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10.25.2021- Complete Agenda Packet
TOWN OF TROPHY CLUB October 25, 2021 Town of Trophy Club Meeting Agenda Packet Town Council 7:00 PM CALL TO ORDER AND ANNOUNCE A QUORUM - Mayor Fleury 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chambers INVOCATION led by Pastor Bill Eason, Fellowship United Methodist Church PLEDGES led by Mayor Fleury Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. ANNOUNCEMENTS AND REPORTS 1. Presentation of "Tarrant County 2020 Coronavirus Pandemic Historical Book" to the Town of Trophy Club by Tarrant County Clerk Mary Louise Nicholson. (Mayor Fleury) 2. Business Spotlight — Club Pilates Trophy Club. (Mayor Fleury) 3. Recognition of Karl Monger as the recipient of Congressman Burgess' 26th Congressional District Veteran Commendation. (Mayor Fleury) 4. Update on Early Voting by personal appearance throughout October 29, 2021 and Election Day on Tuesday, November 2, 2021. (W. Carroll) 5. Veteran's Day Event Update. (W. Carroll) 6. Halloween Tips Update. (W. Carroll) PROCLAMATION(S) 7. Issuance of Proclamation 2021-30 proclaiming Veteran's Day in Trophy Club. (Mayor Fleury) CONSENT AGENDA 8. Take appropriate action to approve the Regular Town Council Meeting Minutes of October 11, 2021. (L. Vacek) 9. Take appropriate action on Resolution 2021-14 Appointing Brown and Hofineister, LLP as Town Prosecutors for the Trophy Club Municipal Court. (W. Carroll) 10. Take appropriate action to approve Resolution 2021-15 approving the Texas Term Sheet and its Intrastate Allocation Schedule opting -in to the Opioid Settlement. (W. Carroll) 11. Take appropriate action to authorize the approval of Purchases for various Departments exceeding $25,000. (M. Erwin) INDIVIDUAL ITEMS 12. Case PD-21-002 (Beck Townhomes) a) Conduct a Public Hearing regarding a request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD -Code Manufactured Home and Industrialized Housing District to a PD, Planned Development District to construct 36 Townhomes. (D. Jones and M. Cox) b) Take appropriate action to approve Ordinance 2021-25 for the request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD -Code Manufactured Home and Industrialized Housing District to a PD, Planned Development District to construct 36 Townhomes. (D. Jones and M. Cox) 13. Take appropriate action adopting Ordinance 2021-24 regarding the Municipal Utility District No. 1's amendment to increase fees for customers within the boundaries of the Public Improvement District No.1 (The Highlands). (M. Erwin) 14. Take appropriate action on the Drug Program Funding request of approximately $50,000 from the original $200,000 earmarked for drug enforcement for the purchase of new radios for the Police Department. (P. Arata) 15. Future Agenda Items List. (W. Carroll) PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made to the Council. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the 2 Speaker's Form or you may also email mayorandcouncil@trophyclub.org ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, October 22, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Sharon David Assistant to Town Governance Officer/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 682-237-2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Proclamation 2021-30 ToWn of Tropbp Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL SUPPORTING NOVEMBER 11, 2021 AS VETERANS DAY IN TROPHY CLUB; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has long been our custom to commemorate November 11, the anniversary of the ending of World War I, by paying tribute to the heroes of that tragic struggle and by rededicating ourselves to the cause of peace; and WHEREAS, in the intervening years the United States has been involved in many other great military conflicts, which have added millions of veterans living and dead to the honor rolls of this Nation; and WHEREAS, the Town of Trophy Club is proud that nearly eight percent of our residents served in the United States military, from World War II to the present day Global War on Terror; and WHEREAS, veterans continue to serve our community through leadership positions on Town Council, in the Town staff, are employed by organizations serving veterans including the Veterans Administration healthcare system and volunteer with the Metroport Veterans Association, Trophy Club Women's Club, Trophy Club Rotary and GallentFew; and WHEREAS, the Congress passed a concurrent resolution on June 4, 1928 (44 Stat. 1962), calling for the observance of November 11 with appropriate ceremonies, and later provided in an act approved May 13, 1938 (52 Stat. 351), that the eleventh of November should be a legal holiday and should be known as Armistice Day; and WHEREAS, in order to expand the significance of that commemoration and in order that a grateful nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation, the Congress, by an act approved June 1, 1954 (68 Stat. 168), changed the name of the holiday to Veterans Day. NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL, DO HEREBY PROCLAIM: NOVEMBER 11, 2021 AS VETERANS DAY Section 1. On this day let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us reconsecrate ourselves to the task of promoting and enduring peace so that their efforts shall not have been in vain. PASSED AND APPROVED by the Trophy Club Town Council this 25th day of October 2021. Leticia Vacek, TRMC, CMC, MMC Alicia L. Fleury, Mayor Town Governance Officer 2 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES Monday, October 11, 2021; 7 PM The Trophy Club Town Council met in a Regular Meeting on Monday, October 11, 2021. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager Leticia Vacek Town Governance Officer/Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Matt Cox Director of Community Development Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7:00 pm, noted a quorum present and that all five Council Members were present. INVOCATION Ordained Minister Gary Cochran, Trophy Club Fire Department, delivered the Invocation, praying for blessings over all present, for providing Trophy Club with the Mayor, Council, and Town Staff who are supportive and seek the welfare of the Community, for all First Responders who protect the Community, to challenge everyone to work and encourage each other through this meeting, make all united and provide the right decisions for all. PLEDGES Council Member Shoffner led the pledges to the American Flag and Texas Flag. PUBLIC COMMENTS Mayor Fleury asked if anyone had registered to speak. Town Governance Officer/Town Secretary Vacek confirmed 1 speaker had signed up for Public Comment. Ms. Jennifer Olsen, 340 Inverness Drive, shared her concerns regarding the Flock Safety System, including the violation of privacy for Trophy Club residents, as well as being intrusive to all. She stated this system is accessible to all Flock users throughout the country and violates the Civil Liberties Act. She also commented on the fact that no discussions were held at the recent National Night Out with the Police Department, with the system put in place the next day. She recommended a public meeting be held to acknowledge this system and receive resident input. ANNOUNCEMENTS AND REPORTS 1. Business Spotlight: Celebration of National Pizza Month — Marco's Pizza. (Mayor Fleury) Ms. Dakota Prince, General Manager, and Clayton Olman, Assistant Manager, shared details of Marco's Pizza. Ms. Prince stated she began as a Delivery Driver with Marco's and is now the General Manager. Their menu consists of delicious pizzas, including a gluten -free crust, pizza bowls, salads, subs and desserts. Their hours of operation include Sunday — Thursday, 11 am —10 pm, with weekends extending to 11 pm. Ms. Prince stated their involvement with NISD and local businesses continues to grow. Mayor Fleury congratulated Ms. Prince and Mr. Olman on their recent promotions with Marco's Pizza and thanked them for October 11, 2021 Page 1 of 5 their dedication and involvement within the Trophy Club Community and NISD Schools. Marco's Pizza presented Council with 3 of their top ordered pizzas. 2. Update on Community Clean -Up —October 16, 2021. (W. Carroll) Town Manager Carroll announced the Community Clean Up would be held on October 16, 2021, from 8 am — 12 pm. He reported that Town Staff reviewed last year's feedback and moved the location to Byron Nelson High School, added 2 additional hours, from 8 am — 12 pm, and is currently working on a traffic route that would be published soon on the website. Mayor Fleury thanked Mr. Carroll and staff for listening to last year's comments and reminded citizens to review the website for a complete list of items that are accepted. Mr. Carroll stated that message boards and preparation for the event would be done the night before the event. Mr. Carroll added that the Trophy Club Fire Department would be handing out candy on October 31, 2021, along with red glow necklaces, and the Trophy Club Police Department would be distributing blue glow necklaces and we would see which department has the most followers. 3. Update on 2021 Fright Lights Contest. (W. Carroll) Mr. Carroll reported the Fright Lights Contest would be held from October 1, 2021 thru October 24, 2021. Residents may nominate their neighbors online on the Trophy Club website, with judging to include six categories: Best Decorated Pumpkin, Best Use of Animation, Creepiest Skeleton, Judges Favorite, Monster Mash and Scariest House to display their decorating skills. The Parks & Recreation Staff will judge the contest on October 25, 2021 from 6 PM — 10 pm and the winners would be announced on October 26, 2021. Mayor Fleury announced the Fire Department would be hosting an Open House on Saturday, October 16, 2021, from 10 am — 2 pm. Council Member Monger reminded everyone as the evening hours change, the importance of wearing reflective clothing while out walking/jogging. Mayor Fleury added the importance of being careful and paying attention to the flashing crosswalks. PROCLAMATION(5) 4. Issuance and approval of Proclamation 2021-26 proclaiming Fire Prevention Month. (Mayor Fleury) Mayor Fleury read and moved to approve Proclamation 2021-26. Council MemberSheridan seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoff ner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None 5. Issuance and approval of Proclamation 2021-27 proclaiming National Bullying Prevention Month. (Mayor Fleury) Mayor Fleury read and moved to approve Proclamation 2021-27. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None 6. Issuance and approval of Proclamation 2021-28 proclaiming National Domestic Violence Awareness Month. (Mayor Fleury) Mayor Fleury read and moved to approve Proclamation 2021-28. Council Member Sheridan seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoff ner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None Mayor Fleury stated Proclamation 2021-28 would be mailed to the Denton County Friends of the Family Organization. 7. Issuance and approval of Proclamation 2021-29 proclaiming First Responders' Day. (Mayor Fleury) October 11, 2021 6 Page 2 of 5 Council Member Monger read Proclamation 2021-29 into the record. Council Member Sheridan moved to approve Proclamation 2021-29. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT:None Mayor Fleury presented Proclamation 2021-26 and Proclamation 2021-29 to Chief Taylor and Deputy Chief Fire Marshal Cochran and thanked them for their service to the Community. CONSENT AGENDA Council Member Sheridan recommended Item #9 be removed and placed under Individual Items. 8. Take appropriate action to approve the Regular Town Council Meeting Minutes of September 27, 2021. (L. Vacek) 10. Take appropriate action to approve the purchase of a new 2022 Ford Utility Interceptor Hybrid Police Vehicle in an amount not to exceed $37,630.95 (P. Arata) Mayor Pro Tern Lamont made a motion to approve Consent Agenda Items #8 and #10. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoffner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None INDVIDIUAL ITEMS 9. Take appropriate action to approve Ordinance 2021-23 amending Section 1.05.006(a) expanding the membership of the Ethics Review Commission from 3 Regular Members to 5 Regular Members and 2 Alternate Members for a total of 7 Members to serve on the Ethics Review Commission and amending subsection (f) providing for a quorum of 4 Commission Members. (L. Vacek) Council Member Sheridan stated his reason for moving this item to Individual was due to no staff report or back-up documentation. Mr. Carroll shared that in the past, staff reports had not been included for Council requested items but will submit staff reports for all future Council items. Mayor Pro Tern Lamont reported that the Subcommittee recommended expanding the Ethics Review Commission to 5 Members to keep the membership consistent with the other Boards. He recommended questions directed to Staff be submitted in advance versus the Dais. Council Member Sheridan remarked on keeping things transparent for all citizens. Mayor Pro Tern Lamont commented on the importance of giving Staff the opportunity to prepare for any questions presented at the Dais. Mr. Carroll mentioned that Council Member Sheridan had called prior to the Council Meeting this evening to discuss the lack of a staff report for this item. Mayor Pro Tern Lamont made a motion to approve Ordinance 2021-23 amending Section 1.05.006(a) expanding the membership for the Ethics Review Commission from 3 Regular Members to 5 Regular Members and 2 Alternate Members for a total of 7 Members to serve on the Ethics Review Commission and amending subsection (f) providing for a quorum of 4 Commission Members. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Mayor Pro Tern Lamont, Mayor Fleury NAY: Shoffner ABSENT: None 11. Future Agenda Items List. (W. Carroll) Mr. Carroll presented the Future Agenda Items List and reported a meeting had been scheduled with a landscape architect this week to walk all entrances, with bids due sometime in December/January and bring back to Council for approval. Mr. 7 October 11, 2021 Page 3 of 5 Carroll recommended with the election of 2 new council members coming on board in November 2021 and attending the upcoming TML New Council Member Orientation, along with the holidays approaching, keeping the annual retreat in January 2021, that will include revisiting the mission vision and strategic management aspect of the next few years. A date would be set for the retreat once the 2 new Council Members were in place. He reported that discussions with a landscape architect were in motion regarding modifying the existing Veteran's Memorial Park and is working with a group of Veterans that include Council Members Monger and Sheridan, Mr. Jim Parrow, and Mr. Jaramillo and that pricing and renderings would be forthcoming. Council Member Monger reported the reason behind the project was due to a lack of space force to include the branches of services, and relocation of the POW MIA Memorial. Mr. Carroll also added that Mr. Jaramillo is working with the Parks staff to add cut-thru sidewalks and a handicap accessible ramp. Council Member Monger shared there should not be any overnight parking spaces available, as the parking should be designated for Veteran's Memorial Park visitors. Mr. Carroll also reported the re-evaluation of the total fiduciary need for the Police Department's Drug Enforcement was on schedule to be presented at the October 25, 2021 Town Council Meeting, and recently received good news at the TML Conference that $29,000 would be given to Trophy Club through a Fentanyl seizure that would help offset any costs related to the drug enforcement programs. He stated the Street Maintenance and CCPD Sales Tax were on target to be included in the May 2022 Election. No additional items were added at this time. EXECUTIVE SESSION Mayor Fleury recessed the meeting into Executive Session at 7:40 PM pursuant to the following sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act). 12. Executive Session pursuant to the following section of the Texas Government Code Annotated, Chapter 551 (Texas Open Meetings Act) Section 551.074 Personnel Matters — Discussion and possible action on interviews conducted for the Ethics Review Commission and designation of Chairs for various boards. (Mayor Fleury, Mayor Pro Tern Lamont, and Council Member Monger) RECONVENE INTO REGULAR SESSION Mayor Fleury reconvened the meeting in Regular Session at 7:50 pm. 13. Take appropriate action on the Executive Session: (a) Resolution 2021-13 repealing section (e) Ethics Review Commission of Resolution 2021-12; Appointing/Re- Affirming members; and Designating Chairs for the Boards and Commissions. Mayor Pro Tem Lamont made a motion to approve Resolution 2021-13 repealing section (e) Ethics Review Commission of Resolution 2021- 12 to appoint 7 members to the Ethics Review Commission as follows: ETHICS REVIEW COMMISSION: 1) Lorrie Branson 5) Richard Ryan 2) Dana Kizer 6) Andrew Borgan 3) Marc Carlozzi 7) Julie Strum 4) James Isherwood Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoff ner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None Mayor Pro Tern Lamont made a motion to appoint and reaffirm designating Chairs for the Boards and Commissions as authorized and a Vice Chairperson for Planning & Zoning Commission as follows: ANIMAL SHELTER BOARD - Susan Edstrom BUILDING STANDARDS COMMISSION — Nick Sanders October 11, 2021 Page 4 of 5 CRIME CONTROL & PREVENTION DISTRICT — the Board will appoint a Chairperson EDC 4B—the Commission will appoint a Chairperson ETHICS REVIEW COMMISSION —the Commission will appoint a Chairperson PARKS & RECREATION COMMITTEE — Dean Murray PLANNING & ZONING COMMISSION — Chair: Rhylan Rowe; Vice Chairperson: Michael Briggs TAX INCREMENT REINVESTMENT ZONE No.1 - Travis Inge ZONING BOARD OF ADJUSTMENT— Nick Sanders Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Monger, Shoff ner, Mayor Pro Tern Lamont, Mayor Fleury NAY: None ABSENT: None Mayor Fleury thanked Marco's Pizza for the delicious pizza shared with Council. The meeting adjourned at 7:52 pm. ADJOURNMENT Mayor Fleury adjourned the meeting at 7:52 pm. Alicia L. Fleury, Mayor ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Governance Officer 9 October 11, 2021 Page 5 of 5 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Leticia Vacek, Town Governance Officer Re: Appointment of Prosecutor for Trophy Club Municipal Court October 25, 2021 Agenda Item: Take appropriate action on Resolution 2021-14 appointing Brown and Hofineister, LLP as Town Prosecutors for the Trophy Club Municipal Court. Strategic Link: Infrastructure & Development: Collaborate effectively with other governmental entities Background and Explanation: On October 11, 2021, the Town of Trophy Club entered into an Interlocal Agreement with the City of Roanoke for the administration of our municipal court. In the agreement, the Town agreed to allow the Roanoke Municipal Judge and their contracted prosecutors to try any Trophy Club case administered through our Trophy Club Municipal Court. Attorneys from Brown and Hofineister, LLP are contracted with the City of Roanoke for prosecution services. Roanoke is paying for Trophy Club Municipal Court prosecution services out of their percentage of revenues generated from the administration of our court and therefore there is no cost to the Town outside of the previously negotiated ILA. Judge Ransleben will remain as Trophy Club's Municipal Judge and David Dodd will remain as Trophy Club's Prosecutor as a safeguard in the event that the ILA with Roanoke is not a successful endeavor and the Town needs to re-establish these services quickly. Financial Considerations: Not Applicable Legal Review: Town Attorney David Dodd created Resolution 2021-14 for prosecution. Board/Commission/ or Committee Recommendation: Not applicable 10 Page 1 of 2 Staff Recommendation: Staff recommends the approval of Resolution 2021-14 appointing Brown and Hofineister, LLP as Town Prosecutors for the Trophy Club Municipal Court. Attachments: • Resolution 2021-14 Town Council Approval: Mayor Alicia L. Fleury or designee 11 Page 2of2 TOWN OF TROPHY CLUB RESOLUTION NO. 2021-14 A RESOLUTION OF THE TROPHY CLUB TOWN COUNCIL APPOINTING BROWN & HOFMEISTER LLP, AS THE TOWN PROSECUTORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Trophy Club Town Council entered into an agreement with Roanoke for the operation of court services that required the Roanoke prosecutor to prosecute the Trophy Club cases under the agreement; and WHEREAS, state law requires the governing body of the municipality to appoint the prosecutor for a municipal court. NOW, THEREFORE, BE IT RESOLVED BY THE TROPHY CLUB TOWN COUNCIL: Section 1. The Trophy Club Town Council hereby appoints Brown & Hofineister, LLP, as the Town's Prosecutors to prosecute the cases pursuant to the interlocal agreement with the City of Roanoke approved by the Trophy Club Town Council on September 27, 2021. Pursuant to the agreement, Trophy Club shall not be responsible for compensating the prosecutors. Section 2. This Resolution shall become effective from and after the date of passage in accordance with law. PASSED AND APPROVED by the Trophy Club Town Council this 25t" day of October 2021. ATTEST: Leticia Vacek, TRMC, CMC, MMC Town Governance Officer 12 Alicia L. Fleury, Mayor APPROVED AS TO FORM J. David Dodd III, Town Attorney TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Wade L. Carroll, Town Manager CC: Leticia Vacek, Town Secretary Mike Erwin, Finance Manager Re: Resolution for Subdivision Settlement Participation of Proposed Opioid Settlement Town Council Meeting, October 25, 2021 Agenda Item: Take appropriate action to approve Resolution 2021-15 approving the Texas Term Sheet and its Intrastate Allocation Schedule opting -in to the Opioid Settlement. Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations. Background and Explanation: Texas, along with a broad coalition of states and subdivisions, has reached final agreements with four companies to resolve legal claims against for their role in the opioid crisis. One of these agreements is with opioid manufacturer Johnson & Johnson. The other is three major pharmaceutical distributors: AmerisourceBergen, Cardinal Health, and McKesson. The two agreements provide for $26 billion in payments over 18 years, with $23.9 billion available for opioid abatement and significant amounts front loaded. Funding will be distributed to states according to the allocation agreement reached among the Attorneys General. Subdivisions can only participate in the agreement if their state participates. Texas' combined share is almost $1.5 billion: $1.17 billion from the distributors and $268 million from J&J. Distribution within Texas is handled through an intrastate agreement between the state and litigating subdivisions. The funding must be used to support any of a wide variety of strategies to fight the opioid crisis. Now that the State of Texas has agreed to participate, more subdivisions including counties and municipalities can join and the more money everyone in Texas will receive. Future opioid litigation may result in suspension and reduction of payments. Even without full resolution of claims, states and subdivisions can still receive substantial payments by resolving a significant portion of current and future claims. 13 Page 1 of 2 Both agreements both contain industry -changing injunctive terms. The distributors will be subject to more oversight and accountability, including an independent monitor, to prevent deliveries of opioids to pharmacies where diversion and misuse occur. They will be required to establish and fund an independent clearinghouse to track opioid distribution nationwide and fag suspicious orders. J&J will be prohibited from selling or promoting opioids. Financial Considerations: The TOWN is projected to receive $29,370 which will be used according to Exhibit E List of Opioid Remediation Uses until depleted. Legal Review: The Town Attorney has reviewed the resolution and it is ready for the packet. Board/Commission/ or Committee Recommendation: None applicable. Staff Recommendation: Staff recommends approval of Resolution No. 2021-15 as presented. Attachments: Resolution No. 2021-15 Town Council Approval: Mayor Alicia L. Fleury or designee 14 Page 2of2 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2021-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS SUPPORTING THE ADOPTION AND APPROVAL OF THE STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TOWN OF TROPHY CLUB, TEXAS obtained information indicating that certain drug companies andtheir corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and/or reckless marketing and/or distribution of opioids that have resulted in addictions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs to the County; and WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit "A"; and WHEREAS, Special Counsel and the State of Texas have recommended that the TOWN OF TROPHY CLUB, TEXAS TOWN COUNCIL support the adoption and approval the Texas Term Sheet in its entirety. NOW, THEREFORE, BE IT RESOLVED that we, the Council Members of TROPHY CLUB]: 1. Support the adoption and approval the Texas Term Sheet in its entirety; and 2. Finds as follows: 15 1 a. There is a substantial need for repayment of opioid-related expenditures andpayment to abate opioid-related harms in and about TROPHY CLUB; and b. The Town Council supports in its entirety and hereby adopts the allocation method for opioid settlement proceeds as set forth in the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET, attached hereto as Exhibit A. The Town Council understandsthat the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants as defined therein. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating theopioid epidemic in this County and throughout Texas. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 251" day of October 2021. Alicia L. Fleury, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] APPROVED TO AS FORM: Leticia Vacek, Town Secretary J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas 16 N SUMMARY OF PROPOSED OPIOID SETTLEMENTS BACKGROUND Texas, along with a broad coalition of states and subdivisions, has reached final agreements with four companies to resolve legal claims against for their role in the opioid crisis. One agreement is with opioid manufacturer Johnson & Johnson. The other is three major pharmaceutical distributors: AmerisourceBergen, Cardinal Health, and McKesson. FINANCIAL TERMS The two agreements provide for $26 billion in payments over 18 years, with $23.9 billion available for opioid abatement and significant amounts front loaded. Funding will be distributed to states according to the allocation agreement reached among the Attorneys General. Subdivisions can only participate in the agreement if their state participates. Texas' combined share is almost $1.5 billion: $1.17 billion from the distributors and $268 million from J&J. Distribution within Texas is handled through an intrastate agreement between the state and litigating subdivisions. The funding must be used to support any of a wide variety of strategies to fight the opioid crisis. Separate provisions exist to compensate attorneys who have pursued opioid litigation on behalf of states and local governments. Once the state agrees to participate, then the more subdivisions that join, the more money everyone in Texas will receive. Future opioid litigation may result in suspension and reduction of 17 � tf1 s e. A payments. Even without full resolution of claims, states and subdivisions can still receive substantial payments by resolving a significant portion of current and future claims. INJUNCTIVE TERMS Both agreements both contain industry -changing injunctive terms. The distributors will be subject to more oversight and accountability, including an independent monitor, to prevent deliveries of opioids to pharmacies where diversion and misuse occur. They will be required to establish and fund an independent clearinghouse to track opioid distribution nationwide and flag suspicious orders. J&J will be prohibited from selling or promoting opioids. HOW TO JOIN To adopt the settlement and allocation schedule, you need to: 1. sign the Subdivision Settlement Participation Form; 2. adopt the Texas Term Sheet and its intrastate allocation schedule; 3. return both to opioids@oag.texas.gov. . The deadline for states to sign on is August 21, 2o2i. Subdivisions in participating states then have through January 2, 2022, to join. FOR MORE INFORMATION, PLEASE VISIT: www.texasattorneygeneral.goy/globalopioidsettlement TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET WHEREAS, the people of the State of Texas and its communities have been harmed through the National and Statewide epidemic caused by licit and illicit opioid use and distribution within the State of Texas; and now, WHEREAS, the State of Texas, though its elected representatives and counsel, including the Honorable Ken Paxton, Attorney General of the State of Texas, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those entities in the supply chain accountable for the damage caused; and now, WHEREAS, the State of Texas, through its Attorney General and its Political Subdivisions, share a common desire to abate and alleviate the impacts of the epidemic throughout the State of Texas; and now, THEREFORE, the State of Texas and its Political Subdivisions, subject to completing formal documents effectuating the Parties' agreements, enter into this State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation and use of the proceeds of any Settlements as described. A. Definitions As used in this Texas Term Sheet: 1 1. "The State" shall mean the State of Texas acting through its Attorney General. 2. "Political Subdivision(s)" shall mean any Texas municipality and county. 