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Agenda Packet TC 12/16/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, December 16, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2013-773-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 16, 2013. 2.2013-774-T Discussion of proposed agenda items for the January 6, 2014 Regular Session Agenda. January 6 Draft Agenda.pdfAttachments: 3.2013-812-T Discussion of baseball and future youth sports association agreements. Youth baseall agreement.pdfAttachments: CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Town Council Page 1 of 104 Meeting Date: Monday, December 16, 2013 December 16, 2013Town Council Meeting Agenda 4.2013-775-T Consider and take appropriate action regarding the Minutes dated November 18, 2013. TC Minutes 11-18-2013.pdfAttachments: 5.2013-776-T Consider and take appropriate action regarding the Denton County Interlocal Cooperation Agreement for Ambulance Services. staff report - Interlocal Cooperation Agreement for Ambulance Services with Denton County.pdf Interlocal Cooperation Agreement for Ambulance Services with Denton County.pdf Attachments: 6.2013-811-T Consider and approve the absence of Council Member Schroeder from the following Town Council meeting for work-related travel: * December 16, 2013 REGULAR SESSION 7.2013-813-T Presentation and discussion of update on Blue Ribbon Panel. 8.2013-778-T Consider and take appropriate action regarding a request for approval of a Preliminary Plat, Final Plat, and Subdivider’s Agreement for Trophy Club Village Centre located in the J. Henry Survey, Abstract 529, having 2 lots and being 2.532 acres of land. The applicant is ClayMoore Engineering, Inc. represented by Matt Moore, on behalf of Trophy Club Village Centre, represented by Rian Maguire. A separate motion is needed for each of the following: A. Preliminary Plat B. Final Plat C. Developer's Agreement 9.2013-815-T Consider and take appropriate action regarding a request for approval of a Site Plan for Lot 1, Block B, Trophy Club Village Centre. The applicant is ClayMoore Engineering, Inc., on behalf of Trophy Club Village Centre, represented by Rian Maguire. 10.2013-781-T Consider and take appropriate action regarding a Resolution amending Resolution No. 2013-22 and No. 2013-30 appointing Town resident to serve on various Boards, Commissions and Corporations in order to appoint residents to fill a vacancy on the Citizens Financial Advisory Board; and providing an effective date. staff report - CFAB Appointment.pdf Alex Palazzolo CFAB App.pdf Sarah Card CFAB Application.pdf RES 2013-34 amending RES 2013-30 CFAB Appointment.pdf Attachments: 11.2013-782-T Consider and take appropriate action regarding a Comprehensive Debt Management Policy. staff report - debt management policy.pdf TOWN OF TROPHY CLUB - Debt Management Policy.pdf Attachments: Town Council Page 2 of 104 Meeting Date: Monday, December 16, 2013 December 16, 2013Town Council Meeting Agenda 12.2013-783-T Consider and take appropriate action regarding revisions to the Town Procurement Policies and Procedures. staff report - procurement policies and procedures.pdf TOWN OF TROPHY CLUB - Procurement Policies and procedures.pdf Attachments: 13.2013-790-T Consider and take appropriate action regarding a Fourth Modification of the Agreement between the Town and Allied Waste for solid waste collection and recycling transportation and disposal services; and authorizing the Mayor or her designee to execute all necessary documents. staff report - Allied Waste Agreement & Tonnage Report.pdf Fourth Modification 2013 accepted.pdf Exhibit A.pdf Rate Comparison - Trophy Club.pdf 2014 Rate Sheet.pdf Attachments: 14.2013-791-T Consider and take appropriate action regarding financial and variance report dated November 2013. November 2013 Financial Report.pdfAttachments: 15.2013-792-T Town Council Liaison Updates; discussion of same: * Parks & Recreation Board * Blue Ribbon Panel - Finance Subcommittee * Blue Ribbon Panel - Governance Subcommittee 16.2013-793-T Town Manager Slye's update regarding the following; discussion of same. * Ice Storm Update * Community Development Updates - Holiday Inn - High School Bridge - Fresh Meadow/Timber Ridge Drainage Project * LEED Tour of new Denco Facility * PID Committee Meeting Update * Toys for Tots Update * Council Retreat 17.2013-794-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Northwest Community Partners Meeting * LDS tour of the new Trophy Club Meetinghouse * Chamber Luncheon * Metroport * North Texas Commission * Lakeview Elementary Open House * TML Newly Elected Officials Conference (CM Lamont & CM Shoffner) 18.2013-795-T Items for Future Agendas. Town Council Future Agenda Items List.pdfAttachments: Town Council Page 3 of 104 Meeting Date: Monday, December 16, 2013 December 16, 2013Town Council Meeting Agenda EXECUTIVE SESSION 19.2013-809-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). “Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; communications with TCEQ; Town assets and related matters. (B) Texas Government Code Section 551.071(2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Sites for Police Facility RECONVENE INTO REGULAR SESSION 20.2013-810-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 4 of 104 Meeting Date: Monday, December 16, 2013 December 16, 2013Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, December 13, 2013 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Tammy Ard 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 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2013. ________________________________, Title: ___________________________ Town Council Page 5 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-773-T Name: Status:Type:Agenda Item Workshop File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 16, 2013. Attachments: Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 16, 2013. Town Council Page 6 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-774-T Name: Status:Type:Agenda Item Workshop File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Discussion of proposed agenda items for the January 6, 2014 Regular Session Agenda. Attachments:January 6 Draft Agenda.pdf Action ByDate Action ResultVer. Discussion of proposed agenda items for the January 6, 2014 Regular Session Agenda. Town Council Page 7 of 104 Meeting Date: Monday, December 16, 2013 Meeting Date 1/6/2014 File ID Dept Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 6, 2014.Town Sec Discussion of proposed agenda items for the January 20, 2014 Regular Session Agenda.Town Sec Consider and take appropriate action regarding the Minutes dated December 16, 2013.Town Sec Consider and take appropriate action regarding Minutes dated October 23, 2013 Special called Town Council Meeting and Joint Meeting with Trophy Club MUD No. 1 Subdivider’s Agreement for Consent Agenda – changing name from Midtown Development to Drees. (moved from 11/4/2013 agenda)2013-693-T CD MUD ILA 2013-788-T MTS Consider and take appropriate action regarding an Ordinance amending the Town's Schedule of Fees for field fees. 2013-780-T Parks Town Sec Consider and take appropriate action regarding the Executive Session.Town Sec Workshop Consent Regular Session Executive Session Town Council Page 8 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-812-T Name: Status:Type:Agenda Item Workshop File created:In control:12/13/2013 Town Council On agenda:Final action:12/16/2013 Title:Discussion of baseball and future youth sports association agreements. Attachments:Youth baseall agreement.pdf Action ByDate Action ResultVer. Discussion of baseball and future youth sports association agreements. Town Council Page 9 of 104 Meeting Date: Monday, December 16, 2013 T o w n C o u n c i l P a g e 1 0 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 1 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 2 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 3 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 4 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 5 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 6 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 7 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 8 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 1 9 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 2 0 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-775-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding the Minutes dated November 18, 2013. Attachments:TC Minutes 11-18-2013.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated November 18, 2013. Town Council Page 21 of 104 Meeting Date: Monday, December 16, 2013 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 18, 2013 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, November 18, 2013. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem, Place 2 Greg Lamont Council Member, Place 5 Danny Mayer Council Member, Place 4 Bill Rose Council Member, Place 1 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Clint Schroeder Council Member, Place 3 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Danny Thomas Fire Chief Scott Kniffen Police Chief Steven Glickman Finance Director Carolyn Huggins Community Development Director Mayor White announced the date of Monday, November 18, 2013, called the Town Council to order and announced a quorum at 6:04 p.m. WORKSHOP SESSION 1. Presentation of proposed revisions to Town Sign Ordinance relative to ball field sponsorship signage, real estate signage and political signage; discussion of same. The Sign Ordinance is currently under review by staff and the Planning & Zoning Commission will be examining the ordinance and bringing a recommendation to Council soon. Signs currently under consideration include allowing ‘ball field signage’, altering the current ‘real estate sign’ allowances and working on the ‘political signs’ section of the ordinance. Council requested that staff research several issues and bring back examples from other municipalities. 2. Discussion regarding options for renewal of the Town's contract with Allied Waste for solid waste and recycling collection. The current market conditions are favorable to examine the trash/recycling collection method used in Trophy Club and possible alternatives. Council indicated that, although the market conditions were good, they were not in Town Council Page 22 of 104 Meeting Date: Monday, December 16, 2013 November 18, 2013 Minutes Page 2 of 6 favor of changing the level of service to include any form of carts (trash or recycle). Pricing for a 5-year extension to the existing contract, however, is very favorable and Council would like to consider that option that does not include any form of poly carts. 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 18, 2013. 4. Discussion of proposed agenda items for the December 16, 2013 Regular Session Agenda. Updated proposed agenda provided at the Dais. CONVENE INTO REGULAR SESSION - START TIME – 7:20 P.M. The Invocation was offered by Mayor Pro Tem Tiffany. The Pledges were led by Council Member Mayer. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Pat Keefer, 216 Fresh Meadow Drive addressed the Council regarding her experience with Allied and that she believes they do a good job. Asks that Council look at superior technology options when considering the next contract. Jim Parrow, 8 Brookfield Court, addressed the Council regarding the logo survey. Requested Council add keeping the existing logo to the survey as an option in addition to the current options. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 5. Consider and take appropriate action regarding the Minutes dated November 4, 2013. Corrected minutes provided at the Dais. Motion made by Council Member Rose, seconded by Council Member Mayer, to approve the minutes as corrected at the Dais. Motion passed unanimously. REGULAR SESSION 6. Recognition of Life Saving Award by Fire Chief Danny Thomas and Police Chief Scott Kniffen and presentation of award to personnel. Recognition of Life Saving Award to Trophy Club Firefighter/Paramedics Sam Johnson, Steve Rusk and Cy Conditt, Fire Lieutenant Donnie Hurd, and Engineer Greg Boos Police Sergeant Wess Tyler, Officer Wade Montgomery, and Officer Dale Ramirez. Town Council Page 23 of 104 Meeting Date: Monday, December 16, 2013 November 18, 2013 Minutes Page 3 of 6 7. Presentation and recognition of Community Development Staff for work during the development process for the Highlands at Trophy Club; discussion of same. Mayor White provided an overview of the Public Improvement District (PID) development success known as The Highlands at Trophy Club. Recognition of the following staff, developers, consultants and residents responsible for making the Highlands of Trophy Club a reality by their contribution and hard work: • Mehrdad Moayedi, Steve Lenart and Lance Proctor of Centurion • Community Development – Carolyn Huggins, Pat Cooke, Tommy Uzee, Ron Powell, Robbie Killingsworth • Plan Review – these comprehensive plan reviews could not have happened without the diligent assistance of our Town Engineer – Tom Rutledge, Fire Chief Danny Thomas, and our Police Chief Scott Kniffen. The MUD management team plan review – specifically Jennifer McKnight, Adrian Womack and Mike McMahon • Inspections and Construction - Ed Helton, David Oliver and the entire Street Department crew as well as the field crews of the MUD’s Water and Wastewater departments. • The Admin and Management… Stephen Seidel overseeing the town’s development process, Patricia Adams reviewing every subdivision agreement and easement, and Tammy Ard and Carolyn Huggins pulling all of the required documentation together for P&Z’s review and Town Council’s approval. 8. Consider and take appropriate action regarding an Ordinance of the Town canvassing the returns and declaring the results of the Special Election held on November 5, 2013, as such returns relate to the election of one (1) Council Member to Place No. 6 on the Trophy Club Town Council; providing for the confirmation of vote tabulations; identifying the Official elected and term of office; authorizing the issuance of certificate of election and issuance of canvass of special election; and providing an effective date. Motion made by Council Member Rose, seconded by Council Member Mayer, to approve Ordinance 2013-41 Canvassing returns of the November 5, 2013 Special Election. Motion passed unanimously. 9. Oath of Office to be administered by Municipal Court Judge, Mark Chambers, and presentation of Certificates of election from Judge Chambers to incoming Council Member, Philip Shoffner. Judge Mark Chambers administered the Oath of Office and Statement of Appointed Office. Mayor White presented incoming Council Member Philip Shoffner with a Certificate of Election. 10. Remarks to and from incoming Council Member Philip Shoffner. Council Member Philip Shoffner addressed the citizens and Council. Town Council welcomed incoming Council Member Philip Shoffner. 11. Consider and take appropriate action regarding the award of a contract for architectural design and construction services for the police department building to GSBS Architects; and authorizing the Mayor or her designee to execute all necessary documents. Susan Edstrom, 269 Oak Hill Drive, addressed the Council regarding no animal shelter being included in the new police station design; would like some cat kennels and adequate space for the ACO. Town Council Page 24 of 104 Meeting Date: Monday, December 16, 2013 November 18, 2013 Minutes Page 4 of 6 Peggy Sweeney, 51 Meadowbrook Lane, addressed the Council requesting the plans for the police department include a humane animal shelter or a humane animal shelter is established. GSBS Architects has completed their facility study and the next step in the process is to begin designing a police station. The approximate cost for the design services is $297,000 (based on $275 per square foot), plus $30,000 for a LEED certification. Council discussed the issues regarding the LEED certification and requested that staff research this further. