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Agenda Packet TC 05/06/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:30 PMMonday, May 6, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:30 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. PRESENTATIONS 2013-260-T Presentation and overview by Public Information Officer April Reiling of the new Town Website; discussion of same. 2013-277-T Presentation of a Certificate of Recognition to the Byron Nelson Girls Golf Team. Cert of Recognition Girls.pdfAttachments: 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. May 6, 2013Town Council Meeting Agenda 2013-261-T Consider and take appropriate action regarding the Town Council Minutes dated April 22, 2013. tcm 4-22-13.pdfAttachments: 2013-262-T Consider and take appropriate action regarding a Proclamation declaring May 19 - 25, 2013 as Public Works Week. PublicWksProclamation.pdfAttachments: 2013-263-T Consider and take appropriate action regarding a Proclamation recognizing May 19-25, 2013 as EMS (Emergency Medical Services) Week. Proclamation EMS.pdfAttachments: 2013-264-T Consider and take appropriate action regarding a Proclamation declaring May 12-18, 2013 as National Police Week. NatlPoliceWeek.pdfAttachments: 2013-266-T Consider and take appropriate action regarding a contract between the Town and Intermedix Corporation for billing services and the use and disclosure of Protected Health Information in compliance with state and federal law. Staff Report.pdf ContractIntermedix.pdf Attachments: REGULAR SESSION 2013-275-T Presentation of the Town Mid Year Financial Update; discussion of same. 2013-265-T Consider and take appropriate action regarding a Proclamation declaring the month of June as Speed Awareness Month in Trophy Club. ProclamationJuneSPeedAwareness.pdfAttachments: 2013-269-T Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County to expand and modify the West Nile Virus Surveillance and Response Program; and authorizing the Mayor or her designee to execute all necessary documents. Staff Report ILA.pdf ILAContractTarrantCounty.pdf Attachments: May 6, 2013Town Council Meeting Agenda 2013-278-T Consider and take appropriate action regarding a Resolution granting the Town's consent to the provision of retail water and wastewater services by MUD1 for three (3) separate properties located in Village Center, Planned Development No. 27; and providing an effective date. Staff Report.pdf Resolution 2013-08.pdf ExhibitA.pdf Attachments: 2013-270-T Town Manager Slye's update regarding the following; discussion of same. - Police Department Facility Update - Feasability and TIF RFQ Update - Election Update - Back To Nature Update - Parks & Recreation Update 2013-271-T Mayor and Council Updates regarding training opportunities, educational sessions and regional meetings; discussion of same. - National Day of Prayer - Emergency Management Summit (Congressman Burgess) 2013-272-T Future Agenda Items FutureAgendaItemList.pdfAttachments: EXECUTIVE SESSION 2013-273-T Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed executive session as authorized by: (A) Section 551.071(2) "Consultation with Attorney" for consultation 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. (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. RECONVENE INTO REGULAR SESSION 2013-274-T To reconvene into Regular Session and take any action necessary as a result of the Closed 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 May 6, 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 May 3, 2013 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Amy M. Piukana, TRMC Town Secretary Town of Trophy Club, TX 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: ___________________________ 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-260-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Presentation and overview by Public Information Officer April Reiling of the new Town Website; discussion of same. Attachments: Action ByDate Action ResultVer. Title Presentation and overview by Public Information Officer April Reiling of the new Town Website; discussion of same. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-277-T Name: Status:Type:Agenda Item Draft File created:In control:5/1/2013 Town Council On agenda:Final action:5/6/2013 Title:Presentation of a Certificate of Recognition to the Byron Nelson Girls Golf Team. Attachments:Cert of Recognition Girls.pdf Action ByDate Action ResultVer. Title Presentation of a Certificate of Recognition to the Byron Nelson Girls Golf Team. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-261-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding the Town Council Minutes dated April 22, 2013. Attachments:tcm 4-22-13.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the Town Council Minutes dated April 22, 2013. MINUTES FROM REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 22, 2013 at 6:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, April 22, 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: Glenn Strother Mayor Pro Tem, Place 5 Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 TOWN COUNCIL MEMBERS ABSENT: Connie White Mayor STAFF MEMBERS PRESENT: Mike Slye Town Manager Patricia Adams Town Attorney Amy Piukana Town Secretary April Reiling Public Information Officer/Marketing Manager Michael Aguilera Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief Mayor Pro Tem Strother announced the date of April 22, 2013, called the Town Council to order and announced a quorum at 6:32 p.m. 1. Presentation by 2011 Youth Citizen of the Year Megan Rodgers and Friends regarding the Roanoke Food Pantry; discussion of same. A presentation was given by Megan Rodgers and Friends regarding fund raising for a walk- in cooler/freezer for the Roanoke Food Pantry. 2. Recognition of the 2012 Citizen of the Year nominees and announce the recipients; discussion of the same. The following 2012 Youth Citizen of the Year Nominees were recognized: • Rachael Freed • Jessica Hunter April 22, 2013 Town Council Minutes Page 2 of 8 • Anna Tappan • Brandon Michaelis • Jasmine Yackel Mayor Pro Tem Strother recognized Peyton Arata as the Youth Citizen of the Year Recipient. The following 2012 Adult Citizen of the Year Nominees were recognized: • Rhonda Radder • Susan Edstrom • Louis Hocker Mayor Pro Tem Strother recognized Tom Mills as the 2012 Adult Citizen of the Year recipient. Council took a brief recess at 6:55 p.m. Council reconvened at 7:00 p.m. 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 22, 2013. Council Member Mayer advised staff to bring forward a proclamation in May regarding a Speed Awareness Month in June. 4. Discussion of proposed agenda items for the May 6, 2013 Regular Session. CONVENE INTO REGULAR SESSION – ESTIMATED START TIME – 7:00 P.M. Reconvene regular session at 7:02 p.m. INVOCATION – The invocation was led by Council Member Tiffany. PLEDGES – Town Manager Mike Slye led the pledge of allegiance and pledge to the Texas Flag. 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. There were no citizens that wished to speak. April 22, 2013 Town Council Minutes Page 3 of 8 PROCLAMATIONS The next item discussed was Agenda Item No. 6. 6. Consider and take appropriate action regarding a Proclamation declaring May 2, 2013 as the National Day of Prayer. Council Member Tiffany read a proclamation declaring May 2, 2013 as National Day of Prayer. Ms. Irma Thomas was present to receive the proclamation and announced at noon on Thursday, May 2, 2013, prayer will be held at the Clock Tower on Trophy Club Drive. Council Member Rose made a motion to approve the proclamation declaring May 2, 2013 as the National Day of Prayer. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. Next Item discussed was Agenda Item No.5. 5. Consider and take appropriate action regarding a Proclamation Proclaiming the month of May as Motorcycle Safety and Awareness Month. Council Member Rose read a proclamation declaring the month of May as Motorcycle Safety and Awareness Month in the Town of Trophy Club. Council Member Rose made a motion to approve the month of May as Motorcycle Safety and Awareness Month in the Town of Trophy Club. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. Next item discussed was Agenda Item No. 7. 7. Consider and take appropriate action regarding a Proclamation declaring April 27, 2013 as Arbor Day. Council Member Schroeder read a proclamation declaring April 27, 2013 as Arbor Day. Council Member Schroeder made a motion to approve the proclamation declaring April 27, 2013 as Arbor Day, as amended. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. 8. Consider and take appropriate action regarding a Proclamation declaring May 6 - May 12, 2013 as National Nurses Week. Council Member Mayer read a proclamation declaring May 6 – May 12, 2013 as National Nurses Week. Council Member Mayer made a motion to approve the proclamation declaring May 6 – May 12, 2013 as National Nurses Week. Motion seconded by Council Member Rose. Motion approved by vote of 5-0. Mayor Pro Tem Strother announced that Assistant City Manager Stephen Seidel was out due to the birth of his son William Harrell Seidel. Mayor Pro Tem Strother expressed best wishes to the Seidel family on behalf of all the Town Council. CONSENT AGENDA April 22, 2013 Town Council Minutes Page 4 of 8 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. 9. Consider and take appropriate action regarding the Minutes dated April 8, 2013. 10. Consider and take appropriate action regarding a Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery Company, LLC.; and provding an effective date. 11. Consider and take appropriate action regarding a Resolution authorizing the Town of Trophy Club's continued participation with Atmos Cities Steering Committee (ACSC); authorizing the payment of the Town's 2013 assessment to ACSC in the amount of five ($.05) per capita in order to fund regulatory and other activities related to Oncor Electric Delivery Company, LLC.; and providing an effective date. 12. Consider and take appropriate action regarding necessary amendments to financial institution documents naming authorized Town representatives on First Financial and TexPool signature accounts. Council Member Rose made a motion to approve Consent Items 9-12. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. REGULAR ITEMS 13. Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" of the Code of Ordinances by adding Article XIV, "Motorized Carts" to Chapter 10 in order to regulate the use and operation of golf carts upon public streets within the Town; providing for an amendment to the Town's Code of Ordinances; providing a penalty; and providing an effective date. Town Manager Mike Slye briefed Council regarding this item. The following citizens addressed the Council regarding the proposed Ordinance: • Fred Allen • Dena Boudreau – (Read out loud a letter from Joyce Frye, 214 Durango Drive) • Randy Conn • Sean Weaver Council Member Rose made a motion to approve Ordinance 2013-11. Motion seconded by Council Member Tiffany. Council Member Rose amended his motion to remove the exemption that required golf carts be transported to the start of the parade (can be driven to the parade). Motion seconded by Council Member Tiffany. Motion approved by vote of 4- 1, Council Member Schroeder voting against. April 22, 2013 Town Council Minutes Page 5 of 8 Council Member Mayer made a motion to amend the motion on the floor, to add a section to the ordinance (under permitting) that we offer two types of permits: a daytime permit and a 24-hour permit. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. Council Member Rose made a motion to add daytime operation equipment required: headlamps, taillights, side reflectors, stop lamps, parking break, exterior mirror, windshield, horn, slow moving emblem plus 24-hour permit requires: all equipment that a daytime permit requires plus front and rear turn signals. Motion seconded by Council Member Tiffany. Mot ion approved by vote of 4-1, Council Member Schroeder voting in opposition. Council Member Rose made a motion to add a definition for daytime permit to comply with state law - allows golf cart use 30 minutes prior to sunrise and 30 minutes after sunset. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. Council Member Mayer made a motion to define a 24-hour permit to allow day or night operation. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. Council Member Mayer made a motion to add that the number of occupants in a Motorized Cart shall be limited to the number of persons for whom seating capacity is provided on the vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is being operated except while signaling turns or stops. A Driver shall not permit any occupant of a Cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in motion. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. Council Member Rose made a motion to add that golf carts may be used for towing to, from and within parades (i.e. a small trailer). Resident Jim Parrow spoke expressing safety concerns in regards to using golf carts as a towing device. Motion seconded by Council Member Tiffany. Motion failed by a vote of 2-3, Council Members Schroeder, Strother and Mayer voting against. Council Member Rose made a motion to add that a permit may be revoked if a permit holder or a driver (added or a driver) is convicted of three violations within an 18-month period. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. The final vote on the primary motion was approved by vote of 4-1, Council Member Schroeder voting against. Council took a brief recess at 8:42 p.m. Council reconvened at 8:47 p.m. 14. Consider and take appropriate action regarding acceptance of a Hazard Mitigation Action Plan grant; and authorizing the Town Manager or his designee to execute all necessary documents. Town Manager Mike Slye briefed Council regarding this item. April 22, 2013 Town Council Minutes Page 6 of 8 Council Member Mayer made a motion to approve the Hazard Mitigation Action Plan grant; and authorize the Town Manager or his designee to execute all necessary documents. Motion seconded by Council Member Tiffany. Council Member Rose amended his motion to receive clarification regarding TC MUD 1 participation with the plan. Motion seconded by Council Member Mayer. Motion approved by vote of 5-0. Resident and TC MUD No. 1 Secretary/Treasurer Kevin Carr spoke regarding this item. Primary motion approved by vote of 5-0. 15. Consider and take appropriate action regarding the adoption of a new Town Logo. The Town Manager briefed Council regarding the Town Logo. Town Manager Mike Slye was present to answer any questions. The following citizens spoke regarding this item: • Larry Hoover • Sean Weaver • Jim Parrow • Philip Shoffner – Passed out Byron Nelson High School student sketches of possible logo options at the dias. After discussion, Council Member Tiffany made a motion to approve the Town Logo as presented. Motion seconded by Council Member Rose. Motion failed by vote of 3-2, Council Members Mayer and Schroeder voting against. Council Member Schroeder instructed staff to reach out to Byron Nelson High School again to seek finalized versions of the sketches submitted at the dias. 16. Provide an informational update regarding a master sidewalk plan for Indian Creek Street rehabilitation project; discussion of same (no action). Town Engineer Tom Rutledge presented a Power Point presentation to Council regarding a study of Indian Creek sidewalk connectivity to the intersection of PD-30 and Trophy Club Drive. Council took no action on this item. (Informational only) 17. Consider and take appropriate action regarding the award of a contract to Jamail & Smith Construction, for rehabilitation and construction services for the Police Department Facility; and authorizing the Town Manager to execute necessary documents. Council Member Mayer made a motion to award a contract to Jamail & Smith Construction, for rehabilitation and construction services for the Police Department Facility; and authorizing the Town Manager to execute necessary documents. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0. April 22, 2013 Town Council Minutes Page 7 of 8 18. Consider and take appropriate action regarding March 2013 Monthly Financials. Finance Director Michael Aguilera briefed Council regarding this item. Council Member Rose made a motion to approve the March 2013 Monthly Financials. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. 19. Town Council Liaison Updates; EDC 4B Meeting; Mayor Pro Tem Strother and discussion of same. Mayor Pro Tem Strother updated Council regarding the April 15, 2013 EDC 4B Meeting. 20. Town Manager Slye's update regarding the following, and discussion of same: - Feasibility Study RFQ, TIF RFQ - TML IEBP Meeting April 24th - 26th Town Manage Mike Slye briefed Council regarding these items. 21. Items for Future Agendas. Council Member Schroeder advised staff to bring forward a discussion regarding ball park signage and reminded staff to promote June as Speed Awareness Month. Council Member Mayer advised staff to research and bring forward a tax incentive or grant assistance for the recovery and renewal of existing residential properties. Larry Hoover spoke urging Council to consider a Town Manager contract of (3) three years. EXECUTIVE SESSION – Council recessed into Executive Session at 10:00 p.m. 22. Pursuant to Texas Government Code, Annotated, Chapter 551, Council convened into Closed Executive Session as authorized by: A. Section 551.071 “Consultation with Attorney” for consultation 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 (551.071 (2)). (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. B. Section 551.074 to deliberate the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Annual evaluation of Town Manager, Mike Slye. 23. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. April 22, 2013 Town Council Minutes Page 8 of 8 Council reconvened into Regular Session at 11:38 p.m. As a result of Executive Session, Council Member Tiffany made a motion to pursue a retail arrangement with the Trophy Club MUD 1 and directed the Town Attorney to draft a counter proposal with a goal for delivery of the proposal to the Trophy Club MUD 1 by May 2013. Motion seconded by Council Member Rose. Motion approved by vote of 5-0. Council Member Mayer made a motion to approve the Town Manager’s Contract as a result of Executive Session effective May 16, 2013. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. ADJOURN Council Member Mayer made a motion to adjourn the meeting. Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0. Meeting adjourned at 11:46 p.m. Attest: Signed: ___________________________________ ___________________________________ Amy M. Piukana, TRMC, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-262-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding a Proclamation declaring May 19 - 25, 2013 as Public Works Week. Attachments:PublicWksProclamation.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation declaring May 19 - 25, 2013 as Public Works Week. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-263-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding a Proclamation recognizing May 19-25, 2013 as EMS (Emergency Medical Services) Week. Attachments:Proclamation EMS.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation recognizing May 19-25, 2013 as EMS (Emergency Medical Services) Week. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-264-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding a Proclamation declaring May 12-18, 2013 as National Police Week. Attachments:NatlPoliceWeek.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation declaring May 12-18, 2013 as National Police Week. ~(/o/a-?na-?i(/n In Recognition cif National Police Week 2013 and to honor the service and sacrifice of those law enforcement cifficers killed in the line cif duty while protecting our communities and safeguarding our democracy. WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of Trophy Club Police Department; WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 119 officers killed in 2012 and 201 officers killed in previous years; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund's 25 th Annual Candlelight Vigil, on the evening of May 13,2013; WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 12-18; WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half staff; Now ,Therefore; be it resolved that the Town of Trophy Club Town Council designates May 12-18, 2013, as Police Week in Trophy Club, and publicly salute the service of law enforcement in our community and across the nation. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-266-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding a contract between the Town and Intermedix Corporation for billing services and the use and disclosure of Protected Health Information in compliance with state and federal law. Attachments:Staff Report.pdf ContractIntermedix.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a contract between the Town and Intermedix Corporation for billing services and the use and disclosure of Protected Health Information in compliance with state and federal law. Town of Trophy Club To: Mayor and Town Council From: Danny Thomas, Fire Chief CC: Mike Slye, Town Manager Re: Town Council Meeting May 6, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a contract with Intermedix Corporation and the Town of Trophy Club for Protected Health Information and Business Associate Services. Explanation: Both the Town and Intermedix Corporation agree to all State and Federal regulations under this Business Associate Agreement and maintain the rules of Health Insurance Portability and Accountability Act (HIPAA) and Protected Health Information (PHI). Budget Impact: None Attachments: Business Associate Agreement. Town Council Goals: Goal #1& # 6: Safe and Secure Community / Healthy and Vibrant Provide superior Emergency Services Provide superior customer service Recommendation: Approve ILA with Intermedix Corp.. BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Agreement") is entered into between TOWN OF TROPHY CLUB ("Covered Entity") and INTERMED IX CORPORA TI ON, a DELA WARE CORPORATION, on behalf of itself and its subsidiaries and affiliates ("Business Associate"), effective as of September 23, 2013, or such earlier date as the Agreement is executed by both parties (the "Effective Date"). WHEREAS, Covered Entity and Business Associate have entered into, or plan to enter into, an arrangement pursuant to which Business Associate may provide services for Covered Entity that require Business Associate to access, create and use Protected Health Information ("PHI") that is confidential under state and/or federal law; and WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed by Covered Entity to Business Associate, or collected or created by Business Associate, in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIP AA"), and the regulations promulgated there under, including, without limitation, the regulations codified at 45 CFR Parts 160 and 164 ("HIPAA Regulations"); the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, and its implementing regulations and guidance issued by the Secretary of the Department of Health and Human Services (the "Secretary") (the "HITECH Act"); and other applicable state and federal laws, all as amended from time to time, including as amended by the Final Rule issued by the Secretary on January 17, 2013 titled "Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIP AA Rules"; and WHEREAS, the HIP AA Regulations require Covered Entity to enter into an agreement with Business Associate meeting certain requirements with respect to the Use and Disclosure of PHI, which are met by this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and the exchange of infonnation pursuant to this Agreement, the parties agree as follows: 1. Definitions. Capitalized terms used herein without definition shall have the meanings ascribed to them in the HIPAA Regulations or the HITECH Act, as applicable unless otherwise defined herein. 