3. "The Parties" shall mean the State of Texas, the Political Subdivisions, and the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in the 152d District Court of Harris County, Texas. 4. "Litigating Political Subdivision" means a Political Subdivision that filed suit in the state courts of the State of Texas prior to the Execution Date of this Agreement, whether or not such case was transferred to Texas Opioid MDL, or removed to federal court. 5. "National Fund" shall mean any national fund established for the benefit of the Texas Political Subdivisions. In no event shall any National Fund be used to create federal jurisdiction, equitable or otherwise, over the Texas Political Subdivisions or those similarly situated state -court litigants who are included in the state coalition, nor shall the National Fund require participating in a class action or signing a participation agreement as part of the criteria for participating in the National Fund. 6. "Negotiating Committee" shall mean a three -member group comprising four representatives for each of (1) the State; (2) the PSC; and (3) Texas' 19 2 Political Subdivisions (collectively, "Members"). The State shall be represented by the Texas Attorney General or his designees. The PSC shall be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan Downey, or their designees. Texas' Political Subdivisions shall be represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke (Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar County Judge), and Nathaniel Moran (Smith County Judge) or their designees. 7. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant that includes the State and Political Subdivisions. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this Texas Term Sheet. 8. "Approved Purpose(s)" shall mean those uses identified in Exhibit A hereto. 9. "Pharmaceutical Supply Chain" shall mean the process and channels through which opioids or opioids products are manufactured, marketed, promoted, distributed, or dispensed. 20 3 10. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. 11. "Texas Opioid Council" shall mean the Council described in Exhibit A hereto, which has the purpose of ensuring the funds recovered by Texas (through the joint actions of the Attorney General and the Texas Political Subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. B. Allocation of Settlement Proceeds 1. All Opioid Funds distributed in Texas shall be divided with 15% going to Political Subdivisions ("Subdivision Share"), 70% to the Texas Opioid Abatement Fund through the Texas Opioid Council (Texas Abatement Fund Share) identified and described on Exhibits A and C hereto, and 15% to the Office of the Texas Attorney General as Counsel for the State of Texas ("State Share"). Out of the Texas Opioid Abatement Fund, reasonable expenses up to 1 % shall be paid to the Texas Comptroller for the administration of the Texas Opioid Council pursuant to the Opioid 21 2 Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit A hereto. 2. The Subdivisions Share shall be allocated in accordance with the division of proceeds on Exhibit B hereto. 3. The Texas Abatement Fund Share shall be allocated to the Opioid Council to be apportioned in accordance with the guidelines of Exhibit A, and Exhibit C hereto. 4. In the event a Subdivision merges, dissolves, or ceases to exist, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably based on the composition of the successor Subdivision. If a Subdivision for any reason is excluded from a specific settlement, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably among the participating Subdivisions. 5. Funds obtained from parties unrelated to the Litigation, via grant, bequest, gift or the like, separate and distinct from the Litigation, may be directed to the Texas Opioid Council and disbursed as set forth below. 6. The Subdivision share shall be initially deposited and paid in cash directly to the Subdivision under the authority and guidance of the Texas MDL Court, who shall direct any Settlement funds to be held in trust in a 22 5 segregated account to benefit the Subdivisions and to be promptly distributed as set forth herein and in accordance with Exhibit B. 7. Nothing in this Texas Term Sheet should alter or change any Subdivision's rights to pursue its own claim. Rather, the intent of this Texas Term Sheet is to join all parties to disburse settlement proceeds from one or more defendants to all parties participating in that settlement within Texas. 8. Opioid Funds from the Texas Abatement Fund Share shall be directed to the Texas Opioid Council and used in accordance with the guidelines as set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be distributed to the Texas Opioid Council under the authority and guidance of the Texas MDL Court, consistent with Exhibits A and C, and the by- laws of the Texas Opioid Council documents and disbursed as set forth therein, including without limitation all abatement funds and the 1 % holdback for expenses. 9. The State of Texas and the Political Subdivisions understand and acknowledge that additional steps may need to be undertaken to assist the Texas Opioid Council in its mission, at a predictable level of funding, regardless of external factors. C. Payment of Counsel and Litigation Expenses 23 0 1. Any Master Settlement Agreement settlement will govern the payment of fees and litigation expenses to the Parties. The Parties agree to direct control of any Texas Political Subdivision fees and expenses to the "Texas Opioid Fee and Expense Fund," which shall be allocated and distributed by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018- 63587, in the 152nd District Court of Harris County, Texas, and with the intent to compensate all counsel for Texas Political Subdivisions who have not chosen to otherwise seek compensation for fees and expenses from any federal MDL common benefit fund. 2. The Parties agree that no portion of the State of Texas 15% allocation share from any settlement shall be administered through the National Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund, but shall be directed for payment to the State of Texas by the State of Texas. 3. The State of Texas and the Texas Political Subdivisions, and their respective attorneys, agree that all fees — whether contingent, hourly, fixed or otherwise — owed by the Texas Political Subdivisions shall be paid out of the National Fund or as otherwise provided for herein to the Texas Opioid Fee and Expense Fund to be distributed by the 152nd 24 7 District Court of Harris County, Texas pursuant to its past and future orders. 4. From any opioid-related settlements with McKesson, Cardinal Health, ABDC, and Johnson & Johnson, and for any future opioid-related settlements negotiated, in whole or in part, by the Negotiating Committee with any other Pharmaceutical Supply Chain Participant, the funds to be deposited in the Texas Opioid Fee and Expense Fund shall be 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of each payment (annual or otherwise) to the State of Texas for that settlement, plus expenses from the National Fund, and shall be sought by Texas Political Subdivision Counsel initially through the National Fund. The Texas Political Subdivisions' percentage share of fees and expenses from the National Fund shall be directed to the Texas Opioid Fee and Expense Fund in the Texas MDL, as soon as is practical, for allocation and distribution in accordance with the guidelines herein. 5. If the National Fund share to the Texas Political Subdivisions is insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, per subsection 4, immediately supra, or if payment from the National Fund is not received within 12 months after the date the 25 0 first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 12.5% of the Texas Political Subdivision Share to make up any difference. 6. If the National Fund and the Texas Political Subdivision share are insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 8.75% of the Abatement Fund Share to make up any difference. In no event shall the Texas Political Subdivision share exceed 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of any settlement, plus expenses from the National Fund. In the event that any payment is received from the National Fund such that the total amount in fees and expenses exceeds 9.3925%, the Texas Political Subdivisions shall return any amounts received greater than 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions to those respective Funds. 26 9 7. For each settlement utilizing a National Fund, the Texas Political Subdivisions need only make one attempt at seeking fees and expenses there. 8. The total amount of the Texas Opioid Fee and Expense Fund shall be reduced proportionally, according to the agreed upon allocation of the Texas Subdivision Fund, for any Texas litigating Political Subdivision that (1) fails to enter the settlement; and (2) was filed in Texas state court, and was transferred to the Texas MDL (or removed before or during transfer to the Texas MDL) as of the execution date of this Agreement. D. The Texas Opioid Council and Texas Abatement Fund The Texas Opioid Council and Texas Abatement Fund is described in detail at Exhibit A, incorporated herein by reference. E. Settlement Negotiations 1. The State and Negotiating Committee agree to inform each other in advance of any negotiations relating to a Texas -only settlement with a Pharmaceutical Supply Chain Participant that includes both the State and its Political Subdivisions and shall provide each other the opportunity to participate in all such negotiations. Any Texas -only Settlement agreed to with the State and Negotiating Committee shall be subject to the approval 27 10 of a majority of litigating Political Subdivisions. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants and to include the Negotiating Committee or designees. Neither this provision, nor any other, shall be construed to state or imply that either the State or the Negotiating Committee is unauthorized to engage in settlement negotiations with Pharmaceutical Supply Chain Participants without prior consent or contemporaneous participation of the other, or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather, while the State's and Negotiation Committee's efforts to achieve worthwhile settlements are to be collaborative, incremental stages need not be so. 2. Any Master Settlement Agreement (MSA) shall be subject to the approval and jurisdiction of the Texas MDL Court. 3. As this is a Texas -specific effort, the Committee shall be Chaired by the Attorney General. However, the Attorney General, or his designees, shall endeavor to coordinate any publicity or other efforts to speak publicly with the other Committee Members. 4. The State of Texas, the Texas MDL Plaintiff's Steering Committee representatives, or the Political Subdivision representatives may withdraw 28 11 from coordinated Settlement discussions detailed in this Section upon 10 business days' written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section. 5. The obligations in this Section shall not affect any Party's right to proceed with trial or, within 30 days of the date upon which a trial involving that Party's claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case specific resolution with that particular Pharmaceutical Supply Chain Participant. F. Amendments The Parties agree to make such amendments as necessary to implement the intent of this agreement. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above Texas Term Sheet, including consideration based on comments solicited from Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the State and its Political Subdivisions to cooperate in exploring all possible means of resolution. Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require 29 12 acceptance by the State of Texas and a majority of the Litigating Political Subdivisions. We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Texas. 30 13 Executed this 13 day of May, 2020. FOR THE STATE OF TEXAS: KENNETH PAXTON, JR. ATTORNEY GENERAL FOR THE SUBDIVISIONS AND TEXAS MDL PSC: MIKAL WATTS WATTS GUERRA LLP 0, 111,4 1Y N SIMON GItEENSTONE PANA'IZER, PC : sas 31 EXHIBIT A 32 Opioid Abatement Fund (Texas) Settlement Opioid Council As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid Council (Council) to establish the framework that ensures the funds recovered by Texas (through the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. I. Structure The Council will be responsible for the processes and procedures governing the spending of the funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained through settlement and/or litigation of the claims asserted by the State and its subdivisions in the investigations and litigation related to the manufacturing, marketing, distribution, and sale of opioids and related pharmaceuticals. Money paid into the abatement fund will be held by an independent administrator, who shall be responsible for the ministerial task of releasing funds solely as authorized below by the Council, and accounting for all payments to and from the fund. The Council will be formed when a court of competent jurisdiction enters an order settling the matter, including any order of a bankruptcy court. The Council's members must be appointed within sixty (60) days of the date the order is entered. 1/-in, .- a Is e The Council shall be comprised of the following thirteen (13) members: 1. Statewide Members. Six members appointed by the Governor and Attorney General to represent the State's interest in opioid abatement. The statewide members are appointed as follows: a. The Governor shall appoint three (3) members who are licensed health professionals with significant experience in opioid interventions; b. The Attorney General shall appoint three (3) members who are licensed professionals with significant experience in opioid incidences; and c. The Governor will appoint the Chair of the Council as a non -voting member. The Chair may only cast a vote in the event there is a tie of the membership. 2. Regional Members. Six (6) members appointed by the State's political subdivisions to represent their designated Texas Health and Human Services Commission "HHSC" Regional Healthcare 33 1 Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the Council. The regional appointees must be from either academia or the medical profession with significant experience in opioid interventions. The regional members are appointed as follows: a. One member representing Regions 9 and 10 (Dallas Ft -Worth); b. One member representing Region 3 (Houston); c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas); d. One member representing Regions 6, 7, 8, 16 (Austin -San Antonio); e. One member representing Regions 1, 2, 17, 18 (East Texas); and f. One member representing Regions 4, 5, 20 (South Texas). All members of the Council are appointed to serve staggered two-year terms, with the terms of members expiring February 1 of each year. A member may serve no more than two consecutive terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be filled for the unexpired term in the same manner as the original appointment. The Governor will appoint the Chair of the Council who will not vote on Council business unless there is a tie vote, and the subdivisions will appoint a Vice -Chair voting member from one of the regional members. C. Governance 1. Administration The Council is attached administratively to the Comptroller. The Council is an independent, quasi -governmental agency because it is responsible for the statewide distribution of the abatement settlement funds. The Council is exempt from the following statutes: a. Chapter 316 of the Government Code (Appropriations); b. Chapter 322 of the Government Code (Legislative Budget Board); c. Chapter 325 of the Government Code (Sunset); d. Chapter 783 of the Government Code (Uniform Grants and Contract Management); e. Chapter 2001 of the Government Code (Administrative Procedure); f. Chapter 2052 of the Government Code (State Agency Reports and Publications); g. Chapter 2261 of the Government Code (State Contracting Standards and Oversight); h. Chapter 2262 of the Government Code (Statewide Contract Management); 34 2 i. Chapter 262 of the Local Government Code (Purchasing and Contracting Authority of Counties); and j. Chapter 271 of the Local Government Code (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments). 2. Transparency The Council will abide by state laws relating to open meetings and public information, including Chapters 551 and 552 of the Texas Government Code. i. The Council shall hold at least four regular meetings each year. The Council may hold additional meetings on the request of the Chair or on the written request of three members of the council. All meetings shall be open to the public, and public notice of meetings shall be given as required by state law. ii. The Council may convene in a closed, non-public meeting: a. If the Commission must discuss: 1. Negotiation of contract awards; and 2. Matters specifically exempted from disclosure by federal and state statutes. b. All minutes and documents of a closed meeting shall remain under seal, subject to release only order of a court of competent jurisdiction. 3. Authority The Council does not have rulemaking authority. The terms of each Judgment, Master Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of the Council and the Council may not stray outside the bounds of the authority and power vested by such settlements. Should the Council require legal assistance in determining their authority, the Council may direct the executive director to seek legal advice from the Attorney General to clarify the issue. The independent administrator will set aside up to one (1) percent of the settlement funds for the administration of the Council for reasonable costs and expenses of operating the foregoing duties, including educational activities. 1. Executive Director The Comptroller will employ the executive director of the Council and other personnel as necessary to administer the duties of the Council and carry out the functions of the Council. The executive director must have at least 10 years of experience in government or public administration and is classified as a Director V/1330 under the State Auditor's State Classification. The Comptroller will pay the salaries of the Council employees from the 35 3 one (1) percent of the settlement funds set aside for the administration of the Council. The Comptroller will request funds from the Texas Abatement Fund Point of Contact. 2. Travel Reimbursement A person appointed to the Council is entitled to reimbursement for the travel expenses incurred in attending Council duties. A member of the Council may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accordance with travel rates set by the federal General Services Administration. II. Duties/Roles It is the duty of the Council to determine and approve the opioid abatement strategies and funding awards. The Council will develop the approved Texas list of abatement strategies based on but not limited to the existing national list of opioid abatement strategies (see attached Appendix A) for implementing the Texas Abatement Fund. 1. The Council shall only approve strategies which are evidence -informed strategies. 2. The Texas list of abatement strategies must be approved by majority vote. The majority vote must include a majority from both sides of the statewide members and regional members in order to be approved, e.g., at least four (4) of six (6) members on each side. The Council will determine a single point of contact called the Abatement Fund Point of Contact (POC) to be established as the sole entity authorized to receive requests for funds and approve expenditures in Texas and order the release of funds from the Texas Abatement Fund by the independent administrator. The POC may be an independent third parry selected by the Council with expertise in banking or financial management. The POC will manage the Opioid Council Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent administrator to release funds to the Account. The Account is outside the State Treasury and not managed by any state or local officials. The POC is responsible for payments to the qualified entities selected by the Council for abatement fund awards. The POC will submit a monthly financial statement on the Account to the Council. An independent auditor appointed by the Council will perform an audit on the Account on an annual basis and report its findings, if any, to the Council. 36 4 The Council is the sole decision -maker on the funding allocation process of the abatement funds. The Council will develop the application and award process based on the parameters outlined below. An entity seeking funds from the Council must apply for funds; no funds will be awarded without an application. The executive director and personnel may assist the Council in gathering and compiling the applications for consideration; however, the Council members are the sole decision -makers of awards and funding determination. The Council will use the following processes to award funds: 1. Statewide Funds. The Council will consider, adopt and approve the allocation methodology attached as Exhibit C, based upon population health data and prevalence of opioid incidences, at the Council's initial meeting. Adoption of such methodology will allow each Region to customize the approved abatement strategies to fit its communities' needs. The statewide regional funds will account for seventy-five (75) percent of the total overall funds, less the one (1) percent administrative expense described herein. 2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall funds, for targeted interventions in the specific Region as identified by opioid incidence data. The Council must approve on an annual basis the uses for the targeted abatement strategies and applications available to every Region, including education and outreach programs. Each Region without approved uses for the targeted funds from the Council, based upon a greater percentage of opioid incidents compared to its population, is subject to transfer of all or a portion of the targeted funds for that Region for uses based upon all Regions' targeted funding needs as approved by the Council on an annual basis. 3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an annual basis. If a Region lapses its funds, the funds will be reallocated based on all Regions' funding needs. The Council will establish an appeal process to permit the applicants for funding (state or subdivisions) to challenge decisions by the Council -designated point of contact on requests for funds or expenditures. 1. To challenge a decision by the designated point of contact, the State or a subdivision must file an appeal with the Council within thirty (30) days of the decision. The Council then has thirty (30) days to consider and rule on the appeal. 2. If the Council denies the appeal, the party may file an appeal with the state district court of record where the final opioid judgment or Master Settlement Agreement is filed. The Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings. The Council may request representation from the Attorney General in these proceedings. 37 5 In making its determination, the state district court shall apply the same clear error standards contained herein that the Council must follow when rendering its decision. 3. The state district court will make the final decision and the decision is not appealable. 4. Challenges will be limited and subject to penalty if abused. 5. Attorneys' fees and costs are not recoverable in these appeals. The Council may determine that a percentage of the funds in the Abatement Fund from the targeted funds be used to develop an education and outreach program to provide materials on the consequences of opioid drug use, prevention and interventions. Any material developed will include online resources and toolkits for communities. EXHIBIT B 39 Exhibit B: Municipal Area Allocations: 15% of Total ($150 million (County numbers refer to distribution to the county governments after payment to cities within county borders has been made. Minimum distribution to each county is $1000.) Municipal Area Allocation Municipal Area Allocation Abbott $688 Lakeport $463 Abernathy $110 Lakeside $4,474 Abilene $563,818 Lakeside City $222 Ackerly $21 Lakeview $427 Addison $58,094 Lakeway $31,657 Adrian $181 Lakewood Village $557 Agua Dulce $43 Lamar County $141,598 Alamo $22,121 Lamb County $50,681 Alamo Heights $28,198 Lamesa $29,656 Alba $3,196 Lampasas $28,211 Albany $180 Lampasas County $42,818 Aledo $331 Lancaster $90,653 Alice $71,291 Laredo $763,174 Allen $315,081 Latexo $124 Alma $1,107 Lavaca County $45,973 Alpine $29,686 Lavon $7,435 Alto $3,767 Lawn $58 Alton $11,540 League City $302,418 Alvarado $29,029 Leakey $256 Alvin $113,962 Leander $88,641 Alvord $358 Leary $797 Amarillo $987,661 Lee County $30,457 Ames $5,571 Lefors $159 Amherst $22 Leon County $67,393 Anahuac $542 Leon Valley $23,258 Anderson $19 Leona $883 Anderson County $268,763 Leonard $8,505 Andrews $18,983 Leroy $176 Andrews County $37,606 Levelland $46,848 Angelina County $229,956 Lewisville $382,094 Angleton $62,791 Lexington $2,318 Angus $331 Liberty $72,343 Anna $9,075 Liberty County $531,212 Annetta $5,956 Liberty Hill $2,780 Annetta North $34 Limestone County $135,684 (Table continues on multiple pages below) .O Annetta South $602 Lincoln Park $677 Annona $738 Lindale $24,202 Anson $5,134 Linden $3,661 Anthony $4,514 Lindsay $1,228 Anton $444 Lipan $44 Appleby $1,551 Lipscomb County $10,132 Aquilla $208 Little Elm $69,326 Aransas County $266,512 Little River -Academy $798 Aransas Pass $57,813 Littlefield $7,678 Archer City $10,554 Live Oak $32,740 Archer County $45,534 Live Oak County $39,716 Arcola $7,290 Liverpool $1,435 Argyle $11,406 Livingston $73,165 Arlington $735,803 Llano $23,121 Armstrong County $974 Llano County $115,647 Arp $2,009 Lockhart $49,050 Asherton $112 Lockney $3,301 Aspermont $9 Log Cabin $1,960 Atascosa County $176,903 Lometa $1,176 Athens $105,942 Lone Oak $1,705 Atlanta $30,995 Lone Star $8,283 Aubrey $15,141 Longview $482,254 Aurora $1,849 Loraine $188 Austin County $76,030 Lorena $3,390 Austin $4,877,716 Lorenzo $11,358 Austwell $109 Los Fresnos $11,185 Avery $138 Los Indios $159 Avinger $1,115 Los Ybanez $0 Azle $32,213 Lott $1,516 Bailey $950 Lovelady $249 Bailey County $15,377 Loving County $1,000 Bailey's Prairie $5,604 Lowry Crossing $783 Baird $2,802 Lubbock $319,867 Balch Springs $27,358 Lubbock County $1,379,719 Balcones Heights $23,811 Lucas $5,266 Ballinger $9,172 Lueders $508 Balmorhea $63 Lufkin $281,592 Bandera $2,893 Luling $29,421 Bandera County $86,815 Lumberton $36,609 Bangs $3,050 Lyford $3,071 41 Page 2 Bardwell $362 Lynn County $6,275 Barry $200 Lytle $7,223 Barstow $61 Mabank $19,443 Bartlett $3,374 Madison County $49,492 Bartonville $8,887 Madisonville $11,458 Bastrop $46,320 Magnolia $26,031 Bastrop County $343,960 Malakoff $12,614 Bay City $57,912 Malone $439 Baylor County $29,832 Manor $12,499 Bayou Vista $6,240 Mansfield $150,788 Bayside $242 Manvel $12,305 Baytown $216,066 Marble Falls $37,039 Bayview $41 Marfa $65 Beach City $12,505 Marietta $338 Bear Creek $906 Marion $275 Beasley $130 Marion County $54,728 Beaumont $683,010 Marlin $21,634 Beckville $1,247 Marquez $1,322 Bedford $94,314 Marshall $108,371 Bedias $3,475 Mart $928 Bee Cave $12,863 Martin County $10,862 Bee County $97,844 Martindale $2,437 Beeville $24,027 Mason $777 Bell County $650,748 Mason County $3,134 Bellaire $41,264 Matador $1,203 Bellevue $56 Matagorda County $135,239 Bellmead $14,487 Mathis $15,720 Bells $1,891 Maud $423 Bellville $7,488 Maverick County $115,919 Belton $72,680 Maypearl $986 Benavides $152 McAllen $364,424 Benbrook $43,919 McCamey $542 Benjamin $951 McGregor $9,155 Berryville $14,379 McKinney $450,383 Bertram $182 McLean $14 Beverly Hills $4,336 McLendon -Chisholm $411 Bevil Oaks $549 Mcculloch County $20,021 Bexar County $7,007,152 Mclennan County $529,641 Big Lake $547 Mcmullen County $1,000 Big Sandy $4,579 Meadow $1,121 42 Page 3 Big Spring $189,928 Meadowlakes $905 Big Wells $236 Meadows Place $18,148 Bishop $8,213 Medina County $48,355 Bishop Hills $323 Megargel $611 Blackwell $31 Melissa $15,381 Blanco $6,191 Melvin $345 Blanco County $49,223 Memphis $7,203 Blanket $147 Menard $991 Bloomburg $1,010 Menard County $14,717 Blooming Grove $352 Mercedes $21,441 Blossom $198 Meridian $3,546 Blue Mound $2,888 Merkel $10,117 Blue Ridge $1,345 Mertens $239 Blum $1,622 Mertzon $29 Boerne $45,576 Mesquite $310,709 Bogata $3,649 Mexia $21,096 Bonham $100,909 Miami $455 Bonney $2,510 Midland County $279,927 Booker $1,036 Midland $521,849 Borden County $1,000 Midlothian $95,799 Borger $69,680 Midway $78 Bosque County $71,073 Milam County $97,386 Bovina $173 Milano $904 Bowie $83,620 Mildred $286 Bowie County $233,190 Miles $93 Boyd $6,953 Milford $6,177 Brackettville $8 Miller's Cove $97 Brady $27,480 Millican $417 Brazoria $11,537 Mills County $19,931 Brazoria County $1,021,090 Millsap $34 Brazos Bend $462 Mineola $48,719 Brazos Country $902 Mineral Wells $92,061 Brazos County $342,087 Mingus $189 Breckenridge $23,976 Mission $124,768 Bremond $5,554 Missouri City $209,633 Brenham $54,750 Mitchell County $20,850 Brewster County $60,087 Mobeetie $52 Briarcliff $572 Mobile City $2,034 Briaroaks $57 Monahan $5,849 Bridge City $80,756 Mont Belvieu $19,669 43 Page 4 Bridgeport $33,301 Montague County $94,796 Briscoe County $977 Montgomery $1,884 Broaddus $31 Montgomery County $2,700,911 Bronte $99 Moody $828 Brooks County $20,710 Moore County $40,627 Brookshire $6,406 Moore Station $772 Brookside Village $1,110 Moran $50 Brown County $193,417 Morgan $605 Browndell $152 Morgan's Point $3,105 Brownfield $14,452 Morgan's Point Resort $8,024 Brownsboro $3,176 Morris County $53,328 Brownsville $425,057 Morton $167 Brownwood $166,572 Motley County $3,344 Bruceville-Eddy $1,692 Moulton $999 