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Minutes TC 08/20/2012MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 20, 2012 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 20, 2012. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tern Bill Rose Council Member Jeannette Tiffany Council Member Danny Mayer Council Member Clint Schroeder Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Michael Aguilera Finance Director April Reiling PIO/Marketing Manager Mayor White announced the date of August 20, 2012, called the meeting to order and announced a quorum at 6:10 p.m. WORKSHOP SESSION 1. West Nile Virus Briefing / Update; discussion of same. Lt. Shane Beck provided Council with a West Nile Virus presentation and addressed questions from Council. Presentation included in the Minutes. 2. FY13 Department Budget Overview; discussion of same. Town Manager Slye provide Council with an FY13 Department Budget Overview, including the updates from the August 3, 2012 Budget Work Session. Slye addressed questions from the Council. Presentation included in the Minutes. 3. Discussion of agenda items posted for consideration on the Regular Session Council. 4. Discussion of proposed agenda items for the September 4, 2012 Regular Session Agenda. Mayor White called a short break. CONVENE INTO REGULAR SESSION — 7:05 P.M. The Invocation was offered by Council member Schroeder. The Pledges were led by Council member Mayer. 5. Recognition of Tom Mills; discussion of same. Police Chief Kniffen and Mayor White presented Tom Mills the award for Outstanding Crime Prevention. 6. Recognition of Employee of the Quarter; discussion of same. Town Manager Slye introduced Lt. Shane Beck as the Employee of the Quarter. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Wanda Franklin, 4 Turnbury Court, addressed the Council and requested that the Town Council reinstate our community's involvement with America Supporting Americans. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 7. Consider and take appropriate action regarding the Minutes dated August 3, 2012. (Budget Workshop) 8. Consider and take appropriate action regarding the Minutes dated August 6, 2012. 9. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between Northwest Independent School District and the Town of Trophy Club for School Resource Officer services to be provided for the 2012-13 school year, and authorizing the Mayor or her designee to execute all necessary documents. 10. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between Tarrant County and the Town of Trophy Club authorizing the Town's participation in Tarrant County's Cooperative Purchasing Program; designating the Town Manager or his designee as the official representative to act for the Town in matters relating to the Agreement; and authorizing the Mayor to execute the Agreement with Tarrant County. 11. Consider and take appropriate action regarding a contract for animal control services with Brian Hall, AKA Brian the Animal Guy; and authorizing the Mayor or her designee to execute all necessary documents. August 20, 2012 Town Council Minutes Page 2 of 6 Motion made by Council member Rose, seconded by Mayor Pro Tern Strother, to approve the consent agenda items. Motion carried unanimously. REGULAR SESSION 12. Consider and take appropriate action regarding a Proclamation declaring September 19, 2012, as "Texting & Driving - It Can Wait" Day. Motion made by Council member Rose, seconded by Council member Schroeder, to approve Proclamation 2012-10. Motion carried unanimously. 13. Consider and take appropriate action regarding an amendment to the Interlocal Cooperation Agreement between the Town and Denton County providing County funding of road improvements for the roundabout at the intersection of Trophy Lake Drive and Trophy Club Drive and for the reconstruction of a section of Trophy Club Drive from Durango Drive; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Rose, seconded by Council member Tiffany, to approve the amendment to the Interlocal Cooperation Agreement between the Town and Denton County providing County funding of road improvements for the roundabout at the intersection of Trophy Lake Drive and Trophy Club Drive and for the reconstruction of a section of Trophy Club Drive from Durango Drive; and authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously. 14. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town and Denton County relative to County funding of road and drainage improvements for Indian Creek Drive from Creekmere Drive to Skyline Drive; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Mayer, seconded by Council member Schroeder, to approve the Interlocal Cooperation Agreement between the Town and Denton County relative to County funding of road and drainage improvements for Indian Creek Drive from Creekmere Drive to Skyline Drive; and authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously. 15. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a special election on a measure within the Town of Trophy Club to be held on November 6, 2012 to allow the citizens to vote for or against a combined proposition to reduce the sales tax rate of the Trophy Club Economic Development Corporation 4A from the current rate of one-half of one percent to the rate of one-fourth of one percent and to increase the sales tax rate of the Trophy Club Economic Development Corporation 4B from the current rate of one-fourth of one percent to the rate of one-half of one percent; providing for canvassing of returns; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Motion made by Council member Schroeder, seconded by Council member Tiffany, to approve Ordinance 2012-15 ordering and calling a special election on a measure within the Town of Trophy Club to be held on November 6, 2012 to allow the citizens to vote for or against a combined proposition to reduce the sales tax rate of the Trophy Club Economic Development Corporation 4A from the current rate of one-half of one percent to the rate of one-fourth of one percent and to increase the sales tax rate of the Trophy Club Economic Development Corporation 4B from the current rate of one-fourth of one percent to the rate of one-half of one percent; providing for canvassing of returns; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Motion carried unanimously. August 20, 2012 Town Council Minutes Page 3 of 6 Amended motion made by Council member Rooe, seconded by Council member Tiffany to allow for the deletion ofparagraph two ofSection 8. Motion carried unanimously, 16' Consider and take appropriate action regarding a Resolution for the appointment of Deena Boudreau to E0C4A to serve for the remainder ofam unexpired term in order to womurm the availability of a quorum tmconsider and adopt mfiscal year 2D12/2Q13 budget for EDC4A;and providing an effective date. Motion made by Council member Rose, seconded by Council member Schroeder, to approve Resolution 2012-20 with the correction to the caption and also to provide a waiver to Dena Boudreau to allow her to serve ontwo committees should that opportunity arise. Motion carried unanimously. 17' Consider and take appropriate action regarding the negotiations between the Town and Allied Waste Services, inc~ for solid xvomtm and recyclable materials collection, transportation and disposal services. Jeri Hanme||, Republic Services/Allied VVoote. asked Council for support of the existing contact and allow Republic Services/Allied Waste to use the month of September to educate and market the current stipulations in the contact and on October 1, 2012 — no trash pickup of carts larger than 33 gallons. Town Manager Slye recommended to the Council to make no changes to the current contract at this time and allow Staff to bring proposed amendments to existing Town ordinances regulating trash containers to Council for consideration otthe September 4.2U13meeting. The following residents spoke against taking action: " Patricia Jayne (Pot) Keefer, 218Fresh Meadow * Jim Porrow.8Brookfield Court • Bill Armstrong, 18Avenue Twenty Council member Mayer requested that his handout given to the Town Council be made part of the minutes. Discussion only; Doaction taken. Handout included in the minutes. 18' Consider and take appropriate action regarding the designation of an Eoqoamoin Development Corporation 4ACouncil Liaison and a Parks and Recreation Board Council Liaison. Motion made by Council member Tiffany, seconded by K8ovor Pro Tenn GtnzUher, to appoint Council Member Schroeder as the Parks and Recreation Board Council Liaison and Council member Rose as the Economic Development Corporation 4ACouncil Liaison. Motion carried unanimously. Mayor White called ashort break and resumed the meeting at6L58p.nn. 19'Consider and take appropriate action regarding financial and variance reports dated jome 2012 and July 2012. Motion made by Mayor Pm Tern Strother, seconded by Council member Schroeder, to approve the August 20, 2012 Town Council Minutes Page 4 of 6 20. Town Council Liaison Updates; discussion of same: - August 15, 2012 TCMUD No. 1 Meeting; Council member Rose Council member Rose updated the Council of the August 15, 2012 TCMUD No. 1 meeting and addressed questions. No action taken, update only. 21. Town Manager Slye's update regarding the following; discussion of same. - Royal Troon Neighborhood Town Hall Meeting - Transportation Town Manager Slye updated the Council and addressed questions. No action taken, update only. 22. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - August 7, 2012 - Chamber Luncheon - August 8, 2012 - Northwest Communities Partnership Meeting - August 10, 2012 - North Texas Commission Meeting - August 14, 2012 - Northeast Leadership Forum - August 16, 2012 - Metroport Cities Partnership Meeting Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 23. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 211110) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4126110) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 1014110) 4. Consider and take appropriate action regarding the creation of a "Going Green" initiative throughout the Town. (White, 212412011) 5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 51212011) 6. Consider and take appropriate action regarding ball park signage. (Cantrell, 61612011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 61612011) 8. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 81112011) 9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 1111412011) 10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to reviewlupdate Park Policies (Cantrell, 51712012) August 20, 2012 Town Council Minutes Page 5 of 6 11. Review of #10 of Chapter 8 "Nuisances", Article I "Noise Nuisances", Section 1.01 "Nuisances Defined" (Schroeder, 612112012) 12. Consider and take appropriate action regarding a Joint Use Agreement with Northwest Independent School District for resident use of the Byron Nelson High School Library. (White, 711612012) Council member Mayer asked that "Consider and take appropriate action regarding America Supporting Americas" be placed on the list. Mayor White asked that "Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club" be placed on the list. Council Member Schroeder agreed and volunteered to help where necessary. EXECUTIVE SESSION 24. Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following items: (A) Texas Government Code Section 551.071 (b). Consultation with the Town Attorney on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act pursuant to Section 551.071 (b) of the Texas Open Meetings Act: (1) Employee Services and Benefits Provided to MUDI Employees (B) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a)(1) of the Texas Open Meetings Act: (1) Town Manager, Mike Slye COUNCIL CONVENED INTO EXECUTIVE SESSION AT 9:40 P.M. RECONVENE INTO REGULAR SESSION COUNCIL RECONVENED INTO REGULAR SESSION AT 10:58 P.M. 25. Consider and take appropriate action regarding the Executive Session. Motion made by Council member Rose, seconded by Council member Schroeder, to have the Town Manager and Mayor advise and give direction to the District Manager regarding the SEMO Contract. Motion carried unanimously. Motion made by Mayor Pro Strother, seconded by Council member Schroeder to adjourn. Motion carried unanimously. Meeting adjourned at 11:00 p.m. 60annon DePratW, Town Secretary Town of Trophy Club, Texas August 20, 2012 Town Council Min T R 0A e nniWhite, Mayor nof Trophy Club, Texas 0 Fco- � �S, V Page 6 of 6 West Nile Virus Program 2012 Trophy Club, Texas West Nile Virus Resources Centers for Disease Control Texas Department of State Health Services World Health Organization Denton County Health Department USGS Maps Mosquito Management Program A Call to Action Education Community Participation Source Control Measures Personal Preparedness Public Awareness Education Description of West Nile Virus How its spread Signs and Symptoms of WNV WNV Statistics Nationally WNV Statistics State of Texas WNV Statistics Denton County, Dallas County, Collin County, Tarrant County Risk Factors What is West Nile Virus? A virus commonly found in Africa, West Asia and the Middle East. There are two primary categories of West Nile Virus, West Nile Fever and West Nile Neuroinvasive Disease. The Centers for Disease Control (CDC) report cases in the US back to 1999• Maintained in nature through a cycle involving transmission between birds and mosquitoes. How is it Spread? Birds are the natural host of WNV Mosquitoes become infected when the feed on infected birds WNV is spread to humans by from the bite of an infected mosquito Humans, birds, mosquitoes, horses and domestic animals can be infected. Very small number of cases through blood transfusions, organ transplants, breastfeeding and from mother to baby during pregnancy Symptoms of West Nile Virus About 8oOY(O of those infected report no symptoms Signs and Symptoms West Nile Fever About Zo% of those infected develop WNF Incubation period of 3-14 days (average 3-6) Fever Headache Body aches and muscle pain Swollen lymph glands Occasionally skin rash on the upper body Signs and Symptoms of West Nile Neuroinvasive Disease - WNND Only about i/iso will develop this more severe form Headache High Fever Neck Stiffness Disorientation Coma Tremors Convulsions Paralysis West Nile Nationally-08/14/12 Reported Cases - 693 WNF- a87 (41%) WNND - 406 (59%) Deaths - 26 Texas WNV Cases — 8/2/12 Map depicts counties with cases Dark shaded counties indicate the most impacted locations to date Pattern is similar to map of positive mosquito pools Texas- 552 Denton o u n t Y Lewisville 24 Denton 2,0 Flower Mound 14 Carrollton io Unincorporated 9 96 total cases Highland Village 3 Corinth a Frisco Z 66 WNF Lake Dallas z Plano z Trophy Club Z WNND The Colony Z 3oFort Worth i Pilot Point 1 Sanger i Dallas i County Comparison - 8/17/12 Nationally Texas Dallas County Collin County Tarrant County Denton County Trophy Club 693 287 4o6 z 552 247 305 21 174 64 110 10 18 12, 6 0 148 79 69 2 96 66 30 1 &,j&MM6&A&&,&Mj Risk Factors for WNV Anyone bitten by an infected mosquito Those with weakened immune systems are at increased risk for West Nile Virus Persons older than 5o have the highest risk of severe disease Call to Action WNV Prevention Community Participation Source Control Measures Personal Preparedness Public Awareness West Nile Virus Prevention Dusk &Dawn -Mosquitoes most active, stay indoors if possible Dress -Long sleeves and pants when outdoors and treat clothing with permethrin DEET -Use insect repellent containing DEET, picaridin or oil of lemon eucalyptus Drain -Remove standing water in your yard and neighborhood ;old tires, flowerpots or clogged rain gutters. Community Participation Follow the Four D's of Prevention Use Larvicide Briquettes Use barrier treatments and other mosquito deterrents such as citronella devices, coils and lanterns Report stagnant water that may become potential breeding ground to Code Enforcement 682-831-4659 Source Control Measures Do not allow water to accumulate in saucers for flowerpots, cemetery urns or pet dishes for more than a days Get rid of tin cans, old tires, buckets unused plastic swimming pools or other containers that collect and hold water Remove debris from rain gutters, repair leaks from faucets and air conditioners Check for trapped water in plastic or canvas tarps used to cover boats, swimming pools Source Control Measures (cont) Change the water in birdbaths and wade pools every 4-5 days Replace missing caps on metal fence posts Fill in drain puddles, ditches and swampy areas If ditches do not flow and contain stagnant water for a week or longer, report this problem to Code Enforcement. Larvicide briquettes Personal Preparedness Follow the Four "D's" of Prevention and carry repellent with you for re- application Make sure doors and windows have tight fitting screens. Repair or replace screens that have tears or holes. Public Awareness Town website - www.trophyclub.org Facebook - facebook.com/trophyclubgov Twitter - @trophyclubgov Digital Marquees Weekly E-News Blast News media Helpful References Code Enforcement 682-831- 6 9 http://cfpub.epa.gov/oppref/insect/ http://www.cdc.gov/ncidod/dvbid/westnile /index.htm http://www.dshs.state.tx.us/idcu/disease/ar boviral/westnile/ http://dentoncounty.com/dept/main.asp?de Pt-33 TOWN OF TROPHY CLUB FY13 Budget Update August 20, 2012 BUDGET CALENDAR March 38 Friday • Capital bleeds Request Forms provided to Managers April 2 Monday Denton Central Appraisal District begins sending out -,%ieekly preliminan* appraisal totals April 10 Tuesday • Base Budget },worksheets provided to Managers April 10 Tuesday • Capital Heeds Request Forms due back from Managers April 12 Thursday Revie,,•r of Capital Heeds ,with Managers April 30 Monday • Tarrant County Appraisal District sLIbmits 1st preliminary appraisal totals May 7 Monday •Mid -Year Revle-,•, Presentation to COLIIICII May 11 Friday Base Budgets due back from Managers May 14 Monday • Tarrant CoLInty Appraisal District submits 2nd preliminary appraisal totals May 17 - 18 ThLlrsda ,,-Friday • Management Team Strategic BLISIIleSS Planning Retreat July 16 Monday • Management Budget Update ),•;ith CoLIIICII — 5 3OPM'vVorkshop July 25 1,".1ednesday • Certified Appraisal Roll Due from Denton & Tarrant Appraisal Districts July 31 Tuesday • Hand Deliver Hard Cop%., Proposed Budget to Council Members August 1 V...'ednesday • Denton County Tax Assessor+Collector provides Effective and Rollback Tax Rates August 3 Friday • CoLlnCII '.i'.,`orkshop - Budget DISCLIssIOn - 1 00 PM BUDGET CALENDAR (CONY.) August 6; I-Jonday • Submit Effective & Rollback Rate CalCLIlatiOnS to Tov-in COLII1cil • Vote to Propose Tax Rate (if over Effective Rate; i Set Public Hearings for September 4th and September 1 Oth August 8 'd''ednesday • Publish Notice of Effective and Rollback Tax Rates Statement of Increase.+Decrease August 15 Wednedsay i Publish Notice of Public Hearing on Tax Increase (If applicable; August 22 Wednesday . Publish Notice of Hearing on the Budget September 4 Tuesday i First Public Hearing on Tax Increase (if applicable; Public Hearing on PID Service Assessment September 18 Monday i Second Pudic Hearing oil Tax Increase (if applicable:, • Public Hearing on Budget • Public Hearing on PID Serrice Assessment • A.nIloL11lCe Vote on Tax Rate September 19 iv',.'ednesday • Publish Notice of Tax ReVenue Increase September 24 Monday Budget Adoption • Tax Rate Adoption Approve Tax Roll • Vote to Ratify Property Tax ReVei7rie • Adopt PID Assessment Rate October 1 Monday Fiscal Year 2812-2813 Begins PY13 Budget SUMMARY OF COMBINED BUDGETS FY13 ADOPTED PROPOSED ACTUAL BUDGET BUDGET FY11 FY12 FY13 ANTICIPATED REVENUE $ 12,857,739 $ 10,385,222 $ 10,734,429 ANTICIPATED EXPENDITURES $ 12,265,535 $ 10,354,254 $ 10,725,380 UNAPPROPRIATED BALANCE $ 592,204 $ 30,968 $ 9,049 EXPENDITURES Manager's Office $ 556,489 $ 658,387 $ 695,592 Human Resources $ 90,060 $ 87,146 $ 113,906 Information Systems $ 289,378 $ 315,724 $ 343,141 Legal $ 146,881 $ 161,910 $ 168,638 Police $ 1,463,179 $ 1,686,885 $ 1,867,339 Emergency Medical Services $ 688,213 $ 729,284 $ 797,170 Streets $ 393,233 $ 441,687 $ 788,410 Parks $ 951,324 $ 1,129, 530 $ 928,974 Recreation $ 585,638 $ 594,156 $ 596,552 Planning & Zoning $ 154,794 $ 156,769 $ 164,620 Community Development $ 189,425 $ 259,809 $ 333,028 Finance $ 360,927 $ 372,037 $ 365,803 Municipal Court $ 80,260 $ 79,447 $ 83,946 Facilities Management $ 75,902 $ 80,320 $ 72,961 Debt Service $ 1,354,955 $ 1,358,316 $ 1,478, 809 Trophy Club Park $ 113,935 $ 116,443 $ 124,807 Street Maintenance $ 123,279 $ 140,656 $ 156,312 Storm Drainage $ 220,665 $ 130,000 $ 374,881 EDC 4A $ 250,633 $ 294,661 $ 313,245 EDC 4B $ 82,317 $ 161,656 $ 196,623 Hotel Occupancy $ 20,500 $ 20,975 $ 111,050 Court Technology $ - $ 24,550 $ 2,375 Court Security $ - $ 3,000 $ 3,000 Capital Projects Fund $ 4,073,548 $ 1,350,906 $ 644,198 TOTAL $ 12, 265, 535 $ 10, 354, 254 $ 10, 725, 380 FY13 Budget FUND ANALYSIS ADOPTED PROPOSED ACTUAL BUDGET BUDGET FY11 FY12 FY13 GENERAL: REVENUE $ 6,576,455 $ 6,753,444 $ 7,320,306 EXPENSES $ 6,025,703 $ 6,753,091 $ 7,320,080 NET $ 550,752 $ 353 $ 226 DEBT SERVICE: REVENUE $ 1,348,199 $ 1,364,499 $ 1,484,809 EXPENSES $ 1,354,955 $ 1,358,316 $ 1,478,809 NET $ (6,756) $ 6,183 $ 6,000 TROPHY CLUB PARK: REVENUE $ 117,019 $ 120,000 $ 125,000 EXPENSES $ 113,935 $ 116,443 $ 124,807 NET $ 3,084 $ 3,557 $ 193 STREET MAINTENANCE SALES TAX: REVENUE $ 126,273 $ 140,656 $ 156,523 EXPENSES $ 123,279 $ 140,656 $ 156,312 NET $ 2,994 $ - $ 211 STORM DRAINAGE: REVENUE $ 220,665 $ 130,000 $ 375,100 EXPENSES $ 220,665 $ 130,000 $ 374,881 NET $ - $ - $ 219 EDC 4A: REVENUE $ 247,269 $ 294,661 $ 313,245 EXPENSES $ 250,633 $ 294,661 $ 313,245 NET $ (3,364) $ - $ - FY13 Budget FUND ANALYSIS ADOPTED PROPOSED ACTUAL BUDGET BUDGET FY11 FY12 FY13 EDC 413: REVENUE $ 123,737 $ 161,656 $ 196,623 EXPENSES $ 82,317 $ 161,656 $ 196,623 NET $ 41,420 $ - $ - HOTEL OCCUPANCY: REVENUE $ 22,644 $ 21,050 $ 111,050 EXPENSES $ 20,500 $ 20,975 $ 111,050 NET $ 2,144 $ 75 $ - COURT TECHNOLOGY REVENUE $ - $ 27,350 $ 4,545 EXPENSES $ - $ 24,550 $ 2,375 NET $ - $ 2,800 $ 2,170 COURT SECURITY REVENUE $ - $ 3,000 $ 3,030 EXPENSES $ - $ 3,000 $ 3,000 NET $ - $ - $ 30 CAPITAL PROJECTS FUND: REVENUE $ 4,075,478 $ 1,368,906 $ 644,198 EXPENSES $ 4,073,548 $ 1,350,906 $ 644,198 NET $ 1,930 $ 18,000 $ - TOTAL: REVENUE $ 12,857,739 $ 10,354,872 $ 10,734,429 EXPENSES $ 12,265,535 $ 10,326,704 $ 10,725,380 NET $ 592,204 $ 28,168 $ 9,049 PY13 Budget Revenue Highlights: Tax Value = $91 1,866,887 (10.18%) FYI 3 Proposed Tax Rate = $0.518543/$100 (2.16% Decrease) Sales Tax 4% Increase over FYI 2 Projected Actual ($626K) Developer's Fees = $90K (FYE12 - $1 33K) Building Permits 276 = $720K Franchise Fees: Electric = $350K (5% increase) Gas = $54K (15.5% increase) Cable/Tele = $191 K (17% increase) Refuse = $80K (29% increase) SEMO = $1 19,61 1 Hotel Occupancy Tax - $90K Increase PY13 Budget Expense Highlights: 1.5% COLA (Oct. 1) & 1.5% Merit (Apr. 1)... $25K Savings All corrections made to personnel related costs Police Department = 2.5 FTEs (Starting May 1 - $5K Savings) Fire Department = .5 FTE Manager's Office — Marketing Intern = .5 FTE Website Rol lout/lmproved Communication Plan Health Insurance ($420/employee) — 2%, 0%, 0% Dispatch Agreement = $511141 Median Maintenance moved to Streets Budget = $324K Adjustments to Streets Equipment Maintenance ($4K increase) Contingency - $35K (Equates to 0.33% of Total Budget) $93K Community Center seed money Street and Storm Drainage Projects PY13 Budget Capital Replacement & Purchases: Replace 2 PD Admin Units ($53K) 2004 Ford Expedition 2007 Dodge Charger Replace Irrigation Truck ($29K) 2001 Ford F-150 Replace Parks Equip: 3 Mowers & Mule ($35K) IT Replacement Schedule ($48K) Outdoor Warning Siren ($33K) Fire Dept Training Manikins ($1 1 K) Police Video Equipment ($45K) TOTAL = $254K Since the last council meeting, when we discussed the Allied contract and thm- possible changeover to carts, I have had time to do some research which includ a review of the original contract as well as a review of the three modifications- e that contract. To fully understand the modifications the minutes of the To Council meetings which approved the modifications were also reviewed. I ha I prepared packets of information for each of you which includes all of t1h information. After review I am more convinced than ever that this council should not approve any modification to the existing contract with Allied. There are several reasons t4,--, explain my position and I will take a few moments to enumerate those reasons. After hearing them it is my hope that you too will see why we should continue the current contract without further change or modification. 