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to award a contract for architectural design and construction services for the police department building to include an animal shelter to GSBS Architects in the amount of $327,000 and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council Member Mayer to move that we remove the animal shelter from the motion seconded by Mayor Pro Tem Tiffany. Amendment carried 4-2-0 with Council Member Rose, Council Member Mayer, Mayor Pro Tem Tiffany Mayor White voting for and Council Member Lamont & Council Member Shoffner voting against. Amended motion carried 5-1-0 with Council Member Rose, Council Member Mayer, Council Member Shoffner, Mayor Pro Tem Tiffany Mayor White voting for and Council Member Lamont voting against. 12. Consider and take appropriate action regarding the contract between the Town and McCreary, Veselka, Bragg and Allen, P.C. for Collection of Delinquent Municipal Court Fines and Fees; and authorizing the Town Manager or his designee to execute a notice of termination and all other necessary documents. The current contract expires December 6, 2013. The Town has an excessive amount of outstanding warrants and unpaid fees and fines on the books and the town is looking to make a more aggressive change to delinquent collections. If approved, staff will research local firms and bring forth a recommendation to Council. Motion made by Council Member Rose, seconded by Council Member Shoffner, to approve authorizing the Town Manager to move to terminate the contract between the Town and McCreary, Veselka, Bragg and Allen, P.C. for Collection of Delinquent Municipal Court Fines and Fees and execution to authorize that action and all other necessary documents incorporated with that action. Motion passed unanimously. 13. Consider and take appropriate action regarding an Ordinance of the Town amending Subsection 1.20(A)(1), “License Required” of Article I, “Animals” of Chapter 2, “Animal Control” of the Code of Ordinances and repealing Subsection “A” of Section 8.06, “Animal Control” of Article VIII, "Schedule of Fees” of Chapter 1, “Administration” relative to the registration of pets within the Town and the associated registration fee ; and providing an effective date. State law already mandates that pets are vaccinated and tagged as such, and it was suggested that instead of pet registration with the Town, that the Town require the pets have an ID tag with owner contact information. Susan Edstrom, 269 Oak Hill Drive, addressed the Council requesting that this item be sent to the Animal Shelter Advisory Board for review and recommendation. Peggy Sweeney, 51 Meadowbrook Lane, addressed the Council would like this item tabled and sent to the Animal Shelter Advisory Board for review and recommendation. Town Council Page 25 of 104 Meeting Date: Monday, December 16, 2013 November 18, 2013 Minutes Page 5 of 6 Motion made by Council Member Rose, seconded by Council Member Mayer, to refer this issue to the Animal Shelter Advisory Board to provide recommendation regarding animal registration, licenses and tags. Motion passed unanimously. 14. Consider and take appropriate action regarding financial and variance report dated October 2013. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve the financial and variance report dated October 2013. Motion passed unanimously. 15. Town Council Liaison Updates; discussion of same: - Park Board Park Board – did not meet due to lack of quorum No action taken. 16. Town Manager Slye's update regarding the following; discussion of same. - Logo Update - the logo survey is currently live through November 27; the Town will accept logo concepts from the community though Nov 28 - Open Records Request Report - Blue Ribbon Panel Town Manager Slye updated the Council and addressed questions; no action taken, update only. 17. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Council Committee for Legislative Office Interactions - TCEVA Holiday Toy and Food Drive - NCP Meeting - Tarrant County Women in Government Luncheon - Urban Shield - Taste of Northeast - Veterans Day event at Byron Nelson High School Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 18. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Items removed from 'Town Council Future Agenda Items List' as a result of agenda items on the November 18th agenda: - Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows, political signs and ball park signage). (White and Cantrell 5/2/ 2011) Town Council Page 26 of 104 Meeting Date: Monday, December 16, 2013 November 18, 2013 Minutes Page 6 of 6 - Repeal of the ordinance requiring the registering of pets with TCPD. (Mayer 9/9/2013) - An ordinance requiring that all pets must have and wear current rabies tag and owner's contact information. (Mayer 9/9/2013) Town Council added the following tto future agenda items: - Consider and take appropriate action to relocate the animal shelter. Town Manager Slye requested we remove: #6 Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder 8/20/2012) EXECUTIVE SESSION 19. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). “Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. CONVENE INTO EXECUTIVE SESSION - START TIME – 9:45 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 10:42 P.M. RECONVENE INTO REGULAR SESSION 20. Consider and take appropriate action regarding the Executive Session. No action taken. ADJOURN Motion made by Council Member Bill Rose, seconded by Council Member Danny Mayer, to adjourn. Motion carried unanimously. Meeting adjourned at 10:43 pm. ___________________________________ ___________________________________ Tammy Ard, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 27 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-776-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding the Denton County Interlocal Cooperation Agreement for Ambulance Services. Attachments:staff report - Interlocal Cooperation Agreement for Ambulance Services with Denton County.pdf Interlocal Cooperation Agreement for Ambulance Services with Denton County.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Denton County Interlocal Cooperation Agreement for Ambulance Services. Town Council Page 28 of 104 Meeting Date: Monday, December 16, 2013 Town of Trophy Club To: Mayor and Town Council From: Danny Thomas, Fire Chief CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Town Council Meeting 12/16/13 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding the Denton County Interlocal Cooperation Agreement for Ambulance Services. Explanation: Annual Interlocal cooperation agreement with Denton County on Ambulance service for unincorporated Denton County. Attachments: Interlocal Cooperation Agreement for Ambulance Services with Denton County Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Town Council Page 29 of 104 Meeting Date: Monday, December 16, 2013 Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends approval of Interlocal Cooperation Agreement for Ambulance Services with Denton County. Town Council Page 30 of 104 Meeting Date: Monday, December 16, 2013 THE COUNTY OF DENTON § § TOWN OF TROPHY CLUB § AMBULANCE SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2013, is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Town of Trophy Club, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the Town of Trophy Club; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related servIces IS a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and 2013-2014 Interlocal Cooperation Agreement-Ambulance Servicesrrrophy Club-Page I of8 Town Council Page 31 of 104 Meeting Date: Monday, December 16, 2013 NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2013, and ending on September 30,2014. II. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sic~ wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. "Rural area" means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of Town of Trophy Club in circumstances of emergency, but which services will now be extended to all citizens of the 2013-2014 Interlocal Cooperation Agreement-Ambulance ServiceslTrophy Club - Page 2 of8 Town Council Page 32 of 104 Meeting Date: Monday, December 16, 2013 COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $5,554.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .5046 per capita; said sum computes to $4,743.53. 2. A fixed sum of $249.3075 per ambulance transport. There were no transports made by the AGENCY in fiscal year 2013. 3. A fixed sum based on 1.19 rural miles in the agreed operating territory; said sum computes to $811.00. 2013-2014 Interlocal Cooperation Agreement-Ambulance Servicesrrrophy Club- Page 3 of8 Town Council Page 33 of 104 Meeting Date: Monday, December 16, 2013 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an "ambulance call" for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissionsand negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to Page4of82013-20141nterlocal Cooperation Agreement-Ambulance Servicesffrophy Club­ Town Council Page 34 of 104 Meeting Date: Monday, December 16, 2013 the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be tenninated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to tenninate this Agreement due to the default. Unless the default is cured, this Agreement shall tenninate. XI. TERMINATION This Agreement may be tenninated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of tennination by either party, the AGENCY shall be compensated pro rata for all services perfonned to tennination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services perfonned to the tennination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the perfonnance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent pennitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 2013-20141nterlocal Cooperation Agreement-Ambulance Servicesrrrophy Club-Page 5 of8 Town Council Page 35 of 104 Meeting Date: Monday, December 16, 2013 XIII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oraL This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY: AGENCY: Denton County, Texas 110 West Hickory Street, 2 nd Floor Town of Trophy Club 100 Municipal Drive Denton, Texas 76201 Trophy Club, Texas 76262 By:___________ By:___________ Name ______________________Mary Horn Title _____________________Denton County Judge Page60fS2013-2014 Interlocal Cooperation Agreement-Ambulance Servicesrrrophy Club­ Town Council Page 36 of 104 Meeting Date: Monday, December 16, 2013 ----------------------- Acting on behalf of and by Acting on behalf of and by the the authority of Denton County authority of the The Town of Trophy Club Commissioners Court of Denton, Texas DATED: DATED:____________________ ATTEST: APPROVED AS TO CONTENT: By:___________ By: ________________ Denton County Clerk Denton County Fire Marshal APPROVED AS TO FORM: By:_________________ Assistant District Attorney AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $_________to accomplish and pay the obligation of Denton County under this Agreement. James Wells, Denton County Auditor Page 7 of820\3.2014 Interlocal Cooperation Agreement.Ambulance ServicesfTrophy Club· Town Council Page 37 of 104 Meeting Date: Monday, December 16, 2013 2013-2014 Interlocal Cooperation Agreement-Ambulance Servicesrrrophy Club-Page 8 of8 Town Council Page 38 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-811-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:12/12/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and approve the absence of Council Member Schroeder from the following Town Council meeting for work-related travel: * December 16, 2013 Attachments: Action ByDate Action ResultVer. Consider and approve the absence of Council Member Schroeder from the following Town Council meeting for work- related travel: * December 16, 2013 Town Council Page 39 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-813-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/13/2013 Town Council On agenda:Final action:12/16/2013 Title:Presentation and discussion of update on Blue Ribbon Panel. Attachments: Action ByDate Action ResultVer. Presentation and discussion of update on Blue Ribbon Panel. Town Council Page 40 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-778-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding a request for approval of a Preliminary Plat, Final Plat, and Subdivider’s Agreement for Trophy Club Village Centre located in the J. Henry Survey, Abstract 529, having 2 lots and being 2.532 acres of land. The applicant is ClayMoore Engineering, Inc. represented by Matt Moore, on behalf of Trophy Club Village Centre, represented by Rian Maguire. A separate motion is needed for each of the following: A. Preliminary Plat B. Final Plat C. Developer's Agreement Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding a request for approval of a Preliminary Plat, Final Plat, and Subdivider’s Agreement for Trophy Club Village Centre located in the J. Henry Survey, Abstract 529, having 2 lots and being 2.532 acres of land. Theapplicant is ClayMoore Engineering, Inc. represented by Matt Moore, on behalf of Trophy Club Village Centre, represented by Rian Maguire. A separate motion is needed for each of the following: A. Preliminary Plat B. Final Plat C. Developer's Agreement Town Council Page 41 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-815-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/13/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding a request for approval of a Site Plan for Lot 1, Block B, Trophy Club Village Centre. The applicant is ClayMoore Engineering, Inc., on behalf of Trophy Club Village Centre, represented by Rian Maguire. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding a request for approval of a Site Plan for Lot 1, Block B, Trophy Club Village Centre. The applicant is ClayMoore Engineering, Inc., on behalf of Trophy Club Village Centre, represented by Rian Maguire. Town Council Page 42 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-781-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding a Resolution amending Resolution No. 2013-22 and No. 2013-30 appointing Town resident to serve on various Boards, Commissions and Corporations in order to appoint residents to fill a vacancy on the Citizens Financial Advisory Board; and providing an effective date. Attachments:staff report - CFAB Appointment.pdf Alex Palazzolo CFAB App.pdf Sarah Card CFAB Application.pdf RES 2013-34 amending RES 2013-30 CFAB Appointment.