HomeMy WebLinkAbout2020 1007Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation: National Chiropractic Health Month. (Council)
Suggested Action:
Attachments:
National Chiropractic Health Month Proclamation 2020.doc
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MAYORAL PROCLAMATION
WHEREAS,Chiropractors are physician-level healthcare providers who
focus on the whole person as part of their hands-on, non-drug approach to pain
management and health promotion, and who have special expertise in the
prevention, care and rehabilitation of musculoskeletal conditions and injuries; and
WHEREAS, More than one in two adults in the United States, or about 124
million people each year, report experiencing a musculoskeletal condition; and
WHEREAS, Fifty-two percent of people living with musculoskeletal
disorders say that it interferes with their activities of daily living, including their
ability to work. Low back pain alone contributes to 264 million lost work days each
year; and
WHEREAS,Chiropractic care is widely recognized as one of the safest
non-drug, noninvasive therapies available for the treatment of low back pain and
other musculoskeletal complaints; and
WHEREAS,The American College of Physicians low-back pain treatment
guidelines released in 2017 promote the use of noninvasive, non-drug approaches
such as spinal manipulation as a first line of defense against back pain, and groups
such as CDC, FDA and the Joint Commission also now promote the use of non-
pharmacologic approaches first for pain management; and
WHEREAS,Noninvasive, non-drug treatments for musculoskeletal (MSK)
conditions such as spinal manipulation and other chiropractic services combined
with an active lifestyle, good nutrition, healthy habits, and proper ergonomics can
protect and enhance MSK health over a lifetime;
NOW, THEREFORE, I, Joe McCourry, Mayor of The Colony, Texas, officially
joins with the American Chiropractic Association to encourage the public as part of
the “Strength, Stability, Success” campaign to take steps toward better
musculoskeletal health and do hereby proclaim the month of October 2020 as:
“NATIONAL CHIROPRACTIC HEALTH MONTH”
SIGNED and SEALED this 7
th day of October, 2020.
Joe McCourry, Mayor
City of The Colony, Texas
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discussion regarding the status of city facilities and restrictions in The Colony. (Powell)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and provide direction to staff regarding traffic at Main Street and Ridgepointe
Drive. (Council)
Suggested Action:
Attachments:
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
Suggested Action:
Attachments:
PIR Qt Report.pdf
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Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2007‐01 7/1/20207/16/20207/1/2020 Suma Sureshchandra O Permit Information Cust Svcs2007‐02 7/1/20207/16/20207/1/2020 Robert Hyman O Certificate of Occupancy Cust Svcs2007‐03 7/1/20207/16/20207/1/2020 Leslie Rodriguez E DSC List MC2007‐04 7/1/20207/16/20207/1/2020 Carole Bartholomew O Permit Information Cust Svcs2007‐05 7/1/20207/16/20207/2/2020 Paige Grass ‐ Comedy Driving Inc. O DSC List MC2007‐06 7/2/20207/17/20207/6/2020 Veronica Flores O Fire Damaged Properties FD2007‐07 7/2/20207/17/20208/3/2020 Veronica Flores O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/2/2020.2007‐08 7/6/20207/20/20207/6/2020 Jan Duron O Fire Damaged Properties FD2007‐09 7/6/20207/20/20208/6/2020 Jan Duron O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/6/2020.2007‐10 7/6/20207/20/20207/6/2020 Jan Duron O Request for City of Prosper CS2007‐11 7/6/20207/20/20207/6/2020 Robin Davis (HBW Inc.) O Permit Information Cust Svcs2007‐12 7/6/20207/20/20208/6/2020 Santos Garcia O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/6/2020.2007‐13 7/6/20207/20/20208/6/2020 Sammy Rangwala O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/6/2020.2007‐14 7/6/20207/20/20207/6/2020 Sammy Rangwala O Code Violations List CI2007‐15 7/6/20207/20/20207/6/2020 Sammy Rangwala O Fire Damaged Properties FD
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2007‐16 7/6/20207/20/20207/6/2020 Gracie Dela Cruz O Fire Damaged Properties FD2007‐17 7/6/20207/20/20207/6/2020 Josh Tyler E DDS List MC2007‐18 7/6/20207/20/20207/6/2020 Kevin Bagby E Permit Information Cust Svcs/Bldg Ins2007‐19 7/6/20207/20/20207/6/2020 Glenn Winningham O DSC List MC2007‐20 7/7/2020 7/21/2020 7/7/2020 Chris Parrott O Permit Information Cust Svcs2007‐21 7/7/2020 7/21/2020 7/7/2020 Braden Mineer O Permit Information Cust Svcs2007‐22 7/7/2020 7/21/2020 7/9/2020 Zasquia Suntay O Fire Damaged Properties FD2007‐23 7/8/2020 7/22/2020 7/15/2020 Stanley Laysa‐Hill O Permit Information Cust Svcs/Bldg Ins2007‐24 7/8/2020 7/22/2020 7/8/2020 John Eickhoff E Patient Care Record FDDirect request and handled through FD.2007‐25 7/13/2020 7/27/2020 7/15/2020 Matt Berry O Code Violations List CI2007‐26 7/13/2020 7/27/2020 7/13/2020 Jamesha Chappelle O Permit Information Cust Svcs2007‐27 7/13/2020 7/27/2020 7/13/2020 Janine Rugas (BuildZoom) E Permit Information Cust Svcs2007‐28 7/13/2020 7/27/2020 8/13/2020 Luisana Martinez O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/13/2020.2007‐29 7/13/2020 7/27/2020 8/13/2020 Grace Parcon O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/13/2020.2007‐30 7/13/2020 7/27/2020 7/14/2020 Wyatt Henley E SUP permit information. Planning2007‐31 7/14/2020 7/28/2020 7/14/2020 Joshua Blas‐Donley O Court Records MC
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2007‐32 7/14/2020 7/28/2020 7/14/2020 Braden Mineer O Permit Information Cust Svcs2007‐33 7/14/2020 7/28/2020 7/14/2020 Scott Keith O Permit Information Cust Svcs2007‐34 7/14/2020 7/28/2020 7/14/2020 Rachel Wall O Request for City of Lewisville CS2007‐35 7/14/2020 7/28/2020 7/15/2020 Lydia Taylor O Code Violations List CI2007‐36 7/14/2020 7/28/2020 7/14/2020 Lydia Taylor O Vacant Homes ListCITC does not keep a vacant property list2007‐37 7/14/2020 7/28/20208/14/2020Lydia Taylor O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/14/2020.2007‐38 7/14/2020 7/28/20207/20/2020Lydia Taylor O Fire Damaged Properties FD2007‐39 7/14/2020 7/28/20207/15/2020Lydia Taylor O Substandard Properties CI2007‐40 7/14/2020 7/28/20207/15/2020Lydia Taylor O Abated Property List CI2007‐41 7/14/2020 7/28/20207/21/2020Heather Wendel O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2007‐427/15/2020 7/29/2020 7/23/2020Jon Eberle O Site PlanCust Svcs/Bldg Ins2007‐437/15/2020 7/29/2020 7/15/2020David Blackstock O Permit Information Cust Svcs2007‐447/15/2020 7/29/2020 7/17/2020Jared Jones O Water Shut Off List Cust Svcs$27.002007‐457/15/2020 7/29/2020 7/29/2020Tryggvi Larusson O Dog Bite Report Animal Svcs2007‐467/15/2020 7/29/2020 7/16/2020Ashley Rigsby (Lonestar Social Services) O PD Service Call records PD2007‐477/16/2020 7/30/2020 7/29/2020Tracy Brown O Dog Bite Information Animal Svcs
