporate and ETJ area using
the base map. Colors should conform to standard code.
•BV shall make a tabulation of the existing land uses to show:
a) Total acreage by use;
b) Percentage of acreage in each land use;
c) Acres per 100 persons, or other standard for comparison purposes; and
d) Developed and undeveloped land as a percent of the total land.
•BV will make an analysis of the community regarding past and potential developments and
will report on factors affecting the development of land, such as those below:
a) Occupied dwelling units;
b) Existing land use;
c) Thoroughfares
d) Existing and anticipated population;
e) Soil characteristics as related to developments;
f) Adequacy of public utilities;
g) Adequacy of public facilities;
h) Storm drainage problem areas;
i) Natural and man-made constraints.
•BV shall prepare a goal(s) statement and annual land use related objectives and, using the
base map at, BV shall prepare a color-coded Future Land Use Map to illustrate the future
physical development of the locality during the planning period.
B. Economic Development
1. Historic Development And General Characteristics
•Studies and plans being prepared under this contract should be coordinated with previously
developed studies and plans, including any available with the appropriate state office, the
regional planning council, etc.
•BV shall make a review and analysis of the factors which have contributed to the present
development of the planning area to include the following:
•Development of the economy;
•Physical growth of the community;
•The relationship of the community to the region.
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2. Economic Base, “Barrier Analysis"
•BV will prepare an inventory of the social, economic, governmental, and industrial elements of
the area's development and potential. The inventory shall, to the extent possible, examine
the number of people employed in the retail trade, manufacturing, construction and
government, the dollar volume of various local employers, and employee income levels. The
inventory shall, as a minimum, include, but need not be limited to, the following, as available
and appropriate:
a) Retail facilities;
b) Wholesale facilities;
c) Service facilities;
d) Financial facilities;
e) Manufacturing facilities;
f) The physical facilities and rates for the following utilities and communication services:
1. Electric;
2. Water;
3. Natural gas;
4. Sewage and garbage disposal;
g) Transportation;
h) Quantity, quality and availability of raw materials;
i) Labor supply by sex, industry, and skills;
j) Available industrial sites and buildings to include:
1. Location;
2. Utility connections;
3. Transportation;
4. Availability.
•BV will determine to the extent possible the relationship of the elements inventoried to
economic development potential.
•A "barrier analysis" shall be prepared which rates the following cost factors and operating
condition factors, as appropriate. The ratings shall be assigned based on a comparison with
regional, state, and/or national standards.
a) Cost Factors:
1. Wage levels (g) Land/site costs
2. Electricity costs (h) Local property taxes
3. Fuel costs (i) Financing costs
4. Water costs (j) State costs
5. Sewer costs (k) Other(s), as appropriate
6. Building costs
b) Operating Condition Factors:
1. Unskilled labor supply (k) Availability of air service
2. Skilled labor (l) Vocational education facilities
3. Productivity (m) Site availability
4. Unionization (n) School facilities
5. Labor-management relations (o) Medical services
6. Electric power availability (p) Natural features, resources, geography, etc.
7. Water and sewer availability (q) Others, such as, telecommunications,
8. Gas availability aesthetics, community receptivity, laws,
9. Common motor carrier service community organizations, debt, etc.
10. Rail/freight service
c) BV shall determine whether the city should use other standards and analysis tools in
addition to those above to derive an alternative comparison.
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d) BV shall coordinate with community leaders and draw some conclusions as a result of
the inventory and analysis required above; and,
e) Determine whether the pattern of economic growth should be altered.
f) BV shall suggest what type of policies and/or codes should be implemented to
improve conditions for the encouragement of economic opportunities and local
business expansion and attraction.
3. PLAN
•BV shall develop an economic development plan with goals and objectives. To the extent
possible, objectives shall be stated in quantifiable terms and target dates set for their
achievement.
•The implementation strategy should focus on private and public investment and resources.
•The plan shall include graphics, if appropriate, and shall suggest a response to the inventory
and analysis above and provide appropriate or possible:
a) Public/private sector projects and their costs;
b) Financing sources and incentives; and
c)Changes to policies, codes and ordinances that could improve the economic climate.
C. Central Business District
1. Commercial Area Inventory
•BV shall make an assessment of the Central Business District (CBD) that should include its
area of immediately adjacent influence to include but not necessarily limited to the following:
a) The existing land use of the Central Business District;
b) Street rights-of-way and pavement widths, where applicable;
c) Locations and condition of sidewalks, curbs and gutters;
d) On and off-street parking;
e) Condition of buildings;
f) Location of traffic controls by types; and
g) Traffic volumes and turning movements for major streets, where available;
h) Physical geographic features of the community that could have a positive or negative
effect on the integrity of the CBD.
•BV shall show the above inventory on a symbol-coded map.
•BV shall prepare a drawing to show the relationship of the CBD to other supportive and
competitive development within the community.
2. Analysis
•BV shall analyze the findings above and should determine:
a) The Central Business District and its relationship to community development to
determine if improvements or rearrangement of commercial facilities are needed;
b) A ratio of existing and projected commercial acreage;
c) A ratio of used and vacant commercial floor area in the central business district; and
d) Other significant details and their impact on the vitality of the central business district
as they become evident during the course of the study.
3. Central Business District Plan
•BV shall prepare a goal(s) statement and annual Central Business District related objectives.
•To the extent possible, objectives shall be stated in quantifiable terms and target dates set for
their achievement.
•In relation to recognized problems, goals and objectives, BV shall prepare recommendations
that could improve the aesthetic values and physical integrity of the Central Business District
considering possible:
a) Improvement to facades and alleyways;
b) Pedestrian walkways;
c) Landscape treatment of street medians, pedestrian ways and rest areas; and/or
d) Removal of obsolete buildings and overhead utility lines.
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•BV shall prepare a Central Business District Plan to graphically illustrate the redevelopment of
the area in relation to the formulated goals and objectives. The Central Business District
•Plan map(s) shall, as a minimum include but not necessarily be limited to:
a) Any necessary rearrangement of land uses to improve compatibility;
b) Any necessary building relocation or reorientation in order to improve their usefulness;
and
c) On and off-street parking areas.
•BV shall present phased improvements, estimated costs and sources of funding.
D. Street System
1. Street Study
•BV shall make an inventory of the physical characteristics of the street system to record, but
not necessarily be limited to the following:
a) Rights-of-way widths, as available;
b) Paving widths, types and condition of pavement;
c) Curb and gutter and/or borrow (roadside) ditches;
d) Other information concerning configuration, traffic flow, and street conditions, including
possible impediments to traffic flow, particularly in an emergency situation, as
appropriate and/or available.
•Data and information from the Texas Department of Transportation shall be used to the
maximum extent feasible.
•Using the base map for illustrative purposes, BV shall prepare a Street Conditions Map
showing the existing street system inventory.
2. Street System Analysis
•BV shall make an analysis of the street system and list and rank problems and should present
possible alternative actions and costs in providing solutions.
•BV shall determine the adequacy of the system to meet existing and forecasted needs,
including during emergency situations, and make recommendations for any needed
improvements concerning configuration, traffic flow, and street conditions. Recommendation
should prepare for contingencies, including planning evacuation routes.
3. Street Plan
•BV shall prepare a goal(s) statement and street-related objectives for the planning period and
should include construction-related and policy–related recommendations regarding streets’
improvements. To the extent possible, objectives shall be stated in quantifiable terms and
target dates set for their achievement. General improvements to meet standards and disaster
resiliency needs for at least the first five to ten years shall be stated and include:
a) Priorities;
b) Estimated costs; and
c) Sources of possible funding.
•Using the base map BV shall prepare a Future Street Conditions Map.
•The plan shall provide for the elimination of deficiencies and recommended improvements to
meet forecasted needs. Improvements shall be in accordance with accepted municipal
standards and shall be shown by phases.
E. Thoroughfare System
1. Inventory Of Major And Collector Streets
•BV shall prepare standards or criteria to determine the definition for major and collector
streets and shall include the information in the narrative section of the study.
•BV shall conduct a study of major and collector streets to determine the present condition of
these streets within the planning area. The study should include but not necessarily be
limited to:
a) Peak hour and average daily traffic counts, where available;
b) Right-of-way widths;
c) Paving widths, types and condition of pavement;
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d) Traffic control data;
e) Parking restrictions;
f) Curb and gutter;
g) Origin and destination information, where available;
h) Land use and traffic generator information;
i) Truck routes; and,
j) Emergency routes.
•Information from prior studies, the county, Texas Department of Transportation and other
available sources shall be used to the maximum extent feasible.
•Using the base map for illustrative purposes, BV shall prepare a Thoroughfare Conditions
Map to show b. (1) through (9), above, as applicable.
2. Thoroughfare Analysis
•BV shall list and rank problems related to the thoroughfares system.
•To determine the size and quality of streets needed in the project area, an analysis shall be
made for all major and collector streets, their locations, adequacy or inadequacy for existing
and forecasted population, land uses, etc. As a minimum, the following should be
considered, where appropriate:
a) Texas Department of Transportation traffic counts, local traffic habits, and other
factors;
b) Circulation studies prepared previously; and
c) Street standards approved by the locality and State.
3. Thoroughfare Plan
•BV shall prepare a goal(s) statement and thoroughfare system-related objectives for the
planning period and should include construction-related and policy–related recommendations
regarding thoroughfare system improvements. To the extent possible, objectives shall be
stated in quantifiable terms and target dates set for their achievement. General
improvements to meet standards and disaster resiliency needs for at least the first five to ten
years shall be stated and include:
a) Priorities;
b) Estimated costs; and
c) Sources of possible funding.
•In relation to the analysis of existing and anticipated land use, school and park locations,
travel habits, employment centers, traffic generators, traffic volumes; and in coordination with
plans of the Texas Department of Transportation, and other available studies, BV shall
prepare a plan for a system of thoroughfares, major and collector streets to meet the future
circulation needs of the planning area.
•Using the base map at its contracted scale for illustrative purposes, BV shall show phased
improvements on a Future Thoroughfares Map.
•BV will prepare sketch plans for improved channeling of traffic at intersections where
problems exist or are anticipated during if needed.
F. Water System
1. Water System Inventory
•BV shall make a review of all prior studies and other available data on the existing water
system.
•BV shall make an inventory of the physical characteristics of the system to include, but not
necessarily be limited to the following:
a) Location of lines, valves, fire hydrants, and line sizes;
b) location and capacity of ground and elevated storage facilities;
c) Location and capacity of wells and pumps;
d) Location and capacity of water treatment facilities, as appropriate;
e) Location and capacity of generators;
f) Condition of system elements and other system data, as available.
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•Using the base map for illustrative purposes, BV shall prepare a Water System Map showing
existing facilities as specified in the inventory required above. Mapping shall show all facilities
and illustrate the entire area that the facilities serve.
•BV shall report appropriate standards and criteria used to determine the water system needs
and include them in the narrative section of the report, including the name of publications
where standards can be found. Reference shall be made to the existing and required
Drought Contingency and Water Conservation Plan.
2. Water System Analysis
•BV shall make an analysis of the water system and list and rank problems and should present
possible alternative actions and costs in providing solutions, while particularly considering the
water system’s ability to provide reliable service, including fire protection within state
standards during drought conditions. As a minimum, the following should be considered in
determining problems connected with the water system:
a) Water quality;
b) Storage facilities;
c) Availability of water; future needs;
d) Water pressure;
e) Water costs to city;
f) Water cost to customers and review of current and
g) Operation procedures.
•Distribution lines;
•Ability to function under disaster situations, such as, flood, fire, tornado, power outages, etc.
•BV shall determine the adequacy of the system to meet existing and forecasted needs.
•BV shall evaluate the local system’s capability to provide water under drought and other
disaster-related conditions and in regard to its drought contingency and water conservation
plan and accepted conservation practices.
•BV shall evaluate the local system’s capability to provide water, including during drought and
other disaster-related conditions, and coordinate with the Regional Water Plan and the State
Water Plan, where applicable.
3. Water System Plan
•BV shall prepare a goal(s) statement and water system-related objectives for the planning
period and should include construction-related and policy–related recommendations
regarding water system improvements. To the extent possible, objectives shall be stated in
quantifiable terms and target dates set for their achievement. General improvements to meet
standards and disaster resiliency needs for at least the first five to ten years shall be stated
and include:
a) Priorities;
b) Estimated costs; and
c) Sources of possible funding.
•The studies and plans developed shall be in strict accord with criteria established by the
Texas Commission on Environmental Quality (TCEQ), Texas Water Development Board
(TWDB), and the Texas Department of Insurance.
•As much as is applicable, appropriate and possible during the contract period and in
coordination with TCEQ, which requires drought management plans, BV shall include drought
and conservation plans in its overall water system plan. The plans should also include
consideration of water provision during other disaster situations, such as flood, fire, tornado,
power outages, etc.
•Using the base map for illustrative purposes, BV shall illustrate the existing and proposed
water system and findings on a Future Water System Map. Recommended improvements
shall be shown by phases.
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G. Wastewater System
1. Wastewater System Inventory
•BV shall make a review of all information regarding the existing wastewater system.
•BV shall make an inventory of the physical characteristics of the system to include, but not
necessarily limited to the following:
a) Location, condition, and size of lines as available;
b) Location of manholes and cleanouts;
c) Location and capacities of lift stations;
d) Location and capacity of generators;
e) Treatment facility and operation arrangement.
•Using the base map for illustrative purposes, BV shall prepare a Wastewater System Map
showing the existing facilities in relation to topographic features.