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution amending Resolution No. 2013-22 and No. 2013-30 appointing Town resident to serve on various Boards, Commissions and Corporations in order to appoint residents to fill a vacancy on the Citizens Financial Advisory Board; and providing an effective date. Town Council Page 43 of 104 Meeting Date: Monday, December 16, 2013 Town of Trophy Club To: Mayor and Town Council From: Steven Glickman, Finance Director CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Town Council Meeting December 16, 2013 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action to appoint a Citizen Financial Advisory Board (CFAB) member for the vacant position. Explanation: One appointment is needed for the Citizen Financial Advisory Board due to Dana Kizer resigning and not seeking reappointment, terms expired 9/30/2013. The Board met on November 25, 2013 and interviewed applicants Sarah Card & Alex Palazzolo to fill the vacant position. Attachments: Sarah Card CFAB Application Alex Palazzolo CFAB Application Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Town Council Page 44 of 104 Meeting Date: Monday, December 16, 2013 Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: The Board recommends the appointment of Alex Palazzolo to fill the vacant Position. Town Council Page 45 of 104 Meeting Date: Monday, December 16, 2013 T o w n C o u n c i l P a g e 4 6 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 4 7 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 4 8 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 4 9 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 5 0 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 T o w n C o u n c i l P a g e 5 1 o f 1 0 4 M e e t i n g D a t e : M o n d a y , D e c e m b e r 1 6 , 2 0 1 3 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2013-34 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2013-22 AND RESOLUTION NO. 2013-30 APPOINTING CITIZENS TO BOARDS, COMMISSIONS AND CORPORATIONS IN ORDER TO FILL VACANCIES AND TO REAFFIRM EXISTING APPOINTMENTS; PROVIDING FOR THE APPOINTMENT OF CITIZEN VOLUNTEERS TO SERVE ON THE CITIZENS FINANCIAL ADVISORY BOARD AND DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, On September 23, 2013, the Town Council adopted Resolution No 2013-22 appointing residents to serve on various Town Board, Commissions and Corporations for the 2013-2014 fiscal year and reaffirming the appointments of other previously appointed residents, but some vacancies remained; and WHEREAS, on October 21, 2013, the Town Council adopted Resolution No. 2013-30 amending Resolution No. 2013-22 to appoint residents to serve on various Town Board, Commission and Corporations and reaffirming the appointments of other previously appointed residents, but some board seats remained vacant; and WHEREAS, since the adoption of Resolution No. 2013-22 and Resolution No. 2013-30, the Town has obtained additional volunteers and desires to make appointments as set forth herein; and WHEREAS, by passage of this Resolution, the Town Council hereby amends Resolution No. 2013-22 and Resolution No. 2013-30 as set forth herein and reaffirms current appointments as specifically provided below: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby amends Resolution No. 2013-22 and Resolution No. 2013-30 to appoint and reaffirm as applicable, the following individuals Town Council Page 52 of 104 Meeting Date: Monday, December 16, 2013 to serve on Boards, Commissions and Corporations with respective terms of service ending on September 30 of the year specified below for each individual: Citizen Financial Advisory Board 1. Mike Buck (2016) 4. Neil Justice (2014) 2. Alex Palazzolo (2016) 5. Kathy Carlton (2015) 3. Jim Hase (2014) Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 16th day of December, 2013 Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 53 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-782-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding a Comprehensive Debt Management Policy. Attachments:staff report - debt management policy.pdf TOWN OF TROPHY CLUB - Debt Management Policy.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Comprehensive Debt Management Policy. Town Council Page 54 of 104 Meeting Date: Monday, December 16, 2013 Town of Trophy Club To: Mayor and Town Council From: Steven Glickman, Finance Director CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Town Council Meeting December 16, 2013 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action on a Comprehensive Debt Management Policy. Explanation: The Citizen Financial Advisory Board (CFAB) met on November 25th, 2013 and reviewed a proposed Debt Management Policy prepared at their request by the Town Finance Director. The purpose of a Debt Management Policy is to provide parameters for which Debt is issued, refinanced, and serviced. The policy also limits the amount of debt the Town may issue, which helps ensure financial stability. Additionally, a Debt Management Policy is looked upon favorably by bond rating agencies. Attachments: Town of Trophy Club – Debt Management Policy Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Town Council Page 55 of 104 Meeting Date: Monday, December 16, 2013 Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: The Board unanimously recommends the approval of the attached Debt Management Policy. Town Council Page 56 of 104 Meeting Date: Monday, December 16, 2013 TOWN OF TROPHY CLUB DEBT MANAGEMENT POLICIES AND PROCEDURES Purpose The purpose of the Town’s Debt Management Policy is to provide the parameters for issuance and management of debt to construct or acquire major capital assets. The policies and procedures outlined herein are intended to comply with the Town of Trophy Club’s Mission and federal and state statutory requirements. Policy • Debt financing, including general obligation bonds, certificates of obligation, revenue bonds, lease/purchase agreements or any other obligation allowed under Texas law may be used to construct or acquire major capital assets that cannot be funded with current reserves. • The maximum allowable debt term shall not exceed twenty-five (25) years. • Debt shall not be issued and used to fund current operating expenditures. • The Town shall adopt a Capital Improvement Program during each budget cycle that spans a minimum of five (5) years. The Program shall recommend specific funding sources for each project in year one (1) and proposed funding sources for years two (2) through five (5). • Principal payments shall commence no later than the fifth year after a bond sale. • The Town shall ensure full disclosure of operations to the bond rating agencies and other depositories of financial information as required by Security and Exchange Commission (SEC) Rule 15c2-12, specifically, the Texas Municipal Advisory Council (State Information Depository). The Town Finance Department shall be responsible for the preparation of all disclosure documents and releases required by Rule 15c2-12. • The Town shall adhere to reporting requirements under Internal Revenue Code Section 148 - Arbitrage Regulations for all tax-exempt debt issued. If an arbitrage liability is found to exist it shall be recorded in the Town’s financial statements. Town Council Page 57 of 104 Meeting Date: Monday, December 16, 2013 • The Town shall obtain debt ratings from a minimum of one nationally-recognized bond-rating agency on all issues sold in public markets. The Town shall furnish required information to the rating agency once every two years to maintain ratings on debt outstanding. • The Town uses a competitive bidding process in the sale of bonds unless the nature of the issue warrants a negotiated bid, or the Council in its discretion determines that a negotiated bid provides a greater benefit to the Town. In situations where a competitive bidding process is not elected, the Town shall present the reasons why it has elected that option, and the Town shall actively participate with the financial advisor in the selection of the underwriter or direct purchaser. • Staff shall explore alternatives to the issuance of debt for capital acquisitions and construction projects. These alternatives shall include, but shall not be limited to: 1) grants in aid, 2) use of reserves, 3) use of current revenues, 4) contributions from developers and others, 5) leases, and/or 6) impact fees. • Reimbursement resolutions may be used as a cash management tool for debt funded projects. Reimbursement resolutions may be used for any project that has been approved in the Town’s Capital Improvement Program and may be used for other projects if the projects are revenue supported or funded within the departments’ operating budget. • If the Town is considering the use a derivative product for debt management, the Town shall first prepare an analysis of the risks and potential rewards of the product before selecting the structure. The Town’s Bond Counsel shall opine that the Town is authorized to enter into the necessary agreements under all existing statutes prior to the Town taking formal action to proceed. • The Town shall consider an advance or current refunding of outstanding debt only if present value savings over the economic life of the debt exceeds 2.5%, unless a debt restructuring or bond covenant revisions are necessary. • The Town’s interest and sinking (I&S) tax rate shall at no point exceed $0.20 per $100 valuation. • The Town’s ratio of net debt (total outstanding tax-supported debt less debt service fund balance) to total taxable assessed valuation shall not exceed 3.5% Town Council Page 58 of 104 Meeting Date: Monday, December 16, 2013 (excluding overlapping debt). All bond issuance shall be structured to maintain a debt-to-assessed ratio of 3.5% or less. • The ratio of debt service expenditures to total expenditures (General Fund operating expenditures and debt service combined) shall not exceed 35%. • Prior to any debt issuance, the Finance Department shall analyze the impact on the current tax-supported debt before issuing any additional debt. This analysis shall include the current and projected debt-to-assessed and debt-to-total ratios as well as any other applicable analysis. • The Town recognizes that it is of the utmost importance that elected and appointed Town officials, and all others associated with the issuance of Town debt, not only avoid the reality of a conflict of interest, but the appearance thereof as well. Town officials shall conduct themselves in a fashion consistent with the best interests of the Town and taxpayers. Elected and appointed Town officials shall avoid even the appearance of linkages between politics and public finance that can erode the confidence of citizens. This includes avoiding gratuities and political contributions of more than nominal value from service providers, and the disclosure of all possible conflicts of interest shall be provided in writing and filed with the Town Secretary and the Finance Department. Town Council Page 59 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-783-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/3/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding revisions to the Town Procurement Policies and Procedures. Attachments:staff report - procurement policies and procedures.pdf TOWN OF TROPHY CLUB - Procurement Policies and procedures.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding revisions to the Town Procurement Policies and Procedures. Town Council Page 60 of 104 Meeting Date: Monday, December 16, 2013 Town of Trophy Club To: Mayor and Town Council From: Steven Glickman, Finance Director CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Town Council Meeting December 16, 2013 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action on a revised Town Purchasing Policy. Explanation: The Citizen Financial Advisory Board (CFAB) met on November 25th, 2013 and reviewed a revised Purchasing Policy prepared at their request by the Town Finance Director. The revised policy is in accordance with current state purchasing laws. Attachments: Town of Trophy Club – Purchasing Policy Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Town Council Page 61 of 104 Meeting Date: Monday, December 16, 2013 Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: The board, by a vote of 3-1, recommends the approval of the attached revised Purchasing Policy. Town Council Page 62 of 104 Meeting Date: Monday, December 16, 2013 TOWN OF TROPHY CLUB PROCUREMENT POLICIES AND PROCEDURES SECTION 1.0: POLICIES 1.01 Purpose The purpose of the Town’s Procurement Policy is to provide the parameters for the expenditure of funds in the procurement of goods and services for the Town of Trophy Club. The policies and procedures outlined herein are intended to comply with the Town of Trophy Club’s Mission and legally mandated federal and state statutes. 1.02 Policy Regardless of the value of the expenditure it is the policy of the Town of Trophy Club to promote competition that produces the highest quality goods and services at the lowest possible price whether or not the item is subject to bid. The Town Manager in coordination with the Town Council is charged with establishing the policies for the procurement of all goods and services. The Finance Department: • Develops purchasing objectives, programs, and procedures for the acquisition of materials, equipment, supplies, and services; • Helps department managers provide open and fair competition to vendors; and • Helps departments prepare and obtain approval of purchase orders, price agreements, and contracts; The City Secretary’s Office/Department Managers or designee: • Receives, and monitors formal bids for purchases. The Department Managers: • Develops and maintains technical and non-technical commodity specifications; • Ensures funding is available for procurement in department budgets. • Provides open and fair competition to vendors; • Prepares requisitions; • Obtains approval of purchase orders, price agreements, and contracts; • Prepares requests for proposals (RFPs), requests for qualifications (RFQs) and requests for bids (RFBs); and • Monitors and evaluates the performance of vendors including but not limited to compliance with contract specifications. 1.03 Free and Open Competition All procurement transactions, regardless of dollar value, whether advertised or negotiated, shall be conducted in a manner so as to provide maximum free and open competition. The Town Manager or Town Council should be alert to organizational conflicts of interest or noncompetitive practices among Town Council Page 63 of 104 Meeting Date: Monday, December 16, 2013 contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors who develop or draft specifications and other requirements for solicitation instruments (Requests for Bids or Proposals) shall be excluded from competing for such procurement. 