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2007‐487/16/2020 7/30/2020 7/20/2020Jan Duron O Fire Damaged Properties FD2007‐497/20/2020 8/3/2020 7/20/2020Kristina Davis E Water Bill Usage Cust Svcs2007‐507/20/2020 8/3/2020 7/20/2020James Such E Meeting Minute Information CS2007‐517/20/2020 8/3/2020 8/3/2020Christopher Montez OCO information for Pepper Lawson Waterwokrs Finance2007‐527/20/2020 8/3/2020 7/21/2020Jon Baker E Utilities Drawings Engineering2007‐537/20/2020 8/3/2020 7/21/2020Dan Darcy O Permit Information Cust Svcs2007‐547/21/2020 8/4/2020 7/21/2020Nelja Holmquist O Permit Information Cust Svcs2007‐557/21/2020 8/4/2020 7/21/2020Dan Darcy O Permit Information Cust Svcs2007‐567/21/2020 8/4/2020 7/21/2020Braden Mineer O Permit Information Cust Svcs2007‐577/21/2020 8/4/2020 7/22/2020Robert Hyman O Certificate of Occupancy Cust Svcs2007‐587/21/2020 8/4/2020 7/21/2020Matt Pledger O Fire Report FD2007‐597/21/2020 8/4/2020 7/21/2020Sarah Kaylor OResidential Recycling ContractCust Svcs2007‐607/21/2020 8/4/2020 7/22/2020Ryan Autery O Certificate of Occupancy Cust Svcs2007‐617/21/2020 8/4/2020 7/21/2020Paula Redeemer (Budget Suites of America) O Fire Report FD2007‐627/22/2020 8/5/2020 7/23/2020Liesl Bowman E Architectural Floor PlansCust Svcs/Bldg Ins2007‐637/23/2020 8/6/2020 7/29/2020Chris Parrott O Plat InformationCust Svcs/Bldg Ins13
2007‐647/23/2020 8/6/2020 7/23/2020Yasameen Aljumaili O Zoning Information Planning2007‐657/23/2020 8/6/2020 8/24/2020Abdul Rehman O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/23/2020.2007‐667/23/2020 8/6/2020 8/24/2020Zach Shelley O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/23/2020.2007‐677/24/2020 8/7/2020 7/31/2020Emily Schelnick O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2007‐687/24/2020 8/7/2020 7/24/2020Jay Cardenas O Certificate of Occupancy Cust Svcs2007‐697/27/2020 8/10/2020 7/28/2020Cody Roden O IT Information IT2007‐707/27/2020 8/10/2020 7/27/2020Faith Evan O Permit Information Cust Svcs2007‐717/27/2020 8/10/2020 8/27/2020Faith Evan O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/27/2020.2007‐727/27/2020 8/10/2020 7/27/2020Faith Evan O Code Violations List CI2007‐737/27/2020 8/10/2020 7/27/2020Faith Evan O Vacant Homes List CITC does not keep a vacant property list2007‐747/27/2020 8/10/2020 7/27/2020Faith Evan O Substandard Properties CI2007‐757/27/2020 8/10/2020 8/3/2020Sandra Nesbitt O Fire Damaged Properties FD2007‐767/28/2020 8/11/2020 7/30/2020Amy Regan O Police Report PD2007‐777/28/2020 8/11/2020 8/5/2020Isaac Stallworth E Substandard Properties CI2007‐787/28/2020 8/11/2020 8/28/2020Homer Haider O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 7/28/2020.2007‐797/29/2020 8/12/2020 7/29/2020Soukup Kari O Permit Information Cust Svcs
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2007‐807/30/2020 8/13/2020 8/12/2020James Lehaman O Court Records PD/MC8/4: PD requested clarification (Expires 10/5)2007‐817/30/2020 8/13/2020 7/30/2020Glen Dastugue O Water Bill Usage Cust Svcs2007‐827/30/2020 8/13/2020 7/31/2020Robet Canetta O Pemit Information Cust Svcs2007‐837/31/2020 8/14/2020 8/3/2020Jean Woolf O New Cell Tower Information Cust Svcs2007‐847/31/2020 8/14/2020 8/11/2020Roberto Santallo O Health Inspections Inforamtion CIKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days
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Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2008‐01 8/3/20208/17/20208/3/2020 Chris Parrott O Permit Information Cust Svcs2008‐02 8/3/20208/17/20208/3/2020Kaylin Gravatt (Colin County Medical Examiners) E Ambulance Run Sheet FD Direct request through FD.2008‐03 8/3/20208/17/20208/3/2020 Leslie Rodriguez E DSC List MC2008‐04 8/3/20208/17/20208/3/2020 Paige Grass (Comedy Driving) O DSC List MC2008‐05 8/3/20208/17/20208/3/2020 Carole Bartholomew O Permit Information Cust Svcs2008‐06 8/3/20208/17/20208/10/2020 Dana Glass O Building PlansCust Svcs/Bldg Ins2008‐07 8/3/20208/17/20208/3/2020Michele Mandell (District Investments) E PID Information General Admin2008‐08 8/4/20208/18/20209/8/2020 Sammy Rangwala O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/4/2020.2008‐09 8/4/20208/18/20208/4/2020 Sammy Rangwala O Code Violation List CI2008‐10 8/4/20208/18/20208/11/2020 Sammy Rangwala O Fire Damaged Properties FD2008‐11 8/4/2020 8/18/2020 9/8/2020 Veronica Flores O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/4/2020.2008‐12 8/4/2020 8/18/2020 8/11/2020 Veronica Flores O Fire Damaged Properties FD2008‐13 8/4/2020 8/18/2020 8/4/2020 Suma Sureshchandra O Permit Information Cust Svcs2008‐14 8/4/2020 8/18/2020 8/11/2020 Jan Duron O Fire Damaged Properties FD
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2008‐15 8/4/2020 8/18/2020 8/4/2020 Construction Monitor O Permit Information Cust Svcs2008‐16 8/4/2020 8/18/2020 8/11/2020 Zasquia Suntay O Fire Damaged Properties FD2008‐17 8/4/2020 8/18/2020 8/4/2020 Glenn Winningham O DSC List MC2008‐18 8/5/2020 8/19/2020 8/5/2020 Jennifer Henry E City Holiday Schedule HR2008‐19 8/5/2020 8/19/2020 8/12/2020 Josh Tyler E DDS List MC2008‐20 8/6/2020 8/20/2020 8/6/2020 Lexis Nexis F Fire Report FD Directly handled via FD.2008‐21 8/6/2020 8/20/2020 8/10/2020 Ryan Autery O Certificate of Occupancy Cust Svcs2008‐22 8/6/2020 8/20/2020 8/12/2020 Gregory Killen O Police Report PD2008‐23 8/6/2020 8/20/2020 8/11/2020Parastoo Jessica GhazizadehO Police Report PD2008‐24 8/7/2020 8/21/2020 8/10/2020 Robin Davis ‐ HBW Inc. O Permit Information Cust Svcs2008‐25 8/10/2020 8/24/2020 8/13/2020 Blake Gleason O Substation Information Engineering2008‐26 8/10/2020 8/24/2020 8/12/2020 Whitlee Migl O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2008‐27 8/10/2020 8/24/2020 9/10/2020 Taiza Ejem O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/10/2020.2008‐28 8/10/2020 8/24/2020 8/12/2020 Gracie Dela Cruz O Fire Damaged Properties FD2008‐29 8/10/2020 8/24/2020 8/11/2020 Anthony Holt O Drawing InformationEN/Building Ins.17