1. The first reason is that we have an existing contract which runs until 201S. We need to allow that contract to mature and any new contract should be put out for competitive bid. Allied is not the only company available that provides this service. Other neighboring cities use companies other than Allied and are quite satisfied with the service they receive. Allied needs to compete for our business just like everyone else. The job of the council is to level the playing field for everyone. 2. The current contract has been modified on 3 previous occasions. The first modification was in May of 2007 and was requested by Allied for the purpose of changing the days of collection. The council approved that request. The second modification took place in June of 2008. Allied requested a rate increase, the addition of 9S gallon carts and changing to once a week collection. Only the rate increase was approved. The third modification was in January of 2010. Allied and the previous Town Manager recommended going to 95 gallon carts, collection EVERY OTHER WEEK and a rate increase. Only the rate increase was approved but in addition to the rate increase the contract was extended for an additional 5 years. No competitive bids were entertained. 3. It is my belief that Allied has put their company's profits ahead of the best interest of the citizens of Trophy Club. I base that opinion on the simple ` i r. i :. � i �f i i iy r_ i a r y � i ii i it it i• i i i +� s` 1 � i �. i, i i ii i i �i i i i i• a ' i i � ` i ' ' i` e ` i : • `i �r i s • i' iii `i i s i i`ii •i ! � 1 � f �'� t i ii ! :ii . • i' 'i i ii i e i t ♦ i i i ! r •' i i i i♦ ! i # i » i i i � i` i 3 ^. i i! i i i i i s s" •"i • i ii i � . � i`' f i i � i..i ! i i i i` i ii i`is • � ! r i i i � i ♦ r ., i r i suggesting that we ticket those citizens that currently use carts but we should, at a very minimum, make them aware of the current ordinance and put them on notice that continued use of carts WILL result in not having their trash picked up by Allied. Additionally, we must DEMAND that Allied STOP violating the agreement and enabling violation by continuing to accommodate the violators. This council was previously told, by the Allied representative, that Allied was going to collect the trash even if the violators continued to use carts because they had a reputation to protect. That is their choice, but it violates their agreement with the Town. How can anyone have a working "partnership" when one partner ignores the partnership agreement? However, if that is what they chose to do, then they should not come before this Council and attempt to justify modifying the contract based on the use of carts. What has occurred is that Allied has created, by their actions, an unnecessary need to change to carts and the reason is obvious ... changing to carts better fits THEIR needs ... it lowers their operating cost by reducing the number personnel required as well as reducing the level of service to the citizens. That immediately increases their profits. That is not in the best interest of the citizens of Trophy Club. When our current contract expires we may well choose to change to carts and may not. I do not subscribe to the argument that the change from bagged trash trash carts is inevitable. Many of our neighboring communities do not use ca and I have seen nothing that would indicate that they intend to do so. I This council's first obligation is to the citizens of Trophy Club, not to Allied Wast We have an obligation to gather the facts independently and not to rely o information provided by vendors. We must remember that their interest and t best interest of the town are not the same. For the reasons expressed, I do n and will not support any change, modification or extension whatsoever to t existing contract and I urge the other members of the council to do the same. I WN COLLECTION, TRANSPORTATION AND DISPOSAL SERVICES FOR THE TOWN OF TROPHYCLUB, THIS EXCLUSIVE CONTRACT FOR SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION, TRANSPORTATION AND DISPOSAL SERVICES FOR THE TO OF TROPHY CLUB, TEXAS (the "Agreement") is entered into effective this day of t , 2005, between The Town of Trophy Club, Texas, a home rile municipal corporatior6f Denton County and Tarrant County, Texas (the "Town"), and Allied Waste Services, Inc., a Delaware corporation d/bla Trinity Waste Services ("Contractor"). RECITALS WHEREAS, Contractor is in the business of providing Solid Waste and Recyclable Materials collection, transportation and disposal services; and WHEREAS, the Town desires to engage Contractor, and Contractor desires to be engaged, as the exclusive provider of Solid Waste and Recyclable Materials collection, transportation and disposal services for all Customers requiring such service within the geographical limits of the Town. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, received to the full satisfaction of each of them, the parties hereby agree as follows: A. (Definitions: For purposes of this Agreement, the following terms have the meanings specified below: 1. Agreement: Has the meaning specified in the introductory paragraph of this document. 2. Brush: Any limbs, branches, construction materials and other items, which cannot be placed into disposable containers but have been cut so as not exceed four feet in length. 3. Bulky Items or Bulky Waste: Stoves, refrigerators that have had CFC's removed by a certified technician, water tanks, washing machines, furniture, and other large household items of a similar nature other than construction debris, dead animals, or hazardous waste 4. Commercial Containers: All metal containers supplied by the contractor affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. 5. Customer: Any residential, commercial, industrial, or governmental institution, enterprise or concern of any nature, form or combination, whether or not operated for a profit located within the geographical limits of the Town. Page 1 of 16 6. Construction. Debris: Waste building materials resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures, provided, however, 7. Construction. Debris: Shall not include asbestos containing materials. 8. Container: Means (i) a metal or plastic container.supplied by Contractor; or (ii) plastic bags, cardboard, metal or wooden boxes having no outside dimension of more than four feet, no larger than thirty-three gallons in capacity and capable of containing Solid Waste without leaking or emitting odors and that weigh, when loaded, less than 50 pounds. 9. Contractor: Has the meaning specified in the introductory paragraph of this Agreement. 10. Debris: All dirt, concrete, rocks, bricks or other waste building materials. 11. Hazardous Waste: Means (i) petroleum and petroleum products, radioactive materials, asbestos in any form that is or could become .friable, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, and radon gas; and (ii) any other chemicals, materials or substances defined as or included in the definition of "hazardous materials," "hazardous wastes," "hazardous substances," "toxic wastes," "toxic pollutants," "contaminates," "pollutants," "infectious wastes," "medical wastes," "radioactive wastes," "sewage sludges" or words of similar import under any applicable environmental law. 12. Recyclable Materials: Material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials and which materials Contractor can sell for processing and use or reuse, including newsprint, magazines, plastic (PET and HDPE) bottles, glass containers, aluminum cans and metal (tin) cans. 13. Solid Waste: All waste generated by any Customer, including Construction Debris, Special Waste, Bulky Waste and Yard Waste, but excluding, however, Hazardous Waste. 14. Special Waste: Soils; media; debris or other material resulting from underground storage tank removal or from other contaminated site remediation or investigation; manufacturing or industrial process waste; sludges; asbestos waste; powders; ashes; pollution control waste; any waste designated as "special waste" or similarly under any applicable law or so designated by Contractor by general description; or any waste that requires other than normal handling, storage, management, transfer or disposal. Page 2 of 16 15. Town: Has the meaning specified in the introductory paragraph of this Agreement. 16. Yard Waste: Grass clippings, yard cleanings, leaves, tree limbs and branches that have been cut so as not exceed four feet in length, and other similar items. B. Term: The term of this Agreement shall be for a five-year period beginning April 18, 2005 and ending on April 17, 2010. The term may be extended for an additional five year period, on the same terms and conditions as set forth in this Agreement, by mutual consent of the parties, each expressed in writing and given at least 60 days before the end of the term. C. Scope of Work / Exclusive Right: The Town hereby grants to Contractor the exclusive right during the term of this Agreement to collect, transport and dispose of Solid Waste and Recyclable Materials from all Customers located within the geographical limits of the Town. The Town represents and warrants that it has the authority to grant such exclusive right as set forth in this Agreement. Contractor shall provide all services necessary to perform its duties as more specifically described herein. Such work shall be performed in accordance with the terms and conditions outlined in this Agreement. D. Service Operations and Performance 1. Frequency of Service; Routes: Contractor shall collect Solid Waste from each residential Customer at least twice per week. Contractor and each commercial or industrial Customer shall agree on the frequency of collections; provided however, that such collection shall be at least one (1) time per week. Contractor shall provide the Town with proposed collection schedules and routes, including any amendments thereto, for acceptance by Town. Such acceptance shall not be unreasonably withheld. Primary collection days for solid waste collection shall be Monday and Thursday and primary collection day for collection of Recyclable Material shall be Thursday unless otherwise agreed to in writing by the parties hereto. 