1.04 Compliance In order to have an efficient purchasing function, all departments must work in close cooperation with the Finance Department. Departments can ensure compliance with the Town’s policies and procedures by: • Informing departmental personnel of the purchasing requirements and ensuring adherence; • Planning purchases in advance in order to allow sufficient time to advertise, when necessary, obtain proposals, quotations, or bids, determine best source, and issue purchase orders with reasonable lead-time for delivery and thus prevent emergencies; • Providing accurate and concise specifications for items requested and timely preparing requisitions; • Inspecting or supervising the inspection of commodities, services and equipment delivered; and determining acceptability of their quality, quantity, and conformity with specifications; and • Providing complete written documentation of a vendor's performance to be used in future bid award evaluations. SECTION 2.0: CODE OF ETHICS Officers and employees of The Town of Trophy Club are public servants, who will carry out their activities in a fair and legal manner avoiding actual or perceived conflicts of interest. All officers and staff members are expected to conduct the activities of the Town in full compliance with the law and in an honest, fair, and courteous manner. Officers and staff members must neither ask nor expect contractors, vendors or others with whom the Town does business to favor the Town, the officer or the individual staff member with special treatment. Officers and staff members should not permit personal preferences and dislikes to affect decisions related to their duties. To do so acts against the Town’s policy which is to treat all individuals, members, potential members, contractors, and others fairly and equitably. Conversely, officers and staff members are expected to use their best professional judgment and expertise when evaluating potential vendors and contracts for purchasing goods and services. This section does not preclude officers and staff from considering past purchasing experience with a specific vendor when making a future purchasing decision or recommendation to Town Council. Third party references and vendor experience may be considered by the Town when evaluating and awarding contracts for purchases. SECTION 3.0: CONFLICT OF INTEREST 3.01 Contracts Specifically, with reference to contracts, no employee or officer of the Town who exercises any functions or responsibilities in the review or approval of an undertaking or the carrying out of one of Town’s contracts shall participate in any decision relating to that contract if the decision affects his or her personal financial interest, such officer or employee has a substantial interest as defined by state law, or participation by such officer or employee is otherwise prohibited by state law or Town policy. If a former staff member or Town officer has worked less than one year for a business seeking to contract with the Town, the business entity must make this known and must describe the relationship between the former employee/officer and the firm. In no instance may this former employee/officer have hours billed on any project or program. To do so is reason for not awarding a contract. Town Council Page 64 of 104 Meeting Date: Monday, December 16, 2013 3.02 Declaration of Conflict of Interest In the event of a conflict of interest as defined by state law, the affected officer or employee must file a signed affidavit declaring his or her conflict of interest. The affidavit must be filed with the Town Secretary. Such official, officer or employee must abstain from discussion of or voting on a bid, proposal or contract submitted by a business entity in which he/she has a substantial interest. More specifically, in addition to the requirement to complete an affidavit, when an item is placed before a Board, Commission, Committee, or Town Council for review, any and all members of those bodies who has a conflict of interest shall announce that he/she has such conflict and shall leave the room until the body has discussed and taken action on the item for which the member has a conflict. Moreover, it is the policy of the Town that an employee who has a substantial interest in a business entity as defined by state law, shall follow the procedure outlined in this section by completing an affidavit and leaving the room where a discussion and/or vote is taking place regarding the business entity in which the employee has an interest. Further it is the obligation of officials, officers and employees to avoid apparent conflicts of interest by abstaining and following the procedures specified in this section. Officials, officers and employees shall abstain from participating in the procurement process, which includes but is not limited to discussions, lobbying, rating, scoring, recommending, providing current copies of contracts outside of Public Information Act process, explaining or assisting in the design or approval of the procurement process on contract with the organization he or she represents or from which he or she receives a direct financial benefit; or on contracts with organizations in which a family member will realize a direct benefit. 3.03 Violations and Remedies Violations of the provisions of this Article constitute misconduct, subjecting the violator to any and all penalties prescribed by law. Penalties, sanctions or other disciplinary actions, to the extent permitted by state or local law, rules or regulations, shall be imposed for violations of the code of conduct/conflict of interest standards, by the Town’s officers, employees or agents or by persons, contractors or their agents, when the procurement involves state or federal programs and/or funds. Appropriate sanctions, penalties or disciplinary actions shall be applied for violation(s) of these policies and/or state law. Violations of state or federal law shall be referred to the proper authority having jurisdiction over it. 3.04.1 Substantial Interest A person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceed 10 percent of the person’s gross income for the previous year. Additionally, a local public official is considered to have a substantial interest if a person related to the official in the first degree by blood or marriage, as defined by Chapter 573 of the Texas Government Code, has a substantial interest as defined herein. SECTION 4.0: LEGAL CONSIDERATIONS 4.01 Procurements Exempt from State Law Competitive Bid Requirements Purchases made by the Town shall be in accordance with State law. Except as specifically exempted by state law or by the terms of this Procurement PolicIes and Procedures Manual, including but not limited to Sections Four, Five and Seven, written, competitive bids must be taken for all procurements over $50,000. Procurements exempt from the competitive bid requirement are as follows: • Those made in case of public calamity, where it is necessary to act immediately to appropriate money to relieve the necessity of the Town’s residents or to protect or to preserve Town property and for which Town Council has approved a Resolution ratifying the expenditure as an exception to the competitive bid requirement. Public calamity shall mean a grave event or occurrence that causes great loss or distress for the residents of the Town, including but not limited to natural disasters, acts of war, acts of terrorism, and other events as authorized by law or as determined by the Town Council to constitute a public calamity Deleted: 25,000 Town Council Page 65 of 104 Meeting Date: Monday, December 16, 2013 after consideration of the existing facts and circumstances. Purchases made pursuant to this exception shall be in accordance with the Emergency Management Procedures in effect at the time of the purchase; • Those made necessary by unforeseen damage to Town property, machinery or equipment for which Town Council has approved a Resolution ratifying the expenditure as an exception to the competitive bid requirement. Such resolution shall explain the nature of the damage, the cause of the damage, and the urgent need that supports the use of an exception to competitive bid. Unforeseen damage shall mean unexpected damage caused by some natural force or act of vandalism or other criminal or negligent act or omission. Purchases made pursuant to this exception shall be in accordance with the Emergency Management Procedures in effect at the time of the purchase; • A procurement necessary to preserve or to protect the public health or safety of the Town’s residents for which Town Council has approved a Resolution ratifying the expenditure as an exception to the competitive bid requirement. Purchases made pursuant to this exception shall be in accordance with the Emergency Management Procedures in effect at the time of the purchase; • Those for personal, professional, or planning services as budgeted are exempt from competitive bid; however, the procurement of those types of services shall be done in accordance with state law requirements and the RFQ/RFP process as specified in the Town’s Procurement Policies and Procedures manual, including but not limited to Section 5.07 of that manual; • Those for work performed and paid for by the day as work progresses as budgeted by the Town Council; • A purchase of land or right-of-way for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Items that are available from only one source and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • A purchase of rare books, papers, and other library materials for a public library and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Paving, drainage, street widening, and other public improvements, or related matters, if at least one- third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; • A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • A payment under a contract by which a developer participates in the construction of a public improvement as provided by Chapter 212 of the Texas Local Government Code and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Personal property sold: o At an auction by a state licensed auctioneer provided that such purchase has been approved as a part of the budget or that the Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; o At a going out of business sale held in compliance with Chapter 17, Texas Business and Commerce Code provided that such purchase has been approved as a part of the budget or that Deleted: appears Town Council Page 66 of 104 Meeting Date: Monday, December 16, 2013 the Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement o By a political subdivision of the state of Texas, a state agency of the State of Texas, or an entity of the federal government pursuant to an interlocal agreement approved by Town Council; or o Under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391 of the Texas Local Government Code provided that such purchase has been approved as a part of the budget and that Town Council has approved the interlocal contract for cooperative purchasing; • Services performed by blind or severely disabled persons; • Goods purchased by a municipality for subsequent retail by the municipality and for which Town Council has approved a Resolution authorizing the expenditure as an exception to the competitive bid requirement; • Electricity; or • Purchases made pursuant to an approved cooperative purchasing program or those from an approved state program provided that Town Council has approved participation in the cooperative purchasing or approved state program. Contracts shall be awarded in a manner consistent with the provisions of Town policy statements and state law. 4.02 Conflict of Interest An employee of the Town may not solicit bid quotations from relatives of the employee or relatives of another Town employee on products to be purchased by The Town. 4.03 Public Access to Procurement Information Procurement information shall be a public record to the extent provided by the Texas Open Records Act and the Freedom of Information Act and shall be available to the public as provided therein. If a proposal contains information that the bidder considers proprietary and does not want disclosed to the public or used for any purpose other than the evaluation of the offer, all such information must be clearly marked as proprietary and confidential by making such notation on each page or portion thereof containing propriety and confidential information. The Town reserves the right to duplicate, use or disclose the information as needed to prepare contract documents and working documents for the project and is not liable for accidental disclosure of such information. 4.04 Confidentiality of Bidders Quotations A vendor’s bid/proposal is confidential until opened. Therefore, no bid or proposal shall be opened before the date and time of the published opening of such bid/proposal. Opening bids/proposals prior to the publication date and time is a violation of state law and Town policy. SECTION 5.0: METHODS OF PROCUREMENT 5.01 General The Town has four methods for procuring goods and services each of which is determined by the total estimated cost of the purchase. However, regardless of the cost of the purchase, the objective is to secure the highest quality goods and services at the lowest possible price. No purchase may be split to circumvent the dollar amount requirements. With the exception of Petty Cash and procurement card purchases, the procurement process begins with the preparation and approval of a Purchase Order (see Section 6.0). All purchases except those made through Petty Cash, Procurement Card, or those listed Town Council Page 67 of 104 Meeting Date: Monday, December 16, 2013 under the exemptions in Section 6.1 must be made through an approved Purchase Order or Contract. Purchase Orders will not be issued “after-the-fact”. 5.02 Petty Cash Purchases - Cost up to $100 All Town departments and employees have access to the use of petty cash funds for individual item purchases with dollar values not in excess of $100. The petty cash fund is to be used for small purchases that the employee can pick up at a local facility if a purchasing card is not accepted or if the employee has not been given a purchase card. Town employees are not to misuse petty cash funds by splitting a purchase into more than one transaction in order not to exceed the $100 limit. A petty cash slip must be completed and signed by the requesting employee and authorized by the employee’s manager. Receipts for each transaction must accompany the petty cash slip. Neither a purchase requisition nor competitive bids are required when using petty cash. 5.03 Procurement Card Purchases –Travel Expenses • Personal travel expenses (expenses made in support or for the benefit of anyone other than the employee/official or expenses made in support or for the benefit of the employee which are not attributable to Town business) may not be charged to a procurement card issued by the Trophy Club Entities. All travel and related expenses incurred must be documented and submitted to the Town along with a completed Travel Expense Form that includes all receipts and supporting documents in accordance with IRS codes and regulations. A copy of the Travel Expense Form is attached as Exhibit “A” to this Procurement Policies and Procedures Manual. • If the training or seminar was not approved through the budget process, written permission must be obtained from the Department Manager or Town Manager prior to travel. There must be money in the budget to cover the travel unless the Town Manager or designee makes the exception. • Transportation – Attach a copy of the airline ticket showing flight times to the appropriate purchasing card transaction sheet received from the Procurement Card Administrator. If the mileage to drive your personal car is more than the cost of the airline ticket plus ground transportation (i.e. taxi or shuttle service) plus airport parking costs, the employee reimburses the difference. Attach a copy of taxi or shuttle service receipts if applicable to the purchasing card transaction sheet if they take a purchasing card. If you drive your personal car and claim mileage, you cannot charge your gasoline on your purchasing card. If you drive a Town of Trophy Club vehicle or if you receive a car allowance, you can charge your gasoline for out-of town trips. • Lodging – A copy of the invoice showing all expenses should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. In-room movies or pay television, phone calls, golf, sporting events, dry cleaning or laundry, and valet parking are not reimbursable expenses. For Texas destinations, you need to present a copy of the Texas Sales and Use Tax Exemption Certification. State taxes should not be paid but city taxes may or may not be exempt depending on local resolutions. • Meals – receipts should be attached to the purchasing card transaction sheet received from the Procurement Card Administrator. You actually need two receipts. One would include the breakdown of items bought. The other would be the receipt that shows the actual amount charged that includes a reasonable tip of not more than 15%. No alcoholic beverages may be charged. The total for the day depends on the time you leave and the time you come back. Generally, you must be traveling by 7:00 a.m. to receive breakfast and stay after 7:00 p.m. to receive the evening meal. The most per day is $30 if you are traveling or at a conference the full day. If there is a partial day of travel, you will need to keep the daily total to $10 per meal. If your conference includes a meal, you should consider the meal to be $10 of your daily amount. Town Council Page 68 of 104 Meeting Date: Monday, December 16, 2013 • Registration – if you do an on-line registration, be sure to screen print details that show how much the conference costs, dates of the conference, and name of the conference. If you fax the registration information, keep a copy of the same details. Attach the copy to the purchasing card transaction sheet. • Any unauthorized expenses are the responsibility of the cardholder and must be reimbursed to the Town of Trophy Club. • The Town Manager or designee must approve any exceptions to the above. 