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Agenda Packet 10/25/2022Town of Trophy Club Meeting Agenda Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 October 25, 2022 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Fleury INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes  PLEDGES led by Council Member Oldham Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org ANNOUNCEMENTS AND REPORTS 1.Badge pinning for new Police Officers and Fire personnel (W. Carroll). 2.Update from One Source on fiber optics project (W. Carroll). 3.Fire Department Open House, November 5, 2022 (J. Wise). 4.Issuance of Proclamation 2022­25 proclaiming Veterans Day in Trophy Club (Mayor Fleury). 5.Veterans Day Event Update (W. Carroll) 6.Parks and Recreation Board update (T. Jaramillo). 7.Community Clean­up reminder (M. Cox) CONSENT AGENDA 8.Take appropriate action to approve the Regular Town Council Meeting Minutes of October 11, 2022 (A. Otterson). 9.Consider and take appropriate action regarding (18) eighteen purchase orders for FY23 (W. Carroll). INDIVIDUAL ITEMS 10.Take appropriate action adopting Ordinance 2022­32 regarding the Municipal Utility District No. 1’s amendment to decrease fees for customers within the boundaries of the Public Improvement District No. 1 (The Highlands) (W. Carroll). 11.Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 12.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session to discuss the following:      a)  Section 551.071 Attorney­Client Privilege – Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. RECONVENE INTO REGULAR SESSION ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, October 21, 2022  by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Debra Emond Records Analyst If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you.   Town Council  Tuesday, October 25, 2022 Town of Trophy ClubMeeting AgendaTown Council 1 Trophy Wood DriveTrophy Club, Texas 76262October 25, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member OldhamPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.Badge pinning for new Police Officers and Fire personnel (W. Carroll).2.Update from One Source on fiber optics project (W. Carroll).3.Fire Department Open House, November 5, 2022 (J. Wise). 4.Issuance of Proclamation 2022­25 proclaiming Veterans Day in Trophy Club (Mayor Fleury). 5.Veterans Day Event Update (W. Carroll) 6.Parks and Recreation Board update (T. Jaramillo). 7.Community Clean­up reminder (M. Cox) CONSENT AGENDA 8.Take appropriate action to approve the Regular Town Council Meeting Minutes of October 11, 2022 (A. Otterson). 9.Consider and take appropriate action regarding (18) eighteen purchase orders for FY23 (W. Carroll). INDIVIDUAL ITEMS 10.Take appropriate action adopting Ordinance 2022­32 regarding the Municipal Utility District No. 1’s amendment to decrease fees for customers within the boundaries of the Public Improvement District No. 1 (The Highlands) (W. Carroll). 11.Future Agenda Items List (W. Carroll). EXECUTIVE SESSION 12.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session to discuss the following:      a)  Section 551.071 Attorney­Client Privilege – Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. RECONVENE INTO REGULAR SESSION ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, October 21, 2022  by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Debra Emond Records Analyst If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you.   Town Council  Tuesday, October 25, 2022 Town of Trophy ClubMeeting AgendaTown Council 1 Trophy Wood DriveTrophy Club, Texas 76262October 25, 2022 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member OldhamPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgANNOUNCEMENTS AND REPORTS1.Badge pinning for new Police Officers and Fire personnel (W. Carroll).2.Update from One Source on fiber optics project (W. Carroll).3.Fire Department Open House, November 5, 2022 (J. Wise).4.Issuance of Proclamation 2022­25 proclaiming Veterans Day in Trophy Club (MayorFleury).5.Veterans Day Event Update (W. Carroll)6.Parks and Recreation Board update (T. Jaramillo).7.Community Clean­up reminder (M. Cox)CONSENT AGENDA8.Take appropriate action to approve the Regular Town Council Meeting Minutes ofOctober 11, 2022 (A. Otterson).9.Consider and take appropriate action regarding (18) eighteen purchase orders forFY23 (W. Carroll).INDIVIDUAL ITEMS10.Take appropriate action adopting Ordinance 2022­32 regarding the Municipal UtilityDistrict No. 1’s amendment to decrease fees for customers within the boundaries ofthe Public Improvement District No. 1 (The Highlands) (W. Carroll).11.Future Agenda Items List (W. Carroll).EXECUTIVE SESSION12.Pursuant to the following designated section of the Texas Governmental Code,Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recessinto executive session to discuss the following:     a)  Section 551.071 Attorney­Client Privilege – Deliberate a possible InterlocalAgreement with multiple governmental entities to provide services to Trophy Clubcitizens.RECONVENE INTO REGULAR SESSIONADJOURNOne or more members of the Town Council may participate remotely using videoconferencing pursuant to Chapter 551 of the Texas Government Code.One or more members of the Town Council may participate remotely using videoconferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, October 21, 2022  by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Debra Emond Records Analyst If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you.   Town Council  Tuesday, October 25, 2022 Proclamation 2022-25 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL SUPPORTING NOVEMBER 11, 2022 AS VETERANS DAY IN TROPHY CLUB; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it became our custom to commemorate November 11, the anniversary of the ending of World War I, by paying tribute to the heroes of that tragic struggle and by rededicating ourselves to the cause of peace; and WHEREAS, in the intervening years the United States has been involved in many great military conflicts, which have added millions of veterans, living and dead to the honor rolls of this Nation; and WHEREAS, the Congress passed a concurrent resolution on June 4, 1928, calling for the observance of November 11 with appropriate ceremonies, and later provided in an act approved May 13, 1938, that the eleventh of November should be a legal holiday and should be known as Armistice Day; and WHEREAS, in order to expand the significance of that commemoration and in order that a grateful nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation, the Congress, by an act approved June 1, 1954, and signed by President Dwight D. Eisenhower, changed the name of the holiday to Veterans Day; and WHEREAS, eight percent of the population of the Town of Trophy Club are veterans of military service ranging from World War II to the Global War on Terror; and WHEREAS, veterans serve our community through leadership positions on Town Council, Town Staff, and are employed by the Veterans Administration Healthcare System and volunteer with the Metroport Veterans Association, Trophy Club Women’s Club, Trophy Club Rotary, and GallentFew to continue to recognize patriotic observances. NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL, DO HEREBY PROCLAIM: NOVEMBER 11, 2022 AS VETERANS DAY On this day let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us reconsecrate ourselves to the task of promoting and enduring peace so that their efforts shall not have been in vain. PASSED AND APPROVED by the Trophy Club Town Council this 25th day of October 2022. ____________________________ _______________________________ Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 4 1 Town of Trophy Club Town Council Regular Session Minutes Tuesday, October 11, 2022; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, October 11, 2022. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Jason Wise Fire Chief Patrick Arata Police Chief Tony Jaramillo Director of Parks and Recreation Anita Otterson Town Secretary Matt Cox Community Development Director CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7:00 PM and noted a quorum with all Council Members present. INVOCATION led by Pastor Joel Quile from Bara Church PLEDGES led by Council Member Flynn Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PROCLAMATIONS 2.Issuance of Proclamation 2022-20 proclaiming October as Pregnancy and Infant Loss Awareness Month in Trophy Club. (Mayor Fleury). Mayor Fleury motioned to approve the proclamation as read. The motion was seconded by Council Member Beach. The motion passed unanimously 7-0. 3. Issuance of Proclamation 2022-21 proclaiming National Bullying Prevention Month (Mayor Fleury). Mayor Fleury motioned to approve the proclamation as read. The motion was seconded by Council Member Monger. The motion passed unanimously 7-0. 5 2 4. Issuance of Proclamation 2022-22 proclaiming National Domestic Violence Awareness Month (Mayor Fleury). Mayor Fleury motioned to approve the proclamation as read. The motion was seconded by Council Member Beach. The motion passed unanimously 7-0. 5. Issuance of Proclamation 2022-23 proclaiming Fire Prevention Month (Mayor Fleury). Mayor Fleury motioned to approve the proclamation as read. The motion was seconded by Council Member Flynn. The motion passed unanimously 7-0. 6. Issuance of Proclamation 2022-24 proclaiming First Responders’ Day (Mayor Fleury). Mayor Fleury motioned to approve the proclamation as read. The motion was seconded by Council Member Monger. The motion passed unanimously 7-0. 7. Rotary Club First Responders event (J. Wise) PUBLIC COMMENTS Jennifer Olson, 340 Inverness Drive – Ms. Olson stated that she sent Mayor and Council an email prior to the meeting and she feels that it is important for them to read it. She is asking that before Council goes to Consent Agenda Item #13, they read the email and do not approve everything under the 17 Purchase Orders that are listed. ANNOUNCEMENTS AND REPORTS 8. TCWC Garage Sale October 15 (W. Carroll). Teryl Flynn stated that proceeds from the Spring and Fall Garage Sale go towards scholarships for Trophy Club’s high school seniors. In the past they have been able to raise $11,000-$15,000 for scholarships. 1. Business Spotlight – YogaSix, Mark Hrubant (Mayor Fleury). Mr. Hrubant stated that they will have hot and warm yoga classes and they have a body weight suspension system. They will offer classes throughout the day and also hold workshops. 9. Community Clean-Up October 29, 2022 (M. Cox). Mr. Cox stated that the event will be held again at BNHS, and last year they had about 300 cars drop off items. 10. Update on early voting and election day (A. Otterson). Ms. Otterson stated that early voting will run from October 24th through November 4th with voting at the MUD Bldg for Denton County residents and Southlake Town Hall for Tarrant County residents. Election Day will be on November 8th. Denton County residents must vote at their assigned precinct location – either the MUD Building or Byron Nelson High School and Tarrant County residents can vote at Trophy Club Town Hall. 11. Announcement of Fright Lights Contest (T. Jaramillo). Mr. Jaramillo stated that the Fright Lights contest will run through October 18th with judging on October 19th. CONSENT AGENDA 12. Take appropriate action to approve the Regular Town Council Meeting minutes for September 27, 2022 (A. Otterson). 13. Consider and take appropriate action on 17 purchase orders for FY23 (W. Carroll). 6 3 Mayor Fleury stated that on Monday Town Manager Carroll informed Council that he would pull item #13 from the Consent Agenda so item #12 was the only item to be approved. Mayor Pro Tem Lamont made a motion to approve Item #12 on the consent Agenda. The motion was seconded by Council Member Flynn. The motion passed unanimously 7-0. INDIVIDUAL ITEMS 14. Future Agenda Items List (W. Carroll). Mr. Carroll introduced new HR Director Denise Deprato. Mr. Carroll gave an update on the entryway monumentation project. Town Attorney Dodd gave an update on the MUD confirmation of property vs. services. Mr. Dodd stated that he was asked to look into when elections are held at the MUD building how does that effect campaigning and signs at the fire station site. Both lots are owned by the MUD. Research of Town Ordinances on electioneering and signs shows that it requires authority from the owner of the property. Even though we have an ILA with the MUD to provide fire services at the fire station, we are not the owner. EXECUTIVE SESSION 15. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Town Council will recess into executive session to discuss the following: a. Section 551.087 – Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b. Section 551.071 Attorney -Client Privilege – Deliberate a possible interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. Mayor Fleury announced that Council was going into executive session at 7:49 PM. RECONVENE INTO REGULAR SESSION Mayor Fleury announced Council was reconvening into Regular Session at 8:46 PM There was no further business. ADJOURN Mayor Fleury adjourned the meeting at 8:46 pm. Attest: __________________________ __________________________ Anita Otterson, Town Secretary Alicia L. Fleury, Mayor 7 To: From: CC: Re: Mayor and Town Council Wade L. Carroll, Town Manager Anita Otterson, Town Secretary Approval of FY23 Purchase Orders (18) Town Council Meeting, October 25, 2022 Agenda Item: Consider and take appropriate action regarding approving eighteen (18) purchase orders for FY23 (W. Carroll). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: Staff has gathered initial FY23 purchase orders over $25,000 for Council approval. The thought is to bring forward all purchase orders over $25,000 that staff is aware of at the first of the year for approval. Two reasons for handling this way, one to let Council see the purchases as a group and two to streamline operations. The individual purchase orders are attached on a spreadsheet. Administration Community Development Teague Nall & Perkins - Purchase order for engineering services in FY23. This purchase order allows staff to use the Engineering Firm going forward on drainage and public works projects. As expected, any plans arising from the services will be brought forward to Council prior to moving forward - $ 42,000.00. This amount is based on average amounts billed from previous years. HE Planning & Design, LLC - Purchase order for Professional Outside Services in FY23 for Planning and Zoning related matters, in lieu of a full-time Planner. Council has approved $42,000 for Professional Outside Services for FY23. 8Page 1 of 4 Page 2 of 4 Bureau Veritas North America, Inc. – Purchase order for various 3rd party building and health inspections throughout the year - $ 36,000.00. LaTour Tree Service – Purchase Order for monthly inspections at $1,000 each ($12,000) and debris removal from creeks and tree removal. Debris removal is estimated at $28,000 based on previous years’ costs, for a total PO amount of $ 40,000.00. Caldwell Chevrolet – 2023 Chevrolet 1500 4WD Crew Cab BuyBoard# 601-19 - $ 40,232.00. Kanelee Landscapes (TLC Landscapes) – Mowing Byron Nelson Creek and Lakeview Creek - $33,000.00. Finance American Integration (VersaTrust) – 3rd party IT services provided by VersaTrust - $ 174,000.00. This is year 3 of a 3-year contract. Tyler Technologies - Financial, Court and Permitting software - $51,790.00. Tyler’s contracted amount is $48,602 and $3188 was added for our Brazos ticket writer software package. This amount was approved in the FY23 budget. BKD, LLP – Annual Auditing Services $ 50,000.00. Second year of a 5-year contract. This amount was approved in the FY23 budget. Parks North Texas Trailers LLC - A total of four (4) trailers for the Parks Department BuyBoard# 599- 19 - $ 30,352.00. o 2022 MAXXD 83”x18’ Tandem Axle 10K utility trailer - $ 5863.75 o 2022 MAXXD 7’x18’ 10K utility trailer - $ 5,688.00 o 2022 MAXXD 83”x20’ 10K dovetail trailer - $ 5868.50 o 2023 Pace 8.5’x20’ Enclosed Trailer - $ 12,931.75 Cunningham Recreation – Procurement of Shade Structure at Harmony Park BuyBoard# 592-19 - $25,810.49. Silsbee Ford – Purchase Order for the purchase of a 2023 Ford F250 Crew Cab 4x4 BuyBoard# 22-228F000 - $ 59,272.75. Bobcat of North Texas – Lewisville - T76 T4 Bobcat Compact Track Loader BuyBoard# 597-19 - $50,392.00. SiteOne Landscape Supply – A blanket PO to cover various landscape and irrigation products needed throughout the year. 9 Page 3 of 4 Sunbelt Pools – A blanket PO to cover various larger-scale services and products not performed or provided by staff. The amount is not to exceed $27,500. Pyrotex, Inc. – A Purchase Order for the fire works display on July 4th. Police Denton County Auditor – Denton County ILA for Dispatch Services related to Police and Fire - $50,606.00. Stolz Telecom – Purchase order for the purchase and installation of emergency equipment for a new Ford police vehicle. The services are provided as part of BuyBoard Contract# 603-20. This request is part of the council approved CCPD 2022-2023 budget $ 53,511.83. Financial Considerations: Funding is available for these purchase orders in the FY23 Approved Budget and proper purchasing protocols were followed. Legal Review: Board/Commission/ or Committee Recommendation: None applicable. Staff Recommendation: Staff recommends approval of the eighteen (18) purchase orders as presented. Attachments: Listing of purchase orders. Town Council Approval: ____________________________ Mayor Alicia L. Fleury or designee 10 Department Vendor Description Amount Co-op Quotes Professional Sole Source Existing Contract HUB Vendor Community Dev Teague Nall & Perkins Engineering Services 42,000.00$ X Community Dev HE Planning & Design LLC Engineering Services 42,000.00$ X Community Dev Bureau Veritas North America, Inc.3rd Party Building/Health Inspections 36,000.00$ X Community Dev LaTour Tree Service Inc. Creek Maint. Sediment and Tree Removal 40,000.00$ X Community Dev Caldwell Chevrolet 2023 Chevrolet 1500 4WD Crew Cab 40,232.00$ BuyBoard# 601-19 Community Dev Kanelee Landscapes (TLC) Mowing Byron Nelson Creek and Lakeview Creek 33,000.00$ X Finance American Integration 3rd Party IT Services 174,000.00$ X Finance Tyler Technologies Annual Software Licenses 51,790.00$ X X Finance BKD Auditing Services 50,000.00$ X Parks North Texas Trailers LLC Four Trailers 30,352.00$ BuyBoard# 599-19 Parks Cunningham Recreation Harmony Park Shade Fabric 25,810.49$ BuyBoard# 592-19 Parks Silsbee Ford 2023 Ford F250 Crew Cab 4x4 59,272.75$ BuyBoard# 22-228F000 Parks Bobcat of North Texas - Lewisville T76 T4 Bobcat Compact Track Loader 50,392.00$ BuyBoard# 597-19 Parks SiteOne Landscape Supply Irrigation Supplies 38,500.00$ BuyBoard# 611-20 Parks Sunbelt Pools Chemicals & Pool Maintenance 27,500.00$ BuyBoard# 631-20 Parks Pyrotex Inc.Fireworks Display 26,000.00$ X Police Denton County Auditor Denton County Dispatch Services 50,606.00$ ILA X Police Stolz Telecom Emergency Equipment for Ford police vehicle 53,511.83$ BuyBoard No. 603-20 Page 1 of 1 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of Teague Nall & Perkins Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: Teague Nall & Perkins – Engineering Services - $42,000.00. Purchase order for engineering services in FY23. This purchase order allows staff to continue using TN&P for all grading, drainage, and civil reviews for the Community Development Department. The PO of $42,000 is based on the average amounts billed from previous years and will leaving an unencumbered amount of $0 in account #01-522-60500 for Engineering Services. TNP will bill the Town on an hourly basis. Council has approved $42,000 for Engineering Services for FY2023. 13 14 Agenda Item 9-1 TNP TNP Firm Registrations Texas Board of Professional Engineers and Land Surveyors |Engineering Firm No. F-230 |Surveying Firm No. 10011600 |10194381 |10011601 Georgia Board of Professional Engineers Firm No. PEF007431 | Texas Board of Architectural Examiners Firm No. BR 2673 engineers surveyors landscape architects www.tnpinc.com STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT FOR ENGINEERING SERVICES This agreement made, entered into and executed this day of , 2022, by and between the TOWN OF TROPHY CLUB (hereinafter referred to as "TOWN"), and TNP, Inc., Consulting Engineers, (hereinafter referred to as "ENGINEER"), with principal offices at 5237 Riverside Drive Suite 100, Fort Worth, Texas. WITNESSETH, that whereas the TOWN desires engineering design or consultation on various issues and requires engineering services on various public work improvements. NOW, THEREFORE, the TOWN and the ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: SECTION I. EMPLOYMENT OF ENGINEER The TOWN agrees to employ the ENGINEER as and when needed for various projects and the ENGINEER agrees to perform professional engineering services in connection with such projects as stated in Section II below, and having rendered such services, the TOWN agrees to pay to the ENGINEER compensation as stated in Section V to follow. SECTION II. CHARACTER AND EXTENT OF SERVICES The ENGINEER shall, at the TOWN's request, render the following professional services for the TOWN. A. Meetings: At the specific request of the TOWN, the ENGINEER will attend meetings and hearings of the City Council and various City boards and committees. B. Review of Development Proposals: At the request of the TOWN, the ENGINEER will review plats, site plans, and public improvement plans for various public and private projects proposed in the TOWN. This review will include comment on drainage systems; traffic; conformance with codes and policies; flood plain management; construction and maintenance of streets; discrepancies in easement's acknowledgments, or certifications; and other potential problems noted in the proposed development during the engineering review. The ENGINEER will provide the TOWN with its findings in a letter report in a timely manner. At the request of the TOWN, the ENGINEER may be requested to present and support his findings at various public meetings. C. Flood Plain Management: At the request of the TOWN, the ENGINEER will provide technical assistance in review of flood hazard boundary determinations by the Federal Emergency 15 Agenda Item 9-1 TNP Page 2 Management Agency; review development permit applications within floodways and floodway fringes; and assist in conferences with federal, state and local officials. D. Capital Improvements Planning: At the request of the TOWN, the ENGINEER will provide technical assistance in reviewing capital needs for the TOWN and estimating probable costs of such facilities. E. TOWN Specifications and Requirements: At the request of the TOWN, the ENGINEER will provide technical assistance and consultation on various requirements and standard specifications used by the TOWN. SECTION III. ADDITIONAL SERVICES The TOWN may choose to initiate exclusive negotiations with the ENGINEER for any or all design services on any public works project initiated by the TOWN during the term of this Agreement. The TOWN reserves the right to terminate negotiations under this Section and seek employment of another engineer if, in the opinion of the TOWN, the fees proposed by the ENGINEER are unacceptable, or adequate staff is not available from the ENGINEER to complete the project in a timely manner, or the services requested require special expertise for which another engineer is considered more qualified. SECTION IV. PERIOD OF SERVICE This Agreement shall become effective upon execution by the TOWN and the ENGINEER and shall remain in force until terminated under the provisions of Section X below SECTION V. COMPENSATION A.Engineering Services: The ENGINEER shall be compensated based on the Standard Rate Schedule provided in Attachment ‘A’. Salary cost includes the employer's share of Social Security, holiday, vacation, sick leave, Workmen's Compensation Insurance, and federal and state unemployment insurance. B. Surveying Services: Surveying services based on the Standard Rate Schedule provided in Attachment ‘A’. Salary cost includes the employer's share of Social Security, holiday, vacation, sick leave, Workmen's Compensation Insurance, and federal and state unemployment insurance. The Rate Schedule will be based on various crew sizes, office staff and equipment used. C: Other Expenses: Actual out-of-pocket expenses that are incurred during the progress of the work at ENGINEER's cost plus 10%. The actual out-of-pocket expenses include: air fare, automobile rental if required, mileage charges, parking, tolls, taxi, meals, lodging, printing and reproduction costs for work outsourced, and other miscellaneous costs incurred specifically for this project. D. Work by Others: For work done by others, at the actual cost to the ENGINEER of such services plus 10%. The ENGINEER may submit invoices for services rendered no more frequently than monthly, accompanied by an explanation of the services provided and any necessary supporting documentation. 16 Page 3 SECTION VI. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the ENGINEER as instruments of services. The TOWN may at its expense retain reproducible copies of drawings and copies of other documents, in consideration of which it is mutually agreed that the TOWN will use them solely in connection with the project. SECTION VII. INDEMNITY ENGINEER shall indemnify and save harmless the TOWN and its officers, agents, and employees from the liability of the TOWN on account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorney fees incurred by the TOWN, proximately caused by the negligent acts or omissions of the ENGINEER or its officer, agents, or employees in the execution, operation, or performance of this Agreement. SECTION VIII. INSURANCE The ENGINEER shall effect and maintain insurance to protect itself from claims under workmen's compensation act's claims for damages because of bodily injury including personal injury; sickness or disease; or death of any of its employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom; and from claims arising out of the performance of professional services caused by any errors, omissions or negligent acts for which it is legally liable. SECTION IX. ARBITRATION No arbitration arising out of, or relating to, the Agreement involving one party to this Agreement may include the other party to this Agreement without their approval. SECTION X. TERMINATION Either party to this Agreement may terminate the Agreement by giving the other at least seven (7) days notice in writing. Upon delivery of such notice by the TOWN to the ENGINEER, and upon expiration of the seven-day period, the ENGINEER shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practical after receipt of notice of termination, the ENGINEER shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The TOWN shall then pay the ENGINEER for those services actually performed under this Agreement prior to the receipt of termination notice, less such payments on account of the charges as have been previously made; provided, however, that the TOWN shall not then be required to pay for those services of the ENGINEER for which the TOWN terminated this Agreement and which are therefore in dispute. Copies of all completed or partially completed designs, plans, and specifications prepared under this Agreement shall be delivered to the TOWN when and if this Agreement is terminated. 17 Page 4 SECTION XI. SUCCESSORS AND ASSIGNMENTS The TOWN and the ENGINEER each binds themselves and their successors, executor, administrators and assigns to the other party of this Agreement and to the successor, executor, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the TOWN nor the ENGINEER shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be constructed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. This agreement is executed in two counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this agreement the day and year first above written. TOWN OF TROPHY CLUB TNP, Inc. (TOWN) (ENGINEER) _______________________________ _____________________________________ Tom Rutledge Executive Vice President ATTEST: ATTEST: _______________________________ ____________________________________ TNPNNN, Inc. (ENGINEER) __________________________________________________________________________________________________________________________ Tom Rutttltttttttttedge Executive Vice President 18 Page 5 ATTACHMENT ‘A’ Teague Nall and Perkins, Inc. 2022 Standard Hourly Rates Effective January 1, 2022 to December 31, 2022 Hourly Engineering/Landscape Architecture/ROW Billing Rate Principal or Director 270.00 Team Leader 260.00 Senior Project Manager 250.00 Project Manager 200.00 Senior Engineer 260.00 Project Engineer 170.00 Engineer III/IV 140.00 Engineer I/II 130.00 Senior Landscape Architect/Planner 200.00 Landscape Architect / Planner 180.00 Landscape Designer 125.00 Senior Designer 165.00 Designer 150.00 Senior CAD Technician 135.00 CAD Technician 120.00 IT Technician 180.00 Clerical 85.00 ROW Manager 220.00 Senior ROW Agent 175.00 ROW Agent 135.00 Relocation Agent 170.00 ROW Admin 90.00 Intern 80.00 Hourly Surveying Billing Rate Survey Manager 245.00 Registered Professional Land Surveyor (RPLS) 210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment**155.00 2-Person Field Crew w/Equipment**185.00 3-Person Field Crew w/Equipment**210.00 4-Person Field Crew w/Equipment**230.00 Flagger 55.00 Abstractor (Property Deed Research)95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Survey Manager 245.00 Registered Professional Land Surveyor (RPLS)210.00 Field Coordinator 145.00 S.I.T. or Senior Survey Technician 145.00 Survey Technician 120.00 1-Person Field Crew w/Equipment**155.00 2-Person Field Crew w/Equipment**185.00 3-Person Field Crew w/Equipment**210.00 4-Person Field Crew w/Equipment**230.00 19 Page 6 ATTACHMENT ‘A’ Teague Nall and Perkins, Inc. 2022 Standard Hourly Rates Effective January 1, 2022 to December 31, 2022 Hourly Surveying Billing Rate Flagger 55.00 Abstractor (Property Deed Research) 95.00 Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00 Terrestrial Scanning Equipment & Crew 265.00 Hourly Utility Management, Utility Coordination, and SUE Billing Rate Senior Utility Coordinator 175.00 Utility Coordinator 160.00 Sr. Utility Location Specialist 165.00 Utility Location Specialist 100.00 1-Person Designator Crew w/Equipment***155.00 2-Person Designator Crew w/Equipment***180.00 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only)300.00 Core Drill (equipment only)790.00 SUE QL-A Test Hole (0 < 8 ft)****2,200.00 SUE QL-A Test Hole (> 8 < 15 ft)****2,700.00 Hourly Construction Management, Construction Engineering and Inspection (CEI) Billing Rate Construction Inspector I/II 110.00 Construction Inspector III 120.00 Senior Construction Inspector 140.00 Construction Superintendent 185.00 Senior Project Manager 250.00 Construction Manager 200.00 Senior Construction Manager 250.00 Construction Records Keeper 120.00 Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a mu ltiplier of 1.10. * Rates shown are for 2022 and are subject to change in subsequent years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies. ****Does not include Level B Designating effort. 