2. Holidays: Thanksgiving Day, Christmas Day, New Years Day, Labor Day, Memorial Day and independence Day shall be holidays for the purposes of this Agreement. Contractor may decide to observe any or all of the above -mentioned holidays by suspension of collection services for the holiday, but such decision in no manner relives the contractor of its obligation to provide refuse and recyclable materials collection at residential units at least one time per week. 3. Hours of Service: Contractor shall provide services for residential customers between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No collections will be made on Sunday unless approved in advance by the Town. Page 3 of 16 E. Office and Meld Employee Requirements: Contractor shall maintain an office that customers and the Town may contact by local telephone exchange. The office shall be equipped with sufficient personnel and equipment to respond to customer inquiries between 8 a.m. and 6 p.m., Monday through Friday and 8 a.m. through 12 p.m. on Saturday. All inquiries and complaints received by Contractor will be responded to within 24 hours. The contractor shall keep a complaint log in a format agreed upon by the parties that may be reviewed by the Town at any time. Such log shall include name, address, phone number, type of complaint, time and date, resolution and response time and date of response. All field employees of the contractor shall wear uniforms identifying them as employees of Contractor. Employees driving the Contractor's vehicles shall, at all times, possess and carry a valid Class B vehicle operator's license from the State of Texas or other such license as required by law. Contractor's employees, officers and agents shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees or agents of the Town of Trophy Club. The Contractor shall prohibit the drinking of alcoholic beverages or the use of controlled substances by employees while on duty or in the course of performing duties under this Agreement. Contractor shall also prohibit its employees from looking through or opening Solid Waste Containers while on duty or in the course of performing duties under this Agreement, except that such conduct may be allowed when necessary for Contractor's employees to perform their duties under this Agreement. F. Damage / Properly Loss: Contractor shall make repairs wherever its vehicles or equipment cause ruts or other damage by leaving paved surfaces or other such circumstances. Contractor shall be held responsible for any breakage, damage, or loss of the Town 's equipment or supplies resulting from negligence of the Contractor or his/her employees, agents, representatives or subcontractors while performing services under this Agreement. Contractor shall immediately report to the Town Manager any such damages or loss. If, at any time the Town has reason to believe such conditions resulted from acts or omissions on the part of Contractor or his/her employees, agents, representatives or subcontractors, Contractor agrees to submit all involved personnel to a polygraph examination performed by a designated authority. G. Containers: Contractor shall supply each commercial and industrial Customer with a Commercial Container appropriate to the needs of the establishment, as agreed upon by the Customer and Contractor. If a Container is damaged (including graffiti or other vandalism) without fault of Contractor, Contractor may charge the applicable Customer to repair or, if necessary, replace the Container. Contractor shall provide (or has previously provided) each residential Customer with a recycling Container, which shall be dedicated solely to the collection of Recyclable Materials. Contractor shall be entitled to charge the Customer for replacement of any recycling Container that is lost, stolen or destroyed after a residential Customer is initially provided a recycling Container. Page 4 of 16 R. Collection of Residential Waste: Each Customer shall be responsible for placing Containers in a location that can be serviced in a safe and efficient manner. Residential Customers shall place Containers at the curb for collection. Contractor shall collect all items placed at the curb for collection, provided that such Solid Waste is either: Containerized in a plastic bag of 50 pounds or less in weight; or 2. Placed in a container supplied by the Contractor, or 3. if such materials are Yard Waste, cut and tied in bundles not to exceed four feet in length and 50 pounds in weight. Contractor shall collect fencing materials generated by residential Customers resulting from repair and remodeling projects, provided that fence panels must be cut into four -foot by four -foot sections and loose pickets must be tied and bundle and cut to a length not to exceed six -feet in length. Contractor shall also collect construction materials that are either a. Placed in container not to exceed 50 pound in weight; or b. Cut and tied in bundles not to exceed four feet in length and 50 pounds in weight. Contractor shall comply with all applicable federal and state regulations and laws applicable to the services to be provided pursuant to this Agreement. L Collection of Bulky Waste: Contractor shall collect Bulky Waste from residential Customers at no additional cost to the Customer. J. Collection of Special Waste: Contractor shall have no obligation to collect any Special Waste unless such has been adequately and properly screened and profiled and Contractor determines that Contractor can dispose of such Special Waste in its disposal facility in accordance with applicable law and Contractor's operating policies and procedures. K. Collection of Recyclable Materials: Contractor shall collect Recyclable Materials from residential Customers that are placed at the curb in the provided recycling Containers. Contractor shall collect Recyclable Materials at least weekly from each residential Customer on one of the days scheduled for Solid Waste collection. L. Monthly Recycling Reports: Contractor shall provide Town with monthly recycling reports within five (5) days from the end of the period being reported which will include summaries of tonnages of all materials recovered, by type of material, summaries of tonnages of all materials sold, by type of material, material market prices, resident participation rates in terms of weekly and monthly set -out counts with a description of the method used to determine these rates, and other information provided by mutual consent of both parties. Page 5of16 M. Collection from Town Facilities: Contractor shall collect Solid Waste from facilities owned by the Town. Contractor shall not charge for collection, transportation and disposal of waste at Town owned facilities; provided, however, such no charge collection shall not include collection, transportation and disposal of industrial waste, Special Waste or Construction Debris resulting from public works and other construction projects. One 30-yard container per year will be provided to the Town at no cost for 4`b of July events. In addition, twice each year of the term of this Agreement, Contractor shall provide five 30-yard roll off containers at no cost to the Town for the purpose of allowing residential Customers to dispose of accumulated household trash, yard trash, and loose brush (in accordance with Town's ordinances) which is not normally removed by Contractor's regular collection services. The Town and Contractor shall agree upon the dates for such service. Any additional containers in excess of the eleven (11) 30-yard roll off containers per year will be charged at Contractor's regular rate. Contractor shall supply a maximum of fifty (50) containers or event boxes which shall be of the eighty (80) to one hundred (100) gallon size. Such containers or boxes shall be supplied a maximum of three times per year for special events and shall be supplied at no charge to the Town. N. Collection Equipment: All of Contractor's vehicles shall be licensed in the State of Texas and shall operate in compliance with all applicable state, federal, and local regulations. All vehicles shall be kept in proper repair and sanitary condition. Each vehicle shall bear, as a minimum, the name and phone number of Contractor plainly visible on the vehicle, in letters and numbers not less than two inches in height. All vehicles shall be sufficiently secured so as to prevent any littering of Solid Waste and leakage of fluid. No vehicle shall be willfully overloaded. Contractor will be responsible for cleaning up any Solid Waste that spills or is scattered from Contractor's vehicles. Contractor shall, if necessary, hand clean all spillage from its collection activities. Spillage not resulting from collection or due to improper or inadequate Containers or overfilling of Containers shall either be picked up or promptly reported to the Town. All open type collection vehicles shall be covered during movement. All collection vehicles shall be washed and deodorized weekly. The Town reserves the right to inspect all such vehicles at any time. If the Town's inspector determines the vehicles or equipment to be offensive or unsafe, Contractor shall repair, clean or deodorize the vehicles or equipment at Contractor's sole expense. 0. Discontinued Service: Contractor reserves the right to discontinue service to any Customer that fails to comply with any requirement of this Agreement, including failure to pay for services rendered, or providing other than Solid Waste to Contractor for collection. Contractor shall report to the Town the termination or denial of service to any Customer and provide information related to termination or denial. Any Customer that has been denied service or whose service has been discontinued for any reason other than nonpayment may appeal the decision to the Town. The Town shall determine whether the service should be reinstated and submit its decision to Contractor, provided, however, that in no event shall Contractor be obligated to reinstate service if it has not been paid for services rendered. Page 6of16 P. Missed Collections: If a regularly scheduled collection is missed by Contractor through no fault of the Customer, a special collection will be required of Contractor within twenty-four (24) hours after Contractor is notified on the missed collection. Should a dispute arise between the Town, Contractor, and/or a Customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pickup) the decision of the Town on such matter shall be final and Contractor agrees to abide by said decision. However, it is understood and agreed by and between the Town and Contractor that if any Customer fails to timely place brush or Containers out, maintains improper or inadequate Containers for the nature, volume or weight of Solid Waste to be removed from the Customer's premises, or places improper bundles or volumes of Solid Waste for collection, Contractor may refrain from collecting all or a portion of Solid Waste and shall notify the Town of the reason for such non -collection. Contractor may refuse to collect the contents of any Container that contains any material that is not Solid Waste. Contractor shall provide notice to the Customer of the reason for such non -collection (unless such non -collection is the result of the Customer's failure to timely place the Containers out for collection). Contractor's notice to the Customer shall be in writing, attached to the Container or the front door of the Customer's premises and shall indicate the nature of the violation and the correction required so that such Solid Waste may then be collected on the next regular collection date. If Contractor fails to collect the Solid Waste from a Customer's premises without cause, Contractor shall collect such Solid Waste within 24 hours after a notification by the Customer. Q. Telephone Number: Contractor shall maintain a local or toll -free telephone number where service may be applied for and complaints can be made. The telephone number shall be staffed between 8:00 am. and 6:00 p.m., Monday through Friday, and 8:00 a.m. through 12:00 p.m. on Saturday. R. Complaints: All complaints received by Contractor will be responded to within 24 hours. Contractor will maintain and make available to the Town a log of all complaints that will record the name, address, phone number, type of complaint, time and date, resolution and response time and date of response. The Town shall notify Contractor of any complaints it receives by the next regular work day after receipt of the complaint. S. Weather ]Days: If weather conditions make a scheduled collection unsafe, Contractor shall use its commercially reasonable efforts to collect any missed stops as soon as practicable. T. Holidays: Contractor may observe the following holidays as non -collection days: New Years Day; Memorial Day; Labor Day; Independence Day; Thanksgiving Day; and Christmas Day. When a collection day is missed due to the Holiday schedule, Contractor will collect Solid Waste for such missed day on the next scheduled service date. U. Title: Title to Solid Waste and Recyclable Materials shall pass to Contractor when placed in Contractor's collection vehicles. Title to waste that is not Solid Waste shall remain with the Customer and shall not be deemed to pass to Contractor. Page 7 of 16 V. ]Permits: Contractor shall obtain all permits and licenses required in connection with the services to be performed by Contractor pursuant to this Agreement. W. Rates: Contractor shall perform the services required hereunder at the rates set forth on Exhibit "A", a copy of which is attached hereto and incorporated herein. The rates set forth on Exhibit "A" for Solid Waste collection and