5.04 Procurement Card Purchases The intent of the procurement card is to provide a controlled, but less labor-intensive alternative to the existing procedures for purchasing and paying for items up to the predetermined credit limits. The Department Managers shall determine employees within each Department who are to be issued a procurement card and the transaction value limit to be assigned to each individual’s card. The Town Manager or designee shall approve all limits. Cards are issued in the name of the designated Town employee and the Trophy Club Entities. The card remains the property of the Trophy Club Entities. Each potential cardholder shall attend a training session and sign a procurement card policy that documents the cardholder’s responsibilities prior to being issued a card. The Procurement Card is to be used to make purchases for operations included in the Town’s approved budget. Violations of these requirements may result in revocation of use privileges and/or disciplinary action, up to and including termination of employment. Employees who have inappropriately used the Procurement Card will be required to reimburse the Town for all costs associated with the improper use. Department Managers shall report any violations of this policy or abuse of a procurement card to the Town Manager or designee. Department Managers who fail to properly report such violation or abuse shall be subject to disciplinary action, up to and including termination of employment. Each employee who has been issued a card shall ensure that a receipt that indicates the place, date and nature of the purchase is obtained each time the card is used. The receipts will be attached to the procurement card transaction sheet, which will be signed, dated, and turned in to each applicable Department Manager who will review each purchase for appropriateness. The Department Manager shall sign the purchasing card transaction sheet as an indication that all transactions have been reviewed and approved and forward to the Procurement Card Administrator within the specified time limit of no more than three days. The Procurement Card Administrator will reconcile the individual Department packets with the monthly statement received from the issuing Bank. Should any charges not be supported by receipts, the Procurement Card Administrator will notify the applicable Department Manager who shall obtain a receipt or other proper documentation evidencing the nature and amount of the purchase. In the event that a receipt is lost or an employee fails to obtain a receipt, a lost receipt form shall be completed and attached to the procurement card transaction sheet. Such form shall contain an explanation of the reason that the receipt was not obtained or was lost and any and all steps taken to obtain a duplicate copy of the receipt. The lost receipt form shall be signed by the Manager or Director of the Employee’s Department. An employee’s procurement card privileges may be revoked for failure to provide a receipt or otherwise comply with the Town Purchasing Policies and Procedures Manual. Use of a procurement card for a purchase in excess of $2,500 shall require the review and approval of the Town Manager or designee. If a purchase order is issued, attach the original purchase order with the appropriate signatures to the procurement card transaction sheet so that Finance can close the purchase order for financial reporting. The Procurement Card Administrator is responsible for compliance with the issuing bank’s Procurement Card guidelines and notifying the Town Manager or designee of any problems. Additionally, each Department Manager shall be responsible for taking appropriate remedial action to correct noncompliance with the Town’s policies and procedures governing procurement cards by his or her respective employees. 5.05 Purchases over $3,000 but less than $50,000 If the cost of the item(s) exceed $3,000 but is less than $50,000, departments are required to secure at least three (3) documented quotes on the item(s). In keeping with State Law, at least two (2) of the quotes must be from Historically Underutilized Business (HUBs) located in Denton County or Tarrant County based upon information provided by the State Comptroller. If a purchase falls within the foregoing cost Deleted: 25,000 Deleted: 25,000 Town Council Page 69 of 104 Meeting Date: Monday, December 16, 2013 parameters and if a firm classified as a HUB handles that type of product, such HUB must be contacted on a rotating basis, but a department must attempt to contact at least two (2) HUB's on each order. Once all bids have been received and evaluated, the Department Manager or his or her designee will place the purchase to the lowest responsible bidder. In the event that a Department Manager or his or her designee desires to award a bid to a bidder other than the low bidder, such employee shall provide a detailed explanation in writing specifying why the lowest bidder was not accepted. Such written explanation shall be attached to the bid sheet. 5.06 Competitive Sealed Bids - Cost over $50,000 The Town Council must approve all non-budgeted or unanticipated purchases with values in excess of $50,000 prior to the purchase. Once a resolution has been passed or approval has been granted, the purchase must be made through the use of competitive sealed bids (see Section 7.0) or some other purchasing method as authorized by this policy. Invitations for sealed bids shall include specific instructions to the vendors concerning bid submission requirements including the time, date and place for receipt of bids by the Town. Competitive sealed bids are to be advertised in local newspapers of general circulation under the legal notices section. The bid must be advertised at least 14 days prior to the date of the bid opening. The advertisement is to give adequate instruction as to the nature of the bid, date and time of bid opening, and bidders conference, if applicable. Exceptions to Competitive Sealed Bidding Competitive sealed bidding is not necessary if one of the exceptions in Section 4.0 of these policies is applicable. 5.07 Professional Consulting Services Contracts –RFQ/RFP Process a. RFQ/RFP Process - Professional consulting services means those within the scope of the practices of accounting, architecture, land surveying, professional engineering, and other areas as defined by the laws of the State of Texas. Such services to the Town are to be provided pursuant to a third party independent contractor agreement for a specified time period. Competitive bidding shall not be used to select the professionals/consultants contracted by the Town. Compensation will be negotiated before the contract is signed and after the consultant has been selected on the basis of his or her demonstrated competence and qualifications to perform the services for a fair and reasonable price. When professional consulting services are needed, the Department requesting the services will prepare a Request for Qualifications setting forth a description of the scope of services needed, the minimum desired qualifications, credentials and experience, and the relative importance of each, and will forward that information to the Town Manager. The RFQ shall be advertised and may also be sent out to qualified vendors whom Town staff recommends. The Town Manager will assemble a team (Selection Team) of appropriate staff that will evaluate the responses submitted by those firms whose qualifications meet the requirements set forth in the Request for Qualifications. Requests for Proposals shall be solicited and processed in accordance with the requirements set forth in Section 5.07(b) hereof. b. RFP Process - A Request for Proposal (RFP) will be sent to each consultant identified by the Selection Team in accordance with the RFQ process set forth in Section 5.07(a) above. However, if the two-step RFQ/RFP Process is not utilized and the single step RFP process is utilized, then the RFP must be advertised and must require that proposals contain information identifying qualifications, credentials, and experience of those vendors submitting a response. The RFP shall also list the services desired and a deadline for return of the RFP. The request shall require the responding professionals/consultants to provide a schedule for completion of the scope of services, where applicable. Copies of the proposal(s) shall be submitted to the Town Secretary who shall process the responses in accordance with Section 7.0 and who will forward to the members of the Selection Team. Interviews shall be scheduled with the highest ranked firms. The Selection Team will ask each finalist to make a presentation of experience and then may question the firms as to capability and methods of approach for furnishing the required services. Professional compensation is not considered in these discussions. The qualified firm(s) shall be ranked from most qualified to least qualified. The Selection Team shall begin negotiations with the most qualified Deleted: 25,000 Deleted: 25,000 Town Council Page 70 of 104 Meeting Date: Monday, December 16, 2013 to develop a contract. The Town contract shall include all relevant terms and conditions, including but not limited to, compensation, time required and full scope of work to be performed. If an agreement satisfactory to both the Town and a firm cannot be reached, negotiations will be terminated with that firm and the process started over with the second choice candidate and so on. As soon as an agreement is reached, the Selection Team shall make its recommendation to the Town Council. c. Frequency - The RFQ/RFP process for professional services may be utilized bi-annually. 5.08 Annual Contracts For goods or services that are used repetitively throughout the Town such as office supplies, paper goods, mailing services, or stationery, the Town may enter into an annual contract with a supplier. The purpose of entering into an annual contract is to eliminate the need to obtain competitive pricing each time repetitively used items are requested. The Town will obtain competitive sealed bids requiring that bid prices remain in effect for a specified period. The Town will enter into agreement, upon approval of the Town Council (if the contract price exceeds $50,000), with the approved bidder by signing a contract stating the terms and conditions. Once the contract period nears the end of the term, the Finance Department will re-advertise the bid request for the following year giving fair opportunity for vendors to respond. 5.09 Sole Source Purchases When a department identifies a potential sole source purchase, a detailed justification explaining why a sole source purchase is necessary must be provided to the Town Manager or designee in advance for review and concurrence. Upon review and concurrence of the Town Manager or designee, a Resolution outlining the basis for the sole source purchase shall be submitted for Town Council approval. Except as specifically provided otherwise in these policies, a sole source purchase may only be made pursuant to an approved Town Council Resolution. 5.10 State Contract Purchasing The Town has the option of purchasing items on contract through the Houston-Galveston Area Council Cooperative Purchasing program and the State of Texas central purchasing agency. Participation in these programs is strictly voluntary and the Town is not obligated to purchase through either. According to Section 271.081 - 271.083 of the Texas Local Government Code, The Town is not required to obtain competitive bids for items that are on state or local government contract. Because the State of Texas central purchasing agency purchases in large quantities through a state cooperative purchasing program, prices are generally lower than retail. One must keep in mind when purchasing items under state contract that there are no alterations or modifications to the specifications that are listed with the cooperative purchasing programs. 5.11 Alternative Project Delivery Methods for Certain Projects Alternative project delivery methods, include but are not limited to, construction manager at risk, construction manager agent and design build contracts. Any of the alternative project delivery methods specified in Subchapter H of Chapter 271 of the Texas Local Government Code, as amended, may be utilized provided that the purchase and the procedures utilized in making that purchase comply with all requirements specified therein. SECTION 6.0: THE REQUISITION PROCESS 6.01 Procedure for Non-Emergency Purchases When the need arises for a single purchase of goods and/or services with an estimated value in excess of $10,000, the user Department shall originate an on-line purchase order. The purchase order must be Deleted: 25,000 Town Council Page 71 of 104 Meeting Date: Monday, December 16, 2013 prepared far enough in advance of the date that the goods or services are needed to allow all procurement procedures to properly function, including: • Securing appropriate approval of the purchase • Advertising for bids, if necessary • Obtaining bids or price quotations • Evaluating bids • Preparing the contract • Allowing delivery of goods or services in a timely manner Each Department is responsible for ensuring that duplicate purchases are not made. Once a purchase order is received, the Department Manager must: • Check the purchase order for completeness, including quantity and concise specifications; • If specified as a sole source, ensure the reason for the sole source is documented and appropriate; • Verify the budget authority. Check budget line item authority and budget balance for sufficient unencumbered amount to cover the purchase. Once the vendor selection process has been completed, the Department Manager will bring the requisition to Finance who will prepare the purchase order. The Department Manager will then secure the appropriate approval of the purchase order or contract. The Town is not liable for making payment to vendors for purchases that have not had prior approval of the Department Manager and have not been issued a purchase order number. The Department needs to attach the approved Purchase Order to the invoice received and forward to Finance for payment. 