2. Obligations of Business Associate. a. Permitted Uses and Disclosures. Business Associate shall only Use or Disclose PHI for the purposes of (i) perfolming Business Associate's obligations under Exhibit A of this Agreement ("Exhibit A") and as permitted by this Agreement; or (ii) as permitted or Required By Law; or (iii) as otherwise pellnitted by this Agreement. Business Associate shall not Use or further Disclose PHI other than as permitted or required by this Agreement or as Required By Law. EMS Further, Business Associate shall not Use or Disclose PHI in any manner that would constitute a violation of the HIPAA Regulations or the HITECH Act if so used by Covered Entity, except that Business Associate may Use PHI (i) for the proper management and administration of Business Associate; and (ii) to carry out the legal responsibilities of Business Associate. Business Associate may Disclose PHI for the proper management and administration of Business Associate, to carry out its legal responsibilities or for payment purposes as specified in 45 CFR § 164.506(c)(l) and (3), including but not limited to Disclosure to a business associate on behalf of a covered entity or health care provider for payment purposes of such covered entity or health care provider, with the expectation that such parties will provide reciprocal assistance to Covered Entity, provided that with respect to any such Disclosure either: (i) the Disclosure is Required By Law; or (ii) for pennitted Disclosures when Required By Law, Business Associate shall obtain a written agreement from the person to whom the PHI is to be Disclosed that such person will hold the PHI in confidence and will not use and further disclose such PHI except as Required By Law and for the purpose(s) for which it was Disclosed by Business Associate to such person, and that such person will notify Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached. b. Appropriate Safeguards. Business Associate shall implement administrative, physical and technical safeguards that (i) reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of Covered Entity; and (ii) prevent the Use or Disclosure of PHI other than as contemplated by Exhibit A and this Agreement. c. Compliance with Security Provisions. Business Associate shall: (i) implement and maintain administrative safeguards as required by 45 CFR § 164.308, physical safeguards as required by 45 CFR § 164.310 and technical safeguards as required by 45 CFR § 164.312; (ii) implement and document reasonable and appropriate policies and procedures as required by 45 CFR § 164.316; and (iii) be in compliance with all requirements of the HITECH Act related to security and applicable as if Business Associate were a "covered entity," as such tenn is defined in HIP AA. d. Compliance with Privacy Provisions. Business Associate shall only Use and Disclose PHI in compliance with each applicable requirement of 45 CFR § 164.504(e). Business Associate shall comply with all requirements of the HITECH Act related to privacy and applicable as if Business Associate were a "covered entity," as such term is defined in HIPAA. To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the perfonnance of such obligation(s). e. Duty to Mitigate. Business Associate agrees to mitigate, to the extent practicable and mandated by law, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this Agreement. f. Encryption. To facilitate Business Associate's compliance with this Agreement and to assure adequate data security, Covered Entity agrees that all PHI provided or transmitted to Business Associate pursuant to Exhibit A shall be provided or transmitted in a manner which renders such PHI unusable, unreadable or indecipherable to unauthorized persons, through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2) ofthe HITECH Act. Covered Entity acknowledges that failure to do so could contribute to or permit a Breach requiring patient notification under the HITECH Act and further agrees that Business Associate shall have no liability for any Breach caused by such failure. 3. Reporting. a. Security Incidents and/or Unauthorized Use or Disclosure. Business Associate shall report to Covered Entity a successful Security Incident or any Use and/or Disclosure of PHI other than as provided for by this Agreement or permitted by applicable law within a reasonable time of becoming aware of such Security Incident and/or unauthorized Use or Disclosure (but not later than ten (10) days thereafter), in accordance with the notice provisions set forth herein. Business Associate shall take (i) prompt action to cure any such deficiencies as reasonably requested by Covered Entity, and (ii) any action pertaining to such Security Incident and/or unauthorized Use or Disclosure required by applicable federal and state laws and regulations. If such successful Security Incident or unauthorized Use or Disclosure results in a Breach as defined in the HITECH Act, then Covered Entity shall comply with the requirements of Section 3.b below. b. Breach of Unsecured PHI. The provisions of this Section 3.b are effective with respect to the Discovery of a Breach of Unsecured PHI occurring on or after September 23, 2009. With respect to any unauthorized acquisition, access, Use or Disclosure of Covered Entity's PHI by Business Associate, its agents or subcontractors, Business Associate shall (i) investigate such unauthorized acquisition, access, Use or Disclosure; (ii) determine whether such unauthorized acquisition, access, Use or Disclosure constitutes a reportable Breach under the HITECH Act; and (iii) document and retain its findings under clauses (i) and (ii). If Business Associate Discovers that a reportable Breach has occurred, Business Associate shall notify Covered Entity of such reportable Breach in writing within thirty (30) days of the date Business Associate Discovers such Breach. Business Associate shall be deemed to have discovered a Breach as of the first day that the Breach is either known to Business Associate or any of its employees, officers or agents, other than the person who committed the Breach, or by exercising reasonable diligence should have been known to Business Associate or any of its employees, officers or agents, other than the person who committed the Breach. To the extent the information is available to Business Associate, Business Associate's written notice shall include the information required by 45 CFR § 164.41 O(c). Business Associate shall promptly supplement the written report with additional information regarding the Breach as it obtains such information. Business Associate shalt cooperate with Covered Entity in meeting Covered Entity's obligations under the HITECH Act with respect to such Breach. 4. Business Associate's Agents. To the extent that Business Associate uses one or more subcontractors or agents to provide services under Exhibit A, and such subcontractors or agents receive or have access to PHI, Business Associate shall sign an agreement with such subcontractors or agents containing substantially the same provisions as this Agreement. 