•BV shall report standards or criteria used to determine wastewater system needs and include
the criteria in the narrative section of the report with the name of the publication(s) where
standards can be found.
2. Wastewater System Analysis
•BV shall list and rank problems related to the wastewater system and should present possible
alternative actions and costs in providing solutions. As a minimum, the following should be
considered in determining problems of the wastewater system:
a) Infiltration;
b) Industrial waste and special treatment facilities;
c) Operational procedures;
d) Unserved areas;
e) Characteristics of the soil and terrain affecting collection treatment;
f) Ability to function under disaster situations, (flood, fire, tornado, power outages, etc.).
3. Wastewater System Plan
•BV shall prepare a goal(s) statement and wastewater system-related objectives for the
planning period and should include construction-related and policy–related recommendations
regarding wastewater system improvements. To the extent possible, objectives shall be
stated in quantifiable terms and target dates set for their achievement. General
improvements to meet standards and disaster resiliency needs for at least the first five to ten
years shall be stated and include:
a) Priorities;
b) Estimated costs; and
c) Sources of possible funding.
•Using the base map for illustrative purposes, BV shall prepare a Future Wastewater System
Map illustrating phased improvements to the wastewater system in relation to the existing
system and topographic features.
•Such prepared plan shall be done in accordance with criteria and standards established by
the Texas Commission on Environmental Quality (TCEQ).
H. Storm Drainage System
1. Storm Drainage Inventory
•BV shall conduct an assessment of the project area for any existing storm drainage facilities
and all natural drainage courses to include as a minimum:
a) Location and condition of drainage ways;
b) Location and condition of curb and gutter, borrow (roadside) ditches, culverts, and
storm sewers;
c) Location of 100 years flood hazard areas; and
d) Identification of areas within the community where local flooding has occurred.
•Using the base map for illustrative purposes, BV shall prepare a Storm Drainage Map
showing the existing facilities in relation to topographic features.
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2. Storm Drainage Analysis
•BV shall list and rank problems related to storm drainage and should present possible
alternative actions and costs in providing solutions.
•BV shall prepare an analysis of the existing drainage system for both natural and man-made
facilities. Major and minor drainage areas and areas that have experienced flooding shall be
delineated.
•Drainage characteristics of the areas shall be briefly described and analysis shall be made to
determine methods of eliminating local flooding and eroding of local streets. Data, as
available through the National Flood Insurance Program of the Federal Emergency
Management Agency, shall be utilized to the fullest extent possible.
3. Storm Drainage Plan
•BV shall prepare a goal(s) statement and storm drainage-related objectives for the planning
period and should include construction-related and policy–related recommendations
regarding storm drainage improvements. To the extent possible, objectives shall be stated in
quantifiable terms and target dates set for their achievement. General improvements to meet
standards and disaster resiliency needs for at least the first five to ten years shall be stated
and include:
a) Priorities;
b) Estimated costs; and
c) Sources of possible funding.
•Using the base map for illustrative purposes, BV shall prepare a Future Storm Drainage Map
illustrating phased improvements related to storm drainage in relation to the existing
conditions and topographic features.
I. Recreation And Open Space
1. Recreation And Open Space Inventory
•BV shall take an inventory of the community's existing parks, recreation facilities and open
spaces to include but not necessarily be limited to the following:
a) Location, type and use of public parks;
b) Location and type of public recreation facilities, including public school facilities;
c) Open spaces of all types including boulevards, parkways, floodplains, conservation
areas, etc.
•BV shall identify the service area of the parks and recreational opportunities it provides.
•Review and report on recreational facilities and open spaces serving the community's
population, but outside the municipality's jurisdiction.
•Review and report on major recreational facilities serving the community's population that are
privately or semi-publicly owned and operated.
2. Recreation And Open Space Analysis
•In coordination with city officials, BV shall establish level of service standards and criteria for
determining adequacy of existing parks, recreational facilities and open space and future
requirements.
•BV shall utilize workshops, hearings and/or canvasses to maximize opportunities to solicit
public input on needs and document the dates of the methods used.
•BV shall describe the legitimate method for assessing needs. Explain how public input was
used to assess needs.
•In consonance with the recommended standards, BV shall make a study and analysis to
determine the adequacy of the existing parks and recreational facilities to meet the needs of
the present and forecasted population, considering population growth, and change in
composition.
•BV shall prepare a listing and priority ranking of problems relating to recreation facilities and
open spaces. Explain how priorities were determined.
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3. Recreation Facilities And Open Space Plan
•In cooperation with municipal agencies, BV shall determine specific goals relating to
recreation and open space requirements and prepare short and long-range (five and ten
years’) objectives to accomplish the stated goals.
•In relation of existing facilities, recognized problems, and in consonance with goals and
objectives, BV shall prepare a parks and open space plan. The plan shall contain appropriate
text and mapping and shall, as a minimum, include:
a) Recommendations for improvements and expansion to existing facilities;
b) Recommendations for the general location of new facilities;
c) Recommendations for the development and protection of open space areas to include
conservation areas and other areas endorsed with natural beauty; and
d) Recommendations toward coordinating municipal programs and facilities with other
overlapping services within the community, such as school facilities, etc.
e) Population projections for the period of the plan and demographics on ethnicity, age,
and income.
f) The existing and proposed parks (and facilities, as appropriate), greenbelts and open
spaces illustrated on the base map at its contracted scale.
•Recommended community improvements for the first five years shall be programmed and
shall, as a minimum, include the following:
a) Phasing of clear and measurable priorities;
b) Timeline for completion;
c) Estimated cost by project; and
d) Possible sources of funding.
J. Capital Improvements Program
1. Financial Analysis
•BV shall make a financial analysis of the municipality to the extent possible to determine the
municipality's approximate ability to finance present and future capital improvements. The
study should include, but not be limited to the following:
a) Past, present, and anticipated sources and amounts of income;
b) Annual budgets;
c) Operating costs;
d) Direct and overlapping public debt;
e) Outstanding municipal bonds and their schedule of retirement;
f) Public improvements financing practices; and
g) Recommended standards concerning debt limitations.
2. Capital Needs List
•Based on the previous studies, and all capital needs, BV shall prepare a capital needs list of
projects by category with general priorities for improvements to be accomplished during the
planning period through workshop meetings with local officials. BV shall classify the type of
capital improvements according to guidelines, such as:
a) Mandatory: Those which protect life or health.
b) Necessary: Those which are important public services.
c) Desirable: Those which replace obsolete facilities.
d) Acceptable: Those which reduce operating costs.
3. Capital Improvements Program
•In consonance with the capital needs list and in coordination with the city’s budget, BV shall
prepare a schedule of projects recommended for the municipality for the first five (5) to six (6)
years of the planning period. The schedule shall list projects by category together with
estimated cost, sources of funds and year of construction.
•A map shall be prepared to show the projects by type and year of construction.
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K. Subdivision Ordinance
1. Ordinance Development
•BV shall prepare technical material necessary for the drafting and/or updating of a subdivision
ordinance that will best be adapted to direct the platting of land consistent with proposals of
the previously prepared Land Use Plan.
•The technical material prepared shall be based on sound platting and planning principles and
not be inconsistent with all applicable laws.
2. Ordinance Review
•Following development of the technical material and prior to adoption, BV shall seek counsel
and advice from the city's attorney regarding the legal aspects and implications of subdivision
controls.
•BV shall prepare the technical material for the subdivision ordinance in a form suitable for its
adoption and submit it in report form to the Department as provided herein.
L. Zoning Ordinance
1. Ordinance Development
•BV shall prepare technical material necessary for the drafting of zoning ordinance that will
best be adapted to direct the use of land consistent with proposals of the city's previously
prepared Land Use Plan.
•Technical material on zoning shall be based on sound zoning principles and not be
inconsistent with all applicable laws,
•Based on the Land Use Plan and other plans related to physical development of the
municipality, BV shall have prepared a Zoning District Map using the base map.
2. Ordinance Review
•Following development of the technical material and prior to adoption, BV shall seek counsel
and advice from the city's attorney regarding the legal aspects and implications of zoning.
•The technical material on zoning and the recommended zoning district map shall be prepared
in report form suitable for adoption.
Current Planning Activities
Zoning Application and request reviews and analysis
•Property owner information within 200 feet of site application can be mapped and
mailing labels provided.
•Public notice can be submitted to the newspaper of record for publication and
necessary documentation for agenda item posting can be provided.
•Letters of notification with map can be mailed and site signage (By City) can be placed
on the property 15 days prior to the Commission meeting date.
•Zoning Ordinance based upon owner request will be prepared. (Recommended
ordinance wording can be provided).
•An analysis/staff report can be prepared for city from a planning perspective.
•Presentations for the Planning and Zoning Commission can be prepared and
presented.
•Presentations for the City Council can be prepared and presented.
•Adjustments to the Comprehensive Plan and zoning map can be made if approved.
Site Plan Applications and request reviews and analysis*
•Review of application for general completeness for accepting site plan for review.*
•Review for compliance with appropriate general zoning district or planned
development. A copy of the document to be reviewed will be red lined and a written
report provided itemizing each deficiency noted and returned to city. If the city desires
a direct line of communication with applicant can be facilitated.
•Review for compliance with landscape requirements.
•Review of circulation/fire lanes.
•An analysis/staff report can be prepared for city from a planning design perspective.
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•Presentations for the Planning and Zoning Commission can be prepared and
presented.
•Presentations for the City Council can be prepared and presented.
Preliminary Plat Applications and reviews
•Review of application for general completeness for accepting for review. ** Rejection
letter if necessary to stop 30-day clock for automatic approval.
•Review for compliance with appropriate general zoning district or planned
development guidelines. A copy of the document to be reviewed will be red lined and
a written report provided itemizing each deficiency noted and returned to city. If the
city desires a direct line of communication with applicant can be facilitated.
•An analysis/staff report can be prepared for city approval/denial recommendation.
•Presentations for the Planning and Zoning Commission can be prepared and
presented.
•Presentations for the City Council can be prepared and presented.
Final Plat Applications and reviews
•Review of application for general completeness for accepting for review. ** Rejection
letter if necessary to stop 30-day clock for automatic approval.
•Review of conformance to preliminary plat.
•Review for compliance with appropriate general zoning district or planned
development guidelines. A copy of the document to be reviewed will be red lined and
a written report provided itemizing each deficiency noted and returned to city. If the
city desires a direct line of communication between applicant and BV can be
facilitated.
•An analysis/staff report can be prepared for city approval/denial recommendation.
•Presentations for the Planning and Zoning Commission can be prepared and
presented.
•Presentations for the City Council can be prepared and presented.
Base Map/Zoning Map Updating:
•Preparation of new digital base map.
•Updating existing base map.
•Updating or preparing zoning maps.
911 Addressing
•Development of a 911 addressing system (Digital base map to be provided by city or
prepared by BV).
•Address all new developments
*Preliminary consultations can be provided to an applicant upon request to assist and guide them in
the plan preparation process.
**If not available BV will develop checklists for each type of development to be used to check for
minimum submittal requirements of an application.
ADA SERVICES
PHASE 1 ADA Services
Phase 1A: ADA Coordinator and Department Liaison Selection and Training
•Scope: Assist City with identifying an ADA Coordinator if not already done so. Work with
appointed ADA Coordinator to identify ADA Liaisons, at a minimum, for all public facing
departments (i.e. Permitting, Water Utility, Library, Parks & Rec., Police, Fire, etc…). Help ADA
Coordinator develop training material for distribution to all ADA Liaisons. Also assist ADA
Coordinator to develop a master schedule for quarterly, bi-annual or annual meetings between
ADA Coordinator and ADA Liaisons (ADA Task Force).
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Phase 1B: ADA Notice Development and Distribution
•Scope: Assist appointed ADA Coordinator with development of ADA Notice specific to the City
represented. Ensure that all ADA notices are displayed at public facing and internal facing
areas. Ensure that ADA notice is also placed on city website.
Phase 1C: ADA Grievance Procedure Development and Distribution
•Scope: Assist appointed ADA Coordinator with development of ADA Grievance Procedure.
Develop complaint form and make complaint form accessible. Ensure that procedure includes
ability for complainants to access and file complaints easily. Ensure that grievance procedure is
available on city website and accessible.
Phase 1D: ADA Training at Staff Level Public Facing Departments
•Scope: Once ADA Coordinator and ADA Liaisons are identified, develop a training schedule to
allow public facing department staff to attend ADA training. Assist ADA Coordinator with one
training session. Assist with development of training materials.
PHASE 2 ADA Services
IMPORTANT: Sample of Tasks & Costs Only – Client Specific Tasks & Costs TBD
Phase 2A: ADA Self-Evaluation
•Scope:
o Task 1 – Project Management: Bureau Veritas (BV) will maintain project records, budgets,
and communication during the project duration. BV will provide weekly project update calls
to assigned City staff (ADA Coordinator) to keep schedule current.
o Task 2 – Project Kickoff: Meet with City staff to introduce the proposed project tasks,
schedule, and method of prioritizing barrier removals. Coordinate with City staff to identify
and collect necessary documents to support Self-evaluation process and facilities survey.
o Task 3 – Initiate Self-evaluation:
▪3A: Meet with major public facing departments ADA Liaisons (Parks & Rec., Police,
Fire, Codes & Permitting, Public Works, Library, Health) to begin review ordinances,
policies, and procedures of programs, services, and activities.
▪3B: Provide instructions and handouts to ADA Liaisons and describe how they can
perform reviews of item 3A and by what scheduled date the reviews are due back to BV
for compiling.