Bryan $246,897 Mount Calm $605 Bryson $1,228 Mount Enterprise $1,832 Buckholts $1,113 Mount Pleasant $65,684 Buda $10,784 Mount Vernon $6,049 Buffalo $11,866 Mountain City $1,548 Buffalo Gap $88 Muenster $4,656 Buffalo Springs $188 Muleshoe $4,910 Bullard $7,487 Mullin $384 Bulverde $14,436 Munday $2,047 Bunker Hill Village $472 Murchison $2,302 Burkburnett $37,844 Murphy $51,893 Burke $1,114 Mustang $7 Burleson County $70,244 Mustang Ridge $2,462 Burleson $151,779 Nacogdoches $205,992 Burnet $33,345 Nacogdoches County $198,583 Burnet County $189,829 Naples $4,224 Burton $937 Nash $7,999 Byers $77 Nassau Bay $11,247 Bynum $380 Natalia $625 Cactus $4,779 Navarro $334 Caddo Mills $43 Navarro County $103,513 Caldwell $18,245 Navasota $37,676 Caldwell County $86,413 Nazareth $124 Calhoun County $127,926 Nederland $44,585 Callahan County $12,894 Needville $10,341 Callisburg $101 Nevada $237 Page 5 Calvert $772 New Berlin $4 Cameron $11,091 New Boston $6,953 Cameron County $537,026 New Braunfels $307,313 Camp County $28,851 New Chapel Hill $288 Camp Wood $422 New Deal $338 Campbell $1,116 New Fairview $2,334 Canadian $1,090 New Home $9 Caney City $2,005 New Hope $1,024 Canton $56,734 New London $4,129 Canyon $26,251 New Summerfield $442 Carbon $620 New Waverly $2,562 Carl's Corner $48 Newark $520 Carmine $385 Newcastle $914 Carrizo Springs $1,671 Newton $6,102 Carrollton $310,255 Newton County $158,006 Carson County $29,493 Neylandville $163 Carthage $18,927 Niederwald $16 Cashion Community $322 Nixon $2,283 Cass County $93,155 Nocona $16,536 Castle Hills $12,780 Nolan County $50,262 Castro County $4,420 Nolanville $4,247 Castroville $4,525 Nome $391 Cedar Hill $70,127 Noonday $226 Cedar Park $185,567 Nordheim $697 Celeste $1,280 Normangee $6,192 Celina $18,283 North Cleveland $105 Center $58,838 North Richland Hills $146,419 Centerville $385 Northlake $8,905 Chambers County $153,188 Novice $76 Chandler $17,364 Nueces County $1,367,932 Channing $2 O'Brien $76 Charlotte $4,257 O'Donnell $27 Cherokee County $156,612 Oak Grove $2,769 Chester $1,174 Oak Leaf $612 Chico $2,928 Oak Point $9,011 Childress $37,916 Oak Ridge $358 Childress County $50,582 Oak Ridge North $33,512 Chillicothe $172 Oak Valley $7 China $522 Oakwood $148 China Grove $598 Ochiltree County $15,476 45 Page 6 Chireno $1,568 Odem $7,420 Christine $354 Odessa $559,163 Cibolo $13,690 Oglesby $29 Cisco $7,218 Old River-Winfree $21,653 Clarendon $114 Oldham County $10,318 Clarksville $20,891 Olmos Park $9,801 Clarksville City $54 Olney $6,088 Claude $26 Olton $1,197 Clay County $72,050 Omaha $4,185 Clear Lake Shores $6,682 Onalaska $31,654 Cleburne $228,184 Opdyke West $479 Cleveland $96,897 Orange $311,339 Clifton $9,939 Orange County $689,818 Clint $375 Orange Grove $1,677 Clute $51,350 Orchard $867 Clyde $17,287 Ore City $6,806 Coahoma $2,291 Overton $7,900 Cochran County $3,389 Ovilla $13,391 Cockrell Hill $512 Oyster Creek $9,633 Coffee City $1,087 Paducah $125 Coke County $5,522 Paint Rock $141 Coldspring $447 Palacios $14,036 Coleman $5,442 Palestine $178,009 Coleman County $4,164 Palisades $240 College Station $258,147 Palm Valley $1,918 Colleyville $46,049 Palmer $12,666 Collin County $1,266,721 Palmhurst $4,660 Collingsworth County $19,234 Palmview $7,577 Collinsville $1,831 Palo Pinto County $124,621 Colmesneil $2,211 Pampa $67,227 Colorado City $8,405 Panhandle $9,536 Colorado County $49,084 Panola County $80,699 Columbus $6,867 Panorama Village $1,292 Comal County $396,142 Pantego $12,898 Comanche $16,503 Paradise $52 Comanche County $50,964 Paris $201,180 Combes $1,710 Parker $10,307 Combine $1,892 Parker County $476,254 Commerce $33,869 Parmer County $15,866 Como $415 Pasadena $356,536 .e Page 7 Concho County $3,859 Pattison $1,148 Conroe $466,671 Patton Village $9,268 Converse $27,693 Payne Springs $1,770 Cooke County $200,451 Pearland $333,752 Cool $731 Pearsall $11,570 Coolidge $243 Pecan Gap $719 Cooper $362 Pecan Hill $229 Coppell $86,593 Pecos $7,622 Copper Canyon $489 Pecos County $46,997 Copperas Cove $133,492 Pelican Bay $1,199 Corinth $75,298 Penelope $415 Corpus Christi $1,812,707 Penitas $312 Corral City $143 Perryton $23,364 Corrigan $21,318 Petersburg $1,691 Corsicana $87,310 Petrolia $17 Coryell County $123,659 Petronila $5 Cottle County $875 Pflugerville $86,408 Cottonwood $289 Pharr $144,721 Cottonwood Shores $1,203 Pilot Point $11,613 Cotulla $1,251 Pine Forest $3,894 Coupland $266 Pine Island $3,141 Cove $387 Pinehurst $32,671 Covington $519 Pineland $4,138 Coyote Flats $1,472 Piney Point Village $15,738 Crandall $12,094 Pittsburg $20,526 Crane $10,599 Plains $129 Crane County $26,146 Plainview $60,298 Cranfills Gap $128 Plano $1,151,608 Crawford $383 Pleak $270 Creedmoor $16 Pleasant Valley $308 Cresson $1,086 Pleasanton $29,011 Crockett $23,403 Plum Grove $258 Crockett County $18,210 Point $1,519 Crosby County $18,388 Point Blank $355 Crosbyton $1,498 Point Comfort $447 Cross Plains $4,877 Point Venture $588 Cross Roads $244 Polk County $370,831 Cross Timber $542 Ponder $1,282 Crowell $6,335 Port Aransas $31,022 Crowley $22,345 Port Arthur $367,945 47 Page 8 Crystal City $19,412 Port Isabel $9,802 Cuero $24,689 Port Lavaca $11,752 Culberson County $789 Port Neches $38,849 Cumby $5,320 Portland $76,517 Cuney $606 Post $2,332 Cushing $1,120 Post Oak Bend City $1,034 Cut and Shoot $2,141 Poteet $6,767 DISH $19 Poth $3,974 Daingerfield $12,476 Potter County $371,701 Daisetta $5,370 Pottsboro $12,302 Dalhart $11,609 Powell $110 Dallam County $21,686 Poynor $1,180 Dallas County $8,538,291 Prairie View $7,600 Dallas $2,999,902 Premont $3,321 Dalworthington Gardens $6,060 Presidio $148 Danbury $4,231 Presidio County $787 Darrouzett $101 Primera $2,958 Dawson $600 Princeton $19,245 Dawson County $46,911 Progreso $8,072 Dayton $47,122 Progreso Lakes $39 Dayton Lakes $38 Prosper $22,770 De Kalb $1,035 Providence Village $508 De Leon $8,218 Putnam $14 De Witt County $68,895 Pyote $22 DeCordova $13,778 Quanah $207 DeSoto $72,400 Queen City $4,837 Deaf Smith County $34,532 Quinlan $7,304 Dean $141 Quintana $492 Decatur $56,669 Quitaque $8 Deer Park $49,388 Quitman $15,619 Del Rio $59,056 Rains County $53,190 Dell City $15 Ralls $3,967 Delta County $30,584 Rancho Viejo $3,836 Denison $210,426 Randall County $278,126 Denton $458,334 Ranger $12,186 Denton County $1,132,298 Rankin $1,613 Denver City $2,104 Ransom Canyon $930 Deport $42 Ravenna $685 Detroit $965 Raymondville $7,466 Devers $191 Reagan County $25,215 48 Page 9 Devine $4,354 Real County $5,073 Diboll $25,533 Red Lick $23 Dickens $71 Red Oak $26,843 Dickens County $1,873 Red River County $29,306 Dickinson $83,683 Redwater $1,058 Dilley $2,633 Reeves County $103,350 Dimmit County $33,294 Refugio $8,839 Dimmitt $1,012 Refugio County $46,216 Dodd City $1,211 Reklaw $1,136 Dodson $447 Reno $3,791 Domino $196 Reno $11,164 Donley County $22,370 Retreat $52 Donna $13,798 Rhome $12,285 Dorchester $231 Rice $1,972 Double Oak $4,765 Richardson $260,315 Douglassville $574 Richland $210 Dripping Springs $811 Richland Hills $24,438 Driscoll $39 Richland Springs $2,234 Dublin $14,478 Richmond $77,606 Dumas $26,229 Richwood $12,112 Duncanville $58,328 Riesel $1,118 Duval County $49,109 Rio Bravo $8,548 Eagle Lake $4,882 Rio Grande City $25,947 Eagle Pass $56,005 Rio Hondo $3,550 Early $14,838 Rio Vista $4,419 Earth $242 Rising Star $1,933 East Bernard $5,554 River Oaks $11,917 East Mountain $2,494 Riverside $858 East Tawakoni $2,723 Roanoke $275 Eastland $15,896 Roaring Springs $461 Eastland County $52,275 Robert Lee $85 Easton $329 Roberts County $547 Ector $1,108 Robertson County $44,642 Ector County $480,000 Robinson $18,002 Edcouch $4,101 Robstown $40,154 Eden $497 Roby $428 Edgecliff Village $2,232 Rochester $674 Edgewood $13,154 Rockdale $20,973 Edinburg $120,884 Rockport $54,253 Edmonson $136 Rocksprings $25 Page 16 Edna $ 18,194 Rockwall $ 114,308 Edom $2,149 Rockwall County $168,820 Edwards County $975 Rocky Mound $280 El Campo $31,700 Rogers $3,818 El Cenizo $621 Rollingwood $4,754 El Lago $5,604 Roma $16,629 El Paso $1,224,371 Roman Forest $8,610 El Paso County $2,592,121 Ropesville $2,122 Eldorado $50 Roscoe $778 Electra $15,716 Rose City $4,012 Elgin $26,284 Rose Hill Acres $2,311 Elkhart $301 Rosebud $1,489 Ellis County $315,372 Rosenberg $126,593 Elmendorf $746 Ross $147 Elsa $7,720 Rosser $549 Emhouse $83 Rotan $1,493 Emory $3,878 Round Mountain $454 Enchanted Oaks $1,299 Round Rock $475,992 Encinal $1,515 Round Top $140 Ennis $81,839 Rowlett $99,963 Erath County $102,616 Roxton $47 Escobares $40 Royse City $23,494 Estelline $909 Rule $800 Euless $92,824 Runaway Bay $6,931 Eureka $334 Runge $255 Eustace $2,089 Runnels County $33,831 Evant $2,068 Rusk $17,991 Everman $7,692 Rusk County $151,390 Fair Oaks Ranch $8,077 Sabinal $1,811 Fairchilds $81 Sabine County $46,479 Fairfield $1,245 Sachse $23,400 Fairview $32,245 Sadler $925 Falfurrias $2,221 Saginaw $31,973 Falls City $41 Salado $3,210 Falls County $34,522 San Angelo $536,509 Fannin County $131,653 San Antonio $4,365,416 Farmers Branch $94,532 San Augustine $25,182 Farmersville $10,532 San Augustine County $37,854 Farwell $343 San Benito $40,015 Fate $3,473 San Diego $11,771 50 Page 11 Fayette County $92,440 San Elizario $7,831 Fayetteville $391 San Felipe $1,498 Ferris $13,873 San Jacinto County $197,398 Fisher County $5,518 San Juan $28,845 Flatonia $5,661 San Leanna $36 Florence $3,949 San Marcos $325,688 Floresville $21,699 San Patricio $4,213 Flower Mound $215,256 San Patricio County $271,916 Floyd County $9,049 San Perlita $2,219 Floydada $6,357 San Saba $10,057 Foard County $5,764 San Saba County $17,562 Follett $212 Sanctuary $17 Forest Hill $26,132 Sandy Oaks $9,863 Forney $80,112 Sandy Point $1,637 Forsan $576 Sanford $308 Fort Bend County $1,506,719 Sanger $22,237 Fort Stockton $4,411 Sansom Park $223 Fort Worth $2,120,790 Santa Anna $329 Franklin $3,931 Santa Clara $87 Franklin County $25,783 Santa Fe $33,272 Frankston $274 Santa Rosa $2,138 Fredericksburg $56,486 Savoy $2,349 Freeport $72,973 Schertz $60,110 Freer $3,271 Schleicher County $5,695 Freestone County $50,495 Schulenburg $2,560 Friendswood $140,330 Scotland $148 Frio County $19,954 Scottsville $708 Friona $2,848 Scurry $1,110 Frisco $405,309 Scurry County $73,116 Fritch $4,548 Seabrook $30,270 Frost $321 Seadrift $991 Fruitvale $2,344 Seagoville $17,106 Fulshear $5,272 Seagraves $7,531 Fulton $1,602 Sealy $20,637 Gaines County $54,347 Seguin $376,538 Gainesville $153,980 Selma $22,429 Galena Park $13,093 Seminole $16,092 Gallatin $1,253 Seven Oaks $3,917 Galveston $488,187 Seven Points $7,452 Galveston County $1,124,093 Seymour $14,218 51 Page 12 Ganado $5,510 Shackelford County $1,288 Garden Ridge $11,351 Shady Shores $594 Garland $420,244 Shallowater $1,907 Garrett $2,510 Shamrock $4,328 Garrison $3,555 Shavano Park $3,178 Gary City $450 Shelby County $109,925 Garza County $8,944 Shenandoah $47,122 Gatesville $26,994 Shepherd $147 George West $6,207 Sherman $330,585 Georgetown $225,896 Sherman County $7,930 Gholson $1,505 Shiner $4,042 Giddings $12,674 Shoreacres $958 Gillespie County $63,191 Silsbee $66,442 Gilmer $33,951 Silverton $14 Gladewater $24,638 Simonton $1,906 Glasscock County $1,000 Sinton $23,658 Glen Rose $540 Skellytown $400 Glenn Heights $16,593 Slaton $154 Godley $3,115 Smiley $655 Goldsmith $677 Smith County $758,961 Goldthwaite $1,225 Smithville $17,009 Goliad $3,563 Smyer $300 Goliad County $34,660 Snook $1,422 Golinda $100 Snyder $9,018 Gonzales $14,882 Socorro $11,125 Gonzales County $33,230 Somerset $1,527 Goodlow $221 Somervell County $57,076 Goodrich $9,643 Somerville $3,806 Gordon $365 Sonora $7,337 Goree $749 Sour Lake $17,856 Gorman $3,107 South Houston $25,620 Graford $23 South Mountain $154 Graham $235,428 South Padre Island $30,629 Granbury $71,735 Southlake $70,846 Grand Prairie $445,439 Southmayd $7,096 Grand Saline $36,413 Southside Place $885 Grandfalls $65 Spearman $14,000 Grandview $6,600 Splendora $7,756 Granger $2,741 Spofford $7 Granite Shoals $11,834 Spring Valley Village $16,404 52 Page 15 Granjeno $43 Springlake $3 Grapeland $7,287 Springtown $14,244 Grapevine $129,195 Spur $427 Gray County $65,884 St. Hedwig $111 Grays Prairie $17 St. Jo $7,360 Grayson County $539,083 St. Paul $21 Greenville $203,112 Stafford $75,145 Gregg County $243,744 Stagecoach $3,036 Gregory $4,697 Stamford $398 Grey Forest $474 Stanton $3,838 Grimes County $94,878 Staples $19 Groesbeck $5,745 Star Harbor $151 Groom $965 Starr County $99,896 Groves $40,752 Stephens County $35,244 Groveton $8,827 Stephenville $83,472 Gruver $1,166 Sterling City $62 Guadalupe County $146,824 Sterling County $939 Gun Barrel City $36,302 Stinnett $4,097 Gunter $4,609 Stockdale $741 Gustine $34 Stonewall County $1,822 Hackberry $94 Stratford $8,378 Hale Center $6,042 Strawn $987 Hale County $79,150 Streetman $5 Hall County $8,933 Sudan $32 Hallettsville $6,895 Sugar Land $321,561 Hallsburg $272 Sullivan City $6,121 Hallsville $10,239 Sulphur Springs $124,603 Haltom City $71,800 Sun Valley $4 Hamilton $3,581 Sundown $2,592 Hamilton County $66,357 Sunnyvale $3,248 Hamlin $4,656 Sunray $2,571 Hansford County $16,416 Sunrise Beach Village $2,083 Happy $327 Sunset Valley $9,425 Hardeman County $15,219 Surfside Beach $6,530 Hardin $100 Sutton County $6,541 Hardin County $379,800 Sweeny $4,503 Harker Heights $113,681 Sweetwater $68,248 Harlingen $165,429 Swisher County $7,251 Harris County $14,966,202 Taft $5,861 Harrison County $185,910 Tahoka $430 53 Page 14 Hart $86 Talco $372 Hartley County $786 Talty $9,124 Haskell $10,829 Tarrant County $6,171,159 Haskell County $22,011 Tatum $972 Haslet $1,908 Taylor $57,945 Hawk Cove $674 Taylor County $351,078 Hawkins $7,932 Taylor Lake Village $412 Hawley $931 Taylor Landing $153 Hays $506 Teague $1,714 Hays County $529,489 Tehuacana $12 Hearne $16,824 Temple $280,747 Heath $28,751 Tenaha $4,718 Hebron $687 Terrell $148,706 Hedley $70 Terrell County $5,737 Hedwig Village $13,067 Terrell Hills $9,858 Helotes $15,790 Terry County $25,423 Hemphill $8,035 Texarkana $192,094 Hemphill County $14,394 Texas City $298,702 Hempstead $21,240 Texhoma $156 Henderson $59,966 Texline $865 Henderson County $327,965 The Colony $114,297 Henrietta $2,720 The Hills $1,004 Hereford $20,423 Thompsons $1,897 Hewitt $19,776 Thorndale $1,595 Hickory Creek $16,510 Thornton $270 Hico $5,534 Thorntonville $87 Hidalgo $26,621 Thrall $825 Hidalgo County $1,253,103 Three Rivers $4,669 Hideaway $922 Throckmorton $29 Higgins $43 Throckmorton County $5,695 Highland Haven $320 Tiki Island $2,178 Highland Park $43,383 Timbercreek Canyon $369 Highland Village $50,315 Timpson $12,642 Hill Country Village $6,485 Tioga $2,390 Hill County $127,477 Tira $185 Hillcrest $5,345 Titus County $70,611 Hillsboro $46,609 Toco $4 Hilshire Village $859 Todd Mission $1,680 Hitchcock $28,796 Tolar $2,369 Hockley County $46,407 Tom Bean $2,293 54 Page 15 Holiday Lakes $1,795 Tom Green County $282,427 Holland $77 Tomball $34,620 Holliday $5,910 Tool $14,787 Hollywood Park $9,424 Toyah $40 Hondo $115,288 Travis County $4,703,473 Honey Grove $7,196 Trent $63 Hood County $292,105 Trenton $3,089 Hooks $2,702 Trinidad $5,859 Hopkins County $149,518 Trinity $23,652 Horizon City $7,520 Trinity County $105,766 Horseshoe Bay $48,173 Trophy Club $29,370 Houston County $78,648 Troup $7,918 Houston $7,021,793 Troy $5,320 Howard County $89,330 Tulia $8,911 Howardwick $84 Turkey $737 Howe $9,177 Tuscola $138 Hubbard $3,635 Tye $1,766 Hudson $6,840 Tyler $723,829 Hudson Oaks $15,637 Tyler County $131,743 Hudspeth County $985 Uhland $1,545 Hughes Springs $4,442 Uncertain $185 Humble $73,952 Union Grove $994 Hunt County $309,851 Union Valley $666 Hunters Creek Village $14,708 Universal City $28,428 Huntington $8,792 University Park $50,833 Huntsville $80,373 Upshur County $128,300 Hurst $99,187 Upton County $8,499 Hutchins $9,551 Uvalde $18,439 Hutchinson County $74,630 Uvalde County $36,244 Hutto $38,346 Val Verde County $117,815 Huxley $738 Valentine $207 Idalou $1,999 Valley Mills $2,228 Impact $8 Valley View $1,824 Indian Lake $473 Van $6,206 Industry $604 Van Alstyne $43,749 Ingleside on the Bay $142 Van Horn $211 Ingleside $40,487 Van Zandt County $248,747 Ingram $5,243 Vega $974 Iola $3,164 Venus $9,792 Iowa Colony $4,090 Vernon $81,337 55 Page 16 Iowa Park $23,487 Victoria $84,598 Iraan $56 Victoria County $520,886 Iredell $216 Vidor $95,620 Irion County $9,105 Vinton $622 Irving $427,818 Volente $333 Italy $5,349 Von Ormy $513 Itasca $8,694 Waco $512,007 Ivanhoe $26 Waelder $3,427 Jacinto City $14,141 Wake Village $174 Jack County $14,799 Walker County $184,624 Jacksboro $23,254 Waller County $126,206 Jackson County $37,984 Waller $11,295 Jacksonville $80,179 Wallis $2,698 Jamaica Beach $4,913 Walnut Springs $183 Jarrell $2,423 Ward County $67,920 Jasper $78,422 Warren City $66 Jasper County $248,855 Washington County $83,727 Jayton $63 Waskom $5,346 Jeff Davis County $8,500 Watauga $33,216 Jefferson $11,194 Waxahachie $152,094 Jefferson County $756,614 Weatherford $207,872 Jersey Village $36,347 Webb County $505,304 Jewett $9,338 Webberville $1,280 Jim Hogg County $12,718 Webster $53,202 Jim Wells County $166,539 Weimar $5,830 Joaquin $810 Weinert $234 Johnson City $3,581 Weir $443 Johnson County $408,692 Wellington $9,111 Jolly $26 Wellman $383 Jones County $22,001 Wells $1,357 Jones Creek $5,078 Weslaco $73,949 Jonestown $6,419 West $3,522 Josephine $881 West Columbia $17,958 Joshua $20,619 West Lake Hills $17,056 Jourdanton $9,600 West Orange $42,452 Junction $4,825 West Tawakoni $6,995 Justin $8,575 West University Place $34,672 Karnes City $11,632 Westbrook $43 Karnes County $35,249 Westlake $41,540 Katy $52,467 Weston $266 56 Page 1 Kaufman $27,607 Weston Lakes $189 Kaufman County $353,047 Westover Hills $4,509 Keene $38,296 Westworth Village $7,842 Keller $79,189 Wharton $31,700 Kemah $28,325 Wharton County $72,887 Kemp $6,419 Wheeler $447 Kempner $330 Wheeler County $26,273 Kendall County $100,643 White Deer $1,273 Kendleton $13 White Oak $15,305 Kenedy $676 White Settlement $23,304 Kenedy County $1,000 Whiteface $155 Kenefick $416 Whitehouse $29,017 Kennard $132 Whitesboro $18,932 Kennedale $21,024 Whitewright $7,098 Kent County $939 Whitney $73 Kerens $1,924 Wichita County $552,371 Kermit $5,652 Wichita Falls $832,574 Kerr County $218,452 Wickett $87 Kerrville $190,357 Wilbarger County $55,124 Kilgore $105,583 Willacy County $24,581 Killeen $535,650 Williamson County $1,195,987 Kimble County $20,480 Willis $24,384 King County $1,000 Willow Park $26,737 Kingsville $20,083 Wills Point $43,765 Kinney County $2,142 Wilmer $426 Kirby $8,752 Wilson $12 Kirbyville $10,690 Wilson County $121,034 Kirvin $2 Wimberley $724 Kleberg County $124,109 Windcrest $12,908 Knollwood $1,160 Windom $1,087 Knox City $1,962 Windthorst $3,385 Knox County $11,730 Winfield $290 Kosse $2,468 Wink $120 Kountze $19,716 Winkler County $61,163 Kress $186 Winnsboro $28,791 Krugerville $1,508 Winona $319 Krum $9,661 Winters $6,229 Kurten $686 Wise County $289,074 Kyle $51,835 Wixon Valley $441 La Feria $10,381 Wolfe City $5,466 57 Page 16 La Grange $9,623 Wolfforth $4,022 La Grulla $1,708 Wood County $267,048 La Joya $8,457 Woodbranch $9,617 La Marque $98,930 Woodcreek $358 La Porte $91,532 Woodloch $1,012 La Salle County $14,975 Woodsboro $1,130 La Vernia $3,217 Woodson $122 La Villa $572 Woodville $20,340 La Ward $321 Woodway $25,713 LaCoste $159 Wortham $376 Lacy -Lakeview $11,599 Wylie $114,708 Ladonia $2,011 Yantis $2,072 Lago Vista $13,768 Yoakum County $34,924 Laguna Vista $3,689 Yoakum $20,210 Lake Bridgeport $232 Yorktown $5,447 Lake City $2,918 Young County $44,120 Lake Dallas $25,314 Zapata County $56,480 Lake Jackson $75,781 Zavala County $38,147 Lake Tanglewood $613 Zavalla $1,088 Lake Worth $20,051 Page 19 EXHIBIT C 59 Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs 70% of Total ($700 million) Health Care Region Allocation*: $693 million; Administrative Costs: $7 million Region Counties in Health Care Region Allocation Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains, Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $38,223,336 2 Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler $54,149,215 3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton $120,965,680 4 Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria $27,047,477 5 Cameron, Hidalgo, Starr, Willacy $17,619,875 6 Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall, Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala $68,228,047 7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691 8 Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson $24,220,521 9 Dallas, Kaufman $66,492,094 10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414 Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan, 11 Palo Pinto, Shackelford, Stephens, Stonewall, Taylor $9,509,818 Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza, 12 Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum $23,498,027 13 Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos, Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green $5,195,605 14 Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving, Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler $12,124,354 15 El Paso, Hudspeth $17,994,285 16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018 17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,042,947 18 Collin, Denton, Grayson, Rockwall $39,787,684 19 Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita, Wilbarjer, Young $12 20 Jim Hogg, Maverick, Webb, Zapata $6,755,656 Administrative Costs $7,000,000 * Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A. FXHIRIT K Settlement Participation Form Governmental Entity: Town of TROPHY CLUB State: TEXAS Authorized Official: Mayor Alicia Fleury Address 1: 1 Trophy Wood Dr Address 2: City, State, Zip: Trophy Club, TX 76262 Phone: 682-237-2900 Email: mayor rop yc u .org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ("Janssen Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, iluding but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: Mayor Alicia Fleury Title: Mayor Date: October 25, 2021 IN EX14TRIT K Subdivision Settlement Participation Form Governmental Entity: Towwn of TROPHY CLUB State: TEXAS Authorized Official: Mayor Alicia Fleury Address 1: 1 Trophy Wood Dr Address 2: City, State, Zip: Trophy Club, Tx 76262 Phone: 682-237-2900 Email: mayor@trophyclub.org The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ("Distributor Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. 64 K-1 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing parry does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Distributor Settlement. 65 K-2 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: Name: Mayor Alicia Fleury Title: Mayor Date: October 25, 2021 66 K-3 F,XHIRIT F List of Ovioid Remediation Uses Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies" ).14 A. NALOXONE OR OTHER FDA -APPROVED DRUG TO REVERSE OPIOID OVERDOSES Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. MEDICATION -ASSISTED TREATMENT ("MAT") DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2. Provide education to school -based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 14 As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. 67 E-1 C. PREGNANT & POSTPARTUM WOMEN Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT°') services to non -Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap -around services to individuals with OUD, including housing, transportation, job placement/training, and childcare. D. EXPANDING TREATMENT FOR NEONATAL ABSTINENCE SYNDROME ("NAS") Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant - need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. E. EXPANSION OF WARM HAND-OFF PROGRAMS AND RECOVERY SERVICES Expand services such as navigators and on -call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4. Provide comprehensive wrap -around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. .' E-2 F. TREATMENT FOR INCARCERATED POPULATION Provide evidence -based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. PREVENTION PROGRAMS Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post -overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. EXPANDING SYRINGE SERVICE PROGRAMS Provide comprehensive syringe services programs with more wrap -around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I. EVIDENCE -BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE E-3 Schedule B Approved Uses Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use Disorder or Mental Health ("SUD/MH") conditions through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, those that:ls 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment ("MAT") approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine ("ASAM") continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs ("OTPs") to assure evidence - based or evidence -informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co-occurring mental health conditions. 15 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. 70 E-4 8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Disseminate of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service—Opioids web -based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication — Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap -around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community -based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 71 E-5 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved mediation with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high -quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have --or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: 72 E-6 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on -call teams to begin MAT in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 73 E-7 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative ("PAARI"); 2. Active outreach strategies such as the Drug Abuse Response Team ("DART") model; 3. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion ("LEAD") model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions. 74 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CTI" ), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice - involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome ("NAY'), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women —or women who could become pregnant —who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. 75 E-9 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. 7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home -based wrap -around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 10. Provide support for Children's Services —Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs ("PDMPs"), including, but not limited to, improvements that: 76 E-10 Increase the number of prescribers using PDMPs; 2. Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Funding community anti -drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction —including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA"). 7. Engaging non -profits and faith -based communities as systems to support prevention. 77 E-11 8. Funding evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School -based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community -based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 78 E-12 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment 79 E-13 intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health -related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not -for -profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -for -profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. .E E-14 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM') system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 81 E-15 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Mike Erwin, Finance Manager CC: Wade L. Carroll, Town Manager Leticia Vacek, Town Secretary Re: Approval of FY 22 Purchase Orders (18) Town Council Meeting, October 25, 2021 Agenda Item: Consider and take appropriate action regarding approving sixteen (16) purchase orders for FY22 (M. Erwin). Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations. Background and Explanation: Staff has gathered initial FY22 purchase orders over $25,000 for Council approval. This is the first year to handle these purchase orders as a group and the thought is to bring forward all purchase orders over $25,000 that staff is aware of at the first of the year for approval. Two reasons for handling this way, one let Council see the purchases as a group and two to streamline operations. The individual purchase orders are attached on a spreadsheet. Administration Annual legal services provided by JD Dodd Law, PC Community Development Teague Nall & Perkins and Freese & Nichols. Purchase orders for engineering services in FY22. The FY22 approved budget included $90,000 for Engineering Services. These purchase orders allow staff to use the Engineering Firms going forward on drainage and public works projects. As expected any plans arising from the services will be brought forward to Council prior to moving forward. 