5. Rights ofIndividuals. a. Access to PHI. Within ten (l0) days of receipt of a request by Covered Entity, Business Associate shall make PHI maintained in a Designated Record Set available to Covered Entity or, as directed by Covered Entity, to an Individual to enable Covered Entity to fulfill its obligations under 45 CFR § 164.524. Subject to Section 5.b below, (i) in the event that any Individual requests access to PHI directly from Business Associate in connection with a routine billing inquiry, Business Associate shall directly respond to such request in compliance with 45 CFR § 164.524; and (ii) in the event such request appears to be for a purpose other than a routine billing inquiry, Business Associate shall forward a copy of such request to Covered Entity and shall fully cooperate with Covered Entity in responding to such request. In either case, a denial of access to requested PHI shall not be made without the prior written consent of Covered Entity. b. Access to Electronic Health Records. If Business Associate is deemed to use or maintain an Electronic Health Record on behalf of Covered Entity with respect to PHI, then, to the extent an Individual has the right to request a copy of the PHI maintained in such Electronic Health Record pursuant to 45 CFR § 164.524 and makes such a request to Business Associate, Business Associate shall provide such Individual with a copy of the information contained in such Electronic Health Record in an electronic format and, if the Individual so chooses, transmit such copy directly to an entity or person designated by the Individual. Business Associate may charge a fee to the Individual for providing a copy of such information, but such fee may not exceed Business Associate's labor costs in responding to the request for the copy. The provisions of 45 CFR § 164.524, including the exceptions to the requirement to provide a copy of PHI, shall otherwise apply and Business Associate shall comply therewith as if Business Associate were the "covered entity," as such term is defined in HIP AA. At Covered Entity's request, Business Associate shall provide Covered Entity with a copy of an Individual's PHI maintained in an Electronic Health Record in an electronic format and in a time and manner designated by Covered Entity in order for Covered Entity to comply with 45 CFR § 164.524, as amended by the HITECH Act. c. Amendment of PHI. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or an Individual, and in the time and manner designated by Covered Entity. d. Accounting Rights. This Section 5.d is subject to Section 5.e below. Business Associate shall make available to Covered Entity, in response to a request from an Individual, information required for an accounting of disclosures of PHI with respect to the Individual, in accordance with 45 CFR § 164.528, incorporating exceptions to such accounting designated under such regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request and shall not include any disclosures that were made prior to the compliance date of the HIPAA Regulations. Business Associate shall provide such information as is necessary to provide an accounting within ten (10) days of Covered Entity's request. Such accounting must be provided without cost to the Individual or to Covered Entity if it is the first accounting requested by an Individual within any twelve (12) month period; however, a reasonable, cost-based fee may be charged for subsequent accountings if Business Associate informs Covered Entity and Covered Entity informs the Individual in advance of the fee, and the Individual is afforded an opportunity to withdraw or modify the request. Such accounting obligations shall survive termination of this Agreement and shall continue as long as Business Associate maintains PHI. e. Accounting of Disclosures of Electronic Health Records. The provisions of this Section 5.e shall be effective on the date specified in the HITECH Act. If Business Associate is deemed to use or maintain an Electronic Health Record on behalf of Covered Entity, then, in addition to complying with the requirements set forth in Section 5.d above, Business Associate shall maintain an accounting of any Disclosures made through such Electronic Health Record for Treatment, Payment and Health Care Operations, as applicable. Such accounting shall comply with the requirements of the HITECH Act. Upon request by Covered Entity, Business Associate shall provide such accounting to Covered Entity in the time and manner specified by Covered Entity and in compliance with the HITECH Act. Altematively, if Covered Entity responds to an Individual's request for an accounting of Disclosures made through an Electronic Health Record by providing the requesting Individual with a list of all business associates acting on behalf of Covered Entity, then Business Associate shall provide such accounting directly to the requesting Individual in the time and manner specified by the HITECH Act. f. Agreement to Restrict Disclosure. If Covered Entity is required to comply with a restriction on the Disclosure of PHI pursuant to Section 13405 of the HITECH Act, then Covered Entity shall, to the extent necessary to comply with such restriction, provide written notice to Business Associate of the name of the Individual requesting the restriction and the PHI affected thereby. Business Associate shall, upon receipt of such notification, not Disclose the identified PHI to any health plan for the purposes of carrying out Payment or Health Care Operations, except as otherwise required by law. Covered Entity shall also notify Business Associate of any other restriction to the Use or Disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522. 6. Remuneration and Marketing. a. Remuneration for PHI. This Section 6.a shall be effective with respect to exchanges of PHI occurring six (6) months after the date of the promulgation of final regulations implementing the provisions of Section 13405( d) of the HITECH Act. On and after such date, Business Associate agrees that it shall not, directly or indirectly, receive remuneration in exchange for any PHI of Covered Entity except as otherwise permitted by the HITECH Act. b. Limitations on Use of PHI for Marketing Purposes. Business Associate shall not Use or Disclose PHI for the purpose of making a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless such communication: (I) complies with the requirements of subparagraph 0), (ii) or (iii) of paragraph (1) of the definition of marketing contained in 45 CFR § 164.501, and (2) complies with the requirements of subparagraphs (A), (B) or (C) of Section 13406(a)(2) of the HITECH Act, and implementing regulations or guidance that may be issued or amended from time to time. Covered Entity agrees to assist Business Associate in determining if the foregoing requirements are met with respect to any such marketing communication. 7. Governmental Access to Records. Business Associate shall make its internal practices, books and records relating to the Use and Disclosure of PHI available to the Secretary for purposes of determining Covered Entity's compliance with the HIPAA Regulations and the HITECH Act. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity of all requests served upon Business Associate for information or documentation by or on behalf of the Secretary. Business Associate shall provide to Covered Entity a copy of any PHI that Business Associate provides to the Secretary concurrently with providing such PHI to the Secretary. 8. Minimum Necessary. To the extent required by the HITECH Act, Business Associate shall limit its Use, Disclosure or request of PHI to the Limited Data Set or, if needed, to the minimum necessary to accomplish the intended Use, Disclosure or request, respectively. Effective on the date the Secretary issues guidance on what constitutes "minimum necessary" for purposes of the HIP AA Regulations, Business Associate shall limit its Use, Disclosure or request of PHI to only the minimum necessary as set forth in such guidance. 9. State Privacy Laws. Business Associate shall comply with state laws to extent that such state privacy laws are not preempted by HIPAA or the HITECH Act. 10. Termination. a. Breach by Business Associate. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate's obligations under this Agreement, then Covered Entity shall promptly notify Business Associate. With respect to such breach or violation, Business Associate shall take reasonable steps to cure such breach or end such violation, if possible. If such steps are either not possible or are unsuccessful, upon written notice to Business Associate, Covered Entity may terminate its relationship with Business Associate. b. Breach by Covered Entity. If Business Associate knows of a pattern of activity or practice of Covered Entity that constitutes a material breach or violation of Covered Entity's obligations under this Agreement, then Business Associate shall promptly notify Covered Entity. With respect to such breach or violation, Covered Entity shall take reasonable steps to cure such breach or end such violation, if possible. If such steps are either not possible or are unsuccessful, upon written notice to Covered Entity, Business Entity may terminate its relationship with Covered Entity. c. Effect of Termination. Upon termination of this Agreement for any reason, Business Associate shall either return or destroy all PHI, as requested by Covered Entity, that Business Associate or its agents or subcontractors still maintain in any form, and shall retain no copies of such PHI. If Covered Entity requests that Business Associate return PHI, such PHI shall be returned in a mutually agreed upon format and timeframe. If Business Associate reasonably determines that return or destruction is not feasible, Business Associate shall continue to extend the protections of this Agreement to such PHI, and limit further uses and disclosures of such PHI to those purposes that make the return or destruction of such PHI not feasible. If Business Associate is asked to destroy the PHI, Business Associate shall destroy PHI in a manner that renders the PHI unusable, unreadable or indecipherable to unauthorized persons as specified in the HITECH Act. 11. Amendment. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement any new or modified standards or requirements of HIPAA, the HIPAA Regulations, the HITECH Act and other applicable laws relating to the security or confidentiality of PHI. Upon the request of Covered Entity, Business Associate agrees to promptly enter into negotiation concerning the terms of an amendment to this Agreement incorporating any such changes. 12. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Covered Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. Effect on Underlying AITangement. In the event of any conflict between this Agreement and any underlying arrangement between Covered Entity and Business Associate, the terms of this Agreement shall control. 14. Survival. The provIsIOns of this Agreement shall survive the termination or expiration of any underlying arrangement between Covered Entity and Business Associate. 15. Interpretation. This Agreement shall be interpreted as broadly as necessary to implement and comply with HIPAA, the HIP AA Regulations and the HITECH Act. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with such laws. 16. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. 17. Notices. All notices required or permitted under this Agreement shall be in writing and sent to the other paliy as directed below or as otherwise directed by either party, from time to time, by written notice to the other. All such notices shall be deemed validly given upon receipt of such notice by certified mail, postage prepaid, facsimile transmission, e-mail or personal or courier delivery: If to Covered Entity: Town of Trophy Club 100 Municipal Dr. Trophy Club, TX 76262 Attn: Town Manager Telephone no: _______________ Facsimile no: _______________ If to Business Associate: Intennedix Corporation 6451 N. Federal Highway, Suite 1000 Ft. Lauderdale, Fl 33308 Attn: Gregg Bloom, Chief Compliance Officer Telephone no: 954-308-8702 Facsimile no: 954-308-8725 IN WITNESS WHEREOF, the parties hereto have duly executed this as of the Effective Date. COVERED ENTITY INTERMEDIX CORPORATION, a DELA WARE CORPORATION, on behalf of itself']subsidiaries ~d affiliates By: _____________ Name:____________ ~~~e: GredMooin~ Title:____________ Title: Chief Compliance Officer Date:____________ Date: April 23, 2013 EXHIBIT A The following services to be performed by Business Associate require Business Associate to access, create and use PHI on behalf of Covered Entity in accordance with the Agreement: )0> Prepare and submit initial claims and bills for Covered Entity promptly upon receipt thereof, and prepare and submit secondary claims and bills promptly after identification of the need to submit a secondary claim. Assist Covered Entity in identifying necessary documentation in order to process and bill the accounts. Direct payments to a lockbox or bank account designated by Covered Entity, to which Covered Entity alone will have signature authority. Pursue appeals of denials, partial denials and rejections when deemed appropriate by Business Associate. )0> Respond to and follow up with payors and respond to messages or inquiries from a payor. )0> Provide appropriate storage and data back-up for records pertaining to Covered Entity's bills and collections, accessible to Covered Entity at reasonable times. )0> Maintain records of services performed and financial transactions. )0> Meet, as needed, with representatives of Covered Entity to discuss results, problems· and recommendations. Provide any Covered Entity-designated collection agency with the data necessary collection services to be performed when an account is refelTed to such agency. for Support the provider in filing and maintaining required documentation and agreements with commonly-used payors (e.g., Medicare, Medicaid, Champus, etc.). Provide reasonably necessary training periodically, as requested by Covered Entity, to Covered Entity's emergency medical personnel regarding the gathering of the necessary information and proper completion of run reports. Utilize up-to-date knowledge and information with regard to coding requirements and standards, to comply with applicable federal, state and local regulations. Provide a designated liaison for Covered Entity, patient and other payor concems. Provide a toll free telephone number for patients and other payors to be answered as designated by Covered Entity. Facilitate proper security of confidential information and proper shredding of disposed materials containing such information. Establish arrangements with hospitals to obtain/verify patient Insurance and contact information. Respond to any Covered Entity, payor or patient inquiry or questions promptly. Maintain appropriate accounting procedures for reconciling deposits, receivables, billings, patient accounts, adjustments and refunds. Provide reasonable access to Covered Entity for requested information in order for Covered Entity to perform appropriate and periodic audits. Provide timely reports facilitating required aspects of monitoring, evaluating, auditing and managing the services provided. Process refund requests and provide Covered Entity with documentation substantiating each refund requested. Assign billing to patient account numbers providing cross-reference to Covered Entity's assigned transport numbers. Maintain responsibility for obtain.ing missing or incomplete insurance information. » Provide accurate coding of medical claims based on information provided by Covered Entity. » Negotiate and arrange modified payment schedules for individuals unable to pay full amount when billed. Retain accounts for a minimum of twelve (12) months (unless otherwise specified by mutual agreement) and after twelve (12) months turn over accounts for which no collection has been made (unless insurance payment is pending) to an agency designated by Covered Entity. Permit real-time read only electronic look-up access by Covered Entity to Business Associate's billing system and SaaS Service, if applicable, to obtain patient data and billing information. Maintain records in an electronic format that is readily accessible by Covered Entity's personnel and that meets federal and state requirements for maintaining patient medical records. If Covered Entity has purchased Business Associate's TripTix® product, Business Associate shall provide TripTix® based reporting extract of data required by state or local regulatory authorities connectivity/interface in a format reasonably required by such authorities. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-275-T Name: Status:Type:Agenda Item Draft File created:In control:4/30/2013 Town Council On agenda:Final action:5/6/2013 Title:Presentation of the Town Mid Year Financial Update; discussion of same. Attachments: Action ByDate Action ResultVer. Title Presentation of the Town Mid Year Financial Update; discussion of same. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-265-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding a Proclamation declaring the month of June as Speed Awareness Month in Trophy Club. Attachments:ProclamationJuneSPeedAwareness.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Proclamation declaring the month of June as Speed Awareness Month in Trophy Club. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-269-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County to expand and modify the West Nile Virus Surveillance and Response Program; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Staff Report ILA.pdf ILAContractTarrantCounty.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County to expand and modify the West Nile Virus Surveillance and Response Program; and authorizing the Mayor or her designee to execute all necessary documents. Town of Trophy Club To: Mayor and Town Council From: Danny Thomas, Fire Chief CC: Mike Slye, Town Manager Re: Town Council Meeting May 6, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding an interlocal agreement with Tarrant County to expand and modify the West Nile Virus Surveillance and Response Program. Explanation: The Town and Tarrant County are teaming together to create a West Nile Virus Mosquito Surveillance and Response Program. Tarrant County will provide the trapping equipment and test results. Trophy Club will be responsible for monitoring the traps and delivering to the labs. Budget Impact: None Attachments: West Nile Virus Mosquito Surveillance and Response Program Agreement. Town Council Goals: Goal #1& # 6: Safe and Secure Community / Healthy and Vibrant Provide superior Emergency Services Provide superior customer service Recommendation: Approve West Nile Virus Mosquito Surveillance and Response Program 1 INTERLOCAL COOPERATION AGREEMENT _______________________________________________________________________ This INTERLOCAL COOPERATION AGREEMENT (“Agreement”) is entered into by and between the CITY OF TROPHY CLUB (“City”), a home rule municipal corporation organized under the laws of the State of Texas, and the COUNTY OF TARRANT (“County”), a county organized under the laws of the State of Texas for the purpose of implementing a West Nile Virus Mosquito Surveillance and Response Program. FINDINGS The City and County make the following findings in support of entering into this Agreement: A. The County has consulted with representatives from the Centers for Disease Control, Texas A&M University, Mosquito Control Districts, the State of Texas and local municipalities to create a West Nile Virus Mosquito Surveillance and Response Program; B. West Nile Virus infections represent a serious public health threat to the citizens of the County and the City; C. Mosquitoes spread disease without regard to city or county boundaries; D. The performance of this Agreement by both the City and County will be in the common interest of both parties and will benefit the general public; E. County and City are making payment, if applicable, from current revenues available to the paying party; F. Any payment required by this Agreement is in an amount that fairly compensates the performing party for the services or functions performed under this Agreement; and G. The governing bodies of County and City have each authorized this Agreement. 2 The City and the County agree as follows: AGREEMENT 1. WEST NILE VIRUS MOSQUITO SURVEILLANCE AND RESPONSE PROGRAM. County and City are teaming together to create a West Nile Virus Mosquito Surveillance and Response Program. This program will include the provision of numerous mosquito traps, monitoring the traps, and testing the mosquitoes trapped. 2. TERM. The term of this Agreement commences on the date of complete execution of this Agreement (the “Effective Date”) and will expire on September 30, 2013. However, this Agreement will automatically renew for successive terms of 1 year each commencing October 1 of a given year and expiring September 30 of the following year. Either party may terminate this Agreement on 60 days written notice prior to the beginning of any term of this Agreement. 3. DESCRIPTION OF PROGRAM. 3.1. Surveillance Equipment. The County will provide the City with (i) 1 Gravid Mosquito Trap with electrical batteries, (ii) a battery charger, (iii) an aspirator and (iv) sufficient transport containers. Equipment will be returned to the County if the City no longer uses the equipment as part of this program. 3.2. Surveillance Services The County will provide the City with (i) a schedule for sample submissions, (ii) processing and testing of the mosquitoes for the presence of West Nile Virus and St. Louis Encephalitis virus, (iii) reports of the test results, (iv) analysis of regional data, and (v) recommendations for response options. 3.3. Trap Operation City will operate the provided traps in a manner and number in accordance with the plan specified by the county. Trapped mosquito samples will be submitted to the County according to the schedule issued by the County with the information required. 3.4. Education The County will provide City with (i) education regarding the placement and operation of mosquito traps and (ii) education in Integrated Pest Management methods of mosquito control (iii) a response plan model and assist with adapting the response plan to the City’s needs. 3 3.5. Communication Each party will provide at least two points of contact for the exchange of information. 3.6. Cooperative Purchasing Contracts initiated by the County for services related to the surveillance or control of disease carrying mosquitoes will include provision for cooperative purchasing. 3.7 Cost Sharing A cost sharing model will be developed wherein the City would be responsible for the cost associated with response activities i.e., adulticiding, within their jurisdiction. 4. INDEPENDENT CONTRACTOR. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. 5. LIABILITY. Nothing in the performance of this Agreement may impose any liability for claims against the City or the County other than claims for which liability may be imposed by the Texas Tort Claims Act. 6. NOTICES. All written notices called for or required by this Agreement must be addressed to the following, or other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: County: Attn: ____________________ Attn: County Administrator _______________________ Tarrant County Administration Building _______________________ 100 E. Weatherford Street _______________________ Fort Worth, TX 76196 4 7. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City’s Charter and ordinances, as amended. 8. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder will not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion. 9. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement venue for such action will lie in state district courts located in Tarrant County, Texas. This Agreement must be construed in accordance with the laws of the State of Texas. 10. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the City and County and are not intended to create any rights, contractual or otherwise, to any other person or entity. 11. INTERPRETATION. In the event of any dispute over the meaning or application of any provision, of this Agreement this Agreement will be interpreted fairly and reasonably, and neither more strongly for or against any patty, regardless of the actual drafter of this Agreement. 12. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and may not be deemed a part of this Agreement. 13. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement 5 between the City and County as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 14. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which will be considered an original, but all of which will constitute one instrument. EXECUTED as of the last date indicated below: CITY OF TROPHY CLUB: COUNTY OF TARRANT: By: ___________________ By:____________________ B. Glen Whitley City Manager County Judge Date:____________________ Date:________________ APPROVED AS TO FORM/LEGALITY: APPROVED AS TO FORM: By: ____________________________ By: ____________________ City Attorney Assistant District Attorney* *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney (s). 