The URL can be used to link to this page

Agenda Packet TC 10/25/2016I (� . �* TOWN OF TROPHY CLUB Tuesday, October 25, 2016 Town of Trophy Club Meeting Agenda Town Council 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 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 four (4) 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. ANNOUNCEMENTS AND REPORTS 1. 2016-614-T Acting Town Manager Arata's update regarding the following; discussion and provide input regarding same (Staff): 'Newly Hired Employees 'Early Voting `Christmas Event `Town Hall Construction 2. 2016-615-T Town Council Liaison Updates; discussion of same (Staff): *Parks and Recreation Board, October 17, 2016 Council Liaison - Council Member Philip Shoffner Town Council Page 1 of 98 Meeting Date: October 25, 2016 Town Council Meeting Agenda October 25, 2016 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. 3. 2016-616-T Consider and take appropriate action regarding the Special Session Minutes dated September 19, 2016 (Staff). Attachments: Draft TC Special Session Minutes September 19, 2016.pdf 4. 2016-617-T Consider and take appropriate action regarding the Joint Session Minutes dated September 19, 2016 (Staff). Attachments: Draft TC Joint Session Minutes September 19, 2016.pdf 5. 2016-618-T Consider and take appropriate action regarding the Regular Session Minutes dated September 27, 2016 (Staff). Attachments: Draft TC Regular Session Minutes September 27, 2016.pdf 6. 2016-627-T Consider and take appropriate action regarding a Lease Agreement between the Town and New Cingular Wireless PCS, LLC for a wireless antenna facility located on the Town's Water Tower at 2901 Bobcat Boulevard, Denton County, Texas; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Attachments: Staff Report - New Cingular Wireless Lease Agreement.pdf New Cingular Wireless Option and Structure Lease Agreement.pdf Site Plan and Elevation Exhibit.pdf 7. 2016-628-T Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Beacon Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Attachments: Staff Report - BEST EMS.Pdf BEST EMS Medical Director Agreement.pdf 8. 2016-635-T Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Security Video Management System Program for the 2016-2017 Fiscal Year; and authorizing the Acting Town Manager or his designee to execute all necessary documents (Staff). Attachments: Staff Report - Security Video Management System Program.pdf RES 2016-32 - Security Video Management System Program.pdf Town Council Page 2 of 98 Meeting Date: October 25, 2016 Town Council Meeting Agenda October 25, 2016 REGULAR SESSION 9. 2016-619-T Consider and take appropriate action regarding the award or rejection of bids for the Veteran's Memorial, Independence Park West parking lot adjacent to the Veteran's Memorial, and Harmony Park parking lot; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Attachments: Staff Report - Veteran's Memorial and Parking Lot Bids.pdf TNP Letter of Recommendation for Contract Award.pdf Bid Tab for Parking Improvements for Veteran's Memorial and Harmony Park.pc 10. 2016-623-T Consider and take appropriate action regarding the new Trophy Club Town Hall and Police Department facility specific to the review of items that were removed from the original plan and the financial status of available funds (N. Sanders and J. Parrow). Attachments: Town Hall Funding.pdf Alternates - Town Hall.pdf 11. 2016-621-T Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2016-2017 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 1); providing for an amendment to appropriate funds for expenditures and recognize revenue associated with operating the Fire Department; and providing an effective date (Staff). Attachments: Staff Report - Budget Amendment No. 1.pdf Ordinance No. 2016-47 - Budaet Amendment No. 1.Ddf 12. 2016-625-T Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for November 8, 2016 and items from the Town Council Future Agenda Items list (Staff). Attachments: November 8, 2016 Upcoming Agenda.pdf Items for Future Agendas updated 10-17-2016.pdf Town Council Page 3 of 98 Meeting Date: October 25, 2016 Town Council Meeting Agenda October 25, 2016 EXECUTIVE SESSION 13. 2016-624-T Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. Town Secretary Holly Fimbres (P. Shoffner and R. Rowe) 2. Town Manager position search (Town Council) B) Section 551.087 Deliberations regarding Economic Development Negotiations under Subsection (2) to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: Potential Projects and Incentives (Staff) RECONVENE INTO REGULAR SESSION 14. 2016-622-T Consider and take appropriate action regarding a Town Personnel Policy regarding maternity leave; discussion of same (R. Rowe and G. Reed). Attachments: Draft Maternity Leave Policv.pdf 15. 2016-626-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 4 of 98 Meeting Date: October 25, 2016 Town Council Meeting Agenda October 25, 2016 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on October 20, 2016 by 6:00 p.m. in accordance with Chapter 551, Texas Government Code. Holly Fimbres Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the day of .2016. Title: Town Council Page 5 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-614-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Acting Town Manager Arata's update regarding the following; discussion and provide input regarding same (Staff): *Newly Hired Employees *Early Voting *Christmas Event *Town Hall Construction Attachments: Date Ver. Action By Action Result Acting Town Manager Arata's update regarding the following; discussion and provide input regarding same (Staff): *Newly Hired Employees *Early Voting *Christmas Event *Town Hall Construction Agenda Item No. 1 Town Council Page 6 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-615-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Town Council Liaison Updates; discussion of same (Staff): *Parks and Recreation Board, October 17, 2016 Council Liaison - Council Member Philip Shoffner Attachments: Date Ver. Action By Action Result Town Council Liaison Updates; discussion of same (Staff): *Parks and Recreation Board, October 17, 2016 Council Liaison - Council Member Philip Shoffner Agenda Item No. 2 Town Council Page 7 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-616-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding the Special Session Minutes dated September 19, 2016 (Staff). Attachments: Draft TC Special Session Minutes September 19, 2016.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the Special Session Minutes dated September 19, 2016 (Staff). Agenda Item No. 3 Town Council Page 8 of 98 Meeting Date: October 25, 2016 MINUTES FROM TOWN COUNCIL SPECIAL SESSION FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 19, 2016 at 6:00 P.M. Public Service Conference Room The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, September 19, 2016. 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: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Farrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Steven Glickman Assistant Town Manager/CFO David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Patrick Arata Police Chief arrived a Mayor Sanders announced the date of Monday, September 19, 2016, called the Town Council to order and announced a quorum at 6:03 p.m. EXECUTIVE SESSION 1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A) Section 551.087 Deliberations regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: Potential Projects and Incentives B) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Manager position search CONVENED INTO EXECUTIVE SESSION - START TIME — 6:04 P.M. RECONVENED INTO SPECIAL SESSION - START TIME — 6:28 P.M. Town Council Page 9 of 98 Meeting Date: October 25, 2016 2. Consider and take appropriate action regarding the Executive Session. Agenda Item 1 (A) Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve the Amended Economic Development Agreement for Public -Private Partnership between the Town of Trophy Club, Texas and OTD TC, LLC for the Bread Winners restaurant development. Motion passed unanimously. Agenda Item 1 (A) Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve the Economic Development Agreement for Public -Private Partnership between the Town of Trophy Club, Texas and OTD TC Compound, LLC for the second phase of restaurant development at Trophy Wood Drive. Mayor Sanders commented that the purpose of the agreements were to allow amendments to be made to the original agreement with OTD regarding percentages of reimbursement. The vote was taken. Motion passed unanimously. Agenda Item 1 (A) Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve the Declaration of Parking Easement for Town owned property at Trophy Wood Drive with an amendment as discussed during Executive Session to Item No. 1, OTD Consideration, regarding grading. Motion passed unanimously. ADJOURN Mayor Sanders adjourned the Holly Fimbres, Town Secretary/RMO Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Special Session Minutes September 19, 2016 Page 2 of 2 Town Council Page 10 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-617-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding the Joint Session Minutes dated September 19, 2016 (Staff). Attachments: Draft TC Joint Session Minutes September 19, 2016.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the Joint Session Minutes dated September 19, 2016 (Staff). Agenda Item No. 4 Town Council Page 11 of 98 Meeting Date: October 25, 2016 MINUTES FROM TOWN COUNCIL JOINT SESSION FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 19, 2016 at 6:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Joint Session with the Trophy Club Municipal Utility District (TCMUD) No. 1 Board of Directors on Monday, September 19, 2016. 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: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Farrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Rick Lasky Interim Fire Chief Mike Pastor Information Services Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD MEMBERS PRESENT: Kevin Carr President Greg Wilson Vice President Jim Hase Secretary/Treasurer Bill Rose Director Jim Thomas Director TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 STAFF PRESENT: Laurie Slaght District Secretary Paul Liston Legal Counsel Renae Gonzales Finance Manager Mayor Sanders announced the date of Monday, September 19, 2016, called the Town Council to order and announced a quorum at 6:37 p.m. 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 four (4) 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. There were no citizen presentations. Town Council Page 12 of 98 Meeting Date: October 25, 2016 JOINT SESSION 1. Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Administration of Fire Protection Services between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or his designee to execute all necessary documents. Mayor Sanders provided a presentation that displayed changes to the Interlocal Cooperation Agreement for Administration of Fire Protection Services proposed by the Town of Trophy Club and Trophy Club Municipal Utility District (TCMUD) No. 1. Assistant Town Manager/CFO Glickman recommended changing "expenses" to "expenditures" within the third proposed Whereas clause. Both entities agreed to the change so that the third Whereas clause read as follows: the PID pays their part of the fire expenditures through an assessment from the Town. Discussion took place that the word "portions" within the first Whereas clause included the areas that were out of the District and out of the PID as identified in the previously approved Second Amended Interlocal Cooperation Agreement for Fire Protection Services. Council was in favor of extending the initial term of the agreement to five (5) years within Section 1.2, Term, and to have a review performed in July 2017 to be consistent with the budget cycle. After the TCMUD No. 1 Board of Directors discussed their preferences, there was consensus from both entities to change the initial trial period to five (5) years, to have a joint meeting to review the agreement in July 2017, and for the agreement to automatically be extended for an additional five (5) year term unless written notice of nonrenewal is given in accordance with Section X. r o TCMUD No. 1 Board Director Rose requested to ve "Emergency Medical Services" with the definition for "Fire -fighting Activities", "Fire Protection Services", or "Fire Functions" because it would create a conflict with Section B, Funding. There was consensus from both entities to proceed with the removal of "Emergency Medical Services". Council Member Shoffner suggested that the prepared budget be presented to both entities during a joint meeting within Section 3.1, Budget and Funding, Subsection A, Budget Preparation, as opposed to being presented to both entities separately. Council was in favor of amending the first paragraph within Section 3.1, Budget and Funding, Subsection A, Budget Preparation, to read as follows: Town shall prepare a budget for Fire Protection Services and present that budget to the Town Council and District for approval at a joint meeting before August 1 of each year. Both parties shall approve the contractual budget by August 15 of each year. Budget amendments requiring additional funding shall be submitted for approval to both Town Council and District. This Agreement does not impact the authority of District to set the appropriate tax rate for District. After discussing the TCMUD No. 1 budget related to fire services and required budget deadlines, both entities agreed to the proposed amended paragraph. Both entities agreed not to implement the proposed addition of "with the exception of 2016" within the second paragraph of Section 3.1, Budget and Funding, Subsection A, Budget Preparation. There was consensus from both entities to amend Section 3.1, Budget and Funding, Subsection B, Funding, Paragraph 3 to read as follows: District shall fund 100% of all fire capital replacement costs through an annual capital replacement contribution as defined herein, in accordance with the terms of the approved Fire Budget through the assessment and collection of an annual Fire Tax on the property owners of District. Discussion took place that the District will continue to pay all outstanding debt obligations incurred and existing prior to the commencement of the contract term, which would be subtracted from the amount owed to the Town. Town Council Joint Session Minutes September 19 2016 Page 2 of 5 Town Council Page 13 of J8 Meeting Date: October 25, 2016 TCMUD No. 1 Board Director Rose desired to add a paragraph that dealt with budget overages and shortages for each year. Both entities agreed to add Paragraph 6, within Section 3.1, Budget and Funding, Subsection B, Funding, to read as follows: Budget overages or shortages shall be applied proportionally during the months of April to September of the current budget year. After discussing the process of the collection for the PID assessment, both entities were in favor of amending Subsection C, Payment, within Section 3.1, Budget and Funding, to read as follows: Payments from the District for the purpose of Fire Protection Services shall be paid to the Town on a monthly basis. The monthly payments shall constitute the entirety of the annual contract divided by twelve (12) months, minus total PID assessment fee for Fire Protection services, beginning on October 31 and concluding on September 30 of each fiscal year of the term of the Agreement, and thereafter for each successive year in which this Agreement is in effect. Payments will become past due fifteen (15) business days after the established due date. The total amount of existing fire protection debt service shall be netted out. There was consensus not to include TCMUD No. 1 Board Director Rose's recommendation to add "The District may review Fire Protection Services and coordinate modifications with the Town. The District may inspect, maintain, or repair District assets under this agreement during reasonable hours. The Town shall be informed of findings and actions taken, or to be taken" to Section 4.1, District Obligations and Rights. Both entities agreed to leave Section 4.2, Town Obligations and Rights, Subsection C, as originally stated and to not include TCMUD No. 1 Board Director Rose's nor Board President Carr's proposed changes. Discussion took place that the Town would be responsible for providing Fire Protection Services to Eligible Persons, including but not limited to assuming full responsibility for the operational control and management of Fire Protection Services, previously under the control and direction of District. Both entities were in favor of the addition of Subsections G, H, and I within Section 4.2, Town Obligations and Rights, so that they read as follows: G. Town will provide an annual report regarding status and maintenance of fire station, engine/pumper, brush truck, and ladder truck. Additionally, Town will continue to meet and/or exceed the requirements set by the NFPA and TCFP. H. District may hire Fire Auditors of their choice to review physical Fire Department assets and operator practices on an annual basis for benefit of District and Town; audit may occur during the month of April. (See Attachment "B"). All Auditors fees will be paid by the District. I. The Town shall provide the District timely notice of any accident, damage, dangerous or defective condition relating to District assets under this agreement. Lengthy conversation took place regarding ownership of assets and if one entity purchased an asset solely, then that asset would belong to that entity if the other entity was not billed for the asset. Therefore, both entities agreed to leave Section 5.1, Ownership, as originally written: Prior to the commencement of this agreement, all assets owned or directly purchased by District utilized for Fire Protection Services shall remain the property of District. This Agreement does not affect right, title or interest to such property. All assets owned or directly purchased by Town utilized for Fire Protection Services shall remain the property of the Town. This Agreement does not affect right, title, or interest to such property. There was consensus to amend Section 6.1, Control and Oversight, to read as follows: Town shall have control and oversight over Fire Protection Services and control and oversight over Emergency Medical Services. Town shall have exclusive