11.11.2021 - Complete Agenda PacketTown of Trophy Club
Meeting Agenda Packet
Town Council
1 Trophy Wood Drive
Trophy Club, Texas
76262
November 11, 2021 7:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury
INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes
PLEDGES led by Council Member Sheridan
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter. 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
Speaker’s Form or you may also email mayorandcouncil@trophyclub.org
CANVASS RESULTS OF THE NOVEMBER 2, 2021 SPECIAL ELECTION
1.Take appropriate action to adopt Ordinance 202126 canvassing the results of the
November 2, 2021 Special Election. (L. Vacek)
a) Administer Statement of Elected Officer and Oath of Office to Council Member
Elect Place 2 Jeff Beach, and Council MemberElect Place 5 LuAnne Oldham. (Mayor
Fleury)
b) Present Certificate of Election to Council Member Jeff Beach and Council Member
LuAnne Oldham. (Mayor Fleury)
CONSENT AGENDA Items listed under the consent agenda are considered
routine by the Town Council and will be enacted by one vote. No separate
discussion will be held unless an item is removed from Consent. Items removed
from Consent will be considered individually.
2.Take appropriate action to approve the Regular Town Council Meeting Minutes of
October 25, 2021. (L. Vacek)
3.Take appropriate action to accept the Fourth Quarter Investment Report for Fiscal
Year 2021. (M. Erwin)
4.Take appropriate action to repeal Resolution 202020 and approve Resolution 202116
providing for a new Investment Policy for the Town of Trophy Club. (M. Erwin)
5.Take appropriate action regarding the waiving of penalties and interest on Account
#726658DEN in the amount of $346.57 in penalties and $115.53 in interest. (M.
Erwin)
6.Take appropriate action to approve Resolution 202117 amending Resolution 202009
by updating the Designated Grantee’s Name and Title of Wade Carroll as Town
Manager and providing for a commitment of matching funds, if necessary, for the Drug
Interdiction and Juvenile Resource Officer Program. (P. Arata)
7.Take appropriate action to approve the Baseball, Football, and Soccer Sports
Agreements. (W. Carroll)
8.Take appropriate action to award a bid to Pyrotex for the 2022 Fourth of July Firework
Show in the amount of $25,000 authorizing the Mayor or her designee to execute
related documents. (T. Jaramillo)
9.Take appropriate action to approve a bid for Irrigation Supplies with
SiteOne Landscape Supply in the amount of $42,500 and authorizing the Mayor or her
designee to execute related documents. (T. Jaramillo)
ANNOUNCEMENTS AND REPORTS
10.Business Spotlight – Blue 22 Sports Grill (Vee Graham). (Mayor Fleury)
11.Park Board Update (T. Jaramillo)
12.Wreaths Across America Update. (W. Carroll)
13.Texas Fire Marshal’s Association Achievement of Excellence (Gold Award) in Fire
Prevention. (Fire Chief Taylor)
PROCLAMATION(S)
14.Issuance of Proclamation 202131 proclaiming Karl Monger as the 2021 Recipient of
the Congressional Veteran Commendation Award. (Mayor Fleury)
INDIVIDUAL ITEMS
15.Annual Reports from Sports Associations. (T. Jaramillo)
16.Take appropriate action by awarding the Bid to Canary Construction for the Indian
Creek Drainage Project in an amount not to exceed $1,037,200. (W. Carroll)
17.Future Agenda Items List (W. Carroll)
EXECUTIVE SESSION
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
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on Monday, November 8, 2021 by 5:00 p.m. in
accordance with Chapter 551, Texas Government Code.
__________________________________
Leticia Vacek, TRMC, CMC, MMC
Town Governance Officer/Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
1
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262November 11, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member SheridanPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis 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. Speakershave 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 theSpeaker’s Form or you may also email mayorandcouncil@trophyclub.orgCANVASS RESULTS OF THE NOVEMBER 2, 2021 SPECIAL ELECTION1.Take appropriate action to adopt Ordinance 202126 canvassing the results of theNovember 2, 2021 Special Election. (L. Vacek) a) Administer Statement of Elected Officer and Oath of Office to Council MemberElect Place 2 Jeff Beach, and Council MemberElect Place 5 LuAnne Oldham. (MayorFleury)
b) Present Certificate of Election to Council Member Jeff Beach and Council Member
LuAnne Oldham. (Mayor Fleury)
CONSENT AGENDA Items listed under the consent agenda are considered
routine by the Town Council and will be enacted by one vote. No separate
discussion will be held unless an item is removed from Consent. Items removed
from Consent will be considered individually.
2.Take appropriate action to approve the Regular Town Council Meeting Minutes of
October 25, 2021. (L. Vacek)
3.Take appropriate action to accept the Fourth Quarter Investment Report for Fiscal
Year 2021. (M. Erwin)
4.Take appropriate action to repeal Resolution 202020 and approve Resolution 202116
providing for a new Investment Policy for the Town of Trophy Club. (M. Erwin)
5.Take appropriate action regarding the waiving of penalties and interest on Account
#726658DEN in the amount of $346.57 in penalties and $115.53 in interest. (M.
Erwin)
6.Take appropriate action to approve Resolution 202117 amending Resolution 202009
by updating the Designated Grantee’s Name and Title of Wade Carroll as Town
Manager and providing for a commitment of matching funds, if necessary, for the Drug
Interdiction and Juvenile Resource Officer Program. (P. Arata)
7.Take appropriate action to approve the Baseball, Football, and Soccer Sports
Agreements. (W. Carroll)
8.Take appropriate action to award a bid to Pyrotex for the 2022 Fourth of July Firework
Show in the amount of $25,000 authorizing the Mayor or her designee to execute
related documents. (T. Jaramillo)
9.Take appropriate action to approve a bid for Irrigation Supplies with
SiteOne Landscape Supply in the amount of $42,500 and authorizing the Mayor or her
designee to execute related documents. (T. Jaramillo)
ANNOUNCEMENTS AND REPORTS
10.Business Spotlight – Blue 22 Sports Grill (Vee Graham). (Mayor Fleury)
11.Park Board Update (T. Jaramillo)
12.Wreaths Across America Update. (W. Carroll)
13.Texas Fire Marshal’s Association Achievement of Excellence (Gold Award) in Fire
Prevention. (Fire Chief Taylor)
PROCLAMATION(S)
14.Issuance of Proclamation 202131 proclaiming Karl Monger as the 2021 Recipient of
the Congressional Veteran Commendation Award. (Mayor Fleury)
INDIVIDUAL ITEMS
15.Annual Reports from Sports Associations. (T. Jaramillo)
16.Take appropriate action by awarding the Bid to Canary Construction for the Indian
Creek Drainage Project in an amount not to exceed $1,037,200. (W. Carroll)
17.Future Agenda Items List (W. Carroll)
EXECUTIVE SESSION
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
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on Monday, November 8, 2021 by 5:00 p.m. in
accordance with Chapter 551, Texas Government Code.
__________________________________
Leticia Vacek, TRMC, CMC, MMC
Town Governance Officer/Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
2
Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262November 11, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member SheridanPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis 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. Speakershave 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 theSpeaker’s Form or you may also email mayorandcouncil@trophyclub.orgCANVASS RESULTS OF THE NOVEMBER 2, 2021 SPECIAL ELECTION1.Take appropriate action to adopt Ordinance 202126 canvassing the results of theNovember 2, 2021 Special Election. (L. Vacek) a) Administer Statement of Elected Officer and Oath of Office to Council MemberElect Place 2 Jeff Beach, and Council MemberElect Place 5 LuAnne Oldham. (MayorFleury)b) Present Certificate of Election to Council Member Jeff Beach and Council MemberLuAnne Oldham. (Mayor Fleury) CONSENT AGENDA Items listed under the consent agenda are consideredroutine by the Town Council and will be enacted by one vote. No separatediscussion will be held unless an item is removed from Consent. Items removedfrom Consent will be considered individually.2.Take appropriate action to approve the Regular Town Council Meeting Minutes ofOctober 25, 2021. (L. Vacek) 3.Take appropriate action to accept the Fourth Quarter Investment Report for FiscalYear 2021. (M. Erwin)4.Take appropriate action to repeal Resolution 202020 and approve Resolution 202116providing for a new Investment Policy for the Town of Trophy Club. (M. Erwin) 5.Take appropriate action regarding the waiving of penalties and interest on Account#726658DEN in the amount of $346.57 in penalties and $115.53 in interest. (M.Erwin)6.Take appropriate action to approve Resolution 202117 amending Resolution 202009by updating the Designated Grantee’s Name and Title of Wade Carroll as TownManager and providing for a commitment of matching funds, if necessary, for the DrugInterdiction and Juvenile Resource Officer Program. (P. Arata) 7.Take appropriate action to approve the Baseball, Football, and Soccer SportsAgreements. (W. Carroll)8.Take appropriate action to award a bid to Pyrotex for the 2022 Fourth of July FireworkShow in the amount of $25,000 authorizing the Mayor or her designee to executerelated documents. (T. Jaramillo)9.Take appropriate action to approve a bid for Irrigation Supplies withSiteOne Landscape Supply in the amount of $42,500 and authorizing the Mayor or herdesignee to execute related documents. (T. Jaramillo) ANNOUNCEMENTS AND REPORTS10.Business Spotlight – Blue 22 Sports Grill (Vee Graham). (Mayor Fleury) 11.Park Board Update (T. Jaramillo)12.Wreaths Across America Update. (W. Carroll)13.Texas Fire Marshal’s Association Achievement of Excellence (Gold Award) in Fire
Prevention. (Fire Chief Taylor)
PROCLAMATION(S)
14.Issuance of Proclamation 202131 proclaiming Karl Monger as the 2021 Recipient of
the Congressional Veteran Commendation Award. (Mayor Fleury)
INDIVIDUAL ITEMS
15.Annual Reports from Sports Associations. (T. Jaramillo)
16.Take appropriate action by awarding the Bid to Canary Construction for the Indian
Creek Drainage Project in an amount not to exceed $1,037,200. (W. Carroll)
17.Future Agenda Items List (W. Carroll)
EXECUTIVE SESSION
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
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on Monday, November 8, 2021 by 5:00 p.m. in
accordance with Chapter 551, Texas Government Code.
__________________________________
Leticia Vacek, TRMC, CMC, MMC
Town Governance Officer/Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs,
please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
3
To: Mayor Fleury and Town Council
From: Leticia Vacek, Town Governance Officer/Town Sec.
CC: Wade Carroll, Town Manager
Re: Item - Ordinance 2021-26 – Canvass of Special Election held November 2, 2021
Agenda Item:
Approval of Ordinance 2021-26 Canvassing the Results of the Special Election. As you are aware,
the final numbers will be provided to all entities by Wednesday. Therefore, I will provide copies
of the final Ordinance on Thursday.
Strategic Link:
Administrative & Financial Services – Provide internal and external compliance.
Background and Explanation:
The Town of Trophy Club held a Special Election on November 2, 2021 for the Election of a Council
Member to Place 2 for the remainder of an unexpired term of office expiring May, 2023 created
by a vacancy. In addition, the election also provided for a Council Member vacancy in Place 5 for
the remainder of an unexpired term of office expiring May, 2022.
Financial Considerations:
The cost of the election from Denton County is expected to be $6,883.03 which is the lion’s share
between Denton and Tarrant Counties. Additionally, I have received a $500 check from Tarrant
County for the use of our Town Hall - EOC Room on Election Day. Final invoices will be emailed
within the next 2 weeks.
Legal Review:
Reviewed by Town Attorney.
Staff Recommendation:
Recommend Adoption of Ordinance 2021-26.
Attachments:
• Ordinance 2021-26
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In the name and by the authority of
The State of Texas
THIS IS TO CERTIFY, that at a Special Election held on
November 2, 2021
JEFF BEACH
was duly elected as Council Member Place 2
In testimony whereof, I have hereunto set my name
and caused the Seal of Texas to be affixed at the
Town of Trophy Club, this 11th day of November,
2021.
Alicia L. Fleury, Mayor
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In the name and by the authority of
The State of Texas
THIS IS TO CERTIFY, that at a Special Election held on
November 2, 2021
LuAnne Oldham
was duly elected as Council Member Place 5
In testimony whereof, I have hereunto set my name
and caused the Seal of Texas to be affixed at the
Town of Trophy Club, this 11th day of November,
2021.
Alicia L. Fleury, Mayor
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TROPHY CLUB TOWN COUNCIL
REGULAR MEETING MINUTES
Monday, October 25, 2021; 7 PM
The Trophy Club Town Council met in a Regular Meeting on Monday, October 25, 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 (participated via Video Conference)
Karl Monger Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF PRESENT: Wade Carroll Town Manager
Leticia Vacek Town Governance Officer
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 7:01 pm with a quorum present and noted that Council Member Sheridan was participating via Video Conference for tonight’s Council Meeting.
INVOCATION
Pastor Bill Eason, of Fellowship United Methodist Church, delivered the Invocation and asked that we be
reminded that all have been called to lives of righteousness, justice, peace, wholeness, compassion and
mercy. He prayed that Trophy Club Leaders be granted the patience of cooperation; and the clarity of
thought and the courage of truth be given with decisions made. Lastly, he asked that we blend with all
people of good will in this place and beyond and that this Town be a beacon of hope, peace and justice.
PLEDGES
Mayor Fleury led the pledges to the American Flag and Texas Flag.
ANNOUNCEMENTS AND REPORTS
Mayor Fleury stated that Item #3 would be removed from the agenda and presented at the next meeting.
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)
County Clerk Mary Louise Nicholson provided a brief history of the Tarrant County 2020 Coronavirus
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Pandemic Historical Book Project. She shared that when the Pandemic hit, the importance of capturing
the events of 2020 to share with future generations was important to all. In order to memorialize the
activities of assistance and capture the impact on the various departments, Governor Abbott and Judge
Whitley provided their message for the book. Also included are historical pictures and events of the 1918
Spanish Flu. Ms. Clark reported that all 41 Tarrant County cities as well as local universities, libraries and
high schools would be presented with a copy of the book. On behalf of Tarrant County, County Clerk
Nicholson presented Mayor Alicia Fleury a copy of the 2020 Coronavirus Pandemic Historical Book. Mayor
Fleury accepted the book and thanked Ms. Clark.
2. Business Spotlight - Club Pilates. (Mayor Fleury)
Ms. Vanessa Brebo, Club Pilates General Manager, gave a brief presentation of their services. The studio
opened on October 21, 2021 and is located in Ste. 390, by Cristina’s Mexican Restaurant. Pilates,
originated by Joseph Pilates to rehabilitate soldiers, and is a full-body workout that is core-focused and
uses specialized equipment that makes certain no body part goes over or under trained. All classes focus
on flexibility, posture, toning, losing inches and helping with an overall better quality of life. Ms. Brebo
stated that Club Pilates is offering 20% off the first month’s membership fee as well as a free 35-minute
Level 1 Class, offered twice a day, morning and evening. They offer classes from 6 am - 7:30 pm daily.
Ms. Brebo led the Council and audience on a roll down exercise and Mayor Fleury thanked Ms. Brebo.
4. Update on Early Voting by personal appearance throughout October 29, 2021 and Election Day on
Tuesday, November 2, 2021. (W. Carroll)
Town Manager Carroll reported that Early Voting by Personal Appearance is open throughout Friday,
October 29, 2021, from 7 am – 7 pm. Denton County Voters may early vote at the MUD Annex Building,
located at 101 Municipal Drive and Tarrant County Voters can vote at Southlake Town Hall.
5. Veteran’s Day Event Update. (W. Carroll)
Mr. Carroll reported the Town of Trophy Club is collaborating with the Veteran’s Association to host the
2021 Veteran’s Day Ceremony on Thursday, November 11, 2021, from 11 am – 12 pm at the Veteran’s
Memorial Park, located at 501 Parkview Drive with seating available as well as a shuttle service. Mr.
Carroll added that Council Member Sheridan and PK Kelly, retired U.S. Army Veterans, would be the guest
speakers and anticipates a great day of remembrance and honoring those who have or are currently
serving in the U.S. Military.
6. Halloween Tips Update. (W. Carroll)
Fire Chief Taylor presented a list of Halloween Safety Tips stressing visibility of the Trick-or-Treaters. He
recommended adding reflective tape on Halloween Bags, Costumes and have children wear glow sticks or
carry flashlights. He recommended drivers park in places for a car to pull out versus backing out. He
recommended inexperienced drivers take the night off and that all wear seatbelts when utilizing golf carts.
PROCLAMATION(S)
7. Issuance and approval of Proclamation 2021-30 proclaiming Veteran’s Day in Trophy Club. (Mayor
Fleury)
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Mr. Jim Parrow read Proclamation 2021-30 into the record. Mayor Fleury made a motion to approve
Proclamation 2021-30. Council Member Monger seconded the motion. The motion carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT:None
Mayor Fleury presented Proclamation 2021-30 to Mr. Jim Parrow while photos were taken.
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 Hofmeister, 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)
Mayor Pro Tem Lamont made a motion to approve Consent Agenda Items 8, 9, 10 and 11. Council Member
Monger seconded the motion. The motion carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT:None
INDVIDIUAL 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)
Mayor Fleury declared the Public Hearing open at 7:24 pm.
Interim Town Planner Jones gave a presentation regarding the proposed Beck Townhomes. Mr. Gold of
Beck Properties, presented a detailed presentation for the project. Mr. Gold stated the core focus is to
avoid building manufactured homes on the land and, if denied by Council, Beck Properties does have an
offer to build manufactured homes on the land. He reported that the proposed townhomes would mirror
the existing Trophy Club Town Center Townhomes (PD-30) and the estimated sales would be $550,000 -
$600,000 each. Mr. Beck addressed the 5 Community concerns in detail: Density, Traffic, Safety, Flood
Zone/Drainage, and a Staggered Unit. 9
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Council Member Shoffner asked Mr. Gold if he was aware that the Ordinance proposed allows for the
building of R-11, R-12, and R-15 homes. Mr. Gold confirmed he was aware of this. Mayor Pro Tem Lamont
asked if the costs of the roads would be paid for by Beck Properties, as well as turning over the entryway
to the Town. Mr. Gold confirmed that was correct. Mayor Pro Tem Lamont asked if the giving of the
Parkland Dedication Funds to the Town was included in the project. Mr. Gold confirmed that was correct.
Mayor Pro Tem Lamont inquired if the two options from the Municipal Utility District regarding water and
sewer had been decided. Mr. Arrouas, Beck Properties, stated the MUD had presented two options, with
the first going behind Byron Nelson High School, which includes obtaining an easement, or Option #2 to
go through Bobcat Blvd but will not be confirmed until a full set of civil drawings has been performed.
Mayor Pro Tem Lamont asked if the backyards that face Highlands Glen had increased from 5 feet to 10
feet, with the units being reduced from 43 townhomes to 36 townhomes. Mr. Arrouas confirmed that
two lots were removed from their proposed schematic, which in turn increased additional green space.
Mayor Pro Tem Lamont asked if the drainage runs into Beck Properties. Mr. Arrouas did not have said
information at this time. Mr. Gold added that the proposed townhomes were eliminated from 3 stories
to 2 stories, with the idea to emulate Trophy Club Town Center Townhomes.
Mayor Pro Tem Lamont asked if the property resides outside FEMA’s 100-year floodplain. Mr. Arrouas
stated the 2020-2021 FEMA Map from their Civil Engineer shows the property is outside the flood zone.
Mayor Pro Tem Lamont asked if there is fire protection and concrete between each unit. Mr. Arrouas
confirmed that was correct as well as inside sprinklers to be installed. Mayor Pro Tem Lamont asked if the
HOA would be a gated community. Mr. Arrouas stated the HOA would be responsible for the maintenance
of the green spaces, with any lift station under the HOA. Mayor Pro Tem Lamont asked if there would be
a maintenance issue between the backyard fences. Mr. Gold confirmed a retaining wall would be built
and it was stated that the HOA would be in charge of the mowing.
Mayor Fleury reminded the audience that everyone would have the opportunity to speak, to extend
courtesy and respect to those speaking, and to step outside for any necessary conversations.
Mayor Pro Tem Lamont asked if the zoning requires 10,000 square feet of green space. Mr. Arrouas
confirmed that was correct. Mayor Pro Tem Lamont asked if it were possible to build less than 36
townhomes. Mr. Gold confirmed the proposal includes 36 townhomes at this time. Mayor Pro Tem
Lamont asked if Beck Properties had experience developing a community with one entrance and, if so,
were there any concerns. Mr. Arrouas reported that meetings with the Fire Chief and Fire Marshal had
taken place, who approved the width of the street.
Could Member Sheridan stated due to the applicant indicating he was not open to discussing additional
changes, he would hold his comments until a motion was made. Mayor Fleury stated she did not recall
that being said on record. Council Member Sheridan stated that if this zoning change was denied, Beck
Properties indicated they would sell to the manufactured housing proposal and any changes he
recommended to the townhome request would not be applicable. He added he was in favor of the
townhome project, but not in favor of the townhomes backing up to the Highlands Glen. He
recommended the 7 townhomes be removed, which would put their project at 29 townhomes.
Nathan and Lily Alexander, 2822 Annandale Drive, Trophy Club, shared their opinion of being against the
project.
Peter Mann, 15 Fairgreen Drive, Trophy Club, was not in favor of the townhomes, as well as supporting
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any Council Member that would vote against the entire project. Mayor Fleury stated her decisions are
not based on the next election, but what is best for the Town. Council Member Monger added Mr. Mann’s
statements could be considered a threat and that this type of statement made him want to vote for the
opposite of Mr. Mann’s viewpoint. Mayor Fleury added that Council does hear, listen and take into
consideration what the residents are saying regarding this project. She also added that a developer/land
owner that is building under current zoning has the right to sell or build.
Gordan Evans, 120 Park Lane, Trophy Club, asked that the project be postponed and recommended
additional research be spent on the traffic issue and water flow; otherwise he was against the project.
Mr. Carroll reported that if Council moves forward on the project as presented, then the next phase would
start with the Civil Engineers, who would address the drainage flow, contingent upon and paid for by the
Applicant. He added that he is working with Denton County to come up with solutions and that this issue
may present itself again as additional homes are built and cut-through traffic increases, with hopes to
have this completed within the next several months.
Mr. Evans asked if the cost to modify Bobcat Drive and Trophy Club Drive would be the Town’s
responsibility. Mr. Carroll confirmed that any costs related to the major thoroughfares, excluding private
streets, would be the responsibility of the citizens.
Brandon Blake, 2 Palmetto Court, stated he recently served on the Planning & Zoning Committee and
shared his opinion that the presentation was ridiculous.
Rhylan Rowe, 404 Skyline Drive, Chairman of Planning & Zoning Commission (P&Z), gave a summary of
the recent meeting and stated he was available to answer questions. Council Member Shoffner asked if
P&Z was aware that the zoning allowed are R-11, R-12 and R-15 development. Mr. Rowe stated if he had
known this prior to the P&Z Meeting, it would have changed the way he approached the meeting. Council
Member Shoffner asked if P&Z noted anything different from the Staff Report recommending approval.
Mr. Rowe stated that Staff’s recommendation was based upon what is in the zoning district, as well as
building regulations and the type of housing project while comparing to the PD-30 Project. He also shared
the importance of confirming if the project was the right thing, at the right time, and what objective(s)
approving this item achieve for Trophy Club and could not come up with anything.
Mr. Carroll reported that considering the land is owned and would be utilized, Town Staff looked at the
future possibilities for the zoning, what makes sense for the development, while weighing the success of
PD-30, and the townhomes would be a reflection of Trophy Club versus manufactured homes.
Ms. Lona Tita, 105 Pebble Beach Drive, Trophy Club, asked if the presentation was a blackmail proposal.
Mr. Gold stated that Beck Properties wants to avoid building manufactured homes on these parcels of
land, but an offer is on the table to move forward to build mobile homes. He also addressed Mr. Alexander
and his daughter Lily’s comment regarding the number of kids and that he previously stated there were
in 14 units, not 14 kids that would be living in the proposed townhomes. He also added that of the 39
units at Trophy Club Town Center, there were less than 5 school-aged children residing within the 39 units.
Mayor Fleury reported the zoning in place had not changed and Beck Properties could build whatever was
zoned for this area. She added that a Public Hearing allows the Council and Citizens the opportunity to
hear the details of a proposed project and helps answer citizen questions.
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Ms. Wendie Bailey, 201 Durango, Trophy Club stated she is favor of the proposed townhomes versus
manufactured homes. In response to a question, Mr. Carroll confirmed that the developer would pay for
the water and sewer lines, with no PID created.
Amy Rovall, 418 Middleton Drive, Roanoke, shared that she was against the project. She questioned when
the parcel of land was originally zoned for mobile homes. Council Member Shoffner stated this parcel of
land was zoned for manufactured homes when Byron Nelson High School was built in the late 1980’s.
Habid Shah, 1752 Halifax Street, Roanoke, shared his disapproval of the project presented.
Christian DeMoux, 1740 Halifax Street, Roanoke, highlighted his disapproval of the project. A discussion
was held on water and sewer lines as well as the fire suppression system. Chief Taylor confirmed that life
safety is always the #1 concern and that a sprinkler system of the same level as PD-30 would be required.
A discussion was held on Town Ordinance 14.02.163 regarding the higher density with appropriate
buffering. Mayor Pro Tem Lamont asked if the buffering in the Town Ordinance applies to another town.
Mr. Carroll confirmed no. Council Member Shoffner recommended the buffering under the manufactured
homes be required with this project.
Megan Nash, 1688 Glenmere Path, Roanoke, shared her concerns regarding the proposed project and
safety issues for students crossing to and from area schools. Community Development Director Cox
reported two crosswalk flashers had been received and would be installed this week.
Dr. Rodger Lough, 2818 Annandale Drive, Trophy Club, shared he was not against the Townhome project
but with all the concerns, he recommended the Town buy the land and possibly add a Park.
Mayor Pro Tem Lamont inquired if the Town knew of the land value. Mr. Carroll reported this is up to the
landowners but the Town had inquired into the available well sites and they were selling around $500,000
per acre.
Denise Tennison, 1736 Halifax Street, Roanoke, shared her disapproval of the proposed project.
Mayor Pro Tem Lamont asked if sidewalks were built up to the Water Tower. Mr. Carroll stated he would
need to revisit the area but stated the sidewalk is along that particular route.
Renee Pallet, 420 Chestnut Lane, Roanoke expressed concerns such as the number of parking spaces,
drainage built-up, more buffering, and safety at the blind turn.
Council Member Sheridan thanked all the citizens that participated in tonight’s Council Meeting as well as
all the emails received. He also thanked Mr. Rowe for being available for P&Z questions. He stated if the
developer could remove the 7 Townhomes that back-up to Highland’s Glen Subdivision, he would be in
favor of building 29 Townhouses and that the space where the 7 units were proposed be turned into green
space. Mayor Fleury asked if there was room for a buffer for the proposed 7 Townhomes that back-up to
Highland’s Glen. Mr. Arrouas understood the concerns raised tonight and stated that the further the
project goes toward the eastside, and raising up of a retainage wall would be a discussion for the civil
engineer and asked if there were a specific amount of feet requested for the buffer.
Mayor Pro Tem Lamont asked why a drainage study had not been performed. Mr. Arrouas replied that
the study is part of the civil engineering drawings phase and it is not feasible to spend $100,000 on civil
12
7
drawings unless approval has been granted for the project. Mayor Pro Tem Lamont asked if the drainage
study would be presented for approval by the Town. Mr. Arrouas confirmed that all documents required
by the Town would be submitted and they will do whatever needs to be addressed.
Council Member Monger expressed his appreciation to all the citizens involved and the freedom to
express opinions, which is a reflection of how Trophy Club stands as a community. He noted the
importance of citizens attending Public Hearings, reading agendas, learning the facts, and what is listed
on social media platforms.
Mayor Fleury reminded everyone that TC Alerts is available with the option to set parameters, encouraged
attendance at meetings and Public Hearings, as Trophy Club provides more than what is required by the
State to supply the information to the citizens. She also shared that while emails were received stating
no citizens were in favor of the project, she knew many citizens who were in favor of the project, just like
the Flock Camera topic, and there are always opinions on both sides to listen and hear. She added that
the speakers heard tonight were equally Trophy Club and Roanoke citizens, and the majority of the issues
presented included density, traffic and safety and that Council is addressing these, including crossing
guards, and school drop off/pick up to find solutions.
Rhylan Rowe recommended signs be posted for the Town to advertise a rezoning request on the marquees
as well as at the entrances/exits of the Town to help increase awareness, engagement and involvement.
Renee Pellet, 420 Chestnut Lane, Roanoke, referenced Mr. Arrouas’ earlier comment regarding the
townhomes set lower due to the retainage walls that exist on the eastside of Highlands Glen. She added
that if you stand on the eastside of Highland’s Glen, the retainage walls are smaller in the middle and a
few townhomes would be level and looking over the wall into homes.
Mayor Fleury declared the Public Hearing closed at 9:32 pm.
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)
Mayor Fleury recessed the meeting into Executive Session at 9:32 pm under the attorney client privilege
for Item 12-b. Mayor Fleury reconvened the meeting at 10:02 pm and called upon Council Member
Shoffner.
Council Member Shoffner confirmed the slide presented with the mobile home images does not depict
the type of manufactured homes allowed in the Trophy Club Ordinance. Mr. Cox confirmed these images
are not HUD Code Homes.