20 Page 1 of 1 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of HE Planning+Design Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: HE Planning+Design – Professional Outside Services - $42,000.00. Purchase order of professional outside services for an on-call, as-needed Town Planner. These services will be utilized for Town of Trophy Club Planning and Zoning related matters throughout the year, in lieu of a full-time planner. HE Planning will bill the Town on an hourly basis of $150. The PO of $42,000.00 leaves an unencumbered amount of $0 in account #01-522-60100 for Professional Outside Services. Council has approved $42,000 for Professional Outside Services for FY2023. 21 HE Planning+Design, LLC 8458 HOWELL DRIVE  FRISCO, TEXAS 75034 PHONE: (469)360-6618  heleneve@HEPlanningDesign.com October 1, 2022 Mr. Matthew Cox Director of Community Development Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 RE: Professional Services Agreement for Planning Services for the Town of Trophy Club, Denton and Tarrant County, Texas. Dear Matthew: Thank you for considering HE Planning+Design, LLC (HE P+D) for professional on-call planning services for the Town of Trophy Club. I have outlined the services I propose to complete below. SCOPE OF SERVICES Planning Tasks HE P+D will provide technical review of the following applications: 1. Zoning Applications, including Straight Zoning, Specific Use Permits, Conditional Use Permits, and Planned Development Districts; 2. Board of Adjustment Applications; 3. Site Plan Applications; 4. Plat Applications; 5. Landscape and Screening Applications; 6. Sign Applications; 7. Variance and Waiver Applications; 8. Draft Agendas and Case Reports for posting; 9. Drafting PD, SUP, and CUP ordinances for city attorney review; 10. Minor ordinance and Comprehensive Plan amendments necessary to process a zoning application; and 11. Respond to zoning and development inquiries from city staff and others (as authorized by staff) and provide direction based on ordinance regulations in effect at the time of the inquiry. Method HE P+D will: 1. Review the applications and identify compliance with the adopted zoning ordinance, subdivision regulations, comprehensive plan, and other adopted plans; 2. Provide the reviews in written and graphic format (PDF review) for clear understanding of the comments; 22 Agenda Item 9-2 HE Planning + Design HE Planning+Design, LLC 8458 HOWELL DRIVE  FRISCO, TEXAS 75034 PHONE: (469)360-6618  heleneve@HEPlanningDesign.com 3. Coordinate review comments for consensus with staff, city engineer, city attorney, Trophy Club Municipal Utility District, TXDOT, and other required entities as authorized by you; 4. Will prepare the yearly submission application calendar and provide updates as indicated and directed by you and the Town Secretary throughout the year; and 5. Will update application forms as requested/needed. Review Turnaround HE P+D will provide the review comments within seven (7) business days of receipt of the application. Agendas, publications in the official newspaper, and public hearing notices will be sent to you and the Town Secretary for posting in the Town’s official agenda location and on the Town of Trophy Club website. Notifications that are required to be mailed will be provided to you and the Town Secretary for mailing from the Town. HE P+D will provide the ownership database for mailing label production. Agendas will be sent no later than 96 hours prior to a posting deadline. Publications required to appear in Trophy Club’s official newspaper will be sent via email to the publication office 24 hours prior to the publication’s deadlines unless directed to submit notifications to the Town Secretary for submission. Please note, applicants that do not resubmit according to the deadline date on the adopted development calendar will be processed on an amended schedule and will not be placed on the originally anticipated agenda date for consideration. Meetings HE P+D, Helen-Eve L. Beadle, AICP will attend meetings with applicants, consultants, and town staff in person or via internet session, as directed by you. FEE AND BILLING HE P+D will accomplish the services described above based on an hourly rate of $150.00, in effect at the time the services are provided. Direct expenses such as blueprinting, copying (full size and reductions included), scanning, color copies, mileage, deliveries, will be invoiced at 1.15 times cost. On-call Planning Services Hourly, not to exceed $42,000.00* *The fee quoted above is based on review of past agendas available and general understanding of the number of cases per year. Should the scope of services change from the contents in this agreement, I will notify you of the need to reconsider the scope. Invoices will be submitted monthly based on services performed. Billing will be due and payable to HE Planning+Design, LLC, 8458 Howell Drive, Frisco, Texas 75034 within 25 days of receipt. 23 HE Planning+Design, LLC 8458 HOWELL DRIVE  FRISCO, TEXAS 75034 PHONE: (469)360-6618  heleneve@HEPlanningDesign.com ADDITIONAL SERVICES Any items requested by you that are not outlined in the above scope would be considered additional services and would be provided as requested and authorized by you. In the event you need these services for such items I can provide you with a letter agreement for them. This scope does not include: 1. Preconstruction meeting attendance, Public Improvement Developer’s Agreements, Financial Assurance, Bonds, Construction Contracts, Inspections, Impact Fee updates, and Right-of-Way Permits as those tasks are under the responsibility of an engineer. 2. Comprehensive Plan updates, zoning ordinance, subdivision ordinance, and ordinance rewrites/updates. 3. GIS Geographic Information System services including mapping updates. CLOSURE Your signature and return of one copy of this professional services agreement shall serve as direction to proceed. I appreciate the opportunity to submit this agreement for on-call professional planning services. Please contact me if you have any questions. I look forward to working with you and the Town of Trophy Club. Sincerely, Helen-Eve L. Beadle, AICP AGREED and accepted this 1st day of October 2022. ____________________________________________ Matthew Cox Director of Community Development Town of Trophy Club 24 25 Agenda Item 9-2 HE Planning + Design Page 1 of 1 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of Bureau Veritas North America Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: BVNA – Health/Building/Plan Review Services - $36,000.00. Purchase order for on-call plan review, building inspections and health inspections as-needed throughout the year, in lieu of a full time Health and Building Inspector. The PO will include the following: Plan Review account #01-522-60600 in the amount of $4,000, Health Inspections account #01-522-62300 in the amount of $14,000 and Building Inspections account #01-522- 62350 in the amount of $18,000, a total of $36,000. Leaving an unencumbered amount of $0 in each account. BVNA will bill the Town, $76.25 per stop for residential inspections, and $125 per stop for commercial inspections. BVNA will bill the Town, $125 per commercial pools and $150 per food inspection per year. This contract was approved by Council on September 13, 2022. 26 27 Agenda Item 9-3 Bureau Veritas (BVNA) 28 Agenda Item 9-3 Bureau Veritas (BVNA) BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 2 of 32 in performing services under these Terms and Conditions, and the Companion Documents (“Agreement”). Companion Documents shall mean any documents accompanying BVNA’s Proposal, including but not limited to the Scope of Work, Fee Schedules or any other Exhibits specific to the project. BVNA shall not be responsible for failure to perform its services if i) there is a failure or delay by Client or its contractors in providing BVNA with the necessary access to properties, documentation, information, or materials; ii) Client or its contractors fail to approve or disapprove BVNA’s work; or iii) if Client causes delays in any way whatsoever. In any of these events, BVNA’s time for completion of its service shall be extended accordingly. BVNA shall not be responsible for failure to perform if such failure is due to any act of God, labor trouble, fire, inclement weather, act of governmental authority, failure of transportation, accident, power failure or interruption, or any other cause reasonably beyond BVNA’s control. In any of these events, BVNA’s time for completion of its services shall be extended accordingly. 5.Compensation: Compensation to be paid to BVNA shall be in accordance with the Schedule of Fees set forth in accordance with the agreed upon fee schedule per project. 6.Method of Payment: BVNA shall submit monthly billings to Client describing the work performed during the preceding month. Client shall pay BVNA no later than thirty (30) days after receipt of the monthly invoice by Client’s staff. If the invoice is not paid within such period, Client shall be liable to BVNA for a late charge accruing from the date of such invoice to the date of payment at the lower of eighteen (18) percent per annum or the maximum rate allowed by law. Further, if the invoice is not paid within such period, BVNA may, at any time, and without waiving any other rights or claims against Client and without thereby incurring any liability to Client, elect to terminate performance of services immediately following written notice from BVNA to Client. Notwithstanding any such termination of services, Client shall pay BVNA for all services rendered by BVNA up to the date of termination of services plus all interest, termination costs and expenses incurred by BVNA. Client shall reimburse BVNA for all costs and expenses of collection, including reasonable attorney’s fees. For work requiring a construction permit to be issued, the total fee will be billed when the permit is issued by the Jurisdiction. 7.Construction Monitoring: If BVNA is engaged by Client to provide a site representative for the purpose of monitoring specific portions of any construction work, as set forth in the proposal, then this Section 7 shall apply. If BVNA’s engagement does not include such construction monitoring, then this Section shall be null and void. In connection with construction monitoring, BVNA will report observations and professional opinions to Client. BVNA shall report to Client any observed work which, in BVNA’s opinion, does not conform to plans and specifications. BVNA shall have no authority to reject or terminate the work of any agent or contractor of Client. No action, statements, or communications of BVNA, or BVNA’s site representative, can be construed as modifying any agreement between Client and others. BVNA’s presence on the Project site in no way guarantees the completion or quality of the performance of the work of any party retained by Client to provide construction related services. Neither the professional activities of BVNA, nor the presence of BVNA or its employees, representatives, or subcontractors on the Project Site, shall be construed to impose upon BVNA any responsibility for methods of work performance, superintendence, sequencing of construction, or safety conditions at the Project site. Client acknowledges that Client or its general contractor is solely responsible for job site safety, and warrants and agrees that such responsibility shall be made evident in any Project owner’s agreement with the general contractor. Client also agrees to make BVNA an additional insured under any general contractor’s General Liability insurance policy. Prior to the commencement of the Work, Client shall provide BVNA with a certificate of insurance evidencing the required insurance. Such certificates shall be issued by an insurance carrier(s) acceptable to BVNA and shall be endorsed to include: (1) BVNA as additional insured; (2) thirty (30) days prior written notice of cancellation or material change in any of the coverages; and (3) a waiver of subrogation as to BVNA. Each policy of insurance required shall be written by an insurance company with a minimum rating by A.M. Bests & Company of A-VI. This insurance shall be primary to any insurance available to BVNA. In the event BVNA expressly assumes any health and safety responsibilities for hazardous materials or other items specified in this Agreement, the acceptance of such responsibility does not and shall not be deemed an acceptance of responsibility for any other 29 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 3 of 32 health and safety requirements, such as, but not limited to, those relating to excavation, trenching, drilling or backfilling. 8.Ownership of Documents: All plans, studies, documents and other writings prepared by BVNA, its officers, employees and agents and subcontractors in the course of implementing this Agreement shall remain the property of BVNA. The Client acknowledges that all intellectual property rights related to the performance of the Agreement, including but not limited to the names, service marks, trademarks, inventions, logos and copyrights of BVNA and its affiliates, (collectively, the “Rights”) are and shall remain the sole property of BVNA or its affiliates and shall not be used by the Client, except solely to the extent that the Client obtains the prior written approval of BVNA and then only in the manner prescribed by BVNA. If BVNA terminates the Agreement in accordance with the provisions of Article 29 below, any such license granted by BVNA to the Client shall automatically terminate. 9.Use of Data or Services: BVNA shall not be responsible for any loss, liability, damage, expense or cost arising from any use of BVNA’s analyses, reports, certifications, advice or reliance upon BVNA’s services, which is contrary to, or inconsistent with, or beyond the provisions and purposes set forth therein or included in these Terms and Conditions, or in the Companion Documents. Client understands and agrees that BVNA’s analyses, reports, certifications and services shall be used solely by the Client, and only Client is allowed to rely on such work product. If a third party relies on the services, analyses, reports or certifications without BVNA’s written permission, then Client agrees to defend and indemnify BVNA from any claims or actions that are brought as a result of such reliance. 10.Independent Contractor: It is understood that BVNA, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the Client. BVNA shall obtain no rights to retirement benefits or other benefits which accrue to Client’s employees, and BVNA hereby expressly waives any claim it may have to any such rights. 11.Standard of Care: BVNA REPRESENTS THAT THE SERVICES, FINDINGS, RECOMMENDATIONS AND/OR ADVICE PROVIDED TO CLIENT WILL BE PREPARED, PERFORMED, AND RENDERED IN ACCORDANCE WITH PROCEDURES, PROTOCOLS AND PRACTICES ORDINARILY EXERCISED BY PROFESSIONALS IN BVNA’S PROFESSION FOR USE IN SIMILAR ASSIGNMENTS AND PREPARED UNDER SIMILAR CONDITIONS AT THE SAME TIME AND LOCALITY. CLIENT ACKNOWLEDGES AND AGREES THAT BVNA HAS MADE NO OTHER IMPLIED OR EXPRESSED REPRESENTATION, WARRANTY OR CONDITION WITH RESPECT TO THE SERVICES, FINDINGS, RECOMMENDATIONS OR ADVICE TO BE PROVIDED BY BVNA PURSUANT TO THIS AGREEMENT. 12.Indemnity: Subject to the Limitation of Liability included in this Agreement, BVNA shall indemnify and hold harmless Client from and against losses, liabilities, and reasonable costs and expenses (for property damage and bodily injury, including reasonable attorney’s fees), to the extent directly and proximately caused by BVNA’s negligent performance of services or breach of warranty under this Agreement. BVNA shall not be obligated to defend the Client until there is an actual finding of negligence or if the parties agree otherwise. Client shall defend, indemnify and hold harmless BVNA, its employees, directors, officers, and agents, from and against claims, losses, liabilities, and reasonable costs and expenses (including reasonable attorney’s fees) that are: i) related to, or caused by the negligence or willful misconduct of Client, its employees, or agents; ii) related to this Agreement or the work to be performed by BVNA for which BVNA is not expressly responsible; or iii) the expressed responsibility of the Client under this Agreement. 13.Limitation of Liability: To the fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary, the total aggregate liability of BVNA, its affiliates, employees, officers, directors and agents (Collectively referred to in this paragraph as “BVNA”) for all claims for negligent 30 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 4 of 32 professional acts, errors or omissions arising out of this Agreement is limited to $50,000 or the amount of the total fees hereunder, whichever is greater. 14.Insurance: BVNA, at BVNA’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies with insurers possessing a Best’s rating of no less than A:VII: a.Workers’ Compensation Coverage: BVNA shall maintain Workers’ Compensation and Employer’s Liability Insurance for its employees in accordance with the laws of the state where the services are being performed. Any notice of cancellation or non-renewal of all Workers’ Compensation policies will be sent to the Client in accordance with the policy provisions. b.General Liability Coverage: BVNA shall maintain Commercial General Liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. c.Automobile Liability Coverage: BVNA shall maintain Automobile Liability insurance covering bodily injury and property damage for activities of BVNA employee arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. d.Professional Liability Coverage: BVNA shall maintain Professional Errors and Omissions Liability for protection against claims alleging negligent acts, errors or omissions which may arise from BVNA’s services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis. BVNA shall name Client as additional insured and other parties that it deems appropriate to be additionally insured under BVNA’s Commercial General Liability policy and Automobile Liability policy, if requested to do so by Client. The Client, on its own behalf and on the behalf of any others that are named as additionally insured at Client’s request, agrees that providing such insurance or the additional insured endorsement shall in no way be construed as an assumption by BVNA of any liability for the negligence or willful misconduct or any wrongful behavior on the part of Client or others that are named additionally insured. 15.Consequential and Punitive Damages: Neither BVNA nor Client shall be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to the other party, or to any third party. No punitive or exemplary damages of any kind shall be recoverable against either party under any circumstances. 16.Cause of Action: If Client makes a claim against BVNA, for any alleged error, omission, or other act arising out of the performance of its professional services and to the extent the Client fails to prove such claim, then the Client shall pay all costs including attorney’s fees incurred by BVNA in defending the claim. Any cause of action brought against BVNA shall be brought within one (1) year of the work or services performed under this Agreement. 17.Compliance with Laws: BVNA shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinance and regulations in effect as of the date services are provided. 18.Resolution of Disputes: All claims, disputes, controversies or matters in question arising out of, or relating to, this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, except 31 32 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 6 of 32 24.Confidential Information: Neither party shall disclose information identified as confidential to anyone except those individuals who need such information to perform the Services; nor should either party use such confidential information, except in connection with the Work, the performance of the Services or as authorized by the other party in writing. Regardless of the term of this Agreement, each party shall be bound by this obligation until such time as the confidential information shall become part of the public domain. Confidential information shall not include information which is either: (i) known to the public; (ii) was known to the receiving party prior to its disclosure; or (iii) received in good faith from a third party. If either party is required to produce information by valid subpoena or Court order, parties agree to first provide prompt notice to other party in order to allow the party to seek a protective order or other appropriate remedy. This shall not prevent either party from disclosing information to the extent reasonably necessary to substantiate a claim or defense in any adjudicatory proceeding. Client agrees that BVNA shall be permitted to use Client's name and logos in BVNA’s marketing materials unless advised or prohibited against it by the Client in writing. The technical and pricing information contained in any proposal or other documents submitted to the Client by BVNA shall be considered confidential and proprietary and shall not be released or disclosed to a third party without BVNA’s written consent. 25.Assignment: Neither party may assign this Agreement or any right or obligation hereunder without the prior written consent of the other party, which shall not be unreasonably withheld or delayed; provided, however, that no consent shall be necessary in the event of an assignment to a successor entity resulting from a merger, acquisition or consolidation by either party or an assignment to an Affiliate of either party if such successor or Affiliate assumes all obligations under this Agreement. Any attempted assignment, which requires consent hereunder, shall be void and shall constitute a material breach of this Agreement if such consent is not obtained. 26.Non-Solicitation/Hiring of Employees: (a)To promote an optimum working relationship, the Client agrees in good faith that for the term of this Agreement and one year after the completion or termination of the Agreement not to directly or indirectly employ or otherwise engage any current employee of BVNA or any former employee of BVNA who left the employ of BVNA within the six (6) months prior to and including the date of the execution of the Agreement. The loss of any such employee would involve considerable financial loss of an amount that could not be readily established by BVNA. Therefore, in the event that Client should breach this provision and without limiting any other remedy that may be available to BVNA, the Client shall pay to BVNA a sum equal to the employee’s current annual salary plus twelve (12) additional months of the employee’s current annual salary for training of a new employee as liquidated damages. (b)BVNA’s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay BVNA’s legal expenses, administrative costs and fees pursuant to BVNA’s then current fee schedule for BVNA to respond to any subpoena. 27.Prevailing Wage: This Agreement and any proposals hereunder specifically exclude compliance with any project labor agreement or other union or apprenticeship requirements. In addition, unless explicitly agreed to in the body of the proposal, this Agreement and any proposals hereunder specifically exclude compliance with any State or Federal prevailing wage law or associated requirements, including the Davis Bacon Act. Due to the professional nature of its services BVNA is generally exempt from the Davis Bacon Act and other prevailing wage schemes. It is agreed that no applicable prevailing wage classification or wage rate has been provided to BVNA, and that all wages and cost estimates contained herein are based solely upon standard, no-prevailing wage rates. Should it later be determined by the Client or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circumstance. These exclusions shall survive the completion of the project and shall be merged into any subsequently executed documents between the parties, regardless of the terms of such agreement. Client will reimburse, defend, indemnify and hold 33 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 7 of 32 harmless BVNA from any liability resulting from a subsequent determination that prevailing wage regulations cover the Projects, including all costs, fines and reasonable attorney’s fees. 28.Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 29.Amendments: This Agreement may be modified or amended only by a written document executed by both BVNA and Client. 30.Entire Agreement: This Agreement constitutes the complete and exclusive statement of Agreement between the Client and BVNA. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 31.Termination: This Agreement may be terminated immediately for cause or by either party without cause upon fifteen (15) days written notice of termination. Upon termination, BVNA shall be entitled to compensation for services performed up to the effective date of termination. (a)Termination by Client: If the Client terminates this agreement without cause, the Client shall have two options concerning work and assignments that are in-progress. The Client shall select from: (1) Allowing BVNA the opportunity to complete all work and assignments in-progress that may be completed by another provider after the effective date of BVNA’s termination; or (2) Providing BVNA with a complete and unconditional release from any and all liability and indemnification requirements regarding all work and assignments that remain in-progress upon BVNA’s termination effective date. In the event that Client is silent on termination or does not make an affirmative selection, option (2) providing BVNA with a complete and unconditional release from any and all liability and indemnification requirements will be the default and active selection. (b)Termination by BVNA: If BVNA terminates without cause, BVNA will provide client with a thirty (30) day transition period from the notice of termination to allow Client sufficient time to secure a new Service Provider. During this transition period, BVNA and Client’s responsibilities under this agreement will remain in full force and effect. At the end of the thirty (30) day transition period BVNA will cease all activities. In the event Client shall request BVNA to continue to provide any Services beyond the expiration of the transition period, including any extensions, then BVNA and Client may negotiate in good faith terms of any such extension, including the pricing of Services. 32.Interpretation of Agreement: This Agreement shall be interpreted as though prepared by all parties and shall not be construed unfavorably against either party. 