6.02 Procedure for Emergency Purchases The designation of emergency purchase indicates a situation of such urgency that normal purchasing procedures must be modified in the interest of time, and therefore no competitive bids are required. The Town is allowed to make emergency or exempted purchases without competitive bidding as defined in Texas statutes. An approved Town Council Resolution is required for all emergency purchases; provided however, that if due to exigent circumstances, the purchase must be made and time does not allow the posting and holding of a Council meeting, the Town Manager or designee, may authorize the expenditure by providing written permission to make the emergency purchase in accordance with the Emergency Management Procedures in effect at the time of the purchase; provided however, that the Town Manager or designee shall prepare and submit , a ratifying Resolution to Council at the first available Council meeting after the purchase is made where the item may be properly posted as required by law. A purchase is not considered to be an emergency if the expenditure becomes necessary due to poor planning. All emergency purchases are processed as follows: • The applicable Department Manager will be notified immediately with as much information as possible about the emergency purchase required. • The Department Manager contacts as many vendors as necessary to arrange the emergency purchase. The purchase is completed by telephone by issuing a verbal purchase order number to the vendor and requesting expedited delivery. The purchase order is either mailed or faxed to the vendor at a later date. Town Council Page 72 of 104 Meeting Date: Monday, December 16, 2013 • Staff making the request may be required to pick-up the emergency purchase from the vendor, if applicable, if expedited delivery from the vendor is not available. • Council approval or ratification must be obtained for all such emergency purchases exceeding $50,000. SECTION 7.0: PURCHASING PROCESSES 7.01 Policy Competitive written or telephone bids are to be sought for all purchases over $3,000 (see Section 5.05). All practical means to obtain the best price available should also be used when making emergency purchases. Competitive sealed bids are required for those bids exceeding $50,000 (see Section 5.06). The bid consists of the items offered by the vendor in response to the specifications, along with details governing the offer. The Town bidding procedures contain the following general requirements: • A short summary of the Request For Bid (RFB) or Request for Proposal (RFP) shall be published in local newspapers of general circulation. The advertisement is to be published under the Legal Notices section of the newspaper. This should be coordinated through the City Secretary’s Office. • Bids are received until the date and hour set out in the specifications. The Town Secretar y or her designee will mark bids with the date and time at which they are received. Once a bid is submitted, the bidder cannot alter or correct a bid. A vendor who wishes to withdraw a previously submitted bid and/or submit an alternate bid may only do so prior to the bid opening. Under no circumstances will bids be accepted after the specified date and time. • The bids are to be opened at the date and hour specified in the bid and notice documents, and submitted to the requesting department for review. Generally, bids are awarded to the lowest responsible bidder or the bidder who provides the best value to the Town.. Occasionally, a bid may be split between vendors to obtain optimum pricing. If no bid is found to be acceptable, the entire bidding process must be repeated. Sealed bids are opened publicly in the presence of at least three (3) Town employees. The Town Secretary or her designee will coordinate the opening of the bids. • Bids are to be kept confidential from competitors until after the bid has been opened. Once the bid is opened, the bid becomes open record in accordance with the Texas Open Records Act. • Sealed bids must be submitted to the Town of Trophy Club by mail or hand delivered to Town offices. Envelopes must be clearly marked that a sealed bid is enclosed. Faxed or late bids will not be considered for award. They should be addressed to the Town Secretary. • The Town of Trophy Club reserves the right to reject any and all bids submitted and to waive any and all irregularities. It is the consistent policy of the Town to use competitive principles in awarding all public contracts of any amount with only limited exceptions as allowed by law. This includes the purchase and lease of goods, the purchase of services, and construction projects. These competitive principles apply to all departments of the Town of Trophy Club. • If the Town contracts for public work in excess of $50,000 it is required that the contractor execute a payment bond solely for the protection of beneficiaries who supply materials or labor to the specific public works project and have a direct contractual relationship with the contractor to replace the protections afforded by lien rights. •If the Town contracts for public work in excess of $100,000 it must require its contractor to execute a performance bond solely for the protection of the Town in the event of contactor default and/or termination. *The Town require the successful bidder on a public works project to provide a two (2) year maintenance bond covering the full final cost of the project. Deleted: 25,000 Deleted: 25,000 Deleted: and best Deleted: is accepted Town Council Page 73 of 104 Meeting Date: Monday, December 16, 2013 • If the Town receives only one bid or proposal in response to its request the Town may accept the bid or proposal received, reject the bid or proposal and re-advertise, or reject the bid or proposal and decide not to undertake the project. • The Town will give preference in purchasing products made of recycled materials if the products meet applicable specifications as to quantity and quality as found in the bid requests. 7.02 Requests for Bids (RFB) or Requests for Proposals (RFP) RFBs and RFPs are used to notify vendors that the Town has specific requirements for goods and/or services and that vendors are being offered an opportunity to fulfill those requirements. The bid system is to be kept simple and practical, and the bids must be advertised as widely as possible in order for competition to work. Complicated bid invitations or requests for proposals discourage competition and drive up prices. 7.03 Bid Packet A bid packet contains documents needed by the vendor to respond to the requirements of the RFB/RFP. It may include several elements: Request for Bid (RFB) or Request for Proposal (RFP): This is the cover form for the bid/proposal package. It provides specific information that the bidder will need to respond. As applicable, it should include: • Quantity and brief description of goods or services to be provided • Request for unit cost, extended cost, and total cost of items bid • Estimated delivery time if vendor is awarded the bid • Closing date and time for receiving bids or proposals. • Place where bids or proposals are to be sent, including the address and office • Person to contact for additional information • Instructions to bidders (see example in Appendix F) • For RFPs only: Factors to be used in the evaluation process, the weights attached to each factor. Evaluation factors may include price, experience of vendor’s staff, ability to respond in a timely way, past recommendations, safety record in accordance with a duly adopted Town vendor safety record policy, and financial soundness, as well as any others considered necessary. Other evaluation factors will depend on the individual requirements attached with the procurement. Standard Terms and Conditions: All conditions of doing business with the Town will remain constant for all contracts and purchases, unless specifically deleted. They are usually presented as an attachment to the RFP. Special Provisions: Terms and conditions required for a particular contract or purchase. Specification: The description of the purchase requirements. In place of enclosing the actual specification, information about where the specification may be obtained may be substituted. Town Council Page 74 of 104 Meeting Date: Monday, December 16, 2013 Pricing: The offer and acceptance page. The vendor quotes prices in accordance with the specification requirements. Prices are usually provided by unit and include the total cost for the estimated amount required. A list of attendees and minutes of the bidders conference by the City Secretary or her staff must be kept as part of the procurement file. 7.04 Competitive Proposals Competitive proposals can only be used for procurements of high-technology products or services as allowed by law. The specification shall be written using performance standards rather than the description of the good or service. The specification must also specify the relative importance of price and other evaluation factors by identifying the weight to be given to each factor. • Vendors submit a proposal for a system to satisfy the requirements set forth in the proposal. Proposals may incorporate various types of hardware or services to accomplish the performance objectives set forth in the specifications. • After proposals are received, the Town may enter into discussions with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract based upon proposal specifications. Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals. Revisions may be permitted during the discussion process after submissions and before the award of the contract in order to obtain the best final offers. • The contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the Town considering the relative importance of price and the other evaluation factors included in the request for proposal. 7.05 Cancellation of a RFB/RFP RFBs and RFPs may be canceled by the Town at any time before the date set for opening bids. A cancellation notice should be mailed or faxed to all vendors receiving bid or proposal invitations. 7.06 Modification of a RFB/RFP RFBs and RFPs submitted to vendors may also be modified by the Town after being issued but before the final date for submission. When modifications are required, addenda shall be mailed and/or faxed to all vendors receiving bid or proposal packets. The modification notification should state whether the bid opening date is or is not extended. The bid opening date may be extended if notification of the amendment will not give vendors ample time to respond to the modified request. 7.07 Receiving the Bid or Proposal – Procedural Requirements Receiving competitive bids and proposals must be done properly in order to ensure that no possibility of favoritism or even the appearance of favoritism exists. Notice of the time and place at which the bids/proposals will be publicly opened must be published at least once a week for two consecutive weeks. The date of the first publication must be at least fifteen (15) days before the date of public opening. • Each bid or proposal must be returned to the Town Secretary’s Office as designated in the invitation. Each proposal is to be in a separate envelope, sealed and with the bid or proposal identification number marked on the outside of the envelope. If more than one bid is to be submitted, vendors are required to use separate envelopes for each bid. • The bid or proposal envelope must be clearly marked by the offeror with the date upon which it is submitted to the Town and the Town Secretary or her designee shall mark the date and time of receipt of by the Town. Town Council Page 75 of 104 Meeting Date: Monday, December 16, 2013 • The bid or proposal envelope should then be filed unopened together with the other bids or proposals for the same bid invitation until the time of the bid opening. • Bids or proposals must be received by and opened on the date, hour and location as specified in the invitation/request. Vendors are invited and encouraged to attend the bid opening. Bid openings are considered open meetings and anyone can attend. Three (3) Town representatives (i.e. employee, town official, or professional staff) must be present at all bid openings. • All bids and proposals must be sealed with the identification number clearly marked on the outside of the envelope. One bid or proposal may be submitted per envelope. Opened bids shall be kept on file and available for inspection. 7.08 Disqualified Bids The following are grounds for disqualifying a submitted bid: • Incomplete bids/proposals may be considered non-responsive. Such bids/proposals may be considered for award if the non-responsiveness is due to a non-material omission. (i.e. the omission does not affect price, quality, quantity, delivery or other material contractual conditions). • Unsigned bids/proposals, or bids/proposals with unauthorized signatures. • Bids or proposals received after the date and time for opening. Late bids/proposals are not considered for award of the purchase, will not be opened, and will be returned to the submitting bidder/proposer. • Bids/proposals where prices are conditional on award of another bid, or when prices are subject to unlimited escalation. If allowed by the specification, prices may be subject to escalation based on an independent wholesale index. 7.09 Correction or Withdrawal of a Bid Bids may not be altered or amended after the submission deadline. A non-material omission or error may be waived if: • The omission or error relates to a matter of form, not substance; and • Does not otherwise prejudice the other bidders/offerors. Any alteration or change made to a bid or offer prior to opening must be initialed by the authorized signatory of the bidder guaranteeing authenticity. Mathematical errors may not be corrected. In the event of a conflict between a unit price for an item(s) and the total price for such item(s), the Town reserves the right to resolve the conflict by accepting the lowest price. SECTION 8.0: EVALUATING COMPETITIVE BIDS 8.01 General The Finance Director or his/her designee will provide tabulations, calculation checks, price extension and information about compliance with specifications to the RFB/RFP. 8.02 Tabulating the Results When bids or proposals are opened, the results are tabulated by the Finance Director or his designee for easy reference. The following information is included in the bid analysis: Town Council Page 76 of 104 Meeting Date: Monday, December 16, 2013 • All calculations and sums are double checked for accuracy. • Unit prices are extended to a total price for the requested quantity. • The bid or proposal is verified to determine if all requirements listed meet specifications. All areas where the bid/proposals fail to meet conditions included in the specifications and whether any failures disqualify the bid/proposal are listed. Any modifications to the specifications submitted by the vendor are so noted. • All required samples to be included, if applicable, are verified by the Department. • Samples of the desired product, if required, are tested and results of the test noted by the Department. 8.03 Basis for Purchase Decision The evaluation and recommendation includes whether or not the vendor has submitted a responsive bid or proposal (one that meets all criteria of the RFB/RFP). Additionally, information on the vendor’s record of being a responsible bidder (one who has proven capable of performing a contract and/or appears financially and technically capable of adequately performing this contract) is included. If the bidder’s safety record is to be considered, the evaluation states if the bidder has an acceptable record, and if not, the identifiable factors that were not satisfactory as required by the written definition and criteria for accurately determining the safety record of a bidder and the Town has complied with all other requirements of §252.0435 of the Texas Local Government Code, as amended. SECTION 9.0: AWARDING THE BID 9.01 Policy The Town awards bids to the vendor who meets the requirements set forth in the bid documents who offers the lowest cost or the vendor who provides goods or services at the best value for the Town pursuant to the criteria set forth in Section 252.043 of the Texas Local Government Code, as amended. If staff recommends award of a bid to a vendor who is not the lowest responsible bidder, justification for the vendor selection must be documented. In the event that no bid is deemed satisfactory, the Town may declare that all bids are unacceptable. 