Council Member Sheridan stated he is in favor of the townhomes with the proposed recommendations:
1) The 7 Townhomes-Lots 23-29 be deleted backing-up to Highland’s Glen and said area to be green space.
2) Recommend Exhibit C, Item 3 be changed from, “as any applicable regulation or standard that is not
listed in Exhibit C shall comply with the regulations in PD-30” to “any applicable regulation or standard
not listed in Exhibit C must comply with the Trophy Club Ordinances.”
3) Item 1 B – change “public streets” to “private streets”.
4) Item 1 D – add the language to allow for patio coverage and pergolas.
13
8
5) Item 2 – add individual dwellings that need to be staggered to a minimum of 1 foot.
6) There is no definition of a breezeway or vestibule in the Trophy Club Ordinances, therefore, delete
those 2 items from being a part of the 2,300 square footage.
7) Item 5 C (i) – no issue as no Townhomes to be built that back up to Highland’s Glen.
8) Item C (9) – delete the section regarding a person standing on the sidewalk, as it is sufficient if the top
of the equipment is not higher than the top of the power kit to hide the equipment.
Council Member Shoffner asked for clarification relating to the referenced “Town Ordinances”. Council
Member Sheridan responded that the Town Ordinances provide for control over the development and
zoning of the Town. Mr. Carroll confirmed there was not a specific Townhome Ordinance and that is why
the documents reference PD-30. Council Member Shoffner agreed with not referring to PD-30 but felt it
was important to be specific when referencing. He added that if a Townhome Ordinance is needed, that
is different than referring to PD-30, which looks like this Ordinance, is written.
Council Member Monger stated there is nothing to show what the manufactured homes will look like at
this point and Council Member Sheridan’s points needed to be discussed. He recommended tabling said
item until December to allow Council to outline specifically what is best.
Mayor Pro Tem Lamont moved to table Item 12-b until the December 13, 2021 Town Council Meeting.
Council Member Monger seconded the motion. The motion to table carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
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)
Council Member Shoffner moved to adopt Ordinance 2021-24 increasing the fees for customers within
the boundaries of the Public Improvement District No. 1 (The Highlands). Council Member Monger
seconded the motion. The motion carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT: None
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)
Council Member Shoffner inquired of the budgeting of this item. Finance Manager Erwin stated the audit
showed this item was committed to the fund balance, which is defined as a Council action. He reported
this amount was not listed as a line item in the General Ledger, but tracked at the end of the fiscal year
with an amount of $167,000. He stated that Council could take action tonight and recommend to Staff a
number they want for this item and confirmed the $167,000 has been designated for Police Special
Projects. A brief discussion ensued regarding releasing the funds.
14
9
Council Member Shoffner recommended budgeting for these items as the intention is not to limit but
figure out how much to allocate for funds. Mr. Erwin stated that Council would need to take action to
move this amount off the General Ledger. Mr. Carroll confirmed the radios are a part of the budget. Mr.
Erwin also reported the $29,000 from the Opioid Settlement has certain fund parameters.
Mayor Pro Tem Lamont moved to transfer approximately $50,000 from the original $200,000 earmarked
for drug enforcement for the purchase of new radios for the Police Department. Council Member Shoffner
seconded the motion. The motion carried as follows:
AYE: Sheridan, Monger, Shoffner, Mayor Pro Tem Lamont, Mayor Fleury
NAY: None
ABSENT:None
15. Future Agenda Items List. (W. Carroll)
Mr. Carroll presented the Future Agenda Items List and noted that each item is on track as scheduled.
PUBLIC COMMENTS
Mayor Fleury asked if anyone had registered to speak. Town Governance Officer/Town Secretary Vacek
confirmed one speaker had registered. Mayor Fleury called upon Ms. Olson.
Jennifer Olson, 340 Inverness Drive, Trophy Club, expressed her appreciation of witnessing the Public
Hearing and felt the hearing benefitted the citizens to hear presentations. She commented not having
any public input on the Flock Camera System and encouraged everyone to attend the November 1, 2021
CCPD Meeting to obtain details. She also stated that when the CCPD brought the item to Council, there
were no questions asked. She said that this system would impact Town citizens with the data received,
privacy issues, who owns the data, as well as the retention of the data. She added that this system had
been reviewed during the Summer of 2020, with conversations between Chief Arata and Council taking
place behind the scenes, and that is the ultimate reason for citizen outrage. She also commented on last
year’s proposal including 5 cameras, with an option to opt-out, and now there were 9 cameras without
the option for citizens to opt-out. Mayor Fleury thanked Ms. Olson.
ADJOURNMENT
There being no further discussion, Mayor Fleury adjourned the meeting at 10:23 pm.
_
Alicia L. Fleury, Mayor
Attest:
_
Leticia Vacek, TRMC/CMC/MMC
Town Governance Officer
15
Page 1 of 2
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Leticia Vacek, Town Secretary
Mike Erwin, Finance Manager
April Duvall, Chief Financial Analyst
Re: Fiscal Year 2021 – Fourth Quarter Investment Report
Town Council Meeting, November 11, 2021
Agenda Item:
Consider and take appropriate action regarding the Fourth Quarter Investment Report for Fiscal
Year 2021 (W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
The Town’s current interest-bearing accounts have an ending market value of $20,224,513 as of
September 30, 2021, which is an increase of $2,489,530 since June 30, 2021. Property tax
revenue is collected primarily in the first and second quarters of the year. It is normal for outflows
to exceed inflows in the fourth quarter of the fiscal year. The Town has $6,289,282 more cash
than this time last year. $4,500,000 of the $6,289,282 are bond proceeds received September 22,
2021. The portfolio is liquid with a weighted average life of 1 days.
The total average yield for this quarter was .38% which is higher than the average rolling 6-month
Treasury-Bill yield of .08% for the same period.
A substantial portion of the Town’s investments remain placed in the InterBank Insured Cash
Sweep account to take advantage of the fund’s liquidity and the 0.45% yield.
Financial Considerations:
Interest earnings for this quarter total $10,349, this gives the Town a year to date interest earning
of $38,650 for Fiscal Year 2021.
16
Page 2 of 2
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends acceptance of the Fourth Quarter Investment Report for Fiscal Year 2021.
Attachments:
Fourth Quarter Investment Report FY 2021
Town Council Approval:
Mayor Alicia L. Fleury or designee
17
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
September 30, 2021
Prepared by
Valley View Consulting, L.L.C.
The investment portfolio of the Town of Trophy Club is in compliance with the Public Funds Investment Act and the
Investment Policy and Strategies.
Investment Officer/Finance Manager
Chief Financial Analyst
Disclaimer: These reports were compiled using information provided by the Town. No procedures were performed to test the accuracy
or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from
sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily
reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not
representative of total return yields, and do not account for investment advisor fees.
18
Asset Type
Demand Accounts
Money Markets/Local Gov't Investment Pools
CDs/Securities
Totals
Ave. Yield Book Value Market Value
0.00% $ 2,172,788 $ 2,172,788
0.34% 11,762,443 11,762,443
0.00% - –
$ 13,935,231 $ 13,935,231
Ave. Yield Book Value Market Value
0.61% $ 3,384,294 $ 3,384,294
0.33% 16,840,219 16,840,219
0.00% – –
$ 20,224,513 $ 20,224,513
Trophy Club
Rolling Three Month Treasury
Rolling Six Month Treasury
TexPool
0.86%
0.76%
0.99%
0.76%
0.26%
0.06%
0.08%
0.04%
Annual Comparison of Portfolio Performance
FYE Results by Investment Category:
September 30, 2020 September 30, 2021
Fourth Quarter-End Yield 0.28% 0.38%
Average Quarter-End Yields (1) :
2020 Fiscal Year
2021 Fiscal Year
Fiscal YTD Interest Earnings
(1) Average Quarterly Yield calculated using quarter-end report average yield and adjusted book value.
Town of Trophy Club Valley View Consulting, L.L.C. 1
$ 156,623 (Approximate)
$ 38,650 (Approximate)
19
Asset Type
Demand Accounts
Money Markets/Local Gov't Investment Pools
Totals
June 30, 2021
Ave. Yield Book Value Market Value
0.50% $ 1,677,543 $ 1,677,543
0.25% 16,057,440 16,057,440
0.22% $ 17,734,983 $ 17,734,983
September 30, 2021
Ave. Yield Book Value Market Value
0.61% $ 3,384,294 $ 3,384,294
0.33% 16,840,219 16,840,219
0.38% $ 20,224,513 $ 20,224,513
Rolling Three Month Treasury 0.05%
Rolling Six Month Treasury 0.05%
TexPool 0.03%
Rolling Three Month Treasury 0.06%
Rolling Six Month Treasury 0.08%
TexPool 0.04%
Strategy Summary
Quarter End Results by Investment Category:
Current Quarter Average Yield (1) Fiscal Year-to-Date Average Yield (2)
Total Portfolio 0.38% Total Portfolio 0.26%
Interest Revenue (Approximate)
Quarterly Interest Income $ 10,349
Year-to-date Interest Income $ 38,650
(1) Current Quarter Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month
is used for bank, pool, and money market balances.
(2) Fiscal Year-to-Date Average Yields - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees.
2 Town of Trophy Club Valley View Consulting, L.L.C.
20
Economic Overview 9/30/2021
The Federal Open Market Committee (FOMC) maintained the Fed Funds target range at 0.00% to 0.25% (Effective Fed Funds are trading <0.10%), and projects that reduced rates could remain
into 2023. Monthly government security purchases may begin tapering as early as Nov 2021. Second Quarter GDP posted +6.7% (Final). Employment recovery/growth has moderated, but job
openings remain high. August Non-Farm Payroll only added 194k net new jobs. Crude oil bounced up to +/-$77 per barrel, with fuel shortages in England and other countries. The Stock Markets
reached new highs, but have retrenched slightly. Housing, Industrial Production, Durable Goods, Consumer Spending, and other indicators remain positive but constrained. The Biden
administration and Congress continue to negotiate infrastructure, fiscal and debt limit packages. Inflation remained over the FOMC 2+% target and may not be as temporary as initially projected.
The Yield Curve rose slightly from two years to ten years.
1.60 Treasury Yield Curves
1.40
1.20
1.00
0.80
0.60
0.40
0.20
0.00
4,750 4,500 4,250 4,000 3,750 3,500 3,250 3,000 2,750 2,500 2,250 2,000 1,750 1,500 1,250
1,000 750 500 250 0
S&P 500
US Treasury Historical Yields - Since 2006 6.00
5.50
5.00
4.50
4.00
3.50
3.00
2.50
2.00
1.50
1.00
0.50
0.00
US Treasury Historical Yields - Since Nov 2015 3.50
3.00
2.50
2.00
1.50
1.00
0.50
0.00
Valley View Consulting, L.L.C. 3
Six Month T-Bill Two Year T-Note Ten Year T-Note Six Month T-Bill Two Year T-Note Ten Year T-Note
September 30, 2020 June 30, 2021 September 30, 2021
21
$ 20,224,513 $ 20,224,513
$ 20,224,513 1 0.38%
(1) (2)
Investment Holdings
September 30, 2021
Coupon/ Maturity Settlement Book Market Market Life
Description Ratings Discount Date Date Par Value Value Price Value (days) Yield
Wells Fargo - Cash (3) 0.61% 10/01/21 09/30/21 $ 3,384,294 $ 3,384,294 1.00 $ 3,384,294 1 0.61%
InterBank Money Market Account 0.45% 10/01/21 09/30/21 249,092 249,092 1.00 249,092 1 0.45%
InterBank Insured Cash Sweep 0.45% 10/01/21 09/30/21 12,014,725 12,014,725 1.00 12,014,725 1 0.45%
TexPool LGIP AAAm 0.03% 10/01/21 09/30/21 2,395,654 2,395,654 1.00 2,395,654 1 0.03%
TexasCLASS LGIP-Gov't AAAm 0.02% 10/01/21 09/30/21 2,180,748 2,180,748 1.00 2,180,748 1 0.02%
(1) Weighted average life - For purposes of calculating weighted average life, bank accounts, pools and money market funds are assumed to have an one day maturity.
(2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not
considered. The yield for the reporting month is used for bank accounts, pools and money market funds.
(3) Effective Blended Rate - Stated Earnings Credit Rate (0.70%) and GAIC Interest Rate (0.40%) adjusted for Balance Assessment fee and then calculated as a Weighted Average Yield.
Town of Trophy Club Valley View Consulting, L.L.C. 4
22
MMA/MMF/LGIP
83%
Portfolio Composition
Demand
Accounts
17%
$25
$20
$15
$10
$5
$0
Distribution by Maturity (Millions)
Total Portfolio Performance
$25
Total Portfolio (Millions)
$20
$15
$10
$5
$0
TexPool Weighted Average Yield Rolling 6 Month T-Bill
Quarter End Book Value
Town of Trophy Club Valley View Consulting, L.L.C. 5
3.00
2.50
2.00
1.50
1.00
0.50
0.00
23
Book & Market Value Comparison
Issuer/Description
Yield Maturity
Date
Book Value
06/30/21
Increases
Decreases Book Value
09/30/21
Market Value
06/30/21
Change in
Market Value
Market Value
09/30/21
Wells Fargo - Cash (3) 0.61% 10/01/21 $ 1,677,543 $ 1,706,751 $ – $ 3,384,294 $ 1,677,543 $ 1,706,751 $ 3,384,294
InterBank Money Market Account 0.45% 10/01/21 249,092 – – 249,092 249,092 – 249,092
InterBank Insured Cash Sweep 0.45% 10/01/21 8,255,057 3,759,668 – 12,014,725 8,255,057 3,759,668 12,014,725
TexPool LGIP 0.03% 10/01/21 5,422,976 – (3,027,322) 2,395,654 5,422,976 (3,027,322) 2,395,654
TexasCLASS LGIP-Gov't 0.02% 10/01/21 2,130,315 50,433 – 2,180,748 2,130,315 50,433 2,180,748
TOTAL / AVERAGE 0.38% $ 17,734,983 $ 5,516,852 $ (3,027,322) $ 20,224,513 $ 17,734,983 $ 2,489,530 $ 20,224,513
6 Town of Trophy Club Valley View Consulting, L.L.C.
24
Allocation
September 30, 2021
Book & Market Value
Total
General Fund CARES
Funds
Debt Service
Storm
Drainage
Utility
Hotel
Occupancy
Tax
Parkland
Dedication
2017 CO
Bond Funds
Wells Fargo - Cash $ 3,384,294 $ 1,666,261 $ 1,673,792 $ – $ – $ 44,241 $ – $ –
InterBank Money Market 249,092 124,546 – – – – – 124,546
InterBank Insured Cash Sweep MMA 12,014,725 6,076,006 – – – – – 5,938,720
TexPool LGIP 2,395,654 762,942 – 419,523 903,360 – – –
TexasCLASS LGIP-Gov't 2,180,748 – – – – 1,644,746 536,001 –
Total $ 20,224,513 $ 8,629,755 $ 1,673,792 $ 419,523 $ 903,360 $ 1,688,987 $ 536,001 $ 6,063,266
Town of Trophy Club Valley View Consulting, L.L.C. 7
25
Allocation
June 30, 2021
Book & Market Value
Total
General Fund CARES
Funds
Debt Service
Storm
Drainage
Utility
Hotel
Occupancy
Tax
Parkland
Dedication
2017 CO
Bond Funds
Wells Fargo - Cash $ 1,677,543 $ 1,548,334 $ 131,201 $ – $ – $ (1,992) $ – $ –
InterBank Money Market 249,092 124,546 – – – – – 124,546
InterBank Insured Cash Sweep MMA 8,255,057 7,193,340 – – – – – 1,061,717
TexPool LGIP 5,422,976 1,511,577 – 2,768,122 809,129 – – –
TexasCLASS LGIP-Gov't 2,130,315 – – – – 1,594,339 535,976 –
Total $ 17,734,983 $ 10,377,796 $ 131,201 $ 2,768,122 $ 809,129 $ 1,592,347 $ 535,976 $ 1,186,263
Town of Trophy Club Valley View Consulting, L.L.C. 8
26
To: Mayor and Town Council
From: Wade L. Carroll, Town Manager
CC: Mike Erwin, Finance Manager
Leticia Vacek, Town Secretary/RMO
April Duvall, Chief Financial Analyst
Re: Investment Policy Review
Town Council Meeting, November 11, 2021
Agenda Item:
Consider and take appropriate action regarding repealing Resolution No. 2021-16 and adopting
a new Resolution amending the Investment Policy for the Town of Trophy Club; and providing
an effective date (W. Carroll).
Explanation:
In accordance with the Town of Trophy Club Investment Policy and the Public Funds Investment
Act, the Town Manager designates his designee and/or the Finance Manager and the Chief
Financial Analyst as the Town of Trophy Club’s Investment Officers. Overall, the policy remains
strong and complies with the PFIA. Only minor housekeeping changes are proposed to the policy
at this time.
Financial Considerations:
Not Applicable.
Legal Review:
Not Applicable.
Board/Commission/or Committee Recommendation:
Not Applicable.
Staff Recommendation:
Staff recommends approval of Resolution No. 2021-16 as presented.
Attachments:
Resolution No. 2021-16
27
TOWN OF TROPHY CLUB
RESOLUTION NO. 20201-
2016
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS REPEALING RESOLUTION NO. 2020-20 AND
APPROVING A NEW RESOLUTION ADOPTING AN INVESTMENT
POLICY FOR FUNDS FOR THE TOWN OF TROPHY CLUB, A COPY OF
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT “A”; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 17, 2020 by passage of Resolution 2020-20, the Town
Council adopted an Investment Policy; and
WHEREAS, by passage of this Resolution, the Town Council hereby repeals
Resolution No. 2020-20 in its entirety and adopts this Resolution adopting a new
Investment Policy; and
WHEREAS, the Town Council has reviewed the Investment Policy attached hereto
as Exhibit “A”, for compliance with the Public Funds Investment Act, Texas Government
Code Chapter 2256. et seq.; and
WHEREAS, upon consideration, the Town Council finds and determines it to be in
the best interests of the Town to adopt Exhibit “A” as the Town’s Investment Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB:
Section 1. That Resolution No. 2020-20 is hereby repealed in its entirety.
Section 2. That the Town Council has reviewed the attached Investment Policy,
which contains investment strategies and policies that the Council has determined to be
beneficial to the Town and hereby adopts the attached Investment Policy set forth in
Exhibit “A”, a copy of which is attached hereto and incorporated herein in its entirety.
Section 3. That the Town Manager's designee and/or Finance Manager and the
Chief Financial Analyst areis hereby designated as the Town’s primary investment
officers to perform the functions required by the attached policy, and the investment
officers is hereby authorized to perform the functions required under the Investment Policy
and Chapter 2256 of the Texas Government Code.
Section 4. That this Resolution shall take effect immediately upon its passage and
approval.
28
RES 2019-555 Page 2 of 3
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 171th day of November 20201.
C. Nick SandersAlicia
Fleury, Mayor Town of
Trophy Club, Texas
ATTEST:
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
[SEAL]
29
RES 2019-555 Page 3 of 3
EXHIBIT “A”
30
TOWN OF TROPHY CLUB
INVESTMENT POLICY
I.POLICY
It is the policy of the Town of Trophy Club that after allowing for the anticipated cash flow requirements of
the Town of Trophy Club and giving due consideration to the safety and risk of investment, all available
funds shall be invested in conformance with these legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
Effective cash management is recognized as essential to good fiscal management. Investment interest is
a source of revenue to Trophy Club funds. Trophy Club’s investment portfolio shall be designed and
managed in a manner to maximize this revenue source, to be responsive to public trust, and to be in
compliance with legal requirements and limitations.
Investments shall be made with the primary objectives of:
Safety and preservation of principal
Maintenance of sufficient liquidity to meet operating needs
Public trust from prudent investment activities
Optimization of interest earnings on the portfolio
II.PURPOSE
The purpose of this Investment Policy is to comply with Chapter 2256 of the Government Code (“Public
Funds Investment Act” or “PFIA”), which requires the Town of Trophy Club to adopt a written investment
policy regarding the investment of its funds and funds under its control. The Investment Policy addresses
the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal
management of Trophy Club’s funds.
III.SCOPE
This Investment Policy shall govern the investment of all financial assets of the Town of Trophy Club. These
funds are accounted for in the Town of Trophy Club’s Annual Comprehensive Annual Financial Report
ACFR(CAFR) and include:
General Fund
Special Revenue Funds
Capital Projects Funds
Proprietary Funds
Debt Service Funds, including reserves and sinking funds, to the extent not required by law
or existing contract to be kept segregated and managed separately
Any new fund created by the Town of Trophy Club, unless specifically exempted from this Policy by
the Town Council or by law
The Town of Trophy Club consolidates fund cash balances to maximize investment earnings. Investment
income will be allocated to the various funds based on their respective participation and in accordance with
generally accepted accounting principles.
This Investment Policy shall apply to all transactions involving the financial assets and related activity for
all the foregoing funds. However, this Policy does not apply to the assets administered for the benefit of
the Town of Trophy Club by outside agencies under deferred compensation programs.31
5
IV.INVESTMENT OBJECTIVES
The Town of Trophy Club shall manage and invest its cash with four primary objectives, listed in order of
priority: safety, liquidity, public trust, and yield, expressed as optimization of interest earnings. The safety
of the principal invested always remains the primary objective. All investments shall be designed and
managed in a manner responsive to the public trust and consistent with state and local law.
The Town of Trophy Club shall maintain a comprehensive cash management program, which includes
collection of accounts receivable, vendor payments in accordance with the Town’s purchasing policies, and
prudent investment of available cash. Cash management is defined as the process of managing monies in
order to ensure maximum cash availability and maximum earnings on short-term investment of idle cash.
Safety [PFIA 2256.005(b)(2)]
Safety of principal is the foremost objective of the investment program. Investments shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be
to mitigate credit and interest rate risk.
Credit Risk and Concentration of Credit Risk – The Town of Trophy Club will minimize credit risk, the
risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk,
the risk of loss attributed to the magnitude of investment in a single issuer, by:
Limiting investments to the safest types of investments.
Pre-qualifying the financial institutions and broker/dealers with which the Town of Trophy Club
will do business.
Diversifying the investment portfolio so that potential losses on individual issuers will
be minimized.
Interest Rate Risk – the Town of Trophy Club will manage the risk that the interest earnings and the
market value of investments in the portfolio will fall due to changes in general interest rates by limiting
the maximum weighted average maturity of the investment portfolio to 365 days. The Town of Trophy
Club will, in addition:
Structure the investment portfolio so that investments mature to meet cash requirements for
ongoing operations, thereby avoiding the need to liquidate investments prior to maturity.
Invest operating funds primarily in financial institution deposits, shorter-term securities, money
market mutual funds, or local government investment pools functioning as money market mutual
funds.
Diversify maturities and stagger purchase dates to minimize the impact of market movements
over time.
Liquidity [PFIA 2256.005(b)(2)]
The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be
reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature
concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds, local
government investment pools, or other cash equivalents that offer same-day liquidity.
Public Trust
All participants in the Town of Trophy Club’s investment process shall seek to act responsibly as custodians
of the public trust. The Investment Officers shall avoid any transaction that might impair public confidence
in the Town of Trophy Club’s ability to govern effectively.
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Yield (Optimization of Interest Earnings) [PFIA 2256.005(b)(3)]
The investment portfolio shall be designed with the objective of attaining a market rate of return throughout
budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs.
Return on investment is of secondary importance compared to the safety and liquidity objectives described
above.
V.INVESTMENT STRATEGY STATEMENTS
The Town of Trophy Club portfolio will be structured to benefit from anticipated market conditions and to
achieve a reasonable return. Relative value among asset groups shall be analyzed and pursued as part
of the investment program within the restrictions set forth by the Investment Policy.
The Town of Trophy Club maintains portfolios which utilize four specific investment strategy considerations
designed to address the unique characteristics of the fund groups represented in the portfolios.
Operating Funds
Suitability - All investments authorized in the Investment Policy are suitable for Operating Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for the Operating Funds have as their primary objective to assure that
anticipated cash flows are matched with adequate investment liquidity. The dollar-weighted average
maturity of operating funds, based on the stated final maturity date of each investment, will be calculated
and limited to one year or less. Constant $1.0000 net asset value investment pools and money market
mutual funds, and other cash equivalents shall be integral components to maintaining daily liquidity.
Investments for these funds shall not exceed a 24-month period from date of purchase.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Operating Funds shall be the rolling three-month Treasury yield.
Reserve and Deposit Funds
Suitability - All investments authorized in the Investment Policy are suitable for Reserve and Deposit Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
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Liquidity - Investment strategies for Reserve and Deposit Funds shall have as the primary objective the
ability to generate a dependable revenue stream to the appropriate reserve fund from investments with a
low degree of volatility. Except as may be required by the bond ordinance specific to an individual issue,
investments should be of high quality, with short-to-intermediate-term maturities. The dollar-weighted
average maturity of Reserve and Deposit Funds, based on the stated final maturity date of each investment,
will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Reserve and Deposit Funds shall be the rolling three-month Treasury yield.
Bond and Certificate Capital Project Funds and Special Purpose Funds
Suitability - All investments authorized in the Investment Policy are suitable for Bond and Certificate Capital
Project Funds and Special Purpose Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Bond and Certificate Capital Project Funds and Special Purpose Funds
portfolios will have as their primary objective to assure that anticipated cash flows are matched with
adequate investment liquidity. The stated final maturity dates of investments held should not exceed the
estimated project completion date or a maturity of no greater than three years. The dollar-weighted average
maturity of Bond and Certificate Capital Project Funds and Special Purpose Funds, based on the stated
final maturity date of each investment, will be calculated and limited to two years or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Bond and Certificate Capital Project Funds and Special Purpose Funds
shall be the rolling three-month Treasury yield. A secondary objective of these funds is to achieve a yield
equal to or greater than the arbitrage yield of the applicable bond or certificate, when reasonable
considering safety and liquidity objectives.
Debt Service Funds
Suitability - All investments authorized in the Investment Policy are suitable for Debt Service Funds.
Preservation and Safety of Principal - All investments shall be of high quality with no perceived default risk.
Liquidity - Investment strategies for Debt Service Funds shall have as the primary objective the assurance
of investment liquidity adequate to cover the debt service obligation on the required payment date.
Investments shall not have a stated final maturity date which exceeds the next unfunded debt service
payment date. The dollar-weighted average maturity of Debt Service Funds, based on the stated final
maturity date of each investment, will be calculated and limited to one year or less.
Marketability - Securities with active and efficient secondary markets will be purchased in the event of an
unanticipated cash requirement.
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Diversification - Maturities shall be staggered throughout the budget cycle to provide cash flows based on
anticipated needs. Investment risks will be reduced through diversification among authorized investments.
Yield - The Town’s objective is to attain a competitive market yield for comparable securities and portfolio
constraints. The benchmark for Debt Service Funds shall be the rolling three-month Treasury yield.
VI.RESPONSIBILITY AND CONTROL
Delegation of Authority [PFIA 2256.005(f)]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, the Town Council
designates the Town Manager's designee and/or Finance Manager and the Chief Financial Analyst as the
Town of Trophy Club’s Investment Officers. The Town Manager's designee and/or Finance Manager is
responsible for the overall management of the Town’s investment program and may direct the other
Investment Officer in his/her duties. The Investment Officers are authorized to deposit, withdraw, invest,
transfer, execute documentation, and otherwise manage funds on behalf of the Town of Trophy Club
according to this Policy. Unless authorized by law, no other person may deposit, withdraw, transfer or
manage in any other manner the Town of Trophy Club funds. The investment authority granted to the
Investment Officers is effective until rescinded.
Quality and Capability of Investment Management [PFIA 2256.005(b)(3)]
The Town of Trophy Club shall provide periodic training in investments for the designated Investment
Officers and other investment personnel through courses and seminars offered by professional
organizations, associations, and other independent sources in order to ensure the quality and capability of
investment management in compliance with the Public Funds Investment Act.
Training Requirement [PFIA 2256.008 – Local Governments]
In accordance with the Town of Trophy Club and the Public Funds Investment Act, designated Investment
Officers shall attend investment training no less often than once every two years and shall accumulate not
less than 8 hours of instruction relating to investment responsibilities. A newly appointed Investment Officer
must attend training accumulating at least 10 hours of instruction within twelve months of the date the
Officer took office or assumed the Officer’s duties. The investment training sessions shall be provided by
independent sources approved by the Investment Committee, and must include education in investment
controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance
with the PFIA.
Internal Controls (Best Practice)
The Investment Officers are responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Town of Trophy Club are protected from loss, theft, or misuse.
The internal control structure shall be designed to provide reasonable assurance that these objectives are
met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments
by management.
Accordingly, the Investment Officers shall establish a process for annual independent review by an external
auditor to assure compliance with policies and procedures. The internal controls shall address the following
points.
Control of collusion.
Separation of transactions authority from accounting and recordkeeping.
Custodial safekeeping.
Avoidance of physical delivery securities.
Clear delegation of authority to subordinate staff members.
Written confirmation for telephone (voice) transactions for investments and wire transfers.35
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Development of a wire transfer agreement with the depository bank or third-party custodian.