82 Page 1 of 4 Silsbee. Purchase of a 2022 F150 to replace a 2008 F150 used for building services. The vehicle replacement sheet is included and indicates this truck is ready for replacement. This item was budgeted in the FY22 Approved Budget. Finance IT services provided by VersaTrust, contracted in August 2020. Financial, court and permitting software provided by Tyler Technologies. Fire Replace Reserve Engine/Pumper 681. The current reserve Engine/Pumper is a 2007 Pierce Engine (Pumper) that has 60,000 miles, 5,627 idle hours, and has cost over $76,000 in repairs and maintenance over the last 5 years. The Town/MUD1 joint Fire budget meeting approved purchasing a new fire engine at a final price "not to exceed $850,000". The MUD1 agreed to pay the $554,301 from the GADSBE Fund. In a move of good faith, the Town offered to pay the balance, not to exceed $250,000. The submitted Sourcewell Proposal lists a final net balance of $730,000 after applicable trade-in and discounts. The Town balance would be $175,601. This is a savings of $74,399 from the "not to exceed $250,000" offered and approved by the Town. The MUD has the $554,301 final purchase approval for the fire engine/pumper on their October 18 Board of Director's agenda. Purchase of Utility Task Vehicle (UTV) $29,981. The UTV will fill several roles for TCFD and the community. This UTV will allow TCFD to access the parks/trails areas and other wildland portions of the county. This vehicle is equipped for wildland firefighting and patient rescue/transport in areas that cannot be accessed by conventional fire apparatus and ambulance. The UTV will also be available for all special events as part of TCFD's EMS component. The UTV will be equipped to respond to all areas of response from Station 681 and will not require a trailer purchase. All additional quotes obtained were more than $36,000. Parks Perry Weather. A total of three (3) lightning warning systems will be installed this fiscal year, one each at Harmony Park, Independence Park, and the Community Pool. The lightning warning system is an important component of effective lightning detection for outdoor sports safety and swimming activities throughout the town's sports fields and pool facility. Onsite staff, players, and sports officials will cancel all activities when appropriate and continue in 30 minutes from the last lightning strike. 83 Page 2 of 4 Silsbee. In accordance with the Town's vehicle replacement policy, staff is requesting authorization for the replacement of a 2008 Ford F-150 and a 2011 Ford F-150 with two (2) 2021 Ford F-150's. Both vehicles are utilized daily for the operations of the Parks and Recreation Department. Professional Turf Products. Staff is requesting the authorization for the replacement of 2006 Toro Multi Pro Spray Rig Model number 41177, this unit is utilized to treat town property with various fertilizer, pre -emergent and post -emergent and a 2011 Toro 36" Grandstand mower, this unit is utilized for mowing maintenance on town medians and various town common spaces. GameTime. Staff is requesting authorization for the replacement of the existing playground and surface at Independence Park West with an Accessible Playground and a poured in place (rubber) surface in the amount of $159,585.81 and adding a ten percent contingency for the total amount of $175,543.81. The current playground at Independence Park West is over 20 years old and most of the components are obsolete, resulting in maintenance potentially becoming challenging. Parkland Dedication funds will be utilized for this request. Police Patrol Units. The Police Department is requesting replacement vehicles under the Towns Vehicle Replacement program (The PD is ordering Chevrolet Tahoe Patrol Vehicles; the reported wait time is 4-6 months). The Police department will replace two police vehicles (to be determined later, several PD vehicles have very high mileage), which meet the replacement criteria. The vehicles are to be purchased using the Tarrant County contract BuyBoard. This request is part of the council approved CCPD 2021-2022 budget. Professional services and leadership training: Del Carman PO. The Police Department will be using Dr. Del Carman for the annual racial profiling report and a new EIS (Early Intervention System) program. The EIS program will demonstrate and maintain the highest levels of integrity within the Police Department. Dr. Del Carmen will also be conducting Critical Thinking and Leadership Development Seminars for the police command staff. Financial Considerations: Funding is available for these purchase orders in the FY22 Approved Budget and proper purchasing protocols were followed. 84 Page 3 of 4 Legal Review: Board/Commission/ or Committee Recommendation: None applicable. Staff Recommendation: Staff recommends approval of the sixteen (16) purchase orders as presented. Attachments: Listing of purchase orders. Town Council Approval: Mayor Alicia L. Fleury or designee 85 Page 4 of 4 Department Description Admin JD Dodd Law, PC Annual Legal service $102,000.00 X PO -001 Community Dev Teagus Nall & Perkins Engineering Services $ 45,000.00 X PO - 002 Community Dev Freese & Nichols, Inc Engineering Services $ 45,000.00 X PO - 003 Community Dev Silsbee Fleet Group 2022 F150 $ 48,039.55 BuyBoard PO - 004 Finance VersaTrust 3rd Party IT Services $164,400.00 X PO - 013 Finance BKD Auditing Services $ 50,000.00 X PO - 025 Fire Nafeco Intimidator UTV $ 29,981.00 Quotes PO - 028 Fire Trophy Club MUD Town's portion of new Fire Engine $175,000.00 X P&R Silsbee Fleet Group 2 2021 F150 Crew Cab 42 5'5 Bed $ 72,893.50 BuyBoard PO - 035 3 Perry Weather Outdoor Warning Systems, Independence, P&R Perry Weather Community Pool & Harmony Park $ 59,157.00 BuyBoard No. 647-21 PO - 039 Replacment of playground equipment at Independence Park P&R GameTime c/o Total Recreation Products West $175,543.81 BuyBoard No. 592-19 PO - 042 Replacement of a Toro Multi Pro Spray Rig and a Toro 36" P&R Professional Turk Products Grandstand $ 49,948.50 BuyBoard No.611-20 PO-049 P&R Yellowstone Landscape Mowing Services $ 49,504.00 Quotes PO - 052 Racial Profiling Report, Early Intervention System, Critical X Police Del Carmen Consultng LLC Thinking and Leadership $ 39,500.00 X PO - 067 25 Dual band replacement Police Motorola Solutions handheld radios $160,000.05 TX DIR Contract 22918 PO - 069 2 - 2022 Chevrolet Tahoe Police Police Caldwell Country Chevrolet Package $ 65,432.00 2021 HGAC Buy Membership PO - 074 TOWN OF TROPHY CLUB 1 Trophy Wood Drive Trophy Club, TX 76262 ISSUED TO: JD Dodd Law, PC 820 S MacArthur Blvd. Suite 105-341 Coppell, TX 75019- PURCHASE ORDER PO Number: 22-00011 Date: Request #: REQ00863 Vendor #: SHIP TO: Town of Trophy Club 1 Trophy Wood Drive Trophy Club, TX 76262 10/01/2021 VEN01632 ITEM UNITS DESCRIPTION PRICE PROD ' GL ACCOUNT NUMBER AMOUNT 1 12 Annual Legal Service 8,500.00 01-160-60100 102,000.00 Ann—w-4 11". �_, /pia, __, n�ro. /��ii % TOTAL 7 102,000.00 r,1 L 1 i 1. Original invoice plus one copy must be sent to: Town of Trophy Club, 1 Trophy Wood Drive, Trophy Club, TX 76262. 2. Payment may be expected within 30 days of receipt of goods, unless otherwise stated. 3. C.O.D. shipment will not be accepted. 4. Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment. 5. All goods are to be shipped F.O.B. Destination unless otherwise stated. 6. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the Town. 7. All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations. 8. Vendor or manufacturer bears risk of loss or damage until property received and/or installed. 9. Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer. 87 10. The Town is exempt from all federal excise and state tax — ID# 75-2047474. Finance Dept. (682) 237-2900 FAX (682) 237-2996 PO-001 Tc7*:::-f TOWN OF TROPHY CLUB Date: 10/8/2021 Vendor (Name & Address) Teague Nall & Perkins, Inc. 5237 N. Riverside Drive Fort Worth, TX 76137 PURCHASE REQUISITION FORM Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 ez� o0V PO Number Department CD Project# Account Number Description Quantity Unit Amount Total Amount 01-522-60500 Third -party Engineering for Community Development 1 45,000.00 $ 45,000.00 Co-op info: Total $ 45,000.00 Vendor Packet This is an estimated amount, we have 2 engineers for different types of projects- total budget not to exceed $90,000. Comments Matt Cox Requested by: r Firfance Approved by: Approved by: tThowlnof!T�rophy Club must have a completed Vendor Packet 0 Ore a regp�si z be accepted by the Finance Department. T(c:7*:f PURCHASE REQUISITION FORM TOWN OF v U TROPHY CLUB Date: 10/8/2021 Vendor (Name & Address) Freese and Nichols, Inc. 4055 International Plaza Suite 200 Fort Worth, TX 76109-4895 PO Number Department CD Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Description Quantity Unit Amount Total Amount 01-522-60500 Third -party Engineering for Community Development 1 45,000.00 $ 45,000.00 Co-op info: Total $ 45,000.00 Vendor Packet Updated Comments Matt Cox Requested by: 1 Finance Approved by: :• Approved by: The Town of Trophy Club must have a completed Vendor Packet o por =req*iygp3 be accepted by the Finance Department. T( 7* f TOWN OF TROPHY CLUB Date : 10/13/2021 Vendor (Name & Address) Silsbee Ford 1211 Hwy 96 N Silsbee TX 77656 PURCHASE REQUISITION FORM PO Number Department Facilities Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Description anti Unit Amount Total Amount 07-710-83700 2022 Ford F150 4WD 1 37,561.75 $ 37,561.75 Co-op info: Buy Board Contract #601-19 Total $ 37,561.75 Vendor Packet U Replace current 2008 F 150 4WD Comments Frank Garcia Requested by: x1i Finance Approved by: all proved by: i The Town of Trophy Club must have a completed Vendor Pack e n fill before a 0rIgui ib'ort can be accepted by the Finance Department. PRODUCT PRICING SUMMARY BUYBOARD CONTRACT 9601-19 Vehicles and Heavy Duty Trucks VENDOR --Silsbee Ford, 1211 Hwy 96 N., Silsbee TX 77656 End User: TOWN OF TROPHY CLUB Contact: MATT COX 817.456.2282 Email: MCOXCcDTROPHYCLUB.ORG Product Description: FORD F150 A. Bid Series: 123 B. Published Ontions [Itemize each belowl Prepared by: RICHARD HYDER Phone: (409) 300-1385 Email: rhvder. cowboWleet0am ail. com Date: October 13, 2021 A. Base Price: $ 18,188.00 Code Options Bid Price Code Options Bid Price W1E 2022 F150 SUPER CREW 4X4 5.5' BED $ 15,935.00 18B BLACK PLATFORM RUNNING BOARDS $ 445.00 AS INTERIOR VINYL 40/20/40 $ - TRAILER BRAKE CONTROLLER $ - YZ EXTERIOR WHITE $ 99B 3.3L V6 GAS $ IOTA IOTA MID PKG INCLUDING: $ 970.00 REAR VIEW CAMERA POWER GROUP CRUISE BLUETOOTH REVERSE SENSING 53A TRAILER TOWING PKG $ 1,090.00 Total of B. Published Options: $ 18,440.00 1 C. Unpublished Options [Itemize each below, not to exceed 25%] $= 0.0 % Options I Bid Price I Options I Bid Price ETA —180 DAYS ARO D. Pre -delivery Inspection: E. Texas State Inspection: F. Manufacturer Destination/Delivery: G. H I. J. K. L. M. Floor Plan Interest (for in -stock and/or equipped vehicles): Lot Insurance (for in -stock and/or equipped vehicles): Contract Price Adjustment: Additional Delivery Charge: 305 miles Subtotal: Quantity Ordered Trade in: xK= N. BUYBOARD Administrative Fee ($400 per purchase order) 91 O. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE Total of C. Unpublished Options:1 $ - $ - $ - $ - $ - $ - $ 533.75 $ 37,161.75 $ 37,161.75 $ 400.00 $ 37,561.75 PO - 005 2800 Golden Triangle Blvd. Fort Worth, TX 76177 866-431-1131 QUOTATION Brand FX Town of Trophy Club PO BOX 77027 FORT WORTH, TX 76177 817-431-1131 817-431-6472 Exp. Date: 07/03/2021 Quote No: 87075-0001 BODY: BFXB40LS BFXB 40LS STANDARD SERVICE BODY 06/04/2021 == E3l-AB 4UL5 51ANUAKU StKVIC:t 13UUY - U.000 == 1 4070285 BFXB 40LS SERVICE BODY 1 SS=18.875/40/23 CS = 18.875 / 40 / 23 FBCA = 38.5 OL = 81.5 OVERALL WIDTH - 82.75 1 PACK DEPTH - 15.00 1 FLOOR WIDTH - 48.75 1 PACK HEIGHT - 42.00 1 MOUNTING HEIGHT - 25.00 1 STEEL UNDERSTRUCTURE - ALUM TREAD FLOOR 1 SMOOTH ALUMINUM BULKHEAD 1 ALUMINUM TAILSKIRT 1 STANDARD BRIGHT WHITE GELCOAT 1 STAINLESS STEEL ROTARY LATCH 1 TYPE 304 STAINLESS STEEL HARDWARE 1 TYPE 304 STAINLESS STEEL DOOR HINGE 1 VINYL COVERED S/S CABLE DOOR STOPS 1 NON-SKID COMPARTMENT TOPS 1 8221458 CLEAR VINYL ROCK GUARDS 1 8061198 BLACK PLASTIC FUEL BEZEL (1 STANDARD) 1 AUTOMOTIVE GRADE BUBBLE GASKET 1 ONE PIECE MOLDED DOORS WITH 1 AUTOMOTIVE FINISH BOTH SIDES RECESSED DOOR JAMBS 1 FLOW THROUGH VENTILATION SYSTEM 1 REMOVEABLE WHEEL WELL PANELS 1 WHITE COMPARTMENT INTERIORS 1 RECESSED DOOR SEAL SYSTEM 1 7630813 LIGHT ADAPTOR FOR CHEVY / GM CHASSIS 1 FULL LED LIGHTING PACKAGE 1 STOP / TAIL / TURN / MARKER & BACK-UP LIGHT 4029494 10" ALUMINUM TAILGATE - AUTOMOTIVE STYLE (SRW) 1 STREETSIDE FRONT COMPT (40LS) 1 5090269-- ONE ADJUSTABLE SHELF 1 5090269-- ADDITIONAL ADJUSTABLE SHELF 1 8048213-- DIVIDER PACK - 2" FIBERGLASS - 4 PER PACK 2 SHIPPED LOOSE PO - 006 06/04/2021 Quote No: 87075-0001 STREETSIDE HORIZONTAL COMPT (40L! 5090270-- ONE ADJUSTABLE SHELF 8048213 - DIVIDER PACK - 2" FIBERGLASS - 4 PER PACK SHIPPED LOOSE STREETSIDE REAR COMPT (40LS) 5090269 - ONE ADJUSTABLE SHELF 5090269 - ADDITIONAL ADJUSTABLE SHELF 8048213 - DIVIDER PACK - 2" FIBERGLASS - 4 PER PACK SHIPPED LOOSE 5034131 - INTERIOR LIGHT GUARD (40LS SS) CURBSIDE FRONT COMPT (40LS) 5090269-- ONE ADJUSTABLE SHELF 5090269 - ADDITIONAL ADJUSTABLE SHELF 8048213-- DIVIDER PACK - 2" FIBERGLASS - 4 PER PACK SHIPPED LOOSE CURBSIDE HORIZONTAL COMPT (40LS) 5090270-- ONE ADJUSTABLE SHELF 8048213 DIVIDER PACK - 2" FIBERGLASS - 4 PER PACK SHIPPED LOOSE CURBSIDE REAR COMPT (40LS) 5090269-- ONE ADJUSTABLE SHELF 5090269-- ADDITIONAL ADJUSTABLE SHELF 8048213 - DIVIDER PACK - 2" FIBERGLASS - 4 PER PACK SHIPPED LOOSE 5034130 1— INTERIOR LIGHT GUARD (40LS CS) 4045417 ALUMINUM BUMPER TO WORK WITH FACTORY RECEIVER 4023482 SPRING MOUNT BODY KIT FACTORY INSTALLATION FAST FLASH INCLUDED 'PRICE REFLECTS BASIC INSTALL, ADDITIONAL REQUIREMENTS MAY RESULT IN CHANGED INSTALL FEE *DOES NOT INCLUDE TRANSFER FEE FREOM PRODUCTION FACILITY TO INSTALL FACILITY 'INSTALL FEE IS SUBJECT TO CHANGE IF CUSTOMER SUPPLIED CHASSIS REQUIRES THE BODY, CHASSIS, OR INSTALL TO NEED ADDITIONAL LABOR AND/OR PARTS. THE CUSTOMER WILL BE CONTACTED BEFORE ADDITIONAL PARTS OR LABOR NEEDED COMMENCES FOR APPROVAL ADDITIONAL FACTORY INSTALLATION OPTIONS BELOW TRANSFER FEE TO BFX INSTALL FACILITY I— FORT WORTH, TX COMPLETION DATE IS SUBJECT TO CURRENT LEAD TIME AT DATE OF ORDER 93 PO - 007 J0/U4lZUZ I UUOIU Iw. a f U r J-uuu I ra C J • DEISCRIIPTJPf THIS QUOTE DOES NOT INCLUDE FREIGHT REQUIRED ORDER INFO 1 CHASSIS INFORMATION: 1 1. YEAR: 2. MAKE: 3. MODEL: 4. CAB TO AXLE: 5. TIRE SIZE: 6. SINGLE REAR WHEEL: DUAL REAR WHEEL: 7. CAB SIZE: 8. GAS: DIESEL: IF DIESEL, WHERE IS DEF TANK LOCATED: IF OUTBOARD MOUNTED, DEF CUTOUT REQUIRED, ADD $420.00 TO TOTAL 9. CAB CHASSIS: (NO OEM/FACTORY BED) BED DELETE: (WITH AN OEM/FACTORY BED) IF BED DELETE, FAST FLASH IS REQUIRED PLEASE ADD $415.00 TO QUOTE TOTAL 10. HAS THIS UNIT BEEN BUILT BEFORE? YES NO 11. WHAT IS THE PREVIOUS SERIAL NUMBER? 12. IF CHASSIS HAS AN OEM/FACTORY BED ON IT, IS THE TAILGATE: MANUAL: POWER: (FOR POWERED TAILGATE, PLEASE ADD $200 TO QUOTE TOTAL FOR UPGRADED WIRING HARNESS) FACTORY INSTALLATION BY BRANDFX: 1 13. DOES THIS ORDER REQUIRE BFX INSTALL? 94 PO - 008 PO - 009 06/04/2021 Quote No: 87075-0001 Page 5 25. YES NO ***IF BFX SUPPLIED SPRING MOUNT KIT IS CHOSEN, PLEASE ADD $48.00 TO YOUR TOTAL"' 26. REQUEST DATE: (SEE LEAD TIME LISTED ABOVE) —PLEASE NOTE, ON NON-STANDARD GELCOAT UNITS, LEAD TIME WILL NOT BEGIN UNTIL COLOR CHIP IS APPROVED" 27. DATE ORDER PLACED: 28. END USER: 29. P.O. #: 30. SHIP TO ADDRESS: 31. QUANTITY: 32. SIGNATURE: ORDERS WILL NOT BE PLACED WITHOUT COMPLETE INFORMATION. TO PLACE AN ORDER, RETURN COMPLETED SIGNED QUOTE WITH A PURCHASE ORDER TO 817-306-7649 OR VIA EMAIL TO ORDERDESK@BRANDFXBODY.COM —PLEASE NOTE THIS QUOTE IS VALID FOR 30 DAYS AFTER CREATE/REVISION DATE- -PLEASE NOTE THAT ANY CHANGES MADE AFTER FIVE DAYS OF RECEIPT OF THE PURCHASE ORDER MAY BE SUBJECT TO ADDITIONAL CHARGES — Any prices contained in this quote are BrandFX's confidential trade secrets and may only be read or retained by the party to whom the quote is addressed. This quote and the prices herein may only be used to evaluate the goods and services BrandFX offers and may not be used to set the price of any competing goods or services. All other uses are prohibited. Do not share this quote or the prices herein with any other person or organization not involved in the addressee's evaluation of BrandFX's goods and services. 96 PO-010 PO-011 Vehicle/Equipment Evaluation Summary Report Item #: I1`-TPX I LAY d2 FC,N L3 i Evaluation/Report Date: 6 " ,PZ( Department Assignment: M G i N Tc2WQ NC e Year:,( CAD O Make:_ Lz2 t d Model: FIS76 Description/Use: W D,/9 k TP u r .k Summary Values Ages s Base Age from Policy Points: Mileage //5?4/. I Base Mileage pi DD D Points: U ro Purchase Cost: Q y.� Total M&R: Points: Book Value: O Est Repair Cost: �, 5Z9 Points: 3 Total Points Comments and other considerations: •.' PO - 012 I c-*� TOWN OF TROPHY CLUB Date: 10/14/2021 Vendor (Name & Address) American Integration 6310 Southwest Blvd, Suite 110 Fort Worth. Tx PURCHASE REQUISITION FORM Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Project# Account Number Description uantit Unit Amount Total Amount 01+640+60100 VersaTrust IT Services 1 164,400.00 $ 164,400.00 Co-op info: Total $ 164,400.00 Vendor Packet U Comments Mike Erwin Requested by: �r Finance Approved by: ✓• Approved The Town of Trophy Club must have a completed Vendor Packet PeOre�a re(i%si od3n be accepted by the Finance Department. 1� versaTrust BUSINESS I TECHNOLOGY I TRUST 6320 Southwest Blvd, Suite iio Fort Worth, TX 76109 (817) 595.0111 www.versatrust.tom 0 Managed Services Agreement AGREEMENT BY AND BETWEEN Town of Trophy Club AND American Integration, Inc. DBA VersaTrust THIS AGREEMENT is made and entered into by and between VersaTrust and Town of Trophy Club (Customer) for Managed IT and Cybersecurity Services stated herein. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the premises as hereinafter set forth, the parties agree to the following terms and conditions: I. TERM This Agreement shall become effective and binding for all purposes upon the date of execution set forth in the last paragraph of this Agreement and shall continue in full force and effect for 36 months, and term shall renew automatically annually after the initial term until a written termination notice per the Termination clause as specified herein, has been received by either party. 11. GENERAL RESPONSIBILITIES OF VersaTrust VersaTrust shall be responsible for providing services in accordance with the terms and conditions of this Agreement as stated in the attached Scope of Services. III. LIMITATIONS TO SERVICEPROVIDED BY VersaTrust Services provided by VersaTrust under the terms of this Agreement shall be limited by the following: VersaTrust shall not be responsible or liable for services other than as specified in this Agreement. IV. GENERAL RESPONSIBILITIES OF CUSTOMER Customer shall be responsible for providing the following in accordance with the terms and conditions of this Agreement: Products and services not stated in Scope of Services. V. REMUNERATION. In consideration of the services to be provided by VersaTrust, Customer agrees to pay VersaTrust in accordance with the Cost and Fee Schedule. An initial payment shall be made upon execution of this Agreement, in the amount of the minimum to be paid by Customer under the Cost and Fee schedule. Such payment shall be made in a check made payable to "VersaTrust". V1. WARRANTIES, LIMITATIONSAND INDEMNITY a. Limited Warranty. VersaTrust warrants that any Services provided by VersaTrust will be performed in a good and workmanlike manner, which warranty shall be effective for a period of sixty (60) days from the date such Service is furnished. If any failure to meet the foregoing warranty occurs, and a warranty claim is made by Client within sixty (60) days' from the date such Service is furnished, VersaTrust shall, as its sole obligation and Client's sole and exclusive remedy therefore, re - perform the Service without additional charge to Client, or refund to Client the amount paid for such Service, at Client's sole option. Micnxoft Partner 100 FMm ket Solt— P—de PO-014 iversaTrust IUSINESS I TECHNOLOGY I TRUST 6310 Southwest Blvd. Suite ilo Fort Worth. TX 76109 (817)S95-0111 N uwvw versatrustxom la b. Disclaimer. Except for any express warranty set forth herein, the Services are provided on an as is" basis, and client's use of Versa Trust's services is at its own risk Versa Trust does not make, and hereby disclaims, any and all other express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non -infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. c. Limitation of Warranty. VersaTrusts's entire liability and Client's exclusive remedy for damages arising from a breach of this Agreement or breach of warranty by Versa Trust including, but not limited to, nonperformance or misrepresentation, and regardless of the form of action, shall be limited to immediate termination of this Agreement and recovery of the current month's support fee. In no event will Versa Trust be liable for Client's deliberate acts or negligence, special, incidental or consequential damages, lost profits, loss of use of equipment loss of stored memory, cost of substitute equipment or other down time costs, the inability of VersaTrust to correct any errors, malfunctions, or defects in any product or equipment or the delay of Versa Trust in performing any Services under this Agreement even if Versa Trust has been advised of the possibility ofsuch damages, or far any claim against Client by any other parry. Versa Trust shall not be responsible to Client for any lost data or time. Some states have laws that require warranty and liability rights different from those stated herein. In such states, the minimum required warranty and liability terms shall apply. d. Disclaimer regarding Breach of Security. Client acknowledges and agrees that no security system, network firewall, or other device or software to protect the confidentiality or security of Client's network system or restrict access to the Client's network or Internet to Client's authorized users and VersaTrust is fool- proof, perfect, or immune from hacking. Client agrees that VersaTrust shall have no liability for any breach of the security or confidentiality of its network, Intranet, Extranet or Internet unless such breach is caused by action or inaction by VersaTrust. e. Disclaimer regarding Damage to Equipment in no event shall VersaTrust be liable for any loss of or damage to hardware, software, equipment or other goods of Client or a third party while in VersaTrust's custody or care, except to the extent caused by the negligence or willful misconduct of VersaTrust or its employees or agents. Client shall maintain insurance coverage with respect to such goods sufficient to cover all such damages or losses. E Indemnification. Client shall indemnify, defend and hold VersaTrust, its members, managers, employees and agents harmless for, from and against any and all losses, damages, liabilities and claims of third parties arising from breach of the obligations, representations and warranties of Client in this Agreement, including, without limitation, any claims for infringement of copyright, patent or other intellectual property rights of others relating to Client's software, hardware, website and network and including attorney's fees and court costs. VersaTrust shall indemnify, defend and hold Client, its members, managers, employees and agents harmless for, from and against any and all losses, damages, liabilities and claims of third parties arising from breach of the obligations, representations and warranties of Client in this Agreement, including, without limitation, any claims for infringement of copyright, patent or other intellectual property rights of others relating to Client's software, hardware, website and network and including attorney's fees and court costs. 2 J -, Microsoft Partner 101 kwOm km Sduto. VuwJr PO-015 �1 VersaTrust IUSINESSITECHNOLOGVITRUST 6310 Southwest Blvd. Suite i10 Fort worth, TX 76109 (617) S95-0111 www.versatrust.com Q VII. CONFIDENTIALITY. VersaTrust recognizes and acknowledges that this Agreement creates a confidential relationship between VersaTrust and Customer and that information concerning Customer's business affairs, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. Customer likewise recognizes and acknowledges that this Agreement creates a confidential relationship between VersaTrust and Customer and that information concerning VersaTrust's business affairs, electronic mail, proposals, methods of operation, vendors, computer programs, documentation and other intellectual property, including this Agreement, is confidential in nature. All such information concerning Customer and VersaTrust is hereinafter collectively referred to as "Confidential Information." Customer will protect Confidential Information to the extent it is able to and still comply with public information laws. V1II. NON -DISCLOSURE VersaTrust agrees that, except as directed by Customer, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Upon termination of this Agreement, Customer will return any items as requested by VersaTrust that VersaTrust deems confidential in nature. Customer agrees that except as directed by VersaTrust, it will not at any time, during or after the term of this Agreement, disclose any Confidential Information to any person whatsoever. Upon termination of this Agreement, VersaTrust will return any items as requested by Customer that Customer deems confidential in nature. Customer will protect Confidential Information to the extent it is able to and still comply with public information laws. IX FORCEMA/EURE Neither party shall be responsible to the other for any losses resulting from failure to perform any terms or provisions of this Agreement, except for payment of monies owed, if the party's failure to perform is attributable to war, riot, or other disorder; strike or other work stoppage; fire; flood; or any other act not within the control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent Any such occurrence shall be referred to as "Force Majeure". X INDEPENDENT CONTRACTOR STATUS. This is not a brokerage agreement or an agreement of joint venture, or partnership, or of employment. In the performance of this Agreement, VersaTrust is an independent contractor of Customer. Neither party shall order any merchandise or equipment, incur any indebtedness, enter into any undertaking or make any commitment in the other party's name or purporting to be on the other parry's behalf except as expressly authorized by the terms of this agreement or by separate written agreement with other party. XI. NONASSIGNARILITY. Neither party may assign its rights and/or duties under this Agreement without obtaining the prior written consent of the other party; except that either party can assign its obligations under this Agreement without the consent of the other party as a result of a sale of more than 50% of its assets. XIL NOME. All notices which are required or may be given pursuant to the terms of this Agreement shall be deemed given three business days after they are deposited in the United States mail, certified, return receipt requested, with postage prepaid, or on the date personally delivered or sent by email. 3 1 P ig. Microsoft Partner 102 Mdnwket 50. wn Pw,wr, PO - 016 �1 VersaTrust BUSINESS I TECHNOLOGY I TRUST To VersaTrust: VersaTrust 6310 Southwest Blvd, Ste 110 Fort Worth, Texas 76109 Email: dannyftversatrust.com To Customer: City of Trophy Club 1 Trophy Wood Drive Trophy Club, TX 76262 Email: wcarroll@trophyclub.org 6310 Southwest Blvd. Suite iio Fort Worth. TX 761o9 (817) S95-0111 p vwwv.versatrust.com p XIII. SEVERABILITY, In the event that any provision hereof shall be deemed in violation of any law or held to be invalid by any court in which this Agreement shall be interpreted, the violation or invalidity of any particular provision shall not be deemed to affect any other provision hereof, but this Agreement shall be thereafter interpreted as though the particular provision so held to be in violation or invalid were not contained herein. XIV. ENTIRETY CLAUSE. MODIFICATIONS AND AMENDMENTS, This Agreement, including the Attachments hereto, constitutes the entire agreement by and between the parties regarding the subject matter herein. Statements or representations not included in the foregoing documents shall not be binding upon the parties. No modifications or amendments of any of the terms or conditions of this Agreement shall be valid or binding unless made in writing and signed by authorized representatives of both parties. This Agreement will supersede all other existing Agreements and Attachments on the date this Agreement is entered into and effective. XV. COMPLIANCE WITHAPPLJCABLELAWS Each party shall be responsible for obtaining and maintaining at its sole expense and in its name, all licenses and permits which such party may require in order performing the services described herein. VersaTrust and Customer shall each comply with all applicable federal, state and local laws and regulations respectively applicable to each party in connection with the services contemplated hereunder. All obligations under this Agreement are subject to any future required federal, state or other city regulatory approvals and laws. If the enforceability of any such future obligations materially and substantially diminishes the considerations which otherwise would be received or the services to be performed by either party under this Agreement, then that party may terminate this Agreement without liability by giving thirty days' written notice of such termination to the other party. In such event, the amount paid by Customer shall be prorated according to the time of cancellation and the prorated amount shall be returned. XVI. ENFORCEABILITY. The failure of either party to enforce any provision of this Agreement or to exercise any remedy available under this Agreement or in accordance with law upon the other party's breach of the terms, covenants and conditions of this Agreement or the failure to demand the prompt performance of any obligation under this Agreement shall not be construed as a waiver or limitation of such right or remedy, or the party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. XVII. GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. This agreement is entered into in Tarrant County and proper venue for any legal proceeding regarding this agreement shall be in Tarrant County. 