33.Severability of Agreement: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the laws of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be effected and shall remain in full force and effect. [signatures on following page] 34 35 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 9 of 32 ATTACHMENT A SCOPE OF SERVICES CONSTRUCTION CODE SERVICES BVNA and the representatives of BVNA are charged with the enforcement of the provisions of the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, acting in good faith and without malice in the discharge of the duties required by these codes or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. Plan Review Non-Structural Plan Review services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction. Inspections Inspection services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code. Special inspections as specified in chapter 17 and non-prescriptive structural inspections of the adopted International Building Code are not included and may be required as specified in the International Building Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction. FIRE SERVICES Fire Services Plan Review Commercial, Multi-Family and Single Family Fire Sprinkler System Plan Review, Commercial Fire Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage Tank Plan Review shall be conducted as required by the Jurisdiction’s Fire Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Fire Services Inspections Commercial, Multi-Family and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the 36 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 10 of 32 Jurisdiction is the final interpretive authority. (The State of Texas requires the design and installation of Underground Fire Sprinkler Supply Line plans to be performed by a Licensed Underground Fire Sprinkler Contractor.) Annual Fire Safety Inspections Annual Fire Safety Inspections will be conducted in accordance with the Jurisdiction’s Fire Code for commercial establishments and public buildings subject to an annual operation permit. Fire Code Plan Review Services and Inspection Services Site and building Plan Review and Inspection services shall be conducted as required by the Jurisdiction’s Fire Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority. HEALTH SERVICES BVNA will have an exclusive agreement with Client to ensure compliance with the provisions of the Jurisdiction’s Adopted Food Establishment Ordinance. In absence of said ordinance, the provisions of Title 25 Texas Administrative Code Chapter 228, regarding the regulation of food establishments, known as the Texas Food Establishment Rules (TFER), will be enforced. The Texas Administrative Code (TAC), Standards for Public Pools and Spas, Section 265.181 - 265.200 will be enforced for public swimming pools and spas. BVNA services include the following per permitted installation: •Review plans for compliance with the applicable laws and rules required. •Perform inspections to determine compliance with the applicable laws and rules required. •Inspections will be performed by a Texas Registered Sanitarian •Update or create the required Health forms. •Web-based project tracking of Health permits. •Provide written report of any deficiencies. •Investigation of complaints on permitted facilities. The Client will have final interpretive authority over all plans, specifications and inspections and is charged with the issuance of all permits and certificates of occupancy. PUBLIC WORKS SERVICES Upon receipt of written Notice to Proceed from Client, BVNA will provide Inspection services relative to Public Works Services as outlined below to verify conformance with approved plans, specifications and local ordinances provided by Client. Inspections Inspection services include, but are not limited to: making site observations, writing correction notices and field reports, attending meetings and answering inquiries in person or by telephone. Plan Review Plan Review services include, but are not limited to: verification of plan compliance with adopted public works standards, attendance at pre-plan design meetings and follow up on design issues. 37 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 11 of 32 Technical Support BVNA will be available for pre-construction or field site meetings and will provide field staff for observation purposes as needed. PLANNING AND MAPPING SERVICES Comprehensive Planning and Mapping services shall be provided as outlined below. Base Mapping •BV shall prepare a corporate area base map, which shall show at least the features (a) through (k) below: a)Highway and street rights-of-way; b)Highway designations and street names; c)All major drainage ways; d)Major bodies of water; e)Block and lot lines for all platted subdivisions as available; f)Property lines within unplatted subdivisions as available; g)The width of all major utility easements; h)Railroad rights-of-way; i)All subdivisions and their names; j)Corporate limits; k)Other major facilities or features to include but not necessarily limited to: 1.Major park and recreation areas and facilities; 2.Water Treatment plants; 3.Sewage Treatment plants; 4.Extraterritorial jurisdiction line, as appropriate; and 5.Other significant features. Housing Inventory, Analysis and Plan •BV shall prepare a housing conditions inventory, analysis and plan. •BV shall develop criteria to be used in the classification of building conditions and formulate definitions for each classification. As a minimum, the four following classifications shall be utilized within the study: a) Standard, b)Minor Deteriorating, c)Major Deteriorating, and d) Dilapidated. •BV shall perform an assessment of the exterior of all residential buildings within the city to determine the physical condition of each building or structure. BV will record vacant and abandoned residential units as the assessment is being made. •BV shall use the base map to create a Housing Conditions Map depicting all housing conditions as inventoried and showing all housing and its classification as defined by the developed criteria. •BV shall conduct an analysis of housing data to determine problems and housing needs of the current and prospective population. •BV shall prepare a goal(s) statement and annual housing related objectives. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •BV shall identify future implementation actions and probable costs, both public and private, to be taken annually over the next three to five years. These activities shall result in the preparation of an overall program design for housing related activities. 38 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 12 of 32 Population •BV shall compare census data of the locality from 1960 to present. BV will provide number of persons in each of the sex, race and Hispanic origin categories. •BV shall determine existing population estimates of the locality by occupied dwelling units. A realistic assessment of the locality's existing population shall be made by reliable methods. •BV shall estimate the locality's future population by five-year increments for the next fifteen to twenty years based on existing trends. •BV will use the base map for illustrative purposes a Population Distribution Map showing the existing and projected population distribution for the planning period. Land Use Inventory, Analysis and Plan •BV shall assess and inspect each plot, tract and parcel of land within the project area to determine its use. The project area should include the city's extraterritorial jurisdiction (ETJ). •BV shall use categories in classifying land uses shall include, as a minimum, the following: a)Vacant (vacant developed or vacant undeveloped); b)Agriculture (cultivated and range land - five or more acres); c)Residential (single family, two family, multi-family, manufactured and mobile homes); d)Commercial; (retail and services); e)Industrial; (light and heavy); f)Public and Semi-Public (schools, parks and public buildings); and g)Other such additional or subcategories as may be deemed necessary to accurately reflect the existing pattern of land areas. •BV shall prepare a color-coded Existing Land Use Map of the corporate and ETJ area using the base map. Colors should conform to standard code. •BV shall make a tabulation of the existing land uses to show: a)Total acreage by use; b)Percentage of acreage in each land use; c)Acres per 100 persons, or other standard for comparison purposes; and d)Developed and undeveloped land as a percent of the total land. •BV will make an analysis of the community regarding past and potential developments and will report on factors affecting the development of land, such as those below: a)Occupied dwelling units; b)Existing land use; c)Thoroughfares d)Existing and anticipated population; e)Soil characteristics as related to developments; f)Adequacy of public utilities; g)Adequacy of public facilities; h)Storm drainage problem areas; i)Natural and man-made constraints. •BV shall prepare a goal(s) statement and annual land use related objectives and, using the base map at, BV shall prepare a color-coded Future Land Use Map to illustrate the future physical development of the locality during the planning period. B.Economic Development 1.Historic Development And General Characteristics •Studies and plans being prepared under this contract should be coordinated with previously developed studies and plans, including any available with the appropriate state office, the regional planning council, etc. •BV shall make a review and analysis of the factors which have contributed to the present development of the planning area to include the following: •Development of the economy; •Physical growth of the community; •The relationship of the community to the region. 39 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 13 of 32 2.Economic Base, “Barrier Analysis" •BV will prepare an inventory of the social, economic, governmental, and industrial elements of the area's development and potential. The inventory shall, to the extent possible, examine the number of people employed in the retail trade, manufacturing, construction and government, the dollar volume of various local employers, and employee income levels. The inventory shall, as a minimum, include, but need not be limited to, the following, as available and appropriate: a)Retail facilities; b)Wholesale facilities; c)Service facilities; d)Financial facilities; e)Manufacturing facilities; f)The physical facilities and rates for the following utilities and communication services: 1.Electric; 2.Water; 3.Natural gas; 4.Sewage and garbage disposal; g)Transportation; h)Quantity, quality and availability of raw materials; i)Labor supply by sex, industry, and skills; j)Available industrial sites and buildings to include: 1. Location; 2.Utility connections; 3. Transportation; 4.Availability. •BV will determine to the extent possible the relationship of the elements inventoried to economic development potential. •A "barrier analysis" shall be prepared which rates the following cost factors and operating condition factors, as appropriate. The ratings shall be assigned based on a comparison with regional, state, and/or national standards. a)Cost Factors: 1.Wage levels (g) Land/site costs 2.Electricity costs (h) Local property taxes 3.Fuel costs (i) Financing costs 4.Water costs (j) State costs 5.Sewer costs (k) Other(s), as appropriate 6.Building costs b)Operating Condition Factors: 1.Unskilled labor supply (k) Availability of air service 2.Skilled labor (l) Vocational education facilities 3.Productivity (m) Site availability 4.Unionization (n) School facilities 5. Labor-management relations (o) Medical services 6.Electric power availability (p) Natural features, resources, geography, etc. 7.Water and sewer availability (q) Others, such as, telecommunications, 8.Gas availability aesthetics, community receptivity, laws, 9.Common motor carrier service community organizations, debt, etc. 10.Rail/freight service c)BV shall determine whether the city should use other standards and analysis tools in addition to those above to derive an alternative comparison. 40 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 14 of 32 d)BV shall coordinate with community leaders and draw some conclusions as a result of the inventory and analysis required above; and, e)Determine whether the pattern of economic growth should be altered. f)BV shall suggest what type of policies and/or codes should be implemented to improve conditions for the encouragement of economic opportunities and local business expansion and attraction. 3.P LAN •BV shall develop an economic development plan with goals and objectives. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •The implementation strategy should focus on private and public investment and resources. •The plan shall include graphics, if appropriate, and shall suggest a response to the inventory and analysis above and provide appropriate or possible: a)Public/private sector projects and their costs; b)Financing sources and incentives; and c)Changes to policies, codes and ordinances that could improve the economic climate. C.Central Business District 1.Commercial Area Inventory •BV shall make an assessment of the Central Business District (CBD) that should include its area of immediately adjacent influence to include but not necessarily limited to the following: a)The existing land use of the Central Business District; b)Street rights-of-way and pavement widths, where applicable; c)Locations and condition of sidewalks, curbs and gutters; d)On and off-street parking; e)Condition of buildings; f)Location of traffic controls by types; and g)Traffic volumes and turning movements for major streets, where available; h)Physical geographic features of the community that could have a positive or negative effect on the integrity of the CBD. •BV shall show the above inventory on a symbol-coded map. •BV shall prepare a drawing to show the relationship of the CBD to other supportive and competitive development within the community. 2.Analysis •BV shall analyze the findings above and should determine: a)The Central Business District and its relationship to community development to determine if improvements or rearrangement of commercial facilities are needed; b)A ratio of existing and projected commercial acreage; c)A ratio of used and vacant commercial floor area in the central business district; and d)Other significant details and their impact on the vitality of the central business district as they become evident during the course of the study. 3.Central Business District Plan •BV shall prepare a goal(s) statement and annual Central Business District related objectives. •To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. •In relation to recognized problems, goals and objectives, BV shall prepare recommendations that could improve the aesthetic values and physical integrity of the Central Business District considering possible: a)Improvement to facades and alleyways; b)Pedestrian walkways; c)Landscape treatment of street medians, pedestrian ways and rest areas; and/or d)Removal of obsolete buildings and overhead utility lines. 41 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 15 of 32 •BV shall prepare a Central Business District Plan to graphically illustrate the redevelopment of the area in relation to the formulated goals and objectives. The Central Business District •Plan map(s) shall, as a minimum include but not necessarily be limited to: a)Any necessary rearrangement of land uses to improve compatibility; b)Any necessary building relocation or reorientation in order to improve their usefulness; and c)On and off-street parking areas. •BV shall present phased improvements, estimated costs and sources of funding. D.Street System 1.Street Study •BV shall make an inventory of the physical characteristics of the street system to record, but not necessarily be limited to the following: a)Rights-of-way widths, as available; b)Paving widths, types and condition of pavement; c)Curb and gutter and/or borrow (roadside) ditches; d)Other information concerning configuration, traffic flow, and street conditions, including possible impediments to traffic flow, particularly in an emergency situation, as appropriate and/or available. •Data and information from the Texas Department of Transportation shall be used to the maximum extent feasible. •Using the base map for illustrative purposes, BV shall prepare a Street Conditions Map showing the existing street system inventory. 2.Street System Analysis •BV shall make an analysis of the street system and list and rank problems and should present possible alternative actions and costs in providing solutions. •BV shall determine the adequacy of the system to meet existing and forecasted needs, including during emergency situations, and make recommendations for any needed improvements concerning configuration, traffic flow, and street conditions. Recommendation should prepare for contingencies, including planning evacuation routes. 3.Street Plan •BV shall prepare a goal(s) statement and street-related objectives for the planning period and should include construction-related and policy–related recommendations regarding streets’ improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a)Priorities; b)Estimated costs; and c)Sources of possible funding. •Using the base map BV shall prepare a Future Street Conditions Map. •The plan shall provide for the elimination of deficiencies and recommended improvements to meet forecasted needs. Improvements shall be in accordance with accepted municipal standards and shall be shown by phases. E. Thoroughfare System 1. Inventory Of Major And Collector Streets •BV shall prepare standards or criteria to determine the definition for major and collector streets and shall include the information in the narrative section of the study. •BV shall conduct a study of major and collector streets to determine the present condition of these streets within the planning area. The study should include but not necessarily be limited to: a)Peak hour and average daily traffic counts, where available; b)Right-of-way widths; c)Paving widths, types and condition of pavement; 42 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 16 of 32 d)Traffic control data; e)Parking restrictions; f)Curb and gutter; g)Origin and destination information, where available; h)Land use and traffic generator information; i)Truck routes; and, j)Emergency routes. •Information from prior studies, the county, Texas Department of Transportation and other available sources shall be used to the maximum extent feasible. •Using the base map for illustrative purposes, BV shall prepare a Thoroughfare Conditions Map to show b. (1) through (9), above, as applicable. 2.Thoroughfare Analysis •BV shall list and rank problems related to the thoroughfares system. •To determine the size and quality of streets needed in the project area, an analysis shall be made for all major and collector streets, their locations, adequacy or inadequacy for existing and forecasted population, land uses, etc. As a minimum, the following should be considered, where appropriate: a)Texas Department of Transportation traffic counts, local traffic habits, and other factors; b)Circulation studies prepared previously; and c)Street standards approved by the locality and State. 3.Thoroughfare Plan •BV shall prepare a goal(s) statement and thoroughfare system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding thoroughfare system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a)Priorities; b)Estimated costs; and c)Sources of possible funding. •In relation to the analysis of existing and anticipated land use, school and park locations, travel habits, employment centers, traffic generators, traffic volumes; and in coordination with plans of the Texas Department of Transportation, and other available studies, BV shall prepare a plan for a system of thoroughfares, major and collector streets to meet the future circulation needs of the planning area. •Using the base map at its contracted scale for illustrative purposes, BV shall show phased improvements on a Future Thoroughfares Map. •BV will prepare sketch plans for improved channeling of traffic at intersections where problems exist or are anticipated during if needed. F.Water System 1.Water System Inventory •BV shall make a review of all prior studies and other available data on the existing water system. •BV shall make an inventory of the physical characteristics of the system to include, but not necessarily be limited to the following: a)Location of lines, valves, fire hydrants, and line sizes; b)location and capacity of ground and elevated storage facilities; c)Location and capacity of wells and pumps; d)Location and capacity of water treatment facilities, as appropriate; e)Location and capacity of generators; f)Condition of system elements and other system data, as available. 43 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 17 of 32 •Using the base map for illustrative purposes, BV shall prepare a Water System Map showing existing facilities as specified in the inventory required above. Mapping shall show all facilities and illustrate the entire area that the facilities serve. •BV shall report appropriate standards and criteria used to determine the water system needs and include them in the narrative section of the report, including the name of publications where standards can be found. Reference shall be made to the existing and required Drought Contingency and Water Conservation Plan. 2.Water System Analysis •BV shall make an analysis of the water system and list and rank problems and should present possible alternative actions and costs in providing solutions, while particularly considering the water system’s ability to provide reliable service, including fire protection within state standards during drought conditions. As a minimum, the following should be considered in determining problems connected with the water system: a)Water quality; b)Storage facilities; c)Availability of water; future needs; d)Water pressure; e)Water costs to city; f)Water cost to customers and review of current and g)Operation procedures. •Distribution lines; •Ability to function under disaster situations, such as, flood, fire, tornado, power outages, etc. •BV shall determine the adequacy of the system to meet existing and forecasted needs. •BV shall evaluate the local system’s capability to provide water under drought and other disaster-related conditions and in regard to its drought contingency and water conservation plan and accepted conservation practices. •BV shall evaluate the local system’s capability to provide water, including during drought and other disaster-related conditions, and coordinate with the Regional Water Plan and the State W ater Plan, where applicable. 3. Water System Plan •BV shall prepare a goal(s) statement and water system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding water system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a)Priorities; b)Estimated costs; and c)Sources of possible funding. •The studies and plans developed shall be in strict accord with criteria established by the Texas Commission on Environmental Quality (TCEQ), Texas Water Development Board (TWDB), and the Texas Department of Insurance. •As much as is applicable, appropriate and possible during the contract period and in coordination with TCEQ, which requires drought management plans, BV shall include drought and conservation plans in its overall water system plan. The plans should also include consideration of water provision during other disaster situations, such as flood, fire, tornado, power outages, etc. •Using the base map for illustrative purposes, BV shall illustrate the existing and proposed water system and findings on a Future Water System Map. Recommended improvements shall be shown by phases. 44 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 18 of 32 G.Wastewater System 1. Wastewater System Inventory •BV shall make a review of all information regarding the existing wastewater system. •BV shall make an inventory of the physical characteristics of the system to include, but not necessarily limited to the following: a)Location, condition, and size of lines as available; b)Location of manholes and cleanouts; c)Location and capacities of lift stations; d)Location and capacity of generators; e)Treatment facility and operation arrangement. •Using the base map for illustrative purposes, BV shall prepare a Wastewater System Map showing the existing facilities in relation to topographic features. •BV shall report standards or criteria used to determine wastewater system needs and include the criteria in the narrative section of the report with the name of the publication(s) where standards can be found. 2.Wastewater System Analysis •BV shall list and rank problems related to the wastewater system and should present possible alternative actions and costs in providing solutions. As a minimum, the following should be considered in determining problems of the wastewater system: a)Infiltration; b)Industrial waste and special treatment facilities; c)Operational procedures; d)Unserved areas; e)Characteristics of the soil and terrain affecting collection treatment; f)Ability to function under disaster situations, (flood, fire, tornado, power outages, etc.). 3.Wastewater System Plan •BV shall prepare a goal(s) statement and wastewater system-related objectives for the planning period and should include construction-related and policy–related recommendations regarding wastewater system improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a)Priorities; b)Estimated costs; and c)Sources of possible funding. •Using the base map for illustrative purposes, BV shall prepare a Future Wastewater System Map illustrating phased improvements to the wastewater system in relation to the existing system and topographic features. •Such prepared plan shall be done in accordance with criteria and standards established by the Texas Commission on Environmental Quality (TCEQ). H.Storm Drainage System 1.Storm Drainage Inventory •BV shall conduct an assessment of the project area for any existing storm drainage facilities and all natural drainage courses to include as a minimum: a)Location and condition of drainage ways; b)Location and condition of curb and gutter, borrow (roadside) ditches, culverts, and storm sewers; c)Location of 100 years flood hazard areas; and d)Identification of areas within the community where local flooding has occurred. •Using the base map for illustrative purposes, BV shall prepare a Storm Drainage Map showing the existing facilities in relation to topographic features. 45 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 19 of 32 2.Storm Drainage Analysis •BV shall list and rank problems related to storm drainage and should present possible alternative actions and costs in providing solutions. •BV shall prepare an analysis of the existing drainage system for both natural and man-made facilities. Major and minor drainage areas and areas that have experienced flooding shall be delineated. •Drainage characteristics of the areas shall be briefly described and analysis shall be made to determine methods of eliminating local flooding and eroding of local streets. Data, as available through the National Flood Insurance Program of the Federal Emergency Management Agency, shall be utilized to the fullest extent possible. 3.Storm Drainage Plan •BV shall prepare a goal(s) statement and storm drainage-related objectives for the planning period and should include construction-related and policy–related recommendations regarding storm drainage improvements. To the extent possible, objectives shall be stated in quantifiable terms and target dates set for their achievement. General improvements to meet standards and disaster resiliency needs for at least the first five to ten years shall be stated and include: a)Priorities; b)Estimated costs; and c)Sources of possible funding. •Using the base map for illustrative purposes, BV shall prepare a Future Storm Drainage Map illustrating phased improvements related to storm drainage in relation to the existing conditions and topographic features. I.Recreation And Open Space 1.Recreation And Open Space Inventory •BV shall take an inventory of the community's existing parks, recreation facilities and open spaces to include but not necessarily be limited to the following: a) Location, type and use of public parks; b)Location and type of public recreation facilities, including public school facilities; c)Open spaces of all types including boulevards, parkways, floodplains, conservation areas, etc. •BV shall identify the service area of the parks and recreational opportunities it provides. •Review and report on recreational facilities and open spaces serving the community's population, but outside the municipality's jurisdiction. •Review and report on major recreational facilities serving the community's population that are privately or semi-publicly owned and operated. 2.Recreation And Open Space Analysis •In coordination with city officials, BV shall establish level of service standards and criteria for determining adequacy of existing parks, recreational facilities and open space and future requirements. •BV shall utilize workshops, hearings and/or canvasses to maximize opportunities to solicit public input on needs and document the dates of the methods used. •BV shall describe the legitimate method for assessing needs. Explain how public input was used to assess needs. •In consonance with the recommended standards, BV shall make a study and analysis to determine the adequacy of the existing parks and recreational facilities to meet the needs of the present and forecasted population, considering population growth, and change in composition. •BV shall prepare a listing and priority ranking of problems relating to recreation facilities and open spaces. Explain how priorities were determined. 46 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 20 of 32 3.Recreation Facilities And Open Space Plan •In cooperation with municipal agencies, BV shall determine specific goals relating to recreation and open space requirements and prepare short and long-range (five and ten years’) objectives to accomplish the stated goals. •In relation of existing facilities, recognized problems, and in consonance with goals and objectives, BV shall prepare a parks and open space plan. The plan shall contain appropriate text and mapping and shall, as a minimum, include: a) Recommendations for improvements and expansion to existing facilities; b)Recommendations for the general location of new facilities; c)Recommendations for the development and protection of open space areas to include conservation areas and other areas endorsed with natural beauty; and d)Recommendations toward coordinating municipal programs and facilities with other overlapping services within the community, such as school facilities, etc. e)Population projections for the period of the plan and demographics on ethnicity, age, and income. f)The existing and proposed parks (and facilities, as appropriate), greenbelts and open spaces illustrated on the base map at its contracted scale. •Recommended community improvements for the first five years shall be programmed and shall, as a minimum, include the following: a)Phasing of clear and measurable priorities; b)Timeline for completion; c)Estimated cost by project; and d)Possible sources of funding. J.Capital Improvements Program 1.Financial Analysis •BV shall make a financial analysis of the municipality to the extent possible to determine the municipality's approximate ability to finance present and future capital improvements. The study should include, but not be limited to the following: a)Past, present, and anticipated sources and amounts of income; b)Annual budgets; c)Operating costs; d)Direct and overlapping public debt; e)Outstanding municipal bonds and their schedule of retirement; f)Public improvements financing practices; and g)Recommended standards concerning debt limitations. 