authority to establish Standard Operating Procedures for Fire/EMS Protection Services. (hereinafter collectively, "SOPs"). Town Council Joint Session Minutes September 19 2016 Page 3 of 5 Town Council Page 14 of J8 Meeting Date: October 25, 2016 Additionally, both entities agreed to amend Section 6.2, Benefits and Human Resources Services, as follows: In accordance with Town personnel policies, Town shall provide benefits and human resources services to all eligible employees providing Fire Protection Services. DISTRICT shall provide funding as set forth in Subsection 3.1(B). The Parties understand and agree that on and after the effective date of this Agreement, all employees providing Fire Protection Services shall be Town employees and shall be solely subject to Town personnel policies and SOPS. RECESSED AT 8:55 P.M. FOR A BREAK RECONVENED AT 9:04 P.M. INTO JOINT SESSION Both were in favor of removing the original Section 10.1: This Agreement may be terminated during the last year of the Initial Term without cause by either party giving written notice to the other party on or before April 1, 2021 for termination effective September 30, 2021 or by written notice on or before April 1 during the last year of any renewal term of this Agreement for termination effective on September 30 of the last year of the then current five (5) year renewal term. Additionally, there was consensus to change 90 days to 180 days within the new Section X, Default/Termination so that it read as follows: In the event that either party hereto breaches any term or condition of this Agreement, this Agreement may be terminated by the aggrieved party if such default is not cured within a period of one hundred eighty (180) days after receipt of written notice of default by the party allegedly in breach of its obligations hereunder. At the option of the aggrieved party, if such default is not cured within the one hundred eighty (180) day period, this Agreement shall immediately terminate without further notice, unless an extension is mutually agreed and approved by both Town and District. TCMUD No. 1 Board President Carr and Board Secretary/Treasurer Hase were in favor of adding Section XV, Annual Financial Audit, to read as follows: Town shall provide any documents requested by auditors of District no later than November 30 of each year. Both entities agreed to the addition of Section XV, Annual Financial Audit. There was agreeance from both entities to strike the statement "Audit to be performed by independent consultant retained by the District" and to strike Item No. 8, "Check for replenishment of major assets through GASB accounts" from Attachment B. Motion to Table: Motion made by Mayor Sanders, seconded by Council Member Shoffner, to table Agenda Item No. 1. Motion passed unanimously. After proceeding to Agenda Item No. 2, in order to allow Town Attorney Dodd and TCMUD No. 1 Legal Counsel Liston to make the appropriate amendments to the Interlocal Cooperation Agreement for Administration of Fire Protection Services, both entities came back to Agenda Item No. 1. Motion to Remove from the Table: Motion made by Mayor Sanders, seconded by Council Member Rowe, to remove Agenda Item No. 1 from the table. Motion passed unanimously. Motion: Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve the Interlocal Cooperation Agreement for Administration of Fire Protection Services, as amended at the dais. Motion passed unanimously. Assistant Town Manager/CFO Glickman advised that an item would be added to the September 27, 2016 Council meeting to adopt the contractual amount for Fire Protection Services as stipulated in the approved agreement. Town Council Joint Session Minutes September 19 2016 Page 4 of 5 Town Council Page 15 of J8 Meeting Date: October 25, 2016 2. Discussion of future joint meetings and agenda items. (N. Sanders) Mayor Sanders placed this item on the agenda to allow for discussion of proposed topics and dates for future joint meetings. Mayor Pro Tem Lamont was in favor of adding an item to the next joint session to review the negotiation of transferring the title of land that the Annex Building was built on to the Town of Trophy Club. Discussion took place to hold off on the purchase of the Fire Chief Vehicle for another year since repairs were being made to the current vehicle. Mayor Sanders requested to add an item to the next joint session for TCMUD No. 1 to provide a status of their water and wastewater capacity specific to their treatment plant. Both entities agreed to schedule their next joint meeting in January 2017. RECESSED AT 9:26 P.M. FOR A BREAK RECONVENED AT 10:14 P.M. INTO JOINT SESSION (Town Secretary Note: After the break, both entities went back to Agenda Item No. 1 to remove the item from the table and take final action) ADJOURN Motion made by Council Member Reed, seconded by Council Member Kurtz, to adjourn the meeting at 10:18 p.m. Motion passed unanimously. Holly Fimbres, Town Secretary/RMO Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Joint Session Minutes September 19 2016 Page 5 of 5 Town Council Page 16 of J8 Meeting Date: October 25, 2016 Town of Trophy Club Trophy phy Municipal Drive Club, Texas 76262 Legislation Details (With Text) File #: 2016-618-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding the Regular Session Minutes dated September 27, 2016 (Staff). Attachments: Draft TC Regular Session Minutes September 27, 2016.0 Date Ver. Action By Action Result Consider and take appropriate action regarding the Regular Session Minutes dated September 27, 2016 (Staff). Agenda Item No. 5 Town Council Page 17 of 98 Meeting Date: October 25, 2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, September 27, 2016 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 27, 2016. 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: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Farrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Steven Glickman Assistant Town Manager/CFO David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Rick Lasky Interim Fire Chief Mike Pastor Information Services Director Mayor Sanders announced the date of Tuesday, September 27, 2016, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Parks and Recreation Director Adams. The Pledges to the American Flag and Texas Flag were led by Council Member Rowe. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Public Hearing; Item No. 8; Item No. 9; Item No. 10; Item No. 11; Item No. 12; Item No. 13; Item No. 14; Item No. 15; Item No. 16; Item No. 17; Item No. 18; Item No. 19; Executive Session; Item No. 9; Item No. 21; and Item No. 22) 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 four (4) 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. There were no citizen presentations. Town Council Page 18 of 98 Meeting Date: October 25, 2016 ANNOUNCEMENTS AND REPORTS Assistant Town Manager/CFO Glickman's update regarding the following; discussion and provide input regarding same (Staff): *Trophy Club Women's Club Garage Sale *Community Clean -Up *Town Hall Construction Assistant Town Manager/CFO Glickman updated the Council and addressed questions; no action was taken on this item. 2. Town Council Liaison Updates; discussion of same (Staff): *Parks and Recreation Board, September 19, 2016 Council Liaison - Council Member Philip Shaffner 4,0< Council Member Shoffner was unable to attend the Parks and Recreation Board meeting due to the Town Council having a Special Session meeting and a Joint Session meeting on the same evening. He noted that the Parks and Recreation Board had only considered the approval of minutes and received updates from staff. He pointed out that the meeting was the last one for Jim Hanna, Lou Hocker and Tom Mills. Jim Hanna was appointed September 27, 2010, exactly six (6) years ago and replaced Caryl Ann Jacobs. Lou Hocker was appointed on October 3, 2011 and replaced Barbie Kadow, he served almost five (5) years. Tom Mills was appointed 14 days after Lou on October 17, 2011 and replaced Steven Kohs, who served almost five (5) years as well. Additionally, he acknowledged Jim, Lou, and Tom for their service that they provided to the Town. 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. 3. Consider and take appropriate action regarding the Minutes dated August 23, 2016 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet). 4. Consider and take appropriate action regarding designating Police Chief Patrick Arata to serve as Acting Town Manager in compliance with Section 4.06 of the Trophy Club Town Charter (N. Sanders and P. Shoffner). 5. Consider and take appropriate action regarding designating Assistant Town Manager/CFO Steven Glickman to serve as Acting Town Manager in compliance with Section 4.06 of the Trophy Club Town Charter (N. Sanders). 6. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date (Staff). Motion made by Mayor Pro Tem Lamont, seconded by Council Member Kurtz, to approve the Consent Agenda Items 3 through 6. Motion passed unanimously. Town Council Minutes September 27, 2016 Page 2 of 11 Town Council Page 19 of 98 Meeting Date: October 25, 2016 PUBLIC HEARING 7. Town Council to conduct a Public Hearing relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the proposed Assessment Roll, and the levy of Special Assessments against the property in PID No. 1 and matters contained in the proposed Ordinance (Staff). Mayor Sanders opened the public hearing at 7:06 p.m. Aaron Young, 2542 Balmain Court, inquired about the rationale of the assessment and when it was established. Assistant Town Manager/CFO Glickman stated that the assessment had been in place since 2007. He advised that the assessment was for Fire Protection Services for residents within the Public Improvement District (PID) No. 1, since the Trophy Club Municipal Utility District (TCMUD) No. 1 boundaries did not extend into that area. Discussion took place that the language provided on the letter that was mailed to the PID residents was dictated by the Texas Local Government Code. Council provided suggestions for next year's assessment letter to help minimize resident confusion, such as providing an insert with the letter that clearly stated the reason for the assessment and providing a link to the Town's website with additional information. Julie Ziolowski, 2894 Redfern Drive, commented that the letter was not clearly written and it appeared that a large assessment was about to be implemented to PID residents. Mayor Sanders remarked that the assessment was PID resident's contribution to receive Fire Protection Services since the TCMUD No. 1 could not tax them for the service, which was calculated the same for all Town residents. Council Member Shoff ner commented that it could be beneficial to place on the Town's website the consecutive assessment year and a few important Fire Department accomplishments. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:15 p.m. REGULAR SESSION Consider and take appropriate action regarding referring Item No. 5, Allocating field uses space to the various sports association leagues to include Town owned property and Beck field, from the Town Council Future Agenda Items list to the Parks and Recreation Board; discussion of same (Town Council). Dean Murray, 2000 Churchill Downs Lane, Vice President of Bobcat Youth Football Association, stated that their football association was leasing fields at Beck Park. He advised that their attendance had been down and that they recently had to improve their safety equipment; therefore creating a hardship to cover the approximate $12,000 to $15,000 annual cost to run Beck Park. Due to the lack of funds, they had to use other city fields and allow an outside soccer association to use the Park by assisting with the cost to operate it. In order to recover, he desired to enter into a Public -Private Partnership with Scott Beck and he requested that the Council consider having the Town mow and provide irrigation maintenance for Beck Park. He added that the football association typically only needed the fields from the end of July to the middle of November, which would allow other sports associations to use the Park. Council discussed their desire to have additional field space for sports associations since field space was a sought after commodity for residents. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, to refer allocation of Town owned or controlled fields for the various sports association leagues to the Parks and Recreation Board. Town Council Minutes September 27, 2016 Page 3 of 11 Town Council Page 20 of 98 Meeting Date: October 25, 2016 Council Member Shoffner wanted to refer the item to allow the Parks and Recreation Board to discuss the allocation of field space to allow the sports associations to have adequate space to practice and have their games, and then have the Board's recommendations presented to the Council. The vote was taken. Motion passed unanimously. Council Member Shoffner directed Staff to reach out to Scott Beck to review the potential to enter into an agreement similar to the Lakeview Soccer Field agreement with Northwest Independent School District. He believed that Lakeview Soccer Field should not be opened in order to establish itself and with the over seeding of Harmony Park, this put extra strain to find field space. Mr. Murray requested that the Council consider, in the future, allowing the football association to have the ability to put a storage container on the property, if Scott Beck was in agreeance. Henry Grimes, President of Bobcat Youth Football Association, was present to address any questions. 9. Consider and take appropriate action regarding a Resolution to nominate an individual to serve on the Board of Directors of the Denton County Transportation Authority (Staff). Connie White, 119 Trophy Club Drive, stated that she had been recommended by Denton County Judge Mary Horn and Denton County Commissioner Andy Eads about a year and a half ago to serve on the Board of Directors of the Denton County Transportation Authority. She provided a brief update regarding an upcoming project for bus services from Fort Worth to Denton. Additionally, she requested that the Council support nominating her to continue to serve on the Board. Motion to Table: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Kurtz, to table Agenda Item No. 9 to discuss during Executive Session with the other Board and Commission Appointments. Motion passed unanimously. After reconvening from Executive Session, Council came back to Item No. 9 to take action. Motion to Remove from the Table: Motion made by Council Member Rowe, seconded by Council Member Farrow, to remove Agenda Item No. 9 from the table. Motion passed unanimously. Motion: Motion made by Council Member Shoffner, seconded by Council Member Farrow, to approve Resolution No. 2016-22, nominating Eric Jensen to serve on the Board of Directors of the Denton County Transportation Authority. Council Member Shoffner stated that Mr. Jensen was the President of Control Products Corporation, the world leader in aircraft lighting and simulation systems, and that he met the qualifications of experience in the field of business and engineering that Denton County Judge Mary Horn was requesting. Additionally, he believed that Mr. Jensen would effectively represent the Town and the 1-35 West corridor. The vote was taken. Motion passed unanimously. Town Council Minutes September 27, 2016 Page 4 of 11 Town Council Page 21 of 98 Meeting Date: October 25, 2016 10. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2015-2016 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 2); providing for an amendment to appropriate funds related to changes to services and supplies for various departments, personnel changes, and debt service; providing for an amendment to decrease a budgeted transfer of funds; and providing an effective date (Staff). Motion: Motion made by Council Member Rowe, seconded by Council Member Farrow, to approve Ordinance No. 2016-40, amending the Fiscal Year 2015-2016 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 2); providing for an amendment to appropriate funds related to changes to services and supplies for various departments, personnel changes, and debt service; providing for an amendment to decrease a budgeted transfer of funds; and providing an effective date of September 27, 2016. Motion passed unanimously. 11. Consider and take appropriate action regarding adoption of the contractual amount for Fire Protection Services as stipulated in the Interlocal Cooperation Agreement for Administration of Fire Protection Services; discussion of same (Staff). Assistant Town Manager/CFO Glickman stated that this item was discussed during the Joint Session with TCMUD No. 1 on September 19, 2016. He advised that it was agreed that in the initial year the Town would absorb the TCMUD No. 1 Fire budget, less rent/debt service related to Fire, less capital leases related to Fire, and less the Emergency Services District assessment (which is direct deposited to the Town already). The total contractual amount for Fiscal Year 2016-17 would be billed to the TCMUD No. 1 in monthly installments. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Reed, to approve the contractual amount for Fire Protection Services as stipulated in the Interlocal Cooperation Agreement for Administration of Fire Protection Services between the Town and TCMUD No. 1, as presented at the dais. Motion passed unanimously. 