▪3C: Work with ADA Liaisons to ensure they understand their responsibilities to update
the final ADA Transition Plan in future years.
o Task 4 – Facilities Survey:
▪4A: Public buildings – Survey three (3) City buildings (City Hall, Court House, and
Library) to determine compliance and non-compliance with ADA regulations.
▪4B: Public parking lots – Survey three (3) public parking lots (City Hall, Court House,
and Library) to determine compliance and non-compliance with ADA regulations.
▪4C: City parks – Survey up to three (3) city parks to review shelters, restrooms, sport
courts, fields, pools, concession stands, playground equipment, pedestrian and bicycle
trails.
▪4D: Signalized intersections – Survey up to fifteen (15) city owned and maintained
signalized intersections. BV will evaluate curb ramps and sidewalks leading to each
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intersection. Signage at each intersection will also be reviewed. Which intersections to
survey depends on City staff input, traffic volumes, and adjacent land uses.
▪4E: Sidewalks – Survey up to four (4) miles of City sidewalks, curb ramps, and path of
travel along arterial roadways. Which City sidewalks, curb ramps, and path of travel to
survey depends on City staff input, traffic volumes, pedestrian use, and adjacent land
uses.
o Task 5 – Survey Data Reporting:
▪5A: BV will create a survey and cost reporting for each facility noted in Task 4. Each
survey report will note compliance status with ADA and State standards and include the
following:
•Listing of facilities in compliance.
•Listing of facilities not in compliance.
•Recommended actions to resolve non-compliance elements.
•Prioritize list of recommended actions based on agreed upon methodologies
between BV and City staff.
•Assign conceptual costs and budget based on prioritized list of recommended
actions.
•Provide photo log of each facility surveyed.
•Provide listing of sidewalks, curb ramps, and signalized intersections data for
compiling into City GIS system.
▪5B: Review City Boards and Commissions policies and procedures for compliance with
ADA regulations.
Phase 2B: ADA Transition Plan
•Scope:
o Task 1 – Coordinate with ADA Coordinator on strategy for developing Transition Plan
including review of City ordinances, design standards relating to sidewalks, curb ramps,
Identify policies and procedures for compliance with ADA regulations.
o Task 2 – Develop survey process to assist ADA Coordinator with evaluating accessibility
improvements identified in Phase 2A: ADA Self-evaluation. Utilize prioritization
methodology developed within Phase 2A for recommended improvements.
o Task 3 – Assist ADA Coordinator in creating an implementation schedule for accessibility
improvements. Prioritize improvements by facility type, severity, and cost estimates.
o Task 4 – Review and recommend exceptions and exemptions that may apply under ADA
regulations such as historic significance, alteration affecting fundamental nature of
programs, services, and activities, structural feasibility, and programs affected by financial
and administrative burden.
o Task 5 – Assist ADA Coordinator with defining on-going budget needed to implement the
Transition Plan and bring non-compliance elements into compliance. Help identify possible
external funding sources if applicable.
Phase 2C: Public Participation, Outreach, and City Staff Training
•Scope: The Department of Justice requires public entities to engage with the public during the
ADA Transition Plan development including appropriate consultation with individuals with
disabilities.
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o Task 1 – BV will facilitate one (1) public workshop for the City to review draft ADA Self-
evaluation and ADA Transition Plan.
o Task 2 – BV will prepare outreach materials and prepare brief summary of the workshop
and highlight actions items.
o Task 3 – Conduct ADA Coordinator and Liaisons training relating to disabilities etiquette,
technologies, and procedures that can assist City staff in providing services to people with
disabilities.
Phase 2D: Meetings, Presentation to Council, and Documentation
•Scope:
o Task 1 – Progress Meetings: BV will conduct up to three (3) on-site meetings during the
project period. Other meetings can be conducted by conference calls with ADA Coordinator
and Liaisons.
o Task 2 – City Council Meeting: BV will conduct one (1) meeting to introduce the project to
Council and present the final ADA Self-evaluation and ADA Transition Plan.
o Task 3 – Summary Documents: Provide meeting minutes after on-site meetings or
conference calls to help guide ADA Coordinator and Liaisons.
o Task 4 – Draft ADA Self-evaluation and ADA Transition Plan: Based on the ADA Self-
evaluation process as detailed on Phase 2A, the documents will include the following:
▪4A: Executive summary describing the project purpose, process, and significant
findings.
▪4B: Review of policies, procedures, and recommendations for improvement as noted in
Phase 2A.
▪4C: A schedule that is developed in phases with cost estimates for the removal of
accessibility barriers that cannot be resolved through changes to program or services by
relocating, using auxiliary aides, or providing equivalent facilitation.
▪4D: BV will provide reproducible hard copies of the ADA Self-evaluation and ADA
Transition Plan and electronic PDF format to the City ADA Coordinator for use and
distribution.
o Task 5 – Final ADA Self-evaluation and ADA Transition Plan: Following the review of
the draft plans as noted in Task 5, BV will incorporate comments and prepare final plans for
ADA Coordinator use and distribution.
o Task 6 – Final Deliverables:
▪6A: Two (2) paper copies each of Draft ADA Self-evaluation and ADA Transition Plan.
▪6B: Two (2) paper copies of Final ADA Transition Plan and one (1) PDF copy including
any appendices.
▪6C: One (1) electronic GIS copy of all field data compatible with City GIS system.
HYGIENE SAFETY EXCELLENCE
BVNA has launched a certification label based on health measures to accompany the resumption of
activity in various industries, both private and public. The Hygiene Safety Excellence Certification
program assists with reopening facilities and services. Our partnership with the Cleveland Clinic
provides clear guidance and ensures confidence for both internal employees and the public as
programs and services resume. This certification program includes the following five phases. All
phases may be selected or individual phases may be selected to match the needs requiring assistance
and BVNA will assist accordingly.
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I.CONSULTING: Build a detailed Hygiene Safety Excellence (Guide) for prevention and safety.
II.TRAINING AND COMMUNICATION: Create and administer communication/training kits for
good hygiene practices for all employees (optional collaboration initiatives between Client
marketing and BV marketing to promote hygiene safety).
III.INITIAL AUDIT: Complete initial audit and reporting of hygiene protocols and operational
requirements (optional surface testing if requested).
IV.HYGIENE SAFETY EXCELLENCE LABEL: Apply for Hygiene Safety Excellence Certification
(and install Certification label).
V.SURVEILLANCE: Continue ongoing auditing and testing in order to comply with the Hygiene
Safety Excellence (Guide).
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ATTACHMENT B
FEE SCHEDULE
CONSTRUCTION CODE SERVICES
Fee Table 1 - Commercial and Multi-Family construction plan review
Valuation Fee
$1.00 to $10,000.00 $50.00
$10,001.00 to $25,000.00 $70.69 for the first $10,000.00 plus $5.46 for each
additional $1000.00
$25,001.00 to $50,000.00 $152.59 for the first $25,000.00 plus $3.94 for
each additional $1000.00
$50,001.00 to $100,000.00 $251.09 for the first $50,000.00 plus $2.73 for
each additional $1000.00
$100,001.00 to $500,000.00 $387.59 for the first $100,000.00 plus $2.19 for
each additional $1000.00
$500,001.00 to $1,000,000.00 $1,263.59 for the first $500,000.00 plus $1.85 for
each additional $1000.00
$1,000,001.00 and up $2,188.59 for the first $1,000,000.00 plus $1.23
for each additional $1000.00
Fee Table 2 - Commercial and Multi-Family construction inspection
Valuation Fee
$1.00 to $10,000.00 $76.92
$10,001.00 to $25,000.00 $108.75 for the first $10,000.00 plus $8.40 for
each additional $1000.00
$25,001.00 to $50,000.00 $234.75 for the first $25,000.00 plus $6.06 for
each additional $1000.00
$50,001.00 to $100,000.00 $386.25 for the first $50,000.00 plus $4.20 for
each additional $1000.00
$100,001.00 to $500,000.00 $596.25 for the first $100,000.00 plus $3.36 for
each additional $1000.00
$500,001.00 to $1,000,000.00 $1,940.25 for the first $500,000.00 plus $2.85 for
each additional $1000.00
$1,000,001.00 and up $3,365.25 for the first $1,000,000.00 plus $1.89
for each additional $1000.00
Fee Table 3 - Construction or Improvement of a Residential Dwelling
New Residential Construction
Plan Review and Inspection Fee
Square Footage (S.F.)Fee
0 - 1,500 S.F.$785.00
1,501 - 10,000 S.F.$785.00 for the first 1,500 S.F. plus $0.35 for each
additional S.F. to and including 10,000 S.F.
Over 10,000 S.F.$3,760.00 for the first 10,000 S.F. plus $0.15 for
each additional S.F. over 10,000 S.F.
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Plan Review Only
Plan Review Fee Only
Per Dwelling Unit, a new plan for previously
reviewed plan or Master Plan
$200.00 per Plan or per Address
Plan review fee when a permit has been issued
for the dwelling and the construction plans are
altered such that an additional plan review is
required (excludes new plan)
$150.00 per Plan or per Address
Alterations / Additions / Improvements for Residential Construction
Trade Permits Fee
Building, Mechanical, Electrical, Plumbing, Fuel
Gas and similar $100.00 per trade
Other project types not listed above $160.00 per trade
Miscellaneous residential projects such as, but
not limited to, Accessory Structures, Fences,
Pools, etc.
See Fee Table 2
All fees billed upon issuance of the permit by the jurisdiction
Back-up inspections
Backup inspections will be performed during times of inspector absence due to illness, vacation
or training at the listed rates. All other project activity will utilize the tables above.
Single Family Residential
Commercial and non-Single Family Residential
$76.92 per address/building
$125.00 per address/building/unit
FIRE SERVICES
Single Family Residential Fire Services
Fire Code Plan Review Services $175.00
Fire Code Inspection Services $400.00
Fire Code Plan Review Services - Commercial and Multi-Family construction
(Fire Alarm System & Fire Sprinkler System)
Valuation Fee, Each System
Less than $6,250 $200.00
$6,250 to $250,000 $300.00
$251,000 to $500,000 $425.00
$501,000 to $1,000,000 $550.00
$1,001,000 to $3,000,000 $800.00
$3,001,000 to $6,000,000 $1,200.00
$6,000,000 and up $1,200.00 plus $0.38 for each additional $1,000.00
Fire Code Inspection Services - Commercial and Multi-Family construction
(Fire Alarm System & Fire Sprinkler System)
Valuation Fee, Each System
Less than $6,250 $300.00
$6,250 to $250,000 $425.00
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$251,000 to $500,000 $525.00
$501,000 to $1,000,000 $675.00
$1,001,000 to $3,000,000 $950.00
$3,001,000 to $6,000,000 $1,425.00
$6,000,000 and up $1,425.00 plus $0.38 for each additional $1,000.00
Valuation is based on construction valuation for project
Fire Underground
Fire Code Plan Review (1 hour minimum)$100.00 per hour
Fire Code Plan Inspection (1 hour minimum)$250.00 per hour
Fire Extinguisher Suppression System
Per permit, one Inspection $450.00
Each re-inspection $100.00
Fire Certificate of Occupancy Inspections
Fire Certificate of Occupancy inspections
Minimum one hour per inspection
$150.00 per hour
Annual Fire Safety Inspections
Day Care, Foster Home, Commercial Business
(each inspection and re-inspection per location)
$100.00
Nursing Home / Assisted Living / School
(each inspection and re-inspection per location)
$250.00
Underground / Aboveground Fuel Storage Tanks
Fire Code Plan Review $350.00
Fire Code Inspection $450.00
Site Plan
Fire Code Plan Review (2 hour minimum)$250.00 per hour
Fire Code Plan Inspection (2 hour minimum)$250.00 per hour
The construction valuation is determined by the greater of the declared valuation of the project or the
valuation calculated using the International Code Council Building Valuation Data table, first update of
each calendar year.
Example:
Square Foot Construction Costs
Group
(2018 International
Building Code)IA IB IIA IIB IIIA IIIB IV VA VB
B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08
The Square Foot Construction Cost does not include the price of the land on which the building is built.
The Square Foot Construction Cost takes into account everything from foundation work to the roof
structure and coverings but does not include the price of the land. The cost of the land does not affect
the cost of related code enforcement activities and is not included in the Square Foot Construction Cost.
New Building
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Group B occupancy
Type VB construction
10,000 square feet total building area
Declared construction valuation $1,200,000.
Calculated construction valuation - 10,000 square feet X $136.08 per square foot = $1,360,800.
The calculated construction valuation is greater than the declared construction valuation so $1,360,800
is used to calculate the Bureau Veritas fee for the project.
* Note: BVNA fees do not include any taxes, licensing or other fees imposed by governmental or outside
agencies.
HEALTH SERVICES
PER INSPECTION ONLY:
Food Service Inspections - Per each inspection
•Permanent Food Establishment Inspection
•Mobile Food Vendor (Hot and Cold Truck) Inspection
•Seasonal Vendor Inspection
•Public Swimming Pool Inspection
1 - 150 per year -
$150.00
Each after 150 -
$125.00
Temporary Event Inspection - Per each vendor permit (up to 5 permits per
event)
$100.00
(6 or more permits per event)$150.00 per hour
Minimum two hours
Complaint Investigation - Per each complaint $150.00
Consultation outside of the aforementioned scope of services: Health Plan
review, Health Final and CO inspections and/or for each re-inspection.
Minimum one hour
$150.00 per hour
PUBLIC WORKS SERVICES
Public Works Inspection Only 2.5% of the cost of construction
Public Works Plan Review & Inspection 3.0% of the cost of construction
Temporary Back Up Inspection $150/hour, minimum 4 hours.