2.Capital Needs List •Based on the previous studies, and all capital needs, BV shall prepare a capital needs list of projects by category with general priorities for improvements to be accomplished during the planning period through workshop meetings with local officials. BV shall classify the type of capital improvements according to guidelines, such as: a)Mandatory: Those which protect life or health. b)Necessary: Those which are important public services. c)Desirable: Those which replace obsolete facilities. d)Acceptable: Those which reduce operating costs. 3.Capital Improvements Program •In consonance with the capital needs list and in coordination with the city’s budget, BV shall prepare a schedule of projects recommended for the municipality for the first five (5) to six (6) years of the planning period. The schedule shall list projects by category together with estimated cost, sources of funds and year of construction. •A map shall be prepared to show the projects by type and year of construction. 47 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 21 of 32 K. Subdivision Ordinance 1.Ordinance Development •BV shall prepare technical material necessary for the drafting and/or updating of a subdivision ordinance that will best be adapted to direct the platting of land consistent with proposals of the previously prepared Land Use Plan. •The technical material prepared shall be based on sound platting and planning principles and not be inconsistent with all applicable laws. 2.Ordinance Review •Following development of the technical material and prior to adoption, BV shall seek counsel and advice from the city's attorney regarding the legal aspects and implications of subdivision controls. •BV shall prepare the technical material for the subdivision ordinance in a form suitable for its adoption and submit it in report form to the Department as provided herein. L. Zoning Ordinance 1.Ordinance Development •BV shall prepare technical material necessary for the drafting of zoning ordinance that will best be adapted to direct the use of land consistent with proposals of the city's previously prepared Land Use Plan. •Technical material on zoning shall be based on sound zoning principles and not be inconsistent with all applicable laws, •Based on the Land Use Plan and other plans related to physical development of the municipality, BV shall have prepared a Zoning District Map using the base map. 2.Ordinance Review •Following development of the technical material and prior to adoption, BV shall seek counsel and advice from the city's attorney regarding the legal aspects and implications of zoning. •The technical material on zoning and the recommended zoning district map shall be prepared in report form suitable for adoption. Current Planning Activities Zoning Application and request reviews and analysis •Property owner information within 200 feet of site application can be mapped and mailing labels provided. •Public notice can be submitted to the newspaper of record for publication and necessary documentation for agenda item posting can be provided. •Letters of notification with map can be mailed and site signage (By City) can be placed on the property 15 days prior to the Commission meeting date. •Zoning Ordinance based upon owner request will be prepared. (Recommended ordinance wording can be provided). •An analysis/staff report can be prepared for city from a planning perspective. •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. •Adjustments to the Comprehensive Plan and zoning map can be made if approved. Site Plan Applications and request reviews and analysis* •Review of application for general completeness for accepting site plan for review.* •Review for compliance with appropriate general zoning district or planned development. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication with applicant can be facilitated. •Review for compliance with landscape requirements. •Review of circulation/fire lanes. •An analysis/staff report can be prepared for city from a planning design perspective. 48 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 22 of 32 •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. Preliminary Plat Applications and reviews •Review of application for general completeness for accepting for review. ** Rejection letter if necessary to stop 30-day clock for automatic approval. •Review for compliance with appropriate general zoning district or planned development guidelines. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication with applicant can be facilitated. •An analysis/staff report can be prepared for city approval/denial recommendation. •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. Final Plat Applications and reviews •Review of application for general completeness for accepting for review. ** Rejection letter if necessary to stop 30-day clock for automatic approval. •Review of conformance to preliminary plat. •Review for compliance with appropriate general zoning district or planned development guidelines. A copy of the document to be reviewed will be red lined and a written report provided itemizing each deficiency noted and returned to city. If the city desires a direct line of communication between applicant and BV can be facilitated. •An analysis/staff report can be prepared for city approval/denial recommendation. •Presentations for the Planning and Zoning Commission can be prepared and presented. •Presentations for the City Council can be prepared and presented. Base Map/Zoning Map Updating: •Preparation of new digital base map. •Updating existing base map. •Updating or preparing zoning maps. 911 Addressing •Development of a 911 addressing system (Digital base map to be provided by city or prepared by BV). •Address all new developments *Preliminary consultations can be provided to an applicant upon request to assist and guide them in the plan preparation process. **If not available BV will develop checklists for each type of development to be used to check for minimum submittal requirements of an application. ADA SERVICES PHASE 1 ADA Services Phase 1A: ADA Coordinator and Department Liaison Selection and Training •Scope: Assist City with identifying an ADA Coordinator if not already done so. Work with appointed ADA Coordinator to identify ADA Liaisons, at a minimum, for all public facing departments (i.e. Permitting, Water Utility, Library, Parks & Rec., Police, Fire, etc…). Help ADA Coordinator develop training material for distribution to all ADA Liaisons. Also assist ADA Coordinator to develop a master schedule for quarterly, bi-annual or annual meetings between ADA Coordinator and ADA Liaisons (ADA Task Force). 49 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 23 of 32 Phase 1B: ADA Notice Development and Distribution •Scope: Assist appointed ADA Coordinator with development of ADA Notice specific to the City represented. Ensure that all ADA notices are displayed at public facing and internal facing areas. Ensure that ADA notice is also placed on city website. Phase 1C: ADA Grievance Procedure Development and Distribution •Scope: Assist appointed ADA Coordinator with development of ADA Grievance Procedure. Develop complaint form and make complaint form accessible. Ensure that procedure includes ability for complainants to access and file complaints easily. Ensure that grievance procedure is available on city website and accessible. Phase 1D: ADA Training at Staff Level Public Facing Departments •Scope: Once ADA Coordinator and ADA Liaisons are identified, develop a training schedule to allow public facing department staff to attend ADA training. Assist ADA Coordinator with one training session. Assist with development of training materials. PHASE 2 ADA Services IMPORTANT: Sample of Tasks & Costs Only – Client Specific Tasks & Costs TBD Phase 2A: ADA Self-Evaluation •Scope: o Task 1 – Project Management: Bureau Veritas (BV) will maintain project records, budgets, and communication during the project duration. BV will provide weekly project update calls to assigned City staff (ADA Coordinator) to keep schedule current. o Task 2 – Project Kickoff: Meet with City staff to introduce the proposed project tasks, schedule, and method of prioritizing barrier removals. Coordinate with City staff to identify and collect necessary documents to support Self-evaluation process and facilities survey. o Task 3 – Initiate Self-evaluation: 3 A: Meet with major public facing departments ADA Liaisons (Parks & Rec., Police, Fire, Codes & Permitting, Public Works, Library, Health) to begin review ordinances, policies, and procedures of programs, services, and activities. 3B: Provide instructions and handouts to ADA Liaisons and describe how they can perform reviews of item 3A and by what scheduled date the reviews are due back to BV for compiling. 3C: Work with ADA Liaisons to ensure they understand their responsibilities to update the final ADA Transition Plan in future years. o Task 4 – Facilities Survey: 4A: Public buildings – Survey three (3) City buildings (City Hall, Court House, and Library) to determine compliance and non-compliance with ADA regulations. 4B: Public parking lots – Survey three (3) public parking lots (City Hall, Court House, and Library) to determine compliance and non-compliance with ADA regulations. 4C: City parks – Survey up to three (3) city parks to review shelters, restrooms, sport courts, fields, pools, concession stands, playground equipment, pedestrian and bicycle trails. 4D: Signalized intersections – Survey up to fifteen (15) city owned and maintained signalized intersections. BV will evaluate curb ramps and sidewalks leading to each 50 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 24 of 32 intersection. Signage at each intersection will also be reviewed. Which intersections to survey depends on City staff input, traffic volumes, and adjacent land uses. 4E: Sidewalks – Survey up to four (4) miles of City sidewalks, curb ramps, and path of travel along arterial roadways. Which City sidewalks, curb ramps, and path of travel to survey depends on City staff input, traffic volumes, pedestrian use, and adjacent land uses. o Task 5 – Survey Data Reporting: 5A: BV will create a survey and cost reporting for each facility noted in Task 4. Each survey report will note compliance status with ADA and State standards and include the following: •Listing of facilities in compliance. •Listing of facilities not in compliance. •Recommended actions to resolve non-compliance elements. •Prioritize list of recommended actions based on agreed upon methodologies between BV and City staff. •Assign conceptual costs and budget based on prioritized list of recommended actions. •Provide photo log of each facility surveyed. •Provide listing of sidewalks, curb ramps, and signalized intersections data for compiling into City GIS system. 5B: Review City Boards and Commissions policies and procedures for compliance with ADA regulations. Phase 2B: ADA Transition Plan •Scope: o Task 1 – Coordinate with ADA Coordinator on strategy for developing Transition Plan including review of City ordinances, design standards relating to sidewalks, curb ramps, Identify policies and procedures for compliance with ADA regulations. o Task 2 – Develop survey process to assist ADA Coordinator with evaluating accessibility improvements identified in Phase 2A: ADA Self-evaluation. Utilize prioritization methodology developed within Phase 2A for recommended improvements. o Task 3 – Assist ADA Coordinator in creating an implementation schedule for accessibility improvements. Prioritize improvements by facility type, severity, and cost estimates. o Task 4 – Review and recommend exceptions and exemptions that may apply under ADA regulations such as historic significance, alteration affecting fundamental nature of programs, services, and activities, structural feasibility, and programs affected by financial and administrative burden. o Task 5 – Assist ADA Coordinator with defining on-going budget needed to implement the Transition Plan and bring non-compliance elements into compliance. Help identify possible external funding sources if applicable. Phase 2C: Public Participation, Outreach, and City Staff Training •Scope: The Department of Justice requires public entities to engage with the public during the ADA Transition Plan development including appropriate consultation with individuals with disabilities. 51 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 25 of 32 o Task 1 – BV will facilitate one (1) public workshop for the City to review draft ADA Self- evaluation and ADA Transition Plan. o Task 2 – BV will prepare outreach materials and prepare brief summary of the workshop and highlight actions items. o Task 3 – Conduct ADA Coordinator and Liaisons training relating to disabilities etiquette, technologies, and procedures that can assist City staff in providing services to people with disabilities. Phase 2D: Meetings, Presentation to Council, and Documentation •Scope: o Task 1 – Progress Meetings: BV will conduct up to three (3) on-site meetings during the project period. Other meetings can be conducted by conference calls with ADA Coordinator and Liaisons. o Task 2 – City Council Meeting: BV will conduct one (1) meeting to introduce the project to Council and present the final ADA Self-evaluation and ADA Transition Plan. o Task 3 – Summary Documents: Provide meeting minutes after on-site meetings or conference calls to help guide ADA Coordinator and Liaisons. o Task 4 – Draft ADA Self-evaluation and ADA Transition Plan: Based on the ADA Self- evaluation process as detailed on Phase 2A, the documents will include the following: 4A: Executive summary describing the project purpose, process, and significant findings. 4B: Review of policies, procedures, and recommendations for improvement as noted in Phase 2A. 4C: A schedule that is developed in phases with cost estimates for the removal of accessibility barriers that cannot be resolved through changes to program or services by relocating, using auxiliary aides, or providing equivalent facilitation. 4D: BV will provide reproducible hard copies of the ADA Self-evaluation and ADA Transition Plan and electronic PDF format to the City ADA Coordinator for use and distribution. o Task 5 – Final ADA Self-evaluation and ADA Transition Plan: Following the review of the draft plans as noted in Task 5, BV will incorporate comments and prepare final plans for ADA Coordinator use and distribution. o Task 6 – Final Deliverables: 6A: Two (2) paper copies each of Draft ADA Self-evaluation and ADA Transition Plan. 6B: Two (2) paper copies of Final ADA Transition Plan and one (1) PDF copy including any appendices. 6C: One (1) electronic GIS copy of all field data compatible with City GIS system. HYGIENE SAFETY EXCELLENCE BVNA has launched a certification label based on health measures to accompany the resumption of activity in various industries, both private and public. The Hygiene Safety Excellence Certification program assists with reopening facilities and services. Our partnership with the Cleveland Clinic provides clear guidance and ensures confidence for both internal employees and the public as programs and services resume. This certification program includes the following five phases. All phases may be selected or individual phases may be selected to match the needs requiring assistance and BVNA will assist accordingly. 52 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 26 of 32 I.CONSULTING: Build a detailed Hygiene Safety Excellence (Guide) for prevention and safety. II.TRAINING AND COMMUNICATION: Create and administer communication/training kits for good hygiene practices for all employees (optional collaboration initiatives between Client marketing and BV marketing to promote hygiene safety). III.INITIAL AUDIT: Complete initial audit and reporting of hygiene protocols and operational requirements (optional surface testing if requested). IV.HYGIENE SAFETY EXCELLENCE LABEL: Apply for Hygiene Safety Excellence Certification (and install Certification label). V.SURVEILLANCE: Continue ongoing auditing and testing in order to comply with the Hygiene Safety Excellence (Guide). 53 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 27 of 32 ATTACHMENT B FEE SCHEDULE CONSTRUCTION CODE SERVICES Fee Table 1 - Commercial and Multi-Family construction plan review Valuation Fee $1.00 to $10,000.00 $50.00 $10,001.00 to $25,000.00 $70.69 for the first $10,000.00 plus $5.46 for each additional $1000.00 $25,001.00 to $50,000.00 $152.59 for the first $25,000.00 plus $3.94 for each additional $1000.00 $50,001.00 to $100,000.00 $251.09 for the first $50,000.00 plus $2.73 for each additional $1000.00 $100,001.00 to $500,000.00 $387.59 for the first $100,000.00 plus $2.19 for each additional $1000.00 $500,001.00 to $1,000,000.00 $1,263.59 for the first $500,000.00 plus $1.85 for each additional $1000.00 $1,000,001.00 and up $2,188.59 for the first $1,000,000.00 plus $1.23 for each additional $1000.00 Fee Table 2 - Commercial and Multi-Family construction inspection Valuation Fee $1.00 to $10,000.00 $76.92 $10,001.00 to $25,000.00 $108.75 for the first $10,000.00 plus $8.40 for each additional $1000.00 $25,001.00 to $50,000.00 $234.75 for the first $25,000.00 plus $6.06 for each additional $1000.00 $50,001.00 to $100,000.00 $386.25 for the first $50,000.00 plus $4.20 for each additional $1000.00 $100,001.00 to $500,000.00 $596.25 for the first $100,000.00 plus $3.36 for each additional $1000.00 $500,001.00 to $1,000,000.00 $1,940.25 for the first $500,000.00 plus $2.85 for each additional $1000.00 $1,000,001.00 and up $3,365.25 for the first $1,000,000.00 plus $1.89 for each additional $1000.00 Fee Table 3 - Construction or Improvement of a Residential Dwelling New Residential Construction Plan Review and Inspection Fee Square Footage (S.F.) Fee 0 - 1,500 S.F. $785.00 1,501 - 10,000 S.F. $785.00 for the first 1,500 S.F. plus $0.35 for each additional S.F. to and including 10,000 S.F. Over 10,000 S.F. $3,760.00 for the first 10,000 S.F. plus $0.15 for each additional S.F. over 10,000 S.F. 54 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 28 of 32 Plan Review Only Plan Review Fee Only Per Dwelling Unit, a new plan for previously reviewed plan or Master Plan $200.00 per Plan or per Address Plan review fee when a permit has been issued for the dwelling and the construction plans are altered such that an additional plan review is required (excludes new plan) $150.00 per Plan or per Address Alterations / Additions / Improvements for Residential Construction Trade Permits Fee Building, Mechanical, Electrical, Plumbing, Fuel Gas and similar $100.00 per trade Other project types not listed above $160.00 per trade Miscellaneous residential projects such as, but not limited to, Accessory Structures, Fences, Pools, etc. See Fee Table 2  All fees billed upon issuance of the permit by the jurisdiction Back-up inspections  Backup inspections will be performed during times of inspector absence due to illness, vacation or training at the listed rates. All other project activity will utilize the tables above. Single Family Residential Commercial and non-Single Family Residential $76.92 per address/building $125.00 per address/building/unit FIRE SERVICES Single Family Residential Fire Services Fire Code Plan Review Services $175.00 Fire Code Inspection Services $400.00 Fire Code Plan Review Services - Commercial and Multi-Family construction (Fire Alarm System & Fire Sprinkler System) Valuation Fee, Each System Less than $6,250 $200.00 $6,250 to $250,000 $300.00 $251,000 to $500,000 $425.00 $501,000 to $1,000,000 $550.00 $1,001,000 to $3,000,000 $800.00 $3,001,000 to $6,000,000 $1,200.00 $6,000,000 and up $1,200.00 plus $0.38 for each additional $1,000.00 Fire Code Inspection Services - Commercial and Multi-Family construction (Fire Alarm System & Fire Sprinkler System) Valuation Fee, Each System Less than $6,250 $300.00 $6,250 to $250,000 $425.00 55 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 29 of 32 $251,000 to $500,000 $525.00 $501,000 to $1,000,000 $675.00 $1,001,000 to $3,000,000 $950.00 $3,001,000 to $6,000,000 $1,425.00 $6,000,000 and up $1,425.00 plus $0.38 for each additional $1,000.00 Valuation is based on construction valuation for project Fire Underground Fire Code Plan Review (1 hour minimum) $100.00 per hour Fire Code Plan Inspection (1 hour minimum) $250.00 per hour Fire Extinguisher Suppression System Per permit, one Inspection $450.00 Each re-inspection $100.00 Fire Certificate of Occupancy Inspections Fire Certificate of Occupancy inspections  Minimum one hour per inspection $150.00 per hour Annual Fire Safety Inspections Day Care, Foster Home, Commercial Business (each inspection and re-inspection per location) $100.00 Nursing Home / Assisted Living / School (each inspection and re-inspection per location) $250.00 Underground / Aboveground Fuel Storage Tanks Fire Code Plan Review $350.00 Fire Code Inspection $450.00 Site Plan Fire Code Plan Review (2 hour minimum) $250.00 per hour Fire Code Plan Inspection (2 hour minimum) $250.00 per hour The construction valuation is determined by the greater of the declared valuation of the project or the valuation calculated using the International Code Council Building Valuation Data table, first update of each calendar year. Example: Square Foot Construction Costs Group (2018 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08 The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. New Building 56 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 30 of 32 Group B occupancy Type VB construction 10,000 square feet total building area Declared construction valuation $1,200,000. Calculated construction valuation - 10,000 square feet X $136.08 per square foot = $1,360,800. The calculated construction valuation is greater than the declared construction valuation so $1,360,800 is used to calculate the Bureau Veritas fee for the project. * Note: BVNA fees do not include any taxes, licensing or other fees imposed by governmental or outside agencies. HEALTH SERVICES PER INSPECTION ONLY: Food Service Inspections - Per each inspection •Permanent Food Establishment Inspection •Mobile Food Vendor (Hot and Cold Truck) Inspection •Seasonal Vendor Inspection •Public Swimming Pool Inspection 1 - 150 per year - $150.00 Each after 150 - $125.00 Temporary Event Inspection - Per each vendor permit (up to 5 permits per event) $100.00 (6 or more permits per event) $150.00 per hour  Minimum two hours Complaint Investigation - Per each complaint $150.00 Consultation outside of the aforementioned scope of services: Health Plan review, Health Final and CO inspections and/or for each re-inspection.  Minimum one hour $150.00 per hour PUBLIC WORKS SERVICES Public Works Inspection Only 2.5% of the cost of construction Public Works Plan Review & Inspection 3.0% of the cost of construction Temporary Back Up Inspection $150/hour, minimum 4 hours. PLANNING AND MAPPING SERVICES Fixed Fees (Based on estimated population in $/1,000 people, minimum 5,000 people) Comprehensive Planning and Mapping Item Elements Cost / 100 people Min. Hours 1 Base Planning a.Base Map* b.Land Use c.Population d.Housing+D45 $2,000 67 2 Parks & Recreation $750 25 3 Thoroughfare Plan $750 25 4 Central Business District Planning $1,250 42 5 Zoning Ordinance (fixed fee) $6,500 43 57 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 31 of 32 6 Subdivision Ordinance (fixed fee) $6,500 43 7 Streets Condition Study $700 23 8 Water Study Distribution and Supply $1,000 33 9 Wastewater Collection and Treatment $1,000 33 10 Capital Improvement Plan $300 10 11 Digital Map preparation* $1,000 33 12 Citizen Participation $1,250 42 As a minimum Item 1 and 12 must be included in any study except Item 11 which is a standalone element *Assume easy access to documents - additional research listed under additional services Hourly Fees Available Planning Services Element Cost Site Plan Review $150 per hour (1 hour minimum) Site Plan Preparation $150 per hour (1 hour minimum) Zoning Application Review $150 per hour (1 hour minimum) SUP Application Review $150 per hour (1 hour minimum) Zoning Board of Adjustment Application Review $150 per hour (1 hour minimum) Sign Application Review $150 per hour (1 hour minimum) Zoning Case Ordinance Preparation $150 per hour (1 hour minimum) Plat Review - Planning Perspective $150 per hour (1 hour minimum) Public Hearing Notice map and ownership list (City Mails) $150 per hour (1 hour minimum) Zoning Map Updates $150 per hour (1 hour minimum) 911 Address mapping (First Time) $1,000 per person Min. 33 hours 911 Address mapping updates $150 per hour (1 hour minimum) City Council/Planning and Zoning Meeting $225 per hour (1 hour minimum) Contract Planning Director $175 per hour (1 hour minimum) Contract Planner $150 per hour (1 hour minimum) Contract work for Developer interests $150 per hour (1 hour minimum) Easement Acquisition Negotiator $150 per hour (1 hour minimum) Additional Services $150 per hour (1 hour minimum) *Assume easy access to documents - additional research listed under additional services Reimbursable Expenses ($150 per hour) Reimbursable expenses shall include, but not be limited to, the following: Mileage (Per current IRS rate) Domestic Travel Per Diem (Per current GSA rate plus lodging) Other Direct Project Expenses (at cost plus 15%) including: • Printing, graphics, photography and reproduction • Special shipping 58 BUREAU VERITAS NORTH AMERICA, INC. Standard Professional Services Agreement (Facilities) - Rev. (3) 04-14-2021 Page 32 of 32 ADA SERVICES Grand Total for Phase 1 Scope of Work Phase 2 Details Number of Hours Rate per Hour Sub-total 1A – ADA Coordinator & Liaisons Selection & Training 40 $150.00 $6,000.00 1B – ADA Notice Development & Distribution 40 $150.00 $6,000.00 1C – ADA Grievance Procedure Development & Distribution 40 $150.00 $6,000.00 1D – ADA Training of City Staff of Public Facing Depts. 56 $150.00 $8,400.00 Grand Total: 176 (1.5 wks) $26,400.00 Grand Total for Phase 2 Scope of Work Phase 2 Details Number of Hours Rate per Hour Sub-total 2A – ADA Self-evaluation 576 $150.00 $86,400.00 2B – ADA Transition Plan 96 $150.00 $14,400.00 2C – Public Participation, Outreach, and City Staff Training 40 $150.00 $6,000.00 2D – Meetings, Presentation to Council, and Documentation 168 $150.00 $25,200.00 Grand Total: 880 (5.5 mos.) $132,000.00 Note that any additional services above and beyond the scope of work noted above will incur additional fees which BV can review and provide cost estimates to accommodate the City. HYGIENE SAFETY EXCELLENCE Service(s) Related Protocol(s) Fee(s) Consulting – Hygiene Safety Excellence Protocol (Guide) Client Specific (One-time fee) $1,250 per man day eLearning platform and sector specific modules Client Specific $15 per user, plus •One-time setup cost $500 •Optional custom portal per unique module / department function ($2,000) Physical Audit Client Specific $1,450 estimate per Facility* Surface Testing (optional)** Client Specific Pricing available for review Certification Client Specific $195 estimate per Facility *The fee for a larger-sized building may be a higher fee than the estimated Fee shown in the Table. BVNA will propose a fee per facility. **BVNA recommends 10 surface tests per property of random surfaces of service counters, etc. 59 Page 1 of 1 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade L Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of LaTour Tree Service Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: LaTour Tree Service – Debris/Tree Removal Services - $40,000.00. Purchase order for Trophy Club creek inspections of $1,000 per month ($12,000/annually). Debris and tree removal from creeks is not included in the monthly inspection and is bid separately on a case-by-case basis. Debris and tree removal is estimated at $28,000 based on previous years’ costs, for a total PO amount of $40,000.00. Council has approved a budget of $125,000 for account 11-365-67000. A PO for Kanelee Landscapes for $33,000 and a PO for LaTour Tree Service for $40,000 from the same account will leave an unencumbered balance in the Independent Labor account of $52,000 for FY23. 