12. Receive an update from Staff regarding the Fiscal Year 2016-2017 Budget; discuss of same (Staff). Mayor Sanders advised that the proposed tax rate was $0.473 per $100 valuation, which was a reduction of $0.110 to the previous tax rate. Assistant Town Manager/CFO Glickman advised that Staff implemented the changes from the last Council meeting and stated that a budget amendment would be presented at a later Council meeting regarding appropriating funds for expenditures and recognizing revenue associated with operating the Fire Department. No action was taken on this item. 13. Consider and take appropriate action regarding an Ordinance of the Town amending Appendix A, Fee Schedule, to establish fees and rates for water and wastewater services to customers within the boundaries of Trophy Club Public Improvement District (PID) No. 1; providing that Trophy Club Municipal Utility District No. 1 Services Rules and Policies are applicable to customers within the PID No. 1; and providing a penalty and effective date (Staff). Mayor Sanders reviewed action that the TCMUD No. 1 had taken regarding winter averaging for sewer rates, which required further review of winter averaging after an analysis was performed. Therefore, at the TCMUD No. 1 September 26, 2016 meeting, they repealed their action. Council acknowledged that the TCMUD No. 1 did not adhere to the stipulation within the Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services Agreement that required them to provide to the Town any amended or revised MUD Rate Order adopted by MUD not later than sixty (60) days before the effective date of any new rates and charges. Town Council Minutes September 27, 2016 Page 5 of 11 Town Council Page 22 of 98 Meeting Date: October 25, 2016 Council Member Shoffner was in favor of proceeding with the approval of the rates as presented at the dais and waive the 60 day notice given the recent constructive action between the Town and TCMUD No. 1 at the September 19, 2016 Joint Meeting. Mayor Pro Tem Lamont pointed out that twice a representative from TCMUD No. 1 was requested to provide an update to the Council regarding proposed water and sewer rate increases. Motion: Motion made by Council Member Farrow, seconded by Council Member Kurtz, to approve Ordinance No. 2016-44, amending Appendix A, Fee Schedule, to establish fees and rates for water and wastewater services to customers within the boundaries of Trophy Club Public Improvement District (PID) No. 1; providing that Trophy Club Municipal Utility District No. 1 Services Rules and Policies are applicable to customers within the PID No. 1; and providing a penalty and effective date of September 27, 2016, as presented at the dais. Motion carried 6-1-0 with Mayor Sanders and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for, and Mayor Pro Tem Lamont voting against. 14. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas adopting and approving the budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017, for Trophy Club Economic Development Corporation 4B; making appropriations; providing for expenditures as allowed by applicable law; and providing an effective date (Staff). Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve Ordinance No. 2016-41, adopting and approving the budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017, for Trophy Club Economic Development Corporation 413; making appropriations; providing for expenditures as allowed by applicable law; and providing an effective date of September 27, 2016. Motion passed unanimously. 15. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas adopting and approving the Budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017, for the Town of Trophy Club; making appropriations; providing for expenditures as allowed by applicable law; providing for filing of documents; repealing conflicting ordinances; and providing an effective date (Staff). Mayor Sanders advised that the proposed tax rate was $0.473 per $100 valuation, estimated revenue for the General Fund was $9,441,289, estimated expenditures for the General Fund was $9,497,984, and after transfers reflected a net decrease of $243,695. Motion: Motion made by Council Member Rowe, seconded by Council Member Farrow, to approve Ordinance No. 2016-42, adopting and approving the Budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017, for the Town of Trophy Club; making appropriations; providing for expenditures as allowed by applicable law; providing for filing of documents; repealing conflicting ordinances; and providing an effective date of October 1, 2016. Roll Call Vote: Mayor C. Nick Sanders Yea Mayor Pro Tem Greg Lamont Yea Council Member Jim Farrow Yea Council Member Garrett Reed Yea Council Member Rhylan Rowe Yea Council Member Tim Kurtz Yea Council Member Philip Shoffner Yea Motion passed unanimously. Town Council Minutes September 27, 2016 Page 6 of 11 Town Council Page 23 of 98 Meeting Date: October 25, 2016 16. Consider and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2016 and ending September 30, 2017; directing the assessment thereof; and providing an effective date (Staff). Motion: Motion made by Mayor Pro Tem Lamont, seconded by Mayor Sanders, to move that property taxes be increased by the adoption of a tax rate of $0.473 per $100 valuation and approve Ordinance No. 2016-43, fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2016 and ending September 30, 2017; directing the assessment thereof; and providing an effective date of October 1, 2016. Roll Call Vote: Mayor C. Nick Sanders Yea Mayor Pro Tem Greg Lamont Yea Council Member Jim Farrow Yea Council Member Garrett Reed Yea Council Member Rhylan Rowe Yea Council Member Tim Kurtz Yea Council Member Philip Shoff ner Yea Motion passed unanimously. 17. Consider and take appropriate action regarding a Resolution of the Town Council approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant County Appraisal District (TAD) for 2016; and providing an effective date (Staff). Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Farrow, to approve Resolution No. 2016-23, approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant County Appraisal District (TAD) for 2016; and providing an effective date of October 1, 2016. Motion passed unanimously. 18. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club accepting and approving a Service and Assessment Plan for Authorized Services for the Town of Trophy Club Public Improvement District No. 1 (Emergency Services) and an Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); making a finding of special benefit to the Property in the District; levying special assessments against Property within the District; providing for payment of the assessments in accordance with law; and providing an effective date (Staff). Mayor Sanders advised that this item was to take action regarding an assessment for PID residents for Fire Protection Services. Motion: Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve Ordinance No. 2016- 39, accepting and approving a Service and Assessment Plan for Authorized Services for the Town of Trophy Club Public Improvement District No. 1 (Emergency Services) and an Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); making a finding of special benefit to the Property in the District; levying special assessments against Property within the District; providing for payment of the assessments in accordance with law; and providing an effective date of September 27, 2016. Motion passed unanimously. Town Council Minutes September 27, 2016 Page 7 of 11 Town Council Page 24 of 98 Meeting Date: October 25, 2016 19. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for October 11, 2016 and items from the Town Council Future Agenda Items list (Staff). 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. Council Member Farrow requested to add an item to the Town Council Future Agenda Items list: Consider establishing who will be responsible for organizing and conducting an annual Memorial Day ceremony at Medlin Cemetery and an annual Veterans Day ceremony at the Veterans Memorial. Mayor Pro Tem Lamont requested to add an item to the Town Council Future Agenda Items list: Review of any conflicts within the golf cart ordinance (Ordinance No. 2016-23) related to allowing motorized carts to travel on all park and linear trails. Mayor Pro Tem Lamont stated that there had been an issue with golf carts commuting on the trails within The Lakes. Council discussed that the established ordinance was to allow golf carts on designated areas of trails, road, or parking lot within or upon park property unless such area is otherwise posted. EXECUTIVE SESSION 20. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Manager position search B. Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1) Animal Shelter Advisory Board 2) Economic Development Corporation 413 3) Ethics Review Commission 4) Parks and Recreation Board 5) Planning and Zoning Commission 6) Tax Increment Reinvestment Zoning No. 1 Board 7) Zoning Board of Adjustment CONVENED INTO EXECUTIVE SESSION - START TIME — 8:04 P.M. RECONVENED INTO REGULAR SESSION - START TIME — 8:37 P.M. Town Council Minutes September 27, 2016 Page 8 of 11 Town Council Page 25 of 98 Meeting Date: October 25, 2016 21. Consider and take appropriate action repealing the following Resolutions making annual appoints of citizens to serve on various Town Boards, Commissions and Corporation and appointing various Chairpersons and Town Council Liaisons and adopting new Resolutions making and reaffirming annual appointments to the following Boards, Commissions and Corporations, appointing various Chairpersons and Council Liaisons; and providing an effective date (Staff): A. Animal Shelter Advisory Board B. Economic Development Corporation 4B C. Ethics Review Commission D. Parks and Recreation Board E. Planning and Zoning Commission F. Tax Increment Reinvestment Zoning No. 1 Board G. Zoning Board of Adjustment A. Animal Shelter Advisory Board Motion: At Motion made by Council Member Rowe, seconded by Council Member Sh 24, making the following appointments effective September 27, 2016: 1. Tony Simmons, Sergeant — reappointing as the Municipal Official (2018) 2. Camille Barclay — appointing as the Animal Welfare Representative (2018) 3. Kelly Akin, ACO — reappointing as the Animal Shelter Operations (2018) 4. Dr. Bruce Fusselman — reaffirming as the Veterinarian (2017) 5. Susan Edstrom — reaffirming (2017) and reappointing as the Chairperson 6. Pamela Swan — reaffirming (2017) 7. Council Member Philip Shoff ner— reappointing to serve as the Council Liaison Motion passed unanimously. B. Economic Development Corporation 4B Motion: ution No. 2016 - Motion made by Council Member Rowe, seconded by Council Member Shoffner, to approve Resolution No. 2016- 25, making the following appointments effective September 27, 2016: 1. Eric Jensen — reappointing (2018) 2. David Brod — reappointing (2018) 3. Cory McDonald — appointing (2018) 4. Sean Bone — reaffirming (2017) 5. Greg Wilson — reaffirming (2017) 6. Angela Newell — reaffirming (2017) 7. Michael Richmond — reaffirming (2017) 8. Council Member Rhylan Rowe — reappointing to serve as the Council Liaison Motion passed unanimously. C. Ethics Review Commission Motion: Motion made by Council Member Rowe, seconded by Council Member Shoff ner, to approve Resolution No. 2016- 26, making the following appointments effective September 27, 2016: 1. Susan Edstrom — appointing (2018) 2. Dennis Sheridan —appointing (2018) 3. Greg Wilson — appointing (2017) 4. Paul Glowacki — appointing as an Alternate (2017) 5. Louis Opipare — appointing as an Alternate (2017) Motion passed unanimously. Town Council Minutes September 27, 2016 Page 9 of 11 Town Council Page 26 of 98 Meeting Date: October 25, 2016 D. Parks and Recreation Board Motion: Motion made by Council Member Rowe, seconded by Council Member Shoff ner, to approve Resolution No. 2016- 27, making the following appointments effective September 27, 2016: 1. Mindi Bone —appointing (2018) 2. Kim Farrell —appointing (2018) 3. Jacob Gibson —appointing (2018) 4. Dean Murray — reappointing (2018) 5. Darin Davis — reaffirming (2017) 6. Tiffany Nimphius - reaffirming (2017) and appointing as the Chairperson 7. Earl Bilbrey— reaffirming (2017) 8. Council Member Philip Shoff ner— reappointing to serve as the Council Liaiso _,W#* Motion passed unanimously. E. Planning and Zoning Commission Motion: Motion made by Council Member Rowe, seconded by Council Member Shoff ner, to approve Resolution No. 2016- 28, making the following appointments effective September 27, 2016: 1. Jeffrey Beach —appointing (2018) 2. Eric Malmberg—appointing (2018) 3. Dennis Sheridan — reappointing (2018) and reappointing as the Chairperson 4. Michael Pipkins — reaffirming (2017) 5. LuAnne Oldham — reaffirming (2017) 6. Dwight "Dee" Baron —reaffirming (2017) 7. Darrell Windland — reaffirming (2017) Motion passed unanimously. F. Tax Increment Reinvestment Zoning No. 1 Board Motion: Motion made by Council Member Rowe, seconded by Council Member Shoff ner, to approve Resolution No. 2016- 29, making the following appointments effective September 27, 2016: 1. David Brod — reappointing as the EDC 4B Member (2018) and reappointing as the Chairperson (December 31, 2017) 2. Eric Jensen — appointing (2018) 3. Cory McDonald — appointing (2018) 4. Rebecca Barksdale — reaffirming as the Tarrant County Official (2017) 5. Angela Newell — appointing (2017) Motion passed unanimously. G. Zoning Board of Adjustment Motion: Motion made by Council Member Rowe, seconded by Council Member Shoff ner, to approve Resolution No. 2016- 30, making the following appointments effective September 27, 2016: 1. John Murtaugh — appointing (2018) 2. Jeff Sims — appointing (2018) 3. Joe Hennig — reaffirming (2017) 4. Louis Opipare — reaffirming (2017) and reappointing as the Chairperson 5. Sean Cannon — appointing (2017) 6. John Arnott Sr — reaffirming as an Alternate (2017) 7. Candice Vogt— reaffirming as an Alternate (2017) 8. Jack Ormond — reappointing as an Alternate (2018) 9. Terry Kesterson — appointing as an Alternate (2018) Town Council Minutes September 27, 2016 Page 10 of 11 Town Council Page 27 of 98 Meeting Date: October 25, 2016 Council Member Rowe explained that when the Building Standards Commission (BSC) was created in 2015, the intent was to utilize a dual appointment process when making appointments to the BSC and the Zoning Board of Adjustment. The vote was taken. Motion passed unanimously. 22. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Ree -4,o <adjourn meeting at 8:48 p.m. Motion passed unanimously. Holly Fimbres, Town Secretary/RMO Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas C Town Council Minutes September 27, 2016 Page 11 of 11 Town Council Page 28 of 98 Meeting Date: October 25, 2016 Town of Trophy Club Trophy phy Municipal Drive Club, Texas 76262 Legislation Details (With Text) File #: 2016-627-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding a Lease Agreement between the Town and New Cingular Wireless PCS, LLC for a wireless antenna facility located on the Town's Water Tower at 2901 Bobcat Boulevard, Denton County, Texas; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Attachments: Staff Report - New Cingular Wireless Lease Agreement.pdf New Cingular Wireless Option and Structure Lease Agreement.pdf Site Plan and Elevation Exhibit.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding a Lease Agreement between the Town and New Cingular Wireless PCS, LLC for a wireless antenna facility located on the Town's Water Tower at 2901 Bobcat Boulevard, Denton County, Texas; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Agenda Item No. 6 Town Council Page 29 of 98 Meeting Date: October 25, 2016 T(:*aTOWN OF *7 TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Patrick Arata, Acting Town Manager Holly Fimbres, Town Secretary/RMO Re: New Cingular Wireless Lease Agreement Town Council Meeting, October 25, 2016 Agenda Item: Consider and take appropriate action regarding a Lease Agreement between the Town and New Cingular Wireless PCS, LLC for a wireless antenna facility located on the Town's Water Tower at 2901 Bobcat Boulevard, Denton County, Texas; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Explanation: The Town and New Cingular Wireless have been in negotiations regarding a lease of Town property at the Town's water tower on Bobcat Boulevard. New Cingular Wireless intends to install a wireless antenna facility on the leased property. This lease would generate $30,000 per year in revenue to be received in advance of each lease year. Each year the lease amount would by increase 2%. In addition, the site would enhance cell service to AT&T's customers in that area. Attachments: • New Cingular Wireless Option and Structure Lease Agreement • Site Plan and Elevation Exhibit Recommendation: Staff recommends Council approval of the proposed lease agreement with New Cingular Wireless. Page 1 of 1 Town Council Page 30 of 98 Meeting Date: October 25, 2016 Market: Central Region/North Texas Cell Site Number: St Hwy 377/Bobcat Blvd Cell Site Name: DX1179 Fixed Asset Number: 13596146 OPTION AND STRUCTURE LEASE AGREEMENT THIS OPTION AND STRUCTURE LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the "Effective Date"), is entered into by Town of Trophy Club, a Texas home rule municipality, having a mailing address of 100 Municipal Drive, Trophy Club, TX 76262 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr. NE, Atlanta, GA 30324 ("Tenant"). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, improved with a structure (the "Structure"), together with all rights and privileges arising in connection therewith, located at 2901 Bobcat Blvd, Trophy Club, in the County of Denton, State of Texas (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. OPTION TO LEASE. (a) Landlord grants to Tenant an option (the "Option") to lease a portion of the Property consisting of: (i) approximately 288 square feet including the air space above such rooftop/basement/ground space, as described on attached Exhibit 1, for the placement of Tenant's Communication Facility; (ii) space for any structural steel or other improvements to support Tenant's equipment (collectively, the space referenced in (i) and (ii) is the "Equipment Space"); (iii) that certain space on the building's rooftop and/or fagades, as generally depicted on Exhibit 1 annexed hereto and made a part hereof, where Tenant shall have the right to install its antennas and other equipment (collectively, the "Antenna Space"); and (iv) those certain areas where Tenant's conduits, wires, cables, cable trays and other necessary connections are located between the Equipment Space and the Antenna Space, and between the Equipment Space and the electric power, telephone, and fuel sources for the Property (hereinafter collectively referred to as the "Connection Space"). Landlord agrees that Tenant shall have the right to install connections between Tenant's equipment in the Equipment Space and Antenna Space; and between Tenant's equipment in the Equipment Space and the electric power, telephone, and fuel sources for the Property, and any other improvements. Landlord further agrees that Tenant shall have the right to install, replace and maintain utility lines, wires, poles, cables, conduits, pipes and other necessary connections over or along any right-of-way extending from the aforementioned public right-of-way to the Premises. Notwithstanding the foregoing, Tenant, to the extent feasible, shall locate all lines, wires, conduits and cables on existing poles extending from the roadway into Landlord's Property. The Equipment Space, Antenna Space, and Connection Space, are hereinafter collectively referred to as the "Premises." (b) During the Option Term, and during the term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, Land Lease Town Council Page 31 of 98 Meeting Date: October 275;s'M?d 2012 approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third parry on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. (c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) within thirty (30) business days of the Effective Date. The Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option Term") and may be renewed by Tenant for an additional one (1) year (the "Renewal Option Term") upon written notification to Landlord and the payment of an additional Two Thousand Five Hundred and No/100 Dollars ($2,500.00) no later than five (5) days prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the "Option Term." (d) The Option may be sold, assigned or transferred at any time by Tenant to an Affiliate of Tenant or to any third parry agreeing to be subject to the terms hereof. Otherwise, the Option may not be sold, assigned or transferred without the written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. From and after the date the Option has been sold, assigned or transferred by Tenant to an Affiliate or a third party agreeing to be subject to the terms hereof, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. (e) During the Initial Option Term, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option, then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Initial Option Term or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other. (f) If during the Initial Option Term, or during the term of this Agreement the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, Property or any of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property," which includes without limitation the remainder of the Structure) or in the event of foreclosure, Landlord shall immediately notify Tenant in writing. Landlord agrees that during the Option Term, or during the Term of this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, Property or Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable. 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communication fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, I beams, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right, but not the obligation, to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit I will not be deemed to limit Tenant's Permitted Use. If Exhibit I includes drawings of the initial Land Lease Town Council Page 32 of 98 Meeting Date: October YFS'2M?d 2012 installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord's contiguous, adjoining or Surrounding Property as described in Exhibit 1 as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property's main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use, including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at the Tenant's expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the "Additional Premises") for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then -current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing on the effective date of written notification by Tenant to Landlord of Tenant's exercise of the Option (the "Term Commencement Date"). The Initial Term will terminate on the fifth (5th) anniversary of the Term Commencement Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the existing Initial Term or then -existing Extension Term. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, then upon the expiration of the final Extension Term this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter ("Annual Term") until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly rental during such annual terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement then Tenant will be deemed to be occupying the Premises on a month- to-month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and the Holdover Term are collectively referred to as the Term (the "Term"). 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay Landlord a yearly rental payment of Thirty Thousand Dollars and No/100 Dollars ($30,000.00) (the "Rent"), at the address set forth above, on or before the fifth (5t'') day of each lease year in advance. In a partial year occurring after the Rent Commencement Date, Rent will be prorated. Landlord and Tenant acknowledge that the initial Rent payment will be forwarded by Tenant to Landlord within sixty (60) days after the Rent Commencement Date. Land Lease Town Council Page 33 of 98 Meeting Date: October YFS'2M?d 2012 (b) In year one (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly Rent will increase by Two Percent (2%) over the Rent paid during the previous year. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations or Government Approvals. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable; (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or (e) by Tenant upon sixty (60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months' Rent, at the then -current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement including the following: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 6(d) Termination, I I(d) Environmental, 18 Condemnation or 19 Casualty. 7. INSURANCE. (a) During the Term, Tenant will carry, at its own cost and expense, the following insurance: (i) workers' compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. Tenant's CGL insurance shall contain a provision including Landlord as an additional insured. Such additional insured coverage: (i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; Land Lease Town Council Page 34 of 98 Meeting Date: October YFS'2M?d 2012 (ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and (iii) shall not exceed Tenant's indemnification obligation under this Agreement, if any. (b) Notwithstanding the foregoing, Tenant shall have the right to self -insure the coverages required in subsection (a). In the event Tenant elects to self -insure its obligation to include Landlord as an additional insured, the following provisions shall apply (in addition to those set forth in subsection (a)): (i) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. 8. INTERFERENCE. (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as those existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty- four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (d) For the purposes of this Agreement, "interference" may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. Land Lease Town Council Page 35 of 98 Meeting Date: October YFS'2M?d 2012 (c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and solely owns the structure; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises without hindrance or ejection by any persons lawfully claiming under Landlord; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable subordination, non -disturbance and attornment agreement executed by Landlord and the holder of such security interest. 11. ENVIRONMENTAL. (a) Landlord represents and warrants that, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the date of this Agreement, is free of hazardous substances, including asbestos -containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party's activity conducted in or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities, and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding ("Claims") to the extent arising from that party's breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omission of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal Land Lease Town Council Page 36 of 98 Meeting Date: October YFS'2M?d 2012 or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous substances on the Property, or any environmental, health or safety condition or matter relating to the Property that, in Tenant's sole determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or third -party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access ("Access") to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant's request, Landlord shall execute additional letters during the Term. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. If Landlord fails to provide the access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500.00 per day in consideration of Tenant's damages until Landlord cures such default. Landlord and Tenant agree that Tenant's damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth herein are a reasonable approximation of such damages. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant's removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant's operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, the Structure, and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include Land Lease Town Council Page 37 of 98 Meeting Date: October YFS'2M?d 2012 a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant's reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. (c) Landlord hereby grants to any company providing utility or similar services, including electric power, fiber and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant's or the service company's request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord's failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord's failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within forty-five (45) days of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord's default and to deduct the costs of such cure from monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 16. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without Landlord's consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. 17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties as follows: Land Lease Town Council Page 38 of 98 Meeting Date: October YFS'2M?d 2012 If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: DXI 179; Cell Site Name: St Hwy 377/Bobcat Blvd (TX) Fixed Asset No: 13596146 575 Morosgo Dr. NE Atlanta, GA 30324 With a copy to: New Cingular Wireless PCS, LLC Attn.: AT&T Legal Department Re: Cell Site #: DX1179; Cell Site Name: St Hwy 377/Bobcat Blvd (TX) Fixed Asset No: 13596146 208 S. Akard Street Dallas, Texas, 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Either party hereto may change the place for the giving of notice to it by thirty (30) days' prior written notice to the other as provided herein. 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorate basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of the Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant, and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant's Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Land Lease Town Council Page 39 of 98 Meeting Date: October YFS'2M?d 2012 Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 21. TAXES. (a) Landlord shall be responsible for timely payment of all taxes and assessments levied upon the lands, improvements and other property of Landlord, including any such taxes that may be calculated by the taxing authority using any method, including the income method. Tenant shall be responsible for any taxes and assessments attributable to and levied upon Tenant's leasehold improvements on the Premises if and as set forth in this Section 21. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) hi the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant's leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant within such time period, Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant's leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord's payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord. (c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant's action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant's intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. (e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided 10 Land Lease Town Council Page 40 of 98 Meeting Date: October YFS'2M?d 2012 that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b). (f) Any tax -related notices shall be sent to Tenant in the manner set forth in Section 17 and, in addition, of a copy of any such notices shall be sent to the following address. Promptly after the Effective Date of this Agreement, Landlord shall provide the following address to the taxing authority for the authority's use in the event the authority needs to communicate with Tenant. In the event that Tenant's tax addresses changes by notice to Landlord, Landlord shall be required to provide Tenant's new tax address to the taxing authority or authorities. New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration -- Taxes Re: Cell Site #DX1179; Cell Site Name: St Hwy 377/Bobcat Blvd (TX) Fixed Asset No: 13596146 575 Morosgo Dr. NE Atlanta, GA 30324 (g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third parry. 22. SALE OF PROPERTY. (a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property except as provided below. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant's rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this subsection (b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill V. New IRS Form W-9 vi. Completed and Signed AT&T Payment Direction Form vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord's prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. (d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations. 11 Land Lease Town Council Page 41 of 98 Meeting Date: October YFS'2M?d 2012 23. RENTAL STREAM OFFER. If at any time after the date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Agreement ("Rental Stream Offer"), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Officer. Tenant shall have the right within twenty (20) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Agreement. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section. 24. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter. (b) Memorandum/Short Form Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum or Short Form of Lease substantially in the form attached as Exhibit 24b. Either party may record this Memorandum or Short Form Lease at any time during the Term, in its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen (15) business days' prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. (c) Limitation and Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. (d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations ("Laws") applicable to Tenant's use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord's ownership and use of the Property and any improvements on the Property. (e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. (g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof, (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in this Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the 12 Land Lease Town Council Page 42 of 98 Meeting Date: October YFS'2M?d 2012 extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates. All references to "Tenant" shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. "Affiliate" means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. "Control" of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. 0) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (k) W-9. As a condition precedent to payment, Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including, any change in Landlord's name or address. (1) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys' Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. [SIGNATURES APPEAR ON NEXT PAGE] 13 Land Lease Town Council Page 43 of 98 Meeting Date: October YFS'2M?d 2012 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. "LANDLORD" Town of Trophy Club A Texas home rule municipality By: Print Name: C. Nick Sanders Title: Mayor Date: "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Leigh Ann Dodson Its: Area Manager RE & C, NTXOps Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 14 Land Lease Town Council Page 44 of 98 Meeting Date: October YFS'2M?d 2012 TENANT ACKNOWLEDGMENT STATE OF TEXAS) ) ss: COUNTY OF DALLAS) On the day of , 2016, before me personally appeared Leigh Ann Dodson, and acknowledged under oath that he/she is the Area Manager RE & C, NTXOps of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGMENT INDIVIDUAL ACKNOWLEDGMENT STATE OF TEXAS) ) ss: COUNTY OF DENTON) BE IT REMEMBERED, that on this day of , 2016 before me, the subscriber, a person authorized to take oaths in the State of Texas, personally appeared C. Nick Sanders who, being duly sworn on his/her/their oath, deposed and made proof to my satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed, sealed and delivered the same as his/her/their voluntary act and deed for the purposes therein contained. Notary Public: My Commission Expires: 15 Land Lease Town Council Page 45 of 98 Meeting Date: October YF'S'2M?d 2012 EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 2 to the Option and Structure Agreement dated , 2016, by and between Town of Trophy Club, a Texas home rule municipality, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: Lot 2 Block 1, NSID High School No. 2, an addition in the Town of Trophy Club, Denton County, Texas, accordin to the Plant recorded in Cabinet Y, Page 46, Map/Plat Records, Denton County, Texas. (Special Warranty Deed Recorded in Document Number 2010-10592, Deed records of Denton County, Texas) The Premises are described and/or depicted as follows: _-'--'----'--'--X-•-'-•-'--'-x--'--'-- --'- -------- ------- --- I ' I ------- -- --------------------------- --- ------ ------ ------------ -- ---- coouvr/ e.pacr. ii151iE PLAN �rxuy r=�-e �uE �FEEn Town Council Page 46 of 98 Meeting Date: 0Ct0b@ffiZ5SaQULe.e Version 5-30-12 r�� l I \ r � I * \ Pim 15' KKEs'S ESAUENT t? �� Immxc �5 •rmaln\ \ \ \ �cn-gn s murlFl....... I T(neE9 &l4 \ I ti �•'� \ c � ,amu � iRT IFASC SFA 12. ' ; -C-5. � I e�e5sm Im r �r«:��if`�'rmwr s nn cx W+ 2n I _ K I �, maeos5nAW MMr M i I I I I coouvr/ e.pacr. ii151iE PLAN �rxuy r=�-e �uE �FEEn Town Council Page 46 of 98 Meeting Date: 0Ct0b@ffiZ5SaQULe.e Version 5-30-12 EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 2 Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 17 Land Lease Town Council Page 47 of 98 Meeting Date: October Y9;S'2M?d 2012 EXHIBIT 11 ENVIRONMENTAL DISCLOSURE Landlord represents and warrants that the Property, as of the date of this Agreement, is free of hazardous substances except as follows: 1. NONE. Town Council Page 48 of 98 Meeting Date: 0Ct0b@ffiZ5SaQWLe.e Version 5-30-12 EXHIBIT 12 STANDARD ACCESS LETTER [FOLLOWS ON NEXT PAGE] Town Council Page 49 of 98 Meeting Date: 0Ct0b@ffiZ5SaQULe.e Version 5-30-12 [Landlord Letterhead] October 4, 2016 Building Staff / Security Staff 100 Municipal Drive Trophy Club, TX 76262 Re: Authorized Access granted to AT&T Dear Building and Security Staff, Please be advised that we have signed a lease with AT&T permitting AT&T to install, operate and maintain telecommunications equipment at the property. The terms of the lease grant AT&T and its representatives, employees, agents and subcontractors ("representatives") 24 hour per day, 7 day per week access to the leased area. To avoid impact on telephone service during the day, AT&T representatives may be seeking access to the property outside of normal business hours. AT&T representatives have been instructed to keep noise levels at a minimum during their visit. Please grant the bearer of a copy of this letter access to the property and to leased area. Thank you for your assistance. Landlord Signature Town Council Page 50 of 98 Meeting Date: 0Ct0b@ffiZ5SaQWLe.e Version 5-30-12 EXHIBIT 24b MEMORANDUM OF LEASE [FOLLOWS ON NEXT PAGE] Town Council Page 51 of 98 Meeting Date: October 25, 2016 Option Structure Lease Version 5-30-12 MEMORANDUM OF LEASE Prepared by: Crafton Communications 1870 Crown Drive, Suite 1500 Dallas, TX 75234 Return to: Crafton Communications 1870 Crown Drive, Suite 1500 Dallas, TX 75234 Cell Site No: DX1179 Cell Site Name: St Hwy 377/Bobcat Blvd Fixed Asset Number: 13596146 State: Texas County:. Denton MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this day of , 2016, by and between Town of Trophy Club, a Texas home rule municipality, having a mailing address of 100 Municipal Drive, Trophy Club, 76262 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr. NE, Atlanta, GA 30324 (hereinafter referred to as "Tenant"). 