2008‐30 8/10/2020 8/24/2020 8/11/2020 Gentry Brolan O Permit Information Cust Svcs2008‐31 8/11/2020 8/25/2020 8/12/2020 Lydia Taylor O Code Violation List CI2008‐32 8/11/2020 8/25/2020 8/11/2020 Lydia Taylor O Vacant Homes ListCITC does not keep a vacant property list2008‐33 8/11/2020 8/25/2020 9/11/2020 Lydia Taylor O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/11/2020.2008‐34 8/11/2020 8/25/2020 8/12/2020 Lydia Taylor O Fire Damaged Properties FD2008‐35 8/11/2020 8/25/2020 8/18/2020 Lydia Taylor O Substandard Properties CI2008‐36 8/11/2020 8/25/2020 8/12/2020 Lydia Taylor O Abated Property List CI2008‐37 8/11/2020 8/25/20209/11/2020Chirs Fast O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/11/2020.2008‐38 8/11/2020 8/25/20208/12/2020Braden Mineer O Permit Information Cust Svcs2008‐39 8/11/2020 8/25/20208/13/2020Jenna Bragg O Environmental AssessmentCust Svcs/CI/EN/Bldg Insp2008‐408/12/2020 8/26/2020 8/17/2020Mark Coomes O GIS District Boundaries GIS2008‐418/13/2020 8/27/2020 8/13/2020Laray Guerrero (Colin County Medical Examiners) E Fire Dept. Report FD Direct request through FD.2008‐428/13/2020 8/27/2020 8/27/2020Ryan King O Police Records PD2008‐438/14/2020 8/28/2020 8/17/2020Janine Rugas (BuildZoom) O Permit Information Cust Svcs2008‐448/14/2020 8/28/2020 8/14/2020Linda Tepfenhart P Building Plans Cust Svcs
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2008‐458/17/2020 8/31/2020 8/17/2020Shirley Johnson P Fire Incident Report FD Direct request through FD.2008‐468/17/2020 8/31/2020 8/17/2020Lexis Nexis F Fire Report FD Directly handled via FD.2008‐478/17/2020 8/31/2020 8/20/2020Jennifer Ashburn O Police Report PD2008‐488/17/2020 8/31/2020 8/18/2020Michelle Green O Permit Information Cust Svcs2008‐498/18/2020 9/1/2020 9/21/2020Santos Garcia O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/18/2020.2008‐508/18/2020 9/1/2020 8/18/2020Braden Mineer O Permit Information Cust Svcs2008‐518/18/2020 9/1/2020 8/20/2020Lynn Peltier O Copier Lease Agreement Finance2008‐528/18/2020 9/1/2020 8/21/2020Jan Duron O Fire Damaged Properties FD2008‐538/18/2020 9/1/2020 8/31/2020Paul Hoang E Background Information HR/PD/MC2008‐548/19/2020 9/2/2020 8/20/2020Robet Canetta O Pemit Information Cust Svcs2008‐558/20/2020 9/3/2020 8/21/2020Ryan Frachiseur O Permit Information Cust Svcs2008‐568/24/2020 9/8/2020 8/31/2020Diana Rohrback (Alpha Testing) E Environmental AssessmentBldg Insp/Cust Svcs/CI/EN/FD2008‐578/25/2020 9/9/2020 8/26/2020Emily Fetter O Personnel File HR2008‐588/25/2020 9/9/2020 8/25/2020Braden Mineer O Permit Information Cust Svcs2008‐598/25/2020 9/9/2020 8/31/2020Julia Folmer (Omniplex World Services) M Court Records HR/PD/MC Direct request through MC
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2008‐608/25/2020 9/9/2020 8/25/2020Sandra Nesbitt O Fire Damaged Properties FD2008‐618/25/2020 9/9/2020 8/25/2020Ryan Autery O Certificate of Occupancy Cust Svcs2008‐628/25/2020 9/9/2020 8/26/2020Ashley Williams (City of Little Elm) O Personnel File HR2008‐638/25/2020 9/9/2020 8/26/2020Faith Evans O Fire Damaged Properties FD2008‐648/25/2020 9/9/2020 9/25/2020Faith Evans O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/25/2020.2008‐658/25/2020 9/9/2020 8/26/2020Faith Evans O Code Violations List CI2008‐668/25/2020 9/9/2020 8/25/2020Faith Evans O Vacant Homes List CITC does not keep a vacant property list2008‐678/25/2020 9/9/2020 8/26/2020Faith Evans O Substandard Properties CI2008‐688/28/2020 9/14/2020 8/31/2020Thomas Matara O Code Violations List CI2008‐698/28/2020 9/14/2020 9/28/2020Thomas Matara O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 8/28/2020.2008‐708/31/2020 9/15/2020 9/3/2020Taylor Zreet O Police Records PD2008‐718/31/2020 9/15/2020 9/3/2020Robert Dalton O GIS Information GISKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days
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Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2009‐01 9/1/20209/16/20209/3/2020 Carole Bartholomew O Permit Information Cust Svcs2009‐02 9/1/20209/16/2020Aidan Smith O Water Shut Off List Cust Svcs 9/1/2020‐sent 30 day letter2009‐03 9/1/20209/16/20209/3/2020 Braden Mineer O Permit Information Cust Svcs2009‐04 9/1/20209/16/2020Thomas Matara O Water Shut Off List Cust Svcs 9/1/2020‐sent 30 day letter2009‐05 9/1/20209/16/20209/1/2020 Isaac Stallworth E Vacant Homes List CITC does not keep a vacant property list2009‐06 9/1/20209/16/20209/1/2020 Isaac Stallworth E Substandard Properties CI2009‐07 9/1/20209/16/20209/4/2020 Jan Duron O Fire Damaged Properties FD2009‐08 9/2/20209/17/20209/4/2020 Veronica Flores O Fire Damaged Properties FD2009‐09 9/2/20209/17/2020Veronica Flores O Water Shut Off List Cust Svcs 9/2/2020 sent 30 day letter2009‐10 9/2/20209/17/2020Sammy Rangwala O Water Shut Off List Cust Svcs 9/2/2020 sent 30 day letter2009‐11 9/2/2020 9/17/2020 9/2/2020 Sammy Rangwala O Code Violation List CI2009‐12 9/2/2020 9/17/2020 9/4/2020 Sammy Rangwala O Fire Damaged Properties FD2009‐13 9/2/2020 9/17/2020 Jan Duron O Water Shut Off List Cust Svcs/CI9/2/2020 sent 30 day letter/$27x2 ‐ Docs rcvd from CI & sent to requestor 9/8. $54.00 2009‐14 9/2/2020 9/17/2020 9/3/2020 Suma Sureshchandra O Permit Information Cust Svcs2009‐15 9/2/2020 9/17/2020 9/2/2020 Leslie Rodriguez O DSC List MC
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2009‐16 9/2/2020 9/17/2020 9/3/2020 Elizabeth Stewardson O Incident Reports PD2009‐17 9/2/2020 9/17/2020 Mark Marsh Jr E Water Shut Off List Cust Svcs 9/2/2020 sent 30 day letter2009‐18 9/3/2020 9/18/2020 Kristen Beckman O PC Affidavit PD9/4/20 ‐ Submitted by PD to City Attorney for AGs opinion.2009‐19 9/3/2020 9/18/2020 9/4/2020 Sean Farley O Permit Information Cust Svcs2009‐20 9/3/2020 9/18/2020 9/3/2020Kaylin Gravatt (Colin County Medical Examiners) E Ambulance Run Sheet FD Direct request through FD.2009‐21 9/3/2020 9/18/2020 9/4/2020 Paige Grass ‐ Comedy Driving Inc. O DSC List MC2009‐22 9/3/2020 9/18/2020 9/4/2020 Mark Coomes O GIS Data file ‐ Council Districts GIS2009‐23 9/3/2020 9/18/2020 9/4/2020 James Miers O Permit Information Cust Svcs2009‐24 9/4/2020 9/21/2020 9/4/2020 Elizabeth Oreck E Animals Ordinance CS2009‐25 9/4/2020 9/21/2020 9/11/2020Zasquia SuntayO Fire Damaged Properties FD2009‐26 9/4/2020 9/21/2020 9/8/2020 Davis/Robin HBW Inc. O Permit Information Cust Svcs2009‐27 9/4/2020 9/21/2020 9/8/2020 Glenn Winningham O DSC List MC2009‐28 9/8/2020 9/22/2020 9/8/2020 Veronica Medina O Permit Information Cust Svcs2009‐29 9/8/2020 9/22/2020 9/14/2020 Kurtis Briere O Permit Information & Code Info Cust Svcs/CI2009‐30 9/8/2020 9/22/2020 9/14/2020 Kurtis Briere O Permit Information & Code Info Cust Svcs/CI2009‐31 9/8/2020 9/22/2020 9/14/2020 Kurtis Briere O Permit Information & Code Info Cust Svcs/CI