disposal shall be fixed for the first three years of the term of the Agreement. Thereafter, the rates for Solid Waste collection and disposal shall be adjusted annually during the term of this Agreement. Such annual adjustment shall commence on the third anniversary of this Agreement, and then annually on that same date for each subsequent year during the term, by the percentage increase, if any, in the Consumer Price Index for the Dallas -Fort Worth Area. if the specified index ceases to be available, the parties shall use the most closely comparable index then available. The rates for collection of Recyclable Materials shall remain fixed for the initial five-year term of the Agreement. If the parties agreed to renew this Agreement for one or more additional five-year term, the Town and Contractor agree to negotiate in good faith to agree on a rate for collection of Recyclable Materials for such renewal term. Notwithstanding the foregoing, the Town reserves its legal right not to renew this Agreement beyond the initial term hereof. No statement contained herein regarding good faith negotiations on rate or other items shall be construed as an agreement for automatic renewal of this Agreement nor shall the Town be deemed in violation of this paragraph if such good faith negotiations fail and the Agreement is not renewed X. Billing 1. Residential Customers: The Town shall bill all residential Customers, and shall pay Contractor on a monthly basis in accordance with this section. The Town shall make such payment to Contractor by the 15th of the month following the month service was rendered. Contractor shall be entitled to payment for all services for which payment has been billed by the Town less the franchise fee due hereunder and the educational stipend due Town in accordance with subsection "c" of this Section. The Town shall pay to Contractor the net service charge less an eight percent franchise fee and the $500 monthly educational stipend, which franchise fee and stipend shall be retained by the Town. Along with this payment, the Town shall provide monthly the count of all residential Customers billed 2. All Other Customers: Contractor shall bill all Customers, other than residential Customers. Contractor shall pay the Town a fee equal to eight percent of the revenues actually collected from Customers billed by Contractor. Such payment shall be due, on or before the last day of each month. Such fee will be based on the gross amount collected for all services rendered during the preceding month, excluding any sales or other taxes collected. Town reserves the right to audit the billing and payment records of Contractor for all such other customers. 3. Educational Stipend: Contractor shall pay a monthly stipend to the Town for educational and environmental purposes in an amount of $500 per month. Page 8 of 16 Y. Default by Contractor I Termination: The Town reserves the right to observe closely the refuse collection, disposal, recycling and salvage operations and if, in the opinion of the Town there has been a breach of contract, the Town shall notify the contractor in writing, specifying the manner in which there has been a breach of contract. It shall be an event of default under this Agreement if Contractor fails to observe and perform any material term, covenant or agreement contained in this Agreement to be performed by Contractor and such failure continues for a period of 30 days after notice to Contractor specifying the nature of such failure and requesting that it be remedied. If Contractor fails to cure a default under this Agreement within 30 days after its receipt of notice from the Town, unless during the cure period Contractor has taken remedial steps the effect of which would be to enable Contractor to cure such event of default within an additional 15 day period following the expiration of the 30-day cure period, the Town may, by written notice to Contractor, terminate this Agreement. Z. Insurance: Contractor shall maintain in full force and effect throughout the term of this Agreement and including any extension the following types of insurance in at least the limits specified below: General Liability Combined single limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage. Automobile Liability Combined single limits of $1,000,000 per occurrence for owned, non -owned and hired coverage. Workers' Compensation Statutory limits, including employers liability coverage a minimum of $500,000 per occurrence, $500,000 per occurrence — disease and $500,000 aggregate— disease. Excess Umbrella Liability Combined limit of $2,000,000 per occurrence. The Town shall be shown as additional insured on the General Liability, Automobile Liability and Excess Liability policies with a waiver of subrogation granted in favor of the Town on the Workers' Compensation coverage. Such insurance shall be provided in accordance with the specifications contained in Exhibit `B", a copy of which is attached hereto and incorporated herein. Contractor shall execute the Insurance Requirements Affidavit verifying that Contractor's insurance coverage complies with the requirements Page 9of16 for insurance coverage outlined in this Agreement. Such Affidavit is attached hereto and incorporated herein as Exhibit "C". AA. Bond Required: Contractor shall maintain in full force and effect throughout the term of this Agreement, including any and all extensions, a performance bond in the amount of $90,000.00 to secure Contractor's faithful performance of all obligations imposed by this Agreement. Such bond shall be issued by a company acceptable to the Town. Recovery on the performance bond shall be the Town's sole and exclusive damages for any breach of Contractor's obligations under this Agreement (other than Contractor's indemnification obligations under Section 10, which shall not be so limited). BB. Indemnification Contractor hereby agrees to indemnify, defend and hold harmless Town and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action arising out of or in connection with the performance of this Agreement, including but not limited to all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property, to the extent occasioned by the negligent error, act or omission of Contractor, including gross negligence or willful misconduct in the performance of its duties hereunder or for breach of this Agreement by Contractor, its officers, agents, employees, subcontractors, invitees or any other person for whom Contractor is legally liable, and Contractor shall at its own cost and expense defend and protect Town from any and all such claims and demands. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. CC. General Provisions 1. Governing Law; Dispute Resolution: a. The laws of the State of Texas shall govern the validity, construction, interpretation, and effect of this Agreement. Exclusive venue shall lie in Denton County, Texas. b. In the event that a dispute arises out of the terms of this Agreement or the performance of either party hereunder, prior to either party filing suit in a court of law, the parties agree to submit the dispute to either two (2) one- half day sessions or one (1) full day session of non -binding mediation. The parties shall share the costs of mediation equally. Page 10 of 16 DD. Assignment: No assignment of this Agreement or any right under this Agreement shall be made in whole or in part by Contractor without the prior written consent of the Town, which consent shall not be unreasonably withheld; provided, however, Contractor may assign this Agreement to any affiliate of Contractor or as a collateral assignment to any lender to Contractor or any of its affiliates. EE. Binding Effect; No Third Party Beneficiaries: This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns. Nothing in this Agreement is intended to or shall confer upon any party that is not a party to this Agreement any legal or equitable right, benefit or remedy of any nature whatsoever. FF. Amendment: This Agreement may not be amended except by a written instrument executed by each party to this Agreement. GG. Merger Clause: This Agreement constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are to be without effect in the construction of any provision or term of this Agreement if they alter, vary or contradict this Agreement. 1111. Illegal and Invalid Provisions: Should any term, provision or other part of this Agreement be declared illegal it shall be excised and modified to conform to the appropriate laws and regulations. Should any terms, provision, or other part of this Agreement be held to be inoperative, invalid or unenforceable, such provision or portion thereof shall be reformed in accordance with applicable laws and regulations. In both cases of illegal and invalid provisions, the remainder of the Agreement shall not be affected but shall remain in full force and effect. H. Compliance with Applicable Law: Contractor shall comply with all applicable federal, state, and local laws and regulations, including all laws and ordinances amended or enacted subsequent to the execution of this Agreement and which are applicable to Contractor's performance or the services provided hereunder. JJ. Waivers: A waiver by either party of any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance. KK. Notices: All notices or other communications required or permitted under this Agreement shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, by overnight courier, or by delivering the same in person to such party, addressed as follows: Page 11 of 16 Address for notices to the Town: Address for notices to Contractor: with a copy to: Town Manager 100 Municipal Drive Trophy Club, Texas 76262 15880 N. Greenway-Hayden Loop, Suite 100 Scottsdale, AZ 85260 Attention: Corporate Secretary 6100 Elliot Reeder Road Fort Worth 76117 Attention: General Manager LL. Construction: The headings in this Agreement are inserted for convenience only, and shall not constitute a part of this Agreement or be used to construe or interpret any of its provisions. The parties have participated jointly in the negotiation and drafting of this Agreement. If a question of interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. The word "include" or "including" means include or including, without limitation. MM. Counterparts: This Agreement may be executed in two or more original or facsimile counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the undersigned have entered this Agreement as of the day and year first above written. Allied Waste Services, Inc., d/b/a Trinity Waste Services By: Its: f ! '7' Town of Trophy Club, Texas By: t.t� Its: Page 12 of 16 �r` �'W 71,11 11 JIM - xlwt -1 M SIZE Ix 2X 3X 4x 5X 6X EXTRA 2 YD 44.95 87.47 131.20 174.93 218.67 262.40 15.72 3 YD 52.20 101.97 152.95 203.93 254.91 305.91 18.27 4 YD 59A6 116.47 174-70 232.94 291.17 349.41 20.81 6 YD 73.95 145.47 -=I 8.20j 290.941 363.67 1 436.41 25.88 8 YD 1 88.45 174.481 261.701 248.471 436.18 1 523.41 1 30.96 v all f 14111351livil IS f), I � � � SIZE TYPE DEUVERY RENTAL PER .DAY TOTAL PER LD DEPOSIT PER CONT 20 YD Open 70.20 5.40 270.00 205.20 25 YD Open 83.42 5.40 300.24 205.20 30 YD Open 83.42 5.40 304.56 205.20 35 YD Open 83.42 5.40 Nego Nego 40 YD Open 83.42 5.40 399.60 205.20 28 YD Comp Nego Nego Nego Nego 30 YD Comp Nego Nego Nego Nego 35 YD Comp Nego Nego 356AO Nego 40 YD Comp Nego Nego Nego Nego 42 YD Comp Nego F-Reg-pf Nego Nego 8.00% COMMERCIAL RANDLOAD I TIME PER WEEK @ $12.25 PER MONTH (Limit 4 bags) COMMERCIAL HANDLOAD 2 TIMES PER WEEK @ $15.31 PER MONTH (Limit 4 bags) CASTERS: $21.06 /MONTH RESIDENTIAL CURBSIDE: RECYCLING CURBSIDE: - - I ineu v 11341R.1 I U, LOCKS: /Month $7.66 /MONTH $1.78 [MONTH $9.44 /MONTH EFFECTIVE DATE: 6/1/2005 CITY HALL PHONE #: 682-8314600 INSURANCE SPECIFICATIONS A. General Insurance Requirements: 1. Contractor shall not start work under the Agreement until Contractor has obtained at its own expense all of the insurance called for hereunder and such insurance has been approved by the Town; nor shall Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by Contractor. Approval of insurance required of Contractor and subcontractors for the Town will be granted only after submission to the Town of original, signed certificates of insurance. 