411,.i gtc Microsoft Partner 103 M,daWket Soiut— P—der PO - 017 versaTrust BUSINESS I TECHNOLOGY I TRUST 6310 Southwest Blvd. Suite no Fort Worth. TX 76109 (817)595-0111 O www versatrust.Com o XV111. PRIOR CONTRACTS. This Agreement shall replace any prior or existing Service Agreements between the parties and this Agreement shall apply to any existing Service Orders agreed to by the parties. X1X. SOLICITATION, If Customer wishes to hire an employee of VersaTrust, Customer may request this of VersaTrust in writing. VersaTrust retains the right to accept or deny the request within 30 days. If the request is accepted, a fee equaling 100% of the employee's annual salary shall constitute the amount Customer agrees to pay. Otherwise, for the course of this Agreement and for the course of two (2) years thereafter, VersaTrust and Customer will not solicit for employment, hire, contract or other services an employee or consultant employed or previously employed by either party. XX. TERMINATIONOFAGREEMENT. Without cause: For the initial selected term and subsequent terms, Customer and VersaTrust must provide 60 days written notice prior to requesting termination of this Agreement. Customer will be liable for 100% of the initial setup fees and any tool, software or other costs incurred or committed to by VersaTrust that are required to perform according to the Agreement, and all monies owed VersaTrust, including late fees, service, and finance charges. With Cause: Customer and VersaTrust must respectively notify one another in writing that cause for termination has occurred and must give either party 45 days to rectify the cause. If after 45 days the cause is not rectified and service returned to the level expected according to the parameters of this Agreement, Customer and VersaTrust must respectively notify one another in writing and this Agreement will cease without penalty. Microsoft Partner 104 MO—Av Sdw— P—de, IZiE1yR ? i VersaTrust BUSINESS I TECHNOLOGY( TRUST Managed Services Agreement Scope of Services I. AVAILABILITY- VersaTrust shall be available for service and support: Business day - 8am - 5pm Monday through Friday excluding National Holidays. National Holidays include the following: o New Year's Day -January 1 o Memorial Day - Last Monday in May o Independence Day - July 4 o Labor Day - First Monday of September o Thanksgiving Day -- Fourth Thursday of November o Christmas Day - December 25 o If a holiday falls on a Saturday, the previous Friday will be honored. o If a holiday falls on a Sunday, the following Monday will be honored. o Weekends - available upon request o National Holidays - available upon request 6310 Southwest Blvd, Suite 1io Fort Worth, TX 761og (817)595.0121 www.vLrsatrust.com 11. RESPONSE MATRIX. The following Response Matrix will be used to determine priority status and response times for service requests: Priority 1 o Site is completely down. All users at the location are deprived of system access. o Service shall commence within one business hour. o Service will commence via telephone, remote access, or onsite o Example: site is completely down; all users at the given location are deprived of system access. Priority 2 o System/site is partially operational. Connectivity is intact, but one user/device or multiple users/devices are not operational. o Service shall commence within four business hours. o Service will commence via telephone, remote access, or onsite. o Examples: critical printer, PC or terminal completely down; one user deprived of system access Priority 3 o User or device is operational but is adversely affected. Important component or process is dysfunctional. o Service shall commence within twelve business hours. o Service will commence via telephone, remote access, or onsite. o Examples: Non -critical printer or application not functioning properly, user cannot access the Internet 6 1 " , g . Microsoft Partner 105 M,dmerkel SOW— V,ovde, PO - 019 00'/j 40\Fk versaTrust IUSINCSS 1 TECHNOLOGY I TRUST Priority 4 6310 Southwest Blvd. Suite 110 Fort Worth. TX 761o8 (817) M-0111 M www.versatrust.com 0 o No users critically affected. Intermittent issues, moves, adds, changes o Schedule to be determined by VersaTrust and requestor. Schedule not to exceed 72 business hours unless feasible or requested by client o Examples. Intermittent issues, PC, printer or application installations, software upgrades, etc. Ill. TRAVEL, Customer shall reimburse all reasonable and necessary business and travel expenses actually incurred by VersaTrust upon submission of expense reports with back-up documentation, except that no travel expenses shall apply for assignments within an 80-mile radius of Customer Headquarters. All such expenses in excess of $100 and all travel plans must be approved in advance by Customer. Travel expenses include airfare, meals, lodging etc. IV. AUTHORIZATION FOR WORK. Customer must authorize all work before it is performed by VersaTrust Only personnel designated by Customer may give authorization. Customer must supply a list of personnel whom may authorize work. Work authorizations may be in verbal or written form. V. AUTHORIZATION FOR PURCHASES. Customer must authorize any purchases. Only personnel designated by Customer may give authorization. Customer must supply a list of personnel whom may authorize purchases. Purchase authorizations may be in verbal or written form. Customer shall be responsible and liable for all equipment, hardware, and software purchases. VI. LICENSINGAGREEMENTS. Customer is responsible for complying with all hardware and software licensing agreements. VersaTrust will not knowingly install, duplicate or copy unlicensed or illegally obtained hardware or software. Customer will be notified in verbal or written form if VersaTrust suspects a breach of any hardware or software licensing agreements. VII. LABOR HOUR. The definition of"Labor Hour" shall be: Cumulative per day, per person. Anytime spent: o On -site at any Customer location. o Traveling while in the service of Customer. o Traveling to Customer site. o Traveling between Customer sites. o Requisitioning services and equipment. o While performing any services as requested by Customer. Vlll. THIRD PARTY PRODUCTS. SERVICES AND SYSTEMS. VersaTrust agrees that, except as directed by Customer, it will not enhance, alter, modify, service, or repair any products, services, or systems that are the responsibility of a third party. VersaTrust further agrees that should a difficulty arise due to an enhancement, modification, service or repair of any 71P;1P,1' Microsoft Partner 106 %dmdlkLI W t— V,o KW PO - 020 versaTrust i ` BUSINESS I TECHNOLOGY I TRUST 6310 Southwest Blvd. Suite iio Fort Worth. TX 761o9 (817) S9S-03-11 0 wwwc,.versatrust.COM 0 products, services or systems by VersaTrust, VersaTrust will assume responsibility for correcting only the issue it created. Likewise, Customer agrees to assume responsibility for any enhancement alteration, modification, or repair of any services or products of VersaTrust by a third party. Customer also agrees that if VersaTrust must intervene to correct any issues arising from the aforementioned, standard hourly rates as defined in the Cost and Fee Schedule will apply. IX. SYSTEMAND DATA INTEGRITY. Customer understands and accepts that when servicing any computer system, a possibility for data loss exists. Therefore, before VersaTrust renders any services on any computer system, VersaTrust will query Customer in verbal or written form as to the status of a current backup. Customer agrees to indemnify, defend and hold VersaTrust harmless from and against any suit claim, recovery or other liability, including attorney's fees incurred due to system or data loss not directly attributable to VersaTrust its agents and employees. VersaTrust will use all reasonable means to restore or recover any data loss caused by VersaTrust. X. CUSTOMER NETWORK SECURITY, VersaTrust or its representatives will not abuse its access privileges to the Customer network by accessing, viewing, changing, or manipulating files resources considered sensitive or resources for malevolent purposes. VersaTrust shall not disclose any system passwords or make available any system resources to an unauthorized person or system user. XI. SERVICES CompleteCare DiD will be enabled with the following: o An application agent will be installed on covered Customer devices to collect monitored device data. o Customer shall be responsible to maintain a high-speed broadband Internet connection with static IP addresses. o VersaTrust will provide and maintain remote monitoring software and hardware. XIL EXCLUSIONS The following products and services are not included in the Services to be performed by VersaTrust under this agreement and will be billed separately: o Any new hardware, software licenses or maintenance agreements/subscriptions required by Customer, except as explicitly defined in this Agreement o The cost of equipment, parts and materials used by VersaTrust in performing the Services under this Agreement, unless otherwise stated in this Agreement o Specific projects or work that is beyond the services described in this Agreement The following service items will be included in the monthly CompleteCare DiD fee: • Virtual CIO Business Technology and Cybersecurity Planning • Vendor Liaison • 24x7 Proactive Maintenance, Monitoring and Remediation Tools • Full CJIS IT Compliance Representation • Asset and Inventory Management with System Documentation • Security Focused Configuration 8 ;Iill c Microsoft Partner 107 Mdnvkel SduUon P,0.6& PO-021 versaTrust BUSINESS ITECHNOLOGY ITRUST 6310 Southwest Blvd. Suite no Fort Worth, TX 76109 (817) 595-0111 www.versatrust.com 0 • Backup, Disaster Recovery and System Business Continuity Management via VersaSafe (if applicable) • Securityfocused Managed IT - Risk and Threat Reduction o Firewall and gateway security management o VersaTrust management agent o Automatic Windows and third party security patching o User and access management to ensure that users have appropriate permissions and data shares are only accessible on a need to know basis o Advanced Endpoint Protection with 24x7 Security Operations Center o Cloud -based DNS and content protection o Real-time Unified Threat Management (STEM, network and host intrusion detection) o Dark web identity theft detection c Advanced, cloud -based SPAM protection o Internal asset/inventory • Issue Tracking and Escalation • Remote and Onsite Support Customer Requirements: • Customer must keep current all applicable vendor support agreements, licensing and warranties for critical devices at all times • Customer adherence to VersaTrust hardware and software standards and recommendations that facilitate uptime, data security, employee productivity and problem resolution • Device management and support restricted to VersaTrust staff only • Adequate Internet bandwidth to accommodate both VersaTrust remote management as well as for the offsite backup to successfully maintain synchronization Hourly Services • Any services not specifically named in CompleteCare DiD above FROVISION OF SERVICES. VersaTrust shall furnish technical services with the appropriate and required level of expertise on an as -needed basis. A regular onsite support/maintenance schedule may be agreed upon at customer request Microsoft Partner 108 AWmarke; Soh�tion orondir PO - 022 versaTrust BUSINESS I TEC14MOLOGY I TRUST 63io Southwest Blvd. Suite iio Fort Worth. TX 76109 (817) 59S-0111 www.versatrust.com Q Managed Services Agreement Cost and Fee Schedule I. FEES FOR SERVICES NOT COVERED BY THIS AGREEMENT. Any services rendered not explicitly covered by this service agreement shall be billed at: (X) $125.00 per hour • Projects outside the scope of this agreement (major infrastructure moves, replacements, cabling or other major overhauls) may be negotiated as necessary 11. MANAGED ITSERVICES (X) Monthly Managed Services Agreement - CompleteCare DiD CompleteCare DiD w/ Unified Threat Protection Users - $11,500/month o 78 Workstation Users (PC, LT or Mac) - $150/user Infrastructure to be evaluated monthly for user or location additions to the base Agreement that may affect the scope of the Agreement VersaTrust may increase monthly fees by no more than 8% with a typical average of 4% when they do occur, with notification required by April 30 each year. Any annual increase over 3% is a documented pass -through of operational costs to cover increased operating costs such as: o Additional, increased or replacement management and security tool licensing costs o Increased operating costs required to fulfill additional requests from Customer Increases are not guaranteed to occur annually. (X) PC installation, migration and projects billed hourly as approved Ill. BACKUP/DISASTER RECOVERY - VERSASAFE • TBD IV. BASIC HOURLY RATE.. The basic rate is for business day coverage only. The "labor hour" rate shall be: (X) Monthly Managed Services Agreement - Hourly Rate - $12S/Hour Overtime Rate, Weekend and Holiday Rate Labor hours incurred outside Business day hours shall be billed at 1.5 x Basic Hourly Rate, per hour, per day, per person. V. PAYMENT. Customer agrees to pay via ACH, a -check or credit card: (X) Monthly, prior to services being rendered. ( ) Pre -paid hours monthly, prior to services being rendered. (X) As services are rendered and products are purchased for the course of the agreement. If payment for pre -paid hours, hours used and monitoring fees for the previous month has not been made by the 15"' of the following month, the benefits of this agreement may cease until payment in full has been made. 1011'a),; Microsoft Partner 109 AWmarket $durm °rrnade, PO - 023 versaTrust eusuvFSS I TfcNNoiocT I TRUST 6pe, Southwest Blvd, Suite iio Fort worth. TX 76109 1 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of.. v jA- a s ;�Cd-O �1 Executed on behalf of Customer: Signature e.MtkSanders Printed Name M!I� 0r Title Microsoft Partner Mdm kvi Soh do PwO da Executed on Behalf of VersaTrust Danny Owens President (817) 595-0111 8 wwwmersatrusrcom 111P.19L' PO - 024 I (a -, TOWN OF TROPHY CLUB Date: 10/14/2021 Vendor (Name & Address) BKD 14241 Dallas Pkwy, Suite 1100 Dallas, TX 75254 PURCHASE REQUISITION FORM Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Project# Account Number Description Ouantity Unit Amount Total Amount 01-611-60200 Auditing Services 1 41,000.00 $ 41,000.00 15-951-60200 1 5,000.00 $ 5,000.00 16-370-60200 1 4,000.00 $ 4,000.00 Co-op info: Total $ 50,000.00 Vendor Packet U Comments Mike Erwin Requested by: Finance Xpproved by: 111 Approved by: The Town of Trophy Club must have a completed Vendor Packet oP1 e0re a re(y2r!5n be accepted by the Finance Department. BKD CPAs &Advisors August 17, 2021 Honorable Alicia Fleury, Mayor Members of Town Council Wade Carroll, Town Manager Mike Erwin, Finance Manager Town of Trophy Club, Texas 1 Trophy Wood Drive Trophy Club, TX 76262 14241 Dallas Parkway, Suite 11001 Dallas. TX 75254-2961 972.702.8262 1 fax 972.702.06731 bkd.com We appreciate your selection of BKD, u.P as your service provider and are pleased to confirm the arrangements of our engagement in this contract. Within the requirements of our professional standards and any duties owed to the public, regulatory, or other authorities, our goal is to provide you Unmatched Client Service®. In addition to the terms set forth in this contract, including the detailed Scope of Services, our engagement is governed by the following, incorporated fully by this reference: • HIPAA Business Associate Agreement • Terms and Conditions Addendum Summary Scope of Services As described in the attached Scope of Services, our services will include the following: Town of Trophy Club, Texas • Audit Services for the year ended September 30, 2021 Engagement Fees The fee for our services will be $39,000, which includes an administrative fee of four (4) percent to cover items such as copies, postage and other delivery charges, supplies, technology -related costs such as software licensing, user access, and research tools, and similar expense items. If a Single Audit is required, each major federal program will be billed at a cost of $7,000 each. P R A X I T Y 112 PO - 026 Town of Trophy Club, TX August 17, 2021 Page 2 Additional Costs Related to Implementing New Standards Assistance and additional time as a result of the adoption of new standards, such as those listed in the attached New Auditing and Accounting Standards, are not included within our standard engagement fees. These fees will be based on time expended and will vary based on the level of assistance and procedures required. Contract Agreement Please sign and return this contract to indicate your acknowledgment of, and agreement with, the arrangements for our services including our respective responsibilities. -FK / P. t- cp BKD, LLP Acknowledged and agreed to as it relates to the entire contract, including the Scope of Services, HIPAA Business Associate Agreement and Terms and Conditions Addendum, on behalf of the Town of Trophy Club, Texas. BY Wade Carroll, Town Manager DATE 4f/��20� BY%Ji� Mike Erwin. Finance Manager DATE 0130h 1 113 PO - 027 T( 7* f PURCHASE REQUISITION FORM TOWN OF TROPHY CLUB Date : 10/7/2021 Vendor (,flame &Address) Nafeco IS IS West Moulton St. Decatur. AL 35601 Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department FIRE Project# Account Number Description Ouantity Unit Amount Total Amount 01-255-79100 Intimidator UTV(per Quote CETM-OPTI attached 1 29,981.00 S 29,981.00 !1!!!E Co-op info: Total $ 29,981.00 Comments Requested by: Fi ance Approved by: Approved by: The Town or Trophy Club must have a completed Vendor Packet on file before a requlsltlon can be accepted by the Finance Department RE PO - 028 NAFECO 1515 West Moulton St. Decatur, AL 35601 1-800-628-6233fax 256-355-0852 Customer Information Name Trophy Club Fire Department Cust # Address 295 Trophy Club Drive City Trophy Club State/Zip TX 762 Phone (682) 237-2938 OPTIONS CETIM-OPT1 OPTIONS Date 8/16/2021 Order No. P.O.-# FOB Q Item Number Descri tion Unit Price Total 1.00 Intimidator UTV w/skid unit $26,995.00 1.00 Siren andspeaker (Option rice $624.00 1.00 Warning light bar w/s of and flood capability $862.00 "Additional options and pricing may be provided upon request — If you have any questions concerning this invoice please call 1-800-628-6233. Salesperson D. Thrasher Doris Thrasher, Apparatus Sales Manager doris.thrasher@nafew. com 115 Shipping $1,500.00 Tax Other Invoice total $29,981.00 PO - 029 POLRRIS Polaris Sales Inc SALES inn. 2100 Hwy 55, Medina (Hamel), MN 55340 Phone:866-468-7783 Fax:763-847-8288 Name: Jack Taylor Contact Information: Email: jtaylor@trophyclub.org Phone: 2149724604 Fax: Bill To: Trophy Club Fire Department 295 Trophy Club Dr Trophy Club, TX 76262 Ship To: Trophy Club Fire Department 295 Trophy Club Dr Trophy Club, TX 76262 Freight FOB Destination-CONUS US Continental (CONUS) Only gov.info@polaris.com www.polaris.com Quote Number: QUO-29655-Q1DOP2 Revision #: 0 Date: 8/9/2021 2:48 PM Quote Expires: 9/8/2021 Contract Name: Polaris Direct Contract #: Expiration Date: Cage: 3FP69 Duns#: 123399383 Tax ID#: 41-1921490 Customer#: Delivery Payment Payment Terms Terms Methods Visa 240 Days Net 30 Mastercard Wire Check Item # QTY Description MSRP Discount Price Extended D21BEPD4B4 1 2021 PRO XD 4000D $18,279.00 $17,010.85 $17,010.85 2883274 1 Crew Poly Roof (2889223) $539.99 $451.58 $451.58 2883300 1 1000's / Pro XD Hardcoat Poly Windshield (will accept Wiper) $519.99 $434.85 $434.85 2889379 1 Pro XD Fire / Rescue Skid w/9 HP electric start engine $16,609.49 $14,544.96 $14,544.96 2883773 1 1000's / Pro XD Poly Rear Panel $369.99 $309.41 $309.41 2884248 1 Pro XD 6 000 lb. Winch with Synthetic Rope $849.99 $710.82 $710.82 Comments: *Installation Pricing is Open Market SUBTOTAL INSTALL* FREIGHT TAX $33,462.47 $350.00 $0.00 $0.00 TOTAL $33,812.47 Quote: Pagelllbf 2 PO - 030 10) POLRRIS Polaris Sales Inc SALES inn. gov.info@polaris.com 2100 Hwy 55, Medina (Hamel), MN 55340 www.polaris.com Phone:866-468-7783 Fax:763-847-8288 Wire Payment: Phone: 1-888-799-4737 US Bank ABA#: 091 000 022 602 2nd Ave South Acct#: 1 702 2513 9170 Minneapolis, MN 55402 Ref: Polaris Direct PRO XD 4000D Premium Firefighting and Rescue Package PO#: Ship To Address: Name: Address: Address: Address: City, State & ZIP: Contact Name: Phone: Alternate Contact Name: Alternate Phone: Email: Credit Card Holder: Credit Card Type: Card Number: Expiration Date: VISA / Mastercard To accept this quotation, sign here and return: Printed name: Billing Address: Name: Address: Address: Address: City, State & ZIP: Contact Name: Phone: Alternate Contact Name: Alternate Phone: Email: Quote: Page I b? 2 PO-031 ASAP - OFF ROAD SPECIALTY VEHICLES 5609 GUNDY DRIVE MIDVALE, OH 44653 - 877-929-2727 www.asap91l.com Price Effective 0712112021 2021 SELECT SERIES QUOTE DEALER:ASAP DATE CUSTOMER: QUOTED BY CUSTOMER CUSTOMER EXTENDED NFT PRICE QTY PRICE SELECT BASE UNIT FLATBED $24,516 $0 CHASSIS AND CAB STANDARD FEATURES Modified Intimidator UTV 04 Standard White Paint Color - Hood & Dash 997cc Gas Liquid -Cooled Electronic Fuel -Injected Power Plant On Demand Four Wheel Drive Fully Independent, Heavy Duty Suspension Power Steering ROPS Roll bar Roof - Tread Plate Mirrors - Lt & Rt & Rear View Step - Rear BED COMPARTMENT STANDARD FEATURES '*', All Aluminum Construction Powder Coat (Black) Front Bulkhead Panel LIGHTING STANDARD FEATURES Headlights Tail Lights xT -- • TIRES AND WHEELS STANDARD FEATURES Off -Road Tires Aluminum Wheels - 4 Wheels SELECT SERIES MODIFICATION KITS ', '. $4,357 0 $0 Trail Rescue Mod Kit ,f a Aluminum Upright Side Rails - 96"L x 36"H (Qty 2) Waterproof Vinyl Seat Back Cushion For Bench Seat (Qty 1) Bench Seat - 88"Lx12"WX20"H w/Open Front & Waterproof Vinyl Seat Cushion (Qty 1) 'Aluminum Tool Box w/ Stokes Basket Mount on Hinged Lid (Basket Not Included) OR 'Cot Mounting System (Cot Not Included) Note: Asterisk (') Denotes One of These Must be Chosen as Standard LifeGuard Mod Kit $6,427 0 $0 Aluminum Upright Side Rails - 96"L x 36"H (Qty 2) 2" Square tubing Roof Support System 22"H Aluminum Tread Plate Roof - 84"L x 56"W Waterproof Vinyl Seat Back Cushion For Bench Seat (Qty 1) Bench Seat - 88"Lx12"WX20"H w/Open Front & Waterproof Vinyl Seat Cushion (Qty 1) `Aluminum Tool Box w/ Stokes Basket Mount on Hinged Lid (Basket Not Included) OR `Cot Mounting System (Cot Not Included) Note: Asterisk (') Denotes One of These Must be Chosen as Standard Transports Ro Kit '',� � ���; - $4,138 v �` �; 0 $0 Aluminum Upright Side Rails - 96"L x 36"H (Qty 2) Waterproof Vinyl Seat Back Cushion For Bench Seats (Oty 2) Bench Seats - 88"Lx12"WX20"H w/Open Front & Waterproof Vinyl Seat Cushion (Qty 2) Roughneck Mod Kit 118 $2,393 0 $0 P Cye =of 30 ^ ^ ASAP - OFF ROAD SPECIALTY VEHICLES " 5609 GUNDY DRIVE MIDVALE, OH 44653 877-929-2727 www.asap9ll.com ^+ ` Price Effective 0712112021 2021 SELECT SERIES QUOTE DEALER: ASAP DATE CUSTOMER: QUOTED BY CUSTOMER CUSTOMER EXTENDED NET PRICE QTY PRICE Aluminum Tool Boxes With Lid - 22.5" W x 85.50 L x 15.0" H (Qty 2) Gas Shocks On Lid (Qty 2) Lid Latches - S.S. Positive Latches (Qty 2) Heavy Hauler without Dump Mod Kit Powder Coated 0.125" Aluminum Side Rails - 10"H w/ 2"x4" Stake Pockets (Qty 2) Powder Coated 0.125" Aluminum Fold Down Tailgate - 10"H w/ 2"x4" (Qty 1) Heavy Hauler with Dump Mod Kit Powder Coated 0.125" Aluminum Side Rails - 10"H w/ 2"x4" Stake Pockets (Qty 2) Powder Coated 0.125" Aluminum Fold Down Tailgate - 10"H w/ 2"x4" (Qty 1) Electric Dump - 1.125" D Cylinder w/2200 Ibs Lift each (Qty 2) Rear Step Will Be Removed For Dumping Clearance $1,957 $3,594 0 0 $0 $0 CHASSIS AND CAB OPTIONS Air Conditioning - Generator 4000 Watt (Deep Cycle Battery Package and Cab Required) $6,515 0 $0 Backup Alarm $192 0 $0 Cab - Mounted to ROPS Roll Bar w/ Glass Windshield and TPO Doors $5,222 0 $0 Deep Cycle Battery, On Board Charger, Manual Shoreline $1,162 0 $0 Auto Eject Shoreline in Place of Manual Shoreline $305 0 $0 Generator Only Package 4000 Watt (Deep Cycle Battery Req'd, Not Available with Dump Mod) $4,526 0 $0 Generator Voltage - 220 volt 50HZ System Upgrade $300 0 $0 Guard - Brush $300 0 $0 Heat Control Package - Cab/Engine (Cab Required) $611 0 $0 Heater - Under Dash w/ Defroster Fan (Cab Required Heat Package Recommended) $1,151 0 $0 Rear Hitch Receiver $512 0 $0 SCBA Level "A" Seat Back — Driver and Passenger (Cab Required) $2,178 0 $0 Siren and Speaker $616 0 $0 Skirting - Aluminum Treadplate $955 0 $0 Steel Mesh Windshield $921 0 $0 Switch Panel - Four Position $212 0 $0 Tailpipe $305 0 $0 Winch — Front 4500 LB $1,008 0 $0 Winch - Multi 4500 LB (Includes Rear Hitch Receiver) $1,947 0 $0 Windshield - Glass w/ wiper $1,231 0 $0 Windshield - Glass $776 0 $0 MODULE BED OPTIONS Outlet - 110 Volt (Generator Package Required) $169 0 $0 Outlet - 12 Volt $142 0 $0 Paint — Custom Paint Color (other than standard white) $836 0 $0 Modified Bench Seat (enclosed storage with 1 side access doors) $736 0 $0 D-Rings four (4) mounted in bed $183 0 $0 Lower Side Panel - Left Side 12" Tall $207 0 $0 Fire Extinguisher — 2 lb ABC (Max 2) $89 0 $0 LIGHTING OPTIONS LED Front Scene/Work Lights (Qty 2) (Requires Deep Cycle Battery) $273 0 $0 LED Rear Scene/Load Light (Requires Deep Cycle Battery) $175 0 $0 LED Side Scene Lights $709 0 $0 Telescoping Light — 500 Watt 120 volt (Generator Package Required) $1,101 0 $0 Turn Signals $469 0 $0 LED Light Bar $768 0 $0 LED Emergency Lights — Four $818 0 $0 TIRE OPTIONS ] ] 9 P �yge 2-f 3 033 ASAP - OFF ROAD SPECIALTY VEHICLES 5609 GUNDY DRIVE MIDVALE, OH 44653 877-929-2727 www.asap9ll.com '•? Price Effective 0712112021 2021 SELECT SERIES QUOTE DEALER:ASAP DATE CUSTOMER: QUOTED BY CUSTOMER CUSTOMER EXTENDED NET PRICE QTY PRICE Turf Tires - Carlisle All Trail ATV 27" Tires Four (4) $975 0 $0 Spare Tire (1) - Carlisle All Trail w/Aluminum Rim $381 0 $0 Run Flat Tires - 4 Tires $1,636 0 $0 Spare Tire (1) - Surefoot Kevlar w/Aluminum Rim $490 0 $0 Spare Tire (1) - Standard Stock Off -Road Tire w/Aluminum Rim $581 0 $0 TOTAL SELECT SERIES CUSTOMER PRICE $0 CUSTOMER REQUESTED ITEMS $0 $0 $0 $0 $0 $0 TOTAL PRICE TO CUSTOMER $0 Terms - 25% Down on Receipt of Order and Payment in Full Upon Delivery r � EINA CING AVA1LA1BLE",, , d ASAP Prices are valid for 30 Days Estimated Annual Payment (5 yrs) $0 FOB Midvale, OH if No Shipping Fee is Quoted Estimated Monthly Payment (60 mos) $0 Contact ASAP for a Formal Quote Accepted this Signature Title Purchase Order No. Day of 2021 'Results received from these estimates are designed for comparative purposes only, and accuracy is not guaranteed. Alternative Support Apparatus, LLC does not guarantee the accuracy of any information available on this financing quote, and is not responsible for any errors, omissions, or misrepresentations. All financing is handled through a third party. This calculator does not have the ability to pre - qualify you for any financing program. Qualification for loan programs may require additional information 120 PO 3_f3 034 I c*::,- TOWN OF TROPHY CLUB Date : 10/8/2021 Vendor (Name & Address) Silsbee Fleet Group 1211 Hwy. 96 North Silsbee, TX 77656 PURCHASE REQUISMON FORM Delivery Address I Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Parks & Rec Project# Account Number Description Quantity Unit Amount Total Amount 07400-83700 2021 F150 Crew Cab 4x2 5'5 Bed 1 36,248.50 $ 36,248.50 07-450-83700 2021 F150 Crew Cab 4x2 515 Bed 1 36,248.50 $ 36,248.50 Co-op info: Total $ 72,497.00 Silsbee Fleet Group is an Active Vendor. Comments 2 Requested by: Finance Approved by: -3,AOCAA ;d 60 f -- I 121 Approved by: The Town of Trophy Club must have a completed Vendor Packet op Cr=regCf!/by 5 be accepted by the Finance Department. PRODUCT PRICING SUMMARY BUYBOARD CONTRACT #601-19 Vehicles and Heavy Duty Trucks VENDOR --Silsbee Ford, 1211 Hwy 96 N., Silsbee TX 77656 End User: TOWN OF TROPHY CLUB Contact: Tony Jaramillo 817-538-1489 Email: TJARAMILL0@TR0PHYCLUB.0RG Product Description: FORD F150 A. Bid Series: 123 B. Published Ontions [Itemize each below] Prepared by: RICHARD HYDER Phone: (409) 300-1385 Email: rhvder.cowbovfleett_gmail.com Date: October 12, 2021 A. Base Price: $ 18,188.00 Code Options Bid Price Code Options Bid Price WIC 2021 F150 SUPER CREW 4X2 55 BED $ 10,535.00 XL3 ELECTRONIC LOCKING AXLE $ 390.00 AS INTERIOR VINYL 40/20/40 $ - TRAILER BRAKE CONTROLLER $ YZ EXTERIOR WHITE $ 995 5.OL V8 GAS $ 1,995.00 IOTA IOTA MID PKG INCLUDING: $ 970.00 REAR VIEW CAMERA POWER GROUP CRUISE BLUETOOTH REVERSE SENSING 53A TRAILER TOWING PKG $ 1,090.00 Total of B. Published Options:) $ 14,980.00 C. Unnublished Ontions [Itemize each below. not to exceed 25%] S= 7.7 % Options Bid Price Options Bid Price SPRAY IN BEDLINER $ 495.00 SO MAGNUM AMBER/BLUE LED LIGHTBAR WITH $ 1,275.00 TRAFFIC ADVISOR AMBER/BLUE LEDS GRILL MOUNT $ 200.00 AMBER/BLUE LEDS REAR LIC PLATE MOUNT $ 200.00 INSTALLATION $ 375.00 D. E. F. G. H I. J. K. L. M. Pre -delivery Inspection: Texas State Inspection: Manufacturer Destination/Delivery: Floor Plan Interest (for in -stock and/or equipped vehicles): Lot Insurance (for in -stock and/or equipped vehicles): Contract Price Adjustment: Additional Delivery Charge: Subtotal: Quantity Ordered Trade in: 305 miles 2 xK= Total of C. Unpublished Options:) $ 2,545.00 $ - $ - $ - $ - $ - $ 533.75 $ 36,246.75 $ 72,493.50 N. BUYBOARD Administrative Fee ($400 per purchase order) $ 400.00 O. TOTAL PURCHASE PRICE INCLUDINPIUARDO $ 72,893.50 Vehicle/Equipment Evaluation Summary Report Item #: Evaluation/Report Date: 10/8/2021 Department Assignment: Parks and Recreation Year: 2011 Make: Ford Model: F 150 Description/Use: Parks and Recreation Truck Summary Values Age 5 Base Age from Policy 5 Points: 4 Mileage 58670 Base Mileage 80,000 Points: 0 Purchase Cost: $33,460 Total M&R: $8,700 Points: 4 Book Value: $16,515 Est Repair Cost: $3,501 Points: 4 Total Points 12 Comments and other considerations: M&R based off 10 years annual maintenance and 4 new tires. Repair costs based on cost estimates for side mirror, dent repair, trim repair, and hail damage. 