60 61 Agenda Item 9-4 LaTour Tree Service Page 1 of 4 SERVICE CONTRACT I.The Parties. This Service Contract (“Agreement”) made _______________, 20____, is by and between: Service Provider: _______________, with a mailing address of ______________________________ (“Service Provider”), and Client: _______________, with a mailing address of ______________________________ (“Client”). Service Provider and Client are each referred to herein as a “Party” and, collectively, as the "Parties." NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Service Provider to work under the terms and conditions hereby agreed upon by the Parties: II.Term. The term of this Agreement shall commence on _______________, 20____, and terminate: (check one) ☐- At-Will. Written notice of at least ____ days’ notice. ☐- End Date. On _______________, 20____. ☐- Other. ______________________________. III.The Service. The Service Provider agrees to provide the following: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Hereinafter known as the “Service”. The Service Provider shall provide, while performing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities. IV.Payment Amount. The Client agrees to pay the Service Provider the following compensation for the Service performed under this Agreement: (check one) ☐- $______ / Hour ☐- $______ / per Job. A “Job” is ______________________________. ☐- Other: ______________________________. Hereinafter known as the “Payment Amount”. October 1st 22 LaTour Tree Service 2410 Lakeside Dr Arlington Tx 76013 City of Trophy Club Trophy Club Tx October 1st 22 October 1st 23 option for 1 year extensions, with 5% increase in pricing for 3 years following the above End Date Monthly Creek Inspection for all creeks maintained by the City of Trophy Club 1000 Monthly inspection for all Town of Trophy Club creeks 62 Agenda Item 9-4 LaTour Tree Service Page 2 of 4 V. Payment Method. The Client shall pay the Payment Amount: (check one) ☐ - When Invoiced ☐ - Daily ☐ - Weekly ☐ - Bi-Weekly ☐ - Monthly ☐ - Other: ______________________________. Hereinafter known as the “Payment Method”. The Payment Amount and Payment Method collectively shall be referred to as “Compensation”. VI. Retainer. This Agreement requires: (check one) ☐ - A Retainer. Client agrees to pay a retainer in the amount of $______ to the Service Provider as an advance on future Services to be provided. (check one) ☐ - Retainer is refundable. ☐ - Retainer is non-refundable. ☐ - No Retainer. The Client is not required to pay a retainer before the Service Provider is able to commence work. VII. Inspection of Services. Any Compensation shall be subject to the Client inspecting the completed Services of the Service Provider. If any of the Services performed by the Service Provider pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Service Provider, at which time the Service Provider shall promptly correct such work within a reasonable time. VIII. Return of Property. Upon the termination of this Agreement, all property provided by the Client, including, but not limited to, cleaning supplies, uniforms, equipment, and any other items must be returned by the Service Provider. Failure to do so may result in a delay in any final payment made by the Client. IX. Time is of the Essence. Service Provider acknowledges that time is of the essence in regard to the performance of all Services. X. Confidentiality. Service Provider acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Service Provider shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Service Provider or any other person, except with the prior wri tten consent of the Client. 63 Page 3 of 4 a.) Return of Documents. Service Provider acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client. b.) Injunction. Client agrees that it would be difficult to measure damage to the Client's business from any breach by the Service Provider under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Service Provider agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client c.) No Release. Service Provider agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section. XI. Taxes. Service Provider shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Service Provider shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed. XII. Independent Contractor Status. Service Provider acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Service Provider shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Service Provider represent to anyone that it has a right to do so. Service Provider further agrees that in the event the Client suffers any loss or damage as a result of a violation of this provision , the Service Provider shall indemnify and hold harmless the Client from any such loss or damage. XIII. Safety. Service Provider shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Service Providers, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Service Provider agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Service Provider shall be solely responsible and liable for any penalties, fines, or fees incurred. XIV. Alcohol and Drugs. Service Provider agrees that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If the Service Provider or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately. 64 Page 4 of 4 XV. Successors and Assigns. The provisions of this Agreement shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Service Provider or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Service Provider or Client. XVI. Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including , without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal. XVII. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver. XVIII. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of ___________________. XIX. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. XX. Additional Terms & Conditions. _______________________________________ ______________________________________________________________________ ______________________________________________________________________ XXI. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties. IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers. Client’s Signature _______________________ Date ____________ Print Name _______________________ Service Provider’s Signature _______________________ Date ____________ Print Name _______________________ Texas 10-1-2022 Jeff LaTour 65 Honorific City Of Trophy Club Kevin O'Dell 100 Municipal Dr Trophy Club, Tx 76262 817-714-3306 Salesperson Jeff LaTour Work Site Jeff@latourtree.com 100 Municipal Dr Trophy Club, Tx 76262 P .O Box 14135, Arlington,TX 76094 817-228-1012 Proposal Friday, September 30, 2022 Billing Address: Proposed Scheduled Work Date: CostQtyDescriptionItem#Unit Cost 1 Service Creek Maintenance Plan $1,000.000 This proposal is a monthly cost for Trophy Club creek Inspections with a 3 year term.(September 2022-September 2025) The proposal will cover all creeks previously inspected by LaTour Tree Service, which trophy club is responsible for. All monthly inspections will include a report, pictures of findings, and proposed solutions upon request. $1,000.00 Signature Date Total:$1,000.00 Subtotal:$1,000.00 Tax:$0.00 We are not responsible for damage to any underground installations such as pipes, cables, wires, and irrigation systems that are not clearly marked. (Additional fee will be applied if we have to make a repair.) Please allow up to 24 hours for brush pickup. Referrals are greatly appreciated! 66 Page 1 of 1 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of Caldwell Chevrolet Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: Caldwell Chevrolet – Vehicle Replacement Purchase - $40,232.00. Purchase order for a 2023 Chevrolet 1500 4WD Crew Cab Buy Board Bid #601-19 in the amount of $40,232 in account #07-522-83700 to replace Unit #117, 2013 Ford F150. Unit #117 has been used for a variety of inspections and code enforcement services. Replacement for this vehicle exceeds the evaluation and criteria levels. This unit will be placed for auction by the Town. Council has approved this purchase for FY2023. 67 Town of Trophy Club Fleet Replacement Policy General Policy It is the policy of the Town of Trophy Club to provide staff with the tools needed to do the job in a professional, competent, and safe manner. Among the biggest “tools” in accomplishing the task are motor vehicles. In addition, these items are a very substantial financial investment and need to be handled in the most economic manner to the Town, both in their operation and in maximizing their disposal value. Each vehicle has a number of “lives”. Vehicles have a service life, which is the amount of time a vehicle is capable of rendering service. Vehicles have a technological life, which is the amount of time a vehicle is capable of rendering service. Vehicles have a technological life, which represents the relative productivity decline of the unit as compared to newer models. Most important, a vehicle has an economic life, which is the length of time the average total vehicles cost is at a minimum. The unit expenses and costs should be considered in determining fleet replacement recommendations; the following is a list of those expenses/costs: 1. Fuel Costs 2. Operation Costs 3.Maintenance Costs, to include parts availability 4.Downtime 5.Technological Obsolescence 6. Condition 7.Safety The realities of the budget process, monetary restrictions, and administrative policies will limit the replacement that can be made each year, and that priorities must be set to determine which vehicles to replace with available funds. The purpose of this policy is to set forth an outline for user departments, in cooperation with the Finance Department to establish these priorities for recommendation to management. Equipment Replacement Evaluation and Criteria Vehicles will be evaluated by four criteria: age, mileage, operation & maintenance cost, condition of body, and mechanical components. A baseline is set for each criterion and points are assigned, depending on how the item’s data compares to the base standard. The ratings are low, base (equal to the standard), high and extreme. Points are assigned as follows: 1-low, 2-base, 3-high, and 4-extreme. Any point total equaling or exceeding eleven (11) indicates that the vehicle should be recommended for replacement. The point total is used to rank its replacement priority, and the larger the number the higher the replacement priority will be. A priority ranking 68 Agenda Item 9-5 TC Fleet Replacement Policy will be developed for the entire fleet by class of vehicle regardless of departmental assignment. Priority ranking is intended to serve as a guide and should be considered along with manager recommendation. Special circumstances might present themselves such that a vehicle may not meet the criteria for recommendation to replace, but due to circumstances not captured in the policy a department head may recommend to replace early. Or on the contrary, a vehicle may meet the criteria for replacement but the manager might recommend delaying replacement because they feel the vehicle can still be of use with little maintenance costs. The following is a brief explanation of the rating criteria: Age: based on the experience in the class of equipment and industry standards as recommended by the Government Services Administration, State standards, other cities, etc., and intended to reflect the least cost and highest resale value to the Town. Mileage/Hours: based on the experience in the class of equipment and industry standards as recommended by the Government Services Administration, State standards, other cities, etc., and intended to reflect the least cost and highest resale value to the Town. Maintenance Cost: The base cost will be a total of maintenance and repair costs as a percentage of the original purchase price. Accident and warranty repairs are not to be included in this total. Condition: a physical evaluation made for each vehicle that meets or exceeds the base standards for age, mileage, and maintenance costs. The criteria would be an assignment of a repair cost as a percentage of the book value of the vehicle. Vehicle history, such as accidents would also be considered at this point. Comments and Other Considerations: This is where the Department Manager can comment on vehicle history, costs, technological changes, safety items, ect. that should be considered in the evaluation 69 Replacement Parameters Age Condition Points Below base replacement age 0 < 1 year over base 1 1-2 years over base 2 3-4 years over base 3 4+ years over base 4 Mileage Condition Points Below base replacement mileage 0 Base + < 10,000 miles (600 hours) 1 Base + 10,000-20,000 miles (600-1,200 hours) 2 Base + 20,000 miles (+1,200 hours) 3 Maintenance Cost Condition Points < 5% of the purchase cost 1 5% to 12% of purchase cost 2 13% to 25% of purchase cost 3 > then 25% of purchase cost 4 Condition Evaluation Condition Points Repair cost <6% of the book value 2 Repair cost 6% to 18% of book value 3 Repair cost >18% of replacement 4 70 Equipment Replacement Base Criteria Item Age Mileage/Hours Truck (non-diesel) 5 80,000 Truck (diesel) 7 90,000 Ambulance 7 75,000/7,500 Police Vehicle 3 60,000 Police Admin Vehicle 5 80,000 71 Vehicle/Equipment Evaluation Summary Report Item #:__________________________ Evaluation/Report Date:________________ Department Assignment: _________________________________________________ Year:________________ Make:_____________________ Model:________________ Description/Use:_______________________________________________________ Summary Values Age ________________ Base Age from Policy _________________ Points: ________ Mileage_____________ Base Mileage________________________ Points: ________ Purchase Cost: _______________ Total M&R: _________________ Points: ________ Book Value: ______________ Est Repair Cost:_________________ Points: _________ Total Points Comments and other considerations: __________________________________________ Community Development Ford F150 Used for inspections and code enforcement services. 4 117 10/18/2022 2013 $14,000 $8,000.00 $3,000.00 4 0 $4,500.00 4 75,000 11 80,000 This unit has a total of 12 points, which exceeds the levels of crieria for replacement. 6 yrs 72 73 Agenda Item 9-5 Caldwell Chevrolet End User:Caldwell Rep: Contact:Phone: Phone/email:Date: Product Description: email:billy@caldwellcountry.com A. Bid Series:31 39,682.00$ B. Published Options [Itemize each below] Code Bid Price Code Bid Price CK10543 INCL INCL INCL INCL INCL INCL 1WT INCL INCL AMF INCL INCL VK3 INCL INCL INCL -$ C. Bid Price Bid Price COLOR COLOR -$ D. Registration, Inspection, Paperwork, Postage cost, Courthouse time, & Runner time:150.00$ E. UPFITTERS:-$ F. Manufacturer Destination/Delivery: G. Floor Plan Interest (for in-stock and/or equipped vehicles):-$ H Lot Insurance (for in-stock and/or equipped vehicles):-$ I. Contract Price Adjustment:-$ J. Additional Delivery Charge:0 miles INCLUDED -$ K. Subtotal:39,832.00$ L. Quantity Ordered 1 x K =39,832.00$ M. Trade in: N.400.00$ O. TOTAL PURCHASE PRICE WITH BUYBOARD FEE 40,232.00$ Total of C. Unpublished Options: BUYBOARD FEE PER PURCHASE ORDER after a PO is issued.** *due to semiconductor supply shortages, feature availability will change throughout the model year. **Prices/Quotes are valid for 30 days due to GAZ- SUMMITE WHITE supply chain constraints. Reverify pricing prior to H2G - JET BLACK issuing a PO. Commodity surcharges may apply Total of B. Published Options: Options Options LED LIGHTS CARGO AREA WORK TRUCK PREFERRED GROUP AC & HEAT REMOTE KEYLESS ENTRY BLUETOOTH/APPLE CAR PLAY FRONT LICENSE PLATE KIT THEFT DETERRENT SYSTEM 1500 CREW 4WD HD REAR VISION CAMERA 5.3L ECOTEC3 V8 POWER WINDOWS & LOCKS 10 SPEED AUTO TRANS CRUISE CONTROL MCOX@TROPHYCLUB.ORG Tuesday, May 24, 2022 2023 1500 CREW CAB 4WD A. Base Price: Options Options CALDWELL COUNTRY CHEVROLET 800 HWY. 21 E. CALDWELL, TEXAS 77836 BUYBOARD BID 601-19 TROPHY CLUB BILLY HUGHES QUOTE #BH220491 MATT COX 682-237-2915 74 Agenda Item 9-5 Caldwell Chevrolet Page 1 of 1 To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade L Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of Kanelee Landscapes (TLC Landscapes) Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: Kanelee Landscapes (TLC Landscapes) – Mowing/Trimming Services - $33,000.00. Purchase order for Trophy Club creek maintenance for mowing and trimming banks of the creeks at Byron Nelson Creek and Lakeview Creek from account #11-365-67000 in the amount of $33,000.00. Council has approved a budget of $125,000 for account 11-365-67000. A PO for Kanelee Landscapes for $33,000 and a PO for LaTour Tree Service for $40,000 from the same account will leave an unencumbered balance in the Independent Labor account of $52,000 for FY23. 75 Estimate Date 9/23/2022 Estimate # 4210 Name / Address Town of Trophy Club Attn: Kevin Odell 1 Trophy Wood Dr Trophy Club, TX 76262 TLC Landscapes PO Box 443 Roanoke, TX 76262 Project Phone # 8175657650 tlclandscapestx@gmail.com Total Subtotal Sales Tax (8.25%) Description Qty Rate Total Byron Nelson HS - Ditch:0.00 0.00 October and November 2022 - Mow/Weedeat 1x Monthly 2 1,950.00 3,900.00 April and May 2023 - Mow/Weedeat 2x Monthly 4 1,950.00 7,800.00 June - September 2023 - Mow/Weedeat 1x Monthly 4 1,950.00 7,800.00 Lakeshore - Ditch:0.00 0.00 October and November 2022 - Mow/Weedeat 1x Monthly 2 1,350.00 2,700.00 April and May 2023 - Mow/Weedeat 2x Monthly 4 1,350.00 5,400.00 June - September 2023 - Mow/Weedeat 1x Monthly 4 1,350.00 5,400.00 $33,000.00 $33,000.00 $0.00 76 Agenda Item 9-6 Kanelee (TLC) Landscape 77Agenda Item 9-6 Kanelee (TLC) Landscape 78 Agenda Item 9-6 El Gato Estimate Honorific City Of Trophy Club Kevin O'Dell 100 Municipal Dr Trophy Club, Tx 76262 817-714-3306 Salesperson Jeff LaTour Work Site Jeff@latourtree.com 100 Municipal Dr Trophy Club, Tx 76262 P .O Box 14135, Arlington,TX 76094 817-228-1012 Proposal Friday, September 30, 2022 Billing Address: Proposed Scheduled Work Date: CostQtyDescriptionItem#Unit Cost 1 Service Creek Maintenance Plan $2,600.000 This proposal is for the Mowing/Weed Eating of the Bobcat Creek and Village Trail Creek, not to include the cat tails in the center of the creek bed. The proposal will be pricing for both creek areas at the same time and a "Not to Exceed" pricing structure This is a per visit pricing, so , the $2600 is for each time we will show up to do both creeks at one time. This Proposal is for the 2022-2023 Trophy Club fiscal year to include the following months- October 2022 November 2022 April 2023 May 2023 June 2023 July 2023 August 2023 September 2023 $2,600.00 Signature Date Total:$2,600.00 Subtotal:$2,600.00 Tax:$0.00 We are not responsible for damage to any underground installations such as pipes, cables, wires, and irrigation systems that are not clearly marked. (Additional fee will be applied if we have to make a repair.) Please allow up to 24 hours for brush pickup. Referrals are greatly appreciated! 79 Agenda Item 9-6 LaTour Estimate Page 1 of 2 To: Mayor and Town Council From: Wade L Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: Explanation of American Integration (VersaTrust) Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: American Integration (VersaTrust)– IT Services - $ 174,000.00 American Integration is the 3rd party provider for all IT services related to operations for the Town, this is part of a contract that was initiated 8/25/2020 and is a 36-month contract with annual auto-renewals after that period unless terminated. The scope of service provided by VersaTrust is the following: •Virtual CIO Business Technology and Cybersecurity Planning •Vendor Liaison •24x7 Proactive Maintenance, Monitoring and Remediation Tools •Full CJIS IT Compliance Representation •Asset and Inventory Management with System Documentation •Security Focused Configuration •Backup, Disaster Recovery and System Business Continuity Management via VersaSafe if applicable) •Security focused Managed IT - Risk and Threat Reduction o Firewall and gateway security management o VersaTrust management agent o Automatic Windows and third-party security patching o User and access management to ensure that users have appropriate permissions and data shares are only accessible on a need-to-know basis o Advanced Endpoint Protection with 24x7 Security Operations Center o Cloud- based DNS and content protection o Real-time Unified Threat Management (STEM, network and host intrusion detection) o Dark web identity theft detection o Advanced, cloud-based SPAM protection o Internal asset/ inventory •Issue Tracking and Escalation 80 Page 2 of 2 •Remote and Onsite Support PC installation, migration and projects billed hourly as approved. 81 82Agenda Item 9-7American Integration (VersaTrust) 83Agenda 9-7American Integration (VersaTrust) 84 85 86 87 88 89 90 91 92 93 Page 1 of 1 To: Mayor and Town Council From: April Duvall, Chief Financial Analyst CC: Wade L Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of Tyler Technologies Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: Tyler Technologies - Financial, Court and Permitting software - $51,790.00. Tyler Technologies is the Town’s primary ERP for Finance, Court and Permitting. Tyler Technologies functions under a few different names and are all billed under this PO request. This software is use for Accounts Payable, Accounts Receivable, Payroll, Time Keeping, Budgeting, Permitting, Municipal Court, Purchase Orders, Human Resources. Some of the names the Town utilizes under the Tyler Technologies umbrella are Incode VX, ESS (Employee Self Service) and MyGov (Permitting). There was a small increase of about $ 4,000 over last year due to the addition of the Brazos ticket writers for the Police Department and implementing that configuration with our Municipal Court software. This addition will be recurring every year. 94 Requisition NumberDate :10/1/2022DepartmentDelivery Address Project#1 Trophy Wood DriveTrophy Club, TX 76262Account NumberQuantity Unit Amount Total Amount01-640-6080051,790.00 51,790.00$ -$ -$ -$ -$ -$ -$ -$ -$ Co-op info:-$ Total 51,790.00$ Yes or NoDepartment Requestor:Department Approval:Finance:Town Manager:The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department.DescriptionAnnual Software License - Finance, Court, PermittingBudgeted? (Must Circle One) Explanation (if not budgeted:) _________________________________________________________________________________________________________PURCHASE REQUISITION FORMVendor (Name & Address)Tyler TechnologiesComments: _____________________________________________________________________________________________________________________________________________________________________10/5/2022Depapapapapapapapapaapapapapapapapapapapapaapapapappppppppprtment Requestor:Comments: ________________________Depaaaaaartrtrtrtrtrtrtrtrtrtrtrtrtrtrttrtrtrtrtrtrtrttrtrtrrrrrrrment Approval:______________________________________________________________________________________________________________________________95Agenda Item 9-8Tyler Technologies Page 1 of 1 To: Mayor and Town Council From: April Duvall, Chief Financial Analyst CC: Wade L. Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of BKD, LLC Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: BKD, LLP – Annual Auditing Services $ 50,000.00. BKD, LLP is the Town’s auditing firm. They are responsible for the annual audit of all aspects of the Town and our financial processes and procedures. This is the 2nd year of a 5-year contract with BKD, LLP. There is no increase in the request for this year’s annual audit, the amount is the same as FY21-22. The amount of $50,000 was approved in the FY23 budget. 96 97Agenda Item 9-9BKD (Forvis) August 1, 2022 Honorable Alicia Fleury, Mayor Members of Town Council Wade Carroll, Town Manager Town of Trophy Club, Texas 1 Trophy Wood Drive Trophy Club, Texas 76262 We appreciate your selection of FORVIS, LLP as your service provider and are pleased to confirm the arrangements of our engagement in this contract. Within the requirements of our professional standards and any duties owed to the public, regulatory, or other authorities, our goal is to provide you an Unmatched Client Experience. In addition to the terms set forth in this contract, including the detailed Scope of Services, our engagement is governed by the following, incorporated fully by this reference: x HIPAA Business Associate Agreement x Terms and Conditions Addendum Summary Scope of Services As described in the attached Scope of Services, our services will include the following: Town of Trophy Club, Texas x Audit Services for the year ended September 30, 2022 You agree to assume full responsibility for the substantive outcomes of the contracted services and for any other services we may provide, including any findings that may result. You also acknowledge these services are adequate for your purposes, and you will establish and monitor the performance of these services to ensure they meet management’s objectives. All decisions involving management responsibilities related to these services will be made by you, and you accept full responsibility for such decisions. We understand you have designated a management-level individual(s) to be responsible and accountable for overseeing the performance of nonattest services, and you have determined this individual is qualified to conduct such oversight. 98 Agenda Item 9-9 BKD (Forvis) Town of Trophy Club, Texas August 1, 2022 Page 2 As required by Chapter 2271, Texas Government Code, we represent that we do not boycott Israel and will not boycott Israel through the term of this engagement. For purposes of this representation, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Engagement Fees The fee for our services will be $47,200, which includes an administrative fee of five (5) percent to cover certain technology and administrative costs associated with our services. In addition, we have estimated the time, skill and resources required for assistance with the new standard discussed below to range between $6,000 and $12,000. Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will be paid promptly. Payment of our invoices is due upon receipt. Our timely completion of services and the fees thereon depends on the assistance you provide us in accumulating information and responding to our inquiries. Inaccuracies or delays in providing this information or the responses may result in additional billings, untimely filings or inability to meet other deadlines. Our fees do not contemplate the following transactions or activities during the period of this engagement: x Change in accounting principles other than GASB 87, Leases x Violation of covenants in debt arrangements x Indications of fraudulent financial reporting or misappropriation of assets x Quantitative impairment analysis of long-lived assets x More than 1 major federal awards programs If there are changes in circumstances where these or other conditions become known and significant additional time is necessary or additional services are requested, we reserve the right to revise our fees. Assistance with New Standards Assistance and additional time as a result of the adoption of the following new standards are not included within our standard engagement fees. These fees will be based on time expended and will vary based on the level of assistance and procedures required. Governmental Accounting Standards Board Statement No. 87, Leases, is effective for the Town’s fiscal year 2022. Statement No. 87 establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources. We can assist you with the adoption by providing services which may include, but are not limited to: x Assessing your readiness by assisting with the evaluation of your: o Current controls and policies o Current internal resources and system capabilities 99 Town of Trophy Club, Texas August 1, 2022 Page 3 x Assisting with changes required to adopt Statement No. 87, including: o Assisting with information gathering to develop an inventory of all lease agreements, service contracts, and other arrangements that may contain right-to-use lease assets o Recommending enhancements to existing controls and policies or suggesting new controls and policies to address Statement No. 87 o Documenting any changes from your previous lease recognition and reporting methods o Drafting the required disclosures The time it will take to perform the above assistance and our additional audit procedures relating to the adoption of the Statement, and any time to assist you with the adoption, may be minimized to the extent your personnel will be available to provide timely and accurate documentation and information as requested by us. Contract Agreement Please sign and return this contract to indicate your acknowledgment of, and agreement with, the arrangements for our services including our respective responsibilities. FORVIS, LLP Acknowledged and agreed to as it relates to the entire contract, including the Scope of Services, HIPAA Business Associate Agreement, and Terms and Conditions Addendum, on behalf of the Town of Trophy Club, Texas. BY Wade Carroll, Town Manager DATE 9/22/2022 100 Town of Trophy Club, Texas August 1, 2022 Page 4 Scope of Services – Audit Services We will audit the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information and related disclosures, which collectively comprise the basic financial statements for the following entity: Town of Trophy Club, Texas as of and for the year ended September 30, 2022 The audit has the following broad objectives: x Obtaining reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error x Expressing an opinion on the financial statements x Issuing a report on your internal control over financial reporting and compliance and other matters based on the audit of your financial statements in accordance with Government Auditing Standards x Expressing an opinion on your compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect to each of your major federal award programs in accordance with the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) x Issuing a report on your internal control over compliance in accordance with the Uniform Guidance x Issuing a report on your schedule of expenditures of federal awards You have informed us that the audited financial statements are expected to be presented along with management’s annual comprehensive financial report. Management is responsible for the other information included in the annual comprehensive financial report. The other information comprises the annual comprehensive financial report but does not include the financial statements and our auditor’s report thereon. Our opinion on the financial statements will not cover the other information, and we will not express an opinion or any form of assurance thereon. In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the financial statements, or whether the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. We will also express an opinion on whether the combining and individual fund financial statements, budget and actual schedules, financial statements of the discretely presented component units, and, if applicable, the schedule of expenditures of federal awards (“supplementary information”) is fairly stated, in all material respects, in relation to the financial statements as a whole. If necessary, we will complete the auditee portion of the Form SF-SAC (Data Collection Form) through the Federal Audit Clearinghouse. We will not make the submission on your behalf. You will review a draft(s) of the submission prior to transmission and agree that you are solely responsible for approving the final draft for transmission as well as for the auditee submission and certification. 