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2009‐32 9/8/2020 9/22/2020 9/10/2020 Braden Mineer O Permit Information Cust Svcs2009‐33 9/9/2020 9/23/2020 9/9/2020 Matt Berry O Code Violation List CI2009‐34 9/9/2020 9/23/2020 9/14/2020 Dennis Jena O Ambulance Run SheetFD2009‐35 9/9/2020 9/23/2020 Santos Garcia O Water Shut Off List Cust Svcs 9/9/2020 sent 30 day letter2009‐36 9/10/2020 9/24/2020 9/10/2020 Chris Parrott O Permit Information Cust Svcs2009‐37 9/10/2020 9/24/20209/11/2020Gracie Dela Cruz O Fire Damaged Properties FD2009‐38 9/10/2020 9/24/20209/14/2020Ra Mona Davis O Food Safety Inspections. CI2009‐39 9/10/2020 9/24/20209/17/2020Eric Chung (SmartProcure) E Purchasing Records Finance2009‐40 9/10/2020 9/24/20209/11/2020Robert Canetta O Pemit Information Cust Svcs2009‐419/14/2020 9/28/2020 9/16/2020Marilee Wells O Police Records PD2009‐429/14/2020 9/28/2020Taiza Ejem O Water Shut Off List Cust Svcs 9/14/2020 sent 30 day letter2009‐439/14/2020 9/28/2020 9/14/2020Leah Krause O Fire Records FD2009‐449/14/2020 9/28/2020 9/14/2020Sandra Nesbitt O Fire Damaged Properties FD2009‐459/14/2020 9/28/2020 9/14/2020Debbie Chinderle O Blue prints Cust Svcs2009‐469/14/2020 9/28/2020 9/16/2020Ben Hunsucker O Probable Cause Affidavit PD2009‐479/14/2020 9/28/2020 9/14/2020Josh Tyler E DSC List MC
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2009‐489/14/2020 9/28/2020 9/15/2020Lydia Taylor O Code Violation List CI2009‐499/14/2020 9/28/2020 9/14/2020Leticia Anaya P Utility Bill Information Cust Svcs2009‐509/14/2020 9/28/2020 9/17/2020Lydia Taylor O Fire Damaged Properties FD2009‐519/15/2020 9/29/2020 9/15/2020Braden Mineer O Permit Information Cust Svcs2009‐529/17/2020 10/1/2020 9/17/2020Jan Duron O Fire Damaged Properties FD2009‐539/17/2020 10/1/2020 9/17/2020Barbara Crocker O Incident Reports FD2009‐549/17/2020 10/1/2020 9/18/2020Janine Rugas (BuildZoom) O Permit Information Cust Svcs2009‐559/17/2020 10/1/2020Tim Menchu O Police Records PD2009‐569/21/2020 10/5/2020 9/21/2020Jay Cardenas O Certificates of Occupancy Cust Svcs2009‐579/21/2020 10/5/2020 9/21/2020Justin Peach (Colin County Medical Examiners) E Ambulance Run Sheet FD Direct request through FD.2009‐589/21/2020 10/5/2020 9/22/2020Chris Stevenson E Fire Report FD Direct request through FD.2009‐599/22/2020 10/6/2020 9/23/2020Braden Mineer O Permit Information Cust Svcs2009‐609/22/2020 10/6/2020 9/22/2020William S. Dahlstrom E P&Z Meeting Citizen Input Planning2009‐619/22/2020 10/6/2020 9/23/2020Tre Thomas O Plans Cust Svcs/Bldg Ins2009‐629/23/2020 10/7/2020Faith Evans O Fire Damaged Properties FD2009‐639/23/2020 10/7/2020 9/23/2020Faith Evans O Code Violation List CI
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2009‐649/23/2020 10/7/2020 9/23/2020Faith Evans O Substandard Properties CI2009‐659/23/2020 10/7/2020Faith Evans O Water Shut Off List Cust Svcs 9/23/2020 Sent 30 day Letter2009‐669/23/2020 10/7/2020 9/23/2020Faith Evans O Vacant Homes List CITC does not keep a vacant property list2009‐679/24/2020 10/8/2020 9/24/2020Zachary Forschen (Highland Village PD) E Background Information PD2009‐689/24/2020 10/8/2020 9/25/2020Ryan Autery O Certificates of Occupancy Cust Svcs2009‐699/28/2020 10/12/2020 9/28/2020Reyna SanMartin O Building Permit Information Building Insp.2009‐709/28/2020 10/12/2020Sandra Nesbitt O Fire Damaged Properties FD2009‐719/28/2020 10/12/2020Ellie McLachlan O Criminal History Records PD/MCMC does not have records onfile ‐ met retention.2009‐729/29/2020 10/13/2020Construction Monitor O Permit Information Cust Svcs2009‐73 9/29/202010/13/2020Isaac Stallworth E Code Violation List CI2009‐74 9/29/202010/13/2020Isaac Stallworth E Substandard Properties CI2009‐75 9/30/202010/14/2020Abbi Crowe O Animal Services Statistics Animal Svcs2009‐76 9/30/202010/14/2020Adam Halford O Water Shut Off List Cust Svcs 9/30/2020‐sent 30 day letter2009‐77 9/30/202010/14/2020Jamie Christensen O Welfare Investigation Cust Svcs/CIKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days
25
Agenda Item No:3.4
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
26
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for September 15, 2020. (Stewart)
Suggested Action:
Attachments:
September 15, 2020 DRAFT Minutes.docx
27
1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
SEPTEMBER 15, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 15
th day of September 2020, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:30 p.m.
1.2 Invocation
Pastor Mike Bishop with Lakeway Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Proclamation recognizing September 17 through September 23, 2020 as
"Constitution Week".
Mayor proclaimed the week of September 17 - September 23, 2020 as "Constitution
Week".
1.6 Proclamation recognizing September 16, 2020 as “The American Legion Day” in
The Colony.
Mayor proclaimed September 16, 2020 as "The American Legion Day" in The
Colony.
1.7.Items of Community Interest
Councilmember Marks announced the passing of former Planning & Zoning
Commissioner Bill Harrison. He stated Mr. Harrison was a great citizen of The
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City Council – Regular Meeting Agenda
September 15, 2020
Page| 2
Colony. He volunteered as Santa Claus during holiday events. He abetted a huge
part of the foundation on what The Colony is today. He always looked for ways to
give back to the community. Mayor McCourry acknowledged Bill Harrison was a
veteran and a distinguished solider who served his county well.
Mayor announced there are six weeks remaining before the General Election to
elect council members to Place 3, Place 4 and Place 5. City Council member for
Place 6 was unopposed and declared elected to office for the November 3, 2020
General Election. Mayor encouraged citizens to get out and vote on Election Day.
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
Councilmember Schrag requested a future agenda item regarding a presentation
on the traffic at Main Street and Ridgepointe Drive.
Councilmember Boyer announced that the next City Council meeting would be held
on Wednesday, October 7, 2020 instead of Tuesday due to National Night Out. He
requested a future agenda item regarding the status of city facilities and restrictions
in The Colony.
4.0 CONSENT AGENDA
Motion to approveall items from the Consent Agenda-Mikulec; second by Wade, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for September
15, 2020.
4.2 Consider approving a resolution authorizing the Mayor to execute a Negotiated
Settlement Agreement between the Atmos Cities Steering Committee and Atmos
Energy Corporation regarding the company's 2020 RRM filing.