Investment Policy Certification [PFIA 2256.005(k-l)]
A qualified representative, as defined by PFIA section 2256.002(10), of all business organizations, as
defined by PFIA section 2256.005(k) as local government investment pools and discretionary investment
management firms, must sign a certification acknowledging that the organization has received and reviewed
the Town of Trophy Club’s Investment Policy and that reasonable procedures and controls have been
implemented to preclude investment transactions that are not authorized by the Town of Trophy Club’s
Policy except to the extent that the authorization is dependent on an analysis of the makeup of the Town's
entire portfolio, requires an interpretation of subjective investment standards, or relates to investment
transactions of the Town that are not made through accounts or other contractual arrangements over which
the business organization has accepted discretionary investment authority. The Town shall not enter into
an investment transaction with a business organization prior to receiving the signed certification.
Prudence [PFIA 2256.006]
The standard of care to be applied by the Investment Officers shall be the “prudent person” rule. This rule
states that “Investments shall be made with judgment and care, under prevailing circumstances, that a
person of prudence, discretion and intelligence would exercise in the management of the person’s own
affairs, not for speculation, but for investment, considering the probable safety of capital and the probable
income to be derived.” In determining whether an Investment Officer has exercised prudence with respect
to an investment decision, the determination shall be made taking into consideration:
The investment of all funds, or funds under the Town of Trophy Club’s control, over which the Officer
had responsibility rather than a consideration as to the prudence of a single investment.
Whether the investment decision was consistent with the written, approved Investment Policy of the
Town of Trophy Club.
Indemnification
The Investment Officers, acting in accordance with written procedures and exercising due diligence, shall
not be held personally responsible for a specific investment’s credit risk or market price changes, provided
that these deviations are reported immediately and the appropriate action is taken to control adverse
developments.
Ethics and Conflicts of Interest [PFIA 2256.005(i)]
Officers and employees involved in the investment process shall refrain from personal business activity that
would conflict with the proper execution and management of the investment program, or that would impair
their ability to make impartial decisions. Investment Committee members shall refrain from undertaking
personal investment transactions with the same individual with which business is conducted on behalf of
the Town of Trophy Club.
An Investment Officer of the Town of Trophy Club who has a personal business relationship with an
organization seeking to sell an investment to the Town of Trophy Club shall file a statement disclosing that
personal business interest. An Investment Officer who is related within the second degree by affinity or
consanguinity to an individual seeking to sell an investment to the Town of Trophy Club shall file a statement
disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics
Commission and the Town Council.
VII.SUITABLE AND AUTHORIZED INVESTMENTS
Portfolio Management
The Town of Trophy Club currently has a “buy and hold” portfolio strategy. Maturity dates are matched
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with cash flow requirements and investments are purchased with the intent to be held until maturity.
However, investments may be liquidated prior to maturity for the following reasons:
An investment with declining credit maybe liquidated early to minimize loss of principal.
Cash flow needs of the Town of Trophy Club require that the investment be liquidated.
Investments [PFIA 2256.005(b)(4)(A)]
Trophy Club funds governed by this Policy may be invested in the instruments described below, all of
which are authorized by theChapter 2256 of the Government Code ( Public Funds Investment Act).
Investment of Town of Trophy Club funds in any instrument or security not authorized for investment under
the Act is prohibited. The Town of Trophy Club will not be required to liquidate an investment that becomes
unauthorized subsequent to its purchase.
I.Authorized
1.Obligations, including letters of credit, of the United States, its agencies and instrumentalities,
including the Federal Home Loan Banks.
2.Direct obligations of the State of Texas, its agencies and instrumentalities or obligations of
agencies, counties, cities, and other political subdivisions of this State rated as to investment quality
by a nationally recognized investment rating firm of not less than “A” or its equivalent.
3.Other obligations, the principal and interest of which are unconditionally guaranteed or insured by,
or backed by the full faith and credit of, the State of Texas or the United States or their respective
agencies and instrumentalities, including obligations that are fully guaranteed or insured by the
Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States.
4.Certificates of Deposit and other forms of deposit issued by a depository institution that has its main
office or a branch office in Texas. The certificate of deposit must be guaranteed or insured by the
Federal Deposit Insurance Corporation (“FDIC”) or its successor, or the National Credit Union
Share Insurance Fund (“NCUSIF”) or its successor, or secured by obligations in a manner and
amount as provided by law. In addition, deposits obtained through a depository institution that has
its main office or a branch office in Texas and that contractually agrees to place the funds in
federally insured depository institutions in accordance with the conditions prescribed in Section
2256.010(b) of the Public Funds Investment Act are authorized investments. Additionally, fFunds
may also be invested by the Town through a broker that has a main office or branch office in Texas
and is selected from a list approved by the Town as required by section 2656.025 of the Public
Funds Investment Act or a depository institution that has a main office or branch office in Texas
and is selected by the Town are authorized investments if the following conditions are met:
a.the broker or depository institution selected by the Town as specified above arranges
for the deposit of the funds in certificates of deposit in one or more federally insured
depository institutions, wherever located, for the account of the Town;
b.the full amount of the principal and accrued interest of each of the certificates of deposit
is insured by the United States or an instrumentality of the United States; and
c.the Town appoints a depository bank or a clearing broker registered with the Securities
and Exchange Commission Rule 15c-3 (17CFR, Section 240 15c3-3) as custodian for
the Town with respect to the certificates of deposit issued for account to the Town.
5.Fully collateralized direct repurchase agreements with a defined termination date secured by
obligations of the United States or its agencies and instrumentalities. These shall be pledged to the
Town of Trophy Club, held in an account in the Town of Trophy Club’s name, and deposited at the
time the investment is made with the Town of Trophy Club or with a third-party selected and approved
by the Town of Trophy Club. Repurchase agreements must be purchased through a primary
government securities dealer, as defined by the Federal Reserve, or a financial institution doing
business in Texas. A Master Repurchase Agreement, or similar agreement, must be signed by the
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bank/dealer prior to investment in a repurchase agreement. All repurchase agreement transactions
will be on a delivery versus payment basis. Securities received for repurchase agreements must
have a market value greater than or equal to 102 percent at the time funds are disbursed. (This
section pertains to Sweep Accounts and/or Bond Proceeds)
6.No-Load Money Market Mutual funds that: 1) are registered and regulated by the Securities and
Exchange Commission and provide a prospectus and other information required by the Securities
and Exchange Act of 1934 (15 U.S.C. Section 78a) or the Investment Company Act of 1940 (15
U.S.C. Section 80a-1), and 2) seek to maintain a stable net asset value of $1.0000 per share.
7.Local government investment pools, which 1) meet the requirements of Chapter 2256.016 of the
Public Funds Investment Act, 2) are rated no lower than AAA or an equivalent rating by at least
one nationally recognized rating service, and 3) are authorized by resolution or ordinance by the
Town Council. In addition, a local government investment pool created to function as a money
market mutual fund must mark its portfolio to the market daily and, to the extent reasonably
possible, stabilize at a $1.0000 net asset value.
If an investment in the Town’s portfolio becomes an unauthorized investment due to changes in the
Investment Policy or the Public Funds Investment Act, or an authorized investment is rated in a way that
causes it to become an unauthorized investment, the Investment Committee of the Town shall review the
investment and determine whether it would be more prudent to hold the investment until its maturity, or to
redeem the investment. The Investment Committee shall consider the time remaining until maturity of the
investment, the quality of the investment, and the quality and amounts of any collateral which may be
securing the investment in determining the appropriate steps to take. [PFIA 2256.021].
II.Not Authorized [PFIA 2256.009(b)(1-4)]
Investments including interest-only or principal-only strips of obligations with underlying mortgage-backed
security collateral, collateralized mortgage obligations with an inverse floating interest rate or a maturity
date of over 10 years are strictly prohibited.
VIII.INVESTMENT PARAMETERS
Maximum Maturities [PFIA 2256.005(b)(4)(B)]
The longer the maturity of investments, the greater their potential price volatility. Therefore, it is the Town
of Trophy Club’s policy to concentrate its investment portfolio in shorter-term securities investments in order
to limit principal risk caused by changes in interest rates.
The Town of Trophy Club attempts to match its investments with anticipated cash flow requirements. The
Town of Trophy Club will not directly invest in securities maturingfor more than three years from the date of
purchase; however, the above described obligations, certificates, or agreements may be collateralized
using longer dated investments.
Because no secondary market exists for repurchase agreements, the maximum maturity shall be 120 days
except in the case of a flexible repurchase agreement for bond proceeds. The maximum maturity for such
an investment shall be determined in accordance with project cash flow projections and the requirements
of the governing bond ordinance.
The composite portfolio will have a weighted average maturity of 365 days or less. The dollar-weighted
average maturity will be calculated using the stated final maturity dates of each security. [PFIA
2256.005(b)(4)(C)].
Diversification [PFIA 2256.005(b)(3)]
The Town of Trophy Club recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is managed through 38
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portfolio diversification that shall be achieved by the following general guidelines:
Limiting investments to avoid overconcentration in investments from a specific issuer or business sector
(excluding U.S. Treasury securities and financial institution deposits that are fully insured and
collateralized in accordance with state and federal law),
Limiting investments that have higher credit risk,
Utilizing investments with varying maturities, and
Continuously investing a portion of the portfolio in readily available funds such as local government
investment pools (LGIPs), money market accounts, money market funds, or overnight repurchase
agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations.
IX.SELECTION OF BANKS AND DEALERS
Depository
At least every five years a Depository shall be selected through the Town of Trophy Club’s banking services
procurement process, which shall include a formal request for application (RFA). The selection of a
depository will be determined by competitive application and evaluation of applications will be based on the
most favorable terms and conditions for the handling of Town funds.
Authorized Brokers/Dealers [PFIA 2256.025]
The Town of Trophy Club Investment Committee (see Section XIII) shall, at least annually, review, revise,
and approve a list of qualified broker/dealers authorized to engage in securities transactions with the Town
of Trophy Club. Authorized firms may include primary dealers or regional dealers that qualify under
Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule).
Competitive Environment Bids
It is the policy of the Town of Trophy Club to provide a competitive environment for all investment activities.
The Investment Officers shall develop and maintain procedures for ensuring competition in the investment
of the Town of Trophy Club’s funds and are authorized to solicit bids for investments orally, in writing,
electronically, or in any combination of these methods.
Delivery vs. Payment [PFIA 2256.005(b)(4)(E)]
Securities shall be purchased using the delivery vs. payment method, with the exception of investment
pools and mutual funds. Funds will be released after notification that the purchased security has been
received.
X.SAFEKEEPING AND CUSTODYIAL
CREDIT RISK MANAGEMENT Safekeeping and Custodial Agreements
The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either owned
by the Town of Trophy Club as part of its investment portfolio or held as collateral to secure demand or time
deposits. Securities owned by the Town of Trophy Club shall be held in an account in the Town of Trophy
Club’s name as evidenced by safekeeping receipts of the institution holding the securities. Original
safekeeping receipts shall be obtained and held by the Town.
Collateral for deposits will be held by a third-party custodian designated by the Town of Trophy Club and
pledged to the Town of Trophy Club as evidenced by pledge receipts of the institution with which the
collateral is deposited. Collateral may be held by the depository bank’s trust department, a Federal Reserve
Bank or branch of a Federal Reserve Bank, a Federal Home Loan Bank, or a third-party bank approved by
the Town of Trophy Club.
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Collateral Policy [PFCA 2257.023]
Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the Town of Trophy
Club to require full collateralization of all non-insured Town of Trophy Club funds on deposit with a financial
institution and a written depository agreement acceptable to the Town. The market value of the securities
collateralizing the deposit of funds shall be at least equal to 102% of the principal and accrued interest on
the deposits less an amount insured by the FDIC or NCUSIF. Collateral in the form of letters of credit
issued by the Federal Home Loan Bank must be equal to 100% of the principal and anticipated interest of
deposits less the applicable level of FDIC insurance. At its discretion, the Town of Trophy Club may require
a higher level of collateralization for certain investment securities held as collateral. Securities pledged as
collateral shall be held by an independent third-party with whom the Town of Trophy Club has a current
custodial agreement. The Investment Officers are responsible for entering into collateralization agreements
with third-party custodians in compliance with this Policy. The agreements are to specify the acceptable
investment securities for collateral, including provisions relating to possession of the collateral, the
substitution or release of investment securities, ownership of securities, and the method of valuation of
securities. A clearly marked evidence of pledge must be supplied to the Town of Trophy Club and retained.
Collateral shall be reviewed at least monthly to assure that the market value of the pledged securities are
adequate.
The custodial portion of the depository agreement shall define the Town’s rights to the collateral in case of
default, bankruptcy or closing and shall establish a perfected security interest in compliance with Federal
and State regulations, including:
The Agreement must be in writing;
The Agreement must be executed by the depository and the Town contemporaneously with the
acquisition of the asset;
The Agreement must be approved by the board of directors or the loan committee of the depository
and a copy of the meeting minutes must be delivered to the Town; and
The Agreement must be part of the depository’s “official record” continuously since its execution.
Collateral Defined
The Town of Trophy Club shall accept only the following types of collateral:
Obligations of the United States or its agencies and instrumentalities
Direct obligations of the State of Texas or its agencies and instrumentalities
Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the
United States, the underlying security for which is guaranteed by an agency or instrumentality of the
United States
Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as
to investment quality by a nationally recognized rating firm not less than A or its equivalent with a
remaining maturity of ten (10) years or less
A surety bond issued by an insurance company rated as to investment quality by a nationally
recognized rating firm not less than A
A letter of credit issued to the Town of Trophy Club by the Federal Home Loan Bank
Subject to Audit
All collateral shall be subject to inspection and audit by the Investment Officers or their designee, Including
the Town of Trophy Club’s independent auditors.
XI.PERFORMANCE
Performance Standards
The Town of Trophy Club’s investment portfolio will be managed in accordance with the parameters
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specified within this Policy. The portfolio shall be designed with the objective of obtaining a market rate of
return through budgetary and economic cycles, commensurate with the investment risk constraints and the
cash flow requirements of the Town of Trophy Club.
Performance Benchmark
It is the policy of the Town of Trophy Club to purchase investments with maturity dates coinciding with cash
flow needs. Through this strategy, the Town of Trophy Club shall seek to optimize interest earnings utilizing
allowable investments available in the market at that time. The Town of Trophy Club’s portfolio shall be
designed with the objective of regularly meeting or exceeding the benchmark(s) as appropriate per the
investment strategy statements. Weighted Average Yield to Maturity shall be the standard for calculating
portfolio rate of return.
XII.REPORTING [PFIA 2256.023]
Methods
The Investment Officers shall prepare a written investment report on a quarterly basis that summarizes
investment strategies employed in the most recent quarter and describes the portfolio in terms of
investment securities, maturities, and shall explain the total investment return for the quarter.
The quarterly investment report shall include a summary statement of investment activity prepared in
compliance with the PFIA. This summary will be prepared in a manner that will allow the Town of Trophy
Club to ascertain whether investment activities during the reporting period have conformed to the
Investment Policy. The report will be provided to the Town Council and signed by the Investment Officers.
The report will include the following:
A listing of individual securities investments held at the end of the reporting period.
Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and
ending book and market value of securities investments for the period.
Additions and changes to the market value during the period.
Average weighted yield to maturity of portfolio as compared to applicable benchmarks.
Listing of investments by maturity date.
Fully accrued interest for the reporting period.
The percentage of the total portfolio that each type of investment represents.
Statement of compliance of the Town of Trophy Club’s investment portfolio with state law and the
investment strategy and policy approved by the Town Council.
An independent auditor will perform a formal annual review of the quarterly reports with the results reported
to the Town Councilgoverning body [PFIA 2256.023(d)].
Monitoring Market Value [PFIA 2256.005(b)(4)(D)]
Market value of all securities in the portfolio will be determined at least on a quarterly basis. These values
will be obtained from a reputable and independent source and disclosed to the Town Councilgoverning
body quarterly in a written report.
XIII.INVESTMENT COMMITTEE
Members
An Investment Committee, consisting of the Town Manager and the Investment Officers, shall review the
Town’s investment strategies and monitor the results of the investment program periodically. This review
can be done by reviewing the quarterly written reports and by holding committee meetings as necessary.
The committee will be authorized to invite other advisors to attend meetings as needed.
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Scope
The Investment Committee shall include in its deliberations such topics as economic outlook, investment
strategies, portfolio diversification, maturity structure, potential risk to the Town’s funds, evaluation and
authorization of broker/dealers, acceptable training sources, rate of return on the investment portfolio, and
review of compliance with the Investment Policy. The Investment Committee will also advise the Town
Council of any future amendments to the Investment Policy that are deemed necessary or recommended.
Procedures
The Investment Policy shall require the Investment Committee to provide minutes of investment
information discussed at any meetings held. The committee shall meet at least annually to discuss the
investment program and policy.
XIV.INVESTMENT POLICY ADOPTION [PFIA 2256.005(e)]
The Town of Trophy Club’s Investment Policy shall be adopted by resolution of the Town Council. It is the
Town of Trophy Club’s intent to comply with state laws and regulations. The Town of Trophy Club’s
Investment Policy shall be subject to revisions consistent with changing laws, regulations, and needs of
the Town of Trophy Club. The Town Council shall adopt a resolution stating that it has reviewed the policy
and investment strategies not less than annually, approving any changes or modifications.
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TOWN OF TROPHY CLUB
LIST OF AUTHORIZED BROKER/DEALERS
Financial Northeastern Companies
Main Contact: Samuel VaughanSteven Azzato
svaughansazzato@financialnortheastern.com
8717 Ken Aaron Court100 Passaic Avenue
Austin, TX 78717 Fairfield, NJ 07004
(973) 396-105243
Frost Capital Markets
Main Contact: Cody Hundley
cody.hundley@frostbank.com
100 West Houston Street, Suite 110
San Antonio, TX 78205
(210) 220-6156
FHN Financial
Main Contact: Zach Brewer John “Buddy” Saragusa
zach.brewer buddy.saragusa@fhnfinancial.com
920 Memorial City Way, 11th Floor
Houston, TX 77024
(713) 435-435175
Multi-Bank Securities
Main Contact: Carol Mackoff
cmackoff@mbssecurities.com
20 North Wacker Drive, Suite 1829
Chicago, IL 60606
(888) 857-4740
Wells Fargo Securities
Main Contact: Chuck Landry
chuck.landry@wellsfargo.com
1445 Ross Avenue, Suite 420
Dallas, TX 75202
(214) 777-4018
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TOWN OF TROPHY CLUB
APPROVED INDEPENDENT TRAINING SOURCES
American Institute of Certified Public Accountants
Council of Governments
International City/County Management Association
Government Finance Officers Association
Government Finance Officers Association of Texas
Government Treasurers’ Organization of Texas
Texas City Management Association
Texas Municipal Clerks Association
Texas Municipal League
University of North Texas Center for Public Management
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Page 1 of 2
To: Mayor and Town Council
From: Wade Carroll, Town Manager
CC: Leticia Vacek, Town Secretary
Mike Erwin, Finance Manager
April Duvall, Chief Financial Analyst
Re: Waiver Request from Denton County for penalties and interest
Account #726658DEN
Agenda Item:
Consider and take appropriate action regarding waiving penalties and interest on Account
#726658DEN in the amount of $346.57 in penalties and $115.53 in interest for an amount totaling
$ 462.10. (W. Carroll).
Strategic Link:
Administrative & Financial Services – Exercise fiscal discipline in all Town operations.
Background and Explanation:
A request for waiver of penalty and interest on the above mentioned account has been
received by the Denton County Tax Assessor/Collector office.
Due to an act of omission on part of the Appraisal District, the property owner failed to make
payment before the delinquency date. The supplemental bill went to the previous owner
instead of the new owner as required by law. The Central Appraisal District did have the
appropriate address.
Payment was made within 21 days.
Pursuant to Section 33.011 of the Property Tax Code, a request for waiver of penalty and
interest may be applicable.
Your delinquent tax attorney has reviewed and recommended a waiver of penalty and interest.
Council action is required for final waiver of the above mentioned penalties and interest.
Financial Considerations:
Waiving a total of $462.10 of property tax revenue.
45
Page 2 of 2
Legal Review:
Town Attorney recommends approval of waiver.
Board/Commission/ or Committee Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends waiver of penalties and interest for Account #726658DEN.
Attachments:
Request to Waive Penalty and Interest Response Memo
Documentation from Denton County
Town Council Approval:
Mayor Alicia L. Fleury or designee
46
RESPONSE MEMO
OFFICIAL ACTION OF GOVERNING BODY
Town of Trophy Club Name of Governing Body: _______________ _
11-1-2021
Date: ------
Account Number(s): 726658DEN
On this date ______ _, the Denton County Tax Assessor-Collector is
hereby authorized to provide for the following action:
__ Waiver of penalty and interest is GRANTED on the above account number(s)
__ Waiver of penalty and interest is DENIED on the above account number(s)
Signature __________________ _
Printed Name _________________ _
47
Date: 11-1-2021
D ear Town of Trophy Clu b
DENTON COUNTY
Office of
Michelle French, P.C.C.
T ax Assessor/Co ll ector
1505 E. McK inney St.
Denton, TX 76209
Governing Body Waiver for Penalty and Interest on the following property tax account(s):
726658DEN-Quasar Hotels LLC a
A request for waiver of pen a lty and interest o n t he above me ntioned account(s) has been received by the Denton county Tax
Assessor/Collector office.
Deed filed Apr 2019 but su pplemental correction sent to Tax Office Apr 2020. However prior owne r name was
listed . The new, correct owner never received a tax bill. Request made within 180 days and tax atty's have
recommended the waiver of penalty and interest for 2020 tax year. Property owner made pymt within 21 days on
base tax due. Pen: $346 .57 Int: $115 .53 Total P & I Req: $462 .10
The property owner hasO has not O aid taxes, penalty and interest within the required 21 days from the date the
property owner knew or should have known that taxes were due.
Pursuant to Section 33.0 l l o f the Property Tax Code, a request for waiver of penalty and interest may be applicable.
Your delinquent tax attorn ey has reviewed and recomme nded a waiver of penalty and interest. However please consult
your attorney iftbere are questions regarding the accounts li sted and the request for waiver.
J&L
h
D enton County Tax Assessor/Collector
Motor Vehicle Department
P.O. Box 90204
Denton, TX 76202-5204
940-349-3510
www.tax.dentoncounty.com Property Tax Department
P.O. Box 90223
Denton, TX 76202-5223
940-349-3500
48
Michelle French
From:
Sent:
Cra ig Morgan <Craig.Morgan@mvbalaw.com>
Friday, October 22, 2021 9:5 9 AM
To:
Subject:
C. Corey Fickes; Michelle French; Matthew Tepper
Re: 726658DEN -Removal o f Penalties & Interests
lcAUTION: This email originated from outside the organization. Do not click links or open attachments unless you
I
recognize the sender and know the content is safe Never enter your password or other sensitive information on linked
web pages contained in emails unless you are certain the web pages are safe. If you have questions or need
assistance, please contact the Help Desk. ---------------------------------'
Michelle,
I believe we had the same conversation that Corey mentions in t his email. The CAD had an address from the
protest notice. The supp bill went to the old owner and not to the new owner as requir ed under the law .
Although the new owner did protest and a claim could be made he should have known , a supp bill is required
to be mailed. The CAD had an appropriate address.
Get Outlook for Android
From: C. Corey Fick es <Co rey.Fickes@ lgbs.com>
Sent: Thursday, October 21, 2021 3:31:15 PM
To: Michelle French <Michelle.Frenc h @dentoncounty.gov>; Matthew Tepper <Matthew.Tep per@ mvbalaw.com>; Craig
Morgan <C raig.Morgan@mvbalaw.com >
Subject: RE: 726658DEN -Removal of Penalties & Interests
■ This message was sent from outside The Firm
Miche lle
While we may be able to support our claim t hat h e knew o r shoul d have known, the e r ror occurred at the appraisal
district and he paid as required by t he code for waivers.
My clients will not object to a waiver and believe the situation is murky enough to permit the waiver.
Thanks
Corey
C. Corey Fickes
Capita l Partne r
Linebarger Goggan Blair & Sampson, LLP
Attorneys at Law
I 00 Throckmo rto n
Suite 30 0
Fort W o rth, TX 76102
Corey.Fickes@lgbs.com
1
49
Server: smitaxprod 1.database. win dows.net
Database: TaxOffice_De nto n
User: SPI NDLEMEDIA\michelle.french
Form: Pay ment History
Date: 11 /1/2021 4:44:56 PM
~ccount I726658DEN
Lege.I TRO PHY CLU B TOWN CENTER
DITI ON BLK A LO T 4
20 19
20200206-6167 I
I
10/30/2019 2019 !.[ .. J. .. . .. . . . . ........ -·.
Pe.ym e nt Detai ls !Audit Paym e nt J
Year Unit Type Rec
.. , Total
202 0 C2 8 Pe.vment L
' 2020 S11 Payment L
20 20 I W03 Pe.vment L
2020 061 Payment L
..:J AD # SJ13SOA-0OOOOOA-0000-0004-0000 ~
Owner QUASAR HOTELS LLC
N
1
2451 'W GRAPEVINE MILLS CIR STE 400
Ta.;.;ice . GRAPEVI NE , TX76051-2096 US
100199197860 ST ANTEC
CH 114 8
12222 MERIT DR STE 400
DALLAS 1X 75251
RPS aliciaw
P ri nt Rece ipt Print History Edit Payment !
P' Refu nd s P'
Amount Pen Paid In t Paid Atty Paid Def Int
13,685.46 1,642.25 547.41 3,175.01 0.00
2,888 .14 , 346 .57 115.53 670 .04 .00
8,644 .83 1,037.38 345 .79 2,005 .60 .00
697 .00 83.64 27 .88 161.70 1 .00
1,455.49 174 .66 58.21 337.67 .00
Ste.t I :=====
Sup .__I __ _
..
►
Year. Unit Type ~
FdlO r-e s
Tota l Paid
19,050.13
4,020.2 8
12,033.60
970.22
2,02 6.03
50
a;ount i■@iiii
Legel TROPHY CLUB TO\IIN CENTER
OITION BLK A LOT 4
Reltesh I
_:J /J.D # SJl:Blt,fflXm\.fflX).00)400'.Xl 1...!J,!j
Owner QUASAR HOTELS LLC
N 2451 W GRAPEVI NE MILLS CIR STE 400
T a.Offa;e GRAPEVINE , TX 76001 -2096 US .._ _________ ___
Correspondence I Detail I Audit I
05/03/2021 12.00 00 AM
JLIS LLC
13101 PRESTON RD STE 200
DALlAS, lX 752◄0
T ax Statement JLIS LLC
13101 PRESTON RD STE 200
DALLAS. lX 7524 0
2020
Stat !e=I== l ~3
Sup I j
Sl 9.05013 DEN2020-SINGLE 05/05/2021
3:03:00 PM
39049514
51
Page 1 of 2
To: Mayor and Town Council
From: Patrick Arata, Police Chief
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary
Re: Amend Resolution for the Juvenile Justice Grant to include new Town Manager
Town Council Meeting, November 11, 2021
Agenda Item:
Consider and take appropriate action regarding an Amendment to the Juvenile Justice Grant to
include the new Town Manager; and authorizing the Mayor or her designee to execute all
necessary documents (Staff).
Strategic Link:
Safety & Security: Achieve exceeding high standards for public safety and low crime rate.
Background and Explanation:
Drug Interdiction and Juvenile Justice Program Grant Resolution is amended to add Town Manager
Wade Carroll.
This Grant resolution is being amended to add the new Town Manager to execute all necessary
documents related to requesting the grant funding for 2021 and 2022.
We are in the second year of the 3-year grant.
Financial Considerations:
The amendment is needed to receive the grant funding.
Legal Review:
Town Council Dodd has reviewed the Amendment.
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends approval of Amendment.
52
Page 2 of 2
Attachments:
Resolution 2021-17
Town Council Approval:
Mayor or designee
53
TOWN OF TROPHY CLUB
RESOLUTION NO. 2021-17
A RESOLUTION OF THE TROPHY CLUB TOWN COUNCIL AMENDING
RESOLUTION 2020-09 BY UPDATING THE DESIGNATED GRANTEE'S
NAME AND TITLE OF WADE CARROLL AS TOWN MANAGER AS THE
GRANTEE'S AUTHORIZED OFFICIAL TO APPLY FOR, ACCEPT,
REJECT, ALTER, TERMINATE, AND EXECUTE ALL NECESSARY
DOCUMENTS OF THE GRANT APPLICATION FOR THE DRUG
INTERDICTION AND JUVENILE RESOURCE OFFICER PROGRAM FOR
THE 2020-2021 FISCAL YEAR.
WHEREAS, the Trophy Club Town Council finds it in the best interest of the citizens
of Trophy Club that the Drug Interdiction and Juvenile Resource Officer Program for the
2020-2021 Fiscal Year; and
WHEREAS, the Trophy Club Town Council agrees to provide applicable matching
funds for said project; and
WHEREAS, the Trophy Club Town Council agrees that in the event of loss or misuse
of the Office of the Governor funds, the Trophy Club Town Council assures that the funds
will be returned to the Office of the Governor in full; and
WHEREAS, the Town of Trophy Club finds it necessary to update the
Designated Grantee's name and title for the Drug Interdiction and Juvenile Resource
Officer Program to be operated in the 2020-2021 fiscal year; and
WHEREAS, the Town of Trophy Club designates Wade Carroll, Town Manager as
the Grantee's Authorized Official, which is given the power to apply for, accept, reject,
alter, or terminate the grant on behalf of the Town of Trophy Club and to execute or
name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF TROPHY CLUB,
TEXAS:
Section 1
The Town of Trophy Club hereby updates the Designated Grantee's Authorized Official
with Wade Carroll, Town Manager and authorizes the Town Manager or his designee
to execute all documents.