101 Town of Trophy Club, Texas August 1, 2022 Page 5 We will also provide you with the following nonattest services: x Preparing a draft of the financial statements and related notes x Proposing for your review and approval the adjusting entries to convert your modified accrual statements to full accrual-basis statements. Management is responsible for the propriety of the accrual adjustments x Proposing for your review and approval the year-end entries related to Governmental Accounting Standards Board Statements 68, 75, and 87. Management is responsible for the propriety of the entries x Preparing a draft of the supplementary information, including the schedule of expenditures of federal awards You agree to assume all management responsibilities and to oversee the non-attest services we will provide by designating an individual possessing suitable skill, knowledge and/or experience. You acknowledge that non-attest services are not covered under Government Auditing Standards. You are responsible for: x Making all management decisions and performing all management functions; x Evaluating the adequacy and results of the services performed; x Accepting responsibility for the results of such services; and x Designing, implementing, and maintaining internal controls, including monitoring ongoing activities. Kevin Kemp, Partner, is responsible for supervising the engagement and authorizing the signing of the report or reports. We will issue written reports upon completion of our audits, addressed to the following parties: Entity Name Party Name Town of Trophy Club, Texas The Honorable Mayor and Members of the Town Council You are responsible to distribute our reports to other officials who have legal oversight authority or those responsible for acting on audit findings and recommendations, and to others authorized to receive such reports. The following apply for the audit services described above: Our Responsibilities We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS), the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States and the Uniform Guidance. Those standards require that we plan and perform: x The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by fraud or error x The audit of compliance to obtain reasonable rather than absolute assurance about whether the entity complied with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each major federal award program 102 Town of Trophy Club, Texas August 1, 2022 Page 6 We will exercise professional judgment and maintain professional skepticism throughout the audit. We will identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. We will obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will also conclude, based on audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the entity’s ability to continue as a going concern for a reasonable period of time. We will identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the entity's compliance with compliance requirements subject to audit and performing such other procedures as the auditor considers necessary in the circumstances. We will obtain an understanding of the entity's internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance, regarding, among other matters, the planed scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that the auditor identified during the audit. Limitations & Fraud Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit that is planned and conducted in accordance with GAAS will always detect a material misstatement or material noncompliance with federal award programs when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if, there is a substantial likelihood that, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users made on the basis of these financial statements. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. 103 Town of Trophy Club, Texas August 1, 2022 Page 7 The risk of not detecting a material misstatement or material noncompliance resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with compliance requirements is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the entity's compliance with the requirements of the federal programs as a whole. Our understanding of internal control is not for the purpose of expressing an opinion on the effectiveness of your internal control. However, we will communicate to you in writing any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we identify during the audit. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terms and fees of such an engagement would be documented in a separate contract to be signed by you and FORVIS, LLP. Opinion Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinion, add an emphasis-of-matter paragraph or other-matter paragraph(s) to our auditor’s report, or if necessary, decline to express an opinion or withdraw from the engagement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you. In such circumstances, further arrangements may be necessary to continue our engagement. Your Responsibilities Management and, if applicable, those charged with governance acknowledge and understand their responsibility for the accuracy and completeness of all information provided and for the following: x Audit Support - to provide us with: o Unrestricted access to persons within the entity or within components of the entity (including management, those charged with governance and component auditors) from whom we determine it necessary to obtain audit evidence o Information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including access to information relevant to disclosures o Information about events occurring or facts discovered subsequent to the date of the financial statements, of which management may become aware, that may affect the financial statements o Information about any known or suspected fraud affecting the entity involving management, employees with significant role in internal control and others where fraud could have a material effect on the financials o Identification and provision of report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the 104 Town of Trophy Club, Texas August 1, 2022 Page 8 audit, including whether related recommendations have been implemented o Additional information that we may request for the purpose of the audit x Internal Control and Compliance – for the: o Design, implementation, and maintenance of internal control relevant to compliance with laws and regulations and the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, o Alignment of internal control to ensure that appropriate goals and objectives are met, that management and financial information is reliable and properly reported and that compliance with and identification of the laws, regulations, contracts, grants or agreements (including any federal award programs) applicable to the entity’s activities is achieved o Remedy, through timely and appropriate steps, of fraud and noncompliance with provisions of laws, regulations, contracts or other agreements reported by the auditor o Establishment and maintenance of processes to track the status and address findings and recommendations of auditors x Accounting and Reporting – for the: o Maintenance of adequate records, selection and application of accounting principles, and the safeguard of assets o Adjustment of the financial statements to correct material misstatements and confirmation to us in the representation letter that the effects of any uncorrected misstatements aggregated by us are immaterial, both individually and in the aggregate, to the financial statements taken as a whole o Preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America o Inclusion of the auditors' report in any document containing financial statements that indicates that such financial statements have been audited by us o Distribution of audit reports to any necessary parties The results of our tests of compliance and internal control over financial reporting performed in connection with our audit of the financial statements may not fully meet the reasonable needs of report users. Management is responsible for obtaining audits, examinations, agreed-upon procedures, or other engagements that satisfy relevant legal, regulatory, or contractual requirements or fully meet other reasonable user needs. Required Supplementary Information Accounting principles generally accepted in the United States of America provide for certain required supplementary information ("RSI") to accompany the basic financial statements. We understand the following RSI will accompany the basic financial statements: 1.Management's Discussion and Analysis ("MD&A") 2.Budgetary comparison 3.Pension and Other Postemployment Benefit information Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting 105 Town of Trophy Club, Texas August 1, 2022 Page 9 Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Management is responsible for the fair presentation of the RSI. As part of our engagement, we will apply certain limited procedures to the RSI in GAAS. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information With regard to any supplementary information that we are engaged to report on: x Management is responsible for its preparation in accordance with applicable criteria x Management will provide certain written representations regarding the supplementary information at the conclusion of our engagement x Management will include our report on this supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information x Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements Such information is: x Presented for the purpose of additional analysis of the financial statements x Not a required part of the financial statements x The responsibility of management x Subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS Written Confirmations Required As part of our audit process, we will request from management and, if applicable, those charged with governance written confirmation acknowledging certain responsibilities outlined in this contract and confirming: x The availability of this information x Certain representations made during the audit for all periods presented x The effects of any uncorrected misstatements, if any, resulting from errors or fraud aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole 106 Town of Trophy Club, Texas August 1, 2022 Page 10 Peer Review Report Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract, upon request. If you would like a copy, please request from your engagement executive. 107 Town of Trophy Club, Texas August 1, 2022 Page 11 HIPAA Business Associate Agreement This Business Associate Agreement (“BAA”) is entered into by and between FORVIS, LLP (hereinafter referred to as “Business Associate”) and the Town of Trophy Club, Texas (hereinafter referred to as “Covered Entity”). RECITALS Business Associate provides services to Covered Entity under this contract (the “Contract”), and Covered Entity wishes to disclose certain information to Business Associate pursuant to the terms of such Contract, some of which may constitute Protected Health Information (“PHI”). The purpose of this BAA is to comply with all applicable federal and state laws governing the privacy of PHI. As used herein, the Privacy Rule and the Security Rule are each deemed to include the amendments thereto, collectively referred to as “HIPAA/HITECH Final Omnibus Rule,” that are included in the: x Modifications to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) and the Genetic Information Nondiscrimination Act x Other Modifications to the HIPAA Rules x Final Rule (the “Omnibus Rule”), 78 Fed. Reg. 5565 Notwithstanding the terms of this or any other agreement between Covered Entity and Business Associate, Business Associate shall comply with all of its statutory and regulatory obligations stated under the HIPAA/HITECH Final Omnibus Rule. The terms stated herein shall have the same definitions as provided in HIPAA. In consideration of the mutual promises below and the exchange of information pursuant to this BAA, the parties agree as follows: 1.Permitted Uses and Disclosures. Except as described in the enumerated subparagraphs below, Business Associate shall not use or disclose PHI received from Covered Entity or created on behalf of Covered Entity. Exceptions: 1.1. As reasonably necessary to provide the services in the Contract; 1.2. As otherwise permitted or required by this BAA; 1.3. As required by law; and 1.4. For the proper management and administration of Business Associate’s business and to disclose PHI in connection with such management and administration, and to carry out the legal responsibilities of the Business Associate, provided Business Associate obtains reasonable assurances from the recipient that the PHI shall be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and Business Associate requires the recipient to notify it of any instances of which it is aware in which the confidentiality of the PHI has been breached. 2.Safeguards. Business Associate shall not use or disclose PHI other than as permitted or required by the BAA or as required by law. 2.1. Business Associate shall establish and maintain appropriate safeguards and shall comply with the Security Rule with respect to electronic PHI (“ePHI”) to prevent the use or disclosure of such ePHI other than as provided for by the Contract including this BAA. 2.2. To the extent the Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s). 3.Subcontracts. In accordance with the requirements of the Privacy Rule and the Security Rule, Business Associate shall ensure any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information. 4.Obligations of Covered Entity. Covered Entity shall obtain any consent or authorization that may be required by HIPAA, or applicable state law, prior to furnishing Business Associate with PHI, including ePHI. Covered Entity shall notify Business Associate of: 4.1. Any limitation(s) in the Covered Entity’s notice of privacy practices under 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI; 4.2. Any changes in, or revocation of, the permission by an individual to use or disclose his or her PHI, to the extent that such changes may affect Business Associate’s use or disclosure of PHI; and 4.3. Any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity. Covered Entity shall provide to Business Associate only the minimum PHI necessary to perform the services set forth in a Contract. 5. Reporting, Notification, and Mitigation. 5.1. Reporting. Business Associate shall notify Covered Entity of any use or disclosure of PHI not provided for by the BAA of which it becomes aware, including breaches of unsecured PHI as required at 45 CFR 164.410, and any security incident of which it becomes aware, provided that with respect to Unsuccessful Security Incidents (as defined below), Business Associate shall report to Covered Entity any such Unsuccessful Security Incidents that are material to the protection of Covered Entity’s PHI. For purposes of this Business Associate Agreement, the term “Unsuccessful Security Incident” shall mean any 108 Town of Trophy Club, Texas August 1, 2022 Page 12 security incident that does not result in any unauthorized access, use, disclosure, modification, or destruction of ePHI or any interference with system operations in Business Associate’s information system. 5.2. Notification. To assist Covered Entity in fulfilling its responsibility to notify individuals and others of a breach involving Unsecured PHI as required by HIPAA and applicable state law, the notification shall include, to the greatest extent reasonably possible: i. Each individual whose unsecured PHI was subject to the breach; and ii. Any other available information Covered Entity is required to include in its legally required notification to individual(s) or others. 5.3. Mitigation. Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this BAA. 6. Term and Termination. 6.1. Term. The Term of this BAA shall be effective as of the last date signed and shall terminate without any further action of the parties upon the expiration or termination of the Contract or on the date Covered Entity terminates for cause as authorized in paragraph 6.2 of this section, whichever is sooner. 6.2. Termination for Cause. Covered Entity may terminate this BAA if Business Associate has violated a material term of the BAA and Business Associate has not cured the breach or ended the violation within the time specified by Covered Entity. 6.3. Obligations of Business Associate Upon Termination. Upon termination of this BAA for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: i. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; ii. Return to Covered Entity or destroy the remaining PHI that the Business Associate still maintains in any form; iii.Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to ePHI to prevent use or disclosure of the PHI, other than as provided for in this section, for as long as Business Associate retains the PHI; iv. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set forth in this BAA which applied prior to termination; and v. Return to Covered Entity or destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. 6.4. Survival. The obligations of Business Associate under this section shall survive the termination of this BAA. 7.Designated Record Set. To the extent Business Associate maintains PHI in a Designated Record Set, Business Associate shall: 7.1. Make available PHI in a Designated Record Set to the Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.524; and 7.2. Incorporate any amendments or corrections to PHI at the request of Covered Entity in accordance with 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526. 8.Accounting of Disclosures. Business Associate shall maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528. 9.Access to Records. Business Associate shall make its internal practices, books, and records available to the Secretary of Health and Human Services for purposes of determining compliance with the HIPAA Rules. 10.Insurance. Business Associate shall maintain insurance coverage in form and amount necessary to cover data loss and/or damage or the unauthorized disclosure and/or fraudulent use of data. Upon request, Business Associate shall provide Covered Entity with a certificate of insurance evidencing the coverage. 11.Privilege. No statutory or common law privilege, including privileges established or recognized by the attorney-client, accountant-client, or other legal privilege, shall be deemed to have been waived by virtue of this BAA. 12.No Third-Party Beneficiaries. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this BAA. 13.Integration. Any reference in this Agreement to a section of the HIPAA/HITECH Final Omnibus Rule, and applicable regulations, means the section as in effect as amended and for which compliance is required. 14.General. This BAA is governed by, and shall be construed in accordance with, the laws of the State of Texas. If any part of a provision of this BAA is found illegal or unenforceable, it shall be enforced to the maximum extent permissible, and the legality and enforceability of the remainder of that provision and all other provisions of this BAA shall not be affected. This BAA may be modified, or any rights under it waived, only by a written document executed by the authorized representatives of both parties. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 109 Town of Trophy Club, Texas August 1, 2022 Page 13 GENERAL FORVIS, LLP Terms and Conditions Addendum 4. Termination. Either party may terminate these services in good faith at any time for any reason, including Your failure to 1.Overview. This addendum describes FORVIS LLP’s standard terms and conditions (“Terms and Conditions”) applicable to Our provision of services to the Client (“You”). The Terms and Conditions are a part of the contract between You and FORVIS, LLP. For the purposes of the Terms and Conditions, any reference to “Firm,” “We,” “Us,” or “Our” is a reference to FORVIS, LLP (“FORVIS”), and any reference to “You” or “Your” is a reference to the party or parties that have engaged Us to provide services and the party or parties ultimately responsible for payment of Our fees and costs. BILLING, PAYMENT, & TERMINATION 2.Billing and Payment Terms. We will bill You for Our professional fees and costs as outlined in Our contract. Unless otherwise provided in Our contract, payment is due upon receipt of Our billing statement. Interest will be charged on any unpaid balance after 30 days at the rate of 10 percent per annum, or as allowed by law at the earliest date thereafter, and highest applicable rate if less than 10 percent. All fees, charges, and other amounts payable to FORVIS hereunder do not include any sales, use, excise, value-added, or other applicable taxes, tariffs, or duties, payment of which shall be Your sole responsibility, and do not include any applicable taxes based on FORVIS’ net income or taxes arising from the employment or independent contractor relationship between FORVIS and FORVIS’ personnel. We reserve the right to suspend or terminate Our work for this engagement or any other engagement for nonpayment of fees. If Our work is suspended or terminated, You agree that We will not be responsible for Your failure to meet governmental and other deadlines, for any penalties or interest that may be assessed against You resulting from Your failure to meet such deadlines, and for any other damages (including but not limited to consequential, indirect, lost profits, or punitive damages) incurred as a result of the suspension or termination of Our services. Our fees may increase if Our duties or responsibilities are increased by rulemaking of any regulatory body or any additional new accounting or auditing standards. Our engagement fees do not include any time for post-engagement consultation with Your personnel or third parties, consent letters and related procedures for the use of Our reports in offering documents, inquiries from regulators, or testimony or deposition regarding any subpoena. Charges for such services will be billed separately. 3.Billing Records. If these services are determined to be within the scope and authority of Section 1861(v)(1)(I) of the Social Security Act, We agree to make available to the Secretary of Health and Human Services, or to the U.S. Comptroller General, or any of their duly authorized representatives, such of Our books, documents, and records that are necessary to certify the nature and extent of Our services, until the expiration of four (4) years after the furnishing of these services. This contract allows access to contracts of a similar nature between subcontractors and related organizations of the subcontractor, and to their books, documents, and records. comply with the terms of Our contract or as We determine professional standards require. Both parties must agree, in writing, to any future modifications or extensions. If services are terminated, You agree to pay FORVIS for time expended to date. In addition, You will be billed costs and fees for services from other professionals, if any, as well as an administrative fee of five (5) percent to cover certain technology and administrative costs associated with Our services. Unless terminated sooner in accordance with its terms, this engagement shall terminate upon the completion of FORVIS’ services hereunder. DISPUTES & DISCLAIMERS 5.Mediation. Any dispute arising out of or related to this engagement will, prior to resorting to litigation, be submitted for nonbinding mediation upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The mediator will be selected by agreement of the parties. The mediation proceeding shall be confidential. Each party will bear its own costs in the mediation, but the fees and expenses of the mediator will be shared equally. 6.Indemnification. Unless disallowed by law or applicable professional standards, You agree to hold FORVIS harmless from any and all claims which arise from knowing misrepresentations to FORVIS, or the intentional withholding or concealment of information from FORVIS by Your management or any partner, principal, shareholder, officer, director, member, employee, agent, or assign of Yours. You also agree to indemnify FORVIS for any claims made against FORVIS by third parties, which arise from any wrongful actions of Your management or any partner, principal, shareholder, officer, director, member, employee, agent, or assign of Yours. The provisions of this paragraph shall apply regardless of the nature of the claim. 7.Statute of Limitations. You agree that any claim or legal action arising out of or related to this contract and the services provided hereunder shall be commenced no more than one (1) year from the date of delivery of the work product to You or the termination of the services described herein (whichever is earlier), regardless of any statute of limitations prescribing a longer period of time for commencing such a claim under law. This time limitation shall apply regardless of whether FORVIS performs other or subsequent services for You. A claim is understood to be a demand for money or services, demand for mediation, or the service of suit based on a breach of this contract or the acts or omissions of FORVIS in performing the services provided herein. This provision shall not apply if enforcement is disallowed by applicable law or professional standards. 8.Limitation of Liability. You agree that FORVIS’ liability, if any, arising out of or related to this contract and the services provided hereunder, shall be limited to the amount of the fees paid by You for services rendered under this contract. This limitation shall not apply to the extent it is finally, judicially determined that the liability resulted from the intentional or110 Town of Trophy Club, Texas August 1, 2022 Page 14 willful misconduct of FORVIS or if enforcement of this provision is disallowed by applicable law or professional standards. 9.Waiver of Certain Damages. In no event shall FORVIS be liable to You or a third party for any indirect, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of revenue, interruption, loss of use, damage to goodwill or reputation, regardless of whether You were advised of the possibility of such damages, regardless of whether such damages were reasonably foreseeable, and regardless of whether such damages arise under a theory of contract, tort, strict liability, or otherwise. 10.Choice of Law. You acknowledge and agree that any dispute arising out of or related to this contract shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles. 11.WAIVER OF JURY TRIAL. THE PARTIES HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS AGREEMENT, OR ANY CLAIM, COUNTERCLAIM, OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY THE PARTIES, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. 12.Severability. In the event that any term or provision of this agreement shall be held to be invalid, void, or unenforceable, then the remainder of this agreement shall not be affected, and each such term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. 13.Assignment. You acknowledge and agree that the terms and conditions of this contract shall be binding upon and inure to the parties’ successors and assigns, subject to applicable laws and regulations. 14.Disclaimer of Legal or Investment Advice. Our services do not constitute legal or investment advice. RECORDS, WORKPAPERS, DELIVERABLES, & PROPRIETARY INFORMATION 15.Maintenance of Records. You agree to assume full responsibility for maintaining Your original data and records and that FORVIS has no responsibility to maintain this information. You agree You will not rely on FORVIS to provide hosting, electronic security, or backup services, e.g., business continuity or disaster recovery services, to You unless separately engaged to do so. You understand that Your access to data, records, and information from FORVIS’ servers, i.e., FORVIS portals used to exchange information, can be terminated at any time and You will not rely on using this to host Your data and records. 16.FORVIS Workpapers. Our workpapers and documentation retained in any form of media for this engagement are the property of FORVIS. We can be compelled to provide information under legal process. In addition, We may be requested by regulatory or enforcement bodies (including any State Board) to make certain workpapers available to them pursuant to authority granted by law or regulation. Unless We are prohibited from doing so by law or regulation, FORVIS will inform You of any such legal process or request. You agree We have no legal responsibility to You in the event We determine We are obligated to provide such documents or information. 