2. Contractor shall require all subcontractors to maintain during the term of the Agreement, insurance in the same amounts and manner as specified for Contractor. Contractor shall furnish subcontractors' certificates of insurance to the Town immediately upon request. 3. All insurance policies required hereunder shall be endorsed to include the following provision: "It is agreed that this policy is not subject to cancellation or non -renewal until ten (10) days prior written notice has been given to the Town of Trophy Club". NOTE: The words "endeavor to" and "but failure to mail such notice shall impose no obligation to liability of any kind upon the company, its agents or representatives" are to be eliminated from the cancellation provision of standard AC€IRD certificates of insurance. 4. No acceptance and/or approval of any insurance by the Town shall be construed as relieving or excusing Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. 5. The Town (including its elected and appointed officials, agents, volunteers, and employees) is to be shown as an additional insured under all coverages except Workers' Compensation, and the certificate of insurance must so state. Coverage afforded under this paragraph shall be primary as respects the Town, its elected and appointed officials, agents and employees. Waiver of subrogation shall be provided in favor of the Town on Workers' Compensation and Auto Liability except to the extent of the negligence or willful misconduct of Town. a. The following definition of the term "Town" applies to all policies issued under the Agreement: The Town Council of the Town of Trophy Club and any affiliated or subsidiary Board, Authority, Committee, or Independent Agency (including those newly constituted), provided that such affiliated or subsidiary Board, Authority, Committee, or Independent Agency is either a Body Politic created by the Town Council of the Town of Trophy Club, or one in which controlling interest is vested in the Town; and Town of Trophy Club Constitutional Officers. Page 14 of 16 6. Contractor shall provide insurance as specified in Section 8 of the Agreement. 7. Insurance coverage required in these specifications shall be in force throughout the term of the Agreement. Should Contractor fail to provide evidence of current insurance within seven (7) days of written notice at any time during the term of the Agreement, the Town shall have the absolute right to terminate the Agreement without any further obligation to Contractor, and -Contractor shall be liable to the Town for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Agreement at time of termination. 8. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the Town. Contractor shall be as fully responsible to the Town for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 9. All required insurance coverages must be acquired from insurers authorized to do business in the State of Texas. Insurers must have a policyholder's rating of "A-" or better, and a financial size of "Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and Poors, unless the Town grants specific approval for an exception. 10. Contractor/Vendor may be required to provide proof of financial ability to cover deductibles. 11. Contractor shall purchase all insurance coverages, including the terms, provisions and limits as shown in the contract documents. All insurance coverage shall be on an "occurrence" basis. Page 15 of 16 THE STATE OF TEXAS § First Modification of Agreement to the § Exclusive Solid Waste and Recyclable § Materials, Collection, Transportation and COUNTY OF DE0TON § Disposal Services for the Town of Trophy Club, § Texas THIS First Modification ofthe Exclusive Contract for Solid Waste and Recyclable Materials Collection, Transportation and Disposal Services for the Town of Trophy Club, Texas dated June 1. 2005 (hereinafter "Agreement") by and between Allied Waste Services, Inc., a Delaware Corporation d/b/a ThD(b/ VV@ata Services (hereinafter "COOtn8Ch3r') and The Town Of Trophy QUb. Texas, hOOl8 [U|8 municipality (hereinafter is made and entered into on this the . 2007. bvand between Contractor and Town, (hereinafter "First Mod0cotioO^). WITNESSETH: WHEREAS, Town and Contractor entered into the Agreement on or about June 1, 2OO5'and WHEREAS, |DMay, 2OO7.Contractor requested that the Town modify the Agreement to change the primary oO||acUon days for solid waste collection and recyclable materials; and WHEREAS. Town Council oOOG\densd Contractor's request and agreed to this F|nd Modification Dlan0ohD|iziOQ the change tothe primary collection days set forth inthe Agreement; and WHEREAS' Town and Contractor desire to modify that Agreement in certain respects to reflect the designation of new primary collection days for solid waste collection and recyclable motoho|e' thereby impacting the terms of the 4o[e8Onent na|otiDg to holiday collections, as set forth herein in this First Modification; NOW THEREFORE, |NCONSIDERATION ofthe foregoing,and for other good and valuable CODGide[atoD, the parties hereto agree as follows: Incorporation of Agreement The Aor8mrnant is incorporated herein as if vVrh±eO word for word. Except 88 . � . unchanged and shall remain in full force and effect. ID the event of any conflict or iO#]OGisƒ8DcV between the provisions set forth in this First Modification and the AonggrOent. priority of interpretation shall be in the fOUDVvng order: First Modification; Agreement. 11. Modification of Agreement Effective as of the day and year first written abov*. GubaaoUoD 1 of the Agreement entitled "Frequency of Service; Routes" listed Under Section D of the Agreement entitled "Service Operations and Performance" is hereby deleted in its entirety and o new subparagraph entitled "Frequency ofService; Routes" is added to read in its entirety as follows: D. Service Operations and Performance Contractor shall collect Solid VVonte from each residential Customer at least twice per week. Contractor and each omrnnnercisl or industrial Customer shall ogna8 eon the frequency ofcollections; provided hOwmVer, that such oo|{eCtiOD shall be at least one \ time per week. Contractor shall provide the Town with proposed collection schedules and rouhee, including any amendments theneko, for acceptance by Town. Such aCcgOt@Dca shall not be unreasonably withheld. Primary collection days for solid wmmhs collection eho|| be Tuesday and Friday and primary collection day for collection Of Recyclable Material shall be Friday unless otherwise agreed bziOwriting bvthe parties hereto. IN WITNESS WHEREOF, the parties enter into this First Modification on the date first written above. ALLIED WASTE ERVIC�C.d/b/m TRINITY WASTE SERVICES Date: BY: �V Title: Alr-l&e—li )Z/z� TOWN OF TROPHY CLUB, TEXAS Data: June 18'2UO7 Title: Mayor Nick Sanders GF��' `' �� *~ �u~ COPY ATTEST: APPROVED AS TO FORM: Tbwn Attorney OFFICIAL COPY 10 May 14, 2007 Mr. Brandon Emmons Town Manager 100 Municipal Drive Trophy Club, TX 76262 Dear Mr. Emmons, Allied Waste Services is committed to providing the Town of Trophy Club with the highest level of service possible. To that end, we would hike the Town to consider two changes that would enhance your service. We respectfully request that the Toma consider changing the regularly scheduled collection days to Tuesday and Friday. This change would enable us to call on additional resources in the event of a heavy collection day or mechanical failure, to help ensure that the waste collection is completed in one day. In addition, we would litre to propose a change in the holiday scheduling. In the past, if the standard pick-up day fell on a holiday, the collection would be slipped, and we would attempt to pick up the collection from both collection days on the neat regularly scheduled pick-up. This results in a volume of trash that is larger than we normally are able to collect in one day. To alleviate the issue, we am proposing that during holiday weeks, waste collection be moved back one day to provide two collection days each week. For example, if the holiday falls on a Monday in your current schedule, hash would be picked up on Tuesday and Friday. If you choose to move your collection to Tuesday and Friday. collection would bump to Wednesday and Saturday. We will be at your Monday, May 21, 2007 Council meeting to discuss the proposed changes and answer any questions you may have. Thank you in advance foryour consideration of this request. Sincerely, Jeri Harwell Municipal Ivfarketing Manager 6100 E15ott Reeder Road Fort Wodh, TX 76117 817.332.7301 / 800.333.7801 FAX 817.831.2020 vr,.w.cttsposoi.cotn 51 THE STATE OF TEXAS § § Second Modification of Agreement to the § Exclusive Solid Waste and Recyclable § Materials, Collection, Transportation and § Disposal Services for the Town of Trophy Club, § Texas COUNTY OF DENTON § THIS Second Modification of the Exclusive Contract for Solid Waste and Recyclable Materials Collection, Transportation and Disposal Services for the Town of Trophy Club, Texas dated June 1, 2005 (hereinafter "Agreement") by and between Allied Waste Services, Inc., a Delaware Corporation d/b/a Trinity Waste Services (hereinafter "Contractor") and The Town Of Trophy Club, Texas, a home rule municipality (hereinafter "Town"), is made and entered into on this thez>el—' day of _L4L-1 2008, by and between Contractor and Town, (hereinafter "Second Modification"). WITNESSETH: WHEREAS, Town and Contractor entered into the Agreement on or about June 1, 2005;and WHEREAS, In May, 2007, Contractor requested that the Town modify the Agreement to change the primary collection days for solid waste collection and recyclable materials; and WHEREAS, Town Council considered Contractor's request and agreed to a First Modification memorializing the change to the primary collection days set forth in the Agreement (hereinafter "First Modification"); and WHEREAS, In June, 2008, subsequent to the third anniversary of the Agreement and consistent with the terms of the Agreement, Contractor requested an increase in the rate to allow Contractor the rate increase based upon Consumer Price Index for the Dallas Fort Worth Area as authorized by Section "W" entitled "Rates" of the Agreement; and WHEREAS, Due to the approval of the increase in rates, Town and Contractor find it necessary to modify the Agreement to adopt the increased rates as set forth in Exhibit "A", which is adopted in Section "W" of the Agreement entitled "Rates", as specifically set forth in this the Second Modification of the Agreement (hereinafter "Second Modification"); NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and valuable consideration, the parties hereto agree as follows: 1. Incorporation of Agreement and First Modification The Agreement and the First Modification are incorporated herein as if written word for word. Except as provided below, all other terms and conditions of the Agreement and First Modification shall remain unchanged and shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in this Second Modification, the First Modification and the Agreement, priority of interpretation shall be in the following order: Second Modification, First Modification; Agreement. If. Modification of Agreement Effective as of the day and year first written above, Section "W" of the Agreement entitled "Rates" is hereby deleted in its entirety and a new subparagraph "W" entitled "Rates" and adopting Exhibit "A", is added to read in its entirety as follows: W. Rates: Contractor shall perform the service required hereunder at the rates set forth on Exhibit "A", a copy of which is attached hereto and incorporated herein. The rates set forth on Exhibit "A" for Solid Waste collection and disposal shall be fixed for a period from July 1, 2008 until July 1, 2009. Thereafter, the rates for Solid Waste Collection and disposal shall be adjusted annually on that same date for each subsequent year during the term, by the percentage increase, if any, in the Consumer Price Index for the Dallas -Fort Worth Area. If the specified index ceases to b available, the parties shall use the most closely comparable