Section 2
This Resolution shall become effective immediately after its passage.
PASSED AND APPROVED by the Trophy Club Town Council on this 11th day of
November 2021.
__________________ Alicia L. Fleury, Mayor
ATTEST:
______________________________
Leticia Vacek, TRMC, CMC, MMC
Town Governance Officer
Grant Application Number: 4116001
54
Page 1 of 7
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: Modification to the TCRYBA Non-Exclusive Use Agreement
Town Council Meeting, November 11, 2021
Agenda Item: Consider and take action regarding amending the Use Agreement between
the Town of Trophy Club and the Trophy Club Roanoke Youth Baseball Association; and
authorizing the Mayor or her designee to execute all necessary documents (T. Jaramillo)
Strategic Link:
Nature & Beautification – Maintain Town assets, services and codes of ordinances that
preserve the natural beauty of the Town.
Infrastructure & Development – Collaborate effectively with other governmental entities.
Background and Explanation:
Staff met with the Council Sports Subcommittee October 4, 2021, and met with the Trophy
Club Roanoke Youth Baseball Association (TCRYBA) on September 9, 2021 and discussed
requests made by TCRYBA regarding their current agreement with the Town and conversely,
discussed requests made by the Council Subcommittee. The following revisions were made
in the agreement
1.2 Term. The term of this Agreement shall commence on January 1, 2022, and
shall end on December 31, 2022, unless otherwise terminated as provided herein.
After the initial term has expired, this contract will automatically renew for three (3)
additional terms of one (1) year each, provided that it is reviewed and approved by
Town Council after the completion of each fall season; and that such renewal is not
contested by either party within sixty (60) days of the contract's expiration date. If this
Agreement is terminated, neither party shall have any further obligation to the other
party except for payments already payable under the terms set forth in this Agreement,
any right otherwise set forth herein to use the name, logos, and/or marks of the other
party shall end immediately and any and all funds raised by TCRYBA in accordance
between the Town of Trophy Club and TCRYBA shall be paid in full to the Town and/or
all funds shall be utilized for a Capital Improvement Project.
55
Page 2 of 7
2.2 Consideration. In addition to the fees otherwise provided herein, for the Spring
Season and the Fall Season (defined below), TCRYBA shall assess and collect a fee
each season for each child who does not live within the corporate limits of the Town
of Trophy Club or the City of Roanoke. Such fee shall be thirty dollars ($30.00) per
child for each child who enrolls in the recreation division of the TCRYBA baseball
program and forty dollars ($40.00) per child for each child who enrolls in the select
division of the TCRYBA baseball program. Additionally, a flat fee of three-thousand
one hundred dollars ($3100.00) shall be provided to the Town for players that reside
in the 76262-zip code, but do not reside in the Town of Trophy Club or the City of
Roanoke. No later than the twenty-first (21st) day after the commencement of regular
season game play for the Spring Season and for the Fall Season, TCRYBA shall remit
to Town all such fees collected and shall provide the written report required by Section
12.02 of this Agreement.
2.3 The Recreation Division practices and games shall take priority over the Select
Division at all times. Should a season ever be canceled for any reason, TCRYBA shall
allow the Recreation Division to return to practices and games prior to the Select
Division. Once the Recreation Division returns and scheduled games and practices
have been established and provided to the Town of Trophy Club, the Select Division
may return to normal practices and games.
3.2 Tournaments. Upon forty-five (45) days written notice and approval of proposed
scheduling by TOWN, TCRYBA shall be allowed to schedule one Baseball
Tournament only involving the Recreation League teams during scheduled season as
described in section 3.1 of this agreement. TCRYBA shall submit a Special Event
Review (SERC) Application AND submit it to the Town no later than 45 days prior to
the tournament. TCRYBA shall pay tournament fees as outlined in the applicable
Schedule of Fees adopted by TOWN. The Town of Trophy Club shall host up to four
(4) baseball tournaments per season and one baseball world series per season. The
Town shall operate all concessions during the duration of the town hosted
tournaments and world series.
4.4 B Field Maintenance. TCRYBA through their President or designee shall
promptly notify the TOWN of all field maintenance requests, requests for additional
services or the existence of unsafe conditions by providing written notice to the Park
Superintendent and/or designee. Light maintenance may be performed by TCRYBA
such as raking of pitching mounds and/or homeplate areas.
56
Page 3 of 7
4.8 Partnership Opportunities. TCRYBA shall diligently pursue any actions or
opportunities that will reduce the maintenance and operational costs of both TCRYBA
and TOWN, including without limitation, capital improvement initiatives and other
TOWN authorized activities. Representatives of the TCRYBA shall meet with the
TOWN staff representatives annually prior to the commencement of each spring and
fall.
Objective. The objective is to express the willingness of both parties to engage in an
effort to raise funds for the purpose of capital improvements and repairs affiliated
with baseball operations at Independence Park by allowing TCRYBA to sell and
display sponsorship signage within the park.
Proceeds
A.Proceeds from the sale of sponsorship signage are to be placed within a
designated fund, controlled by the TCRYBA.
B.Signage should reflect positively on the Trophy Club community.
C.Sponsorship signage must be placed facing inwards on the outfield fences
within the baseball fields of Independence Park.
D.TCRYBA shall be responsible for the installation, repair, replacement or
removal of all sponsorship signage.
E.TCRYBA and the Town of Trophy Club’s Parks and Recreation Director shall
meet prior to the commencement of each spring and fall season to review the
sponsorship signage program and plan capital improvements and funding.
After the meeting, the Town of Trophy Club’s Parks and Recreation Director
shall prepare a written plan that shows the improvements to be made, proof of
ability to fund and responsibility for funding.
F.TCRYBA shall provide a copy of their Annual Form 990 or 990-N as filed with
the IRS for review before this agreement becomes effective and then during
the month of March each year thereafter. TCRYBA shall provide banking
documentation of the past twelve months deposit bank statements received for
sponsorship donations each year at the beginning of discussions for capital
improvements and funding.
5.1 During questionable weather periods, field playability status will be posted on
the TOWN'S TC Alert system available to the public by 12:00 p.m. weekdays and by
7:00 a.m. Saturdays, Sundays, and Holidays by TOWN'S Parks Superintendent
and/or designee. Emergency contact numbers shall be distributed to TCRYBA
designated officials prior to season start.
6.4 TCRYBA may operate the concession stand at Independence Park East and
Independence Park West during the two seasons determined within this agreement.
TCRYBA must follow all current Texas food establishment guidelines.
A.TCRYBA shall be responsible for the cleanliness of each stand operated.
57
Page 4 of 7
B.The TOWN will supply water, electricity and make any repairs to the
concession stand when needed.
C.All food items and drinks must be removed from the concession stand within
ten (10) days after each season. This includes from all refrigerator and freezer
units.
D.Upon completion of all performed cleaning services from the third-party
contractors, a scheduled walk-through must be performed by the TCRYBA
President or designee and the Parks Superintendent or designee.
6.5 Food Service: The use of propane grills is permitted, however, LP-gas
containers in storage shall be located in a manner that minimizes exposure to
excessive temperature rise, physical damage or tampering. LP-gas grill must be ten
(10) feet from any building structure while being operated as a cooker.
7.3 Restrictions: Neither the Town nor TCRYBA shall display any Sponsor logo,
mark, sign, banner, or other visual display, or print, publish, or distribute any written or
visual material provided by or on behalf of Sponsor, that contains: a comparative or
qualitative description of Sponsor’s product or business; price information or any other
indications of savings or value about Sponsor’s product or business; any message
that otherwise endorses Sponsor’s product or induces one to purchase or use
Sponsor’s product; or any message that causes Sponsor’s payments to not be treated
as “qualified sponsorship payments” as that term is defined in Section 513(i) of the
Internal Revenue Code and related regulations.
7.4 Indemnification: Sponsor and TCRYBA shall indemnify, defend, and hold
harmless the Town of Trophy Club, it’s trustees, officers, employees, agents,
representatives and the Town from and against any and all liability, loss or damage
(including injury, death, or damage to person and/or property) directly or indirectly
associated with any claims, demands, actions, causes of action, judgements, costs,
expenses and/or attorney’s fees (“Claims”) that result from, arise out of, or relate to:
(1) Sponsor’s breach of this agreement; (2) the provision of goods, services, or
equipment by Sponsor or its officers, directors, employees, agents, contractors, or
representatives under this Agreement; or (3) the Town’s or TCRYBA’s use under this
Agreement of the Sponsor’s name, logos, and/or marks, including any actual or
alleged infringement or violation by the Sponsor’s name, logos, or marks of any third
party’s intellectual property or other rights. This paragraph (7.2) shall survive the
termination or expiration of this Agreement and shall not apply to the extent that said
Claims arise out of the sole negligence of the trustees, officers, agents, or employees
of the Town.
7.5 LIMITATION OF LIABILITY: To the maximum extent permitted by law, in no
event will the Town or TCRYBA be liable for any indirect, incidental, consequential, 58
Page 5 of 7
punitive, special, or exemplary damages arising out of or that relate in any way to this
Agreement, its performance, or the sponsorship. This exclusion will apply regardless
of the legal theory on which any claim for such damages is based, whether the Town
or TCRYBA had been advised of the possibility of such damages, whether such
damages were reasonably foreseeable, or whether application of the exclusion causes
any remedy to fail of its essential purpose.
7.6 CONFLICT: If the Town, TCRYBA, or a member thereof signs any document
provided by the Sponsor (including, without limitations, an order form, invoice, pricing
list, or agreement), the terms of this Agreement shall govern and control in the event
of a conflict between the documents provided by the Sponsor and the terms of this
Agreement. In addition, any limitation of liability, defense, indemnification, or hold
harmless provision of such Sponsor document shall be void and of no force or effect.
9.2 Penalties. In addition to all other rights and remedies of TOWN under the terms
of this Agreement and Town Ordinance, as a penalty for violation of any of the terms
or conditions of this Agreement or of a Town Ordinance when such violation results in
damage to TOWN property or facilities, TCRYBA shall pay the actual cost of the repair
of such damage plus a one hundred dollar ($100.00) fee per hour for each TOWN staff
person utilized to make the repair. Further, in addition to the foregoing penalty and all
other remedies legally available to TOWN, in the event that participants, guests or
spectators at a TCRYBA scheduled activity engage in any action or behavior, whether
intentional or negligent, that causes or results in damage to TOWN property, TCRYBA
shall pay the actual cost of the repair of such damage plus a one hundred dollar
($100.00) fee per hour for each TOWN staff person utilized to make the repair.
12.2 Reports. On or before the twenty-first (21st) day following the commencement
of the Spring Season and the Fall Season, TCRYBA shall provide a written report
identifying the total number of TCRYBA registered players, the city of residence for
each such player, the associated age division for each such player, and the
classification of the player as a member of a recreation team or a select team. There
will be a $100.00 per business day late fee assessed on all late documentation and
fees. Late fees must be paid within thirty (30) days of invoice, or the Town may deny
access to fields and concessions until documentation is received. Additionally, all
baseball fields at Independence Park will not be available for practice or games until
all appropriate documentation has been submitted by TCRYBA unless agreed upon
by both parties.
12.4 Background Checks. TCRYBA shall require that each person volunteering to
serve as a board member, head coach and/or an assistant coach, or in any other
capacity pass a background check. Additionally, all adult umpires shall be required to
successfully pass a background check. TCRYBA approved standards for successful
completion of a background check shall be provided to TOWN, and any person failing
to meet such standards shall not be allowed to volunteer, serve, or otherwise work for
59
Page 6 of 7
TCRYBA in any manner or capacity. TCRYBA shall provide written confirmation to
TOWN that all volunteers and coaches have passed a background check. The written
confirmation shall be filed before each season begins.
TCR YOUTH BASEBALL ASSOCIATION
By: _______________________________
Brandon Hennig, President
TCR Youth Baseball Association
Town of Trophy Club, TEXAS
By: _______________________________
Alicia Fleury, Mayor
Town of Trophy Club, Texas
Attest:
By: _______________________________
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: _______________________________
J. David Todd, Town Attorney
Town of Trophy Club, Texas
60
Page 7 of 7
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of ________________, 2021
by Alicia Fleury, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal
corporation, on behalf of such corporation.
______________________________
Notary Public in and for the State of Texas
Financial Considerations:
Not applicable.
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
The Council Sports Subcommittee recommends approval of the modified Amended Use Agreement.
Staff Recommendation:
Staff recommends approval of the modified Amended Use Agreement as presented.
Attachments:
Revised TCRYBA Amended Non-Exclusive Use Agreement
61
2022 Non-Exclusive Use Agreement with TCRYBA Page 1 of 16
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE
TOWN OF TROPHY CLUB
AND THE TCR YOUTH BASEBALL ASSOCIATION
THIS AMENDED NON-EXCLUSIVE USE AGREEMENT (hereinafter “Agreement”) is made
and entered into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter
referred to as "TOWN"), acting by and through its Mayor or designee, and the TCR Youth
Baseball Association (hereinafter referred to as "TCRYBA"), acting by and through the
President its Board of Directors, or designee.
WITNESSETH:
WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on
Independence (hereinafter "Independence Park"); and
WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball play;
and
WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically
identified herein below; and
WHEREAS, Capital improvement cost participation and other partnership opportunities shall
be pursued and shared by Town and TCRYBA as expressly set forth in this Agreement; and
WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with TOWN;
and
WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified herein
shall be used by TCRYBA solely for the purpose of providing baseball use for the members
of the TCRYBA; and
WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or
oral agreements for use of Independence Park, and by execution of this Agreement, the
parties agree and intend that this Agreement shall exclusively govern TCRYBA's use of
Independence Park.
NOW THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises,
the benefits flowing to each of the parties hereto, and other good and valuable consideration,
TOWN and TCRYBA do hereby agree as follows:
62
2022 Non-Exclusive Use Agreement with TCRYBA Page 2 of 16
1. INCORPORATION OF PREMISES / TERM
1.1 Incorporation of Premises. The foregoing premises to this Agreement are
incorporated herein for all purposes as if set out herein verbatim.
1.2 Term. The term of this Agreement shall commence on January 1, 2022, and shall end
on December 31, 2022 unless otherwise terminated as provided herein. After the initial
term has expired, this contract will automatically renew for three (3) additional terms
of one (1) year each, provided that such renewal is not contested by either party within
sixty (60) days of the contract's expiration date. If this Agreement is terminated, neither
party shall have any further obligation to the other party except for payments already
payable under the terms set forth in this Agreement, any right otherwise set forth
herein to use the name, logos, and/or marks of the other party shall end immediately
and any and all funds raised by TCRYBA in accordance by the Memorandum of
Understanding between the Town of Trophy Club and TCRYBA shall be paid in full to
the Town and/or all funds shall be utilized for a Capital Improvement Project.
2. INDEPENDENCE PARK / CONSIDERATION
2.1 Independence Park. TOWN, under the terms and conditions provided herein, shall
allow TCRYBA the non-exclusive use of Independence Park and facilities within the
park as specifically identified in Exhibit "A", a copy of which is attached hereto and
incorporated herein, for athletic and sporting events, to wit, baseball events.
2.2 Consideration. In addition to the fees otherwise provided herein, for the Spring
Season and the Fall Season (defined below), TCRYBA shall assess and collect a fee
each season for each child who does not live within the corporate limits of the Town
of Trophy Club or the City of Roanoke. Such fee shall be thirty dollars ($30.00) per
child for each child who enrolls in the recreation division of the TCRYBA baseball
program and forty dollars ($40.00) per child for each child who enrolls in the select
division of the TCRYBA baseball program. Additionally, a flat fee of three-thousand
one hundred dollars ($3100.00) shall be provided to the Town for players that reside
in the 76262-zip code, but do not reside in the Town of Trophy Club or the City of
Roanoke. No later than the twenty-first (21st) day after the commencement of regular
season game play for the Spring Season and for the Fall Season, TCRYBA shall remit
to Town all such fees collected and shall provide the written report required by Section
12.02 of this Agreement.
2.3 The Recreation Division’s practices and games shall take priority over the Select
Division at all times. Should a season ever be canceled for any reason, TCRYBA
shall allow the Recreation Division to return to practices and games prior to the
Select Division. Once the Recreation Division returns and scheduled games and
practices have been established and provided to the Town of Trophy Club, the
Select Division may return to normal practices and games.
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In further consideration for the use of Independence Park, TCRYBA hereby agrees to
provide a proposed use schedule (which specifically identifies complexes and fields
to be used) to the TOWN at least seven (7) days before the commencement of each
seasonal practice schedule and at least fifteen (15) days prior to each regular season
game schedule. In the event of changes in the game and or practice schedule,
TCRYBA shall provide TOWN with a written notice at least seventy-two (72) hours
prior to the proposed change. Acceptance of the proposed changes shall be within the
sole discretion of the Town; provided however, that acceptance shall not be
unreasonably withheld.
3. USE SCHEDULING/REGISTRATION
3.1 Regular Season. The "Spring Season" shall run from the first week of February
through the fourth week of June and the "Fall Season" shall run from the second week
of August through the fourth week of November, and shall include tryouts, all practice
and league games, tournaments and make-up games.
3.2 Tournaments. Upon forty-five (45) days written notice and approval of proposed
scheduling by TOWN, TCRYBA shall be allowed to schedule one Baseball
Tournament during scheduled season as described in section 3.1 of this agreement.
TCRYBA shall submit a Special Event Review (SERC) Application AND submit it to
the Town no later than 45 days prior to the tournament. TCRYBA shall pay tournament
fees as outlined in the applicable Schedule of Fees adopted by TOWN.
3.3 Scheduling. TOWN and TCRYBA agree that scheduling of additional games and
practices on dates not contained in the TOWN approved schedule shall not be
permitted unless these additional times are mutually agreed to in writing by the TOWN
and TCRYBA, and if allowed, there shall be no additional cost to TCRYBA. Use of
Independence Park shall be limited to the sports games and contests scheduled by
TCRYBA, and TCRYBA shall provide written notice of scheduling to the Parks and
Recreation Department in accordance with the time frames set forth in this Agreement.
TCRYBA shall provide one point of contact for all scheduling of Independence
Park. No TCRYBA tournaments and/or use of Independence Park by TCRYBA,
other than that expressly provided for under a TOWN approved schedule, shall be
allowed by the TOWN. Weather days, rain days, or suspension of play may require
rescheduling of events. TCRYBA shall provide written notice of such rescheduling
requests to the Parks and Recreation Department at least seventy-two (72) hours in
advance of the proposed schedule change.
The TOWN shall schedule one (1) day per week for each field on which TCRYBA will not
be allowed use of at Independence Park for either practice or games. The proposed
schedule shall be submitted to TCRYBA thirty (30) days prior to the commencement of
regular season practice for both the Spring Season and for the Fall Season.
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The Town reserves the right to use any field or facility within the seasons mentioned in
section 3.1 of this Agreement located at Independence Park for purposes other than
baseball upon submitting the scheduled use to TCRYBA ninety (90) days prior to that use.
3.4 Registration. During the registration period for both the Spring Season and the Fall
Season, TCRYBA shall provide priority registration for residents of the Town of Trophy
Club and the City of Roanoke by establishing a minimum of a three (3) week period of
time at the commencement of the registration period when only residents of Trophy
Club and residents of Roanoke may register for the season. At the end of the priority
registration period, registration shall also be opened to residents of other communities.
Additionally, in order for the TOWN to control field usage and to establish capacity
limits for field usage, TCRYBA shall restrict the maximum number of participants
allowed to register based upon the maximum number of weekly practice slots
available.
4. MAINTENANCE RESPONSIBILITIES
4.1 TOWN Maintenance Responsibilities. TOWN shall be responsible for routine
maintenance of Independence Park.
4.2 Repairs. TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings, lighting, or
other permanent structural improvements upon Independence Park.
4.3 Alterations. TOWN shall be permitted and shall have the right to make, at its own
expense, all alterations or additions to all or any portion of Independence Park as the
TOWN determines appropriate in its sole discretion, notwithstanding any conflicting
provision of this Agreement.
4.4 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be responsible
for the following:
A. Maintenance and Improvements Generally. Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of TCRYBA and shall only be allowed upon the prior written approval
of TOWN.
B. Field Maintenance. TCRYBA through their President or designee shall
promptly notify the TOWN of all field maintenance requests, requests for additional
services or the existence of unsafe conditions by providing written notice to the Park
Superintendent and/or designee. Light maintenance may be performed by TCRYBA
such as raking of pitching mounds and/or homeplate areas.
C. Bagged Trash: TCRYBA shall be responsible for emptying all trash
receptacles and properly disposing of all bagged trash that accumulates at facilities
utilized by TCRYBA during regular season game, after each game and practice.
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4.5 TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in part,
any improvement, fixed or movable, upon Independence Park, including without
limitation bleachers, without first obtaining the express written permission of the
TOWN and then only in the event that the move, alteration or removal will not subject
such improvements or Independence Park to damage. Any such move, alteration or
removal shall be at the sole expense of TCRYBA.
4.6 Community Updates. TCRYBA shall work with the required Town departments to
produce a "community update" on baseball following the end of each season and prior
to the start of the following season. The Town will utilize its various media outlets to
reach Town residents with this information. TCRYBA is also encouraged to appear
before Council and the Parks and Recreation Board annually to encourage and
promote a positive relationship between all parties.
4.7 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as
an ex-officio member of the Board of Directors of the TCRYBA. TCRYBA shall email
board- meeting agendas to the Parks and Recreation Director or designee a minimum
of seventy-two (72) hours prior to each such TCRYBA Board meeting. The TCRYBA
Board and the Parks and Recreation Director or designee shall meet 30 days prior to
each season to discuss scheduling logistics, field closures due to inclement weather
and/or Town wide Community Events.
4.8 Partnership Opportunities. TCRYBA shall diligently pursue any actions or
opportunities that will reduce the maintenance and operational costs of both TCRYBA
and TOWN, including without limitation, capital improvement initiatives and other
TOWN authorized activities. Representatives of the TCRYBA shall meet with the
TOWN staff representatives annually prior to the commencement of each spring and
fall season to review the sponsorship signage program.
Objective. The objective is to express the willingness of both parties to engage in an
effort to raise funds for the purpose of capital improvements and repairs affiliated
with baseball operations at Independence Park by allowing TCRYBA to sell and
display sponsorship signage within the park.
Proceeds
A.Proceeds from the sale of sponsorship signage are to be placed within a
designated fund, controlled by the TCRYBA.
B.Signage should reflect positively on the Trophy Club community.
C.Sponsorship signage must be placed facing inwards on the outfield fences
within the baseball fields of Independence Park.
D.TCRYBA shall be responsible for the installation, repair, replacement or
removal of all sponsorship signage.
E.TCRYBA and the Town of Trophy Club’s Parks and Recreation Director shall
meet in March of each year to discuss and plan capital improvements and
funding. After the meeting, the Town of trophy Club’s Parks and Recreation
Director shall prepare a written plan that shows the improvements to be
made, proof of ability to fund and responsibility for funding.
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F.TCRYBA shall provide a copy of their Annual Form 990 or 990-N as filed
with the IRS for review before this agreement becomes effective and then
during the month of March each year thereafter. TCRYBA shall provide
banking documentation of the past twelve months deposits received for
sponsorship donations each year at the beginning of discussions for capital
improvements and funding.
4.9 Events. TOWN and TCRYBA agree and understand that there is a benefit in
combining resources and participation in TOWN sponsored events. TCRYBA agrees
to work with TOWN in the joint scheduling and promotion of TOWN events as
practicable for both parties.
5. Rules and Regulations / Closure/ Parking
5.1 TOWN Regulations. TCRYBA understands and agrees that its' use of the
Independence Park shall be allowed only in accordance with TOWN ordinances,
guidelines and regulations, including without limitation the following:
A. Athletic Facility Rainout Procedures: During questionable weather periods,
field playability status will be posted on the TOWN'S TC Alert system available
to the public by 12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays,
and Holidays by TOWN'S Parks Superintendent and/or designee. Emergency
contact numbers shall be distributed to TCRYBA designated officials prior to
season start.
B. Baseball Field Lights: The Town shall grant baseball field light access to the
TCRYBA president only in order for him/her to turn on, off and/or turn lights on
earlier than scheduled due to overcast weather at Independence Park fields
1-7 only. TCRYBA shall follow the parks operating hours listed in ordinance
Sec.1.08.061. The Town reserves the rights to remove light accessibility from
TCRYBA at any time for any reason.
C. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or
postpone any games, tournaments, practices, scrimmages, camps or other
activities if severe weather conditions are present, and/or when TOWN notifies
TCRYBA that supplemental watering will be conducted. Notwithstanding the
terms of this Agreement, TOWN, in its sole discretion, retains the right to close
any or all of Independence Park that is the subject of this Agreement. The Park
Superintendent and/or designee, at their sole discretion, may close
Independence Park and suspend play at any time if, in TOWN'S sole discretion,
it is determined that continued use presents a risk of injury to persons or
damage to Independence Park or the general health, safety or welfare of the
public.
In addition to the foregoing, a portion of Independence Park may be closed for repair,
remodeling, overseeding or other maintenance. In the event of closure for such
maintenance, TOWN shall timely notify TCRYBA officials in order to minimize the impact
on scheduling as much as reasonably possible.
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TOWN also reserves the right to close all or a portion of Independence Park during
operational hours, and if resources are available, TOWN may offer substitutions or
alternatives for the use of Independence Park or offer replacement premises or facilities.
5.2 Parking: During the term of this Agreement the TOWN shall provide TCRYBA with
access to and use of Independence Park east parking area. The repair and
maintenance of such parking lot shall remain the sole responsibility of the TOWN.
6. TCRYBA USE OF TOWN PARK CONCESSION FACILITIES
6.1 Schedule. TCRYBA shall have the non- exclusive right to use the concession facilities
at Independence Park during the term of this Agreement. The Town shall also have
the right to use the concession facilities at any time during the term of this agreement.
6.2 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for the
purpose of vending and/or sale of concessions, food, beverages, or merchandise.
TCRYBA is strictly prohibited from leasing or sub-leasing the concessions operation
of any TOWN facility located on Independence Park without written permission from
the Director of Parks and Recreation.
6.3 As-ls Condition. The TCRYBA shall take Independence Park on an "as-is" condition
on the date of execution of this Agreement and there shall be no obligation by the
TOWN to make any other improvements to the concession stands and/or any other
Independence Park facilities. TCRYBA shall not make any improvements or structural
changes to any TOWN concession facility without written permission by the Director
of Parks and Recreation.
6.4 TCRYBA may operate the concession stand at Independence Park East and
Independence Park West during the two seasons determined within this agreement.
TCRYBA must follow all current Texas food establishment guidelines.
A.TCRYBA shall be responsible for the cleanliness of each stand operated.
B.The TOWN will supply water, electricity and make any repairs to the
concession stand when needed.
C.All food items and drinks must be removed from the concession stand within
ten (10) days after each season. This includes from all refrigerator and freezer
units.
D.Upon completion of all performed cleaning services from the third-party
contractors, a scheduled walk-through must be performed by the TCRYBA
President or designee and the Parks Superintendent or designee.
6.5 Food Service: The use of propane grills is permitted, however, LP-gas containers in
storage shall located in a manner that minimizes exposure to excessive temperature
rise, physical damage or tampering. LP-gas grill must be ten (10) feet from any building
structure while being operated as a cooker.
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7. GENERAL REQUIREMENTS APPLICABLE TO TCRYBA USE OF TOWN
PROPERTY
7.1 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be
construed to affect, alter, or modify the immunity of either party under the Texas Civil
Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed
that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall
be deemed to waive, any immunity or defense that would otherwise be available to
each against claims arising in the exercise of governmental powers and functions.
7.2 Insurance: During the term of this Agreement TCRYBA shall obtain and maintain, at
its sole expense, general liability insurance with the minimum amounts of $1,000,000
Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the
TOWN of Trophy Club as an additional insured to protect against potential claims
arising out of the TCRYBA's use of the Independence Park and the facilities.
TCRYBA shall furnish TOWN with certificates of insurance evidencing its compliance
with this Paragraph at least ten (10) days prior to the commencement of the term of
this Agreement. Nothing contained herein shall be construed to grant any third party
rights or as a waiver of any governmental and/or public purpose of the operation or
use of all or a portion of Independence Park.
7.3 RESTRICTIONS: Neither the Town nor TCRYBA shall display any Sponsor logo,
mark, sign, banner, or other visual display, or print, publish, or distribute any written or
visual material provided by or on behalf of Sponsor, that contains: a comparative or
qualitative description of Sponsor’s product or business; price information or any other
indications of savings or value about Sponsor’s product or business; any message
that otherwise endorses Sponsor’s product or induces one to purchase or use
Sponsor’s product; or any message that causes Sponsor’s payments to not be treated
as “qualified sponsorship payments” as that term is defined in Section 513(i) of the
Internal Revenue Code and related regulations.
7.4 INDEMNIFICATION: Sponsor shall indemnify, defend, and hold harmless the Town
of Trophy Club, it’s trustees, officers, employees, agents, representatives and the
Town from and against any and all liability, loss or damage (including injury, death, or
damage to person and/or property) directly or indirectly associated with any claims,
demands, actions, causes of action, judgements, costs, expenses and/or attorney’s
fees (“Claims”) that result from, arise out of, or relate to: (1) Sponsor’s breach of this
agreement; (2) the provision of goods, services, or equipment by Sponsor or its
officers, directors, employees, agents, contractors, or representatives under this
Agreement; or (3) the Town’s or TCRYBA’s use under this Agreement of the Sponsor’s
name, logos, and/or marks, including any actual or alleged infringement or violation
by the Sponsor’s name, logos, or marks of any third party’s intellectual property or
other rights. This paragraph (7.2) shall survive the termination or expiration of this
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Agreement, and shall not apply to the extent that said Claims arise out of the sole
negligence of the trustees, officers, agents, or employees of the Town.