17.Subpoenas or Other Legal Process. In the event FORVIS is required to respond to any such subpoena, court order, or any government regulatory inquiry or other legal process relating to You or Your management for the production of documents and/or testimony relative to information We obtained or prepared incident to this or any other engagement in a matter in which FORVIS is not a party, You shall compensate FORVIS for all time We expend in connection with such response at normal and customary hourly rates and to reimburse Us for all out-of-pocket expenses incurred in regard to such response. 18.Use of Deliverables and Drafts. You agree You will not modify any deliverables or drafts prepared by Us for internal use or for distribution to third parties. You also understand that We may on occasion send You documents marked as draft and understand that those are for Your review purpose only, should not be distributed in any way, and should be destroyed as soon as possible. Our report on any financial statements must be associated only with the financial statements that were the subject of Our engagement. You may make copies of Our report, but only if the entire financial statements (exactly as attached to Our report, including related footnotes) and any supplementary information, as appropriate, are reproduced and distributed with Our report. You agree not to reproduce or associate Our report with any other financial statements, or portions thereof, that are not the subject of Our engagement. 19.Proprietary Information. You acknowledge that proprietary information, documents, materials, management techniques, and other intellectual property are a material source of the services We perform and were developed prior to Our association with You. Any new forms, software, documents, or intellectual property We develop during this engagement for Your use shall belong to Us, and You shall have the limited right to use them solely within Your business. All reports, templates, manuals, forms, checklists, questionnaires, letters, agreements, and other documents which We make available to You are confidential and proprietary to Us. Neither You, nor any of Your agents, will copy, electronically store, reproduce, or make any such documents available to anyone other than Your personnel. This provision will apply to all materials whether in digital, “hard copy” format, or other medium. REGULATORY 20.U.S. Securities and Exchange Commission (“SEC”) and other Regulatory Bodies. Where We are providing services either for (a) an entity that is registered with the SEC, (b) an affiliate of such registrant, or (c) an entity or affiliate that is subject to rules, regulations, or standards beyond those of the American Institute of Certified Public Accountants (“AICPA”), any term of this contract that would be prohibited by or impair Our independence under applicable law or regulation shall not apply to the extent necessary only to avoid such prohibition or impairment.111 Town of Trophy Club, Texas August 1, 2022 Page 15 21.Offering Document. You may wish to include Our report(s) on financial statements in an exempt offering document. You agree that any report, including any auditor’s report, or reference to Our firm, will not be included in any such offering document without notifying Us. Any agreement to perform work in connection with an exempt offering document, including providing agreement for the use of the auditor’s report in the exempt offering document, will be a separate engagement. Any exempt offering document issued by You with which We are not involved will clearly indicate that We are not involved by including a disclosure such as, “FORVIS, LLP, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. FORVIS, LLP also has not performed any procedures relating to this offering document.” 22.FORVIS Not a Municipal Advisor. FORVIS is not acting as Your municipal advisor under Section 15B of the Securities Exchange Act of 1934, as amended. As such, FORVIS is not recommending any action to You and does not owe You a fiduciary duty with respect to any information or communications regarding municipal financial products or the issuance of municipal securities. You should discuss such matters with internal or external advisors and experts You deem appropriate before acting on any such information or material provided by FORVIS. 23.FORVIS Not a Fiduciary. In providing Our attest services, We are required by law and our professional standards to maintain our independence from You. We take this mandate very seriously and thus guard against impermissible relationships which may impair the very independence which You and the users of Our report require. As such, You should not place upon Us special confidence that in the performance of Our attest services We will act solely in Your interest. Therefore, You acknowledge and agree We are not in a fiduciary relationship with You and We have no fiduciary responsibilities to You in the performance of Our services described herein. TECHNOLOGY 24.Electronic Sites. You agree to notify Us if You desire to place Our report(s), including any reports on Your financial statements, along with other information, such as a report by management or those charged with governance on operations, financial summaries or highlights, financial ratios, etc., on an electronic site. You recognize that We have no responsibility to review information contained in electronic sites. 25.Electronic Signatures and Counterparts. This contract and other documents to be delivered pursuant to this contract may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this contract are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this contract or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the internet), by electronic mail in “portable document format” (“.pdf”) or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software, will have the same effect as physical delivery of the paper document bearing an original signature. 26.Electronic Data Communication and Storage. In the interest of facilitating Our services to You, We may send data over the internet, temporarily store electronic data via computer software applications hosted remotely on the internet, or utilize cloud-based storage. Your confidential electronic data may be transmitted or stored using these methods. In using these data communication and storage methods, We employ measures designed to maintain data security. We use reasonable efforts to keep such communications and electronic data secure in accordance with Our obligations under applicable laws, regulations, and professional standards. You recognize and accept that We have no control over the unauthorized interception or breach of any communications or electronic data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by Us. You consent to Our use of these electronic devices and applications during this engagement. OTHER MATTERS 27.Cooperation. You agree to cooperate with FORVIS in the performance of FORVIS’ services to You, including the provision to FORVIS of reasonable facilities and timely access to Your data, information, and personnel. You shall be responsible for the performance of Your employees and agents. 28.Third-Party Service Providers. FORVIS may from time to time utilize third-party service providers, including but not limited to domestic software processors or legal counsel, or disclose confidential information about You to third-party service providers in serving Your account. FORVIS maintains, however, internal policies, procedures, and safeguards to protect the confidentiality and security of Your information. In addition, FORVIS will secure confidentiality agreements with all service providers to maintain the confidentiality of Your information. If We are unable to secure an appropriate confidentiality agreement, You will be asked to consent prior to FORVIS sharing Your confidential information with the third- party service provider. 29.Independent Contractor. When providing services to You, We will be functioning as an independent contractor; and in no event will We or any of Our employees be an officer of You, nor will Our relationship be that of joint venturers, partners, employer and employee, principal and agent, or any similar relationship giving rise to a fiduciary duty to You. Decisions regarding management of Your business remain the responsibility of Your personnel at all times. Neither You nor FORVIS shall act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other. 112 Town of Trophy Club, Texas August 1, 2022 Page 16 30.Use of FORVIS Name. Any time You intend to reference FORVIS’ firm name in any manner in any published materials, including on an electronic site, You agree to provide Us with draft materials for review and approval before publishing or posting such information. 31.Praxity. FORVIS is an independent accounting firm allowed to use the name “Praxity” in relation to its practice. FORVIS is not connected, however, by ownership with any other firm using the name “Praxity.” FORVIS will be solely responsible for all work carried out on Your behalf. In deciding to engage FORVIS, You acknowledge that We have not represented to You that any other firm using the name “Praxity” will in any way be responsible for Our work. 32.Entire Agreement. The contract, including this Terms and Conditions Addendum and any other attachments or addenda, encompasses the entire agreement between You and FORVIS and supersedes all previous understandings and agreements between the parties, whether oral or written. Any modification to the terms of this contract must be made in writing and signed by both You and FORVIS. 33.Force Majeure. We shall not be held responsible for any failure to fulfill Our obligations if such failure was caused by circumstances beyond Our control, including, without limitation, fire or other casualty, act of God, act of terrorism, strike or labor dispute, war or other violence, explosion, flood or other natural catastrophe, epidemic or pandemic, or any law, order, or requirement of any governmental agency or authority affecting either party, including without limitation orders incident to any such epidemic or pandemic, lockdown orders, stay-at-home orders, and curfews. 113 8550 United Plaza Blvd., Ste. 1001 – Baton Rouge, LA 70809 225-922-4600 Phone – 225-922-4611 Fax – pncpa.com Postlethwaite & Netterville and Associates, L.L.C. Report on the Firm’s System of Quality Control To the Partners of BKD, LLP and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of BKD, LLP (the firm) applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2020. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm’s Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer’s Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm’s compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act; audits of employee benefit plans, audits performed under FDICIA, an audit of a broker-dealer, and examinations of service organizations [SOC 1 and SOC 2 engagements]. As part of our peer review, we considered reviews by regulatory entities as communicated to the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of BKD, LLP applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2020, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. BKD, LLP has received a peer review rating of pass. Baton Rouge, Louisiana November 2, 2020 114 Page 1 of 1 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Procurement of three utility trailers and one enclosed trailer Town Council Meeting, October 25, 2022 Background and Explanation: Staff is requesting the authorization for the purchase of one enclosed trailer and replacements of three utility trailers. The enclosed trailer will be utilized as storage for our community events supplies and transporting supplies to each event, this productive method will reduce our Parks Team labor and time before and after each event. The three utility trailers are utilized to transport landscape materials and equipment and debris haul off. They are in need of replacement as they are approximately 18 years old and also in need of repair as the axles are worn and the floorboards need to be replaced; all three trailers will be scheduled for auction once the new trailers are purchased. The total cost for the trailers is $30,352 and budgeted within the FY2022 – 2023 Parks Capital Replacement line item 07-400-83700. North Texas Trailers is part of the Buyboard purchasing cooperative program and meets all bidding requirements. 115 PO Number Date :9/27/2022 Department Parks and Rec. Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 1 5,863.75 5,863.75$ 1 5,688.00 5,688.00$ 1 5,868.50 5,868.50$ 1 12,931.75 12,931.75$ -$ -$ -$ -$ -$ Co-op info: Total 30,352.00$ Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. Description 2022 MAXXD 83"x18' Tandem 10k Utility Trailer - solid side walls 2022 MAXXD 7'x18' 10k Utility Trailer 2022 MAXXD 83"x20' 10k Dovetail Trailer Vendor Packet Active? - Yes Attachments - North Texas Trailers Estimate Ref#23604, #23605, #23606 and #23607 Budget Information - Budgeted for FY 22 - 23 Buy Board #599-19 PURCHASE REQUISITION FORM Vendor (Name & Address) North Texas Trailers LLC 3901 E. Loop 820 South Fort Worth, TX 76119 2023 Pace 8.5"x20' - Enclosed Trailer 07-400-83700 07-400-83700 07-400-83700 07-400-83700 116 Agenda Item 9-10North TX Trailers 3901 E. Loop 820 South North Texas Trailers LLC Quote Only Sales Person Email: ftwsales3@ntxtrailers.com(817) 496-3800 Ft. Worth, TX 76119 Ref # 23604 Date: 09/27/2022 Sales Person: James M Gorrell (817) 496-3814Fax: Town Of Trophy Club County: DENTON 100 Municipal Drive Customer: Address: Email: tjaramillo@trophyclub.orgTrophy Club, TX 76262 (817) 538-1489Home: Balance or Amount Financed Total Amount Due Net Selling Price Sales Price Selling Price Summary Odometer: $0.00 Date Monthly Payment $0.00Trade Allowance(s) $0.00 0.00% New 2023 PACE PSABC8.5X20TE3FF 8.5X20 7' INT SPARE TIRE Discount Rebate Prep Fee Road & Bridge Fee $15,495.00 $2,736.50 $0.00 $12,758.50 $100.00 $0.00 Optional Equipment & Accessories Buyer Signature Manager Signature Buyer Signature Motor Vehicle Tax e-Tag Fee Trade Payoff(s) $0.00 $5.00 $0.00 Term: APR: 0 months VIN Mileage Weight 5JWPC2022PX013007 4000 Program Fee $0.00 Less Down Payment $12,931.75 Trade 1 Vin: Trade: $0.00 $0.00 $12,931.75 *** BuyBoard Contract# 599-19 *** *** NET 30 *** PSABC8.5X20TE3FF - In-Stock MSRP -- 15495.00 In-stock Dealer Discount -- (-2065.00) Prep/TempTag/Insp -- 173.25 Additional BuyBoard Discount -- (-671.50) **Currently In-Stock with Limited Availability Title Certificate $0.00 License Fee $0.00 **Requires Signed Invoice and PO to Secure Unit Document Fee $50.00 Dealer Inventory Tax $0.00 Inspection Fee $18.25 Finance Company: Address: Less Deposit $0.00 Date Date Ext Color #Int Color. White Optional Equipment & Accessories $0.00 Loan Information N/A N/A Description of Purchase GVW 10000 Length 20 Width 8.5 Allowance:Payoff: Stock Number:PA13007 Quote OnlyPrinted: Sep 27, 2022 Page 1 of 2 Init. ______EL-BO-ACC 117 Agenda Item 9-10 North TX Trailers POTENTIAL PRICE INCREASE(S) POLICY I acknowledge that I am custom ordering a trailer from North Texas Trailers and the price reflected in this quote is an ESTIMATE only. Final price could be effected by future price increase(s) imposed by our manufacture which are out of North Texas Trailers control. IN THE EVENT THAT THE MANUFACTURES IMPOSES PRICE INCREASE(S) YOU WILL BE PROVIDED WITH A COPY OF THE PRICE INCREASE(S) AT TIME OF FINAL PAYMENT AND YOUR FINAL PRICE WILL INCREASE BY AN AMOUNT EQUAL TO THE MANUFACTURE PRICE INCREASE(S) PLUS ADDITIONAL TAXES. I FURTHER ACKNOWLEDGE THAT I AM PLACING A 25% Non-refund able PARTIAL PAYMENT ON THIS ORDER. THIS PARTIAL PAYMENT HAS BEEN APPLIED TO MY TOTAL BALANCE DUE. IF I CHOOSE TO NOT TAKE POSSESSION OF THE UNIT I AGREE TO FORFEIT THE PARTIAL PAYMENT. MY INITIALS HERE INDICATE MY UNDERSTANDING AND APPROVAL OF THE POLICY DETAILED ABOVE: CUSTOMER INITIALS: _______________________________ Terms & Conditions Quote OnlyPrinted: Sep 27, 2022 Page 2 of 2 Init. ______EL-BO-ACC 118 3901 E. Loop 820 South North Texas Trailers LLC Quote Only Sales Person Email: ftwsales3@ntxtrailers.com(817) 496-3800 Ft. Worth, TX 76119 Ref # 23605 Date: 09/27/2022 Sales Person: James M Gorrell (817) 496-3814Fax: Town Of Trophy Club County: DENTON 100 Municipal Drive Customer: Address: Email: tjaramillo@trophyclub.orgTrophy Club, TX 76262 (817) 538-1489Home: Balance or Amount Financed Total Amount Due Net Selling Price Sales Price Selling Price Summary Odometer: $0.00 Date Monthly Payment $0.00Trade Allowance(s) $0.00 0.00% New 2022 MAXXD U4X8318 7X18 TANDEM 10K UTILITY Discount Rebate Prep Fee Road & Bridge Fee $6,355.00 $664.50 $0.00 $5,690.50 $100.00 $0.00 Optional Equipment & Accessories Buyer Signature Manager Signature Buyer Signature Motor Vehicle Tax e-Tag Fee Trade Payoff(s) $0.00 $5.00 $0.00 Term: APR: 0 months VIN Mileage Weight 5R8BU182XNM092770 2400 Program Fee $0.00 Less Down Payment $5,863.75 Trade 1 Vin: Trade: $0.00 $0.00 $5,863.75 *** BuyBoard Contract# 599-19 *** *** NET 30 *** U4X8318 - In-Stock MSRP -- 6355.00 7x18 with 2" Toprail, Flat Floor and 2' Solid Sides In-stock Dealer Discount -- (-365.00) Prep/TempTag/Insp -- 173.25 Additional BuyBoard Discount -- (-299.50) Title Certificate $0.00 License Fee $0.00 **Currently In-Stock with Limited Availability Document Fee $50.00 Dealer Inventory Tax $0.00 Inspection Fee $18.25 **Requires Signed Invoice and PO to Secure Unit Finance Company: Address: Less Deposit $0.00 Date Date Ext Color #Int Color. Gray Optional Equipment & Accessories $0.00 Loan Information N/A N/A Description of Purchase GVW 10000 Length 18 Width 83 Allowance:Payoff: Stock Number:MX92770 Quote OnlyPrinted: Sep 27, 2022 Page 1 of 2 Init. ______EL-BO-ACC 119 Agenda Item 9-10 North TX Trailers POTENTIAL PRICE INCREASE(S) POLICY I acknowledge that I am custom ordering a trailer from North Texas Trailers and the price reflected in this quote is an ESTIMATE only. Final price could be effected by future price increase(s) imposed by our manufacture which are out of North Texas Trailers control. IN THE EVENT THAT THE MANUFACTURES IMPOSES PRICE INCREASE(S) YOU WILL BE PROVIDED WITH A COPY OF THE PRICE INCREASE(S) AT TIME OF FINAL PAYMENT AND YOUR FINAL PRICE WILL INCREASE BY AN AMOUNT EQUAL TO THE MANUFACTURE PRICE INCREASE(S) PLUS ADDITIONAL TAXES. I FURTHER ACKNOWLEDGE THAT I AM PLACING A 25% Non-refund able PARTIAL PAYMENT ON THIS ORDER. THIS PARTIAL PAYMENT HAS BEEN APPLIED TO MY TOTAL BALANCE DUE. IF I CHOOSE TO NOT TAKE POSSESSION OF THE UNIT I AGREE TO FORFEIT THE PARTIAL PAYMENT. MY INITIALS HERE INDICATE MY UNDERSTANDING AND APPROVAL OF THE POLICY DETAILED ABOVE: CUSTOMER INITIALS: _______________________________ Terms & Conditions Quote OnlyPrinted: Sep 27, 2022 Page 2 of 2 Init. ______EL-BO-ACC 120 3901 E. Loop 820 South North Texas Trailers LLC Quote Only Sales Person Email: ftwsales3@ntxtrailers.com(817) 496-3800 Ft. Worth, TX 76119 Ref # 23606 Date: 09/27/2022 Sales Person: James M Gorrell (817) 496-3814Fax: Town Of Trophy Club County: DENTON 100 Municipal Drive Customer: Address: Email: tjaramillo@trophyclub.orgTrophy Club, TX 76262 (817) 538-1489Home: Balance or Amount Financed Total Amount Due Net Selling Price Sales Price Selling Price Summary Odometer: $0.00 Date Monthly Payment $0.00Trade Allowance(s) $0.00 0.00% New 2022 MAXXD U4X8320 83X20 10K DOVETAIL Discount Rebate Prep Fee Road & Bridge Fee $6,990.00 $1,294.75 $0.00 $5,695.25 $100.00 $0.00 Optional Equipment & Accessories Buyer Signature Manager Signature Buyer Signature Motor Vehicle Tax e-Tag Fee Trade Payoff(s) $0.00 $5.00 $0.00 Term: APR: 0 months VIN Mileage Weight 5R8BU202XNM094763 2500 Program Fee $0.00 Less Down Payment $5,868.50 Trade 1 Vin: Trade: $0.00 $0.00 $5,868.50 *** BuyBoard Contract# 599-19 *** *** NET 30 *** U4X8320 - In-Stock MSRP -- 6990.00 7x20 with 2" Toprail and 2' Dovetail In-stock Dealer Discount -- (-995.00) Prep/TempTag/Insp -- 173.25 Additional BuyBoard Discount -- (-299.75) Title Certificate $0.00 License Fee $0.00 **Currently In-Stock with Limited Availability Document Fee $50.00 Dealer Inventory Tax $0.00 Inspection Fee $18.25 **Requires Signed Invoice and PO to Secure Unit Finance Company: Address: Less Deposit $0.00 Date Date Ext Color #Int Color. Gray Optional Equipment & Accessories $0.00 Loan Information N/A N/A Description of Purchase GVW 9990 Length 20 Width 83 Allowance:Payoff: Stock Number:MX94763 Quote OnlyPrinted: Sep 27, 2022 Page 1 of 2 Init. ______EL-BO-ACC 121 Agenda Item 9-10 North TX Trailers POTENTIAL PRICE INCREASE(S) POLICY I acknowledge that I am custom ordering a trailer from North Texas Trailers and the price reflected in this quote is an ESTIMATE only. Final price could be effected by future price increase(s) imposed by our manufacture which are out of North Texas Trailers control. IN THE EVENT THAT THE MANUFACTURES IMPOSES PRICE INCREASE(S) YOU WILL BE PROVIDED WITH A COPY OF THE PRICE INCREASE(S) AT TIME OF FINAL PAYMENT AND YOUR FINAL PRICE WILL INCREASE BY AN AMOUNT EQUAL TO THE MANUFACTURE PRICE INCREASE(S) PLUS ADDITIONAL TAXES. I FURTHER ACKNOWLEDGE THAT I AM PLACING A 25% Non-refund able PARTIAL PAYMENT ON THIS ORDER. THIS PARTIAL PAYMENT HAS BEEN APPLIED TO MY TOTAL BALANCE DUE. IF I CHOOSE TO NOT TAKE POSSESSION OF THE UNIT I AGREE TO FORFEIT THE PARTIAL PAYMENT. MY INITIALS HERE INDICATE MY UNDERSTANDING AND APPROVAL OF THE POLICY DETAILED ABOVE: CUSTOMER INITIALS: _______________________________ Terms & Conditions Quote OnlyPrinted: Sep 27, 2022 Page 2 of 2 Init. ______EL-BO-ACC 122 3901 E. Loop 820 South North Texas Trailers LLC Quote Only Sales Person Email: ftwsales3@ntxtrailers.com(817) 496-3800 Ft. Worth, TX 76119 Ref # 23607 Date: 09/27/2022 Sales Person: James M Gorrell (817) 496-3814Fax: Town Of Trophy Club County: DENTON 100 Municipal Drive Customer: Address: Email: tjaramillo@trophyclub.orgTrophy Club, TX 76262 (817) 538-1489Home: Balance or Amount Financed Total Amount Due Net Selling Price Sales Price Selling Price Summary Odometer: $0.00 Date Monthly Payment $0.00Trade Allowance(s) $0.00 0.00% New 2022 MAXXD U4X8318 7X18 10K UTILITY Discount Rebate Prep Fee Road & Bridge Fee $6,700.00 $1,185.25 $0.00 $5,514.75 $100.00 $0.00 Optional Equipment & Accessories Buyer Signature Manager Signature Buyer Signature Motor Vehicle Tax e-Tag Fee Trade Payoff(s) $0.00 $5.00 $0.00 Term: APR: 0 months VIN Mileage Weight 5R8BU1820NM093345 2200 Program Fee $0.00 Less Down Payment $5,688.00 Trade 1 Vin: Trade: $0.00 $0.00 $5,688.00 *** BuyBoard Contract# 599-19 *** *** NET 30 *** U4X8318 - In-Stock MSRP -- 6700.00 7x18 with 2" Toprail and Flat Floor In-stock Dealer Discount -- (-895.00) Prep/TempTag/Insp -- 173.25 Additional BuyBoard Discount -- (-290.25) Title Certificate $0.00 License Fee $0.00 **Currently In-Stock with Limited Availability Document Fee $50.00 Dealer Inventory Tax $0.00 Inspection Fee $18.25 **Requires Signed Invoice and PO to Secure Unit Finance Company: Address: Less Deposit $0.00 Date Date Ext Color #Int Color. Gray Optional Equipment & Accessories $0.00 Loan Information N/A N/A Description of Purchase GVW 10000 Length 18 Width 7 Allowance:Payoff: Stock Number:MX93345 Quote OnlyPrinted: Sep 27, 2022 Page 1 of 2 Init. ______EL-BO-ACC 123 Agenda Item 9-10 North TX Trailers POTENTIAL PRICE INCREASE(S) POLICY I acknowledge that I am custom ordering a trailer from North Texas Trailers and the price reflected in this quote is an ESTIMATE only. Final price could be effected by future price increase(s) imposed by our manufacture which are out of North Texas Trailers control. IN THE EVENT THAT THE MANUFACTURES IMPOSES PRICE INCREASE(S) YOU WILL BE PROVIDED WITH A COPY OF THE PRICE INCREASE(S) AT TIME OF FINAL PAYMENT AND YOUR FINAL PRICE WILL INCREASE BY AN AMOUNT EQUAL TO THE MANUFACTURE PRICE INCREASE(S) PLUS ADDITIONAL TAXES. I FURTHER ACKNOWLEDGE THAT I AM PLACING A 25% Non-refund able PARTIAL PAYMENT ON THIS ORDER. THIS PARTIAL PAYMENT HAS BEEN APPLIED TO MY TOTAL BALANCE DUE. IF I CHOOSE TO NOT TAKE POSSESSION OF THE UNIT I AGREE TO FORFEIT THE PARTIAL PAYMENT. MY INITIALS HERE INDICATE MY UNDERSTANDING AND APPROVAL OF THE POLICY DETAILED ABOVE: CUSTOMER INITIALS: _______________________________ Terms & Conditions Quote OnlyPrinted: Sep 27, 2022 Page 2 of 2 Init. ______EL-BO-ACC 124 Page 1 of 1 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Procurement of Shade Structure at Harmony Park Town Council Meeting, October 25, 2022 Background and Explanation: The large playground shade structure at Harmony Park was damaged during a storm on June 1, 2022. Staff contacted the vendor to inquire if the shade structure was still under any warranty and found out it was not. The total cost of the shade structure replacement is in the amount of $25,810.49 through Cunningham Recreation. The damage was submitted as a claim to the town’s insurance for repair reimbursement; the town received a compensation amount of $24,810.49 from the claim, however a $1,000 deductible was required Cunningham Recreation is a part of the BuyBoard cooperative program and meets all bidding requirements. 125 Town of Trophy Club Attn: Tony Jaramillo 500 Parkview Drive Trophy Club, TX 76262 Phone: 817-538-1489 Fax:817-490-0705 tjaramillo@trophyclub.org Ship to Zip 75126 Quantity Part # Description Unit Price Amount 1 SS HIP FABRIC REPL USA Shade - Replacement Fabric with Cables and Clamps for 50' x 65' Shade Structure $21,536.14 $21,536.14 1 INSTALL MISC - Installation of Above Shade Fabric and Cables Only- No other site work, demolion or concrete work included. Acquision of any and all permits is the sole responsibility of the customer. $3,641.98 $3,641.98 Contract: Buy Board Contract #592-19 Sub Total $25,178.12 Freight $632.37 Total $25,810.49 Comments Freight Calculated to Installer Address DUE TO FLUCTUATING FUEL COSTS, FREIGHT SHOWN IS ESTIMATED FREIGHT. ACTUAL FREIGHT WILL BE DETERMINED AT THE TIME OF YOUR ORDER. PLEASE FEEL FREE TO CONTACT US TO VERIFY CURRENT FREIGHT CHARGES PRIOR TO PLACING YOUR ORDER. TERMS & CONDITIONS: PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. PAYMENT TERMS: Net 30 days subject to approval by Credit Manager. A signed P.O. made out to Cunningham Recreation or this signed quotation is required for all orders unless otherwise noted. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Checks should be made payable to Cunningham Recreation unless otherwise directed. FINANCE CHARGE: A 1.5% monthly finance charge (or as permitted by law) will be added to invoices over 30 days past due. TAXES: Taxes will be be shown as a separate line item when included. Any applicable taxes not shown will be added to final invoice. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. SHIPMENT: Multiple shipments may be required based on point of origin. Above costs assume one shipment for each vendor quoted. LEAD TIME: Standard orders ship 12-14 weeks after receipt of order and acceptance of your purchase order, color selections, approved submittals (if required) unless otherwise noted. Custom equipment and shades may require a longer lead times. Surfacing lead time is approximately 2 weeks after scheduling request. DELIVERY: It is the responsibility of the owner to offload and inventory equipment, unless other arrangements have been made. Missing or damaged equipment must be reported within 60 days of acceptance of delivery. Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX www.cunninghamrec.com 10/05/2022 Quote # 62255-02-02 Harmony Park - Shade Fabric Replacement - Rev 1 Page 1 of 3 Agenda Item 9-11 Cunningham Recreation INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $25,810.49 SALES TAX EXEMPTION CERTIFICATE #:___________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX www.cunninghamrec.com 10/05/2022 Quote # 62255-02-02 Harmony Park - Shade Fabric Replacement - Rev 1 Page 2 of 3 BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION: Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX www.cunninghamrec.com 10/05/2022 Quote # 62255-02-02 Harmony Park - Shade Fabric Replacement - Rev 1 Page 3 of 3 PO Number Date :10/17/2022 Department Parks and Rec. Delivery Address Project#003 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 1 25,810.49 25,810.49$ -$ -$ -$ -$ -$ -$ -$ -$ Co-op info: Total 25,810.49$ Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. Charlotte, NC 28224 01-400-65100 Project 003 PURCHASE REQUISITION FORM Vendor (Name & Address) Cunningham Recreation PO Box 240981 Description Harmony Park large shade fabric replacment Vendor Packet Active? - Yes Attachments - Harmony Park Shade Fabric Replacement estimate Budget Information - Agenda Item 9-11Cunningham Recreation Page 1 of 1 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Replacement Procurement of a Ford F250 Crew Cab Work Vehicle Town Council Meeting, October 25, 2022 Background and Explanation: In accordance with the Town’s vehicle replacement policy, staff is requesting authorization for the replacement of a 2011 Ford F250 Parks vehicle #4002 with a 2023 Ford F250. The Ford F250 #4002 will be scheduled to be auctioned and is valued in its current condition at $9,995. It has been scheduled for repairs within the last two years for a total of approximately $3,000 and currently has an oil leak. The replacement purchase was approved as part of the Capital Replacement Plan within the FY2022-2023 budget. The chosen vendor is a part of Goodbuy purchasing cooperative program and therefore meets all bidding requirements. 130 PO Number Date :9/16/2022 Department Parks and Rec. Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 1 29,272.00 29,272.00$ 1 1,845.00 1,845.00$ 1 27,322.00 27,322.00$ 1 533.75 533.75$ 1 300.00 300.00$ -$ -$ -$ -$ Co-op info: Total 59,272.75$ Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. Description 2023 F250 Crew Cab 4X4 Magnum Amber LED Lightbar with Traffic Advisor Additional Factory Options Vendor Packet Active? - Yes Attachments - GoodBuy Estimate Budget Information - Coded for FY 2022-23 PURCHASE REQUISITION FORM Vendor (Name & Address) Silsbee Ford 1211 Hwy 96 N. Silsbee, Texas 77656 Delivery Charge Administration Fee 07-400-83700 07-400-83700 07-400-83700 07-400-83700 07-400-83700 131 Agenda Item 9-12 Silsbee Ford Prepared by: Phone: Email: Date: A.7A24 29,272.00$ B.Factory Options Code Bid Price Code Bid Price W2B 15,395.00$ -$ Z1 -$ 96S 595.00$ AS -$ 99T 10,495.00$ -$ 90L 1,350.00$ 525 235.00$ 52B 300.00$ X3H 390.00$ -$ 28,760.00$ (1,438.00)$ C.Additional Options [not to exceed 25%]$=3.2 % Bid Price Bid Price 1,575.00$ 270.00$ 1,845.00$ D.Floor Plan Interest (for in-stock and/or equipped vehicles):-$ E.Lot Insurance (for in-stock and/or equipped vehicles):-$ F.Contract Price Adjustment:-$ G.Additional Delivery Charge:305 miles 533.75$ H.Subtotal:58,972.75$ I.Quantity Ordered 1 x K =58,972.75$ J.Trade in:-$ K.300.00$ L.TOTAL PURCHASE PRICE INCLUDING GOODBUY FEE 59,272.75$ September 16, 2022 TJARAMILLO@TROPHYCLUB.ORG TRAFFIC ADVISOR TONY JARAMILLO 682.831.4683 6.7L V8 DIESEL Product Description: Published Option Discount (5%) Total of B. Published Options: ELECTRONIC SHIFT ON THE FLY GOODBUY 22-22 8F000 VEHICLES www.purchasing.esc2.net VENDOR--Silsbee Ford, 1211 Hwy 96 N., Silsbee TX 77656 TOWN OF TROPHY CLUBEnd User: Contact: Email:rhyder.cowboyfleet@gmail.com RICHARD HYDER (409)300-1385 REAR VIEW CAMERA PRODUCT PRICING SUMMARY A. Base Price: SPRAY IN BEDLINER Options Bid Item: EXTERIOR WHITE INTERIOR GRAY VINYL 40/20/40 INSTALLATION FORD F250 CREW CAB PICKUP SO MAGNUM AMBER LED LIGHTBAR WITH POWER EQUPMENT GROUP BLUETOOTH Options Options 2023 F250 CREW CAB 4X4 8'' BED Options Total of C. Unpublished Options: GOODBUY Administrative Fee ($300 per purchase order) 3.31 ELECTRONIC LOCKING AXLE TRAILER BRAKE CONTROLLER CRUISE 132 Agenda Item 9-12Silsbee Ford Town of Trophy Club Fleet Replacement Policy General Policy It is the policy of the Town of Trophy Club to provide staff with the tools needed to do the job in a professional, competent, and safe manner. Among the biggest “tools” in accomplishing the task are motor vehicles. In addition, these items are a very substantial financial investment and need to be handled in the most economic manner to the Town, both in their operation and in maximizing their disposal value. Each vehicle has a number of “lives”. Vehicles have a service life, which is the amount of time a vehicle is capable of rendering service. Vehicles have a technological life, which is the amount of time a vehicle is capable of rendering service. Vehicles have a technological life, which represents the relative productivity decline of the unit as compared to newer models. Most important, a vehicle has an economic life, which is the length of time the average total vehicles cost is at a minimum. The unit expenses and costs should be considered in determining fleet replacement recommendations; the following is a list of those expenses/costs: 1.Fuel Costs 2.Operation Costs 3.Maintenance Costs, to include parts availability 4.Downtime 5.Technological Obsolescence 6.Condition 7.Safety The realities of the budget process, monetary restrictions, and administrative policies will limit the replacement that can be made each year, and that priorities must be set to determine which vehicles to replace with available funds. The purpose of this policy is to set forth an outline for user departments, in cooperation with the Finance Department to establish these priorities for recommendation to management. Equipment Replacement Evaluation and Criteria Vehicles will be evaluated by four criteria: age, mileage, operation & maintenance cost, condition of body, and mechanical components. A baseline is set for each criterion and points are assigned, depending on how the item’s data compares to the base standard. The ratings are low, base (equal to the standard), high and extreme. Points are assigned as follows: 1-low, 2-base, 3-high, and 4-extreme. Any point total equaling or exceeding eleven (11) indicates that the vehicle should be recommended for replacement. The point total is used to rank its replacement priority, and the larger the number the higher the replacement priority will be. A priority ranking 133 Agenda Item 9-12 TC Fleet Replacement Policy will be developed for the entire fleet by class of vehicle regardless of departmental assignment. Priority ranking is intended to serve as a guide and should be considered along with manager recommendation. Special circumstances might present themselves such that a vehicle may not meet the criteria for recommendation to replace, but due to circumstances not captured in the policy a department head may recommend to replace early. Or on the contrary, a vehicle may meet the criteria for replacement but the manager might recommend delaying replacement because they feel the vehicle can still be of use with little maintenance costs. The following is a brief explanation of the rating criteria: Age: based on the experience in the class of equipment and industry standards as recommended by the Government Services Administration, State standards, other cities, etc., and intended to reflect the least cost and highest resale value to the Town. Mileage/Hours: based on the experience in the class of equipment and industry standards as recommended by the Government Services Administration, State standards, other cities, etc., and intended to reflect the least cost and highest resale value to the Town. Maintenance Cost: The base cost will be a total of maintenance and repair costs as a percentage of the original purchase price. Accident and warranty repairs are not to be included in this total. Condition: a physical evaluation made for each vehicle that meets or exceeds the base standards for age, mileage, and maintenance costs. The criteria would be an assignment of a repair cost as a percentage of the book value of the vehicle. Vehicle history, such as accidents would also be considered at this point. Comments and Other Considerations: This is where the Department Manager can comment on vehicle history, costs, technological changes, safety items, ect. that should be considered in the evaluation 134 Replacement Parameters Age Condition Points Below base replacement age 0 < 1 year over base 1 1-2 years over base 2 3-4 years over base 3 4+ years over base 4 Mileage Condition Points Below base replacement mileage 0 Base + < 10,000 miles (600 hours) 1 Base + 10,000-20,000 miles (600-1,200 hours) 2 Base + 20,000 miles (+1,200 hours) 3 Maintenance Cost Condition Points < 5% of the purchase cost 1 5% to 12% of purchase cost 2 13% to 25% of purchase cost 3 > then 25% of purchase cost 4 Condition Evaluation Condition Points Repair cost <6% of the book value 2 Repair cost 6% to 18% of book value 3 Repair cost >18% of replacement 4 135 Equipment Replacement Base Criteria Item Age Mileage/Hours Truck (non-diesel) 5 80,000 Truck (diesel) 7 90,000 Ambulance 7 75,000/7,500 Police Vehicle 3 60,000 Police Admin Vehicle 5 80,000 136 Vehicle/Equipment Evaluation Summary Report Item #: 4002 Evaluation/Report Date: 10/17/2022 Department Assignment: Parks and Recreation Department Year: 2011 Make: Ford Model: F-250 Description/Use: Used for maintenance of Town Parks Base Age from Policy Points: 4 Base Mileage Points: 3 $27,897 Total M&R: Points: Summary Values Age 11 years old Mileage 74,000 Purchase Cost: Book Value: Est Repair Cost: Points: Total Points Comments and other considerations: 137 1 $10,000 $4,000 3 The truck currently is out of commission because of an oil leak. Page 1 of 1 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Procurement of a New Bobcat Skid Steer for Trophy Club Park from Bobcat of North Texas Town Council Meeting, October 25, 2022 Background and Explanation: Staff is requesting authorization for the replacement of a 2015 Bobcat Track Loader with a 2022 new Bobcat Track Loader. Our Bobcat Track Loader currently has 800 hours and is in poor condition; it has needed various repairs in the amount of $6,505.19 within the last two years and currently is out of commission because of a hydraulic leak. Staff received a quote from Bobcat of North Texas for a new Bobcat Track Loader in the amount of $78,817, however, Bobcat of North Texas offered a trade-in value of $34,000 leaving the Estimate balance of $50,392. The replacement purchase was approved as part of the Capital Replacement Plan within the FY2023 budget. The chosen vendor is a part of the Buyboard purchasing cooperative program and therefore meets all requirements for bidding. $60,000 was budgeted for the replacement of the Bobcat within the FY2023 Capital Replacement Fund and will be coded to 09-400-83700. 138 PO Number Date :10/5/2022 Department Parks and Rec. Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 07-400-83700 1 78,817.00 78,817.00$ 1 5,575.00 5,575.00$ 1 (34,000.00) (34,000.00)$ -$ -$ -$ -$ -$ -$ Co-op info: Total 50,392.00$ Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. Lewisville, TX 75067 Other Charges Trade in value for Town owned Bobcat PURCHASE REQUISITION FORM Vendor (Name & Address) Bobcat of North Texas - Lewisville 1302 South Stemmons Freeway Description T76 T4 Bobcat Compact Track Loader Material and Logistics (building materials and Shipping Cost) 2015 T650 Compact Track Loader ALJG12557 Vendor Packet Active? - Yes Attachments - Bobcat NTX Quote Number: 33524D034181 Budget Information - Buy Board #597-19 139 Agenda Item 9-13 Bobcat of North Texas Ship to TOWN OF TROPHY CLUB Attn: DANIEL WILSON 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 Phone: (682) 237-2900 Product Quotation Quotation Number: 33524D034 I 81 Date: 2022-10-04 14:35:35 Bobcat Dealer Bobcat of North Texas -Lewisville, Lewisville, TX 1302 SOUTH STEMMONS FREEWAY LEWISVILLE TX 75067 Phone: 469-586-0000 Fax: 972-221-3095 Contact: Todd Lewis Phone: 817-654-2202 Fax: 817-457-9425 Cellular: 214-869-6161 E Mail: tlewis@bobcatofdallas.com Bill To TOWN OF TROPHY CLUB Attn: DANIEL WILSON 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 Phone: (682) 237-2900 Description T76 T4 Bobcat Compact Track Loader P67 Performance Package Part No M0371 M0371-P06-P67 Qty Price Ea. I $78,817.00 Total $78,817.00 "Power Bob-Tach 7-Pin Attachment Control C67 Comfort Package "Enclosed Cab with HV AC Sound Reduction Touch Display with Radio &amp; Bluetooth 17.7" C-Pattem Rubber Track 17.7" C-Pattem Rubber Track 80" Heavy Duty Bucket Bolt-On Cutting Edge, 80" Total ofitems Quoted Other Charges: Material and Logistics $0.00 Two-Speed, High Flow, Dual Direction Bucket Positioning 11 M0371-P07-C67 $0.00 Heated Cloth Air Ride Suspension Seat Premium LED Lights" M0371-R09-C02 7272681 6718008 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Discount TRADE IN: 2015 T650 COMPACT TRACK LOADER ALJGJ2557 $78,817.00 $5,575.00 ($34,000.00) Quote Total -US dollars $50,392.00 Notes: BUYBOARD 597-19 I All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer Acceptance: Purchase Order: __________ _ Authorized Signature: Print: ____________Sign: ____________ Date: ---- 140 Agenda Item 9-13 Bobcat of North Texas To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Procurement of materials from SiteOne Landscape for Fiscal Year 22-23 Town Council Meeting, October 25, 2022 Background and Explanation: SiteOne Landscapes offers a wide variety of landscape materials that are needed daily for staff to be able to perform the maintenance necessary at our parks, medians and common areas throughout town. Irrigation materials, mulch, decomposed granite, wood fibar (playground surface), and other related landscape materials are available for purchase through SiteOne Landscapes. Staff is requesting a not to exceed amount of $38,500 which is the budgeted amount approved by Council for fiscal year 22 – 23. SiteOne Landscapes is part of the BuyBoard cooperative program and meets all bidding requirements. •Medians 01-400-65100 project 010 -$15,000 •Harmony Park 01-400-65100 project 020 - $8,000 •Independence Park 01-400-65100 project 003 - $8,000 •Freedom Dog Park 01-400-65100 project 004 $5,000 •Lakeview Park 01-400-65100 project 005 $2,500 Total - $38,500 141 PO Number Date :10/11/2022 Department Parks and Rec. Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 1 15,000.00 15,000.00$ 1 8,000.00 8,000.00$ 1 8,000.00 8,000.00$ 1 5,000.00 5,000.00$ 1 2,500.00 2,500.00$ -$ -$ Co-op info: Total 38,500.00$ Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. Fort Worth, TX 76244-8108 Irrigation supplies and landscape materials Irrigation supplies, landscape materials, and playground mulch Irrigation supplies and landscape materials 01-400-65100 Proj. 010 01-400-65100 Proj. 002 01-400-65100 Proj. 003 01-400-65100 Proj. 004 01-400-65100 Proj. 005 PURCHASE REQUISITION FORM Vendor (Name & Address) SiteOne Landscape Supply 4733 Keller Haslet Road Description Irrigation supplies and landscape materials Irrigation supplies, landscape materials, and playground mulch Vendor Packet Active? - Yes Attachments - No Attachments Budget Information - Budgeted in Parks Property Maintainence for FY23 at Lakeview Park, Harmony Park, Inndependence East & West, Freedom Dog Park, and Medians Buy Board #611-20 142 Agenda Item 9-14 SiteOne Landscape 143Agenda Item 9-14SiteOne Landscape 144 145 146 147 148 149 150 151 152 153 154 Page 1 of 1 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Procurement of services through Sunbelt Pools for FY 22-23 Town Council Meeting, October 25, 2022 Background and Explanation: Sunbelt Pools sells a wide variety of commercial pool chemicals and in addition provides commercial pool maintenance services. Sunbelt Pools Technicians are scheduled to assist with mechanical problems on a larger scale and are scheduled by staff on an as-needed basis only. The amount requested for pool chemical purchase through Sunbelt Pools is $18,000 from the Recreation line item 01-450-7230 project 102. The second amount requested for Sunbelts maintenance services is for a not to exceed amount of $9,500 from the Recreation line item 01- 450-65100 project 102; for the total of a not to exceed amount of $27,500, which is budgeted within FY2023. Sunbelt Pools is part of the Buyboard and meets all bidding requirements. 155 PO Number Date :10/11/2022 Department Parks and Rec. Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 1 18,000.00 18,000.00$ 1 9,500.00 9,500.00$ -$ -$ -$ -$ -$ -$ -$ Co-op info: Total 27,500.00$ Requested by: Tony Jaramillo Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. Dallas, TX 75238 01-450-72300 Proj. 102 01-450-65100 Proj. 102 PURCHASE REQUISITION FORM Vendor (Name & Address) Sunbelt Pools, Inc. 10555 Plano Road Description Chemicals for Pool (excluding Acid). Should not exceed. Pump room maintainence and repairs. Should not exceed. Vendor Packet Active? - Yes Attachments - No Attachments Budget Information - Budgeted for the Community Pool from Recreation Chemicals/Safety Equipment for FY23. Buy Board #631-20 156 Agenda Item 9-15Sunbelt Pools 157Agenda Item 9-15Sunbelt Pools 158 159 Page 1 of 1 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Town Manager Anita Otterson, Town Secretary Re: Procurement of a firework show for the 2023 Fourth of July Event Celebration through Pyrotex, Town Council Meeting, October 25, 2022 Background and Explanation: Requesting authorization for the purchase of a firework show for the annual 2023 Fourth of July Event Celebration. We would like to use the same vendor that has provided fireworks for the past two years. The amount of the show is $26,000 and it will be paid from 16-370-76700 – HOT Funds. The amount budgeted is $25,000 and we will use $1,000 from savings in CIP. The Town celebrates Independence Day each year by hosting three patriotic events throughout July 4 each year. Staff proudly finalizes the day by providing an exquisite firework show located at Independence Park West immediately following the evening celebration. 160 161 Agenda Item 9-16 Pyrotex Inc. 162 Agenda Item 9-16 HUB Search 163 164 Agenda Item 9-16 Pyro Shows of Tx Response 165 166 Agenda Item 9-16 Pyrotecnico Proposal 167 168 169 170 171 172 173 174 175 Agenda Item 9-16 Pyrotex Proposal 176 177 178 179 180 181 182 183 184 185 186 Page 1 of 1 To: Mayor and Town Council From: Patrick Arata, Police Chief Jason Wise, Fire Chief CC: Wade L. Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of Denton County Auditor Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: Denton County Auditor – Denton County ILA for Dispatch Services related to Police and Fire - $ 50,606.00 The Denton County Sheriff provides emergency telecommunications and dispatch services for the Trophy Club Police and Fire/EMS departments. The provided service includes: •Twenty-four (24) hours a day, seven (7) days a week public safety answering point; •Receiving emergency and routine calls for law enforcement, fire, and medical services; •Directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; •Providing on-going communication support to the emergency personnel in the field; •And updating, maintaining, and managing the County owned radio communications system, computer systems, support files, and resource materials necessary to accomplish the above. The breakdown of these costs are $ 10,122.00 for Fire/EMS and $ 40,484.00 for Police 191 PURCHASE REQUISITION FORM PO Number Date : 10/1/2022 Department PD/FD Vendor (Name & Address) Denton County - Vendor# 174298 Denton County Auditor 1 Courthouse Dr, Ste 2000 Denton, TX 76208 Delivery Address Project# 1Trophy Wood Drive Trophy Club, TX 76262 Comments Patrick ArataRequested by: Approved by: Finance Approved by: Account Number Description Quantity Unit Amount Total Amount 01-251-66500 Police and Fire Dispatch, Denton County Communication Agreement for FY 2022-2023. Police Dispatch Fund Code: 01-251-66500 1 40,484.00 $ 40,484.00 Fire Dispatch Fund Code: 01-255-66500/ 01-256-66500 1 10,122.00 $ 10,122.00 Approved Communication Agreement by Council on June 14, 2022 Total $ 50,606.00 192Agenda Item 9-17 Denton County ILA Auditor 193 Agenda Item 9-17 Denton County ILA Auditor 194 Agenda Item 9-17 Denton County ILA Auditor 195 196 197 198 199 200 201 Page 1 of 1 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Wade L. Carroll, Town Manager Anita Otterson, Town Secretary Re: Explanation of Stolz Telecom Purchase Order Request Town Council Meeting, October 25, 2022 Background and Explanation: Stolz Telecom – $ 53,511.83 The Trophy Club Police Department requests the approval of this purchase order for installation of the police equipment to make the 3 new vehicles operational. The vehicles will be equipped with red and blue lights, cameras, prisoner compartments, lock boxes and radios along with other specialty equipment. Two of the vehicles are for patrol and the third is for admin. A patrol vehicle and an administrative vehicle are in the process of being removed from the fleet. The other vehicle is maintained as the ghost car operated by TCEVA members. 202 203Agenda Item 9-18 Stolz Telecom 204 Agenda Item 9-18 Stolz Telecom 205 206 207 208 209 210 Agenda Item 9-18 Stolz Telecom 211 212 213 214 215 Agenda Item 9-18 Stolz Telecom 216 217 218 219 220 Page 1 of 2 To: Mayor and Town Council From: Wade L. Carroll, Town Manager CC: Anita Otterson, Town Secretary Re: PID Surcharge Town Council Meeting, October 25, 2022 Agenda Item: Consider and take appropriate action regarding an Ordinance amending subsection i, annual capital improvement and maintenance charge, of Section A1.014, Water and wastewater fees for Public Improvement District No. 1, within Appendix A, Fee Schedule, of the Trophy Club Code of Ordinances, to adopt a monthly surcharge for PID residents; providing for severability; providing a penalty; and providing an effective date, (W. Carroll). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The Town has received the Trophy Club MUD’s annual PID surcharge calculation. The calendar year 2023 PID resident’s fair share of MUD operating and maintenance and debt expenditures is $145,029 or $114.64 per household, a decrease of approximately 12 percent. The calculated PID monthly surcharge is $8.37 for calendar year 2023. Financial Considerations: This rate is a ($1.18) per month per household decrease. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of Ordinance No. 2022-32 221 Page 2 of 2 Attachments: •Ordinance No. 2022-32 •CY23 PID Surcharge Analysis •Letter to Town PID Surcharge CY 2023 Mayor Alicia Fleury or designee 222 ORD 2022-32 Page 1 of 4 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2022-32 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTION I, “ANNUAL CAPITAL IMPROVEMENT AND MAINTENANCE CHARGE,” OF SECTION A1.014, “WATER AND WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1,” WITHIN APPENDIX A, “FEE SCHEDULE,” OF THE CODE OF ORDINANCES, TO ADOPT A MONTHLY SURCHARGE APPLICABLE TO CONNECTIONS IN THE TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 IN ORDER TO PAY THE PID PORTION OF MUD1 OPERATIONS AND MAINTENANCE BUDGET AND DEBT FOR CALENDAR YEAR 2023; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Fees imposed by the Town are adopted via Ordinance and are codified in Appendix A of the Town of Trophy Club Code of Ordinances; and WHEREAS, Appendix A, Fee Schedule, Section A1.014 of the Code of Ordinances contains fees for public works for the Trophy Club Public Improvement District No. 1 (hereinafter “PID”), including fees for meters utilized within the PID; and WHEREAS, the Town of Trophy Club (the “Town”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants of the Trophy Club Public Improvement District No. 1 (the “Town System”); and WHEREAS, under the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water And Wastewater Operational Services between the Town and Trophy Club Municipal Utility District No. 1 dated April 15, 2014 (the “Contract”), the Trophy Club Municipal Utility District No. 1 (the “MUD”) has agreed to provide the Town with wholesale water and wastewater services and with operations services related to the Town System within the boundaries of the PID Property, as that term is defined in the Contract; and WHEREAS, Section 7.1 of Article VII of the Contract requires the Town to a charge a fee to the residents of the PID for the “Annual Capital Improvements and Maintenance Charge” due to MUD1; and 223 ORD 2022-32 Page 2 of 4 WHEREAS, MUD1 has issued debt; therefore, pursuant to the Contract, the Town has determined it appropriate to adopt the fee set forth below in accordance with the provision of the Contract providing for an Annual Capital Improvements and Maintenance Charge in order to impose the fee required to fund the PID’s percentage share of the MUD1 Operations and Maintenance budget and debt for calendar year 2023; and WHEREAS, the Town Council hereby finds that the amendment of Section A1.014 within Appendix A of the Code of Ordinances amending the Town’s Fee Schedule to adopt the Annual Capital Improvement and Maintenance Charge in the form of a flat monthly fee as further specified herein meets the Town’s contractual obligations pursuant to the Contract and serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Subsection (i) entitled “Annual capital improvement and maintenance charge” of Section A1.014, “Water and wastewater fees for Public Improvement District No. 1,” within Appendix A, “Fee Schedule,” of the Town of Trophy Club Code of Ordinances is hereby amended to read as follows and which shall be added to all other charges imposed under Section A1.014, and all such other fees and provisions of Section A1.014 not specifically amended hereby shall remain in full force and effect: “Appendix A - FEE SCHEDULE … Section A1.014 – Water and wastewater fees for Public Improvement District No. 1 … (i)Annual capital improvement and maintenance charge: $8.37 (monthly fee per connection) …” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the 224 ORD 2022-32 Page 3 of 4 provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. 225 ORD 2022-32 Page 4 of 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of October 2022. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Anita Otterson Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas 226 Description  Standard  O&M Revenue from PID Surcharge 28,784.00          20% O&M proportion I&S Revenue from PID Surcharge 116,245.00        80% I&S proportion Total 145,029.00         Number of PID Residents 1,444.00             Standard rate for 12 months (per month)8.37$  Change in Rate from CY22 ($9.55)(1.18)$                 Rate = ((Total/Number of Residents)/12 Months) PID SURCHARGE  for Calendar Year 2023 227 Agenda Item 10 PID Surcharge 2023 October 14, 2022 Trophy Club Municipal Utility District No. 1 100 Municipal Drive, Trophy Club, Texas 76262 (682) 831-4600 tcmud.org April Duvall Chief Financial Analyst Town of Trophy Club 1 Trophy Wood Drive Trophy Club, TX 76262 PID Surcharge for Calendar Year 2023 In accordance with Section 7.2 of the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services dated April 12, 2014, the District is providing notice of the Annual Capital Improvements and Maintenance Charge requirements for calendar year 2023. Total amount to be collected from Town retail water and wastewater customers is calculated below. MUD TARRANT COUNTY: 590,349,578 MUD DENTON COUNTY: 1,645,315,777 DENTON CO. PID: 919,078,121 O&M TAX/SURCHARGE RATE TAX/SURCHARGE RATE = REQUIRED REVENUE/TOTAL VALS/100 REQUIRED REVENUE Vals/100 = 31,547,435 O&M FY 2022 Tax/Surcharge Rate = 0.00313 $116,740* Revenue from MUD Tax = $ 87,956 $98,800** Revenue from PID Surcharge = $ 28,784 *MUD (All of Dept. 39 Budget) **PID (Legal and Auditor only Dept 39)Total: $ 116,740 I&S TAX/SURCHARGE RATE TAX/SURCHARGE RATE = REQUIRED REVENUE/TOTAL VALS/100 REQUIRED REVENUE Vals/100 = 31,547,435 TAX NEW DEBT (I&S) FY 2022 PID Surcharge Rate = 0.01265 Revenue from MUD Tax = $ 282,767 $399,013 Revenue from PID Surcharge = $ 116,245 Total: $ 399,013 Total Due to Trophy Club MUD No. 1 PID Surcharge Calendar 2023 $ 145,029 Emailed Received By:____________________ Date:_________________________ 228 Agenda Item 10 Letter to Town - PID Surcharge 2023 October 14, 2022 Trophy Club Municipal Utility District No. 1 100 Municipal Drive, Trophy Club, Texas 76262 (682) 831-4600 tcmud.org The Town of Trophy Club is responsible for calculating the PID surcharge rate and must provide the new rate to Trophy Club Municipal Utility District No. 1 with an approved Town Rate Ordinance. In order for the January 2023 billing to reflect a new PID surcharge rate, the new Town Rate Ordinance must be received by the District no later than December 31, 2022. The current 2022 PID surcharge rate per connection per month is set at $9.55, and as of September 30th the PID had 1,444 total water connections. In January, the District will reconcile the total funds collected from the PID surcharge for the calendar year and will submit any overage to the Town or if there is a shortage an invoice will be provided. Thank you for your prompt attention to this matter, and please contact me if you have any questions. Sincerely, Steven Krolczyk Finance Manager Trophy Club Municipal Utility District No. 1 100 Municipal Drive Trophy Club, TX 76262 Phone- 682-831-4692 229 Agenda Item 10 Letter to Town - PID Surcharge 2023 Future Agenda Items October 25, 2022 Future Agenda Items will be divided into 3 Categories: 1)Current listing of all future agenda items requested by Council that have not been addressed. 2)Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3)Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed; said items will be removed. The Council may add items as needed to the list. 1)Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. Halff has completed 3 conceptual drawings for the entryway monuments. The drawings have been distributed to the Art Subcommittee and once we receive comments and determine if Halff is moving in the right direction, we will schedule another meeting. 2)Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. Due to decreased staffing, the strategic plan document has been put on hold due to other pressing items during the budget process. Work will begin again in September. 3)Modifying the Existing Veteran’s Memorial to include “Space Force”. Ft. Worth Monument is estimating that the POW-MIA obelisk should be received in the next 4-6 weeks. The Veteran’s Memorial Committee has confirmed the inscriptions that will be engraved on the monument. 4)Promote local businesses through the use of EDC and HOT. Emails have been sent to local restaurants to set up a meeting to discuss ideas related to increasing business particularly during the lunch time period. Staff is also setting up meetings with our local hotel ownership to discuss ideas to increase hotel occupancy and how best to reach their customers. Lastly, I have met with Jeff Ackerson at Charles Swab and TD Ameritrade and discussed a plan to move forward. After I meet with the local businesses a plan will be developed and brought before Council for approval. 5)MUD confirmation of property vs services David Dodd has sent a letter to the MUD. Item will be removed from future agenda items list. 6)Traffic Mitigation Plan – TNP has been given permission to begin updating and expanding the 2018 Traffic study to study the traffic volume and possible resolutions for the increased traffic around Byron Nelson High School and Medlin Middle School. 7)Hogans Glen