index then available. The rates for collection of Recyclable Materials shall remain fixed for the initial five-year term of the Agreement. If the parties agreed to renew this Agreement for one or more additional five-year term, the Town and Contractor agree to negotiate in good faith to agree on a rate for collection of Recyclable Materials for such renewal term. Notwithstanding the foregoing, the Town reserves its legal right not to renew this agreement beyond the initial term hereof. No statement contained herein regarding good faith negations on rate or other items shall be construed as an agreement for automatic renewal of this Agreement nor shall the Town be deemed in violation of this paragraph if such good faith negations fail and the Agreement is not renewed. IN WITNESS WHEREOF, the parties enter into this Second Modification on the date first written above. Date: Date: //', 7,,?Ooy ATTEST: Lisa He �nek.Town Secretary APPROVED AS TO FORM: Patricia A. Ad—ams, Town Attorney ALLIED WASTE SERVICES, INC. d/b/a TRINITY WASTE SERVICES BY TitlI TOWN OF TROPHY CLUB, TEXAS BY: C. Nick Sanders Mayor COMMERCIAL FRONT -LOAD RATES PTrTCT TPC PFR WFFTC SIZE Ix 2 X 3 X 4X SX 6 X EXTRA 2 YD 50.34 97.96 146.93 195.90 244.89 293.86 17.60 3 YD 58.46 114.20 171.29 228.38 285.47 342.59 20.46 4 YD 66.59 130A3 I95.65 260.87 326.08 391.30 23.31 6 YD 82.82 162.91 244.36 325.82 407.27 488.74 28.98 8 YD 99.06 195.401 293.08 1 278.26 488.48 586.17 34.67 COMMERCIAL RECYCLING (OCC ONLY) SIZE Ix 6 YD 50.80 8 YD 60.47 Der month per month C'OMMF.RC'.TAfi, ROU. OFF RATES SIZE TYPE DELIVERY RENTAL PER DAY TOTAL PER LD DEPOSIT PER CONT 20 YD OPEN 78.62 6.05 302.37 229.80 25 YD OPEN 78.62 6.05 336.24 229.80 30 YD OPEN 78.62 6.05 341.08 229.80 35 YD OPEN NEGO NEGO 399.13 NEGO 40 YD OPEN 78.62 6.05 447.51 229.80 28 YD COMP NEGO NEGO NEGO NEGO 30 YD COMP NEGO NEGO NEGO NEGO 35 YD COMP NEGO NEGO NEGO NEGO 40 YD COMP NEGO NEGO NEGO NEGO 42 YD COMP NEGO NEGO NEGO NEGO MUD CONTAINERS Per Ton Montlsty Rental jToiRper Ld 20 YD OPEN 14.16 164.39 1 0.00 1 251.98 FRANCHISE FEE PERCENTAGE 8.00% COMMERCIAL HANDLOAD i TIME PER WEEK rr $13.72 PER MONTH (Limit 4 bags) CASTERS $23.59 [PER MONTH - PER CASTER LOCKS $22.39 /PER MONTH - PER LOCK RESIDENTIAL CURBSIDE: $8.58 [MONTH RECYCLING CURBSIDE: $1.78 /MONTH RESIDENTIAL & RECYCLING CURBSIDE TOTAL: $10.36 /IVIONTH EFFECTIVE DATE: 7/1/2008 CITY HALL PHONE # :682-831-4600 EXHIBIT A THIRD MODIFICATION TO SOLID WASTE COLLECTION AND DISPOSAL RECYCLABLE MATERIALS COLLECTION CONTRACT eTHIS Third Modification (the "Third Modification") is made this 2010. between the Town ofTrophy Club, Texas, ahome rule municipal corporation ufDenton County and Tarrant County (the "Town') and Allied Waste 8ya1anna. Inc., a Oe|nwano corporation d/b/eAllied Waste Services — Fort Worth ("Contractor"). WIT0ESSETH; WHEREAS, Town and Contractor entered into the Agreement on orabout June 1.2005 (n»nainafba "Agreement"); and WHEREAS. In May, 2007. Contractor requested that the Town modify the Agreement to change the primary collection days fbr solid waste collection and naoydebka materials; and W8HEREAG. Town Council considered Contractors request and agreed to a First Modification memorializing the change to the primary onUocbon days set forth in the Agreement (hereinafter "First Nlodificetkon^); and WHEREAS, In June. 2008. subsequent to the third anniversary of the Agreement and consistent with the terms of the Agreement, Contractor requested an increase in the rate to allow Contractor the rate increase based upon Consumer Price Index for the DoUoo Fort Worth Area as authorized by Section "W entitled 'Rates" of the Agreement; and WHEREAS, Town Council considered Contractor's request and agreed to n Second K8nd§OoeUon which modified the Agreement to adopt the increased rates as net forth inExhibit 'A",thereto (hereinafter "Second K8odificaOon");and WHEREAS, In January2O1U. Contractor requested further amendments tothe Agreement relative tothe Term and $nthe Rates; and WHE8E\S. TownCound|conaideredContrado/anmquaotondagreodboaThindK4odifimation aaexpressly set forth below; NOW THEREFORE, IN CONSIDERATION of the fumgoinQ, and for other good and moivabka consideration, the parties hereto agree osfollows: L Incorporation ofAgreement and Prior Modifications The Agreement, the First Modification, and the Second Modification are incorporated herein as if written word for word.Bxceas provided below, all other terms and conditions of the Agreement, the First Modification, and the Second N\odifinaUonshall remain unchanged and nhoU remain infull fonua'andeffect. |nthe aventofany conflict orinconsistency -bokul�6uthe provisions set forth in this Third Modification, the Second Modification, the First Modification and the Agneemen1, priority of interpretation shall be in the following order. Third Modification, Second Modification, First Modification; Agreement. II. Modification of Agreement 2.D1. Effective as.of the day and year first written above, Section "B" of the Agreement entitled "Term" is hereby deleted in its entirety and a new Section "B" is hereby added to be and read in its entirety as follows: B. Term: The term of the Agreement as amended by this Third Modification shall be for a five (5) year period beginning April 18, 2010 and ending on April 17, 2015. The term may be extended for an additional five (5) year period, on the same terms and conditions as set forth in the Agreement and Third Modification, by mutual consent of the parties, each expressed in writing and given at least sixty (60) days before the end of the term. 2.02 Effective as of the day and year first written above, Section "W" of the Agreement as amended by the Second Modification, entitled "Rates" is hereby deleted in its entirety and a new Section "W" entitled "Rates" and adopting Exhibit "A", is hereby added to be and read in its entirety as follows: W. Rates: Contractor shall perform the service required hereunder at the rates set forth on Exhibit "A", a copy of which is attached hereto and incorporated herein. The rates set forth on Exhibit "A" for Solid Waste collection and disposal shall be fixed for a period from April 18, 2010 until April 17, 2015. Thereafter, the rates for Solid Waste Collection and disposal shall be adjusted annually on that same date for each subsequent year during the term, by the percentage increase, if any, in the Consumer Price Index for the Dallas -Fort Worth Area. If the specified index ceases to be available, the parties shall use the most closely comparable index then available. The rates for collection of Recyclable Materials shall remain fixed for the current five-year term of the Agreement. If the parties agreed to renew this Agreement for one or more additional five-year terms, the Town and Contractor agree to negotiate in good faith to agree on a rate for collection of Recyclable Materials for such renewal term or terms_ Notwithstanding the foregoing, the Town reserves its legal right not to renew this agreement beyond the current term hereof. No statement contained herein regarding good faith negations on rate or other items shall be construed as an agreement for automatic renewal of this Agreement nor shall the Town be deemed in violation of this paragraph if such good faith negations fall and the Agreement is not renewed. IN WITNESS WHEREOF, the parties enter into this Third Modification on the date first written above. Date: ALLIED WASTE SYSTEMS, INC. DBA ALLIED WASTE SERVICES — FORT WORTH By: Nick Stefkovich, Area President TOWN OF TROPHY CLUB, TEXAS Date: BY: A�,Ilel - 1"& Connie White Mayor ATTEST - I Hop'� 0 Lisa Hennek, Town §ecretky CU APPROVED AS TO FORM: Patricia k Adams, Town Attorney ALLIED WASTE SERVICES Franchised City Dates Town of Trophy Club COMMERCIAL FRONT -]LOAD RATES Mrrvt Inc vrn Wve•tr SIZE IX 2X -3X 4X 5X 6X EXTRA 2 YD 67.96 132.25 199.36 264A7 330.60 396.71 23.76 3 YD 78.92 154.17 231.24 308-31 385.38 462.50 27.62 4 VD 89.90 176.08 264.I3 352.17 440.21 528.26 31.47 6 YD 111.81 219.93 329.89 439.86 549.91 659.80 39.12 8 Y13 133.73 263.79 395.66 r 375.65 659.45 1 791.33 46.80 SIZE Ix 6 YD 68.58 per month S YD 81.63 per month ttr`'nlililli€W.R rT A 1. 'R' OT .T .CDT'+ F R A TES SIZE TYPE DELIVERY RENTAL PEA DAY TOTAL PER LD DEPOSIT PER CONT 20 YD OPEN 106.14 8.17 409.20 310.23 25 YD OPEN 106.14 8.17 453.92 310.23 30 YD OPEN 106.14 8.17 460.46 310.23 35 YD OPEN NEGO NEGO 538.83 1 NEGO 40 YD OPEN 106.14 8.17 604.14 310.23 28 YD COMP NEGO NEGO NEGO NEGO 30 YD COMP NEGO NE -GO NEGO NEGO 35 YD COMP NEGO NE -GO NEGO NEGO 40 YD COMP NEGO NEGO NEGO NEGO 42 YD COMP NEGO NEGO NEGO NEGO FRANCHISE TEE 60/0 COMMERCIAL HANDLOAD I X PER WEEK® S 18.52 PER MONTH (4 bug limit) CASTERS S 31.85 [PER MONTI] LOCKS S 30.23 1LIFT RESIDENTIAL CURBSIDE TRASH S 1137 MONTHRESIDENTIAL RECYCLING (2 Bins) S 236 /MONTH /MONTI3 EFFECTIVE DATE 0/0/0000 CITY HALL PRONE 0 682 / 831-4600 1991 5.7 15.3 14.9 4.9 5.0 14.71 4.4 3.8 13.4 2.9 13.0 3.1 4.2 1992 2.6 2.8 3.2 3.2 3.0 3.1 3.2 3.1 3.0 3.2 3.0 2.9 3.0 1993 3.3 3.2 3.1 3.2 3.2 3.0 2.8 2.8 2.7 2.8 2.7 2.7 3.0 1994 2.5 2.5 2.5 2.4 2.3 2.5 2.8 2.9 3.0 2.6 2.7 2.7 2.6 1995 2.8 2.9 2.9 3.1 3.2 3.01 2.8 2.6 12.5 2.8 12.6 2.5 12.8 1 1996 2.7 2.7 2.8 2.9 2.9 2.8 3.0 2.9 3.0 3.0 3.3 3.3 3.0 1997 3.0 3.0 2.8 2.5 2.2 2.3 2.2 2.2 2.2 2.1 1.8 1.7 2.3 1998 1.6 1.4 1.4 1.4 1.7 1 1.7 1.7 1.6 1.5 1.5 1.5 1.6 1.6 1999 1.7 1.6 1.7 2.3 2.1 2.0 2.1 2.3 2.6 2.61 2.612.7 2.2 2000 2.7 3.2 3.8 3.1 3.2 3.7 33.7 3.4 3.5 3.4 1 3.4 3.4 3.4 2001 3.7 3.5 2.9 3.3 3.6 3.2 2.7 2.7 2.6 2.1 1.9 1.6 2.8 2002 1.1 1 1.1 1.5 1.6 1.2 1.1 1.5 1.8 1.5 2.0 2.2 2.4 1.6 1 2003 2.6 3.0 3.0 2.2 2.1 2.1 2.1 2.2 2.3 2.01 1.8 1.9 2.3 2004 1.9 1.7 1.7 2.3 3.1 3.3 3.0 2.7 2.5 3.2 3.5 3.33 2.7 2005 3.0 .3.0 3.1 15 2.8 2.5 3.2 3.6 4.7 4.3 3.5 3.4 3.4 2006 4.0 3.6 3.4 3.5 4.2 4.3 4.1 3.8 2.1 1.3 2.0 2.5 3.2 2007 2.1 2.4 2.8 2.6 2.7 2.7 2.4 2.0 12.8 3.5 4.3 4.1 2.8 2008 4.3 4.0 4.0 3.9 4.2 5.0 5.6 5.4 4.9 3.7 1.1 0.1 3.8 2009 0.0 0.2 -0.4 -0.7 -1.3 1-1.4 -2.1 -1.5 -1.3 -0.2 1.8 2.7 -0.4 2010 2.6 2.1 2.3 2.2 2.0 1.1 1.2 1.1 1.1 1.2 1.1 1.5 1.6 2011 1.6 2. .7 3.2 3.6 3.6 3.6 3.8 3.9 3.5 3.4 3.0 3.2 2012 2.9 1 2d.9 2.7 12.3 1.7 1.7 http://www.usinflationcalculator.com/inflation/historical-inflation-rates/ 8/15/2012 m -4i 0 0 �y TO M 0 =0 --jKp6w 0 0 :30 0 0 ZT 0 :P, CD (D =5 - CD CD :3 � -0 CD (D CD --3 (D (D o m 3'a 0 0 :3 0 CD :3 0 CD CD < CD (Dr, rz--Z 0 (D CD c: W. o w :3 . <— CD — CD 0- lz (D 0 C:, � (D -sue_ n 0 -- 3 —13 0 :5 � 0 (D (D = 0 CD CD -00xm-a(D W3�- 0-0 — =t 0 CD =. :3 `tea -0 (D 0 CD 0 CD S* FD :3 0 w 0 — M _ 0_ Co CD 2w 5- (D 0 05 0 3 0 :F- j T CD . ET tn 0 cn p (D 0 CD - ::r cn , — Z3 :3 0 MZ w (D 0- x . CD 3-o -moo x -u co :3 (D -n :_— (D — R CD 0 W (D 0 (D 0 :3 0 0 0 w CD C: 0 cD (D CD (D CL 0 (D M 0 0 (D CD 0 D C/) 3 0 C—D 0 3 3 -n -o w 0 0 :3 -n CD :3 D) CD W CD = 0 w En W cn 0, —.,Z r C: rQ 0- Con CD -n cn 3 _0 C) :3 --1 :3 0 0 0 (D CD (D :5- C:) 0 0 0 CD w o C) CD o 0 0 CD -0 -n CD CD IV En 1 0- D.3 , Discuss and take appropriate action relative toFinal Plat approval of an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O'O.Development LLC.