7.5 LIMITATION OF LIABILITY: To the maximum extent permitted by law, in no event
will the Town or TCRYBA be liable for any indirect, incidental, consequential, punitive,
special, or exemplary damages arising out of or that relate in any way to this
Agreement, its performance, or the sponsorship. This exclusion will apply regardless
of the legal theory on which any claim for such damages is based, whether the Town
or TCRYBA had been advised of the possibility of such damages, whether such
damages were reasonably foreseeable, or whether application of the exclusion causes
any remedy to fail of its essential purpose.
7.6 CONFLICT: If the Town, TCRYBA, or a member thereof signs any document provided
by the Sponsor (including, without limitations, an order form, invoice, pricing list, or
agreement), the terms of this Agreement shall govern and control in the event of a
conflict between the documents provided by the Sponsor and the terms of this
Agreement. In addition, any limitation of liability, defense, indemnification, or hold
harmless provision of such Sponsor document shall be void and of no force or effect.
7.7 No Third Party Beneficiary: For purposes of this Agreement, including its intended
operation and effect, the parties specifically agree and contract that: (1)the Agreement
only affects matters/disputes between the parties to this Agreement, and is in no way
intended by the parties to benefit or otherwise affect any third person or entity,
notwithstanding the fact that such third person or entities may be in a contractual
relationship with TOWN or TCRYBA or both; and (2) the terms of this Agreement are
not intended to release, either by contract or operation of law, any third person or entity
from obligations owing by them to either TOWN or TCRYBA. This Agreement shall not
create any third-party beneficiaries.
7.8 Notice: Each notice or other communication which may be or is required to be given
under this Agreement shall be in writing and shall be deemed to have been properly
given when delivered by e-mail or personally during the normal business hours of the
party to whom such communication is directed, or upon receipt when sent by United
States registered or certified mail, return receipt requested, postage prepaid, to the
following addresses as may be designated by the appropriate party; however, each
party has a right to designate a different address by giving the other party fifteen (15)
days prior written notice of such designation:
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If to TCRYBA:
TCR Youth Baseball Association
PO Box 1568
Roanoke, Texas 76262
lf to TOWN:
Director of Parks and Recreation
Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, Texas 76262
7.9 Claims Against Parties: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use or
occupation of Independence Park. It is expressly understood and agreed that in the
execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed
to waive, any immunity or defense that would otherwise be available to each against
claims arising in the exercise of governmental powers and functions.
7.10 Entire Agreement: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if not
contained herein.
7.11 Severability: In case any one (1) or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision thereof, and
this Agreement shall be construed as if such invalidity, illegality or unenforceable
provision had never been contained herein.
7.12 Authority: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the other
that any necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
7.13 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerning Independence Park or other
TOWN property, and shall cease any such use until such defect or condition is
repaired or cured, provided TOWN shall not have an obligation to repair or cure any
such defect of condition.
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8. TERMINATION
8.1 Termination for Cause. Upon the occurrence of any one or more of the following
events, the Town in its sole discretion may elect to terminate this Agreement upon ten
(10) days written notice of default to TCRYBA:
A.The TCRYBA fails to maintain a simple majority of Board Members who
reside in Trophy Club or Roanoke and neither the position of President, Vice-
President of Recreation, Treasurer nor the position of Secretary of TCRYBA
is held by a resident of the Town of Trophy Club; and
B.TCRYBA fails to take action to appoint a Trophy Club resident to at least one
(1) of the required positions set forth in subsection A within sixty (60) days after
the date upon which none of the required positions are held by a Trophy Club
resident.
C.TCRYBA defaults by failing to timely remit payment to TOWN in accordance
with the provisions of this Agreement or otherwise defaults upon any one or
more of its obligations under this Agreement, and TCRYBA has failed to
remedy such default within ten (10) days of the date of TOWN'S written notice
of default to TCRYBA.
8.2 Termination Without Cause. Either party may terminate this Agreement with or
without cause, by giving sixty (60) days prior written notice of the date of termination
to the other party. Upon termination, all permanent improvements shall remain the
property of TOWN and all personal property shall remain the property of the party
paying for such personal property. Removal of personal property or improvements
shall be subject to the terms contained herein. However, all personal property and
improvements remaining on Independence Park property for sixty (60) days after the
date of termination of this Agreement shall become the personal property and
improvements of the TOWN.
9. REMEDIES AND PENALTIES
9.1 Remedies. No right or remedy granted or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition
of this Agreement may be waived without written consent of the parties. Forbearance
or indulgence by either party shall not constitute a waiver of any covenant or condition
to be performed pursuant to this Agreement.
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9.2 Penalties. In addition to all other rights and remedies of TOWN under the terms of
this Agreement and Town Ordinance, as a penalty for violation of any of the terms or
conditions of this Agreement or of a Town Ordinance when such violation results in
damage to TOWN property or facilities, TCRYBA shall pay the actual cost of the repair
of such damage plus a one hundred dollar ($100.00) fee per hour for each TOWN staff
person utilized to make the repair. Further, in addition to the foregoing penalty and all
other remedies legally available to TOWN, in the event that participants, guests or
spectators at a TCRYBA scheduled activity engage in any action or behavior, whether
intentional or negligent, that causes or results in damage to TOWN property, TCRYBA
shall pay the actual cost of the repair of such damage plus a one hundred dollar
($100.00) fee per hour for each TOWN staff person utilized to make the repair.
10. APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; exclusive venue for any action
shall be in Denton County, Texas.
11. ASSIGNMENT
TCRYBA shall not assign, sublet, subcontract, transfer all, or a portion of its rights or obligations
under this Agreement without the prior written approval of the TOWN.
12. GENERAL REQUIREMENTS
12.1 Financials. TCRYBA shall provide the sponsorship program financials to the Town
on or before the last Monday in February for the previous Fall Season, and on or
before the last Monday in August for the previous Spring Season. This requirement
shall survive termination and/or expiration of this Agreement.
12.2 Reports. On or before the twenty-first (21st) day following the commencement of the
Spring Season and the Fall Season, TCRYBA shall provide a written report identifying
the total number of TCRYBA registered players, the city of residence for each such
player, the associated age division for each such player, and the classification of the
player as a member of a recreation team or a select team. There will be a $100.00
per business day late fee assessed on all late documentation and fees. Late fees must
be paid within thirty (30) days of invoice, or the Town may deny access to fields and
concessions until documentation is received. Additionally, all baseball fields at
Independence Park will not be available for practice or games until all appropriate
documentation has been submitted by TCRYBA unless agreed upon both parties.
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12.3 Board Members. On or before the twenty-first (21st) day following the
commencement of the Spring Season and the Fall Season, TCRYBA shall provide a
list of the names and city of residence for each TCRYBA board member. The President
of TCRYBA and a minimum of 50 percent of active Board Members must reside in
The Town of Trophy Club.
12.4 Background Checks. TCRYBA shall require that each person volunteering to serve
as a board member, head coach and/or an assistant coach, or in any other capacity
pass a background check. Additionally, all adult umpires shall be required to
successfully pass a background check. TCRYBA approved standards for successful
completion of a background check shall be provided to TOWN, and any person failing
to meet such standards shall not be allowed to volunteer, serve or otherwise work for
TCRYBA in any manner or capacity. TCRYBA shall provide written confirmation to
TOWN that all volunteers and coaches have passed a background check. The written
confirmation shall be filed before each season begins.
12.5 Use of Independence Park facilities is expressly conditioned on satisfaction of the
following requirements each season. The Town receipt of letter from TCRYBA before
each season truthfully certifying that coaches, managers, officials’ concessionaires
designated representatives and board members that will be utilized by TCRYBA have
undergone and passed a criminal background and sex offenders registry check using
standards satisfactory to the Town.
Each Board Member and all volunteers shall sign a statement agreeing to release,
absolve, indemnify, and hold harmless the Town of Trophy Club, its agents,
servants, employees, officials, and supervisors any or all of them in event of any
accident, injury, or death sustained by the participant while being transported to or
from an activity, or while participating in an activity. Forms must be available for
review by the Town prior to the start of official practices each season.
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TCR YOUTH BASEBALL ASSOCIATION
By: __________________________________________
Brandon Hennig, President
TCR Youth Baseball Association
TOWN OF TROPHY CLUB, TEXAS
By: ________________________________________________________________________
Alicia Fleury, Mayor
Town of Trophy Club, Texas
ATTEST:
By: ___________________________________________
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: ________________________________
David Dodd, Town Attorney
Town of Trophy Club, Texas
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ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ____ day of ___________, 2021
by Alicia Fleury, Mayor of the TOWN OF TROPHY CLUB, TEXAS a home rule municipal
corporation, on behalf of such corporation.
__________________________________
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ____ day of _____________, 2021
by Brandon Hennig, President of the TCR YOUTH BASEBALL ASOCIATION, a nonprofit
corporation, on behalf of such corporation.
__________________________________
Notary Public in and for the State of Texas
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EXHIBIT "A"
(TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA)
INDEPENDENCE PARK West - (scheduled games and practices)
INDEPENDENCE Park East - (scheduled games and one (1) practice slot per week on
Mondays and Thursdays only.
Independence Park West
Field #1
Field #2
Field #3
Field #4
Concession stand
Parking Lot
Independence Park East
Field #5
Field #6
Field #7
Parking Lot
Concession Stand
T-ball practice field
Concession #1Concession #2 Parking
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Page 1 of 7
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: Modification to the GNWSA Non-Exclusive Use Agreement
Town Council Meeting, November 11, 2021
Agenda Item: Consider and take action regarding amending the Use Agreement between
the Town of Trophy Club and the Greater Northwest Soccer Association; and authorizing
the Mayor or her designee to execute all necessary documents (T. Jaramillo)
Strategic Link:
Nature & Beautification – Maintain Town assets, services and codes of ordinances that
preserve the natural beauty of the Town.
Infrastructure & Development – Collaborate effectively with other governmental entities.
Background and Explanation:
Staff met with the Council Sports Subcommittee October 4, 2021 and met with the Greater
Northwest Soccer Association (GNWSA) on July 8, 2021 and discussed requests made by
GNWSA regarding their current agreement with the Town and conversely, discussed
requests made by the Council Subcommittee. The following revisions were made in the
agreement
WHEREAS, the TOWN owns and maintains TOWN parks ad sports facilities on Harmony
Park and Independence Park East; and leases the NISD field adjacent to Lakeview
Elementary (hereinafter “Lakeview Park”); and
WHEREAS the GNSWA is comprised of various youth and adult soccer teams for soccer
play; and
WHEREAS, the GNSWA desires to use the TOWN parks and facilities as specifically
identified herein below; and
WHEREAS, Capital improvement cost participation for Harmony Park only and other
partnership opportunities shall be pursued and shared by Town and GNWSA as expressly
set forth in this Agreement; and
WHEREAS, maintenance and upkeep obligations shall be shared by TOWN and GNWSA
as expressly set forth in this Agreement; and78
Page 2 of 7
WHEREAS, GNSWA and TOWN agree that it serves their best interests to work with TOWN;
and
WHEREAS the parties agree that this Agreement supersedes any and all prior written and/or
oral agreements for the use of Harmony, Independence East and Lakeview Park and by
execution of this Agreement, the parties agree and intend that this Agreement shall
exclusively govern GNWSA’s use of Harmony, Independence East and Lakeview Park.
1.2 Term. The term of this Agreement shall commence on January 1, 2022 and shall end
on December 31, 2022, unless otherwise terminated as provided herein. After the initial term
has expired, this contract will automatically renew for three (3) additional terms of one (1)
year each, provided that such renewal is not consented by either party within sixty (60) days
of the contract’s expiration date.
If this Agreement is terminated, neither party shall have any further obligation to the other
party except for payments already payable under the terms set forth in this Agreement, any
right otherwise set forth herein to use the name, logos, and/or marks of the other party shall
end immediately and any and all funds raised by GNWSA in accordance by the
Memorandum of Understanding between the Town of Trophy Club and GNSWA shall be
paid in full to the town and/or all funds shall be utilized for a Capital Improvement.
3.2 Tournament Rates. Upon forty-five (45) days written notice and approval of proposed
scheduling by TOWN, GNWSA shall be allowed to schedule one tournament per year at a
cost of $150 per field during weekends only, agreed upon by the Director of Parks and
Recreation or their designee. GNWSA shall submit a Special Event Review Committee
(SERC) Application AND submit it to the Town no later than 45 days prior to the tournament.
3.3 Scheduling. TOWN and GNWSA agree that scheduling of additional games and
practices on dates not contained in the TOWN approved schedule shall not be permitted
unless these additional times are mutually agreed to in writing by the TOWN and GNWSA,
and if allowed, there shall be no additional cost to GNSWA. Use of Harmony and Lakeview
Park shall be limited to the sports games and contests scheduled by GNWSA, and GNWSA
shall provide written notice of scheduling to the Parks and Recreation Department in
accordance with the time frames set forth in this Agreement. GNWSA shall provide one point
of contact for all scheduling of Harmony and Lakeview Park. No GNWSA tournaments
and/or use of Harmony and Lakeview Park, other than that expressly provided for under a
TOWN approved schedule, shall be allowed by the TOWN. Weather days, rain days, or
suspension of play may require rescheduling of events. GNWSA shall provide written notice
of such rescheduling requests to the Parks and Recreation Department at least seventy-two
(72) hours in advance of the proposed schedule change. The TOWN shall designate one (1)
day per week on which GNWSA will not be allowed to use Harmony and Lakeview Park for
either practice or games.
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The proposed day shall be submitted to GNWSA by the Town thirty (30) days prior to the
commencement of regular season practice or games for both the Spring Season and for the
Fall Season. The Town in its sole discretion may allow GNWSA to utilize the fields on the
restricted day due to inclement weather or unforeseen circumstances that prevent GNWSA
from using the fields during their regularly scheduled times and days. The Town reserves the
right to use any field or facility within the seasons mentioned in section 3.1 of this Agreement
located at Harmony or Lakeview Park for purposes other than soccer upon submitting the
scheduled use to GNWSA ninety (90) days prior to that use.
4.7 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as an
ex-officio member of the Board of Directors of the GNWSA. GNWSA shall email board meeting
agendas to the Parks and Recreation Director or designee a minimum of seventy-two (72)
hours prior to each such GNWSA Board meeting. The GNWSA Board and the Parks and
Recreation Director or designee shall meet 30 days prior to each season to discuss scheduling
logistics, field closures due to inclement weather and/or Town wide Community Events.
4.8 Partnership Opportunities. GNWSA shall diligently pursue any actions or opportunities
that will reduce the maintenance and operational costs of both GNWSA and TOWN, including
without limitation, capital improvement initiatives and other TOWN authorized activities.
Representatives of the Greater Northwest Soccer Association shall meet with the Town of
Trophy Club Staff representatives annually prior to the commencement of each spring and fall
season to review the sponsorship signage program.
Objective. The objective is to express the willingness of both parties to engage and
raise funds for the purpose of capital improvements and repairs affiliated with
soccer operations at Harmony Park by allowing GNWSA to sell and display
sponsorship signage within the park.
Proceeds
A.Proceeds from the sale of sponsorship signage are to be placed within a
designated fund controlled by the GNWSA.
B.Signage should reflect positively on the Trophy Club Community.
C.The Parks and Recreation Department must be notified of all new sponsorship
signage with a rendering of each sign prior to installation at Harmony Park.
D.GNWSA shall be responsible for the installation, repair, replacement, or
removal of all sponsorship signage.
E.GNWSA and the Town of Trophy Club’s Parks and Recreation Director shall
meet in March of each year to discuss and plan capital improvements and
funding. After the meeting, the Town of Trophy Club’s Parks and Recreation
Director shall prepare a written plan that shows the improvements to be made,
proof of ability to fund and responsibility for funding.
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F.GNWSA shall provide a copy of their Annual Form 990 or 990-N as filed with
the IRS for review before this agreement becomes effective and then during
the month of March each year thereafter. GNWSA shall provide banking
documentation of the past twelve months deposit bank statements each year
at the beginning of discussions for capital improvements and funding.
5.1 B Portable lights. GNWSA must provide the Town with a written request at least thirty
(30) days prior to needing lights. Portable lights are not to stay on past 9:00 p.m. and are to
be installed on concrete surface only and must be scheduled to be removed one day after
each season is over. Vehicles are not allowed to drive into any park in order to drop off and
install portable lights. The Town reserves the right to cancel the use of portable lights at any
time for any reason. The Town shall grant field light access to the President of GNWSA only
for him/her to turn on, off and/or turn lights on earlier than scheduled due to overcast weather
at Harmony Park fields only. GNWSA shall follow the parks operating hours listed in ordinance
Sec. 1.08.061. The Town reserves the rights to remove light accessibility from GNWSA at any
time for any reason.
6.1 Schedule. GNWSA shall have the right to use the concession facilities at Harmony Park
during the term of this Agreement. The Town shall also have the right to use the concession
facility at any time during the term of this agreement.
6.4 GNWSA may operate the concession facility at Harmony Park during the two seasons
determined within this agreement. GNWSA must follow all current Texas food establishment
guidelines. GNWSA shall be responsible for the cleanliness of each stand operated.
A.The Town of Trophy Club will supply water, electricity and make the repairs to
the concession stand when needed.
B.All food items and drinks must be removed from the concession stand within
ten (10) days after each season. This includes from all refrigerator and freezer
units.
C.GNWSA will be responsible for hiring a third-party contractor to perform a
“deep” clean inside the Harmony Park concession facility within (10) ten days
after the end of each season as described in section 3.1 of this agreement.
D.Upon completion of all performed cleaning services from third party
contractor(s), a scheduled walk-through must be performed by the GNWSA
President or designee and the Parks Superintendent or designee.
6.5 Food Service: The use of propane grills is permitted, however, LP-gas containers in
storage shall be located in a manner that minimizes exposure to excessive temperature rise,
physical damage or tampering. LP-gas grill must be ten (10) feet from any building structure
while being operated as a cooker.
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7.3 RESTRICTIONS: Neither the Town nor GNWSA shall display any Sponsor logo, mark,
sign, banner, or other visual display, or print, publish, or distribute any written or visual material
provided by or on behalf of Sponsor, that contains: a comparative or qualitative description of
Sponsor’s product or business; price information or any other indications of savings or value
about Sponsor’s product or business; any message that otherwise endorses Sponsor’s
product or induces one to purchase or use Sponsor’s product; or any message that causes
Sponsor’s payments to not be treated as “qualified sponsorship payments” as that term is
defined in Section 513(i) of the Internal Revenue Code and related regulations.
7.4 INDEMNIFICATION: Sponsor shall indemnify, defend, and hold harmless the Town of
Trophy Club, it’s trustees, officers, employees, agents, representatives and the Town from and
against any and all liability, loss or damage (including injury, death, or damage to person
and/or property) directly or indirectly associated with any claims, demands, actions, causes of
action, judgements, costs, expenses and/or attorney’s fees (“Claims”) that result from, arise
out of, or relate to: (1) Sponsor’s breach of this agreement; (2) the provision of goods, services,
or equipment by Sponsor or its officers, directors, employees, agents, contractors, or
representatives under this Agreement; or (3) the Town’s or GNWSA’s use under this
Agreement of the Sponsor’s name, logos, and/or marks, including any actual or alleged
infringement or violation by the Sponsor’s name, logos, or marks of any third party’s intellectual
property or other rights. This paragraph (7.4) shall survive the termination or expiration of this
Agreement, and shall not apply to the extent that said Claims arise out of the sole negligence
of the trustees, officers, agents, or employees of the Town.
7.5 LIMITATION OF LIABILITY: To the maximum extent permitted by law, in no event will
the Town or GNSWA be liable for any indirect, incidental, consequential, punitive, special, or
exemplary damages arising out of or that relate in any way to this Agreement, its performance,
or the sponsorship. This exclusion will apply regardless of the legal theory on which any claim
for such damages is based, whether the Town or GNSWA had been advised of the possibility
of such damages, whether such damages were reasonably foreseeable, or whether
application of the exclusion causes any remedy to fail of its essential purpose.
7.6 CONFLICT: If the Town, GNWSA, or a member thereof signs any document provided
by the Sponsor (including, without limitations, an order form, invoice, pricing list, or
agreement), the terms of this Agreement shall govern and control in the event of a conflict
between the documents provided by the Sponsor and the terms of this Agreement. In addition,
any limitation of liability, defense, indemnification, or hold harmless provision of such Sponsor
document shall be void and of no force or effect.
9.2 Penalties. In addition to all other rights and remedies of TOWN under the terms of this
Agreement and Town Ordinance, as a penalty for violation of any of the terms or conditions of
this agreement or of a Town Ordinance when such violation results in damage to TOWN
property or facilities, GNWSA shall pay the actual cost of the repair of such damage plus a
one-hundred dollar ($100.00) fee per hour for each TOWN staff person utilized to make the
repair. Further, in addition to the foregoing penalty and all other remedied legally available to
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TOWN, in the event that participants, guest or spectators at a GMWSA scheduled activity
engage in any actual or behavior, whether intentional or negligent, that causes or results in
damage to TOWN property, GNWSA shall pay the actual cost of the repair of such damage
plus a one-hundred dollar ($100.00) fee per hour for each Town staff person utilized to make
the repair.
12.2 Reports. On or before the twenty-first (21st) day following the commencement of the
Spring Season and the Fall Season, GNWSA shall provide a written report identifying the total
number of GNWSA registered players, the city of residence for each such player and the
associated age division for each such player. There will be a $100.00 per business day late
fee assessed on all late documentation and fees. Late fees must be paid within thirty (30) days
of invoice, or the town may deny access to fields and concessions until documentation is
received. Additionally, all soccer fields at Harmony and Lakeview Parks will not be available
for practice or games until all appropriate documentation has been submitted by GNWSA.
12.3 Board Members. On or before the twenty-first (21st) day following the commencement
of the Spring Season and the Fall Season, GNWSA shall provide a list of the names and city
of residence for each GNWSA board member. The President of GNSWA and a minimum of
50 percent of active Board Members must reside in The Town of Trophy Club.
12.4 Background Checks. GNWSA shall require that each person volunteering to serve as
a board member, head coach and/or an assistant coach, or in any other capacity pass a
background check. Additionally, all adult umpires shall be required to successfully pass a
background check. GNWSA approved standards for successful completion of a background
check shall be provided to TOWN, and any person failing to meet such standards shall not
be allowed to volunteer, serve or otherwise work for GNWSA in any manner or capacity.
GNWSA shall provide written confirmation to TOWN that all volunteers and coaches have
passed a background check. The written confirmation shall be filed before each season
begins.
12.5 Use of Harmony Park and Lakeview Park facilities is expressly conditioned on
satisfaction of the following requirements each season. The Town receipt of letter from
GNWSA before each season truthfully certifying that coaches, managers, officials,
concessionaires, designated representatives, and board members that will be utilized by
GNWSA have undergone and passed a criminal background and sex offenders registry check
using standards satisfactory to the Town.
Each Board Member and all volunteers shall sign a statement agreeing to release, absolve,
indemnify, and hold harmless the Town of Trophy Club, its agents, servants, employees,
officials, and supervisors, any or all of them, in event of any accident, injury, or death sustained
by the participant while being transported to or from an activity, or while participating in an
activity. Forms must be available for review by the Town prior to the start of official practices
each season.
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GNWSA
By: _______________________________
Matt Tibbitts, President GNWSA
Town of Trophy Club, TEXAS
By: _______________________________
Alicia Fleury, Mayor
Town of Trophy Club, Texas
Attest:
By: _______________________________
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: _______________________________
J. David Todd, Town Attorney
Town of Trophy Club, Texas
Financial Considerations:
Financial considerations information
Legal Review:
Not applicable
Board/Commission/or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends approval of the revisions
Attachments:
Revised Greater Northwest Soccer Association Non-Exclusive Use Agreement
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THE STATE OF TEXAS §
§
COUNTY OF DENTON AND TARRANT §
NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE TOWN OF
TROPHY CLUB AND THE GREATER NORTHWEST SOCCER ASSOCIATION
THIS AMENDED NON-EXCLUSIVE USE AGREEMENT is made and entered into by
and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”),
acting by and through its Mayor or designee, and the Trophy Club Soccer Club, D\b\a the
Greater Northwest Soccer Association (hereinafter referred to as “GNWSA”), a participating
member of the North Texas State Soccer Association, and acting by and through the
President of the GNWSA Board of Directors, or designee.
WITNESSETH:
WHEREAS, the TOWN owns and maintains TOWN parks ad sports facilities on Harmony
Park; and leases the NISD field adjacent to Lakeview Elementary (hereinafter “Lakeview
Park”); and
WHEREAS, the GNWSA is comprised of various youth and adult soccer teams for soccer
play; and
WHEREAS, the GNWSA desires to use the TOWN parks and facilities as specifically
identified herein below; and
WHEREAS, Capital improvement cost participation for Harmony Park only and other
partnership opportunities shall be pursued and shared by Town and GNWSA as expressly
set forth in this Agreement; and
WHEREAS, maintenance and upkeep obligations shall be shared by TOWN and GNWSA as
expressly set forth in this Agreement; and
WHEREAS, GNWSA and TOWN agree that it serves their best interests to work with TOWN;
and
WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or
oral agreements for the use of Harmony and Lakeview Park and by execution of this
Agreement, the parties agree and intend that this Agreement shall exclusively govern
GNWSA’s use of Harmony and Lakeview Park.
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NOW, THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises,
the benefits flowing to each of the parties hereto, and other good and valuable consideration,
TOWN and GNWSA do hereby agree as follows:
1. INCORPORATION OF PREMISIS / TERM
1.1 Incorporation of Premises. The foregoing premises to this Agreement are
incorporated herein for all purposes as if set out herein verbatim.
1.2 Term. The term of this Agreement shall commence on January 1, 2022 and shall end
on December 31, 2022, unless otherwise terminated as provided herein. After the
initial term has expired, this contract will automatically renew for three (3) additional
terms of one (1) year each, provided that such renewal is not consented by either party
within sixty (60) days of the contract’s expiration date. If this Agreement is terminated,
neither party shall have any further obligation to the other party except for payments
already payable under the terms set forth in this Agreement, any right otherwise set
forth herein to use the name, logos, and/or marks of the other party shall end
immediately and any and all funds raised by GNWSA in accordance by the
Memorandum of Understanding between the Town of Trophy Club and GNWSA shall
be paid in full to the town and/or all funds shall be utilized for a Capital Improvement.
2. HARMONY and LAKEVIEW PARK/CONSIDERATION
2.1 Harmony and Lakeview Park. TOWN, under the terms and conditions provided
herein, shall allow GNWSA the non-exclusive use of Harmony and Lakeview Park and
facilities within the parks and specifically identified in Exhibit “A”, a copy of which is
attached hereto and incorporated herein for athletic and sporting events, to wit, soccer
events.
2.2 Consideration. In addition to the fees otherwise provided herein, for the Spring
Season and the Fall Season (defined below), GNWSA shall assess and collect a fee
for each child who does not live within the corporate limits of the Town of Trophy Club,
the City of Roanoke or the City of Justin. Such fee shall be fifteen dollars ($15.00) per
person who enrolls in the GNWSA soccer program. No later than the twenty-first (21st)
day after the commencement of regular season game play for the Spring Season and
for the Fall Season, GNWSA shall remit to TOWN all such fees collected and shall
provide the written report required by Section 12.02 of this Agreement.
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In further consideration for the use of Harmony and Lakeview Park, GNWSA hereby
agrees to provide a proposed use schedule (which specifically identifies complexes
and fields to be used) to the TOWN at least seven (7) days before the commencement
of each seasonal practice schedule and at least fifteen (15) days prior to each regular
season game schedule. In the event of changes in the game and or practice schedule,
GNWSA shall provide TOWN with a written notice at least seventy-two (72) hours prior
to the proposed change. Acceptance of the proposed changes shall be within the sole
discretion of the TOWN; provided however, that acceptance shall not be unreasonably
withheld.
3. USE SCHEDULING/REGISTRATION
3.1 Regular Season. Harmony and Lakeview. The “Spring Season” shall run from the
first week of February through the fourth week of June and the “Fall Season” shall run
from the second week of August through the fourth week of November, and shall
include tryouts, all practice and league games, tournaments and make-up games.
3.2 Tournament Rates. Upon forty-five (45) days written notice and approval of proposed
scheduling by TOWN, GNWSA shall be allowed to schedule one tournament per year
at a cost of $150 per field during weekends only. agreed upon by the Director of Parks
and Recreation or their designee. GNWSA shall submit a Special Event Review
Committee (SERC) Application AND submit it to the Town no later than 45 days prior
to the tournament.