PLANNING AND MAPPING SERVICES
Fixed Fees (Based on estimated population in $/1,000 people, minimum 5,000 people)
Comprehensive Planning and Mapping
Item Elements
Cost / 100
people Min. Hours
1
Base Planning
a. Base Map*
b. Land Use
c. Population
d. Housing+D45 $2,000 67
2 Parks & Recreation $750 25
3 Thoroughfare Plan $750 25
4 Central Business District Planning $1,250 42
5 Zoning Ordinance
(fixed fee)
$6,500 43
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6 Subdivision Ordinance
(fixed fee)
$6,500 43
7 Streets Condition Study $700 23
8 Water Study Distribution and Supply $1,000 33
9 Wastewater Collection and Treatment $1,000 33
10 Capital Improvement Plan $300 10
11 Digital Map preparation*$1,000 33
12 Citizen Participation $1,250 42
As a minimum Item 1 and 12 must be included in any study except Item 11 which is a standalone
element
* Assume easy access to documents - additional research listed under additional services
Hourly Fees
Available Planning Services
Element Cost
Site Plan Review $150 per hour (1 hour minimum)
Site Plan Preparation $150 per hour (1 hour minimum)
Zoning Application Review $150 per hour (1 hour minimum)
SUP Application Review $150 per hour (1 hour minimum)
Zoning Board of Adjustment Application Review $150 per hour (1 hour minimum)
Sign Application Review $150 per hour (1 hour minimum)
Zoning Case Ordinance Preparation $150 per hour (1 hour minimum)
Plat Review - Planning Perspective $150 per hour (1 hour minimum)
Public Hearing Notice map and ownership list (City Mails)$150 per hour (1 hour minimum)
Zoning Map Updates $150 per hour (1 hour minimum)
911 Address mapping (First Time)
$1,000 per
person Min. 33 hours
911 Address mapping updates $150 per hour (1 hour minimum)
City Council/Planning and Zoning Meeting $225 per hour (1 hour minimum)
Contract Planning Director $175 per hour (1 hour minimum)
Contract Planner $150 per hour (1 hour minimum)
Contract work for Developer interests $150 per hour (1 hour minimum)
Easement Acquisition Negotiator $150 per hour (1 hour minimum)
Additional Services $150 per hour (1 hour minimum)
* Assume easy access to documents - additional research listed under additional services
Reimbursable Expenses ($150 per hour)
Reimbursable expenses shall include, but not be limited to, the following:
Mileage (Per current IRS rate)
Domestic Travel Per Diem (Per current GSA rate plus lodging)
Other Direct Project Expenses (at cost plus 15%) including:
• Printing, graphics, photography and reproduction
• Special shipping
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ADA SERVICES
Grand Total for Phase 1 Scope of Work
Phase 2 Details Number of
Hours
Rate per
Hour
Sub-total
1A – ADA Coordinator & Liaisons Selection & Training 40 $150.00 $6,000.00
1B – ADA Notice Development & Distribution 40 $150.00 $6,000.00
1C – ADA Grievance Procedure Development &
Distribution
40 $150.00 $6,000.00
1D – ADA Training of City Staff of Public Facing Depts.56 $150.00 $8,400.00
Grand Total:176 (1.5 wks)$26,400.00
Grand Total for Phase 2 Scope of Work
Phase 2 Details Number of
Hours
Rate per
Hour
Sub-total
2A – ADA Self-evaluation 576 $150.00 $86,400.00
2B – ADA Transition Plan 96 $150.00 $14,400.00
2C – Public Participation, Outreach, and City Staff
Training
40 $150.00 $6,000.00
2D – Meetings, Presentation to Council, and
Documentation
168 $150.00 $25,200.00
Grand Total:880 (5.5
mos.)
$132,000.00
Note that any additional services above and beyond the scope of work noted above will incur additional
fees which BV can review and provide cost estimates to accommodate the City.
HYGIENE SAFETY EXCELLENCE
Service(s)Related
Protocol(s)
Fee(s)
Consulting – Hygiene Safety
Excellence Protocol (Guide)
Client Specific
(One-time fee)
$1,250 per man day
eLearning platform and sector
specific modules
Client Specific $15 per user, plus
•One-time setup cost $500
•Optional custom portal per unique module /
department function ($2,000)
Physical Audit Client Specific $1,450 estimate per Facility*
Surface Testing (optional)**Client Specific Pricing available for review
Certification Client Specific $195 estimate per Facility
*The fee for a larger-sized building may be a higher fee than the estimated Fee shown in the Table.
BVNA will propose a fee per facility.
**BVNA recommends 10 surface tests per property of random surfaces of service counters, etc.
Page 72 of 109
TOWN COUNCIL COMMUNICATION
MEETING DATE: May 12, 2025
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a
professional service agreement with Teague Nall and Perkins, Inc. for a not-to-
exceed amount of $686,000 for survey, utility engineering, ROW acquisitions,
civil engineering, bidding and construction administration, grant coordination,
and construction inspection services for the Bobcat Traffic Improvements
project. (Matt Cox, Director of Community Development)
BACKGROUND/SUMMARY: The Bobcat Traffic Improvements project is a multiphase effort
aimed at improving traffic safety, circulation, and pedestrian mobility in the area surrounding
Bobcat Boulevard, particularly at key intersections near Byron Nelson High School and Medlin
Middle School. In the FY 2025 Budget, the Town Council allocated funding for this initiative
through Bond Series 2023 ($2.5 million) and a Denton County Transportation Road
Improvement Program grant ($2 million) totaling $4.5 million in available capital.
A Town-wide survey conducted in 2024 provided residents the opportunity to voice their
transportation and safety concerns, and feedback from that survey directly informed the
selection of project priorities. Following a comprehensive traffic study conducted by Lee
Engineering, several improvement options were presented to the Town Council in late 2024.
After review and public discussion, the Council directed staff to move forward with a
roundabout at the intersection of Bobcat Boulevard and Marshall Creek Road. This roundabout
will be supplemented with pedestrian enhancements, including crosswalks with flashers and
sidewalk extensions to improve safe access to nearby schools.
Page 73 of 109
To deliver this project, staff solicited a detailed scope and fee proposal from Teague Nall and
Perkins, Inc. (TNP), the Town’s engineering consultant for street projects. TNP’s proposal
outlines a comprehensive package of professional services necessary to take the project from
survey through construction completion.
Key elements of the proposal include:
• Topographic and boundary survey
• Preparation of five right of way/easement documents and acquisition support for three
parcels
• Subsurface utility engineering (SUE) to Quality Level B
• Full civil, landscape, and irrigation design for the roundabout and approaches
• Bid phase support and construction administration
• On-site construction inspection services for paving and storm drain improvements
Page 74 of 109
• Grant coordination to ensure compliance with funding requirements
The Bobcat Traffic Improvements project strongly supports the Town’s Strategic Plan 2025–
2030 by advancing key priorities such as infrastructure enhancement, community safety, and
improved quality of life. It also aligns with FY 2025 Business Plan Goal Two – Address Traffic
and Mobility Concerns, which emphasizes solutions that ease congestion and improve
transportation Town-wide. This project embodies the Council’s commitment to collaborative
planning and public engagement by incorporating resident feedback from the Town-wide
survey into final project decisions. By improving key intersections and creating safer pedestrian
crossings, the project demonstrates measurable progress toward Council-approved objectives.
The not-to-exceed fee for these services is $686,000, which is within the budget adopted for
professional services in FY 2025.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: Funding for the professional services agreement is available in the FY 2025
Capital Improvement Program. The Bobcat Traffic Improvements project is supported by Bond
Series 2023 proceeds in the amount of $2.5 million and a Denton County 2022 Transportation
Road Improvement Program grant. The total professional services expenditure of $686,000
represents approximately 15% of the overall project budget and is typical for a project of this
scope and complexity.
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the contract as to form and
legality.
ATTACHMENTS:
1. Professional Service Agreement
2. Lee Engineering Site Description
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to consider authorizing the Town Manager to
negotiate and execute a professional service agreement with Teague Nall and Perkins, Inc. for a
not-to-exceed amount of $686,000 for survey, utility engineering, ROW acquisitions, civil
engineering, bidding and construction administration, grant coordination, and construction
inspection services for the Bobcat Traffic Improvements project.
Page 75 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 1
AUTHORIZATION AND AGREEMENT FOR PROFESSIONAL SERVICES
PROJECT NAME: Town of Trophy Club – Bobcat & Marshall Creek Roundabout and Associated
Roadway Improvements
TNP PROJECT NUMBER: TRO 25XXX
CLIENT: Town of Trophy Club
Attn: Brandon Wright, Town Manager
ADDRESS: 1 Trophy Wood Drive
Trophy Club, TX 76262
In accordance with Texas Gov’t Code Ch. 2254, the Town of Trophy Club (the CLIENT) has determined
that the CONSULTANT is the most highly qualified provider of professional services for this project on
the basis of demonstrated competence and qualifications and hereby requests and authorizes Teague
Nall and Perkins, Inc., (the CONSULTANT) to perform the following services:
Article I
SCOPE: Provide Civil Engineering services associated with the street reconstruction improvements
for Bobcat & Marshall Creek Roundabout and Associated Roadway in Trophy Club, Texas,
as generally shown on Attachment ‘D’.
A detailed scope of services is included as Attachment ‘A’ and is made a part hereto.
(
Article II
COMPENSATION shall be on the basis of the following:
A. Basic Services: The CONSULTANT’s compensation for Basic Services included in Attachment
‘A’ shall be based on a Fixed Fee:
• Topo & Boundary Survey $ 45,000
• ROW Easement Documents ($3,000/each) – 5 easements $ 15,000
• Easement Acquisition Support (assume 3 parcels) - as needed $ 21,000
o Negotiation Services ($5,500 per parcel) - $ 16,500
o Title Research & Recording Services ($1,500 per parcel) - $4,500
• SUE (Subsurface Utility Engineering) $ 35,000
• Civil Engineering $ 365,000
• Bidding and Construction Administration $ 40,000
• Landscape Architecture & Irrigation Design $ 50,000
• Construction Inspections $ 100,000
• Grant Coordination and Submission $ 15,000
The above costs include expenses such as prints, plots, photocopies, plans or documents on CD,
DVD or memory devices, mileage, air fare, and lodging. Payment to the CONSULTANT shall be
due in monthly installments based on the CONSULTANT’s estimate of the percentage of the
contact completed during the billing period.
Page 76 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 2
B. Special Services: Services required for the project, but not included in the fixed fee for Basic
Services, are considered Special Services. The CONSULTANT’s compensation for Special
Services included in Attachment ‘A’ may be on a Fixed Fee, Hourly Reimbursable, or Unit Cost
basis. Refer to Attachment 'B-1’ Compensation Summary for the compensation basis for Special
Services.
Fixed Fee Compensation for Special Services: Payment shall be as described above for Basic
Services.
Hourly Reimbursable Compensation for Special Services: Payment shall be due in monthly
installments based on the amount of hours worked by each employee and the CONSULTANT’S
current standard rates presented in Attachment ‘B’ Standard Rate Schedule.
Unit Cost Compensation for Special Services: Payment to CONSULTANT shall determined by
the quantity (per Each or per LF) completed times the Unit Price reflected in Attachment ‘B-2’
Compensation Summary. Payment shall be due in monthly installments based on the quantity
completed during the billing period.
C. Additional Services: Any service provided by the CONSULTANT which is not specifically
described in the scope of work for this contract as defined above or delineated in an attachment
shall be considered additional services. Additional services shall include, but shall not be limited
to:
1) Platting preparation, zoning applications, zoning exhibits, preliminary utility plans,
drainage studies, and preliminary drainage plans;
2) Preparation of Encroachment or Access Agreements;
3) Environmental Assessments;
4) Franchise Utility Extensions or Relocations;
5) Water of Sanitary Sewer Studies;
6) Screen Wall Design;
7) Storm Water Pollution Prevention Plan (SWPPP);
8) TxDOT Turn Lanes (Acceleration or Deceleration);
9) LEED Certification Design;
10) Geotechnical Engineering;
11) Lift Station Design;
12) Electrical Engineering;
13) Onsite Water Storage Tank or Fire Pump System;
14) Permitting;
15) Enhanced Median/Roundabout Improvements;
16) Construction staking
Upon written authorization from the CLIENT, the CONSULTANT will perform Additional Services.
Payment to the CONSULTANT for Additional Services shall be on a Fixed Fee or Hourly
Reimbursable basis, as described above.
D. Fees: Any permit fees, filing fees, or other fees related to the project and paid on behalf of the
client by the CONSULTANT to other entities shall be invoiced at 1.10 times actual cost.
E. Payment Terms: CLIENT shall be billed monthly for services rendered and pay promptly upon
receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from
invoice date may result in cessation of services until payment is received.
Page 77 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 3
F. Compensation Summary: A summary of project fees is included in Attachment ‘B-1’.
G. Sample Invoice: The CONSULTANT’S invoice format will match the sample invoice included in
Attachment ‘B-2’.
Article III
SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A project
schedule is included as Attachment 'C’ and made a part hereto.
Article IV
CONTRACT PROVISIONS: The document entitled “Contract Provisions” which are attached hereto is made a
part hereof. This Authorization of Professional Services, together with the Contract Provisions and all other
exhibits attached hereto are collectively referred to as the “Agreement”.
Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as
notice to proceed. No work shall commence on the project until CONSULTANT receives an executed copy of
this contract. By signing below, the signer warrants that he or she is authorized to execute binding contracts for
the CLIENT.
Approved by CLIENT: Accepted by CONSULTANT:
Town of Trophy Club Teague Nall and Perkins, Inc.
By: By: Michael Wilson
Title: Title: Principal
Date: Date: 04.18.2025
Firm Contact Information:
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817-336-5773
Contact: Mike Wilson
TNP Firm Registrations
Texas Board of Professional Engineers and Land Surveyors | Engineering Firm No. F-230 | Surveying Firm No. 10011600 | 10194381 | 10011601
Texas Board of Architectural Examiners Firm No. BR 2673
Page 78 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 4
CONTRACT PROVISIONS
1 AUTHORIZATION TO PROCEED
Signing this agreement shall be construed as authorization by CLIENT for CONSULTANT to proceed with the work, unless otherwise provided for in this agreement.
2. DIRECT EXPENSES
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices,
and mileage. No individual or separate accounting of these items will be performed by TNP.
3. OUTSIDE SERVICES
When technical or professional services are furnished by an outside source, subject to reasonable, timely and substantive objections of CLIENT, an additional
amount shall be added to the cost of these services for CONSULTANT's administrative costs, as provided herein.
4. OPINION OF PROBABLE COST
In providing opinions of probable cost, the CLIENT understands that CONSULTANT has no control over costs or the price of labor, equipment, or materials, or
over the Contractor’s method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional’s
qualifications and experience. CONSULTANT makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.
5. PROFESSIONAL STANDARDS
The standard of care for all professional engineering and services performed or furnished by CONSULTANT shall be the care and skill ordinarily used by other
members of the relevant profession in the same circumstances and type of work in the State of Texas, and with the same level of professional and technical
soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization as other members
of the same profession in the same circumstances and location. CONSULTANT makes no other warranty, expressed or implied concerning the standard of care.
Subject to the above standards of care, CONSULTANT may use or rely upon design elements and information ordinarily or customarily furnished by others,
including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
6. TERMINATION
Either CLIENT or CONSULTANT may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay
CONSULTANT in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and
obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization.
7. LEGAL EXPENSES
In the event legal action is brought by CLIENT or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as
may be set by the court.
8. PAYMENT TO CONSULTANT
Monthly invoices will be issued by CONSULTANT for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment
is not received within 30 days of invoice date, all work on CLIENT’s project shall cease and all work products and documents shall be withheld until payment is
received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT’s failure to render payment within 30 days of invoice
date. Interest at the rate of 1½% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the
highest amount permitted by law in accordance with Texas Gov’t Code Ch. 2251.
9. ADDITIONAL SERVICES
Services not specified as Basic Services in Scope and Attachment ‘A’ will be provided by CONSULTANT as Additional Services when authorized by the CLIENT.
Additional services will be paid for by CLIENT as indicated in Article II, Compensation.
10. SALES TAX
In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will not be
added on or collected as the Client is tax exempt under Texas law.
11. SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded
to the Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, (512) 440-7723.
12. LANDSCAPE ARCHITECT SERVICES
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects
in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby
Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701, Telephone (512) 305-9000, Fax (512) 305-8900.
13. INVALIDITY CLAUSE
In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall
not be impaired thereby.
14. PROJECT SITE SAFETY
CONSULTANT has no duty or responsibility for project site safety.
15. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY
Means and methods of construction and jobsite safety are the sole responsibility of the contractor. CONSULTANT shall not: (I) at any time supervise, direct,
control, or have authority over any contractor’s work, or (ii) be responsible for construction site safety, the means and methods of construction or the safety
Page 79 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 5
precautions a selected or used by any contractor. CONSULTANT shall not be responsible for any decisions, acts or omissions of any constructor.
16. OWNER RESPONSIBILITY
CLIENT shall be responsible for all requirements and instructions that it furnishes to CONSULTANT pursuant to this Agreement, and for the accuracy and
completeness of all programs, reports, data, and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement CONSULTANT may use
and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any
express limitations or reservations applicable to the furnished items. CLIENT shall give prompt written notice to CONSULTANT whenever CLIENT observes or
otherwise becomes aware of: (i) any hazardous materials or matters that affect the scope or time of performance of CONSULTANT's services; or (ii) any defect
or nonconformance in CONSULTANT’s services or the contractor’s work; provided, however, this Section 16 shall not relieve CONSULTANT of its obligations
under Texas Business and Commerce Code Ch. 59 or any other law, and this Section 16 shall not be construed as a limitation or waiver of CLIENT under Texas
Civil Practice and Remedies Code Ch. 16.
17. SITE VISITS
In the event the Scope of work requires CONSULTANT to make site visits to observe contractor’s work on a Project, such visits and observations are not intended
to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the work, but rather are to be limited to spot checking, selective
sampling, and similar methods of general observation of the work based on CONSULTANT’s exercise of professional judgment. CONSULTANT will have no
responsibility for any defects in the work not actually discovered by CONSULTANT during such site visits.
18. CHOICE OF LAW; VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to applicable principles of conflicts of law.
Each of the parties hereto irrevocably consents to the exclusive jurisdiction of any federal or state court located within Denton County, Texas, in connection with
any matter based upon, arising out of, or contemplated in this Agreement.
19. DOCUMENTS
A. All documents prepared by CONSULTANT (“Documents”) are instruments of service, purchased with public funds and shall be become the property of the
Town upon payment whether or not the subject project (“Project”) is completed. CLIENT may make and retain copies of Documents for information and reference
in connection with the use of the Documents on the Project and for other municipal purposes related to this Agreement., and will have the right to use the Documents
only on the Project, extensions of the Project, and for other related uses, subject to receipt by CONSULTANT of full payment due and owing for all services relating
to preparation of the Documents, may not be used unless completed and not for any work or purpose not intended.
B. CLIENT and CONSULTANT may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in
electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol.
20. ATTORNEY FEES
In the event that any suit or action over the enforcement, interpretation or other matter emanating from this Agreement, the prevailing party in such dispute shall be
entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement,
including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses
of appeals.
21. MISCELLANEOUS
21.1. This Agreement is binding on and will inure to the benefit of each of the parties and their respective successors and legal representatives. Neither party
may assign this Agreement in whole or in part without the prior written consent of the other party. There are no third party beneficiaries. Any provision or part of
the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon the parties. non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision
or of the remainder of this Agreement.
21.2. Insurance. The CONSULTANT shall effect and maintain insurance to protect itself from claims under workmen's compensation act's claims for damages
because of bodily injury, including personal injury; sickness or disease; death of any of its employees; and from claims for damages because of injury to or
destruction of tangible property, including loss of use resulting therefrom; and from claims arising out of the performance of professional services caused by any
errors, omissions, or negligent acts for which it is legally liable. The CONSULTANT shall provide to the TOWN a copy of the Certificate of Insurance naming
TOWN as an additional insured.
21.3. Indemnity. The CONSULTANT shall indemnify and hold harmless the CLIENT and its officers, agents, and employees from the liability of the CLIENT on
account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorney fees incurred by
the CLIENT, proximately caused by the negligent acts or omissions of the CONSULTANT or its officers, agents, employees, or subcontractors in the execution,
operation, or performance of this Agreement. This indemnity provision shall be construed in compliance with Texas Local Gov’t Code Sec. 271.904, to the
greatest extent allowed by law. In the event of a conflict between this paragraph and Texas Local Gov’t Code Sec. 271.904, then Sec. 271.904 shall supersede
this Agreement and shall be made enforceable under this Agreement.
21.4. Additional Verifications. To the extent required by Texas law, the CONSULTANT 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
this 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, as amended, and it will not boycott Israel during the term of this 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; and
(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.
Page 80 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 6
21.5. Non-collusion. The CONSULTANT represents and warrants that the CONSULTANT has not given, made, promised or paid, nor offered to give, make,
promise or pay any gift, bonus, commission, money or other consideration prohibited by law to any person as an inducement to obtain the services to be provided
to the CLIENT under this Agreement.
21.6. Governmental Functions. The Parties hereby acknowledge and agree that the CLIENT is entering into this Agreement pursuant to its governmental functions
and that nothing contained in this Agreement shall be construed as constituting a waiver of the CLIENT’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 CLIENT’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.
21.7. Adverse Interests. The CONSULTANT further agrees that during the course and scope of this Agreement, except with CLIENT’s knowledge and consent,
the CONSULTANT shall not represent any third party against the CLIENT 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 CLIENT, as determined by the CLIENT.
21.8. Ethics Disclosure. To the extent required by law, the CONSULTANT 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 CLIENT and the contract identification number, the CLIENT
is not responsible for the information contained in the Form 1295. The information contained in the Form 1295 has been provided solely by the CONSULTANT
and the CLIENT has not verified such information.
21.9. Public Funding. This Agreement is subject to the appropriation of public funds by the CLIENT 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 CLIENT pursuant to this Agreement in any fiscal year for which
this Agreement is in effect shall constitute a current expense of the CLIENT for that fiscal year only, and shall not constitute an indebtedness of the CLIENT 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.
21.10. Public Information; Confidentiality. The CONSULTANT will maintain as confidential any documents or information provided by CLIENT and will not release
or publish same to any third-party without prior permission from CLIENT, 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 CLIENT. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this
Agreement and the CONSULTANT agrees that this Agreement may be terminated if the CONSULTANT knowingly or intentionally fails to comply with a
requirement of that subchapter.
Page 81 of 109
Project Name: West Exchange Hotel Development
Client: FCC West Exchange Property Owner, LLC
TNP Project #: TBD
Date: 04.03.2025 Page 7
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
Teague Nall and Perkins, Inc., (TNP) shall render the following professional services necessary for the development of the project: BASIC SERVICES
TOPO AND BOUNDARY SURVEY
1. Establish horizontal control points as needed throughout the project. The basis of bearings will be the
Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010).
2. Title research and deeds obtained of the subject property and the adjoining property owners.
3. A thorough investigation of boundary markers/corners will be made on the subject property and the
adjoining property.
4. A boundary analysis of the property will be made by a Registered Professional Land Surveyor.
5. Establish vertical benchmarks as needed throughout the project.
6. The visible improvements such as curbs, walks, fences, buildings, signs, etc. will be located and
shown on the survey.
7. Visible utilities such as power poles, manholes and valves etc. will be located.
Deliverable = Existing Property base and Topographic drawing in digital format showing 1foot contour intervals
and the items listed above for design purposes. Data will be delivered in Texas Coordinate System of 1983
North Central Zone (4202).
EASEMENT DOCUMENTS (SEPARATE INSTRUMENT R.O.W. EXHIBITS)
1. Title research and deeds obtained of the subject property and the adjoining property owners.
2. A thorough investigation of boundary markers/corners will be made on the subject property and the
adjoining property.
3. A boundary analysis of the property will be made by a Registered Professional Land Surveyor.
4. 5/8” iron rods with plastic caps “TNP” will be set for property corners where or when necessary.
5. A metes and bounds description will be prepared, signed and sealed by a Registered Professional
Land Surveyor.
6. A survey sketch will be prepared and signed/sealed by a Registered Professional Land Surveyor.
Deliverable = Separate Instrument exhibit and Legal Description for filing. 2 separate easements will be required
for each parcel – Sanitary Sewer Easement and Temporary Construction Easement. Data will be delivered in
Texas Coordinate System of 1983 North Central Zone (4202) scaled to Surface with a combined scale factor
supplied.
Page 82 of 109
Project Name: West Exchange Hotel Development
Client: FCC West Exchange Property Owner, LLC
TNP Project #: TBD
Date: 04.03.2025 Page 8
RIGHT OF WAY ACQUISITION SUPPORT (3 PARCELS)
1. Negotiation Services
a. Utilize County Appraisal District information and other online tools to locate contact information
for the impacted landowners.
b. Analyze ownership & lien report to determine property vesting.
c. Contact the landowners to update them on the project and see if they are willing to donate the
needed easement for the project.
d. Obtain an Ownership and Lien report for each parcel.
e. Prepare the initial letter, instruments of conveyance, and any other documents required or
requested by the CLIENT, on CLIENT approved forms.
f. Develop an initial offer value based on estimated unit valuations from the Appraisal District.
g. Once approved by the CLIENT, send an offer letter, and required brochures to each
property owner or the property owner’s designated representative through CMRRR
(Certified Mail Return Receipt Requested). Maintain follow-up contacts and secure the necessary
instruments upon acceptance of the offer for recording with the County.
h. Make at least four (4) diligent attempts to negotiate with each property owner after which
negotiations will be considered exhausted.
i. Prepare and maintain a negotiator’s report for each parcel.
j. Receive any counteroffers from the property owner. Evaluate all counters and submit to and
discuss them with the CLIENT’s Project Manager.
k. Have the executed easement document filed in the County deed records and provide the CLIENT
with the filed copy.
2. Title Research and Recording (combined)
a. Secure ownership and lien reports from the Title Company.
b. Any fees related to obtaining certified court documents and fees for recording the same, shall be
direct pass- through fees at the exact cost.
c. PROVIDER shall cause the recordation of instruments conveying property to the CLIENT. The
cost of recording and filing fees is incorporated into the fixed fee for this service.
SUE (SUBSURFACE UTILITY ENGINEERING)
The following represents the general understanding between the Client and Engineer regarding the basis and/or
limitations under which these subsurface utility designating and/or locating services are provided:
1. These services will be conducted and provided in general compliance with CI/ASCE 38-22 (Standard
Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This standard establishes
and defines four quality levels for data collection that are briefly described as:
▪ Quality Level D (QL-“D”) – Generally QL-“D” indicates information collected or derived from research of
existing records and/or oral discussions.