123 PO - 037 Vehicle/Equipment Evaluation Summary Report Item #: Department Assignment: Parks & Rec Evaluation/Report Date: 10-8-2021 Year: 2008 Make: Ford Model: F-1 Description/Use: Ford F-150 Super —cab/ Parks Truck Summary Values Age 13 Base Age from Policy 13 Points: 4 Mileage 90,755 Base Mileage 80,00 Points: 3 Purchase Cost: $17,900 Total M&R: $10,00 - $13,00 Points: 3 Book Value: $6,540 - $8,135_Est Repair Cost: $800 - $1,000 Points: 2 Total Points 12 Comments and other considerations: Truck needs new Tires and Brakes Transmission and Motor needs extensive repairs or replacement, 124 PO - 038 C*:-:,� TOWN OF TROPHY CLUB Date : 10/7/2021 Vendor (Name & Address) Perry Weather 1355 Motor Circle Dallas, Texas 75207 PURCHASE REQUISITION FORM Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Parks and Rec Project# Account Number Description uanti Unit Amount Total Amount 07-400-83700 Install two 3 Perry Weather Outdoor Warning Systems 3 19,719.00 $ 59,157.00 Location - Independence Park Community Pool and Harmony Park Co-op info: JBUYBOARD NO.647-21 Total $ 59,157.00 Vendor Packet Updated Vendor is active This request is Comments for FY 22 as supplemental items ,e(1, 12., Requested by. Finance Approved by: 125 Approved by: The Town of Trophy Club must have a completed Vendor Packet 01i IDe j:.req fNtio (a1- be accepted by the Finance Department. perry9weather Town of Trophy Club - 3 OWS Town of Trophy Club Tony Jaramillo Trophy Club, TX tjaramillo@trophyclub.org 682-237-2923 Products & Services Item & Description Software Subscription Subscription to Perry Weather software -Web & mobile app access -GPS Tracking -Policy Enforcement -Website widget integration -50 users accounts for Parks & Recreation Staff Outdoor Warning System (OWS) + Public Address (PA) Weather Station (WxS), with Existing OWS Full -Service Installation - Outdoor Warning System (OWS) Full -Service Installation - Weather Station (WxS), with Existing OWS Reference: 20211004-105027841 Quote created: October 4, 2021 Quote expires: January 2, 2022 Quote created by: Colin Perry CEO colin@perryweather.com +1 (281) 757-1175 Quantity Unit Price Total 3 $1,999.00 / year $5,997.00 / year for 7 years 3 $12,999.00 $38,997.00 2 $4, 859.00 $9, 718.00 3 $1,249.00 $3, 747.00 2 $349.00 $698.00 126 PO-040 Subtotals Annual subtotal One-time subtotal Questions? Contact me Colin Perry CEO coIin@perryweather.com +1 (281) 757-1 175 Perry Weather 1355 Motor Circle Dallas, Texas 75207 United States 127 $5, 997.00 $53,160.00 Total $59,157.00 BuyBoard No: 647-21 PO-041 T(Ca! TOWN OF TROPHY CLUB Date: 10/ 11 /2021 Vendor (Name & Address) GameTime c/o Total Recreation Products 17802 Grant Road Cypress, Texas 77429 PURCHASE REQUISITION FORM Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Pakrs and Rec. Project# Account Number Description uanti Unit Amount Total Amount 18-400-83700 Replacement of pla._yground at Independence Park West 1 159,585.81 $ 159,585.81 18400-83700 10 percent contingency 1 15,958.00 $ 15,958.00 Co-op info: IBuyBoard #592-19 Total $ 175,543.81 Vendor Packet Updated Vendor is active Parkland Dedication Funds will be utilized for the replacment of the playground. Comments Requested by: Approved by: r Finance Approved by: 128 The Town of Trophy Club must have a completed Vendor Packet oP i5e a regN 2 be accepted by the Finance Department. GameTime A PLA; CORE-: C-p-, Go Total Recreation Products, Inc. 17802 Grant Road Cypress, Texas 77429 Phone: 281-351-2402 Toll Free: 800-392-9909 Fax:281-351-2493 10/08/2021 Quote #100647-01-07 TP-08049-20 REV 3 - Independence Park - Custom PowerScape Ramped Unit Town of Trophy Club Ship to Zip 75241 Attn: Tony Jaramillo 1 Trophy Wood Drive Trophy Club, TX 76262 Phone:817-538-1489 Fax:817-490-0705 taramillo@trophyclub.org RDU GameTime - TP-08049-20-2A1 R2 Custom PowerScape Ramped Unit 2-12 $85,245.00 $85,245.00 1 Match GameTime - 2021 GameTime Matching Funds Program- ($42,622.50) ($42,622.50) Matching Funds 100% funds match for Payment in Full due at the time of your order. 1 178749 GameTime - Owner's Kit $60.00 $60.00 Contract: Buy Board Contract #592-19 Sub Total $42,682.50 Material Surcharge $11,838.84 Estimated Freight $5,613.27 Comments Freight Calculated to Installer Address (Surfacing, Accessories and Install on Quote #100647-01-05) MATCHING FUNDS ARE AVAILABLE THROUGH NOVEMBER 2nd, 2021 OR UNTIL EXHAUSTION OF FUNDS. Important Terms & Conditions - Please Review To place an order, you must provide this Price Quotation, signed by an authorized purchaser, with a check made payable to GameTime. This quotation explicitly excludes any and all items not expressly specified or identified above. No other product, equipment, or service is included, regardless of any Contract Document, Contract Section, Plans, Specifications, Drawing, or Addendum. Delivery for most GameTime equipment is approximately 10-12 weeks after all order documents have been received and payment terms have been approved. A current, approved credit application is required for N30 terms. To place an order, you must provide a purchase order or a signed Total Recreation Products, Inc. (hereafter described as TRP) quote, assigned to GameTime. Neither general contractor nor subcontractor contracts can be accepted. Purchase documents that contain indemnity or hold harmless conditions cannot be accepted. Retainage is not permitted. The following must be received before your order can be processed: complete billing and shipping addresses, a contact name and phone #, and all color choices. Manufacturer's colors may vary from year to year. You are responsible for ensuring that any required submittal approvals are completed before placing your order for processing. TRP reserves the right to limit submittals to one copy. Shop drawings, bluelines, sepias, are not available. Closeout documents may be limited to GameTime or TRP standard issue. If Sales Tax Exempt, a copy of your tax exemption form or resale certificate must accompany your order, or any applicable sales tax, will be added to your invoice. Most GameTime products are shipped from the Ft. Payne, AL plant. GameTime cannot hold orders or store equipment. Equipment is invoiced when shipped. If a cash sale, your payment must be received in full before the order will be processed. Contractors must also provide copies of current, fully executed bid/performance/payment bonds, as applicable. Pricing shown does not include any charges for permits, bonding, prevailing wage, or additional insured certifications. Unless otherwise noted, any quantity of surfacing or playcurbs quoted has been calculated specifically for the equipment and layout shown. No additional surfacing or curbing is included, and no allowance has been made, for an unleveled, convoluted or larger site, or for a different layout. Neither GameTime nor TRP is responsible for any surface, curbing, border, or drain that is provided by others. Also please confirm that your area is adequate for the equipment that you are purchasing. 129 Page 1 of 3 PO-043 Ph'o'ne: al Recreation Products, Inc. 10/08/2021 GarrteTirr�e 7Grant Road Cypress, Texas 77429 Quote #100647-01-07 281-351-2402 Toll Free: 800-392-9909 A PjAr"CORE cnmreor Fax: 281-351-2493 TP-08049-20 REV 3 - Independence Park - Custom PowerScape Ramped Unit Installation charges, if quoted, are for a "standard" installation unless specifically noted to be otherwise. Installation charges are due upon completion. Standard installations are based upon a soil work site, that is freely accessible by truck, (no fencing, treellandscaping or utility obstacles, etc.), and level, (+/- 1-2% maximum slope). An accessible water source must be available to the installer. Any site work that is not expressly described is excluded. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Standard installations generally require from 2-10 business days to complete, depending upon the amount and type of equipment, site conditions, weather, and the installer's schedule. Work may or may not be performed in consecutive days. Playcurbs are staked in, not set in concrete. Engineered wood fiber and shredded rubber surfacings are spread, not compacted, rolled, or watered. Landscape timbers are not warranted. The Customer is responsible for locating and clearly marking all underground utilities in the installation area before any installation work can begin. The installer is not responsible for damages, repairs, or discontinuance of business due to damaged utilities. If applicable, sprinkler system locates, re -working and repairs are excluded from installation charges. Installation of all products, (equipment, borders, fall surfacing and amenities) are as quoted and approved by acceptance of quotes and drawings. As a precautionary measure, work in progress areas will be taped off at the end of the workday. Pier spoils from installation shall be spread at site, site will be left rough grade. The installer is not responsible for any damages or re -work resulting from after hours events or activities during the work in progress period. Temporary fencing is only provided by specific request, and additional charges will apply. Collectively and/or individually, not the manufacturer, TRP, their representatives, nor the installation company shall be held liable for any damages resulting from misuse, vandalism, or neglect. Any deviations from approved and accepted placement of all items, along with additional work, over and above quoted items, will be chargeable to the customer. Once work is completed the customer will be notified if present at the job site, and all responsibility of any new work will be transferred to the customer. The customer is responsible for maintaining the integrity of completed installation work until all components have seated and/or cured (concrete footings, etc.). Your project site must be completely -prepared and ready to receive your equipment before any installation work begins. Acquisition of any and all permits is the sole responsibility of the customer. Additional charges may be billed for any extra hours or trips needed as a result of the work site not being ready. Neither the installation contractor, GameTime nor TRP will be responsible for delays caused by shortages, incorrect parts, weather conditions, other contractors, or lack of site readiness. If you are receivingyouur equipment,youu are responsible for unloading and accepting delivery from the freight company and reporting any damaged freight or shortages on the freight bill at the time. You will also be responsible for a complete inventory of your received equipment and reporting any discrepancies to us immediately. Neither the freight company nor the manufacturer will resolve shipment discrepancies that are not reported immediately. Make sure that all items have been received before any type of installation work is scheduled. The freight carrier will be instructed to call your designated contact 24 hours before delivery to arrange a delivery appointment. Once accepted, orders can only be changed or canceled with the consent of GameTime and TRP, and on terms that will indemnify them against loss. Changed or canceled orders are subject to a $100.00 service charge. Additionally, canceled orders are subject to a 25% restocking fee, plus freight charges (to and from). Built -to -order equipment orders are non -cancelable. Changes to orders that have been shipped and invoiced are subject to the above $100.00 service charge plus additional restocking/return charges of 25%. Non -returnable items shall be charged at full invoice value. Any return transportation charges shall be for the Buyer's account. Replacement parts are also subject to the cancellation/returns policy. Please carefully review any research information that has been sent to you and confirm that you are ordering the correct replacement parts for your equipment This quotation is valid 30 days. After 30 days,_please request an updated quote. Prices may be subject to material and fuel surcharges at the time of shipment and are subject to change without notice. Current prices will apply at the time of shipment. Acceptance of this quote indicates your agreement to GameTime's credit terms, which are net 30 days, FOB shipping with approved credit. Any deviations from this proposal may invalidate the quoted pricing and/or terms. THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO GAMETIME, C/O TOTAL RECREATION. Please complete and return with your required form of payment: Acceptance of quotation: Accepted By (printed): _ Signature: Title: Facsimilie: P.O. No: Date: Phone: Purchase Amount: $60,134.61 130 Page 2 of 3 PO - 044 Go Total Recreation Products, Inc. 10/08/2021 p 17802 Grant Road Cypress, Texas 77429 Quote #100647-01-07 Phone:281-351-2402 Toll Free: 800-392-9909 i= (n 'CbRL co n+nv Fax: 281-351-2493 TP-08049-20 REV 3 - Independence Park - Custom PowerScape Ramped Unit Order Information: Bill To: Company: Attn: Address: City, State, Zip: Contact: Email Address: Tel: Fax: Ship To: Company: Attn: Address: City, State, Zip: Contact: Email Address: Tel: Fax: For non-taxable purchases: Please also provide a copy of your Sales Tax Exemption Certificate or Resale Certificate. 131 P09=3of045 CGameTime) Go Total Recreation Products, Inc. 17802 Grant Road Cypress, Texas 77429 Phone: 281-351-2402 Toll Free: 800-392-9909 Fax: 281-351-2493 10/01 /2021 Quote #100647-01-06 TP-08049-20 REV 3 - Independence Park - Surfacing & Installation for Ramped Unit Town of Trophy Club Ship to Zip 76262 Attn: Tony Jaramillo 1 Trophy Wood Drive Trophy Club, TX 76262 Phone: 817-538-1489 Fax:817-490-0705 tjaramillo@trophyclub.org RFQ30902 GT-Impax - 2,915sf of Pour In Place Rubber Surfacing- $53,974.90 $53,974.90 50%Black/50% Standard EPDM Color - Aromatic Binder Non -Prevailing Wages; 3.75% System Depth for 8'CFH Installation schedule to be determined by weather conditions allowing for proper material set up and curing. quote does not include any tenting or artificial heating. Assumes good access, no design, & subase/site prep by others. Price includes discount of $11,611.19 and freight to zip code 76262 INSTALL GameTime - Installation - Installation of Custom Ramped playground Unit shown on quote 100647-01-04, 2,915 SF of compacted stone sub -base for PIP and concrete ramp w/concrete curbs. Includes Demo and haul off of the existing Gametime equipment - remove small blue standing piece and leave on site for the City. Existing EWF to be removed and set aside on site. No other site work, demolition or concrete work included. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Contract: Buy Board Contract #592-19 Comments Surfacing & Installation Only for Equipment Shown on Quote #100647-01-04 Important Terms & Conditions - Please Review $45,476.30 $45,476.30 Sub Total $99,451.20 To place an order, you must provide one of the following: a Purchase Order assigned to GameTime; or this Price Quotation, signed by an authorized purchaser, with a check made payable to GameTime. GameTime will also accept payment by Visa, MasterCard, or American Express. A current approved credit application is required for Net 30 terms. 132 Page 1 of 3 PO-046 Go Total Recreation Products, Inc. 10/01/2021 17802 Grant Road Cypress, Texas 77429 Quote #100647-01-06 CGameTim;� Phone:281-351-2402 Toll Free: 800-392-9909 A,P[A-CORE C--P-, Fax: 281-351-2493 TP-08049-20 REV 3 - Independence Park - Surfacing & Installation for Ramped Unit This quotation explicitly excludes any and all items not expressly specified or identified above. No other product, equipment, or service is included, regardless of any Contract Document, Contract Section, Plans, Specifications, Drawing, or Addendum. Delivery for most GameTime equipment is approximately 10-12 weeks after all order documents have been received and payment terms have been approved. A current, approved credit application is required for N30 terms. To place an order, you must provide a purchase order or a signed Total Recreation Products, Inc. (hereafter described as TRP) quote, assigned to GameTime. Neither general contractor nor subcontractor contracts can be accepted. Purchase documents that contain indemnity or hold harmless conditions cannot be accepted. Retainage is not permitted. The following must be received before your order can be processed: complete billing and shipping addresses, a contact name and phone #, and all color choices. Manufacturer's colors may vary from year to year. You are responsible for ensuring that any required submittal approvals are completed before placing your order for processing. TRP reserves the right to limit submittals to one copy. Shop drawings, bluelines, sepias, are not available. Closeout documents may be limited to GameTime or TRP standard issue. If Sales Tax Exempt, a copy of your tax exemption form or resale certificate must accompany your order, or any applicable sales tax, will be added to your invoice. Most GameTime products are shipped from the Ft. Payne, AL plant GameTime cannot hold orders or store equipment. Equipment is invoiced when shipped. If a cash sale, your payment must be received in full before the order will be processed. Contractors must also provide copies of current, fully executed bid/performance/payment bonds, as applicable. Pricing shown does not include any charges for permits, bonding, prevailing wage, or additional insured certifications. Unless otherwise noted, any quantity of surfacing or playcurbs quoted has been calculated specifically for the equipment and layout shown. No additional surfacing or curbing is included, and no allowance has been made, for an unleveled, convoluted or larger site, or for a different layout Neither GameTime nor TRP is responsible for any surface, curbing, border, or drain that is provided by others. Also please confirm that your area is adequate for the equipment that you are purchasing. Installation charges, if quoted, are for a "standard" installation unless specifically noted to be otherwise. Installation charges are due upon completion. Standard installations are based upon a soil work site, that is freely accessible by truck, (no fencing, tree/landscaping or utility obstacles, etc.), and level, (+/-1-2% maximum slope). An accessible water source must be available to the installer. Any site work that is not expressly described is excluded. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Standard installations generally require from 2-10 business days to complete, depending upon the amount and type of equipment, site conditions, weather, and the installer's schedule. Work may or may not be performed in consecutive days. Playcurbs are staked in, not set in concrete. Engineered wood fiber and shredded rubber surfacings are spread, not compacted, rolled, or watered. Landscape timbers are not warranted. The Customer is responsible for locating and clearly marking all underground utilities in the installation area before any installation work can begin. The installer is not responsible for damages, repairs, or discontinuance of business due to damaged utilities. If applicable, sprinkler system locates, re -working and repairs are excluded from installation charges. Installation of all products, (equipment, borders, fall surfacing and amenities) are as quoted and approved by acceptance of quotes and drawings. As a precautionary measure, work in progress areas will be taped off at the end of the workday. Pier spoils from installation shall be spread at site, site will be left rough grade. The installer is not responsible for any damages or re -work resulting from after hours events or activities during the work in progress period. Temporary fencing is only provided by specific request, and additional charges will apply. Collectively and/or individually, not the manufacturer, TRP, their representatives, nor the installation company shall be held liable for any damages resulting from misuse, vandalism, or neglect. Any deviations from approved and accepted placement of all items, along with additional work, over and above quoted items, will be chargeable to the customer. Once work is completed the customer will be notified if present at the job site, and all responsibility of any new work will be transferred to the customer. The customer is responsible for maintaining the integrity of completed installation work until all components have seated and/or cured (concrete footings, etc.). Your project site must be comp letely_prepared and ready to receive your equipment before any installation work begins. Acquisition of any and all permits is the sole responsibility of the customer. Additional charges may be billed for any extra hours or trips needed as a result of the work site not being ready. Neither the installation contractor, GameTime nor TRP will be responsible for delays caused by shortages, incorrect parts, weather conditions, other contractors, or lack of site readiness. 133 Page 2 of 3 PO-047 ') Go Total Recreation Products, Inc. 10/01/2021 17802 Grant Road Cypress, Texas 77429 Quote #100647-01-06 CGamewm�Phone:281-351-2402 Toll Free: 800-392-9909 A PJ!1* C0RC c—a-, Fax: 281-351-2493 TP-08049-20 REV 3 - Independence Park - Surfacing & Installation for Ramped Unit If you are receivingyouur equipment, -you are responsible for unloading and accepting delivery from the freight company and reporting any damaged freight or shortages on the freight bill at the time. You will also be responsible for a complete inventoryof your received equipment and reporting any discrepancies to us immediately. Neither the freight company nor the manufacturer will resolve shipment discrepancies that are not reported immediately. Make sure that all items have been received before any type of installation work is scheduled. The freight carrier will be instructed to call your designated contact 24 hours before delivery to arrange a delivery appointment. Once accepted, orders can only be changed or canceled with the consent of GameTime and TRP, and on terms that will indemnify them against loss. Changed or canceled orders are subject to a $100.00 service charge. Additionally, canceled orders are subject to a 25% restocking fee, plus freight charges (to and from). Built -to -order equipment orders are non -cancelable. Changes to orders that have been shipped and invoiced are subject to the above $100.00 service charge plus additional restocking/return charges of 25%. Non -returnable items shall be charged at full invoice value. Any return transportation charges shall be for the Buyer's account. Replacement parts are also subject to the cancellation/returns policy. Please carefully review any research information that has been sent to you and confirm that you are ordering the correct replacement parts for your equipment This quotation is valid 30 days. After 30 days,_please request an updated quote. Prices may be subject to material and fuel surcharges at the time of shipment and are subject to change without notice. Current prices will apply at the time of shipment. Acceptance of this quote indicates your agreement to GameTime's credit terms, which are net 30 days, FOB shipping with approved credit. Any deviations from this proposal may invalidate the quoted pricing and/or terms. THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO GAMETIME, C/O TOTAL RECREATION. Please complete and return with your required form of payment: Acceptance of quotation: Accepted By (printed): _ Signature: Title: Facsimilie: Order Information: Bill To: Company: Attn: Address: City, State, Zip: Contact: Email Address: Tel: Fax: P.O. No: Date: Phone: Purchase Amount: $99,451.20 Ship To: Company: Attn: Address: City, State, Zip: Contact: Email Address: Tel: Fax: For non-taxable purchases: Please also provide a copy of your Sales Tax Exemption Certificate or Resale Certificate. 134 Page 3 of 3 PO-048 C TOWN OF TROPHY CLUB Date: 10/ 11 /2021 Vendor (Name & Address) Professional Turf Products 1010 North Industrial Blvd Euless, Texas 76039 PURCHASE REQUISITION FORM Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Pakrs and Rec. Project# Account Number Description Ouantitv Unit Amount Total Amount 07400-83700 Replacement of a Toro Multi Pro Spray Rig 1 41,191.55 $ 41,191.55 07400-83700 Replacement of a Toro 36" Grandstand 1 7,756.95 $ 7,756.95 Co-op info: JBuyBoard #611-20 Total $ 48,948.50 Vendor Packet Updated Vendor is active This request was approved for FY 22 as capital replacement items. Comments Vz Requested by: Finance Approved by: 135 Approved by: The Town of Trophy Club must have a completed Vendor Packet o fi iDe a req04 9 be accepted by the Finance Department. 9. PROFESSIONAL r r ar__.r a itJIc,LL' Professional Turf Products, L.P. 1010 North Industrial Blvd. Euless, Texas 76039 Kyle Mitchell (817)201-4444 mitchellk@proturf.com F!I V ti 2 b-+3�k'� Count on it. fK Ship To Town Of Trophy Club - Parks Dept. Date: 10 7 2021 Bill To BUYBOARD CONTRACT # 611-20) - Credit Cards Not Accepted Tax Rate Contact Tony laramillo Destination Address 11514 Bulverde Rd., Trophy Club, TX 75001 Trade -In Finance Phone Account Type Contract Email MS: ID Q75745 Comments: Qty Model # Proposal Description Selling Price 1 41188 Multi Pro 1750 11 120-0705 Light Blue 1.00 gpm nozzle @ 40 PSI 1 106-4843 Heat Shield Blanket Kit (Recommended for Hose Reel kit operation) 1 131-6690 Seat Cover Small Grey 1 41118 Hand Spray Wand Kit 1 131-3751 Multi Pro MVP Kit Multi Pro 1750 $ 41,191.55 74534 15 HP Kawasaki FS w/ 36" TURBO FORCE Deck 110-2080 RECYCLER KIT - 36" LCE $ 7,756.95 SubTotal $ 48,948.50 Destination Included Tax Has Not Been Added $ - TOTAL $ 48,948.50 Comments: For all New Equipment, Demo units may be available for up to 20% savings. For all New Equipment, Refurbished units may be available for up to 40% savings. Due to unexpected issues with much of our supply chain, we are experiencing longer lead times that we have seen in the past Terms & Conditions: 1. Orders are considered contractual. Order cancellations are subject to fees up to 10% of the original order value. 2. New equipment delivery time will be determined once credit is approved & documents are executed. 3. Pricing, including finance options, valid for 30 days from time of quotation. 4. Payments by Credit Card are subject to convenience fee. S. After 30 days all prices are subject to change without notice. 136 Confidential Property of Professional Turf Products PO - 050 Page 1 of 2 6. Used and Demo equipment is in high demand and availability is subject to change. A. Upon firm customer commitment to purchase, said equipment availability will be determined and "locked". B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute. C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation. 7. "Trade In Allowances" will be treated as a credit for future parts purchases on PTP account unless other arrangements have been made. Returns Policy: 1. All returns are subject to restocking, refurbishing, usage, and shipping fees. 2. All returns must be able to be sold as new. 3. Items missing parts are non returnable. 4. Professional Turf Products will have sole discretion as to the resalable condition of the product. S. This policy does not apply to items that are defective, or shipped incorrectly by PTP or one of its vendors. Payment: 1. Terms are net 10 unless prior arrangements have been made. 2. Quoted prices are subject to credit approval. A. PTP will work with third party financial institutions to secure leases when requested to do so. B. When using third party financiers, documentation fees & advance payments may be required. C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation. D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process. 