3.3 Scheduling. TOWN and GNWSA agree that scheduling of additional games and
practices on dates not contained in the TOWN approved schedule shall not be
permitted unless these additional times are mutually agreed to in writing by the TOWN
and GNWSA, and if allowed, there shall be no additional cost to GNSWA. Use of
Harmony and Lakeview Park shall be limited to the sports games and contests
scheduled by GNWSA, and GNWSA shall provide written notice of scheduling to the
Parks and Recreation Department in accordance with the time frames set forth in this
Agreement. GNWSA shall provide one point of contact for all scheduling of
Harmony and Lakeview Park. No GNWSA tournaments and/or use of Harmony and
Lakeview Park, other than that expressly provided for under a TOWN approved
schedule, shall be allowed by the TOWN. Weather days, rain days, or suspension of
play may require rescheduling of events. GNWSA shall provide written notice of such
rescheduling requests to the Parks and Recreation Department at least seventy-two
(72) hours in advance of the proposed schedule change. The TOWN shall designate
one (1) day per week on which GNWSA will not be allowed to use Harmony and
Lakeview Park for either practice or games.
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2022 Non-Exclusive Use Agreement with GNWSA Page 4 of 16
The proposed day shall be submitted to GNWSA by the Town thirty (30) days prior to
the commencement of regular season practice or games for both the Spring Season
and for the Fall Season. The Town in its sole discretion may allow GNWSA to utilize
the fields on the restricted day due to inclement weather or unforeseen circumstances
that prevent GNWSA from using the fields during their regularly scheduled times and
days.
The Town reserves the right to use any field or facility within the seasons mentioned
in section 3.1 of this Agreement located at Harmony or Lakeview Park for purposes
other than soccer upon submitting the scheduled use to GNWSA ninety (90) days
prior to that use.
3.4 Registration. During the registration period for both the Spring Season and the Fall
Season, GNWSA shall accept registration from players who reside within and outside
the Trophy Club, Roanoke and Justin city limits. The Town will utilize its various media
outlets to reach Town residents with this information. All players who are not returning
to existing teams and reside outside the Trophy Club, Roanoke and Justin city limits
will be placed on a waiting list. After all players who reside within the Trophy Club,
Roanoke and Justin city limits have been placed on teams in the blind draw, players
on the waiting list will be placed on a team if space is available. Additionally, in order
for the TOWN to control field usage and to establish capacity limits for field usage,
GNWSA shall restrict the maximum number of participants allowed to register based
upon the maximum number of weekly practice slots available.
4. MAINTENANCE RESPONSABILITIES
4.1 TOWN Maintenance Responsibilities. TOWN shall be responsible for all routine
maintenance of Harmony. The Town will overseed the rye between the second week
of October and the first week in November, and additionally reserves the right to
overseed with Bermuda in the summer with (30) thirty days’ notice. Overseeding will
require the fields to be closed for three weeks following the application of seed.
4.2 Repairs. TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings, lighting, or
other permanent structural improvements upon Harmony and Lakeview Park.
4.3 Alterations. TOWN shall be permitted and shall have the right to make, at its own
expense, all alterations or additions to all or any portion of Harmony and Lakeview
Park the TOWN determines appropriate in its sole discretion, notwithstanding any
conflicting provision of this Agreement.
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4.4 GNWSA Maintenance and Other Responsibilities: GNWSA shall be responsible for
the following:
A. Maintenance and Improvements Generally. Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of GNWSA and shall only be allowed upon the prior written
approval of TOWN.
B.Field Maintenance: GNWSA through their President or designee shall promptly
notify the TOWN of all field maintenance requests, requests for additional
services or the existence of unsafe conditions by providing written notice to the
Park Superintendent and/or designee.
4.5 GNWSA Alterations. GNWSA shall not move, alter or remove, in whole or in part,
any TOWN improvement, fixed or movable, upon Harmony and Lakeview Park,
including without limitation bleachers, without first obtaining the express written
permission of the TOWN and then only in the event that the move, alteration or
removal will not subject such improvements or Harmony and Lakeview Park to
damage. Any such move, alteration or removal shall be at the sole expense of
GNWSA.
4.6 Community Update. GNWSA shall work with the required Town departments to
produce a "community update" on soccer following the end of each season and prior
to the start of the following season. The Town will utilize its various media outlets to
reach Town residents with this information. GNWSA is also encouraged to appear
before Council and the Parks and Recreation Board annually to encourage and
promote a positive relationship between all parties.
4.7 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as
an ex-officio member of the Board of Directors of the GNWSA. GNWSA shall email
board meeting agendas to the Parks and Recreation Director or designee a minimum
of seventy-two (72) hours prior to each such GNWSA Board meeting. The GNWSA
Board and the Parks and Recreation Director or designee shall meet 30 days prior to
each season to discuss scheduling logistics, field closures due to inclement weather
and/or Town wide Community Events.
4.8 Partnership Opportunities. GNWSA shall diligently pursue any actions or
opportunities that will reduce the maintenance and operational costs of both GNWSA
and TOWN, including without limitation, capital improvement initiatives and other
TOWN authorized activities. Representatives of the Greater Northwest Soccer
Association shall meet with the Town of Trophy Club Staff representatives annually
prior to the commencement of each spring and fall season to review the sponsorship
signage program.
Objective. The objective is to express the willingness of both parties to engage and
raise funds for the purpose of capital improvements and repairs affiliated with soccer
operations at Harmony Park by allowing GNWSA to sell and display sponsorship
signage within the park.
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2022 Non-Exclusive Use Agreement with GNWSA Page 6 of 16
Proceeds
A.Proceeds from the sale of sponsorship signage are to be placed within a
designated fund controlled by the GNWSA.
B.Signage should reflect positively on the Trophy Club Community.
C.The Parks and Recreation Department must be notified of all new sponsorship
signage with a rendering of each sign prior to installation at Harmony Park.
D.GNWSA shall be responsible for the installation, repair, replacement, or
removal of all sponsorship signage.
E.GNWSA and the Town of Trophy Club’s Parks and Recreation Director shall
meet in March of each year to discuss and plan capital improvements and
funding. After the meeting, the Town of Trophy Club’s Parks and Recreation
Director shall prepare a written plan that shows the improvements to be made,
proof of ability to fund and responsibility for funding.
F.GNWSA shall provide a copy of their Annual Form 990 or 990-N as filed with
the IRS for review before this agreement becomes effective and then during
the month of March each year thereafter. GNWSA shall provide banking
documentation of the past twelve months deposits bank statements each year
at the beginning of discussions for capital improvements and funding.
4.9 Events. TOWN and GNWSA agree and understand that there is a benefit in combining
resources and participation in TOWN sponsored events. GNWSA agrees to work with
TOWN in the joint scheduling and promotion of TOWN events as practicable for both
parties.
5. RULES AND REGULATIONS / CLOSURE/ PARKING
5.1 TOWN Regulations. GNWSA understands and agrees that its' use of Harmony and
Lakeview Park shall be allowed only in accordance with TOWN ordinances, guidelines
and regulations, including without limitation the following:
A. Athletic Facility Rainout Procedures: During questionable weather periods,
field playability status will be posted on the TOWN'S TC Alert system available
to the public by 12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays,
and Holidays by TOWN'S Parks Superintendent and/or designee. Emergency
contact numbers shall be distributed to GNWSA designated officials prior to
season start.
B. Portable lights. GNWSA must provide the Town with a written request at least
thirty (30) days prior to needing lights. Portable lights are not to stay on past
9:00 p.m. and are to be installed on concrete surface only and must be
scheduled to be removed one day after each season is over. Vehicles are not
allowed to drive into any park in order to drop off and install portable lights. The
Town reserves the right to cancel the use of portable lights at any time for any
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2022 Non-Exclusive Use Agreement with GNWSA Page 7 of 16
reason. The Town shall grant field light access to the President of GNWSA only
in order for him/her to turn on, off and/or turn lights on earlier than scheduled
due to overcast weather at Harmony Park fields only. GNWSA shall follow the
parks operating hours listed in ordinance Sec. 1.08.061. The Town reserves
the rights to remove light accessibility from GNWSA at any time for any reason.
C. Field Closure Policy and Procedure: GNWSA shall cancel, delay or postpone
any games, tournaments, practices, scrimmages, camps or other activities if
severe weather conditions are present and/or when TOWN notifies GNWSA
that supplemental watering will be conducted. Notwithstanding the terms of this
Agreement, TOWN, in its sole discretion, retains the right to close any or all of
Harmony and Lakeview Park that is the subject of this Agreement. The Park
Superintendent and/or designee, at their sole discretion, may close Harmony
and Lakeview Park and suspend play at any time if, in TOWN'S sole discretion,
it is determined that continued use presents a risk of injury to persons or
damage to Harmony, and Lakeview Park or the general health, safety or
welfare of the public
In addition to the foregoing, a portion of Harmony and Lakeview Park may be
closed for repair, remodeling, over seeding or other maintenance. In the event
of closure for such maintenance, TOWN shall timely notify GNWSA officials in
order to minimize the impact on scheduling as much as reasonably possible.
TOWN also reserves the right to close all or a portion of Harmony and Lakeview
Park during operational hours, and if resources are available, TOWN may offer
substitutions or alternatives for the use of Harmony and Lakeview or offer
replacement premises or facilities.
5.2 Parking: During the term of this Agreement, TOWN shall provide GNWSA with access
to and use of both Harmony Park parking areas. The repair and maintenance of such
parking lots shall remain the sole responsibility of the TOWN.
6. GNWSA USE OF TOWN PARK CONCESSION FACILITIES
6.1 Schedule. GNWSA shall have the right to use the concession facilities at Harmony
Park during the term of this Agreement. The Town shall also have the right to use the
concession facility at any time during the term of this agreement.
6.2 Sub-leasing Prohibited. GNWSA shall utilize the concession facilities only for the
purpose of vending and/or sale of concessions, food, beverages, or merchandise.
GNWSA is strictly prohibited from leasing or sub-leasing the concessions operation of
any TOWN facility located on Harmony Park without written permission from the
Director of Parks and Recreation.
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6.3 As-ls Condition. The GNWSA shall take Harmony and Lakeview Park on an "as-is"
condition on the date of execution of this Agreement and there shall be no obligation
by the TOWN to make any other improvements to the concession stands and/or any
other Harmony and Lakeview Park facilities. GNWSA shall not make any
improvements or structural changes to any TOWN concession facility without written
permission by the Director of Parks and Recreation.
6.4 GNWSA may operate the concession facility at Harmony Park during the two seasons
determined within this agreement. GNWSA must follow all current Texas food
establishment guidelines. GNWSA shall be responsible for the cleanliness of each
stand operated.
A.The Town of Trophy Club will supply water, electricity and make the repairs to
the concession stand when needed.
B.All food items and drinks must be removed from the concession stand within
ten (10) days after each season. This includes from all refrigerator and freezer
units.
C.GNWSA will be responsible for hiring a third-party contractor to perform a
“deep” clean inside the Harmony Park concession facility within (10) ten days
after the end of each season as described in section 3.1 of this agreement.
D.A will be responsible for hiring a third-party contractor to perform a “deep” clean
within ten (10) days after each season as described in section 3.1 of this
agreement.
E.Upon completion of all performed cleaning services from third party
contractor(s), a scheduled walk-through must be performed by the GNWSA
President or designee and the Parks Superintendent or designee.
6.5 Food Service: The use of propane grills is permitted, however, LP-gas containers in
storage shall be located in a manner that minimizes exposure to excessive
temperature rise, physical damage or tampering. LP-gas grill must be ten (10) feet
from any building structure while being operated as a cooker.
7. GENERAL REQUIREMENTS APPLICABLE TO GNWSA USE OF TOWN
PROPERTY
7.1 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be
construed to affect, alter, or modify the immunity of either party under the Texas Civil
Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed
that in the execution of this Agreement, neither TOWN nor GNWSA waives, nor shall
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be deemed to waive, any immunity or defense that would otherwise be available to
each against claims arising in the exercise of governmental powers and functions.
7.2 Insurance: During the term of this Agreement GNWSA shall obtain and maintain, at
its sole expense, general liability insurance with the minimum amounts of $1,000,000
Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the
TOWN of Trophy Club as an additional insured to protect against potential claims
arising out of the GNWSA's use of the Harmony, and Lakeview Park and the facilities.
GNWSA shall furnish TOWN with certificates of insurance evidencing its compliance
with this Paragraph at least ten (10) days prior to the commencement of the term of
this Agreement. Nothing contained herein shall be construed to grant any third party
rights or as a waiver of any governmental and/or public purpose of the operation or
use of all or a portion of Harmony and Lakeview Park.
7.3 RESTRICTIONS: Neither the Town nor GNWSA shall display any Sponsor logo,
mark, sign, banner, or other visual display, or print, publish, or distribute any written or
visual material provided by or on behalf of Sponsor, that contains: a comparative or
qualitative description of Sponsor’s product or business; price information or any other
indications of savings or value about Sponsor’s product or business; any message
that otherwise endorses Sponsor’s product or induces one to purchase or use
Sponsor’s product; or any message that causes Sponsor’s payments to not be treated
as “qualified sponsorship payments” as that term is defined in Section 513(i) of the
Internal Revenue Code and related regulations.
7.4 INDEMNIFICATION: Sponsor shall indemnify, defend, and hold harmless the Town
of Trophy Club, it’s trustees, officers, employees, agents, representatives and the
Town from and against any and all liability, loss or damage (including injury, death, or
damage to person and/or property) directly or indirectly associated with any claims,
demands, actions, causes of action, judgements, costs, expenses and/or attorney’s
fees (“Claims”) that result from, arise out of, or relate to: (1) Sponsor’s breach of this
agreement; (2) the provision of goods, services, or equipment by Sponsor or its
officers, directors, employees, agents, contractors, or representatives under this
Agreement; or (3) the Town’s or GNWSA’s use under this Agreement of the Sponsor’s
name, logos, and/or marks, including any actual or alleged infringement or violation
by the Sponsor’s name, logos, or marks of any third party’s intellectual property or
other rights. This paragraph (7.4) shall survive the termination or expiration of this
Agreement, and shall not apply to the extent that said Claims arise out of the sole
negligence of the trustees, officers, agents, or employees of the Town.
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7.5 LIMITATION OF LIABILITY: To the maximum extent permitted by law, in no event
will the Town or GNSWA be liable for any indirect, incidental, consequential, punitive,
special, or exemplary damages arising out of or that relate in any way to this
Agreement, it’s performance, or the sponsorship. This exclusion will apply regardless
of the legal theory on which any claim for such damages is based, whether the Town
or GNSWA had been advised of the possibility of such damages, whether such
damages were reasonably foreseeable, or whether application of the exclusion causes
any remedy to fail of it’s essential purpose.
7.6 CONFLICT: If the Town, GNWSA, or a member thereof signs any document provided
by the Sponsor (including, without limitations, an order form, invoice, pricing list, or
agreement), the terms of this Agreement shall govern and control in the event of a
conflict between the documents provided by the Sponsor and the terms of this
Agreement. In addition, any limitation of liability, defense, indemnification, or hold
harmless provision of such Sponsor document shall be void and of no force or effect.
7.7 No Third Party Beneficiary: For purposes of this Agreement, including its intended
operation and effect, the parties specifically agree and contract that: (1) the Agreement
only affects matters/disputes between the parties to this Agreement, and is in no way
intended by the parties to benefit or otherwise affect any third person or entity,
notwithstanding the fact that such third person or entities may be in a contractual
relationship with TOWN or GNWSA or both; and (2) the terms of this Agreement are
not intended to release, either by contract or operation of law, any third person or entity
from obligations owing by them to either TOWN or GNWSA. This Agreement shall not
create any third-party beneficiaries.
7.8 Notice: Each notice or other communication which may be or is required to be given
under this Agreement shall be in writing and shall be deemed to have been properly
given when delivered by e-mail or personally during the normal business hours of the
party to whom such communication is directed, or upon receipt when sent by United
States registered or certified mail, return receipt requested, postage prepaid, to the
following addresses as may be designated by the appropriate party; however, each
party has a right to designate a different address by giving the other party fifteen (15)
days prior written notice of such designation:
If to GNWSA:
President, GNWSA
1224 N. HWY 377, Suite 303
PMB 141
Roanoke, Texas 76262
lf to TOWN:
Director of Parks and Recreation
Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, Texas 76262
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7.9 Claims Against Parties: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use or
occupation of Harmony and Lakeview Park. It is expressly understood and agreed that
in the execution of this Agreement, neither TOWN nor GNWSA waives, nor shall be
deemed to waive, any immunity or defense that would otherwise be available to each
against claims arising in the exercise of governmental powers and functions.
7.10 Entire Agreement: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if not
contained herein.
7.11 Severability: In case any one (1) or more of the provisions contained herein shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision thereof, and
this Agreement shall be construed as if such invalidity, illegality or unenforceable
provision had never been contain herein.
7.12 Authority: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the other
that any necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
7.13 Defective Conditions. GNWSA shall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerning Harmony and Lakeview Park or
other TOWN property, and shall cease any such use until such defect or condition is
repaired or cured.
8. TERMINATION
8.1 Termination for Cause. Upon the occurrence of any one or more of the following
events, the Town in its sole discretion may elect to terminate this Agreement upon ten
(10) days written notice of default to GNWSA:
A.The GNWSA fails to maintain a simple majority of Board Members who reside
in Trophy Club or Roanoke and neither the position of President, Vice- President,
Treasurer, Registrar nor the position of Appeals and Discipline Director of GNWSA
is held by a resident of the Town of Trophy Club; and
B.GNWSA fails to take action to appoint a Trophy Club resident to at least one
(1) of the required positions set forth in subsection "A" within sixty (60) days after
the date upon which none of the required positions are held by a Trophy Club
resident.
C.GNWSA defaults by failing to timely remit payment to TOWN in accordance
with the provisions of this Agreement or otherwise defaults upon any one or more of
its obligations under this Agreement, and GNWSA has failed to remedy such default
within ten (10) days of the date of TOWN'S written notice of default to GNWSA.
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8.2 Termination Without Cause. Either party may terminate this Agreement with or
without cause, by giving sixty (60) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements shall
remain the property of TOWN and all personal property shall remain the property of
the party paying for such personal property. Removal of personal property or
improvements shall be subject to the terms contained herein. However, all personal
property and improvements remaining on Harmony and Lakeview Park property for
sixty (60) days after the date of termination of this Agreement shall become the
personal property and improvements of the TOWN.
9. REMEDIES AND PENALTIES
9.1 Remedies.No right or remedy granted or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition
of this Agreement may be waived without written consent of the parties. Forbearance
or indulgence by either party shall not constitute a waiver of any covenant or condition
to be performed pursuant to this Agreement.
9.2 Penalties. In addition to all other rights and remedies of TOWN under the terms of
this Agreement and Town Ordinance, as a penalty for violation of any of the terms or
conditions of this agreement or of a Town Ordinance when such violation results in
damage to TOWN property or facilities, GNWSA shall pay the actual cost of the repair
of such damage plus a one-hundred dollar ($100.00) fee per hour for each TOWN
staff person utilized to make the repair. Further, in addition to the foregoing penalty
and all other remedied legally available to TOWN, In the event that participants, guest
or spectators at a GMWSA scheduled activity engage in any actual or behavior,
whether intentional or negligent, that causes or results in damage to TOWN property,
GNWSA shall pay the actual cost of the repair of such damage plus a one-hundred
dollar ($100.00) fee per hour for each Town staff person utilized to make the repair.
9.3 Non-Compliance by Town. In the event, that GNWSA has a claim that the TOWN is
not performing its obligations under this Agreement, GNWSA shall provide written
notice to the Director of Parks and Recreation in accordance with Section 7.8 above,
specifically stating the items(s) of non-accordance with Section 7.8 above, specifically
stating the items(s) of non-compliance. The Director shall have ten (10) calendar days
to remedy the alleged non-compliance. If the alleged non-compliance is not
remediated within ten (10) calendar day period, GNWSA may notify the Town
Manager or designee in writing five (5) calendar days following the decision of the
Town Manager or designee, GNWSA may appeal to the Town Council at the next
regular scheduled Town Council meeting. The decision of the Town Council shall be
final.
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10. APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; exclusive venue for
any action shall be in Denton County, Texas.
11. ASSIGNMENT
GNWSA shall not assign, sublet, subcontract or transfer all or a portion of its rights or
obligations under this Agreement without the prior written approval of the TOWN.
12. GENERAL REQUIREMENTS
12.1 Financials. GNWSA shall provide the Sponsorship Program financials to the Town
on or before the last Monday in February for the previous Fall Season, and on or
before the last Monday in August for the previous Spring Season. This requirement
shall survive termination and/or expiration of this Agreement.
12.2 Reports. On or before the twenty-first (21st) day following the commencement of the
Spring Season and the Fall Season, GNWSA shall provide a written report identifying
the total number of GNWSA registered players, the city of residence for each such
player and the associated age division for each such player. There will be a $100.00
per business day late fee assessed on all late documentation and fees. Late fees must
be paid within thirty (30) days of invoice, or the town may deny access to fields and
concessions until documentation is received. Additionally, all soccer fields at Harmony
and Lakeview Parks will not be available for practice or games until all appropriate
documentation has been submitted by GNWSA.
12.3 Board Members. On or before the twenty-first (21st) day following the
commencement of the Spring Season and the Fall Season, GNWSA shall provide a
list of the names and city of residence for each GNWSA board member. The President
of GNSWA and a minimum of 50 percent of active Board Members must reside in The
Town of Trophy Club.
12.4 Background Checks. GNWSA shall require that each person volunteering to serve
as a board member, head coach and/or an assistant coach, or in any other capacity
pass a background check. Additionally, all adult umpires shall be required to
successfully pass a background check. GNWSA approved standards for successful
completion of a background check shall be provided to TOWN, and any person failing
to meet such standards shall not be allowed to volunteer, serve or otherwise work for
GNWSA in any manner or capacity. GNWSA shall provide written confirmation to
TOWN that all volunteers and coaches have passed a background check. The written
confirmation shall be filed before each season begins.
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12.5 Use of Harmony Park and Lakeview Park facilities is expressly conditioned on
satisfaction of the following requirements each season. The Town receipt of letter from
GNWSA before each season truthfully certifying that coaches, managers, officials,
concessionaires, designated representatives and board members that will be utilized
by GNWSA have undergone and passed a criminal background and sex offenders
registry check using standards satisfactory to the Town.
Each Board Member and all volunteers shall sign a statement agreeing to release,
absolve, indemnify, and hold harmless the Town of Trophy Club, its agents,
servants, employees, officials, and supervisors, any or all of them, in event of any
accident, injury, or death sustained by the participant while being transported to or
from an activity, or while participating in an activity. Forms must be available for
review by the Town prior to the start of official practices each season.
GNWSA
By: ________________________________
Matt Tibbitts
President GNWSA
TOWN OF TROPHY CLUB, TEXAS
By: __________________________________
Alicia Fleury, Mayor
Town of Trophy Club, Texas
ATTEST:
By: __________________________________
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: ___________________________________
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
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ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF DENTON and TARRANT §
This instrument was acknowledged before me on the _______ day of ______________,
2021 by Alicia Fleury, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule
municipal corporation, on behalf of such corporation.
_____________________________________
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ____day of______________,
2021 by Matt Tibbetts, President of the GNWSA, a nonprofit corporation, on behalf of
such corporation.
_________________________________________
Notary Public in and for the State of Texas
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EXHIBIT "A"
(TOWN FIELDS & FACILITIES TO BE USED BY GNWSA)
HARMONY PARK
Fields #1-10
Concession Stand Equipment Shed
Parking lot #1
Parking lot #2
LAKEVIEW PARK
Fields #1-13
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To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: Modification to the BYFO Non-Exclusive Use Agreement
Town Council Meeting, November 11, 2021
Agenda Item: Consider and take action regarding amending the Use Agreement between
the Town of Trophy Club and the Bobcat Youth Football Organization; and authorizing the
Mayor or her designee to execute all necessary documents (T. Jaramillo)
Strategic Link:
Nature & Beautification – Maintain Town assets, services and codes of ordinances that
preserve the natural beauty of the Town.
Infrastructure & Development – Collaborate effectively with other governmental entities.
Background and Explanation:
Staff met with the Council Sports Subcommittee October 4, 2021 and met with the Bobcat
Youth Football Organization (BYFO) on September 14, 2021 and discussed requests made
by BYFO regarding their current agreement with the Town and conversely, discussed
requests made by the Council Subcommittee. The following revisions were made in the
agreement
2.1 Independence Park. TOWN, under the terms and conditions provided herein, shall
allow BYFO the non-exclusive use of Independence Park Multi-use field and facilities within
the park as specifically identified in Exhibit “A”, a copy of which is attached hereto and
incorporated herein, for athletic and sporting events, to wit, football events.
3.1 Regular Season. The “Fall Season” shall run from the first week of August through
the fourth week of November and shall include tryouts and all practices.
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4.6 Community Updates. BYFO shall work with the required TOWN departments to
produce a “community update” on football following the end of each season and prior to the
start of the following season. The TOWN will utilize its various media outlets to reach Town
residents with this information. BYFO is also encouraged to appear before Council and the
Parks and Recreation Board annually to encourage and promote a positive relationship
between all parties.
5.1 TOWN Regulations. BYFO understands and agrees that its use of Independence
Park shall be allowed only in accordance with TOWN ordinances, guidelines, and
regulations, including without limitation the following:
A. Facility Rainout Procedures: during questionable weather periods, TOWN’S
Parks Superintendent and/or designee will post field playability status on the
TOWN’S TC Alert system available to the public by 12:00 p.m. weekdays and by
7:00 a.m. Saturdays, Sundays, and Holidays. Emergency contact numbers shall be
distributed to BYFO designated officials prior to season start. Town staff will provide
sports field condition updates through a preprogrammed alert system.
12.2 Reports. On or before the twenty-first (21st) day following the commencement of the
Fall Season, BYFO shall provide a written report identifying the total number of BYFO
registered players, the city of residence for each such player and the associated age division
for each such player. There will be a $100.00 per business day late fee assessed on all late
documentation and fees. Late fees must be paid within thirty (30) days of invoice, or the town
may deny access to fields until documentation is received.
12.4 Background Checks. BYFO shall require that each person volunteering to serve as
a board member, head coach and/or an assistant coach, or in any other capacity pass a
background check. Additionally, all adult umpires shall be required to successfully pass a
background check. BYFO approved standards for successful completion of a background
check shall be provided to TOWN, and any person failing to meet such standards shall not
be allowed to volunteer, serve or otherwise work for BYFO in any manner or capacity. BYFO
shall provide written confirmation to TOWN that volunteers and coaches have passed a
background check. The written confirmation shall be filed before each season begins.
BYFO
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By: ___________________________________
Savannah Harris, President BYFO
TOWN OF TROPHY CLUB, TEXAS
By: ________________________________
Alicia Fleury, Mayor
Town of Trophy Club, Texas
ATTEST:
By: ____________________________________
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: _____________________________________
David Dodd, Town Attorney
Town of Trophy Club, Texas
EXHIBIT “A”
(TOWN FIELD TO BE USED BY BYFO)
INDEPENDENCE PARK.
Independence Park East large multi-use practice field
Independence Park East small multi-use field adjacent to the Community Pool parking lot
Independence East Parking lot
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Financial Considerations:
Financial considerations information
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
The Council Sports Subcommittee recommended approval of the Non-Exclusive Use Agreement
revisions.
Staff Recommendation:
Staff recommends approval of the proposed revisions
Attachments:
Revised Bobcat Youth Football Organization Agreement
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THE STATE OF TEXAS §
§
COUNTY OF DENTON and TARRANT §
NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE BOBCAT YOUTH FOOTBALL ORGANIZATION
THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and between
the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”), acting by and
through its Mayor or designee, and the BOBCAT YOUTH FOOTBALL ORGANIZATION
(hereinafter referred to as “BYFO”), acting by and through the President its Board of Directors, or
designee.
WITNESSETH:
WHEREAS, the TOWN owns and maintains parks and sports facilities on Independence Park;
and
WHEREAS, the BYFO is comprised of various youth football teams for football play; and
WHEREAS, the BYFO desires to use the TOWN parks and facilities as specifically identified
herein below; and
WHEREAS,maintenance and upkeep obligations shall be shared by Town and BYFO as
expressly set forth in this Agreement; and
WHEREAS,BYFO and TOWN agree that it serves their best interests to work with TOWN; and
WHEREAS, BYFO and TOWN agree that the properties and facilities identified herein shall be
used by BYFO solely for the purpose of providing football use for the members of the BYFO; and
WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or
oral agreements for use of Independence Park and by execution of this Agreement, the parties
agree and intend that this Agreement shall exclusively govern BYFO’s use of Independence Park.
NOW THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises, the
benefits flowing to each of the parties hereto, and other good and valuable consideration, TOWN
and BYFO do hereby agree as follows:
1. INCORPORATION OF PREMISES / TERM
1.1 Incorporation of Premises. The foregoing premises to this Agreement are
incorporated herein for all purposes as if set out herein verbatim.
1.2 Term. The term of this Agreement shall commence on January 1, 2022 and shall end
on December 31, 2022, unless otherwise terminated as provided herein.
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After the initial term has expired, this contract will automatically renew for three (3) additional
terms of one (1) year each, provided that such renewal is not contested by either party within
sixty (60) days of the contract’s expiration date.
2. INDEPENDENCE PARK / CONSIDERATION
2.1 Independence Park. TOWN, under the terms and conditions provided herein, shall
allow BYFO the non-exclusive use of Independence Park Multi-use field and facilities
within the park as specifically identified in Exhibit “A”, a copy of which is attached
hereto and incorporated herein, for athletic and sporting events, to wit, football events.