1. Landlord and Tenant entered into a certain Option and Structure Lease Agreement ("Agreement") on the day of , 2016, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The initial lease term will be five (5) years commencing on the effective date of written notification by Tenant to Landlord of Tenant's exercise of its option, with four (4) successive automatic five (5) year options to renew. Town Council Page 52 of 98 Meeting Date: October 25, 2016 Option Structure Lease Version 5-30-12 3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1 annexed hereto. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. "LANDLORD" Town of Trophy Club A Texas home rule municipality By: Print Name: C. Nick Sanders Title: Mayor Date: "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Leigh Ann Dodson Its: Area Manager RE & C, NTXOps Date: 23 Town Council Page 53 of 98 Meeting Date: October 25, 20416Lease Version 5 30 2012 TENANT ACKNOWLEDGMENT STATE OF TEXAS) ) ss: COUNTY OF DALLAS) On the day of , 2016, before me personally appeared Leigh Ann Dodson, and acknowledged under oath that he/she is the Area Manager RE & C, NTXOps of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGMENT STATE OF TEXAS) ) ss: COUNTY OF DENTON) On the day of in the year 2016 before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public: My Commission Expires: 24 Town Council Page 54 of 98 Meeting Date: October 25, 20416Lease Version 5 30 2012 EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 2 to the Option and Structure Agreement dated , 2016, by and between Town of Trophy Club, a Texas home rule municipality, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: Lot 2 Block 1, NSID High School No. 2, an addition in the Town of Trophy Club, Denton County, Texas, according to the Plant recorded in Cabinet Y, Page 46, Map/Plat Records, Denton County, Texas. (Special Warranty Deed Recorded in Document Number 2010-10592, Deed records of Denton County, Texas) The Premises are described and/or depicted as follows: _-'--'----'--'--X-•-'-•-'--'-x--'--'-- --'- -------- ------- --- I ' I ------- -- --------------------------- --- ------ ------ ------------ -- ---- coouvr/ e.pacr. ii151iE PLAN �rxuy r=�-e �uE �FEEn Town Council Page 55 of 98 Meeting Date: October 25, 2016 Option Structure Lease Version 5-30-12 r�� l I \ r � I * \ PP�SE➢ 15' KKEs'S ESAUENT t? �� Immxc �5 •rmaln\ \ \ \ �cn-gn s murlFl....... I T05re &l4 \ I ti �•'� \ c � ,amu � iRT IFASC SFA 12. ' ; -C-5. � I e�e5sm Im r �r«:��if`�'rmwr s nn cx W+ 2n I _ K I �, maeos5nAW MMr M i I I I I coouvr/ e.pacr. ii151iE PLAN �rxuy r=�-e �uE �FEEn Town Council Page 55 of 98 Meeting Date: October 25, 2016 Option Structure Lease Version 5-30-12 EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 2 Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 26 Town Council Page 56 of 98 Meeting Date: October 25, 20416Lease Version 5 30 2012 M d d jo=g bHS9 Xi 'HXNVdO SdJA 1VJ INV] M31A :kIlIVA 1081 oZ Ht N m L N 'd3NMO 3HL JO NOISSINd Id NI -M 3HL LfIOHLIM N30018- SI Ll NI -1-03 N01 H -NI 3HL W— MNIM- SIHL JO 3Sn dO N0110—ddld 531tlll HJtl SLI — d3NMO 3HL / 3SH dOl ABIOS O3J—dd $1 11 'd— 3HL JO A-dOdd 3105 3HL SI — 031HOld— SI ONIMtlNO SIHL III � II I I w U�ooh poq�p_cS o �2 N�o�Wa OWo =q�2 1� I II ROOD O2Qgm C III W a � I a I I w x / F — / o IIS I J — — — — — 5 V - - I w w w� n7 Lo to .a �,rq�d II � II I I I I II I I U (pooz a}aaouoj j.11gnd 0/ GdV1137n08 lV3900 z� 'd3NMO 3HL JO NOISSINd Id NI -M 3HL LfIOHLIM N30018- SI Ll NI -1-03 N01 H -NI 3HL W— MNIM- SIHL JO 3Sn dO N0110—ddld 531tlll HJtl SLI — d3NMO 3HL 9 3SQ dOl ABIOS 03J—dd $1 11 'd— 3H1 JO A tl3dOdd 3105 3H1 SI — 031HOld— SI MNIMtli10 SIH10 bHS9 Xi 'HXNVdO SdJA 1VJ INV] M31A :kIlIVA 1081 O �O"' a S nz01 2- m „gs A M M o wS�LL O�4z ®(. Ld Nm W 'd3NMO 3HL JO NOISSINd Id NI -M 3HL LfIOHLIM N30018- SI Ll NI -1-03 N01 H -NI 3HL W— MNIM- SIHL JO 3Sn dO N0110—ddld 531tlll HJtl SLI — d3NMO 3HL 9 3SQ dOl ABIOS 03J—dd $1 11 'd— 3H1 JO A tl3dOdd 3105 3H1 SI — 031HOld— SI MNIMtli10 SIH10 O o� O z o: d O Ld 'd3NMO 3HL JO NOISSINd Id NI -M 3HL LfIOHLIM N30018- SI Ll NI -1-03 N01 H -NI 3HL W— MNIM- SIHL JO 3Sn dO N0110—ddld 531tlll HJtl SLI — d3NMO 3HL 9 3SQ dOl ABIOS 03J—dd $1 11 'd— 3H1 JO A tl3dOdd 3105 3H1 SI — 031HOld— SI MNIMtli10 SIH10 o� z o: Q o W W ` W - 0 FN �o Eel a 030 ` FI{I o000 00000000000 jrj 0000 00000000000 0000 � 000000000000000 00000000000 0000 00 00000000000 00000000000 O 11 oo�00 0000 00000000000 00000000000 0000 00000000000 w '\ 0000 ==E =1 00000000000 00000000000 v 00 0 00000000000 I�0000 a i U 3 F Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-628-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 10/18/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Beacon Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Attachments: Staff Report - BEST EMS.pdf BEST EMS Medical DirectorAgreement.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Beacon Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Agenda Item No. 7 Town Council Page 59 of 98 Meeting Date: October 25, 2016 T(:*aTOWN OF *7 TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Patrick Arata, Acting Town Manager Holly Fimbres, Town Secretary/RMO Re: BEST EMS Agreement Town Council Meeting, October 25, 2016 Agenda Item: Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Beacon Emergency Services Team Emergency Medical Services (BEST EMS) for Medical Director for operations in Emergency Medical Services; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Explanation: The Town currently has an agreement with BEST EMS for medical director services, however due to a name change from Blue Emergency Medical Services to Beacon Emergency Medical Services they have given the Town a new agreement to consider. The new agreement is materially the same with the same yearly fee of $4,950. The only changes to the existing agreement and the proposed agreement are Section 4, which now contains an auto -renewal, and Section 3, that contains a yearly renewal increase of 3%. Attachments: • BEST EMS Medical Director Agreement Recommendation: Staff recommends Council's approval of the proposed agreement with Beacon Emergency Services Team Emergency Medical Services. Page 1 of 1 Town Council Page 60 of 98 Meeting Date: October 25, 2016 MEDICAL DIRECTOR AGREEMENT THIS MEDICAL DIRECTOR AGREEMENT (the "Agreement") is made by and between Town of Trophy Club ("Agency") and Beacon Emergency Services Team, P.A. d/b/a BEST EMS (the "Company"). This Agreement is effective as of October 25, 2016 ("Effective Date"). WHEREAS, the Company employs or contracts with physicians who are duly qualified and licensed to practice medicine in the state and has approved one of its physicians to act as a medical director for the Agency; WHEREAS, the Company's physician has expertise in the field of medicine, emergency medical services, emergency medical services oversight and administration; WHEREAS, Agency provides emergency medical services, non -emergency medical services, mobile healthcare and other related services and desires to obtain the services of a medical director; WHEREAS, the Company is willing to provide the services of a medical director to Agency for its operations in emergency medical services, non -emergency medical services, mobile healthcare and other related services; NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties incorporate the above recitals and agree as follows: 1. Company Services. The Company shall provide a physician to serve as the Medical Director ("Medical Director") for Agency. As of the Effective Date, the Medical Director will be Justin Northeim, D.O. ("Physician"). Company will have the right, however, to appoint any other physician as the Medical Director in place of Physician in the event Physician leaves the Company or otherwise ceases to serve as Medical Director. The physician at any time serving as the Medical Director must be reasonably acceptable to Agency and must meet the following requirements and provide the following services to Agency: a. Provide comprehensive medical oversight (direct and indirect) according to Medical Director requirements and all services required of a Medical Director by Chapter 197, State Board of Medical Examiner Rules for clinical services delivered by Agency's personnel. Medical Director shall participate in the implementation of clinically sound, evidence -based expectations for the system; b. Provide medical oversight and guidance for Agency's quality leadership activities through serving as a liaison between Agency and the local medical community, collaborating with local designated quality organizations and/or committees to define quality standards, identify metrics, review performance data, identify opportunities for improvement, test new processes, and ultimately to adopt best practices. c. Review quality improvement and performance reports, provided by Agency and identify opportunities for improvement in patient care or system design and collaborate with all appropriate entities to develop an improvement program.; d. Review recorded medical oversight, control or direction conversations (if available) to assure appropriate clinical care and decision making by all entities. e. Review and respond to requests to review high priority clinical cases within twenty-four (24) hours of being notified; f Make or direct the making of such reports and records relating to patient care as may be required by Agency and/or regulatory bodies, whether public or private; g. Develop criteria for establishment and maintenance of credentials for Agency's emergency medical services personnel; h. Direct, coordinate, and/or participate in initial, ongoing and remedial education of emergency medical services personnel in accordance with Agency's policies; i. Participate in applicable peer review processes of the Agency, Agency management and governmental boards or agencies; Town of Trophy Club EMS Medical Director Agreement 10.25.2016 Confidential and Proprietary Town Council Page 61 of 98 Meeting Date: October 25, 2016 j. Advise and assist in the organization in implementation of an effective utilization review program for Agency and perform utilization review services; k. Assist in the design and development of protocols, guidelines, patient information forms, medical record forms, and consent forms for use in the field or for Agency purposes; 1. Undertake activities, as reasonably requested by Agency, including but not limited to professional contacts with physicians, healthcare systems, public health agencies, health plans paramedic associations, nursing associations, governmental agencies, and state and local medical societies in order to apprise such individuals and groups of the nature and availability of facilities and services of Agency and facilitate the exchange of information on patient care, administration, medical policy, and utilization review; in. Actively participate in the professional development of all staff in Agency and collaborate in communicating medical competency and expertise to the medical community and general public. Give technical advice and assistance as may be requested to facilitate the evaluation, acquisition, implementation and utilization of medical equipment, expansion of Agency services, as well as general strategic planning and collaborative efforts with other healthcare systems; n. Authorize, supervise and approve the purchase of necessary medications for pre -hospital use by Agency in accordance with the full scope of practice. Company acknowledges and agrees that controlled medications are specifically included within the definition of medications covered by this agreement and Medical Director will be responsible for approving all local implementation plans for the ordering, distribution and handling of controlled substances (to include oversight and sign -off on all controlled substance records and logs in a timely manner) consistent with local, state & federal requirements. Medical Director shall maintain all appropriate state and federal permits, registrations or licenses necessary to prescribe controlled substances; o. Fulfill all Medical Director functions including protocol development, education and performance review associated with the operation of any Agency communications centers within the area; p. Fulfill all Medical Director functions associated with the operation of any Agency inter -facility, specialty, mobile integrated healthcare or critical care transport operations; q. Perform any other functions associated with the role of a medical director as may be requested by Agency; r. Participate in all required activities associated with local and/or national accreditation processes; s. Participate in appropriately sanctioned research activities; t. Serve as the primary liaison between Town of Trophy Club EMS system administration and the local medical community, ascertaining and being responsive to the needs of each. 2. Time Commitment. The Medical Director shall be expected to be available to provide the above duties. The Company shall establish appropriate contact information to assure 24/7 availability of physician consultation (including designation of specific hospital based physicians or designated base -station contacts authorized to provide direct medical control). 3. Compensation. As payment for the services rendered by Company and Medical Director, Agency shall pay to Company the amount of $4,950.00. Agency will make four (4) equal payments in the amount of $1,237.50 each to Company for services provided in the initial term under this Agreement. For each subsequent one-year periods thereafter, per Section 4 automatic renewal, payment for services rendered will increase three percent (3%). Each payment will be due within thirty (30) days after the first day of the following months: October, January, April, and July. Payment should be made payable to Beacon Emergency Services Team, P.A. d/b/a BEST EMS and mailed to BEST EMS, Attn: Tina Stephenson, 13737 Noel Rd., Suite 1200, Dallas, TX 75240. 4. Term. The term of this Agreement shall commence on the Effective Date and shall be for one (1) year. This Agreement shall automatically renew for subsequent one-year periods thereafter, subject to the termination rights herein. The initial term and all renewal periods shall be cumulatively referred to as the "Term''. 5. Termination. This agreement may be terminated prior to the expiration of its Term as follows Town of Trophy Club EMS Medical Director Agreement 10.25.2016 2 Confidential and Proprietary Town Council Page 62 of 98 Meeting Date: October 25, 2016 a. Immediately by Agency upon the suspension, revocation or restriction of Medical Director's license to practice medicine or dispense medications unless Company provides a replacement Medical Director, with Agency's approval; b. Immediately by Agency if it determines in its reasonable discretion that continued provision of services by the Company and/or Medical Director will jeopardize health or safety; or c. With or without cause by either party by providing written notice of intent to terminate. Such termination shall become effective and the agreement shall be terminated in its entirety on the 30th calendar day following receipt of the written notice as herein described. 6. Relationship. In the performance of services under this Agreement, Company, Medical Director and Agency shall at all times be acting and performing as independent contractors. Nothing contained herein shall be deemed or construed to create any agency, partnership, joint venture, or employer-employee relationship between Company, Medical Director and/or Agency. Agency shall not have direct supervision over the manner in which Medical Director performs medical direction services pursuant to this Agreement. Agency shall not be responsible for the payment of any applicable taxes or withholdings related to Company's or Medical Director's services. Agency and Company agree that all services provided hereunder shall be provided in accordance with the terms and conditions of standard medical protocols in the state where the services are provided. 7. Right to Engage in Other Activities. Except where a conflict of interest may exist (e.g., working for a competitor of Agency or working for a governmental agency involved in oversight of the designated Agency's emergency medical services), nothing contained herein shall be deemed to restrict or prevent Company or Medical Director from engaging in consultation services or in any other business at such times, places, and in such manner as Company shall determine in its discretion during the Term of this Agreement and thereafter so long as Company is able to carry out its obligations under this Agreement. 