RESOLUTION NO. 2020-045
4.3 Consider approving a resolution authorizing the City Manager to execute a
purchase order in the amount of $62,157.00 to Cummins Southern Plains, LLC for
a 50/60Hz-70kW generator to be shared by the Parks & Recreation and Wastewater
Departments.
RESOLUTION NO. 2020-046
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City Council – Regular Meeting Agenda
September 15, 2020
Page| 3
4.4 Consider approving a resolution authorizing the City Manager to execute an
agreement with Carollo Engineers, Inc., in the amount of $78,115.00 for the
purpose of providing engineering services for a water system study to evaluate and
recommend ways to mitigate the cause of taste and odor complaints.
RESOLUTION NO. 2020-047
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution amending the Fiscal Year 2019-2020
Master Fee Schedule for the Fiscal Year 2020-2021, effective October 1, 2020.
Assistant City Manager of Administration, Tim Miller, presented the proposed
resolution to Council. Mr. Miller discussed the Fiscal Year 2020-2021 Master Fee
Schedule.
Motion to postpone- Mikulec; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2020-048
5.2 Discuss and consider approving an ordinance adopting the City of The Colony
Fiscal Year Budget beginning October 1, 2020 through September 30, 2021;
providing for intra and inter departmental fund transfers; providing for the
investment of certain funds; providing that expenditures for said fiscal year to be
made in accordance with said budget.
Assistant City Manager, Tim Miller, presented the proposed ordinance to
Council. He stated two changes weremade to the budget since the last presentation
that outlines the Water Quality Study for $80,000 and $20,000 for Capital Projects
regarding streetlights.
Council provided discussion on this item.
Motion to approve- Terre; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2020-2405
5.3 Discuss and consider approving an ordinance adopting the City of The Colony tax
rate of $.655 per $100 valuation on January 1, 2020; tax rate is comprised of $.495
Maintenance & Operations and $.16 General Fund Debt Service.
Assistant City Manager, Tim Miller, presented the proposed ordinance to
Council. Mr. Miller discussed the tax rate with Council. The current tax rate is
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City Council – Regular Meeting Agenda
September 15, 2020
Page| 4
lower than the effective tax rate set forth by the state. There has been no reduction
in services while growth has occurred during this time.
Motion to approve- Wade; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2020-2406
5.4 Discuss and consider approving an ordinance levying the Public Improvement
District Annual Assessment on properties located within the City of The Colony
Public Improvement District No. 1 for Fiscal Year 2020-2021 and approving an
Assessment Roll.
Executive Business Liaison, Jeremie Maurina, presented the proposed ordinance to
Council. Mr. Maurina briefed Council on the assessment plan for the Public
Improvement District (PID) No. 1, and gave an overview of the 2020-2021 cost
breakdowns.
Motion to approve- Marks; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2020-2407
Executive Session was convened at 6:58 p.m.
6.0 EXECUTIVE SESSION
A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
regarding pending or contemplated litigation - Appeal of Brazos Electric Power
Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos
Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16, and related
agreement with Lonzar Delaware, Inc., a Delaware corporation.
B. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 8:04 p.m.
7.0 EXECUTIVE SESSION ACTION
A. Any action as a result of executive session regarding pending or contemplated
litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No.
45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc.
matter, Cause No. 16-06424-16.
No Action
31
City Council – Regular Meeting Agenda
September 15, 2020
Page| 5
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
Motion to move forward with the extension of the contract terms as discussed in executive
session- Wade; second by Boyer, motion carried with all ayes.
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:07 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
32
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of August 2020. (Council)
Suggested Action:
Attachments:
Council August Expenditures.pdf
33
34
35
36
37
38
39
40
41
42
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the Mayor to execute a Joint Election Agreement and Contract with
Denton County Elections Administrator for election services for the November 3, 2020 City Council Election.
(Council)
Suggested Action:
PENDING CONTRACT WITH POLLING SITES
Attachments:
Notice of General Election - The Colony.pdf
Denton County Joint Election DRAFT Contract.pdf
Res. 2020-xxx Denton County Joint Election Agreement.doc
43
NOTICE OF GENERAL ELECTION
(AVISO DE ELECCION GENERAL)
To the Registered Voters of The Colony, Texas: (A los votantes registrados de The
Colony:)
Notice is hereby given that the polling places listed below will be open from 7:00
a.m. to 7:00 p.m. on November 3, 2020, for voting in a General Election, to elect
three (3) Council Members: Place 3, Place 4 and Place 5.
(Aviso por la presente que los centros electorales listados abajo estarán abiertos de 7:00
de la mañana a 7:00 de la tarde en el 3 Noviembre, 2020, para votar en la elección
general, para elegir tres (3) Miembros de Concilio: El lugar 3, el Lugar 4 y el Lugar 5.
EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS
(DÍAS Y HORAS DE VOTACIÓN TEMPRANA POR APARIENCIA PERSONAL)
October (Octubre) 13 - 17 Monday - Saturday (Lunes – Sábado) 7:00 a.m. – 7:00 p.m.
October (Octubre) 18 Sunday (Domingo) 11:00 a.m. – 4:00 p.m.
October (Octubre) 19 - 24 Monday - Saturday (Lunes – Sábado 7:00 a.m. – 7:00 p.m.
October (Octubre) 25 Sunday (Domingo) 11:00 a.m. – 4:00 p.m.
October (Octubre) 26 - 30 Monday - Friday (Lunes - Viernes) 7:00 a.m. – 7:00 p.m.
LOCATIONS OF ELECTION DAY POLLING PLACES: (UBICACIONES DE
CENTROS ELECTORALES)
County Precinct Number
(Número De Precinto del Condado)