2.2 Consideration. In further consideration for the use of Independence Park, BYFO
hereby agrees to provide a proposed use schedule (which specifically identifies
complexes and fields to be used) to the TOWN at least seven (7) days before the
commencement of each seasonal practice schedule. In the event of changes in the
practice schedule, BYFO shall provide TOWN with a written notice at least seventy-
two (72) hours prior to the proposed change. Acceptance of the proposed changes
shall be within the sole discretion of the Town; provided however, that acceptance
shall not be unreasonably withheld.
3. USE SCHEDULING/REGISTRATION
3.1 Regular Season. The “Fall Season” shall run from the first week of August through
the fourth week of November and shall include tryouts and all practices.
3.2 Scheduling. TOWN and BYFO agree that scheduling of additional practices on dates
not contained in the TOWN approved schedule shall not be permitted unless these
additional times are mutually agreed to in writing by the TOWN and BYFO, and if
allowed, there shall be no additional cost to BYFO. Use of Independence Park shall
be limited to the practices scheduled by BYFO, and BYFO shall provide written notice
of scheduling to the Parks and Recreation Department in accordance with the time
frames set forth in this Agreement. BYFO shall provide one point of contact for all
scheduling of Independence Park. No BYFO use of Independence Park by BYFO,
other than that expressly provided for under a TOWN approved schedule, shall be
allowed by the TOWN. Weather days, rain days, or suspension of play may require
rescheduling of events. BYFO shall provide written notice of such rescheduling
requests to the Parks and Recreation Department at least seventy-two (72) hours in
advance of the proposed schedule change.
The TOWN shall designate one (1) day per week on which BYFO will not be allowed to
use Independence Park for practice. The proposed day shall be submitted to BYFO thirty
(30) days prior to the commencement of regular season practice for the Fall Season.
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The Town reserves the right to use any field or facility located at Independence Park for
purposes other than football upon submitting the scheduled use to BYFO ninety (90)
days prior to that use.
4. MAINTENANCE RESPONSIBILITIES
4.1 TOWN Maintenance Responsibilities. TOWN shall be responsible for all routine
maintenance of Independence Park.
4.2 Repairs. TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings, lighting, or
other permanent structural improvements upon Independence Park.
4.3 Alterations. TOWN shall be permitted and shall have the right to make, at its own
expense, all alterations or additions to all or any portion of Independence Park the
TOWN determines appropriate in its sole discretion, notwithstanding any conflicting
provision of this Agreement.
4.4 BYFO Maintenance and Other Responsibilities: BYFO shall be responsible for the
following:
A.Maintenance and Improvements Generally. Maintenance or improvements in
addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of BYFO and shall only be allowed upon the prior written approval
of TOWN.
B.Field Maintenance: BYFO through their President or designee shall promptly
notify the TOWN of all field maintenance requests, requests for additional
services or the existence of unsafe conditions by providing written notice to the
Park Superintendent and/or designee.
C.BYFO shall be responsible for emptying all trash receptacles and properly
disposing of all bagged trash that accumulates at facilities utilized by BYFO
during regular season practice.
4.5 BYFO Alterations. BYFO shall not move, alter or remove, in whole or in part, any
TOWN improvement, fixed or movable, upon Independence Park, including without
limitation bleachers, without first obtaining the express written permission of the
TOWN and then only in the event that the move, alteration or removal will not subject
such improvements or Independence Park to damage. Any such move, alteration or
removal shall be at the sole expense of BYFO.
4.6 Community Updates. BYFO shall work with the required TOWN departments to
produce a “community update” on football following the end of each season and prior
to the start of the following season. The TOWN will utilize its various media outlets to
reach Town residents with this information. BYFO is also encouraged to appear before
Council and the Parks and Recreation Board annually to encourage and promote a
positive relationship between all parties.
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4.7 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as
an ex- officio member of the Board of Directors of the BYFO. BYFO shall email board
meeting agendas to the Parks and Recreation Director or designee a minimum of
seventy–two (72) hours prior to each such BYFO Board meeting.
4.8 Partnership Opportunities. BYFO shall diligently pursue any actions or opportunities
that will reduce the maintenance and operational costs of both BYFO and TOWN,
including without limitation, capital improvement initiatives and other TOWN
authorized activities.
4.9 Events. TOWN and BYFO agree and understand that there is a benefit in combining
resources and participation in TOWN sponsored events. BYFO agrees to work with
TOWN in the joint scheduling and promotion of TOWN events as practicable for both
parties.
5. RULES AND REGULATIONS / CLOSURE/ PARKING
5.1 TOWN Regulations. BYFO understands and agrees that its’ use of Independence
Park shall be allowed only in accordance with TOWN ordinances, guidelines and
regulations, including without limitation the following:
A.Athletic Facility Rainout Procedures: during questionable weather periods,
TOWN’S Parks Superintendent and/or designee will post field playability status
on the TOWN’S TC Alert system available to the public by 12:00 p.m.
weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays. Emergency
contact numbers shall be distributed to BYFO designated officials prior to
season start. Town staff will provide sports field condition updates through a
preprogrammed alert system.
B.Field Closure Policy and Procedure: BYFO shall cancel, delay or postpone any
practices or other activities if severe weather conditions are present and/or
when TOWN notifies BYFO that supplemental watering will be conducted.
Notwithstanding the terms of this Agreement, TOWN, in its sole discretion,
retains the right to close any or all of Independence Park that is the subject of
this Agreement. The Park Superintendent and/or designee, at their sole
discretion, may close Independence Park and suspend play at any time if, in
TOWN’S sole discretion, it is determined that continued use presents a risk of
injury to persons or damage to Independence Park or the general health, safety
or welfare of the public.
In addition to the foregoing, a portion of Independence Park may be closed for
repair, remodeling, overseeding or other maintenance. In the event of closure
for such maintenance, TOWN shall timely notify BYFO officials in order to
minimize the impact on scheduling as much as reasonably possible. TOWN
also reserves the right to close all or a portion of Independence Park during
operational hours, and if resources are available, TOWN may offer
substitutions or alternatives for the use of Independence or offer replacement
premises or facilities.
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5.2 Parking: During the term of this Agreement, TOWN shall provide BYFO with access
to and use of Independence East parking area. The repair and maintenance of such
parking lots shall remain the sole responsibility of the TOWN.
6. BYFO USE OF TOWN PARK FACILITIES
As-Is Condition. The BYFO shall take Independence Park on an “as-is” condition on
the date of execution of this Agreement and there shall be no obligation by the TOWN
to make any other improvements to the Independence Park facilities. BYFO shall not
make any improvements or structural changes to any TOWN concession facility
without written permission by the Director of Parks and Recreation.
7. GENERAL REQUIREMENTS APPLICABLE TO BYFO USE OF TOWN PROPERTY
7.1 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be
construed to affect, alter, or modify the immunity of either party under the Texas Civil
Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed
that in the execution of this Agreement, neither TOWN nor BYFO waives, nor shall be
deemed to waive, any immunity or defense that would otherwise be available to each
against claims arising in the exercise of governmental powers and functions.
7.2 Insurance: During the term of this Agreement BYFO shall obtain and maintain, at its
sole expense, general liability insurance with the minimum amounts of $1,000,000
Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the
TOWN of Trophy Club as an additional insured to protect against potential claims
arising out of the BYFO’s use of the Independence Park and the facilities. BYFO shall
furnish TOWN with certificates of insurance evidencing its compliance with this
Paragraph at least ten (10) days prior to the commencement of the term of this
Agreement. Nothing contained herein shall be construed to grant any third party rights
or as a waiver of any governmental and/or public purpose of the operation or use of
all or a portion of Independence Park.
7.3 No Third Party Beneficiary: For purposes of this Agreement, including its intended
operation and effect, the parties specifically agree and contract that: (1) the Agreement
only affects matters/disputes between the parties to this Agreement, and is in no way
intended by the parties to benefit or otherwise affect any third person or entity,
notwithstanding the fact that such third person or entities may be in a contractual
relationship with TOWN or BYFO or both; and (2) the terms of this Agreement are not
intended to release, either by contract or operation of law, any third person or entity
from obligations owing by them to either TOWN or BYFO. This Agreement shall not
create any third-party beneficiaries.
7.4 Notice: Each notice or other communication which may be or is required to be given
under this Agreement shall be in writing and shall be deemed to have been properly
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given when delivered by e-mail or personally during the normal business hours of the
party to whom such communication is directed, or upon receipt when sent by United
States registered or certified mail, return receipt requested, postage prepaid, to the
following addresses as may be designated by the appropriate party; however, each
party has a right to designate a different address by giving the other party fifteen (15)
days prior written notice of such designation.
If to BYFO:
Savannah Harris, President
BYFO
P.O. BOX 1095
Roanoke, TX 76262
If to TOWN:
Director of Parks and Recreation
Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, Texas 76262
7.5 Claims Against Parties: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use or
occupation of Independence Park. It is expressly understood and agreed that in the
execution of this Agreement, neither TOWN nor BYFO waives, nor shall be deemed
to waive, any immunity or defense that would otherwise be available to each against
claims arising in the exercise of governmental powers and functions.
7.6 Entire Agreement: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if not
contained herein.
7.7 Severability: In case any one (1) or more of the provisions contained herein shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision thereof, and
this Agreement shall be construed as if such invalidity, illegality or unenforceable
provision had never been contain herein.
7.8 Authority: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the other
that any necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
7.9 Defective Conditions: BYFO shall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerning Independence Park or other
TOWN property, and shall cease any such use until such defect or condition is
repaired or cured.
8. TERMINATION
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8.1 Termination for Cause: Upon the occurrence of any one or more of the following
events, the Town in its sole discretion may elect to terminate this Agreement upon ten
(10) days written notice of default to BYFO:
A.The BYFO fails to maintain a simple majority of Board Members who reside in
Trophy Club or Roanoke and neither the position of President, Vice-President,
Treasurer nor the position of Secretary is held by a resident of the Town of
Trophy Club; and
B.BYFO fails to take action to appoint a Trophy Club resident to at least one (1)
of the required positions set forth in subsection “A” within sixty (60) days after
the date upon which a Trophy Club resident holds none of the required
positions.
C.BYFO defaults by failing to timely remit payment to TOWN in accordance with
the provisions of this Agreement or otherwise defaults upon any one or more
of its obligations under this Agreement, and BYFO has failed to remedy such
default within ten (10) days of the date of TOWN’S written notice of default to
BYFO.
8.2 Termination without Cause: Either party may terminate this Agreement with or
without cause, by giving sixty (60) days prior written notice of the date of termination
to the other party. Upon termination, all permanent improvements shall remain the
property of TOWN and all personal property shall remain the property of the party
paying for such personal property. Removal of personal property or improvements
shall be subject to the terms contained herein. However, all personal property and
improvements remaining on Independence Park property for sixty (60) days after the
date of termination of this Agreement shall become the personal property and
improvements of the TOWN.
9. REMEDIES AND PENALTIES
9.1 Remedies. No right or remedy granted or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition
of this Agreement may be waived without written consent of the parties. Forbearance
or indulgence by either party shall not constitute a waiver of any covenant or condition
to be performed pursuant to this Agreement.
9.2 Penalties. In addition to all other rights and remedies of TOWN under the terms of
this Agreement and Town Ordinance, as a penalty for violation of any of the terms or
conditions of this agreement or of a Town Ordinance when such violation results in
damage to TOWN property or facilities, BYFO shall pay the actual cost of the repair
of such damage plus a one-hundred dollar ($100.00) fee per hour for each TOWN
staff person utilized to make the repair. Further, in addition to the foregoing penalty
and all other remedies legally available to TOWN, in the event that participants, guests
or spectators at a BYFO scheduled activity engage in any action or behavior, whether
intentional or negligent, that causes or results in damage to TOWN property, BYFO
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shall pay the actual cost of the repair of such damage plus a one-hundred dollar
($100.00) fee per hour for each Town staff person utilized to make the repair.
10. APPLICABLE LAW
The laws of the State of Texas govern this Agreement; exclusive venue for any action
shall be in Denton County, Texas.
11. ASSIGNMENT
BYFO shall not assign, sublet, subcontract, transfer all, or a portion of its rights or
obligations under this Agreement without the prior written approval of the TOWN.
12. GENERAL REQUIREMENTS
12.1 Financials. BYFO shall provide financials to the Town on or before the last Monday
in February for the previous Fall Season. This requirement shall survive termination
and/or expiration of this Agreement.
12.2 Reports. On or before the twenty-first (21st) day following the commencement of the
Fall Season, BYFO shall provide a written report identifying the total number of BYFO
registered players, the city of residence for each such player and the associated age
division for each such player. There will be a $100.00 per business day late fee
assessed on all late documentation and fees. Late fees must be paid within thirty (30)
days of invoice, or the town may deny access to fields until documentation is received.
Additionally, all multi-use fields at Independence Park will not be available for practice
or games until all appropriate documentation has been submitted by BYFO.
12.3 Board Members. On or before the twenty-first (21st) day following the
Commencement of the Fall Season, BYFO shall provide a list of the names and city
of residence for each BYFO board member.
12.4 Background Checks. BYFO shall require that each person volunteering to serve as
a board member, head coach and/or an assistant coach, or in any other capacity pass
a background check. Additionally, all adult umpires shall be required to successfully
pass a background check. BYFO approved standards for successful completion of a
background check shall be provided to TOWN, and any person failing to meet such
standards shall not be allowed to volunteer, serve or otherwise work for BYFO in any
manner or capacity. BYFO shall provide written confirmation to TOWN that volunteers
and coaches have passed a background check. The written confirmation shall be filed
before each season begins.
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12.5 Use of Independence Park facilities is expressly conditioned on satisfaction of the
following requirements each season. The Town receipt of letter from BYFO before
each season truthfully certifying that coaches, managers, officials, concessionaires,
designated representatives and board members that will be utilized by BYFO have
undergone and passed a criminal background and sex offenders registry check
using standards satisfactory to the Town.
Each Board Member and all volunteers shall sign a statement agreeing to release,
absolve, indemnify, and hold harmless the Town of Trophy Club, its agents,
servants, employees, officials, and supervisors any or all of them in event of any
accident, injury, or death sustained by the participant while being transported to or
from an activity, or while participating in an activity. Forms must be available for
review by the Town prior to the start of official practices each season.
BYFO
By: ___________________________________
Savannah Harris, President BYFO
TOWN OF TROPHY CLUB, TEXAS
By: ________________________________
Alicia Fleury, Mayor
Town of Trophy Club, Texas
ATTEST:
By: ____________________________________
Leticia Vacek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
By: _____________________________________
David Dodd, Town Attorney
Town of Trophy Club, Texas
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ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON and TARRANT §
This instrument was acknowledged before me on the _____ day of ________________,
2021 by Alicia Fleury, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal
corporation, on behalf of such corporation.
__________________________________
Notary Public in and for the State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of ________________,
2021 by Savannah Harris, President of the BYFO, a nonprofit corporation, on behalf of such
corporation.
__________________________________
Notary Public in and for the State of Texas
EXHIBIT “A”
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2021 Non-Exclusive Use Agreement with BYFO Page 11 of 11
(TOWN FIELD TO BE USED BY BYFO)
INDEPENDENCE PARK;
Independence Park East large multi-use practice field
Independence Park East small multi-use field adjacent to the Community Pool parking lot
Independence East Parking lot
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Page 1 of 2
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: Procurement of a firework show for the 2022 Fourth of July Event Celebration
Town Council Meeting, November 11, 2021
Agenda Item:
Consider and take action regarding a Requisition Request between the Town of Trophy Club
and Pyrotex, Inc for the 2022 Fourth of July Event Celebration firework show and authorizing
the Mayor or her designee to execute all necessary documents (T. Jaramillo).
Strategic Link:
Nature & Beautification – Maintain Town assets, services and codes of ordinances that
preserve the natural beauty of the Town.
Background and Explanation:
Requesting authorization for the purchase of a firework show for the annual 2022 Fourth of
July Event Celebration. The Town celebrates Independence Day each year by hosting three
patriotic events throughout the day. Staff proudly finalizes the day by providing an exquisite
firework show located at Independence Park immediately following the evening celebration.
Financial Considerations:
The procurement request in the amount of $25,000 is within the budgeted amount of the
current fiscal year and meets the Town’s purchasing guidelines. Staff requested for additional
quotes from qualified bidders; Pyrotex provided the lowest quote.
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Page 2 of 2
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends approval of the Requisition Request
Attachments:
Requisition Request
Pyrotex Inc. quote
117
118
119
120
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Page 1 of 2
To: Mayor and Town Council
From: Tony Jaramillo, Director of Parks and Recreation
CC: Wade Carroll, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: Procurement of irrigation supplies for the Parks Department
Town Council Meeting, November 11, 2021
Agenda Item:
Consider and take action regarding a Requisition Request for the procurement of irrigation
supplies in a not to exceed amount of $42, 500 between the Town of Trophy Club and SiteOne
Landscape Supply. (T. Jaramillo)
Strategic Link:
Nature & Beautification – Maintain Town assets, services and codes of ordinances that
preserve the natural beauty of the Town.
Background and Explanation:
Requesting authorization for the purchase of irrigation supplies for all irrigated town property.
The Parks Department performs irrigation audits, repairs and installations in which irrigation
supplies are needed on an as needed basis and purchased through SiteOne. SiteOne is part of
BuyBoard purchasing cooperative and therefore meets all requirements for bidding.
Financial Considerations:
The procurement request in the not to exceed amount of $42,500 is within the budgeted
amount of the parks department budget and meets all bidding requirements through utilization
of a purchasing cooperative.
Legal Review:
Not applicable
122
Page 2 of 2
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends approval of the Requisition Request.
Attachments:
Requisition Request
123
124
Proclamation 2021-31
Town of Trophy Club, Texas
WHEREAS, The Congressional Veteran Commendation is a nominations-based award
designed to recognize the wartime sacrifices and peacetime community involvements of
residents in Texas. The Honorees selected are exceptional Americans in every way. To be
nominated for this Award, a Veteran must currently reside within their Congressional District
of Texas, served in active duty, retired or honorably discharged from the United States Armed
Forces, or a reservist called to active duty. The nomination process includes information about
the Veteran’s Heroism while in the military, and community involvement; and
WHEREAS, Major (retired) Karl Monger is a Resident of Trophy Club and served in the
United States Army as a Platoon Leader and Company Executive Officer in the 9th Infantry
Division (Motorized), a Brigade Assistant Operations Officer and Rifle Company Commander
in the 25th Infantry Division (Light), as a staff officer in the 1st Ranger Battalion, and in the United
States Army Reserves as a staff officer with the 89th Army Reserve Command; and
WHEREAS, In recognition of his military service, Karl Monger received many military
awards including the Expert Infantryman Badge, Ranger Tab, Senior Parachutist and Air
Assault Badges, two Meritorious Service Medals, one Army Commendation Medal, two Army
Achievement Medals, the Korea Service Medal, the Kuwait Liberation Medal, and the
Southwest Asia Service Medal with bronze campaign star; and
WHEREAS, Mr. Monger has dutifully served Trophy Club as a Council Member on the
Trophy Club Town Council since 2019; and
WHEREAS, Mr. Monger is the Founder and Executive Director of GallantFew, a non-
profit organization providing one-on-one veteran transition assistance and support to any
service member or veteran seeking guidance transitioning from the military and reintegrating
into society. Mr. Monger’s actions are consistent with the finest traditions of the United States
Army and is reflective of his service to Trophy Club, the State of Texas, and the United States
of America. Mr. Monger graciously exhibits the highest standard of serving his Country and the
Town of Trophy Club with pride and honor.
NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE
TROPHY CLUB TOWN COUNCIL, DO HEREBY RECOGNIZE AND HONOR KARL
MONGER AS RECIPIENT OF THE:
“2021 CONGRESSIONAL VETERAN COMMENDATION”
PASSED AND APPROVED by the Trophy Club Town Council this 11th day of November
2021.
___________________________ ____________________________
Leticia Vacek, TRMC, CMC, MMC Alicia L. Fleury, Mayor
Town Governance Officer
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To: Mayor and Town Council
From: Wade Carroll, Town Manager
CC: Leticia Vacek, Town Governance Officer/Town Secretary
Re: Take appropriate action by awarding the Bid to Canary Construction for the Indian
Creek Drainage Project in an amount not to exceed $1,037,200.
Date: November 11, 2021
Agenda Item:
Take appropriate action by awarding the Bid to Canary Construction for the Indian Creek Drainage
Project in an amount not to exceed $1,037,200. (W. Carroll)
Strategic Link:
This item relates primarily to the following strategic priorities and goals of the Town’s strategy
map.
Administrative & Financial Services – Exercise fiscal discipline in all Town Operations
Background and Explanation:
Staff is asking for Council’s approval and award of a construction contract of $1,037,159 which
includes a $100,000 owner’s contingency to Canary Construction for the completion of the Indian
Creek Drainage Project. In 2020 Town Council approved the engineering and administration of
the Indian Creek Drainage Project that is expected to alleviate the flooding in several homes
during heavy rain events. The project was awarded to Teague Nall and Perkins our contracted
Town engineers who engineered the project and sent the project out to bid. Five (5) bids were
received and the 4 lowest bids were evaluated, scored and tabulated (attached). The winning
bid was Canary Construction who has 20+ years of underground utilities construction including
projects very similar to the Indian Creek Drainage Project. Canary Construction has sufficient
resources to complete the job and has a net worth of over $3.2 million with an outstanding
reputation in the North Texas area. The contractor will also be bonded and issued throughout
the project. If awarded the project is scheduled to begin in December of 2021.
Financial Considerations:
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Page 2 of 2
Funding is available through the Bond Proceeds from the 2017 Bond Proceeds, with a current
unspent balance of $1,187,000. (including the acquisition of land therefor (b) designing,
developing, constructing, improving, extending, and expanding streets, thoroughfares,
sidewalks, bridges, and other public ways of the Town, including streetscaping, street lighting,
right-of-way protection, utility relocation, and related storm drainage improvements).
Legal Review:
The bids and bid tabulation was reviewed by TNP and their attorneys who approved the process.
Board/Commission/ or Committee Recommendation:
Not applicable
Staff Recommendation:
Staff recommends the awarding of the Indian Creek Drainage Project to Canary Construction in
the amount of $1,037,159.
Attachments:
• Bid Proposal Evaluation
• Canary Construction Qualifications & Resumes
• Canary Construction References & Projects
Town Council Approval:
Mayor Alicia Fleury or designee
127
TNP Firm Registrations
Texas Board of Professional Engineers and Land Surveyors | Engineering Firm No. F-230 | Surveying Firm No. 10011600 | 10194381 | 10011601
Georgia Board of Professional Engineers Firm No. PEF007431 | Texas Board of Architectural Examiners Firm No. BR 2673
engineers
surveyors
landscape architects
TEXAS
FORT WORTH
DENTON
ALLEN
HEATH
CYPRESS
SUGAR LAND
GEORGIA
BLAIRSVILLE
www.tnpinc.com
November 5, 2021
Wade Carroll, Town Manager
Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, TX 76262
Re: Bid Proposal Evaluation for Drainage Improvements for Indian Creek Drive
& Fair Green Drive
Dear Wade:
On October 26, 2021, competitive sealed proposals (CSP) were opened for the above referenced Town
project. Five bids were received and a bid tabulation report has been prepared and attached for
record. The following are the bid results for the total project bid:
Contractor Total Project Bid Total Calendar Days
Canary Construction, Inc. $1,037,159.00 190
Flow-Line Construction, Inc. $1,144,582.00 240
Four Star Excavating $1,157,055.00 82
A & B Construction, LLC $1,345,340.00 240
Wildstone Construction, LLC $1,753,070.00 150
The project was bid as a CSP (Competitive Sealed Proposal) in which the published selection criteria was
used. The selection criteria is as follows:
1. Cost – 40%
2. Bid Time – 20%
3. Qualifications & Experience – 20%
4. Reputation/References – 20%
A panel consisting of representatives from Town of Trophy Club scored the top 4 respective bidders
based on the selection criteria above. Information for Items 3 & 4 of the selection criteria were provided
by the bidders for the scoring evaluation. The scores were tabulated and are attached for record.
Based on the results, Canary Construction, Inc. submitted the proposal that offers the best value to the
Town.
If you have any questions or need any additional information, please do not hesitate to contact us.
Sincerely,
tnp
teague nall & perkins
Philip C. Varughese, P.E.