8. Standard of Care. Medical Director shall render services in compliance with the accepted medical standard of care in the community and profession. 9. Compliance with Laws. The parties will comply in all material respects with all applicable federal and state laws and regulations including, the federal Anti -kickback statute. It is not a purpose, nor is it a requirement, of this Agreement or of any other agreement between the parties, to offer or receive any remuneration from any individual in exchange for referrals. Neither party shall make or receive any payment that would be prohibited under state or federal law. Company and Medical Director shall also maintain all licenses, certifications or accreditations necessary to provide Services hereunder. 10. Maintenance of Records. As applicable, each party will retain books and records respecting services rendered to patients for the time periods required under all applicable laws and allow access to such books and records to the extent required by law. To the extent required by Section 1861(v)(1)(i) of the Social Security Act, the parties shall, upon proper request, allow the United States Department of Health and Human Services, the Comptroller General of the United States, and their duly authorized representatives access to this Agreement and to all books, documents, and records necessary to verify the nature and extent of costs and services provided under this Agreement, at any time during the term of this Agreement and for an additional period of four (4) years after the last date services are furnished under this Agreement. If any party carries out any of its duties under this Agreement through a permitted subcontract or similar permitted agreement between the party and an individual or organization related to it, the party shall require that a clause be included in such agreement to the effect that until the expiration of four (4) years after the furnishing of services pursuant to such agreement, and to the extent required by Section 1861(v)(1)(i) of the Social Security Act, the related organization will make available, upon written request of the Secretary of Health and Human Services or the Comptroller General of the United States, or any other duly authorized representatives, all agreements, books, documents, and records of said related organization that are necessary to verify the nature and extent of the costs of services provided by that agreement. Run reports and patient care records shall be maintained in accordance with the requirements of Agency and Company and shall be treated as confidential so as to comply with all federal and state laws and regulations regarding the confidentiality of patient records. Each of the parties shall have the right to obtain copies of relevant portions of patient records maintained by the other party to the extent necessary to defend against legal actions taken against such party or its physicians or employees involved in the care of a patient. 11. Insurance. Company's professional liability insurance covers Medical Director for services that are provided under this Agreement. Town of Trophy Club EMS Medical Director Agreement 10.25.2016 3 Confidential and Proprietary Town Council Page 63 of 98 Meeting Date: October 25, 2016 12. HWAA. Each party shall comply with the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder ("HIPAA"), and with such other requirements of HIPAA that may become effective during the Term. All patient medical records shall be treated as confidential so as to comply with all state and federal laws. The parties shall execute the Business Associate Agreement attached as Exhibit "A". 13. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses: If to Agency: Town of Trophy Club Attn: Steven Glickman, CPA, CGFO, Assistant Town Manager/CFO 100 Municipal Dr. Trophy Club, TX 76262 If to Company: BEST EMS Attn: Tina Stephenson 13737 Noel Rd, Suite 1200 Dallas, TX 75240 With Mandatory Copy to: Haynes and Boone, LLP Attn: Kenya Woodruff 2323 Victory Ave, Suite 700 Dallas, Texas 75219 14. Confidentiality. All information with respect to the operations and business of a party (including the rates charged hereunder) and any other information considered to be and treated as confidential by that party gained during the negotiation or Term of this Agreement will be held in confidence by the other party and will not be divulged to any unauthorized person without prior written consent of the other party, except for access required by law, regulation and third party reimbursement agreements. 15. Non -Exclusion. Each party represents and certifies that neither it nor any practitioner who orders or provide Services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C.§ 1320a -7(a). Each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide Services, from participation in Federal health care programs, the party must notify the other party within five (5) days of knowledge of such fact, and the other party may immediately terminate this Agreement, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing services hereunder. 16. Miscellaneous. This Agreement (including any Schedules hereto): (a) constitutes the entire agreement between the parties with respect to the subject matter hereof, superseding all prior oral or written agreements with respect thereto; (b) may be amended only by written instrument executed by both parties; (c) may not be assigned by either party without the written consent of the other party, such consent not to be unreasonably withheld; (d) shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns; (e) shall be interpreted and enforced in accordance with the laws of the state where the services are rendered, without regard to the conflict of laws provisions thereof, and the federal laws of the United States applicable therein; (f) this Agreement may be executed in several counterparts (including by facsimile), each of which shall constitute an original and all of which, when taken together, shall constitute one agreement; and (g) this Agreement shall not be effective until executed by both parties. In the event of a disagreement between this Agreement and any Schedule hereto, the terms of this Agreement shall govern. Town of Trophy Club EMS Medical Director Agreement 10.25.2016 4 Confidential and Proprietary Town Council Page 64 of 98 Meeting Date: October 25, 2016 EXHIBIT A BUSINESS ASSOCIATE AGREEMENT IN WITNESS WHEREOF, the parties have hereto executed this Agreement. TOWN OF TROPHY CLUB By: C. Nick Sanders, Mayor Date: BEACON EMERGENCY SERVICES TEAM, P.A. D/B/A BEST EMS By: Nestor Zenarosa, M.D., Chief Executive Officer Date: Town of Trophy Club Business Associate Agreement 10.25.2016 Confidential and Proprietary Town Council Page 65 of 98 Meeting Date: October 25, 2016 EXHIBIT A BUSINESS ASSOCIATE AGREEMENT THIS BUSINESS ASSOCIATE AGREEMENT (this "Agreement") is made by and between Town of Trophy Club ("Covered Entity") and Beacon Emergency Services Team, P.A. d/b/a BEST EMS (the `Business Associate"). This Agreement is entered into effective October 25, 2016. BACKGROUND Covered Entity and Business Associate have entered into a medical director agreement ("Services Agreement") dated October 25, 2016 pursuant to which Business Associate arranges for the provision of services to Covered Entity. This Business Associate Agreement is intended as a supplement to the Services Agreement for the purpose of meeting the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended by the applicable provisions of the Health Information Technology for Economic and Clinical Health Act (Title XIII, Subtitle D) and its implementing regulations ("HITECH"), for the treatment of Protected Health Information, as defined herein, that may be disclosed by Covered Entity to Business Associate. Definitions Capitalized terms used, but not otherwise defined, in this Agreement shall have the same meaning as given those terms in 45 CFR Parts 160 and 164 (the 'HIPAA Regulations"). "Protected Health Information" ("PHI") means information that is: (i) created or received by a Health Care Provider, Health Plan, employer, or Health Care Clearinghouse; (ii) relates to the past, present, or future physical or mental health or condition of an individual; the provision of Health Care to an individual; or the past, present, or future Payment for the provision of Health Care to an individual; (iii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. The term PHI includes PHI maintained in or transmitted by electronic media; provided, however, the term PHI is limited, when used in this Agreement, to the PHI created, received, maintained, or transmitted by Business Associate on or behalf of Covered Entity. 2. Obligations and Activities of Business Associate (a) Business Associate agrees not to use or disclose PHI other than as permitted or required by this Agreement or as Required by Law. Further, Business Associate shall, to the extent Business Associate is to carry out Covered Entity's obligations under the HIPAA Regulations, comply with the requirements of the HIPAA Regulations that apply to Covered Entity in the performance of such obligations. (b) Business Associate agrees to use appropriate safeguards, and comply, where applicable, with 45 CFR Part 164, Subpart C with respect to electronic PHI, to prevent use or disclosure of the PHI other than as provided for by this Agreement. © Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. (d) Business Associate agrees to report to Covered Entity any use or disclosure of the PHI not provided for by this Agreement of which it becomes aware, including breaches of unsecured PHI as required by 45 CFR 164.410. (e) Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. (f) Business Associate agrees to provide access, within 10 (ten) days, to PHI maintained in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. (g) Within ten (10) days of a request from Covered Entity, Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual. Town of Trophy Club Business Associate Agreement 10.25.2016 Confidential and Proprietary Town Council Page 66 of 98 Meeting Date: October 25, 2016 EXHIBIT A BUSINESS ASSOCIATE AGREEMENT (h) Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary, in a timely manner or as designated by the Secretary, for purposes of the Secretary determining Business Associate's or Covered Entity's compliance with the Privacy Rule. (i) Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. 0) Business Associate agrees to provide to Covered Entity or an Individual, within ten (10) days of a request, information collected in accordance with Section 2 (i) of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. (k) Business Associate agrees to establish and maintain appropriate administrative, physical and technical safeguards that reasonably and appropriately protected the confidentiality, integrity and availability of electronic PHI. Business Associate will follow generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information ("the Security Rule", published at 45 CFR Parts 160 — 164), and be in compliance with all applicable requirements of HITECH. (1) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides electronic PHI agrees, in writing, to implement reasonable and appropriate safeguards to protect that information. (m) Business Associate agrees to report any Breach of Unsecured PHI or Successful Security Incident of which it becomes aware to Covered Entity without unreasonable delay, but no later than 30 days after discovery. To avoid unnecessary burden on either party, Business Associate shall report to Covered Entity any Unsuccessful Security Incident of which it becomes aware only upon request of Covered Entity. The frequency, content, and format of the report of Unsuccessful Security Incidents shall be mutually agreed upon by the parties. For purposes of this Agreement, a "Successful Security Incident" includes any Security Incident that results in an unauthorized access, use, disclosure, modification or destruction of electronic PHI or interference with system operations. For purposes of this Agreement, an "Unsuccessful Security Incident" includes Security Incidents that do not result in an unauthorized access, use, disclosure, modification or destruction of electronic PHI or interference with system operations. Specific Use and Disclosure Provisions (a) Except as otherwise permitted herein or required by law, Business Associate shall use PHI only for the purpose of performing services for Covered Entity as such services are described in the Services Agreement. Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (b) Subject to any limitations in this Agreement, Business Associate may disclose PHI to any third party person or entity as necessary to perform its obligations under the Business Arrangements and as permitted or required by applicable federal or state law. Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. © Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 42 CFR 164.504(e)(2)(i)(B). (d) Business Associate may use PHI to report violations of law to appropriate Federal and State authorities consistent with § 164.5020) (1) and 164.504(e). 4. Obligations of Covered Entity (a) Covered Entity shall notify Business Associate of any limitations in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI. Town of Trophy Club Business Associate Agreement 10.25.2016 Confidential and Proprietary Town Council Page 67 of 98 Meeting Date: October 25, 2016 EXHIBIT A BUSINESS ASSOCIATE AGREEMENT (b) Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI. © Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR 164.522 to the extent that such restriction may affect Business Associate's use or disclosure of PHI. Permissible Requests by Covered Entity Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, except in connection with Data Aggregation or management and administrative activities of Business Associate otherwise permitted under this Agreement. 6. Term and Termination (a) Term. This Agreement shall be effective as of the date first written above and shall terminate only upon termination of the agreed upon Services Agreement. (b) Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation. Covered Entity may terminate this Agreement and the Services Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity. If Business Associate has breached a material term of this Agreement and cure is not possible, Covered Entity may immediately terminate this Agreement and the Services Agreement. Effect of Termination (a) Except as provided in paragraph (2) of this section, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. (b) In the event that Business Associate determines that returning or destroying the PHI is not feasible, Business Associate shall notify Covered Entity and Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction, for so long as Business Associate maintains such PHI. 8. Miscellaneous (a) Regulatory References. A reference in this Agreement to a section in the Privacy Rule or Security Rule means the section as in effect or as amended. (b) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Business Associate or Covered Entity to comply with the requirements of the HIPAA Regulations. © Survival. The respective rights and obligations of Business Associate under Section 7 of this Agreement shall survive the termination of this Agreement. (d) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Business Associate and Covered Entity to comply with the HIPAA Regulations. Remainder of Page Intentionally Left Blank Signature Page Follows. Town of Trophy Club Business Associate Agreement 10.25.2016 Confidential and Proprietary Town Council Page 68 of 98 Meeting Date: October 25, 2016 EXHIBIT A BUSINESS ASSOCIATE AGREEMENT IN WITNESS WHEREOF, the Covered Entity and Business Associate have executed this Agreement effective as of the day and year first above written. "Covered Entity" Business Associate" TOWN OF TROPHY CLUB BEACON EMERGENCY SERVICES TEAM, P.A. D/B/A BEST EMS By: By: Print Name: C. Nick Sanders Print Name: Nestor Zenarosa, M.D. Print Title: Mayor Print Title: Chief Executive Officer Date: Date: Town of Trophy Club Business Associate Agreement 10.25.2016 Confidential and Proprietary Town Council Page 69 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-635-T Version: 1 Name: Type: Agenda Item Status: Consent Agenda File created: 10/20/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Security Video Management System Program for the 2016-2017 Fiscal Year; and authorizing the Acting Town Manager or his designee to execute all necessary documents (Staff). Attachments: Staff Report - Security Video Management System Program.pdf RES 2016-32 - Security Video Management System Program.