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-278-T Name: Status:Type:Agenda Item Draft File created:In control:5/1/2013 Town Council On agenda:Final action:5/6/2013 Title:Consider and take appropriate action regarding a Resolution granting the Town's consent to the provision of retail water and wastewater services by MUD1 for three (3) separate properties located in Village Center, Planned Development No. 27; and providing an effective date. Attachments:Staff Report.pdf Resolution 2013-08.pdf ExhibitA.pdf Action ByDate Action ResultVer. Title Consider and take appropriate action regarding a Resolution granting the Town's consent to the provision of retail water and wastewater services by MUD1 for three (3) separate properties located in Village Center, Planned Development No. 27; and providing an effective date. Town of Trophy Club To: Mayor and Town Council From: Mike Slye, Town Manager Re: Town Council Meeting May 6, 2013 ___________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a Resolution granting the Town’s consent to the provision of retail water and wastewater services by MUD1 to properties within the town, but outside the MUD1 district boundaries and the PID boundaries: and providing an effective date. Explanation: According to MUD1 (excerpt from Section 49.215(a) of the Texas Water Code below), the town must grant authority for all properties outside the MUD1 district boundaries for the MUD1 to provide water/wastewater services. There are 3 properties that are neither located within the PID or the MUD1district boundaries. This resolution would grant that authority for all three of those properties. Section 49.215(a) Water Code: A district may purchase, construct, acquire, own, operate, repair, improve, or extend all works, improvements, facilities, plants, equipment, and appliances necessary to provide any services or facilities authorized to be provided by the district to areas contiguous to or in the vicinity of the district provided the district does not duplicate a service or facility of another public entity. A district providing potable water and sewer utility services to household users shall not provide services or facilities to serve areas outside the district that are also within the corporate limits of a city without securing a resolution or ordinance of the city granting consent for the district to serve the area within the city. Attachments: Resolution 2013-08 Town Council Goals: Goal #5: Financial and Operational Stewardship Hire, develop, 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: Town Staff recommends Town Council approve Resolution 2013-08, as presented. TOWN OF TROPHY CLUB RESOLUTION NO. 2013-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS GRANTING CONSENT TO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TO PROVIDE RETAIL WATER AND WASTEWATER SERVICES TO THREE (3) SEPARATE PROPERTIES LOCATED WITHIN THE TOWN, BUT OUTSIDE THE MUNICIPAL UTILITY DISTRICT NO. 1 BOUNDARY AND THE PID BOUNDARIES, AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 49.215(a) of the Texas Water Code provides that a water district that provides potable water and sewer utility services to household users shall not provide services or facilities to serve areas outside the district that are also within the corporate limits of a city without securing a resolution or ordinance of the city granting consent for the district to serve the area within the city; and WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) has received a request from a property owner(s) that it provide retail water and wastewater services to that certain real property located in the Village Center, Planned Development No. 27, known as Lot 1, Block 1 of Trophy Club Drive Church Addition, being approximately 6.3702 acres; Tract 1, of the J. Henry Survey, A0529A, consisting of approximately 2.532 acres; and Tract 2, of the J. Henry Survey A0529A, consisting of approximately 4.5161 acres as more particularly described in Exhibit “A” attached hereto and incorporated herein (the “Property”), which Property is located outside the boundaries of the District and within the corporate limits of the Town of the Trophy Club, Texas (the “Town”); and WHEREAS, the Town desires to grant its consent to the provision of retail water and wastewater services by the District to customers within the Property. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas hereby consents to the provision of retail water and wastewater services by Trophy Club Municipal Utility District No. 1 to and within that certain real Property more particularly described in Exhibit “A” attached hereto. Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 6th day of May, 2013. Town of Trophy Club ___________________________ Connie White, Mayor Attest: ________________________ Amy M. Piukana, TRMC Town Secretary Approved as to Form: Patricia A. Adams, Town Attorney Exhibit “A” 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-270-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Town Manager Slye's update regarding the following; discussion of same. - Police Department Facility Update - Feasability and TIF RFQ Update - Election Update - Back To Nature Update - Parks & Recreation Update Attachments: Action ByDate Action ResultVer. Title Town Manager Slye's update regarding the following; discussion of same. - Police Department Facility Update - Feasability and TIF RFQ Update - Election Update - Back To Nature Update - Parks & Recreation Update 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-271-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Mayor and Council Updates regarding training opportunities, educational sessions and regional meetings; discussion of same. - National Day of Prayer - Emergency Management Summit (Congressman Burgess) Attachments: Action ByDate Action ResultVer. Title Mayor and Council Updates regarding training opportunities, educational sessions and regional meetings; discussion of same. - National Day of Prayer - Emergency Management Summit (Congressman Burgess) 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-272-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Future Agenda Items Attachments:FutureAgendaItemList.pdf Action ByDate Action ResultVer. Title Future Agenda Items Town of Trophy Club Town Council Future Agenda Items List 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 updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 5. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 6. 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) 7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder, 6/21/2012) 8. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 9. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013) 10. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-273-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed executive session as authorized by: (A) Section 551.071(2) "Consultation with Attorney" for consultation 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. (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. Attachments: Action ByDate Action ResultVer. Title Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed executive session as authorized by: (A) Section 551.071(2) "Consultation with Attorney" for consultation 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. (1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance of utility system assets and provision of retail water and wastewater services, approval and parameters of representation, and related matters. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-274-T Name: Status:Type:Agenda Item Draft File created:In control:4/29/2013 Town Council On agenda:Final action:5/6/2013 Title:To reconvene into Regular Session and take any action necessary as a result of the Closed Session. Attachments: Action ByDate Action ResultVer. Title To reconvene into Regular Session and take any action necessary as a result of the Closed Session.