(FP-O7'O11) A. Discuss and take appropriate action regarding the approval ofthe Subdividers Agreement for a12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Mayor Sanders advised that Staff iswaiting for oletter from the CORP inorder homove forward. Noaction; died for lack ofmotion. D.4 Discuss and take appropriate action regarding the Parkland dedication for Churchill downs. Town K8onaQar Ennrnone explained the Ordinance requires the Town accept !and donation in an amount of5 acres ormore. In the event that cash is accepted the value shall be calculated at a rate of one acre per forty four lots. Based upon the methodology for parkland dedication contained in the Town's ordinance, the Developer of Churchill Downs would owe $57,670 that would be paid as money in lieu of parkland dedication. That cost calculation isbased upon the following: 35Dwelling units require ePark Land turnover of.79acres. Using the land purchase price of$73.UOO.00 per acre would require the developer to pay $57.870.00 in monies in lieu of land. Motion made by Williams, seconded by Cates moved to refer to a future meeting. Council member Edstrom would like a better understanding of Mr. Price's offer. Motion torefer passed unanimously without further discussion. D.5 Discuss and take appropriate action regarding o request from Allied VVaota Services tnadjust the holiday pick upschedule and regularly scheduled collection days. Town Manager Emmons introduced Jeri Harwell from Allied and said he would like to see Allied amend their contract with the schedule change that can be approved at a future meeting under the Consent Agenda. K8u. Harwell said Allied respectfully request this schedule change in order to better serve the residents. Mondays are so busy that it is often hard to get to all residents. If holiday haUa on Friday, pick up would be on Saturday, |faholiday imonoMonday, pickup will beWednesday. Mayor Sanders asked about notification tothe residents. Ms. Harwell said they will notify with door hangers. Town N1anagerEmnmonssuggested aJuly 1m.effective date inorder hnget the notification out tothe residents. Council rnennbar Edsbonl questioned if Council understood the change. Ms. Harwell said one reason for the holiday change was so that their workers do not have to work every holiday, this shift will help Allied's level of service. Motion made byCates, seconded byLamont toapprove. Mayor Sanders o|ahfiad the motion was to approve the regularly scheduled noUeoUun days toTuesday and Fridays and for waste collection to be moved back one day during holiday weeks. Motion passed unanimously without further discussion. D.6 Discuss and take appropriate action regarding a Resolution determining the total coat of the Town Of Trophy Club Public Improvement 0ethci No. 1 improvements (The Highlands At Trophy C|ub\, preparing e proposed oosanamnnt noU, directing the filing of the proposed osaasannant nuU, calling a public hearing to consider proposed assessments and providing for the publication of notice. Mayor Sanders recognized Mehrdad Moayedi from Centurion Development Group, Kyle Saulsman from Carter and Burgess and Robert Miklos from Hughes and Luce. 4 6 _- /� -pia lvj,,1,161tT� E. Neighborhood 9 Town Manager Emmons referred to page 58 of, the packet and provided that BDMR Development, LLC, requests amendments to the following subdivider's agreements to allow for issuance of building permits prior to Final Acceptance of these neighborhoods. The following items must be completed prior to issuance of any building permits: Streets, Drainage and Storm Sewer, Sewer, Water Distribution System, and Signs. Building permits for 20% of the total homes proposed to be constructed in each neighborhood. may be issued prior to the completion of the following: Landscaping, Subdivision Wall, Driveways and Walkways, Lights, and Common Area(s). Certificates of occupancy will not be issued until all items have been completed and approved by the Town. Motion made by Sterling; seconded by Edstrom to approve the amendments to the Subdivider's Agreements for the following neighborhoods of The Highlands at Trophy Club: A. Neighborhood 1, Phase 1 CA B. Neighborhood 2, Phase 1A C. Neighborhood 2, Phase 113 D. Neighborhood 5, Phase 1 D-1 E. Neighborhood 9 Mayor Pro Tem Sterling encouraged the residents to drive through and tour the new development. Motion passed unanimously without further discussion. C.5 Discuss and take appropriate action regarding a rate increase for solid waste collection and disposal services provided by Allied Waste. Town Manager Emmons stated that Allied Waste has proved a rate increase for solid waste collection and disposal services by providing a ninety-five gallon trash cart -and changing to once a week collection. Tim Powell, General Manager presented the increased services levels with -automation. Mayor Pro Tern Sterling said Allied is looking at a considerable savings by implementing the automation which reduces man power, and reducing weekly pick-ups, thereby saving in fuel. Sterling said that he does not completely oppose the idea of carts, but Allied carts are too big and their surcharge is too high considering their service cutbacks. Trophy Club's contract expires in two years and it will take five years to amortize the carts. Mr. Powell recommended extending the contract to seven years. Council member Edstrom said the Public Works Advisory Group previously looked at this and did not receive positive citizen support. The size and space is not accommodating for the elderly and Edstrom is not a proponent because of the size of the cart. Edstrom requested the Public Works Advisory Group first review the automation proposal and asked that a soft copy of this presentation be forwarded to the Council. Steven Kohs, 18 Over Hill Drive — Is not in favor of the automation. Motion made by Edstrom; seconded by Moss to move forward with the price increase of $10.36 per home for fuel increase plus disposal, without automation. Motion passed unanimously without further discussion. Council directed staff to have the Public Works Advisory Group to review carts and automation. C.6 Discuss and take appropriate action regarding the award of bid for the Street Bond project (Oak Hill, Avenue 20, Brook Hollow lane and Brook Hollow Court) and authorizing the Mayor or his designee to execute all necessary contract documents. Ms. McAlister explained that Big Read is a program ofthe National Endowment for the Arts in partnership with the Institute of Museum and Library Services and in cooperation with Arts Midwest designed to revitalize the role of literature in American culture and to encourage citizens to read for pleasure. Ms. McAlister listed the different programs within this Grant Council member Edsbom o|ahfiad Byron Nelson High School's consent ho participate. Edmhmm stated that she iacomfortable committing in -kind funds. Mayor Pro Tern Shntharoonfinnedthat the Town'acontribution will gotowards all ofthe programs within this Big Read Grant Program. Town Manager Emmons and Town Attorney Adams said that motion to support would suffice as Council's Resolution. The Council suggested incorporating this into the Towntevents. Motion made byEdabnm.seconded byWilson Uusupport the National Endowment pfthe Arts' Big Read Grant Program in combination of cash and contributing in -kind in the amount of $2,500.00. Mofionpassed unanimously without further discussion. 3. action Third Modification of the Agreement between the Town and Allied Waste to adopt a rate increase for solid waste collection, transportation and disposal serviem AtiheJanuery4.2O1OmeeUng.dhaTownCounuUnequestedAUiedbhngbachdhnaediffeyentopbono i.Current level ofservice 2'G4gallon recycle bin ' picking upevery week 3.95gallon recycle bin - picking upevery other week Dave Edabom.28AOak Hill Drive Spoke against the recycling carts. - LC.Crowley -41OLakewood Drive — Spoke against the recycling carts. Allied Waste Representatives, Jeri Harwell, Reid Donaldson and Craig Mikolajchek were in attendance. Council member Edmbnm abyied that the majority of the homes were built in the 1970'a and have very small garages, with not enough room to store the carts. The Town also has an Ordinance that prohibits oeds being atoned in the view of the front to the home. Edobnm suggested that the current recycling program be promoted; magnets with the trash dates and educational information on what items can be recycled. Council member Sterling personally favors carts; however Sterling acknowledged that not all of his neighbors are infavor. Sterling is not certain that the greater cost covers the lesser service and although there iaanincrease, Sterling supports the current level ofservices. Council member Wilson asked Town Manager Emmons for his recommendation and stafrs preference. Town Manager Emmons said that itishard hufind compaoab|esLothat ofother cities. Staff has spent o lot oftime negotiating this contract and Emmons recommended the Q5cart (Option 3). Council member Edstrom agnaad, stating that Roanoke and VVaaUako are not comparable. Westlake homes have three plus garages and Roanoke does not have an Ordinance restricting storing uods outside, infront ofhomes. Town Council Minut 7! led January 18, 2010 //~/�~�o 'u Motion made by Edstrom, seconded by Sterling to approve aThird Modification (Option 1-same level of service) ofthe Agreement between the Town and Allied Waste to adopt rate increase for solid maaba collection, transportation and disposal services. Jeri Harwell agreed to promote and educate the residents onrecycling oothat they are better informed for mcontract review next year. Motion passed unanimously without further discussion. Council member Wilson left the meeting due toanother obligation. 5. 2810-31-T Consider and take appropriate action regarding mResolution selecting anew name for Northeast Park. At the January 5, 2010 Parks and Recreation Board meeting the Board voted and selected the top three names for recommendation boTown Council. J.D.Stott, 1 Narrow Creek Court —Addressed Council stating that this item was discussed at the last Park Board meeting. The following names were voted on. 1.Freedom Park (submitted byLakeview Elementary) 7xotea 2' Liberty Park 2vcdeo 3. Pecan Hollow Park 2vobas Motion made by Rose, seconded by Edstrom to approve a Resolution selecting Freedom Park as the new name for Northeast Park. Motion passed unanimously without further discussion. 6. 2010�3-T Consider and take appropriate action on a Resolution expressing the Town's Intent to Reimburse Expenditures made for park improvement projects from the proceeds of tax- exempt obligations to be issued in the future On November 3, 2009 voters approved a $5 million Bond Election for Park Improvements. The Town's Bond Counsel Julie Partain, with Vinson & Elkins, has prepared the attached Reimbursement Resolution which will enable the Town to go forward with some of the preliminary expenses associated with the park projects. The Resolution allows the Town to use a portion of our General Fund unallocated fund balance and reimburse those expenditures with the proceeds of the bonds, once issued. The associated bonds are scheduled to be issued in late March to early April, at which time Staff will reimburse the General Fund balance for any previous expenses. Town Manager Emmons explained that this Resolution isnecessary asthe Town has not yet issued debt but has construction costs due. In tent toKnoUonmadaby3��g.seoondodby8bother$oapproveaweso|uuon mTmm�noan a Reimburse Expenditures made for park improvement projects from the proceeds of tax-exempt obligations bzbeissued inthe future. Motion passed unanimously without further discussion. Town Council Minutes dated January i8. 2010 4 AA WK AMID WAM fu41lu A A OV9I+C #Ei'++'+Ci'S Cuire V 2012 Contract Options e - I ZOA SERVICES An Environmental Partner You Can Count On a Current Service Trash $11.37 Recycle 2.36 Total $13.73 Contract Began - April 1, 2010 Contract Expires - April 17, 2015 Service Provided: REPUBLIC SERVICES 6% Franchise Fee $6,000 per year for education Trash - 2x's per week take all - no carts Recycle - 1x per week (18 gal bin) Option 1 - Carts - Trophy Club Only REPUBU SERVICES 1 x per week Trash $ 9.85 Recycle 3.19 Total $13.24 Service Provided: 2x's per week Trash $14.37 Recycle 3.19 Total $17.76 8% Franchise Fee 2 HHW/E-Waste/Shredding Events Per Year at No Cost • Additional Carts available for $4.25 per cart per month -Paid Bulk Service on call service available Trash — 1 x per week (96 gal cart) or 2x's per week (96 gal cart) Recycle — 1 x per week (65 gal cart) Bulk/Brush — 2x's per month Carts owned, delivered and maintained by Allied Waste Services *Commercial Increase 5% Effective Date 11 /1 /12 Alternate Option - 6% Franchise REPUBLi SERVICES Trash $11.37 Recycle 3.85 Total $15.22 6% Franchise Fee $6,000 per year for education Service Provided: Trash - 2x's per week take all - no carts Recycle - 1 x per week (65 gal carts) Effective Date 1111 /12 Alternate Option - 8% Franchise REPUBLi SERVICES Trash $11.62 Recycle 3.85 Total $15.47 Service Provided: 8% Franchise Fee 2 HHW/E-Waste/Shredding Events Per Year at No Cost *Commercial Increase 5% Trash — 2x's per week take all — no carts Recycle — 1 x per week (65 gal carts) Effective Date 11 /1 /12