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Security Video Management System Program for the 2016-2017 Fiscal Year; and authorizing the Acting Town Manager or his designee to execute all necessary documents (Staff). Agenda Item No. 8 Town Council Page 70 of 98 Meeting Date: October 25, 2016 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Mayor and Town Council From: Patrick Arata, Acting Town Manager CC: Steven Glickman, Assistant Town Manager/CFO Holly Fimbres, Town Secretary/RMO Re: Security Video Management System Grant Town Council Meeting, October 25, 2016 Agenda Item: Consider and take appropriate action regarding a Resolution approving the submission to the Office of the Governor, Criminal Justice Division, of a Grant Application for the Security Video Management System Program for the 2016-2017 Fiscal Year; authorizing the Acting Town Manager or his designee to execute all necessary documents. Explanation: On March 8, 2016 the Town Council approved Resolution No. 2016-07, which designated Stephen Seidel, the previous Town Manager, as the grantee's authorized official. The proposed resolution designates Patrick Arata, Acting Town Manager, as the grantee's authorized official in order to maintain the Grant. The Grant is for the purchase of a video security surveillance and management equipment to be installed in the new building police complex. This Grant will provide up to $36,255. Attachments: • Resolution No. 2016-32 Recommendation: Staff recommends Council approve Resolution No. 2016-32. Page 1 of 1 Town Council Page 71 of 98 Meeting Date: October 25, 2016 TOWN OF TROPHY CLUB RESOLUTION NO. 2016-32 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION FOR THE SECURITY VIDEO MANAGEMENT SYSTEM PROGRAM FOR THE 2016-2017 FISCAL YEAR; DESIGNATING AND AUTHORIZING THE ACTING TOWN MANAGER OR HIS DESIGNEE AS THE TOWN'S AUTHORIZED OFFICIAL TO EXECUTE ALL NECESSARY DOCUEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of the Town of Trophy Club that the Security Video Management System Program to be operated in the 2016-2017 fiscal year; and WHEREAS, in the furtherance of that objective, the Town Council determines it appropriate and in the best interests of the public health, safety and welfare to submit a grant application to for the Security Video Management System Program to the Office of the Governor, Criminal Justice Division; and WHEREAS. The Town of Trophy Club agrees that in the event of loss or misuse of the Criminal Justice Division funds. The Town of Trophy Club assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Town of Trophy Club designates Patrick Arata, Acting Town Manager, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the Town of Trophy Club and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF TROPHY CLUB, TEXAS: Section1. The Town of Trophy Club hereby approves the submission of a grant application for the Security Video Management System Program to the Office of the Governor, Criminal Justice Division and authorizes the Acting Town Manager or his designee to execute all documents. Section 2. This Resolution shall become effective from and after the date of passage in accordance with law. Town Council Page 72 of 98 Meeting Date: October 25, 2016 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of October 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas RES 2016-32 Page 2 of 2 Town Council Page 73 of 98 Meeting Date: October 25, 2016 Town of Trophy Club Trophy phy Municipal Drive Club, Texas 76262 Legislation Details (With Text) File #: 2016-619-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding the award or rejection of bids for the Veteran's Memorial, Independence Park West parking lot adjacent to the Veteran's Memorial, and Harmony Park parking lot; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Attachments: Staff Report - Veteran's Memorial and Parking Lot Bids.pdf TNP Letter of Recommendation for Contract Award.pdf Bid Tab for Parking Improvements for Veteran's Memorial and Harmony Park.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the award or rejection of bids for the Veteran's Memorial, Independence Park West parking lot adjacent to the Veteran's Memorial, and Harmony Park parking lot; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Agenda Item No. 9 Town Council Page 74 of 98 Meeting Date: October 25, 2016 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Patrick Arata, Acting Town Manager Holly Fimbres, Town Secretary/RMO Re: Veteran's Memorial and Parking Lots Bid Award Town Council Meeting, October 25, 2016 Agenda Item: Consider and take appropriate action regarding the award or rejection of bids for the Veteran's Memorial, Independence Park West parking lot adjacent to the Veteran's Memorial, and Harmony Park parking lot; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Explanation: On October 13, 2016 bids were opened for the Veteran's Memorial, Veteran's Memorial Parking Lot, and Harmony Park Parking Lot. A total of six bids were received. Cole Construction Inc. submitted the lowest qualified base bid of $696,624.50, along with an Alternate 1 Bid of $65,000 and an Alternate 2 Bid of $73,000. The alternates are for landscape improvements to the Veteran's Memorial and one or the other must be chosen. The total cost of the base bid with Alternate 1 is $761,624.50 and the total cost of the base bid with Alternate 2 is $769,624.50. The total budgeted amount for these projects is $804,000, which includes professional service fees. Attachments: • TNP Letter of Recommendation for Contract Award • Bid Tab for Parking Improvements for Veteran's Memorial and Harmony Park Recommendation: Staff recommends Council award of the bid to Cole Construction Inc. with alternate 1 in the amount of $761,624.50. Page 1 of 1 Town Council Page 75 of 98 Meeting Date: October 25, 2016 stn �► p league nail & perkins www.tnpinc.com October 20, 2016 Steven Glickman Assistant Town Manager Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Re: Recommendation for Contract Award Parking Lot Improvements to serve Veterans Memorial Park & Harmony Park Dear Steven: On October 13, 2016, bids were opened for the above referenced Town project. Six bids were received and a bid tabulation report has been prepared and attached for record. Cole Construction Inc. submitted the lowest qualified Base Bid of $696,624.50, plus an Alternate 1 Bid of $65,000 and an Alternate 2 Bid of $73,000 for the project. One of the Alternates must be selected as part of the project. • Base Bid + Alternate 1 = $761,624.50 • Base Bid + Alternate 2 = $769,624.50 Alternate 1 consists of the base landscape improvements for Veterans Memorial Parking Lot and Alternate 2 consists of the enhanced landscape improvements for Veterans Memorial Parking Lot. The bid time is as follows: 150 calendar days (substantial completion) and 164 calendar (final acceptance). Upon review, the bid is consistent with the engineer's estimate. To determine the lowest qualified bidder, similar project experience and references were evaluated. Based on these qualification, it has been determined that Cole Construction Inc. has met the requirements as the lowest qualified bidder. TNP has reviewed the scope and construction timeline with Cole Construction Inc and they have confirmed the project scope and their bid. Based upon these factors, it is recommended that this contract be awarded to Cole Construction Inc. Sincerely, tnp teague nail & perkins 6m RWo* Tom Rutledge Principal Attachments engineers surveyors landscape architects Fort Worth - 5237 N. Riverside Drive, Suite 100- Worth, Texas 76137- 81 7.336.5773 Daf8 nl 630nPeston Road, Suite 1 340 - Dallas, Texas 75252 - 2' 4.461.P6ze4�6D&Mr 1517 Centre Place Drive, Suite 32V JDeefiWry bXd&7 UCI01d ff. LI 6 Registered by the Texas Board of Professional Engineers, Firm No. F-230 - Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00 w> Z O w w w w w w w w w w w w O y a o2 rc w Z m rc ° o m O F Q > a < J s m. O O F F 0 C7 z w$$ w w$ w$ w w w$ w w w$$ w$ w n $ 0 ZY W 0<w - w w w w w w m 0 d F > Z Z w U U F 00 o0 0 �a g� ao 0 U Fo O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m O w e w w w w � a o 0 0 0 o w w w e o 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 w w � e o 0 o w e U _$ OF o o w 66 66 � o o W 66 6 Q U voi w W W W w w w w w o w o voi w w w w w W'o o e w p OU ry e ry 66 6 NZ ry w w w w w w w a w w Q EO w�www 2a« RK« z z 6 6q g6 0 m F m oR o 00 U U OU o ni o66666 n 66 6 o m o o Z w w w w w w w w w w Z > N N W 41 41 W W W 41 N W W¢ > N N N W w Z .`�.. O NZ m _ _ w Z i - - Z f - wm Z - - Z i w, K 6 y Z 2 O - K - p y2y1 d J w !c K 12 0 c K m E K Z - = ` mw F Q - Y K Z Y c U w. 'L ^z 0 1 c U c J 2 Q N V O 6 i° w w e Uwl 1 a Q 3 0 3 K K QZQ K K 3 0 3 m Z m` -c -c U c Z m K K c -c n c E¢ W Z W a Z ¢ m etl QZQK ?? yQZ ry N W c m a m OW W o ` OW o o W W a m iu ❑ m a 0 o - E io a Iwl m m 1O m o a s o= w> E E w> m' O W 4 w _ Z E o 2 - - `~ ? 3 ~ a E o 2 << y c 0 W' O n Z to U a w m m = c c c a m = . U U m f 3 a c m O sy m = rn 3 c = U U -_ -_ c 0 W Z W w a (7O to Or _- _ = - aK -_- - aU N n Z_ J LL _ c m f _ - Z - - --c Um O p F w ❑ m W W j O Q 41 N o o d a F M rn _ `o `c `c t V c U d a - `o `a c E` U U V F L c '� °' LL a a F `! rn `o `c `c E o o F O -- ❑ W O Z Z❑❑ Z v m E" ._ ._ ❑ _- K K t- U o w K K K x c v E U E -m 2 yj m` o o K K-- U> o v~ --- F F F U r w m m to 7 io - - m Uo < r U r < to to 7 - to 7 io - io U' U' < m w Z W F Z m ry M a m m r m m o ry M< m m r m m o Q Q Q Q Q Q Q Q Q Q' Q' Q' Q' Q' Q' Q' Q' Q' Q' Q m ry M a m m r m m o "� < U U U U U U U U U U U U U U N M O O O Y d ¢ V y Z O w w w w w w w w ON 00 a rc w ¢_ � Z m rc ° O a F U O Q Y rc M. w J a o 666 66 Q �O F° Z¢ D Z Y W _ 0 K - O m ° d F > Z z w ° w - U F O d U U U F O U 3 O _ Q C U N U z w E ° 0 0 0 FS S S S S So 00 U a U 0 U Z w T� F d rc f W K ZO Z O O U_' K Z O O W W Z i Z O Q Z Z Z H O_ 0 W 0 > O °b W W Q U ZOZ Z J O K = = Z2 _ ~ Q K etl Q O� Zw K °b �- W Q� OZ Q Ory Zmf Z O f Q w W Q N m O K 2 Z Z Z O O F wo> > Q Z O O O Q Q f F Y Y K d d Q WW z Y U_' — 2 Y W JZ W O K z JZ z w w N- K K c Q y K Q p W aK, °b Y W i etl F Z> O_ c W K z ° i i w O Q Q O Q w V w e y~-ji Y O W Z Z w m e c F O W z r Nd �J� rc �Ug O m �:2z w f K� OZ m W f �Z G i0 ZK O0 y i ZS 2 U W U_' Z Z Z Q Q O Q K Z o io N ,'. �FZ QF i W i s ii y.� m Q Q Qty Z W W FN Z QO Y r o K w❑ Q— U �xw a �Q - Ey> OZ ¢-WO QQwz a c> - a O ¢_ Qi W> O J K- Q a_� F O O �� > W O yzj w y 1O�ri a p o w r K Ew 2w 2 _ 2 J > ZK Q > Y a Yana �n Y c c yW� W K W. W y Q 0 d Q>yzj w i w> w a W U p W io z z< w u~°i = w Q LL- W -- W a z x rc a Z Z 0 0. a t F> Z O Z O `0 U Z) w z g W,. b t > b Eo a o o o rc s rc rc o n a w d a aooyo� w a §rnm m a> �E�� z> u �� z o a N �`m m �wrc rc w m a « z z a a z z z w .. Z m m > a a_ o a a= 9 x a a_ >> i w w z i a° a° z v a 5 o i a a z o❑ c 0 LL „ m a a a ' a a x a a o a m u o w m x F F F F W= K F W a W a u N a woz m .-o o z `o - �m zz zz>zQz >> » �� Z w 6 x x x Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-623-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding the new Trophy Club Town Hall and Police Department facility specific to the review of items that were removed from the original plan and the financial status of available funds (N. Sanders and J. Parrow). Attachments: Town Hall Funding.odf Alternates - Town Hall.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the new Trophy Club Town Hall and Police Department facility specific to the review of items that were removed from the original plan and the financial status of available funds (N. Sanders and J. Parrow). Agenda Item No. 10 Town Council Page 79 of 98 Meeting Date: October 25, 2016 Town of Trophy Club Joint Facility Cost and Funding Breakdown as of 10/18/2016 Funding 2015 CO Bond Proceeds - CCPD 2015 GO Bond Proceeds CCPD Operating Funds Security Camera Grant Anticipated Interest Earnings General Fund Operating Funds (1) Total Funding Costs Professional Services (remaining) Construction (2) Owner's Contingency Contractor's Contingency Owner Provided Items (3) Total Costs 2,350,000 4,739,324 125,000 36,000 30,000 250,000 $ 7,530,324 123,821 6,514,015 135,333 110,610 600,000 $ 7,483,779 Under (Over) Budget with Owner's Contingency Usage $ 46,545 Under (Over) Budget without Owner's Contingency Usage $ 181,878 (1) Original budget was $500,000 - reduced based on bid prices (2) Remaining base bid based on Council decisions made to date (3) Telephone System, Blinds, Appliances, Owner provided A/V, Cabling, Server, Furniture Town Council Page 80 of 98 Meeting Date: October 25, 2016 2015.087.00 — TROPHY CLUB JOINT TOWN HALL & POLICE ADMINISTRATION FACILITY GSBS ARCHITECTS ADDENDUM NO. of 1.1 SCHEDULE OF ALTERNATES A. Alternate No. 1— Security Fence (Additive): (Original bid - $53,228) 1. Description: Provide all items associated with security fence as shown on sheet C1.06 for north side of staff parking lot enclosed on the east and south drive sides inclusive of the drive gate, one man gate, gate controls, and mow strip. a. This alternate includes fencing at location of masonry screen wall (alternate 402) at west and south end of staff parking lot. b. Alternate Fence details per decorative metal fence details on sheet C 1.22 2. Base bid Supporting Alternate No. 1 a. Base bid per sheet C1.05 indicating only conduit runs to future gate control location. B. Alternate No. 1.A — Security Gate Only (Additive) C. Alternate No. 1.B — Security Fence (Additive) 1. Description: Provide all items associated with security fence inclusive of fencing along the west and south sides of the secured parking lot. At the south east corner of the secured parking lot the fence will transition from an Ameristar fence to a black powder coated chain link fence that will encompass the future public works site. Include gate at East side of property at existing curb cut. D. Alternate No. 2 — Masonry Screen Wall and Security Fence (Additive): (Original bid - $34 110 3. Description: Provide all items associated with security fence inclusive of fencing as described in alternate 901 above with exception of masonry wall shown on alternate site plan, sheet C1.06. a. Screen wall is per details 7/A1.0, 8/A1.0, and 2/S2.9 4. Base bid Supporting Alternate No. 2 a. Base bid per site plan, without screen wall and fencing, sheet C1.05 E. Alternate No. 3 — Concrete Pavement Addition (Additive): Accepted 1. Description: Provide all items described in compliance with specification Division 32 for site paving. a. Provide 14 additional parking spaces/paving/curb and gutter/ curb stops as identified on alternate site plan, C1.06 and further identified as alternate 43. b. Remove Turf Grass and irrigation within the proposed pavement area of this alternate. 2. Base bid Supporting Alternate No. 3 a. Base Bid to be per 1/Ll.land site plan, C1.05 F. Alternate No. 4 — Planting Addition (Additive): (Original bid - $23,225) 1. Description: Provide all items described in compliance with specification Division 32. ALTERNATES 012300- 1 Town Council Page 81 of 98 Meeting Date: October 25, 2016 2015.087.00 - TROPHY CLUB JOINT TOWN HALL & POLICE ADMINISTRATION FACILITY GSBS ARCHITECTS ADDENDUM NO. a a. Add bed preparation, top dress mulch, plantings, and edging as defined by references on sheet L4.1 for limits of alternate. Provide drip irrigation within the limits of the proposed bed area per sheet L5.1 b. Remove turf grass and spray irrigation within the proposed bed area, defined by sheet L4.1 and L5.1 2. Base bid Supporting Alternate No. 4 a. Base bid to be per 1/LL I and irrigation per plan 1/L/2.2 G.Alternate No. 5 - Planting Addition (Additive): (Original bid - $9,264) 1. Description: Provide all items described in compliance with specification Division 32. a. Add bed preparation, top dress mulch, plantings, and edging as defined by references on sheet L4.1 for limits of alternate. Provide drip irrigation within the limits of the proposed bed area per sheet L5.1 b. Remove turf grass and spray irrigation within the proposed bed area, defined by sheet L4.1 and sheet L5.1 2. Base bid Supporting Alternate No. 5 a. Base bid to be per 1/LLL and irrigation per plan 1/L/2.2 A. Alternate No. 6 - Planting Addition (Additive): (Original bid - $19,662 - adding this may eliminate the need for Alternate item no. 9) 3. Description: Provide all items described in compliance with specification Division 32. a. Add bed preparation, top dress mulch, plantings, and edging as defined by references on sheet L4.2 for limits of alternate. Provide drip irrigation within the limits of the proposed bed area per sheet L5.2 b. Remove turf grass and spray irrigation within the proposed bed area, defined by sheet L4.2 and sheet L5.2 1. Base bid Supporting Alternate No. 6 a. Base bid to be per 1/LLL and irrigation per plan 1/L/2.2 B. Alternate No. 7 - Planting Addition (Additive): (Original bid - $34,309) 1. Description: Provide all items described in compliance with specification Division 32. a. Add bed preparation, top dress mulch, plantings, and edging as defined by references on sheet L4.3 for limits of alternate. Provide drip irrigation within the limits of the proposed bed area per sheet L5.3 b. Remove turf grass and spray irrigation within the proposed bed area, defined by sheet L4.3 and sheet L5.3 2. Base bid Supporting Alternate No. 7 a. Base bid to be per 1/LLL and irrigation per plan 1/L/2.2 C. Alternate No. 8 - Planting Addition (Additive): (Original bid - $343) 1. Description: Provide all items described in compliance with specification Division 32. a. Add bed preparation, top dress mulch, plantings, and edging as defined by references on sheet L4.4 for limits of alternate. Provide drip irrigation within the limits of the proposed bed area per sheet L5.4 b. Remove turf grass and spray irrigation within the proposed bed area, defined by sheet L4.4 and sheet L5.4 2. Base bid Supporting Alternate No. 8 a. Base bid to be per 1/LLL and irrigation per plan 1/L/2.2 ALTERNATES 012300-2 Town Council Page 82 of 98 Meeting Date: October 25, 2016 2015.087.00 — TROPHY CLUB JOINT TOWN HALL & POLICE ADMINISTRATION FACILITY GSBS ARCHITECTS ADDENDUM NO. a D. Alternate No. 9 — Bollards (Additive): Accepted 1. Description: Provide all items described in compliance with specification Division 05 a. Reference detail 1/L6.1, provide the 17 identified bollards. 2. Base bid does not include bollards this location. E. Alternate No. 10 — Landscape Wall (Additive): (Original bid - $83,329) 1. Description: Provide all items described in compliance with specification Division 03 & 04 a. Provide retaining wall system as identified on alternate site plan C1.06. Provide alternate grading this location per alternate grading plan C 1.10. b. Remove metal edging along profile of retaining wall this location. 2. Base bid Supporting Alternate No. 10 a. Base bid per sheet C1.05 inclusive of metal edging, limits defined on 1/L1.1 following profile of alternate retaining wall. F. Alternate No. 11 — Folding Panel partition. Room 103, Council Chambers (Additive): (Original bid - $27,191) 1. Description: Provide for the addition of a folding panel as described in Specification Section 102239 FOLDING PANEL PARTITIONS. a. Alternate wall condition per 6/A5.6. b. Alternate Head condition per 5/A9.4. 2. Base bid Supporting Alternate No. 11 a. Base bid to provide for the necessary structural requirements above ceiling line as shown on sheet S2.6, located approximately 5'-6" south of column line "B", beam designated (W 30x90). b. Base Bid Wall condition per architectural detail 1/A5.2 G. Alternate No. 12 — Epoxy Terrazzo Flooring (Additive): (Original bid - $22,015) 1. Description: Provide for the replacement of porcelain tile scheduled for Vestibule 100, Public Lobby 101, Town Hall Lobby 105, PD Lobby 194, and Corridor 195 with Epoxy Terrazzo Flooring as specified in Section a. Alternate shall include limits as shown on detail 1/A2.5 and 1/A2.6. b. Provide necessary transitions to adjacent materials in the event this alternate is taken. 