2018 Lewisville Fire Station #8 3300 Lakewood Hills Dr.
2019 Prestonwood Baptist Church 6801 W. Park Blvd.
2020 Prestonwood Baptist Church 6801 W. Park Blvd.
2021 Cascades Conference Center at Fairfield Marriott 5909 Stone Creek Dr.
2022 First Baptist Church – The Colony 4800 S. Colony Blvd.
2023 Morningside Elementary School 6350 Paige Rd.
2024 Owen Elementary School 5640 Squires Dr.
2025 The Colony Annex Building 6804 Main St.
2026 Ethridge Elementary School 6001 Ethridge Dr.
2027 Prestwick STEM Academy 3101 Stonefield
Early Voting by personal appearance will be conducted as follows:
(Votación temprana por apariencia personal se llevará a cabo de la siguiente manera:)
Argyle Town Hall Frisco Government Center
308 Denton Street E, Argyle 5533 FM 423, Frisco
Lantana Community Center Hickory Creek Town Hall
1301 Haverford Lane, Argyle 1075 Ronald Reagan Avenue, Hickory Creek
Aubrey Area Library Highland Village Municipal Complex
226 Countryside Drive, Aubrey 1000 Highland Village Road, Highland Village
Carrollton Public Library Justin Municipal Complex
4220 N. Josey Lane, Carrollton 415 N. College Avenue, Justin
Marie Huie Special Education Center Northwest ISD Administration Building
2115 E. Franford Road, Carrollton 2001 Texan Drive, Justin
44
Rosemeade Recreation Center Krum ISD Administration Building
1330 E. Rosemeade Parkway, Carrollton 1200 Bobcat Boulevard, Krum
Corinth City Hall Lake Dallas City Hall
3300 Corinth Parkway, Corinth 212 Main Street, Lake Dallas
Steven E. Copeland Government Center Castle Hills Community Center
1400 FM 424, Cross Roads 2501 Queen Margaret Drive, Lewisville
Timberglen Recreation Center Frederick P. Herring Recreation Center
3810 Timberglen Road, Dallas 191 Civic Drive, Lewisville
Denton Civic Center Hedrick House
321 E. McKinney Street, Denton 1407 Creekview Drive, Lewisville
Denton County Elections Administration Macedonia Ministries
701 Kimberly Drive, Denton 702 S. Mill Street, Lewisville
Embassy Suites – Denton Convention Center Music City Mall
3100 Town Center Trail, Denton 2401 S. Stemmons Freeway, Lewisville
North Branch Library Little Elm Community Center
3020 N. Locust Street, Denton 107 Hardwicke Lane, Little Elm
Robson Ranch Clubhouse Northlake Town Hall
9428 Ed Robson Circle, Denton 1500 Commons Circle, Ste. 300, Northlake
South Branch Library Pilot Point Senior Center
3228 Teasley Lane, Denton 310 S. Washington Street, Pilot Point
University of North Texas – Gateway Center Ponder Town Hall
801 North Texas Boulevard, Denton 102 W. Bailey Street, Ponder
Denton County Southwest Courthouse Roanoke Public Library
6200 Canyon Falls Drive, Flower Mound 308 S. Walnut Street, Roanoke
Flower Mound Community Activity Center Sanger Community Center
1200 Gerault Road, Flower Mound 101 Freese Drive, Sanger
Flower Mound Senior Center Shady Shores Community Center
2701 W. Windsor Drive, Flower Mound 101 S. Shady Shores Road, Shady Shores
Flower Mound Town Hall Cascades Conference Center at Fairfield Marriott
2121 Cross Timers Road, Flower Mound 5909 Stone Creek Drive, The Colony
Frisco Fire Station #4 Golf Clubs at The Tribute
4484 Cotton Gin Road, Frisco 1001 Lebanon Road, The Colony
Frisco Fire Station #6 The Colony Annex Building
3535 Eldorado Parkway, Frisco 6804 Main Street, The Colony
Frisco Fire Station #7 Trophy Club MUD No. 1 Building
330 W. Stonebrook Parkway, Frisco 100 Municipal Drive, Trophy Club
Applications for ballot by mail shall be mailed to:
(Las aplicaciones para la votación por correo serán enviadas a:)
Frank Phillips
Denton County Elections
701 Kimberly Dr.
Denton, Texas 76208
940 349-3200
45
Applications for ballots by mail must be received no later than the close of
business on October 23, 2020.
(Las aplicaciones para votaciones por correo deben ser recibidas no más tarde
del fin del día laboral el 23 de Octubre de 2020.)
ISSUED this the 7th day of October, 2020 (PUBLICADO el día 7 de 2020
Octubre)
_____________________________
Joe McCourry, Mayor
(Alcalde)
46
THE STATE OF TEXAS COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
This CONTRACT for election services is made by and between the Denton County Elections
Administrator and the following political subdivisions, herein referred to as “participating
authority or participating authorities” located entirely or partially inside the boundaries of
Denton County:
Participating Authorities:
[entities]
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas
Education Code Section 11.0581 for a joint [election-date] election to be administered by Frank
Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections
Administrator.”
RECITALS
Each participating authority listed above plans to hold a General or Special Election on [election-
date]. Denton County plans to hold county-wide voting for this General Election.
The County owns the Hart InterCivic Verity Voting System, which has been duly approved by
the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas
Election Code Section 61.012. The contracting political subdivisions (participating authorities)
desire to use the Count y’s voting system and to compensate the County for such use and to share
in certain other expenses connected with joint elections, in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all
parties, IT IS AGREED as follows:
I. ADMINISTRATION
The participating authorities agree to hold a “Joint Election” with Denton County and each other
in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections
Administrator shall coordinate, supervise, and handle all aspects of administering the Joint
Election as provided in this agreement. Each participating authority agrees to pay the Elections
Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The Elections Administrator shall serve as the administrator for the Joint Election;
however, each participating authority shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of each participating authority as necessary.
47
It is understood that other political subdivisions may wish to participate in the use of the
County’s Verity voting system and polling places, and it is agreed that the Elections
Administrator may enter into other election agreements and contracts for election services for
those purposes, on terms and conditions generally similar to those set forth in this contract. In
such cases, costs shall be pro-rated among the participants according to Section XI of this
contract.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or the participating authority’s governing body, charter, or
ordinances, except that the Elections Administrator shall be responsible for the preparation and
publication of all voting equipment testing notices that are required by the Texas Election Code.
Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of each participating authority, including translation to languages other than
English. Each participating authority shall provide a copy of their respective election orders and
notices to the Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Early
Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual
voting location for each election precinct in elections conducted by each participating authority,
and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). All Early Voting and Election Day
voting locations shall be within the boundaries of Denton County. The proposed voting locations
are listed in Exhibit A of this agreement. In the event a voting location is not available or
appropriate, the Elections Administrator will arrange for use of an alternate location. The
Elections Administrator shall notify the participating authorities of any changes from the
locations listed in Exhibit A.
If polling place(s) for the [election-date] joint election are different from the polling place(s)
used by a participating authority in its most recent election, the authority agrees to post a notice
no later than November 2, 2020 at the entrance to any previous polling places in the jurisdiction
stating that the polling location has changed and stating the political subdivision’s polling place
names, addresses, and room or suite number, if applicable, in effect for the [election-date]
election. This notice shall be written in both the English and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
48
Denton County shall be responsible for the appointment of the presiding judge and alternate
judge for each polling location. The Elections Administrator shall make emergency
appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in
recruiting polling place officials who are bilingual (fluent in both English and Spanish). In
compliance with the Federal Voting Rights Act of 1965, as amended, each polling place
containing more than 5% Hispanic population as determined by the 2010 Census shall have one
or more election officials who are fluent in both the English and Spanish languages. If a
presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections
Administrator may recommend a bilingual worker for the polling place. If the Elections
Administrator is unable to recommend or recruit a bilingual worker, the participating authority or
authorities served by that polling place shall be responsible for recruiting a bilingual worker for
translation services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of
Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election
judges and clerks. The Election judges and clerks who attend in-person voting equipment
training and/or procedures training, shall be compensated at the rate of $10 an hour. Election
judges and clerks that elect to complete online training shall be compensated as a rate of a flat
$30. In the event that as election judge or clerk completes both in-person and online training,
they shall be compensated for the training resulting in the highest pay and will not be
compensated for both trainings.
The Elections Administrator shall arrange for the date, time, and place for presiding election
judges to pick up their election supplies. Each presiding election judge will be sent a letter from
the Elections Administrator notifying them of their appointment, the dates/times and locations of
training and distribution of election supplies, and the number of election clerks that the presiding
judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton
County pursuant to Texas Election Code Section 32.091. The election judge, or their designee,
will receive an additional sum of $25.00 for picking up the election supplies and equipment prior
to Election Day and for returning the supplies and equipment to the central counting station after
the polls close. Likewise, the Lead Clerk in Early Voting, or their designee, will receive an
additional sum of $25.00 for picking up the election supplies prior to the first day of Early
Voting and for returning the supplies and equipment to the Elections Department after Early
Voting has ended.
The compensation rates established by Denton County are:
Early Voting – Lead Clerk ($12/ hour), Clerk ($10/ hour)
49
Election Day – Presiding Judge ($12/hour), Alternate Judge ($11/ hour), Clerk ($10/ hour)
The Elections Administrator may employ other personnel necessary for the proper administration
of the election, as well as, pre and post election administration. In such cases, costs shall be pro-
rated among participants of this contract. Part-time help is included as is necessary to prepare
for the election, to ensure the timely delivery of supplies during Early Voting and on Election
Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel
working in support of the Earl y Voting Ballot Board and/or central counting station on election
night will be compensated at the hourly rate set by Denton County in accordance with Election
Code Sections 87.005, 127.004, and 127.006.