9.02 Disqualification of a Bidder If a bidder has provided unsatisfactory service or products to the Town in the past, those experiences are to be thoroughly documented in order to support any later disqualifications. A vendor who fails to provide satisfactory products, goods or services or who has breached, terminated or been terminated from a contract with the Town in the past will be removed from the Approved Vendors List for future bidding opportunities and may be disqualified from bidding on future projects. SECTION 10.0: PROTESTING A BID Upon selection of an offer or bidder, all competitors must be notified in writing of the procurement results and advised of their right to appeal the decision by the Department. A protest must be submitted to Town Manager or designee within seven (7) calendar days of the date upon which the Town’s written notice of procurement results is made. All such protests will be reviewed by the Town Manager or designee who will issue a written decision regarding the protest. An appeal from the decision of the Town Manager or designee may be made to Town Council and shall be placed on the Council agenda on the first available date for which notice and publication requirements may be met after a written notice of appeal is received by the Town Secretary. SECTION 11.0: PROCUREMENT SPECIFICATIONS Town Council Page 77 of 104 Meeting Date: Monday, December 16, 2013 A specification is a concise description of goods or services the Town seeks to buy, and the requirements the vendor must meet in order to be considered for the award. A specification may include requirements for testing, inspection or preparing an item for delivery, or preparing or installing it for use. The specification is the total description of the purchase. A good specification has four characteristics: • It sets the minimum acceptability of the good or service. The term minimum acceptability is key, since the vendor must know the minimum standard to determine what to provide. Setting too high a standard means tax dollars will be wasted, while setting too low a standard means the good or service will not meet the expectations of the user. • It should promote competitive bidding. The maximum number of responsible vendors should be able to bid to the specifications. Restrictive specifications decrease competition. • It should contain provisions for reasonable tests and inspections for acceptability of the good or service. The methods and timing of testing and inspecting must be indicated in the specification. Tests should refer to nationally recognized practices and standards, whenever possible. • It should provide for an equitable award to the lowest responsible bidder. The buyer obtains goods or services that will perform to expectations, and the vendor is able to provide the goods or services at an equitable price. SECTION 12.0: MODIFICATION AND TERMINATION OF CONTRACTS 12.01 Policy All modifications or changes to a contract must be in writing. The Town Manager or designee may approve a modification or change order that increases or decreases a contract by $15,000 or less. The Town Council must approve modifications or change orders exceeding $15,000. The original contract price is not to be increased by more than 25%. Additionally, funding must be available to cover the cost of the price increase. The original contract price may not be decreased by more than 25% without the consent of the contractor. A contract awarded by the Town Council may only be terminated upon the approval of such termination by Town Council. 12.02 Requirement to Re-bid • In the event that a change order exceeds 25% of the contract price, a new bid must be solicited using the same bidding procedures as noted in Section 6.0. A new bid solicitation is to be issued if the procurement of supplies, equipment or services is materially different from that specified in the previous bid process regardless of the percentage in increase in the contract price. SECTION 13.0: DELIVERY OF GOODS Once goods are delivered to the Town’s offices, receipt of delivery is noted by signature of the receiving department or the receptionist in the Administration Building. If the receptionist receives goods, he/she will notify the department to which the goods belong. The person receiving the goods should make every effort to inspect the goods prior to signing the delivery ticket. If visible damage to a container being delivered is detected, it should be noted on the delivery ticket. Although damage to the contents of the package may not be seen, making this notation on the delivery ticket could make filing a claim easier if in fact the contents are damaged. Sometimes, damage to goods is concealed in packaging and the receiving party has no way of knowing of the damage. SECTION 14.0: DISPOSAL OF SURPLUS PROPERTY Annually, all departments shall review their assets and determine which items are no longer needed. A list of surplus, obsolete or unused supplies, materials or equipment, including description, make, model, Town Council Page 78 of 104 Meeting Date: Monday, December 16, 2013 and serial numbers should be forwarded to the Town Manager. Upon review and approval by Town Manager or her designee the items on the department’s lists may be transferred to other departments or sold through public auction. A copy of the items sold TOWN OF TROPHY CLUB, TEXAS Annual Program of Services including amounts, names, and addresses will be provided to the Finance Department so that it can be removed from asset lists and insurance. Town Council Page 79 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-790-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/9/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding a Fourth Modification of the Agreement between the Town and Allied Waste for solid waste collection and recycling transportation and disposal services; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:staff report - Allied Waste Agreement & Tonnage Report.pdf Fourth Modification 2013 accepted.pdf Exhibit A.pdf Rate Comparison - Trophy Club.pdf 2014 Rate Sheet.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Fourth Modification of the Agreement between the Town and Allied Waste for solid waste collection and recycling transportation and disposal services; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Page 80 of 104 Meeting Date: Monday, December 16, 2013 Town of Trophy Club To: Mayor and Town Council From: Mike Slye, Town Manager Re: Town Council Meeting Monday, December 16, 2013 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action the approval of a Fourth Modification of the Agreement between the Town and Allied Waste for solid waste collection, transportation and disposal services. Explanation: Current contract will expire in April 2015. Extending the existing contract an addition five (5) years (April 30, 2020) will allow the Town to take advantage of the current building expansion and secure a minimal increase in price (3%) locked in for the next seven (7) years at the same level of services that we currently enjoy. In addition, the proposed amendment will provide for Allied Services to be responsible for the semi-annual Household Hazardous Waste collection events that benefit our citizens and is very popular. That represents approximately $16,000 - 18,000 savings to the town’s General Fund. There is a provision in the proposed amendment to allow the contractor to ask for the DFW CPI adjustment annually, but requires Council approval. The Town enjoys a long, successful relationship with Allied Waste and we know the level of their response to periodic issues and their willingness and ability to be a tremendous community partner in various Town-sanctioned community events. Attached is an area price comparison for solid waste and a Tonnage Comparison Report for FY12 and FY13. We do not have the luxury of subsidizing our Residential rates as most other communities with their Commercial rates. Our proposed rates on this Rate Comparison chart are competitive with surrounding communities. Finally, this proposed amendment does not contemplate the use of any poly carts for solid waste or recycle. The contractor has agreed that, should Council in the future like to run a pilot program for recycle carts only, that Allied Waste would accommodate that request at no cost to the Town. Attachments: • Fourth Modification of the Agreement between the Town and Allied Waste for solid waste collection, transportation and disposal services • Exhibit A • Tonnage Report Comparison FY12 & FY13 • Rate Comparison • 2014 Rate Sheet Town Council Page 81 of 104 Meeting Date: Monday, December 16, 2013 Town Council Page 82 of 104 Meeting Date: Monday, December 16, 2013 Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommendation is to approve the Fourth Amendment to the Solid Waste contract with Allied Waste. Town Council Page 83 of 104 Meeting Date: Monday, December 16, 2013 1 FOURTH MODIFICATION TO SOLID WASTE COLLECTION AND DISPOSAL RECYCLABLE MATERIALS COLLECTION CONTRACT THIS Fourth Modification (“Fourth Modification”) of the Exclusive Contract for Solid Waste and Recyclable Materials Collection, Transportation and Disposal Services for the Town of Trophy Club, Texas (the “Agreement”) is made this ____ day of December, 2013 between the Town of Trophy Club, Texas, a home rule municipal corporation of Denton County and Tarrant County (the “Town”) and Allied Waste Services of Fort Worth, LLC (formerly known as Allied Waste Systems, Inc. d/b/a Allied Waste Services), a Delaware corporation–(“Contractor”). W I T N E S S E T H: WHEREAS, Town and Contractor entered into the Agreement on or about June 1, 2005 (hereinafter “Agreement”); and WHEREAS, In May, 2007, Contractor requested that the Town modify the Agreement to change the primary collection days for solid waste collection and recyclable materials; and WHEREAS, Town Council considered Contractor’s request and agreed to a First Modification memorializing the change to the primary collection days set forth in the Agreement (hereinafter “First Modification”); and WHEREAS, In June, 2008, subsequent to the third anniversary of the Agreement and consistent with the terms of the Agreement, Contractor requested an increase in the rate to allow Contractor the rate increase based upon Consumer Price Index for the Dallas Fort Worth Area as authorized by Section “W” entitled “Rates” of the Agreement; and WHEREAS, Town Council considered Contractor’s request and agreed to a Second Modification which modified the Agreement to adopt the increased rates as set forth in Exhibit “A”, thereto (hereinafter “Second Modification”); and WHEREAS, In January 2010, Contractor requested further amendments to the Agreement relative to the Term and to the Rates; and WHEREAS, Town Council agreed and approved the Third Modification to the Agreement; and WHEREAS, in 2010, Allied Waste Systems, Inc., took appropriate legal action to change its name to Allied Waste Services of Fort Worth, LLC; and WHEREAS, In December 2013, Contractor requested further amendments to the Agreement relative to the term of the Agreement, rates, reports, and billing; and WHEREAS, Town Council has considered Contractor’s proposed amendments, and Contractor and Town have agreed to a Fourth Modification as set forth below relative to the term of the Agreement, monthly recycling reports, rates, and billing. I. Incorporation of Agreement and Prior Modifications The Agreement, the First Modification, Second Modification, Third Modification, and this Fourth Modification are incorporated herein as if written word for word. Except as provided Town Council Page 84 of 104 Meeting Date: Monday, December 16, 2013 2 below, all other terms and conditions of the Agreement, the First Modification, the Second Modification, and the Third Modification shall remain unchanged and shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in this Fourth Modification, the Third Modification, the Second Modification, the First Modification, and the Agreement, priority of interpretation shall be in the following order: Fourth Modification; Third Modification; Second Modification; First Modification; Agreement. II. Modification of Agreement 2.01 Effective as of the day and year first written above, Section “B” of the Agreement as amended by the Third Modification, entitled “Term” is hereby deleted in its entirety and a new Section “B” is hereby adopted and shall be and read in its entirety as follows: B. Term: The term of the Agreement as amended by this Fourth Modification shall be effective from the date Fourth Modification is signed and ending on April 30, 2020. The term may be extended for an additional five (5) year period, on the same terms and conditions as set forth in the Agreement and Fourth Modification, by mutual consent of the parties, each expressed in writing and given at least sixty (60) days before the end of the term. 2.02 Effective as of the day and year first written above, Section “L” of the Agreement, entitled “Monthly Recycling Reports” is hereby deleted in its entirety and a new Section “L” is hereby adopted and shall be and read in its entirety as follows: L. Monthly Recycling Reports: Contractor shall provide Town with monthly recycling reports no later than the fifteenth (15th) day of the month following each month that Contractor renders service to Town. Each monthly recycling report shall include a summary of tonnage recovered, resident participation rates, landfill diversion rates, and other information agreed upon by the mutual consent of the Parties. 2.03 Effective as of the day and year first written above, Section “W” of the Agreement as amended by the Third Modification, entitled “Rates” is hereby deleted in its entirety and a new Section “W” entitled “Rates” and adopting Exhibit “A”, is hereby adopted and shall be and read in its entirety as follows: W. Rates: Contractor shall perform the services required hereunder at the rates set Forth on Exhibit “A”, a copy of which is attached hereto and incorporated herein. The rates set forth on Exhibit “A” for Solid Waste collection and disposal shall be effective February 1, 2014 through April 30, 2020 (hereinafter “Initial Term”). One time within each twelve (12) month period during the Initial Term, Contractor may request Town Council approval of an increase to the rates for Solid Waste collections and disposal by the percentage increase, if any, in the Consumer Price Index for the Dallas-Fort Worth Area. If the specified index ceases to be available, the parties shall use the most closely comparable then available. Notwithstanding the foregoing, the Town reserves its legal right not to renew this Agreement beyond the Initial Term hereof. No statement contained herein regarding good faith negotiations on rate or other items shall be construed as an agreement for automatic renewal of this Agreement or for an annual rate increase, nor shall the Town be deemed in violation of this paragraph if such good faith negotiations fail and the Agreement is not renewed or rates are not increased. Town Council Page 85 of 104 Meeting Date: Monday, December 16, 2013 3 2.04 Effective as of the day and year first written above Section “X” of the Agreement, entitled “Billing”, Section 1 “Residential Customers” is hereby deleted in its entirety and a new Section 1 Entitled “Residential Customers” of Section “X” entitled “Billing” is herby adopted and shall be and read in its entirety as follows: X. Billing 1. Residential Customers: The Town shall bill all residential Customers, and shall pay Contractor on a monthly basis in accordance with this section. The Town shall make such payment to Contractor on or before the (fifteenth) 15th day of the month following the month the service was rendered. Contractor shall be entitled to payment for all services for which payment has been billed by the Town less the franchise fee due hereunder. The Town shall pay Contractor the net service charge less a six percent (6%) franchise fee. Included with the foregoing monthly payment to Contractor, Town shall provide Contractor with the number of residential Customers billed. 