▪ Quality Level C ( QL-“C”) - Generally QL-“C” indicates information obtained by surveying and plotting
visible above-ground utility features and by using professional judgment in correlating this information
to QL-“D” information. Incorporates QL-“D” information. (Limited in this scope, this scope is to cover
underground utility crossings)
Page 83 of 109
Project Name: West Exchange Hotel Development
Client: FCC West Exchange Property Owner, LLC
TNP Project #: TBD
Date: 04.03.2025 Page 9
▪ Quality Level B (QL-“B”) – Generally QL-“B”, also known as “designating” indicates information obtained
through the application of appropriate surface geophysical methods to determine the existence and
approximate horizontal position of subsurface utilities. Quality level B data should be reproducible by
surface geophysics at any point of their depiction. This information is surveyed to applicable
tolerances defined by the project and reduced onto plan documents. Incorporates QL-“D” & QL-“C”
information.
▪ Quality Level A (QL-“A”) - Generally QL-“A”, also known as “locating”, indicates the precise horizontal
and vertical location of utilities obtained by the actual exposure (or verification of previously exposed
and surveyed utilities) and subsequent measurement of subsurface utilities, at a specific point.
Incorporates QL-“D” QL-“C” & QL-“B” information.
2. These services are for the purpose of aiding the design of the subject project by providing information
related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated.
3. The Engineer will provide services that meet the standard of care for existing subsurface utility location
and mapping as established in CI/ASCE 38-22 by exercising due diligence with regard to records
research and acquisition of utility information, including visually inspecting the work area for evidence of
utilities and reviewing the available utility record information from the various utility owners. However,
the Engineer makes no guarantee that all utilities can or will be identified and shown as there still may
be utilities within the project area that are undetectable or unknown.
4. Facilities that are discovered through field investigative efforts by the Engineer but no plan records or
ownership data can be identified will be hereafter referred to as unknown. As part of these services, the
Engineer will provide QL-C information in the project deliverables for all unknown utilities that may be
identified in the field investigation of the project. Designating and/or locating unknown utilities will typically
not be part of the initial scope of work but depending on the client’s needs can be added as additional
work to address concerns of the project impacts of “unknown” facilities.
5. Ground penetrating radar will not be used as a part of the field investigation of the project site unless that
use has been specifically addressed with the scope of services described herein.
6. Test holes are very limited in size or diameter (typically 12 inches by 12 inches, or approximately 144
square inches). Given this limited size, some subsurface conditions may prevent the completion of test
holes, including rock(s), groundwater, large roots, other utilities & structures, etc. Test hole attempts
which cannot be completed due to site conditions will be documented and noted on the plans.
7. When test holes are used to locate utilities, the nominal pipe sizes of the targeted utility will be
documented and reported by using field measurements of the outside diameter (OD) of the pipe (to the
nearest inch). Based upon this field measured OD, the nominal pipe size will be determined using typical
pipe wall thickness data and other available data including record information. Pipe diameters that are
too large for measurement, encased or non-encased conduit duct banks and other concrete encased
systems which cannot be adequately measured will be reported based upon the best available
information.
8. The documented results produced by these services represent a professional opinion and interpretation
based upon record information and/or field evidence. These results may be affected by a variety of
existing site conditions, including soil content, depth of the utility, density of utility clusters, and electro-
magnetic characteristics of the targeted utilities. Also, the lack of and/or poor condition of a trace wire
for non-conductive materials such as PVC, HDPE, etc. in most cases will make the successful detection
and location of the utility unlikely.
Page 84 of 109
Project Name: West Exchange Hotel Development
Client: FCC West Exchange Property Owner, LLC
TNP Project #: TBD
Date: 04.03.2025 Page 10
9. The Engineer will apply professional judgment to determine which utilities require additional field effort
and/or methods to properly designate and/or locate, most commonly when record drawings are not
available. In such cases, the Engineer will provide a recommendation or request for additional services
to the Client. Among other methods, a detectable duct rodder or other conductor may be introduced into
the line to enable the designation of the utility. This method is dependent upon approval by the utility
owner, as well as access to, size and condition of the utility.
10. None of these services are intended to and should not be understood to relieve the Client or others from
the responsibility to comply with the statutory requirements related to notifying the proper one -call
system(s) in advance of any and all excavation, grading and/or construction within the project site.
SCOPE OF BASIC SERVICES:
The scope of subsurface utility designating and/or locating services for this project is described below. Survey
services to tie utility crossing marks and/or identifiers placed during the subsurface utility designating and/or
locating effort will be provided in this contract.
1. Quality Level ‘B’ through ‘D’ Utility Information & Designation – TNP will provide utility information, up to
QL-“B”, for the street reconstruction limits.
This work includes:
a. Requesting utility records on all crossing utilities from the Client, public utilities and private utility
companies known to provide service within the project area, as well as other sources, in an effort
to develop a comprehensive inventory of utility systems likely to be encountered. Record
documents may include construction plans, system diagrams, distribution maps, transmission
maps, geographic information system data, as well as oral descriptions of the existing systems.
The depiction of utilities from records (QL-“C” or “D”) will be based on thorough field and office
activities and shall be based on the most reliable indication of position available.
b. Visible surface features and appurtenances of subsurface utilities found within the project site
will also be evaluated. Using appropriate surface geophysical methods, TNP will search for
detectible indications of the location of anticipated subsurface utilities.
c. Marking all locations that can be validated, using paint, flags or other devices.
d. Preparing documentation of the utilities encountered and marked, including their general location,
orientation, type & size, if known.
e. Based on ASCE Standard 38-22 standards, a 2d CADD file and PDF depicting the subsurface
utilities designated, signed and sealed by a professional engineer in the state of Texas.
b) Quality Level A Utility Test Hole – TNP will excavate by air-vacuum or other minimally invasive methods
up to three (3) test holes, at locations yet to be determined within the project limits in order to identify
the exact horizontal & vertical locations of crucial utility. The location of the tests hole will be outside of
any paved area. Also, if locating the end of casing is requested the cost will be based on an hourly
charge based on the fee schedule below. This work includes:
a. Providing all necessary personnel, equipment, supplies, management and supervision needed
for the test hole excavation, backfill and restoration.
b. Coordinating with Client, property owner, and/or permitting authorities, as needed and obtaining
any required permits, permission or rights-of-entry with help from The Client
Page 85 of 109
Project Name: West Exchange Hotel Development
Client: FCC West Exchange Property Owner, LLC
TNP Project #: TBD
Date: 04.03.2025 Page 11
c. Contacting the appropriate one-call system to request utilities to be marked on-the-ground prior
to beginning excavation of test hole.
d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the
MUTCD, including any state or locally adopted supplements. (if closures or additional traffic
control equipment is needed other than cones additional direct expenses will be charged)
e. Preparing documentation for each test hole attempted. This documentation will include the
horizontal and vertical position of the targeted utility or structure, a general description of the target
utility, with condition, material and general orientation noted, a generalized description of the
material encountered in the test hole, and any other field observations noted during the
excavation.
CIVIL ENGINEERING
Upon completion of the topographic design survey, CONSULTANT will begin design for the streets, drainage,
water, and sanitary sewer improvements. The CONSULTANT will coordinate the work as necessary to interface
with Town staff and provide periodic updates on design, as well as meet with Town staff to review scope, opinion
of cost, and project schedules. Once final plans have been completed, the CONSULTANT will deliver original
plan documents with Engineer’s seal and signature, sufficient for printing and distribution for bidding.
CONSULTANT will prepare final cost opinions upon delivery of final contract documents to confirm project
budget. CONSULTANT will present to the Town Council the overall project design, cost, and schedule as
necessary.
Provide Civil Engineering for the street reconstructions as shown on Attachment ‘D’. Scope of work shall include
the following:
• Street Reconstruction Plans
• Project Details
• Project Contracts per Town Standards
BIDDING AND CONSTRUCTION ADMINISTRATION
1. Once plans are approved to move forward to bidding, CONSULTANT will reproduce full detailed contract
documents to complete the bid package for distribution to prospective bidders. CONSULTANT will
represent the plans and answer questions to perspective bidders and issue addendums as necessary.
CONSULTANT will represent the Town at the bid opening to receive and open bids and prepare a bid
tabulation of the bids. CONSULTANT will review all bids and evaluate the apparent low bidder and make
recommendation in writing to the Town Council as well as present the bid to the Council in public hearing
as necessary.
2. CONSULTANT will prepare the contract documents for execution by the Owner and approved Contractor.
CONSULTANT will conduct a pre-construction meeting to initiate the construction. CONSULTANT will
attend and oversee periodic job site meetings to oversee the construction of the project. It is anticipated
that the project will take approximately 12-months to complete.
3. For purposes of this agreement, the scope will include bi-weekly Owner-Engineer-Contractor (OEC)
meetings which will be up to 2 meetings per month for the duration of the construction. In addition to the
site meetings, the Design Team will review all Shop Drawings, respond to RFI’s and review and make
payment recommendations to the Owner.
Page 86 of 109
Project Name: West Exchange Hotel Development
Client: FCC West Exchange Property Owner, LLC
TNP Project #: TBD
Date: 04.03.2025 Page 12
4. Once the project is substantially complete, a punch list will be developed to identify any noncompliant or
incomplete work by the contractor and to assist in the final completion of the project and final payment.
An additional follow up to any outstanding items or issues will be provided until Final Acceptance of the
work is given to the Contractor.
LANDSCAPE/IRRIGATION DESIGN
TNP will prepare design and construction documents for the planting and irrigation of the Project. Scope includes
landscape and irrigation at the medians and roundabout. Town landscape ordinances/requirements shall be
met with the planting and irrigation design. Low maintenance and drought-tolerant plantings shall be proposed.
Any enhanced planting areas shall be concentrated at medians and roundabout or as directed by
Owner/Architect. Any enhanced roundabout design features are not included. Irrigation design shall utilize
components standard to the Town and provide water conservation flexibility when managing the irrigation
system. Deliverables will include the following:
Project Deliverables
• Landscape Plans
• Irrigation Plans
• Landscape/Irrigation Details
• Project Specifications
CONSTRUCTION INSPECTION
The project scope will be to provide Construction Inspection for all public improvements – paving and
storm drainage improvements. Any water/sewer improvements to be inspected by the Town MUD.
CONSULTANT will provide an onsite inspector as necessary to review, oversee and inspect all public
improvements, including subgrade, lime stabilization, pre-installation of pavement that would include
review placement of forms and reinforcing steel, as well as inspection of placement and finishing of
concrete pavements, and installation of storm drainage infrastructure.
The inspection will be based plans and specifications prepared by the CONSULTANT, the engineer of
record and under the oversite of CONSULTANT who is providing construction management services.
Inspector will maintain inspection reports and provide feedback and direction to the contractor and Town
as necessary to make any adjustments during these construction activities.
Page 87 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 13
ATTACHMENT ‘B’
STANDARD RATE SCHEDULE
2025 Standard Hourly Rates
Hourly
Engineering/Landscape Architecture/ROW Billing
Rate
Principal or Director $310.00
Team Leader $285.00
Senior Project Manager $280.00
Project Manager $240.00
Senior Engineer $290.00
Project Engineer $190.00
Senior Structural Engineer $295.00
Structural Engineer $210.00
Engineer III/IV $170.00
Engineer I/II $145.00
Senior Landscape Architect/Planner $290.00
Landscape Architect / Planner $210.00
Landscape Designer $150.00
Senior Designer $195.00
Designer $170.00
Senior CAD Technician $165.00
CAD Technician $130.00
IT Technician $190.00
Clerical $90.00
ROW Manager $265.00
Senior ROW Agent $195.00
ROW Agent $155.00
Relocation Agent $195.00
ROW Tech $110.00
Intern $90.00
Hourly
Surveying Billing
Rate
Survey Manager $310.00
Registered Professional Land Surveyor (RPLS) $265.00
Field Coordinator $160.00
S.I.T. or Senior Survey Technician $155.00
Survey Technician $140.00
1-Person Field Crew w/Equipment** $170.00
2-Person Field Crew w/Equipment** $200.00
3-Person Field Crew w/Equipment** $225.00
4-Person Field Crew w/Equipment** $245.00
Flagger $65.00
Abstractor (Property Deed Research) $105.00
Small Unmanned Aerial Systems (sUAS) Equipment & Crew $475.00
Terrestrial Scanning Equipment & Crew $290.00
Page 88 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 14
Hourly
Utility Management, Utility Coordination, and SUE Billing
Rate
Senior Utility Coordinator $190.00
Utility Coordinator $170.00
SUE Field Manager $190.00
Sr. Utility Location Specialist $180.00
Utility Location Specialist $135.00
1-Person Designator Crew w/Equipment*** $165.00
2-Person Designator Crew w/Equipment*** $220.00
2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) $335.00 (4 hr. min.)
Core Drill (equipment only) $830.00 per day
SUE QL-A Test Hole (0 < 8 ft)*** $2,400.00 each
SUE QL-A Test Hole (> 8 < 15 ft)*** $2,900.00 each
Hourly
Construction Management, Construction Engineering and Inspection (CEI) Billing
Rate
Construction Inspector I/II $120.00
Construction Inspector III $140.00
Senior Construction Inspector $160.00
Construction Manager $235.00
Senior Construction Manager $280.00
Direct Cost Reimbursables
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots,
photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or
separate accounting of these items will be performed by TNP.
Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client
by TNP to other entities shall be invoiced at 1.10 times actual cost.
Notes:
All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a
multiplier of 1.10.
* Rates shown are subject to change in subsequent years.
** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level.
*** Includes crew labor, vehicle costs, and field supplies.
Page 89 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 15
ATTACHMENT 'B-1'
COMPENSATION SUMMARY
SERVICE FEE FEE BASIS
BASIC SERVICES
Topo & Boundary Survey $45,000 Fixed Fee
Easement Exhibits (5 each at $3,000) $15,000
ROW Acquisition Support (3 parcels) (as needed)
Negotiation Services $16,500 Per Each
Title Research & Recording Services $4,500 Per Each
SUE (Subsurface Utility Engineering) $35,000 Fixed Fee
Civil Engineering $365,000 Fixed Fee
Bidding & Construction Administration $40,000 Fixed Fee
Civil Engineering, Bidding & Construction Administration $50,000 Fixed Fee
Construction Inspections $100,000 Fixed Fee
Grant Coordination and Submission (as needed) $15,000
TOTAL FEE $686,000
Page 90 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 16
ATTACHMENT 'B-2'
SAMPLE INVOICE
Teague, Nall & Perkins, Inc.
5237 N. Riverside Drive
Suite 100
Fort Worth, TX 76137
817-336-5773
Client Contact
Client
Address
Invoice number
Date
Professional services rendered for the month ending November 30,2022
Description
Contract
Amount
Percent
Complete
Total
Billed
Prior
Billed
Current
Billed
Topo & Boundary Survey
Easement Exhibits (5 each at $3,000)
ROW Acquisition Support (3 parcels)
Negotiation Services
Title Research and Recording Services
SUE (Subsurface Utility Engineering)
Civil Engineering
Bidding & Construction Administration
Landscape Architecture & Irrigation Design
Construction Inspections
Grant Coordination and Submission
Total
Invoice total
Please show project number on all payments of this statement
Page 91 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 17
ATTACHMENT 'C'
PROJECT SCHEDULE
The CONSULTANT shall endeavor to accomplish the work in accordance with the project schedule
provided by the Owner.
Page 92 of 109
Project Name: Trophy Club – Bobcat & Marshall Creek Roundabout and Associated Roadway Improvements
Client: Town of Trophy Club
TNP Project #: TRO25XXX
Date: 04.18.2025 Page 18
ATTACHMENT 'D'
Survey Limits
Page 93 of 109
Page 94 of 109
TOWN COUNCIL COMMUNICATION
MEETING DATE: May 12, 2025
FROM: April Duvall, Director of Finance
AGENDA ITEM: Consider an ordinance amending the FY 2025 Budget to authorize a one-time
transfer from the General Fund balance to the Capital Replacement Fund for
planned capital expenditures through FY 2025–2030, in accordance with the
Capital Replacement Fund Plan and Financial Reserves Policy. (April Duvall,
Director of Finance)
BACKGROUND/SUMMARY:
The Town of Trophy Club maintains a Financial Reserves Policy to promote long-term fiscal
sustainability, provide stability during periods of economic uncertainty, and ensure a timely
response to unforeseen emergencies. On April 22, 2024, the Town Council adopted an updated
version of this policy, establishing a target range of 30% to 50% for unassigned General Fund
balance as a percentage of annual operating expenditures, with a preferred target of 45%.
Following the close of the most recent fiscal year, the Town’s unassigned General Fund balance
exceeds the policy maximum of 50%. While maintaining strong reserves is critical, balances
significantly above the target range present an opportunity to strategically reinvest excess
funds in a manner that supports long-term community priorities.
In accordance with the Financial Reserves Policy and municipal best practices, Town staff
developed a five-year Capital Equipment Replacement Plan funded through a one-time
allocation of excess reserves. The Capital Equipment Replacement Plan outlines Trophy Club's
proposed expenditures for fiscal years 2025 through 2030 across key departments: Police,
EMS, Parks & Recreation, Community Development, and Non-Departmental functions. Funding
for these items is proposed through a transfer from the General Fund balance to the Capital
Equipment Fund. This budget amendment will designate and transfer funds specifically for
capital investments, ensuring that the expenditures:
• Are non-recurring in nature,
• Address identified, necessary capital needs across multiple departments,
• Are phased in over a five-year horizon, and
• Do not create new recurring operational costs or jeopardize the Town’s financial
flexibility.
Page 95 of 109
Proposed Transfers from General Fund Reserves to Departmental Capital
Budgets:
• Police Department: $869,000
• EMS Department: $732,000
• Parks & Recreation Department: $765,000
• Community Development: $199,000
• Non-Departmental Emergency Fund: $500,000
Total Transfer: $3,065,000
This funding mechanism allows the Town to meet critical capital needs without resorting to
debt issuance, budget reallocations, or deferral of essential purchases. Additionally, based on
historical financial performance and the Town’s disciplined fiscal practices, it is anticipated that
similar excess fund balance conditions may recur in future years. This approach offers a
repeatable framework for managing surplus reserves and ensuring consistent reinvestment in
Town infrastructure and services.
By approving this budget amendment, Council will authorize the strategic use of excess
reserves in alignment with adopted policy, advancing long-term financial sustainability and
supporting essential community assets and services.
The majority of the full transfer amount of $3,065,000 will be transferred from the General
Fund to add reserves for spending in future years, consistent with the Town's six-year
equipment replacement plan. Some of the funding, in the amount of $392,000, is requested to
be allocated to the FY 2025 Budget for spending prior to September 30, 2025. $500,000 is
recommended to establish an Emergency Fund, which funding can be utilized during
emergencies as established through policy to be approved by the Town Council.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT:
The Town’s current unassigned General Fund balance is approximately $12 million,
representing 81.7% of General Fund expenditures exceeding the Town’s adopted maximum
reserve policy threshold of 50%.
The proposed plan calls for the use of $3,065,000 through a transfer from the General Fund to
the Capital Replacement Fund to fund one-time capital expenditures over the next five years as
well as to establish an Emergency Fund. Use of Emergency Fund reserves will be established
through policy approved by the Town Council. Upon implementation, the Town’s unassigned
Page 96 of 109
fund balance would be reduced to approximately $9 million, or 54% of General Fund
expenditures, still slightly higher than the policy maximum.
LEGAL REVIEW: N/ATown Attorney, Dean Roggia, has reviewed the ordinance as to form and
legality.
ATTACHMENTS:
1. Ordinance
2. Exhibit A
3. Capital Expenditures Justification
4. Financial Reserves Policy
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve an ordinance amending the FY 2025
Budget to authorize a one-time transfer from the General Fund balance to the Capital
Replacement Fund for planned capital expenditures through FY 2025–2030, in accordance with
the Capital Replacement Fund Plan and Financial Reserves Policy.
Page 97 of 109
TOWN OF TROPHY CLUB
ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING THE TOWN’S ANNUAL
BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1,
2024, AND ENDING ON SEPTEMBER 30, 2025, AS ADOPTED BY
ORDINANCE NO. 2024-21, AND AS AMENDED BY ORDINANCE
NO. 2025-13, BY PROVIDING FOR ADJUSTMENTS TO THE
GENERAL FUND AND CAPITAL REPLACEMENT FUND;
PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR
SHALL BE MADE IN ACCORDANCE WITH THE ANNUAL BUDGET,
AS AMENDED; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “Town”), is a home rule municipality
acting under its Town Charter adopted by the electorate pursuant to Article XI, Section 5 of
the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town Council previously adopted its budget for the fiscal year
beginning on October 1, 2024, and ending on September 30, 2025 (the “Annual Budget”);
and
WHEREAS, the Annual Budget was adopted by Ordinance No. 2024-21 on
September 09, 2024; and
WHEREAS, the Annual Budget was amended by Ordinance No. 2025-13 on April 28,
2025; and
WHEREAS, after the Town Council’s approval of the Annual Budget, unexpected
needs have arisen which require amendment of the Annual Budget; and
WHEREAS, Town Charter Sec. 9.13 and Section 102.010 of the Texas Local
Government Code allow the Town to amend its Annual Budget as deemed necessary for any
municipal purpose; and
WHEREAS, the Town is also allowed to amend its Annual Budget for emergency
appropriations to meet a pressing need for public expenditure to protect the public health,
safety, and welfare as a result of unusual and unforeseen conditions; and
WHEREAS, the Town Council has determined that an amendment to the Annual
Budget pursuant to this Ordinance is a public necessity and in the best interest of the public
health and general welfare of the Town and its citizens.
Page 98 of 109
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
All of the above premises are hereby found to be true and correct factual and
legislative determinations of the Town and are hereby approved and incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2.
The Annual Budget of the Town of Trophy Club for the fiscal year beginning October
1, 2024, and ending September 30, 2025, as adopted by Ordinance No. 2024-21 and
amended by Ordinance No. 2025-13, is hereby further amended to authorize adjustments to
the General Fund and Capital Replacement Fund. These adjustments include capital
transfers and expenditures for the Police, EMS, Community Development, Parks and
Recreation, and Non-Departmental functions, as detailed in Exhibit “A,” which is attached
hereto and incorporated herein by reference. Expenditures for said fiscal year shall be made
in accordance with the Annual Budget, as amended.
SECTION 3.
The expenditures and amendments authorized by this Ordinance are necessary to
meet unusual and/or unforeseen conditions or circumstances that could not have been
included in the original budget through the use of reasonably diligent thought and attention.
SECTION 4.
A true and correct copy of this Ordinance showing the approved budget amendments
shall be filed with the Town Secretary and in the office of the County Clerk as required by
Section 102.009 of the Local Government Code.
SECTION 5.
This Ordinance shall be cumulative of all other provisions of ordinances of the Town,
except where the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the Town Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of
this Ordinance, since the same would have been enacted by the Town Council without
incorporation in this Ordinance of such unconstitutional phrase, clause, sentence, paragraph,
or section.
Page 99 of 109
SECTION 7.
This Ordinance shall be in full force and effect from and after its date of passage and
it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 12th day of May, 2025.
APPROVED:
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
Page 100 of 109
Exhibit “A”
Town of Trophy Club
Budget Amendment No. 2
Page 101 of 109
Department Line Item Line Item Description Budget Total
Recommended
Change
Amended
Budget
Section 1
Funds Transfer:
General Fund Reserves Transfers -$ 3,065,000$ 3,065,000$
Capital Equipment Replacement Reserves Transfer from General Fund Reserves -$ (2,565,000)$ (2,565,000)$
Emergency Fund Transfer from General Fund Reserves -$ (500,000)$ (500,000)$
Total Reserves Transfer:-$ 3,065,000$ 3,065,000$
Police Department:
31-251-83650 Capital Replacement 60,000$ 278,000$ 338,000$
Total Police Capital:60,000$ 278,000$ 338,000$
EMS Department
32-255-83650 Capital Replacement 165,500$ 22,000$ 187,500$
Total EMS Capital:7,810$ 22,000$ 29,810$
Community Development Department
33-360-83650 Capital Replacement 93,000$ 12,000$ 105,000$
Total Community Development Capital:7,810$ 12,000$ 19,810$
Parks & Recreation
34-400-83600 Capital Replacement - Fleet -$ 60,000$ 60,000$
34-400-83650 Capital Replacement 85,000$ 20,000$
Total Parks & Recreation Capital:7,810$ 80,000$ 87,810$
Total FY 2024-25 Expenditure Increase 392,000$
FY25 BUDGET AMENDMENT #2:
Exhibit A
Page 102 of 109
Capital Equipment Replacement FY 2025
PROPOSED
FY 2026
PROPOSED
FY 2027
PROPOSED
FY 2028
PROPOSED
FY 2029
PROPOSED
FY 2030
PROPOSED Explanation/Justification
Funding Source:
Fund Balance xfer to Capital Equipment Fund 892,000 595,000 543,000 779,000 128,000 128,000
Fund Balance transfer Total 892,000$ 595,000$ 543,000$ 779,000$ 128,000$ 128,000$
Equipment Replacement:
Police Department Police Department
PD equipment replacement program 94,000 64,000 64,000 64,000 64,000 64,000
The Trophy Club Police Department is soliciting competitive quotes from Motorola Solutions and
Axon Enterprise, Inc. for a new five-year contract to enhance its body-worn and in-car camera
program, aiming to secure a reliable, cost-effective digital evidence solution that upholds
transparency, accountability, and community trust.
Tasers 24,000 24,000 24,000 24,000 24,000 24,000 Taser Upgrade for Enhanced Officer Safety
Mobile vehicle barrier 160,000 Road barricades capable of closing up to 10 lanes of traffic with transport/storage trailer
Patrol Motorcycle 45,000
The Trophy Club Police Department is requesting a fully equipped police motorcycle to improve
traffic enforcement, response times, and public safety, addressing the limitations of the current
electric model. This upgrade will enhance our ability to navigate congested areas, manage special
events, and enforce laws in support of safer roadways.
COP vehicle - Electric 55,000
Replace the aging 2018 Ford COP vehicle is a necessary investment in maintaining a reliable, fully
functional fleet for the Trophy Club Police Department. A modernized replacement will enhance
operational efficiency, improve safety, and better support COP volunteers in their mission to assist
law enforcement and serve the community. Approval of this purchase is strongly recommended to
ensure continued effectiveness in community policing initiatives.
Drug analyzer 35,000 Replacement of drug analyzer - Original purchase in FY2024
Cargo Trailer 16,000 Replacing 2009 & 2014 model trailers,replacing with one trailer.