3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices. 4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default. This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made. Authorized Signature: 137 Date: Confidential Property of Professional Turf Products PO - 051 Page 2 of 2 Ci TOWN OF TROPHY CLUB Date : 10/12/2021 Vendor (Name & Address) Yellowstone Landscape PO Box 205742 Dallas, Texas 75320 PURCHASE REQUISMON FORM Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Parks Project# Account Number Description Quantity Unit Amount Total Amount 01-400-67000 Mowing services for various town properties - Group 2 36 581.00 $ 20,916.00 01-400-67000 Mowing services for various town properties - Group 3 18 966.00 $ 17,388.00 09-400-67000 Mowing services for Trophy Club Park 10 1,120.00 $ 11,200.00 Co-op info: Total $ 49,504.00 Vendor Packet Updated Vendor is active The properties listed are budgeted for FY 22 Comments Requested by: Approved by: Finance Approved by: 138 The Town of Trophy Club must have a completed Vendor Packet o fil of e a req 652 be accepted by the Finance Department. Yellowstone Landscape Town of Trophy Club Landscape Services Item # Estimated Quantity of Services Per Year Description of Services Map # Unit Cost Extended Price GROUP 6 - Trophy Club Park Maps 53-57 54 Trophy Club Park entrance/roadway/loop road Map 53a-53e 10 Mowing Services Per Scope of Services $300.00 $3,000.00 55 Trophy Club Park Event Fields Map 54 10 Mowing Services Per Scope of Services $280.00 $2,800.00 56 Disc Golf Course Map 55a-55b 10 Mowing Services Per Scope of Services $180.00 $1,800.00 57 Trophy Club Park Garden Map 56 10 Mowing Services Per Scope of Services $180.00 $1,800.00 58 Youth Motocross Track Map 57 10 Mowing Services Per Scope of Services $180.00 $1,800.00 Hourly Rate per 1 Worker HOURLY RATE 4 Hour Minimum - Mowing and Misc. Landscape Services $45.00 $ TOTAL FOR GROUP 6 $ 1$11,200.00 139 PO - 053 Yellowstone Landscape Town of Trophy Club Landscape Services Item # Estimated Quantity of Services Per Year Description of Services Map # Unit Cost Extended Price GROUP 2 - Irrigated Common Areas - Semi -Rough Cut Mowing Maps 13-21 14 Eagles Ri ge Fox point Map 13 36 Mowing Services Per Scope of Services 5146.00 55 256.00 15 Fairwav Village Dr Map 14 36 Mowing Services Per Scope of Services 524.00 5864.00 16 Muirfield Ct Map 15 36 Mowing Services Per Scope of Services $31.00 $1,116.00 17 Lake Forest Drive Map 16 36 Mowing Services Per Scope of Services $35.00 1$1,260.00 18 The Woods ROWS Map 17 36 Mowing Services Per Scope of Services $73.00 $2,628.00 19 Medlin Cemetery - ROW Map 18 36 Mowing Services Per Scope of Services $73.00 $2,628.00 20 Avenue Twenty Medians (2) Map 19 36 Mowing Services Per Scope of Services $31.00 $1,116.00 21 Oakhill Dr Triangle Map 20 36 Mowing Services Per Scope of Services $42.00 1$1,512.00 22 Shasta ROWS and Lot Map 21 36 Mowing Services Per Scope of Services $126.00 $4,536.00 TOTAL FOR GROUP 2 $ $20,916.00 iO PO - 054 Yellowstone Landscape Town of Trophy Club Landscape Services Item # Estimated Quantity of Services Per Year Description of Services Map # Unit Cost Extended Price GROUP 3 - NON -Irrigated Common Areas - Bi-Weekly Landscape Services Maps 22-39 23 Sunrise Ct Map 22 18 Mowing Services Per Scope of Services $35.00 $630.00 24 Eagles Ct Map 23 18 Mowing Services Per Scope of Services $73.00 $1,314.00 25 Skyline Trailhead and Ridgeview lot Map 24 18 Mowing Services Per Scope of Services $52.00 $936.00 26 Indian Creek Rows and Lake Forest Dr Median Map 25 18 Mowing Services Per Scope of Services $65.00 $1,170.00 27 Lake Forest Ct Map 26 18 Mowing Services Per Scope of Services $30.00 $540.00 28 Cypress Ct Map 27 18 Mowing Services Per Scope of Services $30.00 $540.00 29 Colonial Ct Map 28 18 Mowing Services Per Scope of Services $30.00 $540.00 30 Straight Creek Ct Median (1) Map 29 18 Mowing Services Per Scope of Services $28.00 $504.00 31 Spring Creek Ct Median (1) Map 30 18 Mowing Services Per Scope of Services $28.00 $504.00 32 Rushing Creek Ct Median (1) Map 31 18 Mowing Services Per Scope of Services $28.00 $504.00 33 Roaring Creek Ct Median (1) Map 32 18 Mowing Services Per Scope of Services $28.00 $504.00 34 Crooked Creek Ct Lot Map 33 18 Mowing Services Per Scope of Services $84.00 $1,512.00 35 The Lakes Trail system Map 34 18 Mowing Services Per Scope of Services $146.00 $2,628.00 36 Bobcat Blvd Rows Map 35 18 Mowing Services Per Scope of Services $72.00 $1,296.00 37 Bobcat Blvd Water Tower Map 36 18 Mowing Services Per Scope of Services $28.00 $SO4.00 38 Brook Hollow Lane Map 37 18 Mowing Services Per Scope of Services $21.00 $378.00 39 Trophy Club Triangle Map 38 18 Mowing Services Per Scope of Services $62.00 $1,116.00 40 Quorum Creek Map 39 18 Mowing Services Per Scope of Services $126.00 $2,268.00 TOTAL FOR GROUP 3 $ $17,388.00 PO - 055 Town of Trophy Club Landscape Services Item # Estimated Quantity of Services Per Year D&D Commercial Landscape Map # Unit Cost Extended Price GROUP 6 - Trophy Club Park Maps 53-57 54 Trophy Club Park entrance/roadway/loop road Map 53a-53e 10 Mowing Services Per Scope of Services $1,633.00 $16,330.00 55 Trophy Club Park Event Fields Map 54 10 Mowing Services Per Scope of Services $710.00 $7,100.00 56 Disc Golf Course Map 55a-55b 10 Mowing Services Per Scope of Services $568.00 $5,680.00 57 Trophy Club Park Garden Map 56 10 Mowing Services Per Scope of Services $142.00 $2,556.00 58 Youth Motocross Track Map 57 10 Mowing Services Per Scope of Services $377.00 $3,770.00 Hourly Rate per 1 Worker HOURLY RATE 4 Hour Minimum - Mowing and Misc. Landscape Services $55.00 $ TOTAL FOR GROUP 6 $ $35,436.00 142 PO - 056 Town of Trophy Club Landscape Services Item # Estimated Quantity of Services Per Year D&D Commercial Landscape Map # Unit Cost Extended Price GROUP 2 - Irrigated Common Areas - Semi -Rough Cut Mowing Maps 13-21 14 Eagles Ridge / Fox Pointe Map 13 36 Mowing Services Per Scope of Services $ 84.00 $ 3,024.00 15 Fairway Village Dr Map 14 36 Mowing Services Per Scope of Services $ 25.00 $ 900.00 16 Muirfield Ct Map 15 36 Mowing Services Per Scope of Services $ 37.00 $ 1,332.00 17 Lake Forest Median Map 16 36 Mowing Services Per Scope of Services $ 37.00 $ 1,332.00 18 The Woods ROWS Map 17 36 Mowing Services Per Scope of Services $ 50.00 $ 1,800.00 19 Medlin Cemetery ROWS Map 18 36 Mowing Services Per Scope of Services $ 37.00 $ 1,332.00 20 Avenue Twenty Medians (2) Map 19 36 Mowing Services Per Scope of Services $ 37.00 $ 1,332.00 21 Oakhill Dr Triangle Map 20 36 Mowing Services Per Scope of Services $ 37.00 $ 1,332.00 22 Shasta ROWS and Lot Map 21 36 Mowing Services Per Scope of Services $ 177.50 $ 6,390.00 Hourly Rate per 1 Worker HOURLY RATE 4 Hour Minimum - Mowing and Misc. Landscape Services $ 55.00 $ 18,774.00 TOTAL FOR GROUP 2 $ is 143 PO - 057 Town of Trophy Club Landscape Services Item # Estimated Quantity of Services Per Year D&D Commercial Landscape Map # Unit Cost Extended Price GROUP 3 - NON -Irrigated Common Areas - Semi -Rough Cut Mowing Maps 22-39 23 Sunrise Ct Map 22 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 24 Eagles Ct Map 23 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 25 Skyline Trailhead lot Map 24 18 Mowing Services Per Scope of Services $ 74.00 $ 1,332.00 26 Indian Creek Rows Map 25 18 Mowing Services Per Scope of Services $ 222.00 $ 3,996.00 27 Lake Forest Ct Map 2 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 28 Cypress Ct Map 27 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 29 Colonial Ct Map 28 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 30 Straight Creek Ct Median (1) Map 29 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 31 Spring Creek Ct Median (1) Map 30 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 32 Rushing Creek Ct Median (1) Map 31 18 Mowing Services Per Scope of Services $ 37.00 1 $ 666.00 33 Roaring Creek Ct Median (1) Map 32 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 34 Crooked Creek Ct Lot Map 33 18 Mowing Services Per Scope of Services $ 99.00 $ 1,782.00 35 The Lakes Trail system Map 34 18 Mowing Services Per Scope of Services $ 185.00 $ 3,330.00 36 Bobcat Blvd Rows Map 35 18 Mowing Services Per Scope of Services $ 111.00 $ 1,998.00 37 Bobcat Blvd Water Tower Map 36 18 Mowing Services Per Scope of Services $ 74.00 $ 1,332.00 38 Brook Hollow Lane Map 37 Mowing Services Per Scope of Services $ 37.00 $ 666.00 39 Trophy Club Dr - Triangle Lot Map 38 18 Mowing Services Per Scope of Services $ 37.00 $ 666.00 40 Quorum Creek Map 39 Mowing Services Per Scope of Services $ 125.00 $ 2,250.00 Hourly Rate per 1 Worker HOURLY RATE 4 Hour Minimum - Mowing and Misc. Landscape Services $ 55.00 $ 23,346.00 TOTAL FOR GROUP 3 Is Is PO - 058 Tony Jaramillo From: lucas@kclandscapetx.com Sent: Friday, July 23, 2021 12:02 PM To: Tony Jaramillo Cc: julia@kclandscapetx.com Subject: Landscape Maintenance - Service Termination Good day Tony. I would like to start by thanking you for allowing KC Landscape to service your landscape and irrigation needs. As our company evolves we are forced to make some tough decisions to insure we are adhering to our business model. With that in mind I am writing to you in order to exercise our cancellation policy. Please accept this email as our intent to terminate the Landscape Service Agreement for Trophy Club Park located at 1 Trophy Wood Drive, Trophy Club, TX 76262. Our last month of service will be August 2021. If you have any questions please feel free to reach out to me by calling our office number @ 817-640-0122. Respectfully, Lucas Abbe Chief Operating Officer C: 682-270-2003 O: 817-640-0122 F: 817-633-5525 Lucas(@kclandscar)etx.com www.KCLandscaoetx.com 723 109st Arlington TX 76011 145 PO = 059 Marvin Athans Town of Trophy Club 1 Trophy Wood Drive Trophy Club, TX 76262 Proposal #: 3113 Date: 5/28/2021 Sales Rep: Brendon Morris Trophy Club Park 2885 Trophy Park Drive Trophy Club, TX 76262 This Landscape Maintenance Agreement is made effective as of 06/01/02021, by and between Trophy Club Park (Client) and KC Landscape, LLC (KC Landscape) of 723 109th Street, Arlington, Texas 76011. DESCRIPTION OF SERVICES. Beginning on 06/01/2021, KC Landscape will provide to Client the services described in the proposal below (collectively, the "Maintenance Services"). Service will be performed at 2885 Trophy Park Drive, Trophy Club, TX, 76262. Landscape Service Agreement - Trophy Trophy Club Park Club Park Services Billed Upon Completion Weekly Maintenance Included Services Annual Maintenance Price 12 $1,322.94 $15,875.28 KC Landscape, LLC • 723 10W5treet • Arlington, TX 76011 Page 1 /6 PO - 060 Weekly Maintenance Mow all of the designated turf area, edge sidewalks and curb lines, weedeat around objects, and blow off all debris created. KC Landscape, LLC • 723 10Mt treet • Arlington, TX 76011 Page 2/6 PO-061 Tony Jaramillo From: Iucas@kclandscapetx.com Sent: Monday, June 14, 2021 10:40 AM To: Tony Jaramillo Cc: 'Lucas Abbe' Subject: Landscape Maintenance Services - Town of Trophy Club Attachments: TC Contracted Landscape Services - Maps - Weekly common areas (2).pptx; TC Contracted Landscape Services - Maps - Biweekly common areas.pptx; City of Trophy Club - Common Areas - KC Landscape 4.6.21.pdf; TCP Mowing Maps 2021.pdf Good day Tony. The copied message below made its way to me and I wanted to introduce myself. I have been working with Marvin over the past few months as we began servicing various areas around town; maps of areas attached. As we serviced the common areas throughout town and the park it has become apparent that we did not appropriately consider the unavoidable inefficiencies when moving between the various common areas. We are grossly over on our time for both the weekly and biweekly mowing services. 1 am 60% over budgeted time for the weekly mows and 39% over on the biweekly mows. I realize the timing of this email is less than ideal considering that Marvin has recently left his position; my apologies. I intended to send him this email today once I had a chance to review the actual hours from last week. I had my General Manager and Superintendent on site for the past 2 weeks in an effort to streamline the process and attempt to meet our estimated/budgeted/proposed hours but to no avail. My combined (Weekly & Bi- weekly) service last week was over budgeted man hours by 56.5%. 1 cannot continue to service within the current hours allocated; I am losing money on this every week. Our underestimation of time is not your fault however it is our challenge to overcome together. I would like to continue to serve the town and mow the common areas however I cannot proceed under the current rates. I would like to propose that we proceed with services based upon our actual hours and a new bid be submitted. Please let me know your thoughts. I hate to make assumptions but I assume that if we bid based upon actual hours we will be outside of budgeted funds for these areas. See below. New Proposal based upon actual hours averaged to date: 36 Mow Areas - $758.50/Service 18 Mow Areas - $859.13/Service Current pricing: 36 Mow Areas - $263.18/Service 18 Mow Areas - $452.88/Service If you feel that you are unable to proceed based upon the above New Proposed rates, I understand. I want to be a good partner with you and I feel that we have invested a fair amount of time and money into making this work. If we are not able to proceed under the New Proposed service rates then KC Landscape will not be able to continue with services past the month of June. Again, my sincere apologies for the timing of this message and for the difficulties this may create for you. I am available via mobile if you wish to speak over the phone. Respectfully, 148 PO' 062 0K%-- - - - April 6, 2021 ` Town of Trophy Club Landscape ServicIes Group 2 & 3 Common Areas Town of Trophy Club Landscape services KC Landscape, LLC 723 1091h Street Arlington, TX 76011 (817)640-0122 Item # Estimated Quantity of Services Per YearAil :E Description of Services x^ yns q t ry y a �i s G nePrice dd# rN GROUP 2 - Irrigated Common Areas - Weekly Landscape Services Maps 13-23 1 Fagles Ridge / Fox Po[nte Map 13 36 Mowing Services Per Scope of Services $ 66.74 $ 2,402.64 2 1 Muirfield Ct Map 14 35 Mowing ServicesPer Scope of Services $ 7.60, $ 273.60 3 Brook Hollow Ln Median Map 15 36 Mowing Services Per Scope of Services $ 2.33 $ 83.98 4 i The Woods ROWS Map 16 136 Mowing Services Per Scope of Services $ 34.29 $ 1,ZM.44 5 Avenue Twenty Medians (2) Map 17 36 Mowing Services Per Scope of Services $ 13.36 $ 480.96 6 I Oakhill Dr Triangle Map 18 1 36 Mowing Services Per Scope of Services $ 19.13 $ 693.68. 7 I Shasta ROWS and Lot Map 19 I 36 Mowing Services Per Scope of Services $ 97.74 $ 3,158.64 8 Trophy Club Dr. -Triangle Lot Map 20 Mowing Services Per Scope of Services $ 31.99 $ 1,151.64 TOTAL FOR GROUP 2 $ 263.18 $ 9,474.48 KC Landscape, ILLC 817.640.0122 149 Commercial Division PO - 063 Town of Trophy club tandsmpe Servirrs of Services PertYear,°�� rtm vc�E oSe Cost ExededlAnceDescription Wti GROUP 3 - MON-irrigated Common Areas- Bi-Weekly Landscape Services Maps 25-39 12 Sunrise Ct Map 25 I 18 MuwingServicesPerScopeof5ervices $ 8.72 $ 156.96 13 I Eagles Ct Map 26 l 18 Mowing Services Per Scope of Services $ 48.75 $ 877.50 14 I Skyllne Trailhead and Ridgeview lot Map 27 18 Mowing SerVrcLs Per Scope of Services $ 43.75 $ 787.50 15 Indian Crack ROWsand Lake Forest OrMedian Map28 j 18 Mowing Services Per Scope of Services $ 62.88 $ 1,131.84 16 Lake Forest Ct Map 29 18 Mowing Services Per Scope of Services $ L33 $ 23.94 17 Cypress Ct Map 30 18 Mowing Services Per Scope of Services $ 2-33 $ Z3.94 18 I Cotonlai Ct Map 31 I 18 Mowing Services Per Scope of Services $ L33 $ 23.94 19 ! Strai t Creek Ct Median (1) Map 32 . 18 Mowing Services Per Scope of Services $ 6.11 $ 109.98 20 I Spring Creek Ct Median (1) Map 33 18 Mowing Services Per Scope of Services $ 3.59 $ 64.62 211 Rushing Creek Ct Median (1) Map 34 18 Mowing Services P er Scope of Services $ 1.33 $ 23.94 22 Roaring Creek Ct Media n (1) Map 35 18 Mowing Services Per Scope of Services $ 1.77 $ 31-86 23 i Crooked Creek Ct Lot Map 36 I 18 Mowing Services Per Scope of Services $ 51.94 $ 934.92 24 I The Lakes Trail system Map 37 18 Mooring Servlces Per Scope of Services $ 125.72 $ 2,262.96 25 Bobcat Blvd ROWS Map 3S 18 Mowing Services Per Scope of Services $ 86.61 $ 1,558.98 26 I Bobcat Blvd Water Tower Map 39 I 18 Mowing Services Per Scope of Services $ 7.72 $ 138.96 TOTAL FOR GROUP 3 $ 452.99 $ 8,151.94 Thank you, Lucas Abbe Chief Operating KC Landscape, LL'C 817.640.0122 Commercial Division 150 PO-064 3/31/2021 CMBUHUB Vendor Detail CMBL/HUB Vendor Detail Vendo ID/ 1842222331500 / 525809 Vendor Number Vendor- ame KCLI LLC DBA KC LANDSCAPE & IRRIGATION Vendor Address 723 109TH ST ARLINGTON, TX 76011-7603 USA TARRANT County Contact MIKE IRWIN Phone/Fax 817-640-0122 / Email Address MIKE@KCLANDSCAPETX.COM We site http:/AIVWW.KCLANDSCAPETX.COM Business Full service landscape management to include Description maintenance, design and installation. . Business Category Other Services Including Legal Services (06). Small Business Y — Service Disabled No Veteran — CMBL Status Active Bidder CMBL Ex ires 23-SEP-2021 HUB Status Active Bidder (A -Approved; Active Texas certified HUB ) HUB Expires 22-SEP-2024 HUB Eligibility WO ( American Woman) HUB Gender F Commodity items shown above are available for district(s) 2,18 Iff 151 PO - 065 Here is a summary of the work I do while helping maintain Trophy Club Park with commercial zero turn mowers, including hourly rate and time it typically takes to complete each project. I, along with my helpers, try our very best to complete each project in the most time efficient manner possible. Hourly Rate For Mower Operator: $55.00 Hour Hourly Rate For Weedeater: $25.00 Hour 1) TC Park Youth Track Mowing - 4 Hrs x 55 Hr = 220.00 2) TC Park Mowing Front Lot, Garden Pavilion, Sides Of Road, Large Open Fairways, & Picnic Areas - 18 Hrs x 55 Hr = 990.00 3) Weedeating Garden, Pipe Rail Fencing, Structures & Picnic Areas 12 hrs x 25 Hr = 300.00 4) TC Disc Golf Course weaving through trees mowing everything possible on the path to all 18 holes 8 Hrs x 55 Hr 440.00 Total mowing all of the above $ 1,950.00 Thank you for consideration and I appreciate your business, Ken Price (817)480-3912 152 PO - 066 Izc*:7:!,- TOWN OF TROPHY CLUB Date: 10/1/2021 Vendor (Name & Address) Del Carmen Consulting, LLC 3212 Westwood Drive Arlington TX 76012 817-681-7840 EIN 45-051-4621 PURCHASE REQUISITION FORM Delivery Address ITrophy Wood Drive Trophy Club, TX 76262 PO Number Department PD Project# Account Number Description Quantity Unit Amount Total Amount 04-251-60100 Annual Racial Profiling Report 2021, and Audits: Per State law 1 8,500.00 $ 8,500.00 Early Intervention System: planning and an implementation component 1 23,000.00 $ 23,000.00 Critical Thinking and Leadership Development Seminars 4 2,000.00 $ 8,000.00 Total $ 39,500.00 Sole source, Registered HUB Comments Requested by: Approved by: Fin nce Approved by: IL1,42i, 153 The Town of Trophy Club must have a completed Vendor Packet o Fyo re a regp,�si be accepted by the Finance Department. DEL CARMEN "CONSULT'ING I.L September 23, 2021 Trophy Club Police Department Chief Patrick Arata 1 Trophy Wood Drive Trophy Club, Texas 76262 Dear Chief Arata, Please see below the proposed services that my firm is prepared to provide to the Trophy Club Police Department: 1) EIS (Early Intervention System). This has a planning and an implementation component. The first phase of this project (planning) would take place from October 1, 2021 to September 30, 2022. Cost: $23,000. 2) Critical Thinking and Leadership Development Seminars: These would be regularly scheduled for your command staff (one session every other month). The benefit would be to help out each leader develop to their full potential. These would cost 2K per session for a total of 4 sessions. Cost: $8,000 3) Policy R&ViewThis would involve a to experts to revie �chofecritical policies you have in p �IIOF, pursuits, etc.). Co . 7,00049 The total cost for these services is �0. Phase II of these projects can be projected to cost relatively the same and take place from FY 2022-23. If you have any questions, please do not hesitate to let me know. Sincerely, Alex del Carmen, Ph.D. Criminologist 154 PO - 068 T(:7*: TOWN OF TROPHY CLUB Vendor (Name & Address) Motorola Solutions 1507 LBJ Freeway Suite 700 Farmers Branch, TX 75006 Cndv Crnss 692-229-9717 Town of Trophy Club PURCHASE REQUISITION Date 10/6/2021 Delivery Address 1 Trophy Wood Drive Trophy Club, TX 76262 PO Number Department Project# M Account Number Description Quantity Unit Amount Total Amount -251- APX8000 Daul Band radio 25 $6,400.00 $160,000.05 Dual band replacement handheld radios $0.00 $0.00 TX- DIR Contract 22918 $0.00 Quote # 1487260 $0.00 $0.00 $0.00 $0.00 $0.00 Reqttested by: *Patrick by: 155 Total $160,000.05 PO - 069 QUOTE-1487260 MOTOROLA SOLUTIONS The design, technical, pricing, and other information ("Information's furnished with this submission Is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote ("Motorola') and is submitted with the restriction that It is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information Is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. 0 2020 Motorola Solutions, Inc. All rights reserved. PO 070 © MOTOROLA SOLUTIONS x � Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill -To Name on PO must be equal to the Legal Bill -To Name Bill -To Address Ship -To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship -To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required) 157 PO-071 1VMOTOROLA SOLUTIONS Billing Address: TROPHY CLUB, TOWN OF 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 US Shipping Address: TROPHY CLUB, TOWN OF 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 US QUOTE-1487260 Trophy Club APX 8000 Quote Date:06/10/2021 Expiration Date:10/08/2021 Quote Created By: Cody Cross Account Executive codycross@callmc.com 682-229-9717 End Customer: TROPHY CLUB, TOWN OF Chief Patrick Arata parata@trophyclub.org Contract: 22918 - TX DIR APXTm 8000 Series APX8000 1 H91TGD9PW6AN 0579 APX 8000 ALL BAND 25 $6,462.00 $4,433.68 $110,842.00 PORTABLE MODEL 2.5 1a Q806CB 0579 ADD: ASTRO DIGITAL CAI 25 $515.00 $353.35 $8,833.75 OPERATION 1b Q361AN 0655 ADD: P25 9600 BAUD 25 $300.00 $205.83 $5,145.75 TRUNKING 1c Q667BB 0430 ADD: ADP ONLY (NON-P25 25 $0.00 $0.00 $0.00 CAP COMPLIANT) (US ONLY) 1d Q58AL 0185 ADD: 3Y ESSENTIAL 25 $121.00 $121.00 $3,025.00 SERVICE 1e QA00580AA 0655 ADD: TDMA OPERATION 25 $450.00 $308.75 $7,718.75 1f QA05508AA 0579 DEL: DELETE VHF BAND 25 -$800.00 -$548.89 -$13,722.25 1g QA03399AA 0656 ADD: ENHANCED DATA 25 $150.00 $102.92 $2,573.00 APX 1h H38BS 0655 ADD: SMARTZONE 25 $1,500.00 $1,029.17 $25,729.25 OPERATION 1i G996AP 0655 ADD: PROGRAMMING 25 $100.00 $68.61 $1,715.25 OVER P25 (OTAP) 1j QA09008AA 0655 ADD: GROUP SERVICES 25 $150.00 $102.92 $2,573.00 Any sales transaction following Motorola's quote Is based on and subject to the termss{{aa�pdd@@oonditions of the valid and executed written contract between Customer and Motorola (the "Underlying Agreemen�� that authorizes Customer to purchase equipment and/or services or Ikelis1�ottware (collectively "Products"). If no UnderXng Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 3&1115600 PCagi-, �072 fW MOTOROLA SOLUTIONS At QUOTE-1487260 Trophy Club APX 8000 2 NNTN8863A 0785 CHARGER, SINGLE -UNIT, 5 $157.00 $110.67 $553.35 IMPRES 2, 3A, 100-240VAC, US/NA PLUG 3 PMNN4486A 0453 BATT IMPRES 2 LIION R 5 $163.00 $114.90 $574.50 IP67 3400T VRX1000 4 DDN1963A 0571 VRX1000 MOUNTING KIT 1 $202.50 $161.78 $161.78 5 HAF4016A 0554 UNITY GAIN ANTENNA 1 $23.00 $18.37 $18.37 QUARTERWAVE 762-87OMHZ - ROOF MOUNT 6 DDN1966A 0571 VRX1000 DC POWER 1 $202.50 $161.78 $161.78 CABLE 7 DDN1969A 0571 VRX1000 TO MOBILE 1 $218.00 $174.16 $174.16 RADIO CABLE 3FT 8 TT2794A 0571 VRX1000-7/800 1 $3,350.00 $2,676.32 $2,676.32 769-775/851-869 MHZ 9 TT05951AA 0571 VRX1000 P25 DIGITAL 1 $1,560.00 $1,246.29 $1,246.29 CONVENTIONAL OPERATION 10 TT05716AA 0571 DVR/VRX FOR USE WITH 1 $0.00 $0.00 $0.00 DUAL BAND APX MOBILE Grand Total $160,000.05(USD) Notes: • This quote contains items with approved price exceptions applied against them. Any sales transaction following Motorola's quote Is based on and subject to the termy;SV onditIons of the valid and executed written contract between Customer and Motorola (the —Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or II so}tware (collectively "Products—). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800 Poa�073 ci - TOWN OF TROPHY CLUB Date: 22-Sep-21 Vendor (Name & Address) Caldwell Country Chevrolet 800 TX 21 Caldwell, TX 77836 PURCHASE REQUISMON FORM Delivery Address Trophy Club Police Dept. 1 Trophy Wood Dr. Trophy Club, TX 76262 PO Number Department PD Project# Account Number Description Quantity Unit Amount Total Amount 04-251-78400 2022 Chevrolet Tahoe Police Package 2 31,575.00 $ 63,150.00 Shipping & Handling Cost 2 1,141.00 $ 2,282.00 Co-op info: Obtained as part of the 2021 HGACBuy Membership Total $ 65,432.00 Comments Lt. Jeff Mitchell # 112 Requested by: k '�y Finance Approved by: 160 Poo Approv d by: The Town of Trophy Club must have a completed Vendor Packet onp Cr a regyis jti�� c be accepted by the Finance Department. ,�,/ ��� CONTRACT PRICING WORKSHEET 77 For MOTOR VEHICLES Only Contract : VE11-20 No.: Date : 8/272/2021 Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying ;TOWN OF TROPHY CLUB Agency: Contractor: CALDWELL COUNTRY CHEVROLET Conta Person :JEFF MITCHELL Bpared PreAVERYT KNAPP Y Phone: :682-237-2956 Phone: E979-567-6116 Fax: Fax: :979-567-0853 FEmail: Email: :JMITCHELL@TROPHYCLUB.ORG :AKNAPP@CALDWELLCOUNTRY.COM Product Al2 Code: Description: ?CHEVROLET TAHOE PPV CC1076 t1.*. 'p -6Oli t item Base Dnif:Pri¢e Per:C6iitractor.s .H-CAC.Cont'kact:::::::::::::::::::::::::::::::::::::::::::: 31575 ................................................................................................................................................... i3 "Piiblistied:O � tivtts =:fit, ize:lielow: AEtach ail titional sheet s`:it:iuecessar.: :Inclii ie:O Pion: Co lean ....i tiofl if:a licable:< >;: : p..................................................................y................................... P........ Pp.............. .................................................................................................................................................... s1[ed Qptcor[s are:o tiQits which were saimittecl arid: priced k[isContraetoi's:bie}:}::::::::::::::::.:::::::::.:::::::::::::::::::::::::::::::::::::::: ............................1?..................................................................................................................... .................................................................................................................................................... Description Cost Description Cost Subtotal From Additional Sheet(s): Subtotal B: .................................................................................................................................................... C: 3in tiblislted: 0 tiait's:=: Iteinize:Iielti la'ttac6: additi6nnl:h:�et's : ii necessar:::::::::::::::::::::::::::::::::::::::::::::::: p.............p...................................................(.)......................................._............................................................... . b. nre :1J itl>tistiezlo bons .....et.. .........r .... ..E......... id: eice�i iit:Gor3tractisi'. ....::::.:.::::::::::::::::::::::::::::::::::::::.::::::: (......[?I�..........p.......................................... P......................J........................................................... Description Cost Description Cost Subtotal From Additional Sheet(s): Subtotal C: i vl Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit: For this transaction the percentage is: 0% Price plus Published Options (A+B). D::Tatxl:Cast:$:efuie:rli►y: Pipplirable T�aile:Iu:7:4thei Allawaitees f:Diseounts.(A..)? . C).............................................. .....y.. .. ....................................... ......: Q uantit Ordered �1 X Subtotal of A + B + C 31575 = Subtotal D: E 31575 E::tI=GAC C?rder:Proi �ssi[i Cftar e:(A�i[ioi[i[t Per Cuxrent Polic}:: g.................................. y.................................................... Subtotal E: € $600 .................................................................................................................................................... �::Trade�Iits l ciat PisFoiriits �:Otl... tt..... .....:! Description Cost Description Cost DELIVERY 541 EXTERIOR COLOR WHITE €INCL Subtotal F: 541 .......... Di i e : :Date« 150-180 DAYS AP ::::::::: :: T i# l: Purchase: Price. D+E+F::i: ................................................. . 32716 PO - 075 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Leticia Vacek, Town Secretary Re: Case PD-21-002 Town Council Meeting, October 25, 2020 Agenda Item: Case PD-21-002 (Beck Townhomes) A. Conduct a Public Hearing regarding a request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD -Code Manufactured Home and Industrialized Housing district to a PD, Planned Development District to construct 36 townhomes. B. Discussion and recommendation regarding a request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD -Code Manufactured Home and Industrialized Housing district to a PD, Planned Development District to construct 36 townhomes. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: Request Overview The proposed PD would authorize the construction of 36 staggered townhomes on two properties consisting of approximately 4.9 acres with a density of 7.35 dwelling units per acre. According to the current adopted Town Zoning Map, the property is currently zoned MH for HUD -code manufactured homes. No analysis has been conducted to verify whether manufactured homes could feasibly be developed on the property. For the townhomes, the applicant is proposing a minimum lot size of 3,000 square feet, a minimum lot width of 30 feet, a minimum lot coverage of 60% and a maximum of lot coverage of 80%. 