Associate/Senior Project Manager 128
Attachments
cc: Matt Cox, Director of Community Development (via email)
Tom Rutledge, Teague, Nall & Perkins (via email)
129
Drainage Improvements for Indian Creek Drive and Fair Green Drive - Trophy Club, TXRating Category Scoring SystemContractor Total Project Bid (40 pts) Total Time (20 pts) (20 pts) (20 pts) TotalCanary Construction, Inc.$1,037,159.00 40.0 190 8.6 20.0 20.088.63Flow-Line Construction, Inc. $1,144,582.00 36.2 240 6.8 20.0 18.081.08Four Star Excavating $1,157,055.00 35.9 82 20.0 16.0 15.787.56A&B Construction LLC $1,345,340.00 30.8 240 6.8 11.0 10.058.67Wildstone Construction, LLC $1,753,070.00 23.7 150 10.9 - --Bid Amount Bid Time*Qualifications & ExperienceReputation & References130
TEAGUE NALL AND PERKINS, INC.CLIENT: TOWN OF TROPHY CLUBCONSULTING ENGINEERSTNP JOB NO: TRO 20359 BID DATE: TUESDAY, OCTOBER 26, 2021BID TIME: 2:00 PM CST ENGINEER'S ESTIMATE: ITEM NO.DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL1 Bonds & Insurance 1 LS$20,000.00 $20,000.00 $30,000.00 $30,000.00 $24,000.00 $24,000.002 Materials Testing 1 LS$12,000.00 $12,000.00 $12,000.00 $12,000.00 $8,500.00 $8,500.003 Right-of-Way Preparation/Mobilization 1 LS$20,000.00 $20,000.00 $74,000.00 $74,000.00 $57,000.00 $57,000.004 Remove & Dispose Existing Sanitary Sewer Pipe (PVC) 164 LF$25.00 $4,100.00 $7.00 $1,148.00 $12.00 $1,968.005 Remove & Dispose Existing RCP Storm Drain Pipe 516 LF$25.00 $12,900.00 $9.00 $4,644.00 $16.00 $8,256.006 Remove Existing Storm Drain Structure 4 EA$2,000.00 $8,000.00 $865.00 $3,460.00 $2,000.00 $8,000.007Abandon 48" RCP in Place with Grout63 LF$85.00 $5,355.00 $185.00 $11,655.00 $75.00 $4,725.008 Remove and Replace Existing Trees 10 EA$2,000.00 $20,000.00 $2,585.00 $25,850.00 $2,900.00 $29,000.009 Remove and Replace Existing Shrubs 20 EA$400.00 $8,000.00 $860.00 $17,200.00 $1,200.00 $24,000.0010 Remove and Replace Sod 5,000 SF$12.00 $60,000.00 $2.00 $10,000.00 $3.00 $15,000.0011 Remove and Replace Existing Wood Fence 157 LF$65.00 $10,205.00 $60.00 $9,420.00 $97.00 $15,229.0012 Remove and Replace Existing Ornamental Steel Fence 171 LF$85.00 $14,535.00 $61.00 $10,431.00 $104.00 $17,784.0013 Remove and Replace Existing Wood Gate 2 EA$1,500.00 $3,000.00 $550.00 $1,100.00 $150.00 $300.0014 Remove and Replace Existing Ornamental Steel Gate 3 EA$2,000.00 $6,000.00 $1,200.00 $3,600.00 $720.00 $2,160.0015 Remove and Reconstruct Existing Street Light Foundation 1 EA$2,200.00 $2,200.00 $6,150.00 $6,150.00 $16,000.00 $16,000.0016 Remove and Replace Existing Concrete Paving 510 SY$165.00 $84,150.00 $114.00 $58,140.00 $156.00 $79,560.0017 Remove and Replace Existing Concrete Curb 95 LF$150.00 $14,250.00 $30.00 $2,850.00 $30.00 $2,850.0018 Unclassified Channel Excavation & Grading 1 LS$32,000.00 $32,000.00 $5,000.00 $5,000.00 $5,500.00 $5,500.0019 24" Class III RCP 76 LF$155.00 $11,780.00 $240.00 $18,240.00 $144.00 $10,944.0020 30" Class III RCP 165 LF$175.00 $28,875.00 $275.00 $45,375.00 $180.00 $29,700.0021 33" Class III RCP 4 LF$185.00 $740.00 $460.00 $1,840.00 $197.00 $788.0022 5'X5' Reinforced Concrete Box 152 LF$475.00 $72,200.00 $590.00 $89,680.00 $712.00 $108,224.0023 6'x3' Reinforced Concrete Box 365 LF$550.00 $200,750.00 $580.00 $211,700.00 $728.00 $265,720.0024 5'x5' Modified Headwall 1 EA$22,000.00 $22,000.00 $27,600.00 $27,600.00 $15,100.00 $15,100.0025 20' Standard Curb Inlet 4 EA$6,000.00 $24,000.00 $15,600.00 $62,400.00 $8,800.00 $35,200.002615' Standard Curb Inlet3EA$5,500.00 $16,500.00 $14,000.00 $42,000.00 $6,600.00 $19,800.00Four Star ExcavatingFlow-Line Construction, Inc.Canary Construction, Inc.BID TABULATION REPORT BIDDERS DESCRIPTION Drainage Improvements for Indian Creek Drive & Fair Green DrivePage 1131
TEAGUE NALL AND PERKINS, INC.CLIENT: TOWN OF TROPHY CLUBCONSULTING ENGINEERSTNP JOB NO: TRO 20359 BID DATE: TUESDAY, OCTOBER 26, 2021BID TIME: 2:00 PM CST ENGINEER'S ESTIMATE: 2710' Standard Curb Inlet1EA$5,000.00 $5,000.00 $12,800.00 $12,800.00 $5,500.00 $5,500.00288'x8' Storm Drain Manhole2EA$20,000.00 $40,000.00 $19,300.00 $38,600.00 $15,000.00 $30,000.0029Connect to Existing Storm Drain Structure2EA$3,000.00 $6,000.00 $5,800.00 $11,600.00 $1,900.00 $3,800.0030Connect to Existing Storm Drain Pipe1EA$1,500.00 $1,500.00 $1,250.00 $1,250.00 $1,900.00 $1,900.00318" Sanitary Sewer Pipe (PVC)23LF$165.00 $3,795.00 $240.00 $5,520.00 $114.00 $2,622.00328" Sanitary Sewer Pipe (PVC) via Slick Bore137LF$380.00 $52,060.00 $305.00 $41,785.00 $323.00 $44,251.00334' Dia. Sewer Manhole3EA$6,500.00 $19,500.00 $9,900.00 $29,700.00 $12,000.00 $36,000.0034Extra Depth Manhole6VF$400.00 $2,400.00 $350.00 $2,100.00 $185.00 $1,110.0035Vacuum Testing for Manhole3EA$250.00 $750.00 $115.00 $345.00 $300.00 $900.0036Post Construction TV Inspection160LF$3.00 $480.00 $3.00 $480.00 $5.00 $800.0037Remove and Replace Sanitary Sewer Service3EA$1,850.00 $5,550.00 $800.00 $2,400.00 $2,500.00 $7,500.0038Remove and Replace 4" PVC Sanitary Sewer Service100LF$65.00 $6,500.00 $40.00 $4,000.00 $100.00 $10,000.0039Adjust 6" PVC Waterline46LF$200.00 $9,200.00 $495.00 $22,770.00 $262.00 $12,052.0040Remove and Replace Water Service1EA$1,950.00 $1,950.00 $2,500.00 $2,500.00 $6,400.00 $6,400.0041Trench Safety - Box Culvert (Sta 0+00 to Sta 4+30)432LF$4.00 $1,728.00 $10.00 $4,320.00 $4.00 $1,728.0042Trench Safety - Box Culvert (Sta 6+20 to Sta 7+15)95LF$4.00 $380.00 $60.00 $5,700.00 $4.00 $380.0043Trench Safety - Storm Drain Pipe241LF$4.00 $964.00 $29.00 $6,989.00 $1.00 $241.0044Trench Safety - Sanitary Sewer Pipe23LF$4.00 $92.00 $10.00 $230.00 $1.00 $23.0045Gabion Baskets30CY$320.00 $9,600.00 $340.00 $10,200.00 $640.00 $19,200.0046Gabion Mattress24CY$350.00 $8,400.00 $440.00 $10,560.00 $400.00 $9,600.004718" Thick Rock Riprap28SY$240.00 $6,720.00 $230.00 $6,440.00 $260.00 $7,280.0048Turf Reinforced Mat13SY$275.00 $3,575.00 $145.00 $1,885.00 $170.00 $2,210.0049Haul Off Spoils1LS$15,000.00 $15,000.00 $1,000.00 $1,000.00 $7,000.00 $7,000.0050Traffic Control1LS$3,500.00 $3,500.00 $5,000.00 $5,000.00 $3,600.00 $3,600.00 DESCRIPTION Drainage Improvements for Indian Creek Drive & Fair Green Drive BIDDERSCanary Construction, Inc.Flow-Line Construction, Inc.Four Star ExcavatingBID TABULATION REPORTPage 2132
TEAGUE NALL AND PERKINS, INC.CLIENT: TOWN OF TROPHY CLUBCONSULTING ENGINEERSTNP JOB NO: TRO 20359 BID DATE: TUESDAY, OCTOBER 26, 2021BID TIME: 2:00 PM CST ENGINEER'S ESTIMATE: 51Remove & Reconstruct Existing Brick Mailbox3EA$350.00 $1,050.00 $1,200.00 $3,600.00 $1,600.00 $4,800.0052Prime and Paint Existing Ornamental Steel Fence75LF$45.00 $3,375.00 $15.00 $1,125.00 $14.00 $1,050.0053Erosion Control1LS$6,000.00 $6,000.00 $10,000.00 $10,000.00 $4,800.00 $4,800.0054Restoration of Parkway/Yards & Landscape/Irrigation Improvements - Per Lot (Indian Crk Dr/Fair Green Dr Lots)6LOT$950.00 $5,700.00 $2,200.00 $13,200.00 $3,000.00 $18,000.0055Restoration of Parkway/Yards & Landscape/Irrigation Improvements per lot (E. Hillside Place Lots)3LOT$950.00 $2,850.00 $1,000.00 $3,000.00 $3,000.00 $9,000.0056 Owner's Contingency1LS$100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00TOTAL BID $1,037,159.00 $1,144,582.00 $1,157,055.00Four Star ExcavatingBID TABULATION REPORT DESCRIPTION Drainage Improvements for Indian Creek Drive & Fair Green Drive BIDDERSCanary Construction, Inc.Flow-Line Construction, Inc.Substantial Completion Calendar DaysFinal Acceptance Calendar Days1601901802407582Page 3133
TEAGUE NALL AND PERKINS, INC.CLIENT: TOWN OF TROPHY CLUBCONSULTING ENGINEERSTNP JOB NO: TRO 20359 BID DATE: TUESDAY, OCTOBER 26, 2021BID TIME: 2:00 PM CST ENGINEER'S ESTIMATE: 1 Bonds & Insurance 1 LS$52,000.00 $52,000.00 $52,278.00 $52,278.002 Materials Testing 1 LS$12,000.00 $12,000.00 $27,500.00 $27,500.003 Right-of-Way Preparation/Mobilization 1 LS$95,000.00 $95,000.00 $22,698.00 $22,698.004 Remove & Dispose Existing Sanitary Sewer Pipe (PVC) 164 LF$20.00 $3,280.00 $126.00 $20,664.005 Remove & Dispose Existing RCP Storm Drain Pipe 516 LF$30.00 $15,480.00 $65.00 $33,540.006 Remove Existing Storm Drain Structure 4 EA$3,000.00 $12,000.00 $3,130.00 $12,520.007Abandon 48" RCP in Place with Grout63 LF$118.00 $7,434.00 $720.00 $45,360.008 Remove and Replace Existing Trees 10 EA$3,000.00 $30,000.00 $3,890.00 $38,900.009 Remove and Replace Existing Shrubs 20 EA$200.00 $4,000.00 $1,085.00 $21,700.0010 Remove and Replace Sod 5,000 SF$1.50 $7,500.00 $5.50 $27,500.0011 Remove and Replace Existing Wood Fence 157 LF$85.00 $13,345.00 $86.00 $13,502.0012 Remove and Replace Existing Ornamental Steel Fence 171 LF$140.00 $23,940.00 $196.00 $33,516.0013 Remove and Replace Existing Wood Gate 2 EA$2,500.00 $5,000.00 $1,435.00 $2,870.0014 Remove and Replace Existing Ornamental Steel Gate 3 EA$3,500.00 $10,500.00 $2,865.00 $8,595.0015 Remove and Reconstruct Existing Street Light Foundation 1 EA$4,000.00 $4,000.00 $6,600.00 $6,600.0016 Remove and Replace Existing Concrete Paving 510 SY$95.00 $48,450.00 $600.00 $306,000.0017 Remove and Replace Existing Concrete Curb 95 LF$25.00 $2,375.00 $113.00 $10,735.0018 Unclassified Channel Excavation & Grading 1 LS$95,000.00 $95,000.00 $25,430.00 $25,430.0019 24" Class III RCP 76 LF$102.00 $7,752.00 $365.00 $27,740.0020 30" Class III RCP 165 LF$118.00 $19,470.00 $320.00 $52,800.0021 33" Class III RCP 4 LF$131.00 $524.00 $525.00 $2,100.0022 5'X5' Reinforced Concrete Box 152 LF$862.00 $131,024.00 $965.00 $146,680.0023 6'x3' Reinforced Concrete Box 365 LF$910.00 $332,150.00 $980.00 $357,700.0024 5'x5' Modified Headwall 1 EA$7,500.00 $7,500.00 $7,210.00 $7,210.0025 20' Standard Curb Inlet 4 EA$5,188.00 $20,752.00 $8,260.00 $33,040.002615' Standard Curb Inlet3EA$3,940.00 $11,820.00 $6,560.00 $19,680.00BID TABULATION REPORT DESCRIPTION Drainage Improvements for Indian Creek Drive & Fair Green Drive BIDDERSA & B Construction LLCWildstone Construction, LLCPage 4134
TEAGUE NALL AND PERKINS, INC.CLIENT: TOWN OF TROPHY CLUBCONSULTING ENGINEERSTNP JOB NO: TRO 20359 BID DATE: TUESDAY, OCTOBER 26, 2021BID TIME: 2:00 PM CST ENGINEER'S ESTIMATE: 2710' Standard Curb Inlet1EA$2,594.00 $2,594.00 $5,120.00 $5,120.00288'x8' Storm Drain Manhole2EA$12,000.00 $24,000.00 $9,100.00 $18,200.0029Connect to Existing Storm Drain Structure2EA$8,500.00 $17,000.00 $3,800.00 $7,600.0030Connect to Existing Storm Drain Pipe1EA$7,500.00 $7,500.00 $2,430.00 $2,430.00318" Sanitary Sewer Pipe (PVC)23LF$75.00 $1,725.00 $155.00 $3,565.00328" Sanitary Sewer Pipe (PVC) via Slick Bore137LF$210.00 $28,770.00 $460.00 $63,020.00334' Dia. Sewer Manhole3EA$1,480.00 $4,440.00 $6,100.00 $18,300.0034Extra Depth Manhole6VF$350.00 $2,100.00 $1,285.00 $7,710.0035Vacuum Testing for Manhole3EA$800.00 $2,400.00 $165.00 $495.0036Post Construction TV Inspection160LF$9.00 $1,440.00 $4.00 $640.0037Remove and Replace Sanitary Sewer Service3EA$1,200.00 $3,600.00 $1,700.00 $5,100.0038Remove and Replace 4" PVC Sanitary Sewer Service100LF$85.00 $8,500.00 $146.00 $14,600.0039Adjust 6" PVC Waterline46LF$135.00 $6,210.00 $400.00 $18,400.0040Remove and Replace Water Service1EA$1,500.00 $1,500.00 $2,430.00 $2,430.0041Trench Safety - Box Culvert (Sta 0+00 to Sta 4+30)432LF$10.00 $4,320.00 $1.50 $648.0042Trench Safety - Box Culvert (Sta 6+20 to Sta 7+15)95LF$10.00 $950.00 $7.00 $665.0043Trench Safety - Storm Drain Pipe241LF$5.00 $1,205.00 $3.00 $723.0044Trench Safety - Sanitary Sewer Pipe23LF$5.00 $115.00 $30.00 $690.0045Gabion Baskets30CY$450.00 $13,500.00 $600.00 $18,000.0046Gabion Mattress24CY$450.00 $10,800.00 $790.00 $18,960.004718" Thick Rock Riprap28SY$180.00 $5,040.00 $315.00 $8,820.0048Turf Reinforced Mat13SY$45.00 $585.00 $250.00 $3,250.0049Haul Off Spoils1LS$25,000.00 $25,000.00 $25,435.00 $25,435.0050Traffic Control1LS$15,000.00 $15,000.00 $11,000.00 $11,000.00BID TABULATION REPORT DESCRIPTION Drainage Improvements for Indian Creek Drive & Fair Green Drive BIDDERSA & B Construction LLCWildstone Construction, LLCPage 5135
TEAGUE NALL AND PERKINS, INC.CLIENT: TOWN OF TROPHY CLUBCONSULTING ENGINEERSTNP JOB NO: TRO 20359 BID DATE: TUESDAY, OCTOBER 26, 2021BID TIME: 2:00 PM CST ENGINEER'S ESTIMATE: 51Remove & Reconstruct Existing Brick Mailbox3EA$1,500.00 $4,500.00 $2,160.00 $6,480.0052Prime and Paint Existing Ornamental Steel Fence75LF$30.00 $2,250.00 $28.00 $2,100.0053Erosion Control1LS$15,000.00 $15,000.00 $13,165.00 $13,165.0054Restoration of Parkway/Yards & Landscape/Irrigation Improvements - Per Lot (Indian Crk Dr/Fair Green Dr Lots)6LOT$7,000.00 $42,000.00 $1,611.00 $9,666.0055Restoration of Parkway/Yards & Landscape/Irrigation Improvements per lot (E. Hillside Place Lots)3LOT$7,000.00 $21,000.00 $3,000.00 $9,000.0056 Owner's Contingency1LS$100,000.00 $100,000.00 $100,000.00 $100,000.00TOTAL BID $1,345,340.00 $1,753,070.00BID TABULATION REPORT DESCRIPTION Drainage Improvements for Indian Creek Drive & Fair Green Drive BIDDERSA & B Construction LLCWildstone Construction, LLCFinal Acceptance Calendar Days240 150Substantial Completion Calendar Days210 120Page 6136
.,-.
Canary Construction,Inc.
802 N Kealy Ave,Suite 101
Lewisville,TX 75057
Tel 469.464.3823 Fax 469.464.4233
wayne@canaryconstruction.com
www.canaryconstruction.com
REFERENCES AND COMPLETED PROJECTS
Project Name:Lewisville Executive Boat &RV Storage
Owner:Lewisville Lake RV&Boat Club LLC
Location/City Inspector:Lewisville,TX -Ronnie McNiel 817-437-4438
Contract Amount:$1,285,000.00
Project Date:March 2021
Scope:Install 3820 LF of 8"Waterline,140 Lf of 6"Waterline all with fittings,2)8"Double Detector Check Vaults,6 Fire hydrants
w /2 steel bollards,2100 LF 8"Sanitary Sewer all with fittings,4'x6'MH Utility Vault,4 manholes,approx.1971 LF of RCPwith
fittings,4)5'x5'junction boxes,2)8'x8'junction boxes,12'x8'open back inlet,760 LF of 6'x4'RCB,533 LF of 6'x3'RCBwith Type B
Headwall.Implement traffic control,trench safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
Project Name:Frisco Bible Church
Owner:Frisco Bible Church
Location/City Inspector:Frisco,TX -David Barnes,214-957-5656
Contract Amount:$73,609.00
Project Date:March 2021
Scope:Install 252LF of 30"Class III RCP with fittings,removing existing 24"RCP.Implementing trench safety and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
Project Name:SH 114 Water and Sewer Relocation
Owner:City of Southlake
Location/City Inspector:Southlake,TX -Mark Cisneros 817 -458-2064
Contract Amount:$784,223.00
Project Date:March 2021
Scope:Install approximately 463 LF of 12"Waterline by Open Cut with fittings,approximately 553 LF of 12"and 18"with fittings,
5)5'manholes with extra depth.Hydromulch 4000+square yards,topsoil in disturbed areas.Implement traffic control,trench
safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
Project Name:Albert Retail -Whispering Farms -Prosper
Owner:Albert Enterprises
Location/City Inspector:Prosper,TX -Kirk Sharp 972-754-4495
Contract Amount:$122,185.00
Project Date:December 2020
Scope:Install 125 LF of 6"Waterline by Bore with steel casing,70 LF of 1"Waterline by Open Cut with fittings,95 LF of 6"fireline
with fittings,20 LF of 6"Sanitary Sewer with 1 5ft drop manhole,45 LF of 24"RCP with fittings.Implement traffic control,trench
safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
137
Project Name:Ponder Sports Complex
Owner:Town of Ponder
Location/City Inspector:Ponder,TX -Gary Morris 940-479-2396
Contract Amount:$165,474.00
Project Date:November 2020
Scope:Install 475 LF of 6",955 LF of 12",and 90 LF of 12"by bore Waterlines with all fittings.Install 375 LF of 4"Sewer with all
fittings.Implemented trench safety,erosion control,and traffic control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
Project Name:Prairie Creek Sanitary Sewer Realignment
Owner:City of Richardson
Location/City Inspector:Richardson,TX -Paul Dungan 469-628-6506
Contract Amount:$128,292.00
Project Date:july 2020
Scope:Replace 427 LF of 8"Sewer by Open Cut,25 LF of 8"Sewer by Bore.Install 1 4ft manhole.Hydromulch approx.1200 SY.
Implement trench safety,erosion and sediment control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
Project Name:CDBG Morningside Sanitary Sewer Manhole and Main Line Replacement Project
Owner:City of Lewisville
Location/City Inspector:Lewisville,TX -David Evans 972-219-3522
Contract Amount:$543,737.25
Project Date:August 2020
Scope:Remove and Replace 885 LF of 8"Sanitary Sewer in 18"steel casing with fittings,4 48"diameter manholes.Remove and
replace 8"Sanitary Sewer by Pipe Burst Remove and replace asphalt and concrete pavement.Implemented traffic control,trench
safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
Project Name:Albert Retail Rockwall
Owner:Albert Enterprises
Location/City Inspector:Rockwall,TX -Kirk Sharp 972-754-4495
Contract Amount:$145,257.00
Project Date:July 2020
Scope:Install 260 LF of 24"Class III RCP with fittings,27 LF of 18"Class III RCP with fittings,3 10'curb inlets,200 Gallon Old
Castle Oil/Water Separator.Install 200 LF of 6"SDR 26 Sanitary Sewer with fittings,one 5'drop manhole on existing 8"Sanitary
Sewer.Implementing traffic control,trench safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:Bedford Road Waterline Relocation
Owner:City of Colleyville
Location/City Inspector:Colleyville,TX -jonathan Escamilla 817-506-1376
Contract Amount:$49,940.00
Project Date:july 2020
Scope:Install 280 LF of 8"PVC DR-18 with 120 LF of 16"Steel Casing w /SS Spacers by Bore or Open Cut.Implementing trench
safety and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
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Page 2
138
Project Name:College Street 12"Waterline
Owner:City of Princeton
Location/City Inspector:Princeton,TX -Jack Wilson 214-960-5653
Contract Amount:$440,050.00
Project Date:June 2020
Scope:Remove and Replace 1866 LF of 12"Waterline and 453 SYof 4"concrete sidewalk.Implemented traffic control,trench
safety,and erosion control
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:Main &Mill Street Sanitary Sewer Expansion
Owner:City of Lewisville
Location/City Inspector:Lewisville,TX -Hashim Rasul 214-984-0585
Contract Amount:$217,380.00
Project Date:June 2020
Scope:Remove and Replace 330 LF of 8"SDR 26 Sanitary Sewer,460 LF of 12"SDR 26 Sanitary Sewer.Install 2 6'diameter
manholes w /drop connection and 1 5'manhole on existing sanitary sewer line.Implemented traffic control,trench safety,and
erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:Albert Retail Northlake II
Owner:Town of Northlake
Location/City Inspector:Northlake,TX -Kirk Sharp 972-754-4495
Contract Amount:$213,629.00
Project Date:March 2020
Scope:Install 325 LF of 24"Class III RCPwith fittings,170 LF of 21"Class III RCP with fittings,64 LF of 18"Class III RCP with
fittings,160 LF of 12"Class III RCP with fittings,3 5'curb inlets,24"Sloping Headwall.Install 325 LF of 12"and 6"DR-18 PVCwith
fittings.400 LF of 8"and 6"SDR 35 Sanitary Sewer with fittings 2 4'manholes.Implementing traffic control,trench safety,and
erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:Sanitary Sewer Rehabilitation
Owner:City of Marlin
Location/City Inspector:Marlin,TX -Danny Hayes 936-637-6061
Contract Amount:$747,281.50
Project Date:October 2019
Scope:Installed 478 LF of 15"Sanitary Sewer (6'-8'open cut),305 LF of 15"Sanitary Sewer (8'-10'open cut),285 LF of 15"
Sanitary Sewer (wet bore),1460 LF of 12"Sanitary Sewer (0'-6'open cut),825 LF of 12"Sanitary Sewer (wet bore),reconnected 67
long and short services,installed 13 4'Manholes up to 6'deep.Implemented traffic control,trench safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:Albert Retail,Little Elm III
Owner:AE Contractors,LLC
Location/City Inspector:Little Elm
Contract Amount:$201,853.00
Project Date:September 2019
Scope:Installed 470'of 12"and 8"Waterline,300'of 6"Fireline,280'of 18"RCP.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
-------------------------------------------------_._---_._----_._------------
Page 3
139
Project Name:Albert Retail,Ennis
Owner:DA Ennis 45 Partners LP
Location/City Inspector:Ennis
Contract Amount:$927,025.00
Project Date:May 2019
Scope:Installed 1040'of 8"&6"PVC,350'of 2"WL.Installed 220'of 6"Underground Fire Line,(2)FDe.Installed 750'of 8"&6"
Sanitary Sewer,(2)4'Manholes.Installed 1540'of 18",24",&30"Class III RCP,24"Slope Headwall,Contech Detention Area,4'
Storm Drain Manhole.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:2018 Washington Street Water Project
Owner:City of Greenville
Location/City Inspector:Greenville -Jeremy Smith 903-457-2953
Contract Amount:$173,415.00
Project Date:January 2019
Scope:Installed 1100 LF of 12"PVC,Remove and Replace 1700 LF of concrete sidewalks/driveways,implemented trench safety,
traffic control,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:Water Improvements Project,TxCDBG7217009
Owner:City of Alvord
Location/City Inspector:Alvord -Nathan Dahl 940-427-5916
Contract Amount:$260,981.00
Project Date:November 2018-January 2019
Scope:Installed 1940 LF of 6"PVC,Remove and Replace 19 Water Services to Water Main,implemented trench safety,traffic
control,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:North Main and South Elm Water Line Improvements
Owner:City of Keller
Location/City Inspector:Keller -James Byerly 817 -881-9497
Contract Amount:$320,559.00
Project Date:August 2018-December 2018
Scope:Installed 1500 LF of 8"PVC,180 LF bore and grout 16"Steel Casing pipe,Connected 8 new domestic water services.
Implemented trench safety and traffic control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:Broad Street Sanitary Sewer
Owner:City of Forney
Location/City Inspector:Forney -Kyran Hayes 972-564-7351
Contract Amount:$532,604.50
Project Date:December 2017-June 2018
Scope:Installed 470 LF of 12"Sanitary Sewer,1773 LF of 8"Sanitary Sewer,Installed 12 4'Dia.Manholes with interior protective
coating.Implemented trench safety,traffic control,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
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Project Name:Wayland 12"Sanitary Sewer
Owner:City of Arlington
Location/City Inspector:Arlington -Emily A Hannon 817-459-6635
Contract Amount:$280,201.00
Project Date:May 2018-June 2018
Scope:Installed 230 LF of 12"Sanitary Sewer,230 LF of 12"PVCSS,installed 3 5'sewer manholes.Implemented traffic control,
trench safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:Jorge Reyes,469-951-5977
Project Name:East System Air Valve Improvements
Owner:North Texas Municipal Water District
Location/City Inspector:Various Locations,johnny Boles 972-689-9598
Contract Amount:$1,711,020.00
Project Date:june 2017-March 2018
Scope:Replace 60+Air Valves into Type A and B Manholes.Implemented traffic control,trench safety,and erosion control.
Project Manager:Shay Fanning,214-808-0506
Project Superintendent:jorge Reyes,469-951-5977
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Corporate Qualifications Statement -Canary Construction,Inc.
Introduction
Canary Construction,Inc.is an underground utilities company specializing in the installation,
maintenance,and rehabilitation of water mains,sanitary sewer lines,and storm drains.Canary
Construction was founded in March 2001 by Wayne Borstad,is headquartered in Lewisville,TX,
and services the general North Texas region.Our customer base includes governments,public
districts,and private contractors.
Company Profile
•20 consecutive years delivering superior underground utility service
•Excellent safety record
•Experienced foreman,crews,and professional staff of 30 employees
•Well maintained fleet of construction equipment
•Bonded
•Solid financial status
•Credible references
•Successful history of completing projects within preferred time and budget constraints
Staff
Wayne Borstad,President -Wayne has over 30 years in the underground utilities industry serving
most of his tenure as a foreman,superintendent,and company president.Wayne founded Canary
Construction in 2001 where he advanced his industry knowledge as a company executive and
underground utilities professional.
Shay Fanning,Project Manager -Shay is involved with the project management,bidding,and
financial operations of Canary Construction.He is currently in his fourth year with Canary
Construction.Prior to entering the underground utilities industry,Shay worked in the educational
field.
Jorge Reyes,Superintendent -Jorge supervises the foreman and crews of Canary Construction
and communicates with the project inspectors to ensure a timely,accurate,and safe completion
of current and on-going projects.Jorge is bi-lingual and has several decades of experience in the
underground utilities industry.Jorge is adept at understanding and implementing what is required
from the engineer's plans and inspector's instructions.
Tina Thorne,Office Administrator -Tina is responsible for the front office operations and accounts
payable /receivable at Canary Construction.Tina has over seven years of experience managing
financial books and inventory as well as communicating with customers,vendors,and employees.
She is a valuable asset to Canary Construction and our business partners.
Canary Construction,Inc.
802 N.Kealy Ave.,#101,Lewisville,TX 75057
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Wayne L.Borstad
523 Greenwich Ln,Coppell,TX 750191214-549-87381 wayne@canaryconstruction,com
Education
HS DIPLOMA I MADISON,MN HS
,High School Diploma
Experience
OWNER OPERATOR 1 CANARY CONSTRUCTION,INC.1 2001-PRESENT
FOREMAN I BARSON UTILITIES,INC.11999-2001
•Ron Barson,214-384-4513
FOREMAN 1JOHN BURNS CONSTRUCTION OF TEXAS 11992-1999
•Mike Borstad,214-226-9671
FOREMAN I KENCO INC.1 1989-1992
•Roger Schwartz,909-798-6133
PIPE LAYER 1HENCHES &SONS,INC.1 SUMMER 1986
•Steve Henches,612-492-5700
PIPE LAYER 1LAMETTI &SONS,INC.1 SUMMERS 1987 &1988
•Guy Larson,612-426-1143
FOREMAN 1BARSON UTILITES,INC.1WINTERS 1986-1989
FOREMAN 1JOHN BURNS CONSTRUCTION OF TEXAS 11984-1986
TUNNELING,LEAD MAN,PIPE LAYER I JOHNSON BROTHERS,INC.I 1981-1983
•Don Haukos,605-949-3087
LABORER I LAMETTI &SONS,INC.11980-1981
Continuing Education/Certifications
How to Start and Manage a Small Business,North Lake College,Irving,TX
Environmental Training,Associate's -40 Hour Waste Site Operations Course
Environmental Training,Associate's -8 Hour Supervisory Course
Federal OSHAExcavation Certifications -Including Competent Person
First Aid Training
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214/808-0506
shay@canaryconstruction.com
Professional Profile
For the last 15 years I've coached &taught in public schools,previous to that I ran my own
personal training business for 8 years after I graduated UNT with a BS.
•Leadership
•Professional Communication
•Collaboration
•Facilitating Large Groups
•Interaction with Diverse Populations
•Advanced Technology Training
•Adaptation in a Dynamic
Environment
•Team Oriented Success
•Interpersonal Relationships
Professional Accomplishments
Coaching
•Football-10 playoff appearances in 15 years
•Wrestling-10 regional qualifiers as head coach in 3 years
•Track &Field-3 regional qualifiers &1 state qualifier
•Powerlifting-10 regional qualifiers &1 state qualifier
Teaching
•Certified Life Sciences
•Certified Social Studies Composite
•Certified PE
Work History
Project Manager Canary Construction,Inc Feb 2017-Current
Lewisville,Tx
Project Manager Ward Construction Services,Nov 2016-Feb 2017
Mansfield,Tx
Teacher/Coach Red Oak ISO 2016-2002
Arlington ISO
Quinlan ISO
Grapevine-Colleyville ISO
Irving ISO
Self Employed Dallas,TX 1995-2002
Strength
Coach/Personal
Trainer
Education
Bachelor of Science Univ.of North Texas,Denton,TX December 1994
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Jorge Reyes
255 W.St.Claire,Irving,TX 750611469-951-59771 jorge@canaryconstruction.com
Objective
I want to use my many years of experience to carry out my tasks with efficiency,professionalism,and cost
effectiveness.
Education
us DIPLOMA I EL SALVADOR
·High School Diploma
Skills &Abilities
Pipe Laying
Concrete Work
Excavation
Storm Drains
Sanitary Sewer
Utility Work
Experience
SUPERINDENTENT I CANARY CONSTRUCTION 12014-PRESENT
Monitor daily work being done by company Foremen
Oversee multiple jobs at a time
Schedule supplies and materials deliveries daily
Coordinate with Project Manager to ensure deadlines are being met
FOREMAN I CANARY CONSTRUCTION I 2008-2014
Supervised my work crew daily
·Insure daily goals were met with Superintendent
FOREMAN I JT DERSNER I 2002-2008
Supervised my work crew daily
·Insure daily goals were met with Superintendent
Certifications
OSHA
First Aid
Operator
Traffic Control
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Future Agenda Items
November 11, 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
the May 2022 Election
Revised by: L. Vacek
November 8, 2021
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