Police Department Total 278,000$ 133,000$ 178,000$ 104,000$ 88,000$ 88,000$
EMS Department EMS Department
Minor Emergency Equipment 15,000 15,000 15,000 15,000 15,000 15,000 CPR mannequins, Automated External Defibrillator (AED) supplies, and training materials.
Simulation Mannequin 7,000 Refurbish simulation mannequin
Emergency Operations Management 30,000
Sit/Stand disks on casters for flexibility and comfort during extended operations, whiteboards made
of glass for clear, visible communication, and essential office supplies to ensure smooth
administrative functions. The cordless phone system with charging stations will ensure constant
communication during crises, while the Audio Visual System will allow for real-time monitoring and
display of critical information such as radar, news, and National Weather Service updates,
improving decision-making and situational awareness.
Outdoor Warning System 155,000 Replace 3 sirens (2002 & 2013 models) and UHF radios. Upgrade software for remote activation.
Ambulance 450,000 Current unit 7 years old (10 year replacement) - Takes 24 months to build new unit.
EMS Department Total 22,000$ 200,000$ 15,000$ 465,000$ 15,000$ 15,000$
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Parks & Recreation Department Parks & Recreation Department
Trees & Tree Maintenance 100,000 100,000 100,000 25,000 $ 25,000 Arborist to inspect, trim, remove and replace trees in our Urban Canopy.
Gooseneck trailer 20,000 For transporting the skid steer and tractor
Vehicles 70,000 70,000 Replacing a 2011 & 2013 truck - 2027 replacement will be electric
Hydraulic Brush attachment 35,000 For streets, parking lot and trail clean up
Toro Z Master 5000 - Qty 2 40,000 Replacing a 2014 & 2015 mower
Field Dragger 40,000 Replaces Toro Sand Pro 3040, 10 years old
Utility Vehicle - Qty 3 60,000 Replacement of a 2008 Kawasaki Mule at TCP and two 2010 Toro Grounds carts
Pool Furniture 80,000 Pool furniture/fixtures for the community pool renovation
Parks & Recreation Department Total 80,000$ 215,000$ 210,000$ 210,000$ 25,000$ 25,000$
Community Development Department Community Development Department
Trailer 12,000
Replacing existing trailer with heavy duty 7x18 14k for transporting skid steer and mini
excavator.
Sand Spreader attachment 10,000 SaltDogg Pro Electric poly hopper spreader with pintle chain conveyor
Plow attachment - Qty 2 22,000 SnowDogg VMXII w/ rapid link snowplow
Electric Vehicle Charger 15,000
Installation of an electric vehicle (EV) charging station intended solely for the use of the Town’s
municipal fleet vehicles, supporting the Town’s ongoing sustainability and fleet modernization
goals.
Dump Truck 140,000 Replacing a 2011 Ford F-650
Community Development Department Total 12,000$ 47,000$ 140,000$ -$ -$ -$
IT Department IT Department
IT Department Total -$ -$ -$ -$ -$ -$
Non-Departmental Non-Departmental
Emergency Fund 500,000 Unexpected Emergencies (Controlled by Town Manager)
Non Departmental Additions Total 500,000$ -$ -$ -$ -$ -$
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Page 1 of 4
FINANCIAL RESERVES POLICY
Town Council Policy
Policy Number TC - 003
Implementation Date: 4/22/2024
Last Revised Date: 4/22/2024
Policy Contact: Director of Finance
Resolution Number: 2024-07
A. GENERAL FUND FINANCIAL RESERVES POLICY
Section 1 – Purpose of the General Fund - Financial Reserves Policy
The purpose of the General Fund Financial Reserves Policy (the “Financial Reserves Policy”) of the Town of Trophy
Club, Texas, is to maintain a prudent level of financial resources in the General Fund as additional insurance against
disasters, emergencies, and unforeseen expenditures within the Town. In addition, this Financial Reserves Policy is
intended to document the appropriate unassigned reserve level to protect the Town’s credit worthiness and provide
adequate cash flow based upon the traditional operating cycle.
Section 2 – Delegation of Authority
The Town of Trophy Club Town Council is responsible for the approval of financial policies which establish and direct
the operations of the Town of Trophy Club. The Town Manager is responsible for carrying out the policy directives of
the Town Council and managing the day-to-day operations of the departments, including the Finance Department.
This Financial Reserves Policy will be administered on behalf of the Town Manager by the Finance Director. The Town
Council has authorized the Town’s Finance Director as the official authorized to assign fund balance to a specific
purpose as approved by this Financial Reserves Policy.
Section 3 – Establishing the General Fund Policy
The Town is committed to maintaining an unassigned fund balance, as defined by standards established by the
Governmental Accounting Standards Board (GASB), within the range of 30% to 50% of operating expenditures in the
General Fund. This upper limit represents 180 days of cash flow. The Town’s specific target of unassigned fund balance
for budgetary and planning purposes is set at 45% of operating expenditures in the General Fund. For the purposes
of this Financial Reserves Policy, the General Fund refers to the General Fund for GAAP purposes.
The Town will measure its compliance with this Financial Reserves Policy on an annual basis during the budgeting
process. During the course of the fiscal year, the Finance Department will monitor revenues and expenditures to ensure
that projections remain consistent with this Financial Reserves Policy. Funding the unassigned reserve target will
generally come from excess revenues over expenditures; unspent expenditures; or one-time, unappropriated
revenues.
In the event that unassigned reserves exceed maximum balance requirements at the end of each fiscal year, excess
reserves may be utilized in the following ways, as directed by the Town Manager and approved by the Town Council.
Excess reserve options are presented in order of short-term, more immediate needs to long-term needs for capital and
programming purposes that may reduce the Town’s reliance on future tax dollars to support one-time uses. The Town
Council and staff may consider uses consistent with any of these options when determining the utilization of excess
reserves.
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Page 2 of 4
1. One-time transfers to other funds, as appropriate, to offset year-end cash deficits (whether an ongoing deficit or
annual deficit) within those funds.
2. Appropriated to provide additional funding to complete current capital projects in the current Capital
Improvement Plan where actual project costs exceed pre-established budget amounts.
3. Appropriated for new, one-time capital project expenditures without significant recurring costs, as recommended
to and approved by the Town Council. An emphasis will be placed on one-time uses that reduce future operating
costs.
4. Appropriated to lower the total amount of a future bond issuance.
5. Appropriated as start-up expenditures for new programs as recommended to and approved by the Town Council.
Such programs will be reviewed in the context of multi-year revenue and expenditure projections as prepared by
the Finance Department.
6. Fund accrued liabilities, including but not limited to debt service, pension, and other employment benefits. Priority
will be given to those items that relieve budget or financial operating pressure in future periods.
7. Appropriated or assigned as recommended by the Town Manager, as recommended to and approved by the Town
Council.
As the purpose of the Financial Reserves Policy is to stabilize Town operations during times of unforeseen loss of
revenues or unforeseen increase in expenditures, it may be necessary and appropriate to take unassigned reserve
levels below those targets established in this Financial Reserves Policy. When multiple categories of fund balance are
available for expenditure (for example, a construction project is being funded partly by a grant, funds set aside by the
Town Council, and unassigned fund balance), the Town will start with the most restricted category and spend those
funds first before moving down to the next category with available funds. Circumstances where taking reserves below
policy levels would be appropriate include responding to the risks that reserves are intended to mitigate, such as:
1. One-time uses in meeting cash-flow needs;
2. Closing a projected short-term revenue/expenditure gap;
3. Responding to unexpected expenditure requirements or revenue shortfalls; or
4. Where a forecast shows an ongoing structural gap until such time as the structural gap can be corrected.
If or when the Town falls below the targets established by this Financial Reserves Policy, the Town Manager will submit
a plan (“Replenishment Plan”) to the Town Council to increase unassigned reserves to achieve compliance with this
Financial Reserves Policy. Revenue sources that would typically be looked to for replenishment of unassigned fund
balance reserves include nonrecurring revenues, budget surpluses, year-end surpluses, and excess revenues in other
funds (if legally permissible and with a defensible rationale). The Town Manager will prepare and distribute a
Replenishment Plan to the Town Council no later than June 1 following the completion of the Town’s financial
statements for the prior fiscal year.
B. GOVERNMENTAL AND BUSINESS-TYPE FUNDS LIQUIDITY POLICY
Section 1 – Purpose of the Governmental and Business-Type Funds Liquidity Policy
The essential purpose of the Governmental Liquidity Policy and Business-Type Liquidity Policy (the “Liquidity Policy”)
of the Town of Trophy Club, Texas, is to ensure sufficient resources to meet short-term financial obligations. Sufficient
levels of liquid assets facilitate cash-flow needs during traditional operating cycles and provide additional insurance
against disasters, emergencies, and unforeseen expenditures within the Town. In addition, the Liquidity Policy is
intended to document the appropriate level of unrestricted current assets of cash and investments to protect the
Town’s credit worthiness.
Section 2 – Delegation of Authority
The Town of Trophy Club Town Council is responsible for the approval of financial policies that establish and direct the
operations of the Town of Trophy Club. The Town Manager is responsible for carrying out the policy directives of the
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Page 3 of 4
Town Council and managing the day-to-day operations of the departments, including the Finance Department. This
Liquidity Policy will be administered on behalf of the Town Manager by the Finance Department.
Section 3 – Establishing the Liquidity Policy for Governmental Funds
The Town will strive to maintain total current assets in excess of total current liabilities for all funds collectively reported
together as Governmental Activities, as defined by GASB standards. Additionally, the Town will strive to maintain
unrestricted cash and short-term investments of at least 100% of current liabilities as reported in the Town’s statement
of net assets at the close of each fiscal year.
The Town will measure its compliance with this Liquidity Policy on an annual basis during the budgeting process. During
the course of the fiscal year, the Finance Department will monitor revenues and expenditures to ensure that
projections remain consistent with the Liquidity Policy. Funding the target will generally come from excess revenues
over expenditures, unspent expenditures, or one-time unappropriated revenues.
From time to time, it may be necessary and appropriate to reduce current assets below the target level to respond to
the risks that reserves are intended to mitigate, such as:
1. One-time uses in meeting cash-flow needs;
2. Closing a projected short-term revenue/expenditure gap;
3. Responding to unexpected expenditure requirements or revenue shortfalls; or
4. Where a forecast shows an ongoing structural gap until such time as the structural gap can be corrected.
If or when the Town falls below the targets established by the Liquidity Policy, the Town Manager will submit a
Replenishment Plan to the Town Council to increase current assets and/or cash and short-term investments to achieve
compliance with this Liquidity Policy. Revenue sources that would typically be looked to for replenishment include
nonrecurring revenues, budget surpluses, year-end surpluses, and excess revenues in other fund types (if legally
permissible and with a defensible rationale). The Town Manager will prepare and distribute a Replenishment Plan to
the Town Council no later than June 1 following the completion of the Town’s financial statements for the prior fiscal
year.
Section 4 – Establishing the Liquidity Policy for Business-Type Funds
It is recognized that funds held for the purpose of accounting for business-type activities will fluctuate more than
governmental activities funds. Business-type activities operated by government entities as opposed to a willing private
sector entity regularly operate on the margins and are, therefore, more prone to incurring operational deficits in any
given year. The Town will strive to maintain total current assets of at least 75% of total current liabilities for all funds
collectively reported together as Business-Type Activities, as defined by GASB standards. Additionally, the Town will
strive to maintain unrestricted cash and short-term investments of at least 50% of current liabilities as reported in the
Town’s statement of net assets at the close of each fiscal year.
The Town will measure its compliance with this policy on an annual basis during the budgeting process. During the
course of the fiscal year, the Finance Department will monitor revenues and expenses to ensure that projections
remain consistent with the Liquidity Policy. Funding the target will generally come from excess revenues over
expenses, unspent expenses, or one-time unappropriated revenues.
From time to time, it may be necessary and appropriate to reduce current assets below the target level to respond to
the risks that reserves are intended to mitigate, such as:
1. One-time uses in meeting cash-flow needs;
2. Closing a projected short-term revenue/expense gap;
3. Responding to unexpected expense requirements or revenue shortfalls; or
4. Where a forecast shows an ongoing structural gap until such time as the structural gap can be corrected.
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Page 4 of 4
If or when the Town falls below the targets established by the Liquidity Policy, the Town Manager will submit a
Replenishment Plan to the Town Council to increase current assets and/or cash and short-term investments to achieve
compliance with this Liquidity Policy. Revenue sources that would typically be looked to for replenishment include
nonrecurring revenues, budget surpluses, year-end surpluses, and excess revenues in other fund types (if legally
permissible and with a defensible rationale). The Town Manager will prepare and distribute a Replenishment Plan to
the Town Council no later than June 1 following the completion of the Town’s financial statements for the prior fiscal
year.
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TOWN COUNCIL COMMUNICATION
MEETING DATE: May 12, 2025
FROM: Brandon Wright, Town Manager
AGENDA ITEM: Consider the selection of a Mayor Pro Tem. (Brandon Wright, Town Manager)
BACKGROUND/SUMMARY: In accordance with Section 3.07 of the Town's Charter, the Council,
at its first meeting after the election, shall elect one of its members as Mayor Pro Tem. The
Mayor Pro Tem shall perform all the duties of the Mayor in the absence or disability of the
Mayor. Any Council Member may be nominated to serve as Mayor Pro Tem. To comply with
the Town's Home Rule Charter, the Town Council will consider selection of a member of the
Town Council to serve as Mayor Pro Tem until the next Town election.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
None
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to nominate a Council Member(s) to serve as
Mayor Pro Tem and to vote on nominations received.
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