If elections staff is required outside of the hours of the office’s normal scope of business, the
entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator
will determine when those hours are necessary, the number of staff and whom are necessary,
along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5
times the staff's hourly rate (See Sections XV #10). The Election Administrator has the right to
waive these costs as they see fit.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to, the County’s Verity voting s ystem and equipment, official ballots,
sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the
election judges at the voting locations. The Elections Administrator shall ensure availability of
tables and chairs at each polling place and shall procure rented tables and chairs for those polling
places that do not have tables and/or chairs. Any additional required materials (required by the
Texas Election Code) must be provided by the participating authorities, and delivered to the
Elections Office thirty-three (33) calendar days (October 1, 2020) prior to Election Day. If this
deadline is not met, the material must be delivered by the participating authorities, to all Early
Voting and Election Day locations affected, prior to voting commencing. The Elections
Administrator shall be responsible for conducting all required testing of the voting equipment, as
required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the
extent possible. The participating authorities shall share a mutual ballot in those precincts where
jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places
where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter
registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority’s ballot is to be printed). Said list must be provided to the Elections
Office within three (3) business days following the last day to file for a place on the ballot or
after the election is ordered, whichever is later. Said list must be in a Word document, the
50
information must be in an upper and lower
case format, be in Arial 12 point font, and contain candidate contact information for the
purposes of verifying the pronunciation of each of the candidates’ names. Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to
that authority’s candidates and/or propositions. Each participating authority shall be responsible
for proofing and approving the audio recording of the ballot insofar as it pertains to that
authority’s candidates and/or propositions. The approvals must be finalized with the Elections
Office within five (5) calendar days of receipt of the proofs, or the provided proofs shall be
considered approved.
The joint election ballots shall list the County’s election first. The joint election ballots that
contain ballot content for more than one joint participant because of overlapping territory shall
be arranged with the appropriate school district ballot content appearing on the ballot following
the County’s election, followed by the appropriate city ballot content, and followed by the
appropriate water district or special district ballot content.
Early Voting by personal appearance and on Election Day shall be conducted exclusively on
Denton County’s Verit y voting system including provisional ballots.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the
voting equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant
employees upon hiring as required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election
Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the
Texas Election Code. Each participating authority agrees to appoint the Elections
Administrator’s permanent county employees as deputy early voting clerks. The participating
authorities further agree that the Elections Administrator may appoint other deputy early voting
clerks to assist in the conduct of early voting as necessary, and that these additional deputy early
voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section
83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of
the Denton County Elections Administrator or any participating authorities shall serve in that
capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed within
Exhibit A of this document. Any qualified voter of the Joint Election may vote early by personal
appearance at any one of the joint early voting locations. All requests for Temporary Early
Voting Locations will be considered, and determined based on the availability of sites and if it is
within the Election Code parameters. All costs for temporary sites including coverage by
Election Administration staff will be borne by the requesting authority. The Elections
Administrator will determine when those hours are necessary, the number of staff and whom are
necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a
51
rate of 1.5 times the staff’s hourly rate (See Sections XV #10). The Election Administrator has
the right to waive these costs as they see fit.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting
ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code.
Any requests for early voting ballots to be voted by mail received by the participating authorities
shall be forwarded immediately by fax or courier to the Elections Administrator for
processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Email: elections@dentoncounty.com
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots
that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting
Clerk at the Denton County Elections Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, TX 76208
Email: elections@dentoncounty.com
The Elections Administrator shall post on the county website, the participating authority’s Early
Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the
daily roster showing the previous day’s early voting activity will be posted no later than 11:00
AM each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to
process early voting results from the Joint Election. The Presiding Judge, with the assistance of
the Elections Administrator, shall appoint two or more additional members to constitute the
EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central
counting station to receive and tabulate the voted ballots in accordance with the provisions of the
Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005
of the Texas Election Code, appoint the following central counting station officials:
52
Counting Station Manager: Brandy Grimes, Deputy Elections Administrator
Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator
Presiding Judge: Early Voting Ballot Board Judge
Alternate Judge: Early Voting Ballot Board Alternate Judge
The counting station manager or their representative shall deliver timely cumulative reports of
the election results as precincts report to the central counting station and are tabulated by posting
on the Election Administrator's Election Night Results website. The manager shall be responsible
for releasing unofficial cumulative totals and precinct returns from the election to the joint
participants, candidates, press, and general public by distribution of hard copies at the central
counting station (if requested) and by posting to the Election Administrator's Election Night
Results website. To ensure the accuracy of reported election returns, results printed on the tapes
produced by Denton County’s voting equipment will not be released to the participating
authorities at the remote collection sites or by phone from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have
been counted, and will deliver a copy of the unofficial canvass to each participating authority as
soon as possible after all returns have been tabulated. The Elections Administrator will include
the tabulation and precinct returns that are required by Texas Election Code Section 67.004 for
the participating authorities to conduct their respective canvasses. Each participating authority
shall be responsible for the official canvass of its respective election(s), and shall notify the
Elections Administrator, or their designee, of the date of the canvass, no later than three days
after Election Day.
The Elections Administrator shall be responsible for conducting the post-election manual recount
required by Section 127.201 of the Texas Election Code unless a waiver is granted by the
Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to
each participating authority for uploading, by each participating authority, to the Secretary of
State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON
COUNTY
Each participating authority with territory containing population outside of Denton County
agrees that the Elections Administrator shall administer only the Denton County portion of those
elections.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement
through its runoff election, if applicable. In the event of such runoff election, the terms of this
agreement shall automatically extend unless the participating authority notifies the Elections
Administrator in writing within three (3) business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations
and/or Election Day voting locations in a runoff election.
53
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing
the votes from the [election-date] election and to conduct its drawing for ballot positions at or
immediately following such meeting in order to expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff
election, if necessary, shall be Tuesday, December 8, 2020, with early voting being held in
accordance with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint
Election. Allocation of the costs, unless specifically stated otherwise, is mutually agreed to be
shared according to a formula, which is based on the number of registered voters within the
district per Elections Day polling place. Costs for polling places shared by more than one
participating authority shall be pro-rated among the participants utilizing that polling place.
It is agreed that the charges for Election Day judges and clerks and Election Day polling place
rental fees shall be directly charged to the appropriate participating authority rather than
averaging those costs among all participants.
If a participating authority’s election is conducted at more than one Election Day polling place,
there shall be no charges or fees allocated to the participating authority for the cost of the
Election Day polling place in which the authority has fewer than 50% of the total registered
voters served by that polling place, except that if the number of registered voters in all of the
authority’s polling places is less than the 50% threshold, the participating authority shall pay a
pro-rata share of the cost associated with the polling place where it has the greatest number of
registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs
associated with each early voting site. Each participating authority shall be responsible for an
equal portion of the actual costs associated with the earl y voting sites located within their
jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site
within their jurisdiction shall pay an equal portion of the nearest regular early voting site.
Costs for Early Voting by mail shall be allocated according to the actual number of ballots
mailed to each participating authority’s voters.
Cost for all in-person and provisional ballots and Poll Pad paper shall be allocated according to
the actual number of ballots issued to each participating authority’s voter.
Each participating authority agrees to pay the Elections Administrator an administrative fee
equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the
Texas Election Code.
54
The Denton County Elections Administrator shall deposit all funds payable under this contract
into the appropriate fund(s) within the county treasury in accordance with Election Code Section
31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in
agreement with an individual jurisdiction if the above formula results in a cost allocation that is
inequitable.
If any participating authority makes a special request for extra Temporary Branch Early Voting
by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to
pay the entire cost for that request.
Participating authorities having the majority of their voters in another county and/or fewer than
500 registered voters in Denton County, and that do not have an Election Day polling place or
early voting site within their Denton County territory shall pay a flat fee of $400 for election
expenses.