2. Base bid Supporting Alternate No. 12 a. Base Bid shall be Porcelain tile as scheduled and shown on detail 1/A2.5 and 1/A2.6. H. Alternate No. 13 — Stone Veneer (Additive): (Original bid -$160,701) 1. Description: Provide for the replacement of brick veneer on the exterior elevations with Stone Veneer in areas defined by details on sheets A3.3 and A3.4 a. Alternate shall include limits as shown. b. Provide necessary transitions to adjacent materials in the event this alternate is taken. 2. Base bid Supporting Alternate No. 13 a. Base bid shall be brick veneer as shown on sheets A3.1 and A3.2 I. Alternate No. 14 —Entry Plaza Lighting (Additive): Accepted ALTERNATES 012300-3 Town Council Page 83 of 98 Meeting Date: October 25, 2016 2015.087.00 — TROPHY CLUB JOINT TOWN HALL & POLICE ADMINISTRATION FACILITY GSBS ARCHITECTS ADDENDUM NO. of 1. Description: Provide all items associated with site lighting as identified by alternate 414 on detail 1/E2.1. 2. Base bid to be no site lighting this location. Alternate No. 15 — Holding Cells (Additive): (Original bid - $49,141 ) Partially Accepted 3. Description: Provide for the construction of CMU walls and detention fixtures, furnishings and accessories. a. Alternate is as shown on plan detail 3/A2.13 and associated referenced details. b. Specifications Sections 111900, 111910, 111920, 111930, 111940, 111950, and 111980 are inclusive of this alternate. 4. Base bid Supporting Alternate No. 15 a. Base bid is as shown on Plan Detail 2/A2.2 with standard doors, ceilings, fmishes and partitions. K. Alternate No. 16 — Rear Patio Paving (Additive): (Original bid - $5,492) 5. Description: Provide expansion of concrete flatwork as shown on detail alternate site plan C1.06 further identified by alternate 916 a. Standard details of concrete flatwork and compliance of specification Division 03, apply to this alternate. b. If this alternate is accepted, a supplemental detail will be provided, at future date, to address the planting and irrigation configurations necessary for this Alternate. This planting and irrigation cost is therefore not to be provided in this original additive Alternate at this time. 6. Base bid Supporting Alternate No. 16 a. Base bid for this area is as shown on detail Site Plan/C1.05 L. Alternate No. 17 — Rear Roof Canopy (Additive): (Original bid - $10,075) 7. Description: Allowance, contractor shall provide an allowance for previously described roof canopy. The allowance shall include cost, labor, design/engineering fees. M. Alternate No. 18 — Public Water Line (Additive): Accepted 8. Description: Provide removal/abandonment of existing 12" water line and installation of new 16" water line with valves, ductile iron fittings, blocking, etc. ....................................I...............I.............. a. Alternate public water line as shown on sheets C3.03, C3.04, and C3.05. ....... ......... 9. Base bid as shown on sheets C3.01 and C3.02. Base bid is to move the existing 12" public water line and place back as 12" public water line. ALTERNATES 012300-4 Town Council Page 84 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-621-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2016-2017 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 1); providing for an amendment to appropriate funds for expenditures and recognize revenue associated with operating the Fire Department; and providing an effective date (Staff). Attachments: Staff Report - Budget Amendment No. 1.pdf Ordinance No. 2016-47 - Budget Amendment No. 1.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2016-2017 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 1); providing for an amendment to appropriate funds for expenditures and recognize revenue associated with operating the Fire Department; and providing an effective date (Staff. Agenda Item No. 11 Town Council Page 85 of 98 Meeting Date: October 25, 2016 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Patrick Arata, Acting Town Manager Holly Fimbres, Town Secretary/RMO Re: Fiscal Year 2017 Budget Amendment No. 1 Town Council Meeting, October 25, 2016 Aeenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2016- 2017 Budget of the Town of Trophy Club, Texas (Budget Amendment No. 1); providing for an amendment to appropriate funds for expenditures and recognize revenue associated with operating the Fire Department; and providing an effective date (Staff). Explanation: Budget Amendment No. 1 appropriates funds for expenditures and recognizes revenues associated with operating a Fire Department. On September 19, 2016, the Town Council and Trophy Club Municipal Utility District (TCMUD) No. 1 had a joint meeting with the sole focus on operational control of the Fire Department. Both entities agreed that the Town would operate the Fire Department and the TCMUD No. 1 would pay the Town the net amount between the total expenditures less applicable debt (which the TCMUD No. 1 would still pay directly) and the PID Fire Assessment. In total, the budget amendment recognizes $1,185,421 in revenue, $1,104,001 in expenditures, and a $81,420 transfer to fund future capital replacement. Attachments: • Ordinance No. 2016-47 Recommendation: Staff recommends approval of Budget Amendment No. 1 as presented. Page 1 of 1 Town Council Page 86 of 98 Meeting Date: October 25, 2016 TOWN OF TROPHY CLUB ORDINANCE NO. 2016-47 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2016-2017 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS (BUDGET AMENDMENT NO. 1); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS FOR EXPENDITURES AND RECOGNIZE REVENUE ASSOCIATED WITH OPERATING THE FIRE DEPARTMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2016-2017 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council did not appropriate funds for expenditures associated with operating a Fire Department; and WHEREAS, the Town Council has come to an agreement with the Trophy Club Municipal Utility District #1 to operate the Fire Department; and WHEREAS, this amendment recognizes revenue associated with operating the Fire Department equal to expenditures resulting in no net effect to the budget; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit "A", will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Town Council Page 87 of 98 Meeting Date: October 25, 2016 SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2016-2017 Budget is hereby amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2016-2017 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first amendment that has occurred since the October 1, 2016 effective date of the Town's Fiscal Year 2016-2017 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2016-2017 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. ORD 2016-47 Page 2 of 4 Town Council Page 88 of 98 Meeting Date: October 25, 2016 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of October 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2016-47 Page 3 of 4 Town Council Page 89 of 98 Meeting Date: October 25, 2016 Exhibit "A" Town of Trophy Club Budget Amendment No. 1 There is no net effect of on the Fiscal Year 2016-2017 General Fund budget as a result of the proposed budget amendment. General Fund Line Item Department Intergovernmental Transfer MUD Revenue PID Fire Assessment Revenue Salaries Fire Overtime Fire Longevity Fire Certification Fire Retirement Fire Medical Insurance Fire Dental Insurance Fire Vision Insurance Fire Life Insurance & Other Fire Social Security Taxes Fire Medicare Taxes Fire Unemployment Taxes Fire Workman's Compensation Fire Physicals/Testing Fire Tuition Reimbursement Fire Professional Outside Services Fire Schools and Training Fire Electricity Fire Water Fire Telephone Fire Communications/Pagers/Mobiles Fire Building Maintenance Fire Vehicle Maintenance Fire Equipment Maintenance Fire Emergency Management Fire Dispatch - Denton County Fire Dues and Memberships Fire Flags and Repairs Fire Travel and Per Diem Fire Inspection Fees Fire Office Supplies Fire Postage Fire Publications/Books/Subscriptions Fire Fuel Fire Uniforms Fire Small Equipment Fire Maintenance Supplies Fire Miscellaneous Expense Fire Capital Outlay Fire Transfer to Equipment Replacement Other Sources/Uses Transfer in - Equipment Replacement Other Sources/Uses Insurance Fire Software and Support Fire Hardware Fire Programs and Special Projects Fire Advertising Fire Printing Fire Current Budget Amendment Amended Budget - (713,184) (713,184) - (472,237) (472,237) - 551,224 551,224 - 50,237 50,237 - 5,618 5,618 - 5,400 5,400 - 80,434 80,434 - 68,414 68,414 - 4,797 4,797 - 479 479 - 3,684 3,684 - 37,974 37,974 - 8,881 8,881 - 1,467 1,467 - 9,969 9,969 - 8,785 8,785 - 1,300 1,300 - 6,600 6,600 - 7,880 7,880 - 6,673 6,673 - 1,200 1,200 - 50 50 - 10,851 10,851 - 12,000 12,000 - 20,000 20,000 - 23,370 23,370 - 1,000 1,000 - 5,700 5,700 - 15,582 15,582 - 3,050 3,050 - 4,081 4,081 - 500 500 - 500 500 - 50 50 - 350 350 - 21,111 21,111 - 31,140 31,140 - 17,050 17,050 - 1,500 1,500 - 1,000 1,000 - 45,836 45,836 - 81,420 81,420 - (81,420) (81,420) - 16,513 16,513 - 2,506 2,506 - 750 750 - 7,500 7,500 - 500 500 - 495 495 ORD 2016-47 Page 4 of 4 Town Council Page 90 of 98 Meeting Date: October 25, 2016 Town of Trophy Club Trophy phy Municipal Drive Club, Texas 76262 Legislation Details (With Text) File #: 2016-625-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for November 8, 2016 and items from the Town Council Future Agenda Items list (Staff). Attachments: November 8, 2016 Upcoming Agenda.odf Items for Future Agendas updated 10-17-2016.pdf Date Ver. Action By Action Result Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for November 8, 2016 and items from the Town Council Future Agenda Items list (Staff). Agenda Item No. 12 Town Council Page 91 of 98 Meeting Date: October 25, 2016 Town Council Page 92 of 98 Meeting Date: October 25, 2016 Meeting Date 11/08/2016 No. Announcements & Reports Acting Town Manager Arata's update regarding the following; discussion and 1 provide input regarding same (Staff): Town Mgr 2 Town Council Liaison Updates; discussion of same (Staff): Town Sec SRPTF No. Consent RES ORD PROC File ID Dept Consider and take appropriate action regarding the Town Council Regular Session 3 Minutes dated October 11, 2016 (Staff). Town Sec Consider and take appropriate action regarding financial and variance report 4 dated September 2016 (Staff). Finance SRPTF No. Regular Session RES ORD PROC File ID Dept Consider and take appropriate action regarding a Proclamation of the Town Council declaring November 17, 2016 as World Pancreatic Cancer Day in Trophy 5 Town Sec Club; and providing an effective date (N. Sanders and R. Rowe). Consider and take appropriate action regarding the award or rejection of the proposal for Entryway Monumentation and Median Design for the Town of 6 Trophy Club; and authorizing the Town Manager or his designee to execute all Finance necessary documents (Staff). STAFFRPT No. Upcoming Agenda & Council Future Agenda Items List Update RES ORD PROC File ID Dept Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for December 13, 2016 and 7 items from the Town Council Future Agenda Items list, to include discussion of the Town Sec below item (Staff). A) Item No. 1 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016) (3-August 9, 2016) (4- November 8, 2016) STAFFRPT No. Executive Session RES ORD PROC File ID Dept Pursuant to the following designated section of the Texas Government Code, 8 Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into Town Sec executive session to discuss the following: SRPTF No. Regular Session RES ORD PROC File ID Dept 9 Consider and take appropriate action regarding the Executive Session. Town Sec Town Council Page 92 of 98 Meeting Date: October 25, 2016 Town Council Future Agenda Items List (Updated 10/17/2016) 1. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1 -February 9, 2016) (2 -May 10, 2016) (3 -August 9, 2016) 1/12/2016 — At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer regarding the Annex Building. 5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this item can remain on the list until the applicable time to deal with it. 9/19/2016 — This item was scheduled to be placed on a future Joint Meeting agenda, tentatively for January 2017, with the TCMUD No. 1 Board of Directors. 2. Discussion of Green Ribbon grants for the beautification along the sound wall on State Highway 114. (Sanders 3/8/2016) (1 -June 14, 2016) (2 -September 13, 2016) (3 -December 13, 2016) 6/14/2016 — Mayor Sanders advised that when the sound wall along State Highway 114 is installed, this item would assist with shrubbery and landscaping through a grant application. 9/13/2016 — Mayor Sanders received consensus to leave this item due to the upcoming construction of the sound wall. Town Manager Seidel advised that it could be accomplished through a tri -city partnership with Westlake and Roanoke. 3. Detail review of the nuisance ordinance. (Rowe 4/12/2016) 7/12/2016 - Town Staff are continuing to work on this item. 10/11/2016 — Town Staff are continuing to work on this item. 4. Consider repealing Section 14.02.253(3)(A) related to tree houses. (Shoffner 7/12/2016) 10/11/2016 — Council Member Shoffner advised that we would work with the Town Attorney about appropriate changes to the Code of Ordinances. 5. Review of any conflicts within the golf cart ordinance (Ordinance No. 2016-23) related to allowing motorized carts to travel on all park and linear trails. (Lamont 9/27/2016) (1 - December 27, 2016) Page 1 of 1 Town Council Page 93 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-624-T Version: 1 Name: Type: Agenda Item Status: Executive Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. Town Secretary Holly Fimbres (P. Shoffner and R. Rowe) 2. Town Manager position search (Town Council) B) Section 551.087 Deliberations regarding Economic Development Negotiations under Subsection (2) to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: Potential Projects and Incentives (Staff) Attachments: Date Ver. Action By Action Result Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. Town Secretary Holly Fimbres (P. Shoffner and R. Rowe) 2. Town Manager position search (Town Council) B) Section 551.087 Deliberations regarding Economic Development Negotiations under Subsection (2) to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town: Potential Projects and Incentives (Staff) Agenda Item No. 13 Town Council Page 94 of 98 Meeting Date: October 25, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #: 2016-622-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding a Town Personnel Policy regarding maternity leave; discussion of same (R. Rowe and G. Reed). Attachments: Draft Maternity Leave Policy.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding a Town Personnel Policy regarding maternity leave; discussion of same (R. Rowe and G. Reed). Agenda Item No. 14 Town Council Page 95 of 98 Meeting Date: October 25, 2016 502.11 PAID MATERNITY LEAVE (EFFECTIVE 10/1/2016) This Policy is intended to assist regular full-time employees by providing six (6) weeks paid leave associated with the birth (delivery) of an employee's own child. This paid leave will begin on the first day that the employee begins their leave. A. Eligibility. The Town provides a paid maternity leave benefit to qualifying full time employees. To be eligible, an employee must meet the minimum eligibility requirements for leave under the Family Medical Leave Act (the "FMLA"); namely, the employee must have been employed with the Town for at least one year and worked at least 1250 hours with the Town over the previous 12 months. Employees may be asked to provide appropriate verification and documentation in connection with any application for benefits under this Paid Maternity Leave Policy. B. Amount of Leave. 1. An employee who is eligible for leave under the Paid Maternity Leave Policy may take up to six (6) weeks of paid leave during which the employee will receive 100% salary continuation. 2. The leave taken pursuant to this policy will be designated as FMLA leave if the employee is eligible for FMLA leave such that the employee's maternity leave and FMLA leave will run concurrently. (See FMLA 504.00) 3. After the six (6) weeks of Paid Maternity Leave has been exhausted, employee may use their accrued benefits balances to cover any additional time off. Leave will be used in the following order; Sick, Comp Time, Personal Leave, Vacation until time is exhausted, employee returns to work or moves into an unpaid status. C. Benefits During Leave. 1. For the duration of the leave, coverage under the Town's health, dental, vision, life and disability insurance plans will be maintained at the same level and under the same conditions as if the employee had continued to work. The employee must pay the usual employee share of the premium through payroll deduction. If any part of the employee's leave is unpaid, employee may pay any back premiums through payroll deduction when the employee returns to work. If the employee does not return to work, employee will be required to provide payment to the Town for any insurance premiums owed. 2. Employee will continue to accrue Vacation and Sick Leave during any paid portion of the leave. If any portion of the leave will be unpaid, see Policy 503.00 Unpaid Leave. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Town Uouncil Hage 96 of 98 Meeting Date: October 2b, 201 3. If the employee has selected Short Term Disability coverage, they will not be eligible to receive any payment under this benefit as this benefit only covers a vaginal delivery for six (6) weeks and a C-section for eight (8) weeks. This policy provides paid leave at 100% for six (weeks) and there would be a 14 day waiting period that would be applied to the C-section, therefore, the employee would not qualify for any payment under Short Term Disability for this event. D. Procedure for Requesting Leave. In the event you require leave under this Policy, contact Human Resources as soon as possible for additional details and to provide any required information. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Town Uouncil Fage 97 of 98 Meeting Date: October 2b, 201 Town of Trophy Club Trophy phy Municipal Drive Club, Texas 76262 Legislation Details (With Text) File #: 2016-626-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 10/17/2016 In control: Town Council On agenda: 10/25/2016 Final action: Title: Consider and take appropriate action regarding the Executive Session. Attachments: Date Ver. Action By Action Result Consider and take appropriate action regarding the Executive Session. Agenda Item No. 15 Town Council Page 98 of 98 Meeting Date: October 25, 2016