162 Page 1 of 3 0 �I � PD-28 BVRON NEL$pN �„y• HIGH SC4i0 M ouN Surrounding Area Byron Nelson High School sits immediately to the south along Bobcat Boulevard. The eastern portion of the property borders Army Corps of Engineers land, including an existing trail that runs between the northern and southern portions of the property. The Town of Roanoke borders the site to the west and north and is developed as detached single-family residential and manufactured homes. Proposed Improvements and Development Standards The proposed concept plan depicts the two sections of the property. Each section is proposed as a mixture of townhomes and centralized open space. The southern portion consists of 22 lots served by a private 26 foot loop drive that also functions as a fire lane. The loop drive also provides access to 29 guest parking spaces on the south portion of the property. A private trail runs between the center and eastern blocks and is connected to the guest parking areas. Because the trail provides a direct link to Byron Nelson High School, the applicant is proposing a flashing sign indicating a crosswalk along with street reflectors to protect pedestrians utilizing the trail. The north portion of the project consists of 14 lots and 14 guest parking spaces. The north portion is served by a 26' cul- de-sac drive that terminates in a turnaround and private trail connection. Because the internal drives are private, the individual lots are measured from the middle of the private drive, meaning the buildable portion of the lot is roughly 2,175 square feet. A maximum of 8 attached units are allowed. The eighth unit must be separated by a pedestrian circulation area or vehicle access drive. A minimum of 85% of the front, rear, and side facades of the townhomes must be finished in masonry consisting of brick, stone, true stucco, cast stone, or glass block. The proposed standards are similar to those established for townhomes near Trophy Club Drive in PD-30. Key differences in the proposed PD include larger minimum floor area and the requirement for each garage to be two car minimum. Minimum Lot Size 3,000 square feet per dwelling Minimum Lot 30 feet Width Minimum Lot 100 feet Depth Density 1 7.35 dwelling unit/acre Minimum House Min. Floor Area: 2,300sf Size Ground floor: 1,500 square feet Second floor: 800 square feet Third floor: same as second floor Min Front Setback 10 feet Minimum Lot 60% Coverage Maximum Lot 80% Coverage Analysis: The proposed development presents a lot configuration and housing product that is similar to townhomes that were approved with PD-30. Roadway access consists of one private drive from Bobcat Boulevard. Units may need to be fire sprinklered to meet fire code. 163 Page 2 of 3 Though this property lies close to the boundary of the FEMA 100 year floodplain, the property is shown as either mostly or entirely outside of the 100 year floodplain as of 2011 FEMA records (see map on below). Financial Considerations: Not applicable. Legal Review: This item has been reviewed by the Town Attorney. Staff Recommendation: Because the proposed development would change existing Manufacture Home zoning to a PD similar to PD-30, staff recommends approval of the request to rezone and establish a Planned Development for up to 36 townhome lots on two tracts totaling 4.9 acres. P&Z Recommendation: At its September 14, 2021 meeting, the Planning and Zoning Commission voted unanimously to recommend denial of the proposed zoning change. Pursuant to Sec. 14.02.403(b)(3), if a requested zoning change is denied by the Town Planning and Zoning Commission, it shall not become effective except by a 3/4ths vote of the members of the Town Council. Attachments: • Ordinance #2021-25 164 Page 3 of 3 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO.2021-25 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO.2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS AN APPROXIMATE 4.900 ACRE TRACT OF LAND CURRENTLY ZONED "MH" — HUD -CODE MANUFACTURED HOME AND INDUSTRIALIZED HOUSING DISTRICT TO A PLANNED DEVELOPMENT TO ALLOW FOR CONSTRUCTION OF 36 TOWNHOMES AND ASSOCIATED OPEN SPACE LOTS; PROVIDING FOR EXHIBIT "A", THE LEGAL DESCRIPTION OF "TRACT 1119'; PROVIDING FOR EXHIBIT "B", THE LEGAL DESCRIPTION OF "TRACT 1HB9'; PROVIDING FOR EXHIBIT "C", THE "PD DEVELOPMENT STANDARDS"; PROVIDING FOR EXHIBIT "D", THE "CONCEPT PLAN"; AND PROVIDING FOR EXHIBIT "E", THE "FLASHING SIGN AND CROSSWALK"; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING CODE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD ZONING FOR SUCH 4.9 ACRE TRACT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with Chapter 211 of the Texas Local Government Code, to regulate Land use, and property development within the Town for the public health, safety and general welfare; WHEREAS, the owner of the tract of land, collectively described as a 4.900 acre tract of land, zoned MH — HUD -Code Manufactured Home and Industrialized Housing District, and such land being further described in Exhibit "A" and Exhibit `B", attached hereto and incorporated herein, (the "Land"), filed an application with the Town's Planning and Zoning Commission requesting a change in zoning of the Land into PD, Planned Development. Such application further requested an amendment to the official Zoning 165 District Map of the Town in accordance with Chapter 14 of the Town's Code of Ordinances; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and a public hearing was conducted, and after considering the information submitted at that public hearing and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the denial of adoption of the amendments to Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Planning and Zoning Commission having given its recommendation for denial of the adoption of the amendments to the Comprehensive Zoning Ordinance, and pursuant to Section 14.02.403(b)(3) of the Town's Code of Ordinances, the Town Council has voted by at least a three-quarters (3/4th) majority of its members to approve the amendments to the Comprehensive Zoning Ordinance; 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. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING The Zoning Ordinance for the Town, adopting the Zoning Map, codified in Chapter 14 of the Code of Ordinances of the Town of Trophy Club, is hereby amended in the following particulars: 166 A. The zoning of the Land, being a 4.900 acre tract of land described in Exhibit "A" and Exhibit `B", attached hereto and incorporated herein, is hereby changed to adopt provisions for a Planned Development in accordance with the requirements of this Ordinance, all applicable parts of Chapter 14, the Zoning Code, and all other applicable ordinances, rules and regulations of the Town. The Zoning Map is hereby amended to reflect the "PD" Planned Development designation for the tract of Land. SECTION 4. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances 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. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. 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 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing this Ordinance in the Ordinance records of the Town. SECTION 7. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than Two Thousand Dollars ($2,000.00), and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 8. PUBLICATION 167 The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 25th day of October, 2021. ATTEST: Leticia Vacek, TRMC, CMC, MMC Town Governance Officer [SEAL] APPROVED AS TO FORM: J. David Dodd III, Town Attorney Town of Trophy Club Alicia L. Fleury, Mayor Town of Trophy Club 169 EXHIBIT A TRACT 1H LEGAL DESCRIPTION BEING a tract or parcel of land situated in the T. Calloway Survey, Abstract Number 272 and the T. Kelly Survey, Abstract Number 704, in the Town of Trophy Club, Denton County, Texas, and being part of that tract of land described to Northwest Independent School District in deed recorded Clerk File Number 2004-52884, Deed Records, Denton County, Texas, also being part of that tract of land described as "Tract 8A" called 559.3807 acres conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 93-R0087516, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a U.S. Army Corps of Engineers Monument (Monument) found for the most northerly northwest corner of a tract of land conveyed by a Quit -Claim deed from the USA to H.M. Howe et ux., Volume 467, Page 12, Deed Records, Denton County, Texas, and being the most northerly northwest, corner of said Northwest Independent School District tract; THENCE South 00°15'41" East along the Westerly line of said Northwest Independent School District tract, a distance of 915.14 feet to a 1/2 inch iron pipe found; THENCE North 89°33'37" East, departing the Westerly line of said Northwest Independent School District tract, a distance of 155.0 feet to the POINT OF BEGINNING; THENCE South 00°26'23" East a distance of 295.62 feet to a point for corner; THENCE South 89°33'37" West a distance of 410.62 feet to a point for corner; THENCE North 00°26'23" West a distance of 295.62 feet to a point for corner; THENCE North 89°33'37" East a distance of 410.62 feet to the POINT OF BEGINNING and containing 2.787 acres of land, more or less. 170 EXHIBIT B TRACT 111B LEGAL DESCRIPTION BEING a tract or parcel of and situated in the T. Calloway Survey Abstract Number 272 in the Town of Trophy Club Denton County, Texas, and being part of "Tract 8A" called 559.3807 acres conveyed to Beck Properties Trophy Club. L. P. by deed recorded in Clerk File Number 93-R0087516, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a U.S. Army Corps of Engineers Monument (Monument) found for the most Northerly Northwest corner of a tract of land conveyed by a Quit -Claim deed from the USA to H. M. Howe et ux., Volume 467, Page 12, Deed Records, Denton County, Texas, and being the most Northerly Northwest corner of said Beck Properties: THENCE South 00°36'32" East, following the West line of said Beck Properties Trophy Club tract, and the East line of a tract of land conveyed to Phillip Allan Vaughan recorded by deed in Volume 3166, Page 0123, Deed Records, Denton County, Texas, a distance of 347.84 feet to the POINT OF BEGINNING: THENCE North 89'44'19" East, departing the West line of said Beck Properties Trophy Club tract and East line of said Phillip Allan Vaughan tract, a distance of 135.26 feet to a point for corner; THENCE South 44°43'28" East distance of 298.11 feet to a point for corner; THENCE South 43°38'38" West distance of 110.90 feet to a point for corner; MH to PD �M 171 THENCE South 66°08'55" West distance of 293.82 feet to a point for corner in the West line of said Beck Properties Trophy Club tract and East line of said Phillip Allan Vaughan tract; THENCE North 00°02'00" East, following the West line of said Beck Properties Trophy Club tract, and East line of said Phillip Allan Vaughan tract, a distance of 410.25 feet to the POINT OF BEGINNING and containing 2.099 acres of land more or less. EXHIBIT C PD DEVELOPMENT STANDARDS The purpose of this Planned Development is to establish a townhome residential district similar in nature and scope to the existing townhome development known as Trophy Club Town Center Addition, Lots 1-51, Block A. Any applicable regulation or standard not listed in this Exhibit C shall comply with the regulations of PD-30. 1. Townhome Residential General: a. Townhome Residential shall be single family residential units on individually platted lots. b. The lots (and the dwelling unit primary pedestrian entry) must front on public street(s), vehicle access drives, pedestrian circulation areas, or public landscaped areas. c. Townhome Residential garages shall be oriented to vehicle access drives. d. Accessory buildings shall not be allowed on lots. e. Townhome Residential lots shall be clustered into a minimum of 6 and a maximum of 9 contiguous units per cluster separated by pedestrian circulation areas (minimum 10 feet in width) or vehicle access drives. Clustering must meet all building/fire code requirements. f. Where Townhome Residential lots are clustered, individual dwelling units shall abut one another, but must contain code compliant fire separation walls as required by the Town building and fire codes, centered on the common lot lines. g. Each Townhome Residential lot shall be served individually by water, sewer, electric, gas, and other typical utilities. h. Areas for recreational and open space may be platted into one or more lots. i. A property owner's association must be created during the final plat process and will be responsible for maintenance of all common elements. 2. Townhome Residential maximum density: the maximum number of Townhome/Townhouse units is 36 staggered units. Units shall be staggered by block, a block being defined as a row of 6 minimum and 9 maximum contiguous units. 3. Townhome Residential minimum floor areas are as follows: a. Ground floor —1,500 sf minimum inclusive of garage parking and covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit. b. Second floor -800 sf minimum. c. Townhome Residential shall not exceed 2 stories. 172 d. Townhome Residential minimum total floor area -2,300 sf. 4. Townhome Residential lot size and lot coverage: a. Minimum lot size per dwelling shall be 3,000 sf. b. Minimum lot width per dwelling shall be 30 feet. c. Minimum lot depth per dwelling shall be 100 feet. d. Minimum lot coverage per dwelling shall be 60%. e. Maximum lot coverage shall be 80%. 5. Townhome Residential Setbacks: a. Front setback i. Front setback shall be a minimum of 10 feet, as measured from the face of curb at the vehicle access drive, dedicated to landscaping, hardscaping, and/or driveways. ii. Decorative building elements, canopies, eaves, covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit, balconies, and bay windows may project up to 6 feet into this setback. b. Side setback i. Where Townhome Residential units abut adjacent Townhome Residential units and a code compliant fire separation wall is provided, there shall be no required side setback. ii. Where Townhome Residential units abut public streets, vehicle access drives, or pedestrian circulation areas, a 10 foot set back shall be required dedicated to landscaping and hardscaping. Decorative building elements may project up to 5 feet into this setback except where limited by building/fire code requirements. iii. No off-street parking or ancillary buildings will be allowed within this setback. c. Rear setback i. The minimum rear setback shall be 5 feet. ii. No decorative building elements, eaves, covered breezeways and vestibules associated with Townhome Residential pedestrian entry/exit, balconies, and bay windows may project past the lot line. 6. Townhome Residential Design Guidelines: a. A minimum of 85% of the front, side and rear facade of Townhome Residential shall be finished in masonry (brick, stone, stucco using the 3 step process, cast stone, or glass block). b. Backyard fences shall be either decorative metal or solid wood, not to 173 exceed 6' in height. 7. Townhome Residential Garage and Parking Requirements: a. Each town home shall have a two (2) car garage. b. Townhome Residential garages shall be oriented to vehicle access drives. c. Each Townhome Residential unit requires one (1) guest parking space. The total of guest parking required for clustered Townhome Residential may be accommodated in designated off-street parking areas dispersed throughout the Townhome Residential development. 8. Townhome Residential Trash: a. Each dwelling unit shall individually house trash in an area not visible from adjacent units or from public drives and protected from weather and pests. b. Each dwelling unit shall be allowed to place trash containers in a designated area adjacent to the unit's garage on designated trash collection days. 9. Roof top equipment shall be screened from view from a person standing at the sidewalk abutting and the top of the equipment shall not be higher than the top of the parapet. 10. A crosswalk and lights substantially similar to the one shown in Exhibit E with automatically or manually -activated flashing signage will be installed with construction of the access drive as it crosses the existing trail. 174 EXHIBIT D CONCEPT PLAN ® I Q I (off I f� i 101 PD CONCEPT PLAN TR0FHYCLIB-1H&1HB s� a3 -— DEN— ¢; 175 EXHIBIT E FLASHING SIGN AND CROSSWALK 176 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Mike Erwin, Finance Manager CC: Wade Carroll, Town Manager Leticia Vacek, Town Secretary/RMO Re: PID Surcharge Town Council Meeting, October 25, 2021 Agenda Item: Consider and take appropriate action regarding an Ordinance amending subsection i, annual capital improvement and maintenance charge, of Section A1.014, Water and wastewater fees for Public Improvement District No. 1, within Appendix A, Fee Schedule, of the Trophy Club Code of Ordinances, to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing an effective date, (M. Erwin). Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations. Background and Explanation: The Town has received the Trophy Club MUD's annual PID surcharge calculation. The calendar year 2022 PID resident's fair share of MUD operating and maintenance and debt expenditures is $165,537 or $114.64 per household, an increase of 1.11 percent. The calculated PID monthly surcharge is $9.55 for calendar year 2022. Financial Considerations: This rate is a $0.10 per month per household increase. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable 177 Page 1 of 2 Staff Recommendation: Staff recommends approval of Ordinance No. 2021-24 Attachments: • Ordinance No. 2021-24 • CY22 PID Surcharge Analysis • Letter to Town PID Surcharge CY 2022 Mayor Alicia Fleury or designee 178 Page 2 of 2 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-24 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTION I, "ANNUAL CAPITAL IMPROVEMENT AND MAINTENANCE CHARGE," OF SECTION A1.014, "WATER AND WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1," WITHIN APPENDIX A, "FEE SCHEDULE," OF THE CODE OF ORDINANCES, TO ADOPT A MONTHLY SURCHARGE APPLICABLE TO CONNECTIONS IN THE TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 IN ORDER TO PAY THE PID PORTION OF MUD1 OPERATIONS AND MAINTENANCE BUDGET AND DEBT FOR CALENDAR YEAR 2021; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Fees imposed by the Town are adopted via Ordinance and are codified in Appendix A of the Town of Trophy Club Code of Ordinances; and WHEREAS, Appendix A, Fee Schedule, Section A1.014 of the Code of Ordinances contains fees for public works for the Trophy Club Public Improvement District No. 1 (hereinafter "PID"), including fees for meters utilized within the PID; and WHEREAS, the Town of Trophy Club (the "Town") is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants of the Trophy Club Public Improvement District No. 1 (the "Town System"); and WHEREAS, under the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water And Wastewater Operational Services between the Town and Trophy Club Municipal Utility District No. 1 dated April 15, 2014 (the "Contract"), the Trophy Club Municipal Utility District No. 1 (the "MUD") has agreed to provide the Town with wholesale water and wastewater services and with operations services related to the Town System within the boundaries of the PID Property, as that term is defined in the Contract; and WHEREAS, Section 7.1 of Article VII of the Contract requires the Town to a charge a fee to the residents of the PID for the "Annual Capital Improvements and Maintenance Charge" due to MUD1; and 179 ORD 2021-24 Page 1 of 4 WHEREAS, MUD1 has issued debt; therefore, pursuant to the Contract, the Town has determined it appropriate to adopt the fee set forth below in accordance with the provision of the Contract providing for an Annual Capital Improvements and Maintenance Charge in order to impose the fee required to fund the PID's percentage share of the MUD1 Operations and Maintenance budget and debt for calendar year 2020; and WHEREAS, the Town Council hereby finds that the amendment of Section A1.014 within Appendix A of the Code of Ordinances amending the Town's Fee Schedule to adopt the Annual Capital Improvement and Maintenance Charge in the form of a flat monthly fee as further specified herein meets the Town's contractual obligations pursuant to the Contract and serves the best interests of the Town. 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. SECTION 2. AMENDMENT 2.01 Subsection (i) entitled "Annual capital improvement and maintenance charge" of Section A1.014, "Water and wastewater fees for Public Improvement District No. 1," within Appendix A, "Fee Schedule," of the Town of Trophy Club Code of Ordinances is hereby amended to read as follows and which shall be added to all other charges imposed under Section A1.014, and all such other fees and provisions of Section A1.014 not specifically amended hereby shall remain in full force and effect: "Appendix A - FEE SCHEDULE Section A1.014 — Water and wastewater fees for Public Improvement District No. 1 (i) Annual capital improvement and maintenance charge: $9.45 to $9.55 (monthly fee per connection) SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees 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 180 ORD 2021-24 Page 2 of 4 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. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue 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 accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. 181 ORD 2021-24 Page 3 of 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of October 2021. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas 182 Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ORD 2021-24 Page 4 of 4 I ci: PID SURCHARGE TOWN OF for Calendar Year 2022 TROPHY CLUB Description Standard O&M Revenue from PID Surcharge I&S Revenue from PID Surcharge Total 49,613.00 I 115,924.00 165,537.00 Number of PID Water Connections 1,444.00 Standard rate for 12 months (per month) $ 9.55 Change in Rate from CY21 ($9.45) $ 0.10 Rate = ((Total/Number of Residents)/12 Months) 183 30% 0&M proportion 70% I&S proportion MUNICIPAL UTILITY DISTRICT Mike Erwin Finance Manager Town of Trophy Club 1 Trophy Wood Trophy Club, TX 76262 October 5, 2021 Emailed Received By: Date: /0 d PID Surcharge for Calendar Year 2022 In accordance with Section 7.2 of the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services dated April 12, 2014, the District is providing notice of the Annual Capital Improvements and Maintenance Charge requirements for calendar year 2022. Total amount to be collected from Town retail water and wastewater customers is calculated below. O&M TAX/SURCHARGE RATE REQUIRED REVENUE 0&M $185,705* $168, 800* * *MUD (All of Dept. 39 Budget) **PID (Legal and Auditor only Dept 39) I&S TAX/SURCHARGE RATE REQUIRED REVENUE TAX NEW DEBT (I&S) $394,413 MUD TARRANT COUNTY: 510,691,116 MUD DENTON COUNTY: 1,468,987,935 DENTON CO. PID: 824,066,245 TAX/SURCHARGE RATE = REQUIRED REVENUE/TOTAL VALS/100 Vals/100 = 28.037.453 FY 2022 Tax/Surcharge Rate = 0.00602 Revenue from MUD Tax = $ 136,092 Revenue from PID Surcharge = $ 49,613 Total: $ 185,705 TAX/SURCHARGE RATE = REQUIRED REVENUE/TOTAL VALS/100 Vals/100 = 28.037.453 FY 2022 PID Surcharge Rate = 0.01407 Revenue from MUD Tax = $ 278,488 Revenue from PID Surcharge = $ 115,924 Total: $ 394,413 Total Due to Trophy Club MUD No. 1 PID Surcharge Calendar 2022 $ 165,537 Trophy Club Municipal Utility District No. 1 100 Municipal Drive, Trophy Club, Texas 76262 (682) 831-4600 MUNICIPAL UTILITY DISTRICT October 5, 2021 The Town of Trophy Club is responsible for calculating the PID surcharge rate and must provide the new rate to Trophy Club Municipal Utility District No. 1 with an approved Town Rate Ordinance. In order for the January 2022 billing to reflect a new PID surcharge rate, the new Town Rate Ordinance must be received by the District no later than December 31, 2021. The current 2021 PID surcharge rate per connection per month is set at $9.45, and as of September 30th the PID had 1,444 total water connections. In January, the District will reconcile the total funds collected from the PID surcharge for the calendar year and will submit any overage to the Town or if there is a shortage an invoice will be provided. Thank you for your prompt attention to this matter, and please contact me if you have any questions. Sincerely, Steven Krolczyk Finance Manager Trophy Club Municipal Utility District No. 1 100 Municipal Drive Trophy Club, TX 76262 Phone- 682-831-4692 Trophy Club Municipal Utility District No. 1 100 Municipal Drive, Trophy Club, Texas 76262 (682) 831-4600 TOWN OF T(:*7 TROPHY CLUB 2 Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Patrick Arata, Police Chief Copy: Wade Carroll, Town Manager Leticia Vacek, Town Secretary Re: Drug Funding Date: October 25, 2021 Agenda Item: Take appropriate action on the Drug Program Funding request of approximately $50,000 from the original $200,000 earmarked for drug enforcement for the purchase of new radios for the Police Department. (P. Arata) Strategic Link: Safety & Security: Achieve exceedingly high standards for public safety and low crime rates. Background and Explanation: Trophy Club is rated the Number 1 Safest City in Texas by SafeWise for 2021! As well as achieving this honor, in the past, Trophy Club has earned the rankings of No. 4 in 2020 and No. 39 in 2019. Maintaining a safe city means keeping the criminal elements out of town. Historically, the three top offenses in Trophy Club have been narcotics, DWIs and assaults/domestic violence. Over the past 5 years, 84% of the narcotics offenses have occurred by non-residents. Most criminals do not return to the cities they have been arrested in and this ultimately helps Trophy Club remain a safe city. Of the residents who are using illegal drugs, many are repeat offenders. Of this group of repeat offenders, one individual died from a drug overdose this year and there is another individual who almost died from an overdose. The Trophy Club PD works closely with neighboring agencies to share intelligence on these offenders in hopes of keeping our greater surrounding community safe as well. In 2020, one of our repeat offenders was involved in a "drug deal gone bad" that resulted in the shooting of a 17-year-old female in Bedford, which consequently resulted in her death. As recently as July 2021, the TCPD arrested an individual for possession of fentanyl, which was confirmed by DIPS Test Lab. This demonstrates the continuation of the drug problem as well as why we, at the TCPD, are continually working to increase safety mechanisms in order to eradicate crime from Trophy Club and maintain our number ranking. In 2017, the Trophy Club PD identified a Trophy Club apartment that was being used as a drug house. Over the course of 5 days the department conducted surveillance that led to a search warrant on the apartment a 186 Page 1 of 3 several arrests. The search warrant was executed with the help of the regional SWAT team, DEA agents, and ATF agents. The department recovered stolen property that was traded for meth and marijuana. The 2individuals arrested were prosecuted by the US Attorney's Office and one individual received 14 years in prisonand the other received 7-1/2 years. In 2015, the Trophy Club Town Council provided the police department a special funding source to combat narcotic crimes in town. The balance of $200,000 was directed to be available to the Chief of Police in coordination with the Town Manager. The balance is to be available at all times until the balance is spent. The drug funding provided money for officer overtime, vehicle rental for surveillance, special equipment, and drug education in the schools. To date, the department has used approximately $40,000. This money has been limited by budgeting and the decisions to maintain a level annual budget with no increases. In the 2019 fiscal year, the budget was reduced to $8,500.00 and has remained at that level. The funding for the drug lab analysis was moved to the CCPD budget. The Town Manager and I want to work together to grant the Police Department the necessary resources to fight crime in town and the only way to do this is through increasing the Police Department's access to the fund. By this I mean that the police chief should be able to ask for the money and demonstrate need for it with a specific goal in mind, and then the town manager should be able to approve the allocation as the means to achieve a compelling goal. Moving forward, the TCPD plans to use the remaining fund over the next eight years to continue our efforts to combat drugs in our Town. This will include the purchase of a touchless narcotics identification instrument (approximately $20,000), the replacement of Indy (approximately $25,000) and overtime for enforcement and education (approximately $85,000 over 8 years). Thank you for reading and understanding how this funding will help keep Trophy Club as the safest city in Texas! Financial Considerations: Funding for this item is located in the Police Department Approved Budget, Line Item 01-251-87100, Programs & Special Projects, in FY22 the amount was $8,500. These funds are tracked and reported under the Committed for Police Fund Balance in the General Fund. In FY20, the last Annual Financial Report the balance was $169,592. A Committed Fund Balance is one that the elected body has directed and can only be changed by the elected body. The desired action would decrease the Committed Fund Balance by $50,000 at the direction of Council. This change would be reflected in the FY22 Annual Financial Report as it occurred after September 30, 2021. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not Applicable 187 Page 2 of 3 Staff Recommendation: The Staff would recommend using $50,000 of the balance for the Police Radio purchase, leaving the balance and adding Global Opioid Settlement funds for education. Attachment: • Drug Investigation 8 Year Funding Plan 188 Page 3 of 3 Years Training: Public Awareness programs Durg Lab Cost: Equipment: Specialized K9 program 1 2 3 4 $5,500.00 $4,000.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $20,000.00 $1,000.00 $1,000.00 $24,000.00 $1,000.00 5 6 7 8 $5,500.00 $4,000.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 1 $11,500.00 $30,000.00 $33,000.00 $10,000.00 $15,500.00 $10,000.00 $10,000.00 $10,000.00 $130,000.00 :' Future Agenda Items October 25, 2021 Future Agenda Items will be divided into 3 Categories: 1) Current listing of all future agenda items requested by Council that have not been addressed. 2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3) Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed; said items will be removed. The Council may add items as needed to the list. 1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. Staff is receiving bids for the work and will present findings to Council's Public Art Subcommittee for any needed alterations prior to presentation to Council. 2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. Staff participated in Strategic Management Training in September and Town Mgr. Carroll will meet with Council during the Council retreat in January to discuss Mission, Vision, Focus Areas and objective for the next 2-3 years. 3) Modifying the Existing Veteran's Memorial to include "Space Force". Staff is receiving bids and cost estimates for landscape changes and once finalized will be presenting to Council for action. 4) Re-evaluate the total fiduciary need for the Police Department's Drug Enforcement/Education Program and reallocate the appropriate Committed Funds to the Capital Replacement Fund for assistance in the purchase of Police Radios. Presented during the October 25th Council Meeting. Will be removed. 5) Street Maintenance Sale Tax Re -Authorization for May, 2022 Election. Staff will be ready to present to Council for action March for addition to the May 2022 Election 6) Possible CCPD Sales Tax Re -Authorization for May, 2022 Election. Staff will be ready to present to Council for action March for addition to 190 the May 2022 Election Revised by Carroll Oct. 18, 2021