2.05 Effective as of the day and year first written above Section “X” of the Agreement, entitled “Billing”, Section 3 entitled “Educational Stipend” is hereby deleted in its entirety and a new Section 3 entitled “Household Hazardous Waste” of Section “X” entitled “Billing” is hereby adopted and shall be and read in its entirety as follows: X. Billing 3. Household Hazardous Waste Events: Currently, Town holds two (2) household hazardous waste clean-up events per year (hereinafter collectively “HHW Events”). Each year during the Initial Term of this Agreement, Town and Contractor shall coordinate the dates for and locations of HHW Events, and Contractor shall either provide all services for HHW Events at no cost to Town or shall contract with and pay all costs of third parties to provide services for the HHW Events. Whether Contractor provides services or pays third parties to provide services for HHW Events shall be determined by the mutual consent of Town and Contractor. IN WITNESS WHEREOF, the parties enter into this Fourth Modification on the date first written above. TOWN OF TROPHY CLUB, TEXAS By: Connie White, Mayor Town Council Page 86 of 104 Meeting Date: Monday, December 16, 2013 4 ALLIED WASTE SERVICES OF FORT WORTH, LLC By: Keith Cordesman, Area President ATTEST: ______________________________ Tammy Ard, Town Secretary APPROVED AS TO FORM: ______________________________ Patricia A. Adams, Town Attorney Town Council Page 87 of 104 Meeting Date: Monday, December 16, 2013 SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA 2 YD 70.00 136.22 204.31 272.40 340.52 408.61 24.47 3 YD 81.29 158.80 238.18 317.56 396.94 476.38 28.45 4 YD 92.60 181.36 272.05 362.74 453.42 544.11 32.41 6 YD 115.16 226.53 339.79 453.06 566.30 679.59 40.29 8 YD 137.74 271.70 407.53 386.92 679.23 815.07 48.20 COMMERCIAL RECYCLING (OCC ONLY) SIZE 1 X 6 YD 70.64 per month 8 YD 84.08 per month COMMERCIAL ROLLOFF RATES SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT PER DAY PER LD PER CONT 20 YD OPEN 109.32 8.42 420.45 319.54 25 YD OPEN 109.32 8.42 467.54 319.54 30 YD OPEN 109.32 8.42 474.27 319.54 35 YD OPEN NEGO NEGO 554.99 NEGO 40 YD OPEN 109.32 8.42 622.26 319.54 28 YD COMP NEGO NEGO NEGO NEGO 30 YD COMP NEGO NEGO NEGO NEGO 35 YD COMP NEGO NEGO NEGO NEGO 40 YD COMP NEGO NEGO NEGO NEGO 42 YD COMP NEGO NEGO NEGO NEGO Per Ton Total per Load 20 YD OPEN 14.58 66.32 259.54 FRANCHISE FEE 6% COMMERCIAL HANDLOAD 1 XPER WEEK@ 19.08$PER MONTH (4 bag limit) CASTERS 32.81$/PER MONTH LOCKS 31.14$/LIFT RESIDENTIAL CURBSIDE TRASH 11.71$/MONTH RESIDENTIAL RECYCLING (2 Bins)2.43$/MONTH RESI & RECYCLE TOTAL:14.14$/MONTH EFFECTIVE DATE 2/1/2014 CITYHALL PHONE #682 / 831-4600 MUD CONTAINERS Monthly Rental Town of Trophy Club ALLIED WASTE SERVICES Franchised City Rates Exhibit A COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK Town Council Page 88 of 104 Meeting Date: Monday, December 16, 2013 Trash Recycle Total Hauler Service Trash Carts Recycle Carts Argyle 10.72$ 3.39$ 14.11$ Republic 1x / EOW Y Y Copper Canyon 10.27$ 3.99$ 14.26$ Republic 1x / EOW Y Y Bedford 7.98$ 2.15$ 10.13$ Republic 2x / 1x N N Colleyville 9.60$ 3.16$ 12.76$ Progressive 2x / 1x N Y Euless 8.23$ 2.45$ 10.68$ Republic/CWD 2x / 1x N Y Flower Mound 9.21$ included 9.21$ WM 1x / 1x Y Y Grapevine 9.54$ 2.97$ 12.51$ Republic 2x / 1x N Y Hurst 7.46$ 3.68$ 11.14$ Republic 2x / 1x N Y Keller 11.21$ included 11.21$ CWD 2x / 1x N N Mansfield 7.36$ 3.34$ 10.70$ Republic 2x / 1x Y Y North Richland Hills 8.41$ 2.34$ 10.75$ Republic 2x / 1x N N Richland Hills 8.70$ 2.39$ 11.09$ Republic 2x / 1x N N Roanoke 8.99$ 3.15$ 12.14$ Republic 1x / 1x Y Y Southlake 9.39$ 3.76$ 13.15$ Republic 2x / 1x N Y Trophy Club 11.71$ 2.43$ 14.14$ Republic 2x / 1x N N Westlake 8.00$ 2.75$ 10.75$ Republic 1x / 1x Y Y Watauga 6.82$ 3.28$ 10.10$ Progressive 1x / 1x Y Y Updated 12/10/13 - JH Town Council Page 89 of 104 Meeting Date: Monday, December 16, 2013 SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA 2 YD 70.00 136.22 204.31 272.40 340.52 408.61 24.47 3 YD 81.29 158.80 238.18 317.56 396.94 476.38 28.45 4 YD 92.60 181.36 272.05 362.74 453.42 544.11 32.41 6 YD 115.16 226.53 339.79 453.06 566.30 679.59 40.29 8 YD 137.74 271.70 407.53 386.92 679.23 815.07 48.20 COMMERCIAL RECYCLING (OCC ONLY) SIZE 1 X 6 YD 70.64 per month 8 YD 84.08 per month COMMERCIAL ROLLOFF RATES SIZE TYPE DELIVERY RENTAL TOTAL DEPOSIT PER DAY PER LD PER CONT 20 YD OPEN 109.32 8.42 420.45 319.54 25 YD OPEN 109.32 8.42 467.54 319.54 30 YD OPEN 109.32 8.42 474.27 319.54 35 YD OPEN NEGO NEGO 554.99 NEGO 40 YD OPEN 109.32 8.42 622.26 319.54 28 YD COMP NEGO NEGO NEGO NEGO 30 YD COMP NEGO NEGO NEGO NEGO 35 YD COMP NEGO NEGO NEGO NEGO 40 YD COMP NEGO NEGO NEGO NEGO 42 YD COMP NEGO NEGO NEGO NEGO Per Ton Total per Load 20 YD OPEN 14.58 66.32 259.54 FRANCHISE FEE 6% COMMERCIAL HANDLOAD 1 XPER WEEK@ 19.08$PER MONTH (4 bag limit) CASTERS 32.81$/PER MONTH LOCKS 31.14$/LIFT RESIDENTIAL CURBSIDE TRASH 11.71$/MONTH RESIDENTIAL RECYCLING (2 Bins)2.43$/MONTH RESI & RECYCLE TOTAL:14.14$/MONTH EFFECTIVE DATE 2/1/2014 CITYHALL PHONE #682 / 831-4600 MUD CONTAINERS Monthly Rental Town of Trophy Club ALLIED WASTE SERVICES Franchised City Rates Exhibit A COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK Town Council Page 90 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-791-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/9/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding financial and variance report dated November 2013. Attachments:November 2013 Financial Report.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding financial and variance report dated November 2013. Town Council Page 91 of 104 Meeting Date: Monday, December 16, 2013 12/10/2013 9:56:10 AM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 11/30/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Used Fund: 01 - GENERAL FUND Revenue 40 - Taxes 349,920.54199,671.155,215,231.00 5,215,231.00 -4,865,310.46 -6.71 % 41 - Licenses & Permits 205,867.66122,555.851,667,730.00 1,667,730.00 -1,461,862.34 -12.34 % 42 - Intergovernmental 76,709.6138,185.61217,008.00 217,008.00 -140,298.39 -35.35 % 43 - Fines & Fees 51,196.4239,854.80497,727.00 497,727.00 -446,530.58 -10.29 % 44 - Charges for Services 14,863.328,563.30198,763.00 198,763.00 -183,899.68 -7.48 % 45 - Rents 3,267.503,187.5055,000.00 55,000.00 -51,732.50 -5.94 % 47 - Investment Income 117.3345.125,500.00 5,500.00 -5,382.67 -2.13 % 48 - Sales 0.000.005,000.00 5,000.00 -5,000.00 0.00 % 49 - Other Financing Sources 0.000.008,000.00 8,000.00 -8,000.00 0.00 % 51 - Miscellaneous 7,724.973,903.1225,000.00 25,000.00 -17,275.03 -30.90 % 709,667.35415,966.457,894,959.00 7,894,959.00 -7,185,291.65Total Revenue:-8.99 % 709,667.35415,966.457,894,959.00 7,894,959.00 -7,185,291.65Total Fund: 01 - GENERAL FUND:-8.99 % Report Total:415,966.45 709,667.357,894,959.00 7,894,959.00 -7,185,291.65 -8.99 % Town Council Page 92 of 104 Meeting Date: Monday, December 16, 2013 12/10/2013 10:16:19 AM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 11/30/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityDepartmen… Current Total Budget Original Total Budget Percent Remaining Fund: 01 - GENERAL FUND Expense 140 - Manager's Office 103,832.7462,071.82872,640.54 872,640.54 768,807.80 88.10 % 160 - Legal 24,566.2413,855.30184,246.08 184,246.08 159,679.84 86.67 % 251 - Police 316,936.00195,791.071,963,011.02 1,963,011.02 1,646,075.02 83.85 % 255 - EMS 117,695.9678,908.54853,932.98 853,932.98 736,237.02 86.22 % 360 - Streets 55,762.6740,166.01444,452.08 444,452.08 388,689.41 87.45 % 400 - Parks 138,335.7886,914.05980,966.70 980,966.70 842,630.92 85.90 % 401 - Medians 43,946.5630,085.62306,771.51 306,771.51 262,824.95 85.67 % 450 - Recreation 31,011.2320,200.64553,828.00 553,828.00 522,816.77 94.40 % 460 - Community Events 1,863.271,863.2755,915.00 55,915.00 54,051.73 96.67 % 521 - Planning and Zoning 19,850.8510,997.71241,752.65 241,752.65 221,901.80 91.79 % 522 - Community Development 42,812.0827,519.38355,600.85 355,600.85 312,788.77 87.96 % 611 - Finance 53,654.8328,920.50395,439.63 395,439.63 341,784.80 86.43 % 615 - Municipal Court 10,999.087,321.7284,993.65 84,993.65 73,994.57 87.06 % 630 - Human Resources 4,442.593,294.6898,382.20 98,382.20 93,939.61 95.48 % 640 - Information Services 60,970.0822,483.67374,271.03 374,271.03 313,300.95 83.71 % 710 - Facilities Management 55,422.255,412.8172,200.00 72,200.00 16,777.75 23.24 % 1,082,102.21635,806.797,838,403.92 7,838,403.92 6,756,301.71Total Expense:86.19 % 1,082,102.21635,806.797,838,403.92 7,838,403.92 6,756,301.71Total Fund: 01 - GENERAL FUND:86.19 % Report Total:635,806.79 1,082,102.217,838,403.92 7,838,403.92 6,756,301.71 86.19 % Town Council Page 93 of 104 Meeting Date: Monday, December 16, 2013 GENERAL FUND November 2013 2/12 Months (16.67% of Fiscal Year) REVENUES Property Taxes – Property taxes are billed in October and due by January 31. Most payments are received in December and January before they become delinquent on February 1st. During the fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments are billed by Denton County. Collections to date are 5.5% (includes current, delinquent, and penalties and interest). Sales Tax – As shown below, the Town’s total current sales tax collections are exceeded by the prior year’s sales tax collections by $18,290 (9.03 %). Sales Tax Revenues are at 15.6% of the budgeted amount. Year to Date Sales Tax Collections Increase (Decrease) FY 2013 FY 2014 Total $ 202,349 $ 184,059 $ (18,290) Below is a chart comparing sales tax collections for the prior and current years by month. The amounts illustrated represent total sales tax collections which include portions for the general fund (50%), CCPD (12.5%) and 4B (25%), and the street maintenance fund (12.5%). (Additional Note: November collections are for September sales.) $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 Oc t No v De c Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Sales Tax Collections FY 2013 FY 2014 Town Council Page 94 of 104 Meeting Date: Monday, December 16, 2013 Franchise Fees – Franchise Fee revenue for the year totals $68,475 (9.4% of the budgeted amount). Licenses & Permits – Licenses and Permits revenue for the year totals $162,961 (17.4% of the budgeted amount). Intergovernmental – Represents amounts to be received from the Municipal Utility District and EDC 4B. Fines and Fees – Several fees related to recreation fall within this category and are seasonal. Court revenues are lower than anticipated at this time of year. Other Financing Sources – Represents transfers to be received from Trophy Club Park for services provided by the General Fund. Miscellaneous Revenue – Includes extraordinary and non-recurring sources of revenue. EXPENDITURES Information Services – Incode support paid annually (Software and Support) at the beginning of the fiscal year. Facilities Management – The Town’s annual property insurance premium was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expense represents 67.4% of the department’s budget). Town Council Page 95 of 104 Meeting Date: Monday, December 16, 2013 12/10/2013 9:35:49 AM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 11/30/2013 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining Fund: 09 - TROPHY CLUB PARK Revenue 43 - Fines & Fees 14,702.505,331.85130,000.00 130,000.00 -115,297.50 -88.69 % 14,702.505,331.85130,000.00 130,000.00 -115,297.50Total Revenue:-88.69 % Expense 50 - Personnel Services 6,710.174,289.3747,087.00 47,087.00 40,376.83 85.75 % 60 - Purchased Services 13,489.674,683.4855,349.00 55,349.00 41,859.33 75.63 % 70 - Supplies 6,446.824,426.4014,074.00 14,074.00 7,627.18 54.19 % 80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 % 99 - Other Financing Uses 0.000.008,000.00 8,000.00 8,000.00 100.00 % 26,646.6613,399.25129,710.00 129,710.00 103,063.34Total Expense:79.46 % -11,944.16-8,067.40290.00 290.00 -12,234.16Total Fund: 09 - TROPHY CLUB PARK: Report Total:-8,067.40 -11,944.16290.00 290.00 -12,234.16 Town Council Page 96 of 104 Meeting Date: Monday, December 16, 2013 TROPHY CLUB PARK FUND November 2013 2/12 Months (16.67% of Fiscal Year) REVENUES Park Revenue – Use of park is seasonal. EXPENDITURES Park Expenditures – Expenditures associated with Community Events total $5,314 of the $6,500 budgeted as of November 30, 2013. Town Council Page 97 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-792-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/9/2013 Town Council On agenda:Final action:12/16/2013 Title:Town Council Liaison Updates; discussion of same: * Parks & Recreation Board * Blue Ribbon Panel - Finance Subcommittee * Blue Ribbon Panel - Governance Subcommittee Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: * Parks & Recreation Board * Blue Ribbon Panel - Finance Subcommittee * Blue Ribbon Panel - Governance Subcommittee Town Council Page 98 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-793-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/9/2013 Town Council On agenda:Final action:12/16/2013 Title:Town Manager Slye's update regarding the following; discussion of same. * Ice Storm Update * Community Development Updates - Holiday Inn - High School Bridge - Fresh Meadow/Timber Ridge Drainage Project * LEED Tour of new Denco Facility * PID Committee Meeting Update * Toys for Tots Update * Council Retreat Attachments: Action ByDate Action ResultVer. Town Manager Slye's update regarding the following; discussion of same. * Ice Storm Update * Community Development Updates - Holiday Inn - High School Bridge - Fresh Meadow/Timber Ridge Drainage Project * LEED Tour of new Denco Facility * PID Committee Meeting Update * Toys for Tots Update * Council Retreat Town Council Page 99 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-794-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/9/2013 Town Council On agenda:Final action:12/16/2013 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Northwest Community Partners Meeting * LDS tour of the new Trophy Club Meetinghouse * Chamber Luncheon * Metroport * North Texas Commission * Lakeview Elementary Open House * TML Newly Elected Officials Conference (CM Lamont & CM Shoffner) Attachments: Action ByDate Action ResultVer. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Northwest Community Partners Meeting * LDS tour of the new Trophy Club Meetinghouse * Chamber Luncheon * Metroport * North Texas Commission * Lakeview Elementary Open House * TML Newly Elected Officials Conference (CM Lamont & CM Shoffner) Town Council Page 100 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-795-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/9/2013 Town Council On agenda:Final action:12/16/2013 Title:Items for Future Agendas. Attachments:Town Council Future Agenda Items List.pdf Action ByDate Action ResultVer. Items for Future Agendas. Town Council Page 101 of 104 Meeting Date: Monday, December 16, 2013 Town Council Future Agenda Items List (updated 12/13/2013) 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose 4/26/10) 3. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White 2/24/2011) 4. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell 5/7/2012) 5. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder 6/21/2012) 6. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder 8/20/2012) 7. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White 1/21/2013) 8. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) 9. Discussion and action for a new Town Logo (Tiffany 7/15) 10. Ordinance update regarding home occupation and number criteria for single family residential. (Lamont 7/15) 11. Discussion regarding animal shelter long and short term facility. (11/18/2013) Town Council Page 102 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-809-T Name: Status:Type:Executive Session Regular Session File created:In control:12/11/2013 Town Council On agenda:Final action:12/16/2013 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). “Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; communications with TCEQ; Town assets and related matters. (B) Texas Government Code Section 551.071(2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Sites for Police Facility Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2).“Consultation with Attorney” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; communications with TCEQ; Town assets and related matters. (B) Texas Government Code Section 551.071(2) “Consultation with Attorney” and Texas Government Code Section 551.072“Deliberations about Real Property” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property wheredeliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Sites for Police Facility Town Council Page 103 of 104 Meeting Date: Monday, December 16, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-810-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/12/2013 Town Council On agenda:Final action:12/16/2013 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 104 of 104 Meeting Date: Monday, December 16, 2013