Election expenses, including but not limited to, overtime charges for Election Office staff, and
any unforeseen expenses needed to conduct the election, will be borne by the participating
authority or authorities, affected.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF
ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it
cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The
withdrawing authority is fully liable for any expenses incurred by the Denton County Elections
Administrator on behalf of the authorit y plus an administrative fee of ten percent (10%) of such
expenses. Any monies deposited with the Elections Administrator by the withdrawing authority
shall be refunded, minus the aforementioned expenses and administrative fees, if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of
one or more of the remaining participating authorities, with the exception of the early voting site
located at the Denton County Elections Building, may be dropped from the joint election unless
one or more of the remaining participating authorities agreed to fully fund such site(s). In the
event that any early voting site is eliminated under this section, as addendum to the contract shall
be provided to the remaining participants within five days after notification of all intents to
withdraw have been received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all
records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority, as well as, to the
public in accordance with applicable provisions of the Texas Election Code and the Texas Public
55
Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of count y records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of
Section 66.058 of the Texas Election Code. If records of the election are involved in any pending
election contest, investigation, litigation, or open records request, the Elections Administrator
shall maintain the records until final resolution or until final judgment, whichever is applicable.
It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records
request which may be filed with the appropriate participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this
document, the presiding officer of the contracting participating authorities agree that any recount
shall take place at the offices of the Elections Administrator, and that the Elections Administrator
shall serve as Recount Supervisor, and the participating authority’s official or employee who
performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority
as necessary to conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political
subdivisions may wish to participate in the use of the County’s election equipment and
voting places, and it is agreed that the Elections Administrator may contract with such
other districts or political subdivisions for such purposes and that in such event there may
be an adjustment of the pro-rata share to be paid to the County by the participating
authorities.
2. The Elections Administrator shall file copies of this document with the Denton County
Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas
Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against
any other party and/or other election personnel for a breach of this contract or a violation
of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Denton
County, Texas.
56
5. In the event that one of more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate
as or be construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by
all parties hereto.
9. Failure for a participating authority to meet the deadlines as outline in this contract may
result in additional charges, including but not limited to, overtime charges, etc.
10. Elections Staffing Hourly Rate (includes all benefit pay):
Absentee Voting Coordinator $40.028
Voter Registration Clerk $30.072 - $33.303
Technology Resources Coordinator $43.283
Elections Technician $30.525 - $34.768
Voter Registration Coordinator $37.508
Training Coordinator $41.905
Election Coordinator $34.768
11. Nonperformance of either part y shall be excused, and the nonperforming party shall have
no liability to the other party, to the extent that performance is rendered impossible by
any act of God, storm, fire, flood, casualty, unanticipated work stoppage, strike, lock out
labor dispute, civic disturbance, riot, war, national emergency, governmental acts or
orders or other restrictions, act of public enemy, failure of suppliers, or any other reason
where failure to perform is beyond the reasonable control of and is not caused by the
negligence of the performing party. If a party is prevented from performing its
obligations by an event of force majeure, then either party may terminate this agreement
by written notice to the other part y.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authorit y under the terms of this agreement
is listed below. The exact amount of each participating authority’s obligation under the terms of
this agreement shall be calculated after the [election-date] election (or runoff election, if
57
applicable). The participating authority’s obligation shall be paid to Denton County within 30
days after the receipt of the final invoice from the Denton County Elections Administrator.
The total estimated obligation for each participating authority under the terms of this agreement
shall be provided as soon as practicable.
The total estimated obligation for each participating authorit y under the terms of this agreement
shall be as follows:
[costs]
[pagebreak]
THIS PAGE INTENTIONALLY BLANK.
58
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE A JOINT
ELECTION AGREEMENT AND CONTRACT FOR ELECTION
SERVICES BY AND BETWEEN THE CITY OF THE COLONY
AND DENTON COUNTY ELECTIONS FOR THE NOVEMBER 3,
2020 GENERAL ELECTION; ATTACHING THE APPROVED
FORM OF CONTRACT AS EXHIBIT A; AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
approves the JOINT ELECTION AGREEMENT AND CONTRACT FOR
ELECTION SERVICES by and between the CITY OF THE COLONY and DENTON
COUNTY ELECTIONS for the NOVEMBER 3, 2020 GENERAL ELECTION.
Section 2.That a true and correct copy of the Agreement is attached hereto
and incorporated herein, as Exhibit A.
Section 3.That the Mayor is authorized to execute the Agreement on behalf
of the City.
Section 4.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 7
th day of October 2020.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
_______________________________
Jeff Moore, City Attorney
59
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Megan Charters
Submitting Department: Library
Item Type: Discussion
Agenda Section:
Subject:
Consider approving a resolution authorizing the Mayor to execute an Interlocal Agreement with Denton County
for Library Services. (Charters)
Suggested Action:
Attachments:
2020-2021 ICA Library Services - The Colony.pdf
FY2021 EXHIBIT A.pdf
Res. 2020-xxx Library Services Interlocal Agreement with Denton County.doc
60
2020-2021 ICA-Library Agreement – The Colony Public Library Page 1 of 6
THE STATE OF TEXAS §
§ THE COLONY PUBLIC LIBRARY
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into by and between Denton County, a
political subdivision of the State of Texas, hereinafter referred to as ("the COUNTY"), and the
City of The Colony, Texas, a municipality of Denton County, Texas, hereinafter referred to as
("the MUNICIPALITY"), and has an effective date of October 1, 2020.
WHEREAS, the COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of county government and related services for the benefit of
the citizens of the COUNTY; and
WHEREAS, the MUNICIPALITY is a duly organized municipality in Denton County,
Texas, engaged in the provision of library and related services for the benefit of the citizens of
the MUNICIPALITY; and
WHEREAS, the COUNTY has requested, and the MUNICIPALITY has agreed to
provide library services for all residents of the COUNTY; and
WHEREAS, the COUNTY and the MUNICIPALITY mutually desire to be subject to
the provisions of Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act,
and Chapter 323 of the Texas Local Government Code, regarding County Libraries.
NOW, THEREFORE, the COUNTY and the MUNICIPALITY, for the mutual
consideration hereinafter stated, agree and understand as follows:
I.
The term of this Agreement shall be for the period from October 1, 2020, through
September 30, 2021.
II.
For the purposes and consideration herein stated and contemplated, the
MUNICIPALITY shall provide library services for the residents of the COUNTY without
regard to race, religion, color, age, disability or national origin. Upon proper proof of residence,
by an individual in the COUNTY, the individual shall be entitled issuance of a library card, at no
cost, to be used in connection with said library services.
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2020-2021 ICA-Library Agreement – The Colony Public Library Page 2 of 6
The MUNICIPALITY shall develop and maintain through the Library one or more of
the following programs of service:
1. Educational and reading incentive programs and materials for youth.
2. Functional literacy materials and/or tutoring programs for adults.
3. Job training/career development programs and/or materials for all ages.
4. Outreach services to eliminate barriers to library services.
5. Educational programs designed to enhance quality of life for adults.
III.
The COUNTY designates the County Judge to act on behalf of the COUNTY and serve
as liaison officer for the COUNTY with and between the COUNTY and the MUNICIPALITY.
The County Judge or his designated substitute shall insure the performance of all duties and
obligations of the COUNTY herein stated and shall devote sufficient time and attention to the
execution of said duties on behalf of the COUNTY in full compliance with the terms and
conditions of this Agreement. The Count y Judge shall provide immediate and direct supervision
of the COUNTY'S employees, agents, contractors, sub-contractors, or laborers, if any, in the
furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the
COUNTY and the MUNICIPALITY.
IV.
The MUNICIPALITY shall designate to act on behalf of the
MUNICIPALITY and to serve as liaison officer for the MUNICIPALITY with and between
the MUNICIPALITY and the COUNTY to insure the performance of all duties and obligations
of the MUNICIPALITY as herein stated and shall devote sufficient time and attention to the
execution of said duties on behalf of the MUNICIPALITY in full compliance with the terms
and conditions of this Agreement. ________________________ shall provide management of
the MUNICIPALITY'S employees, agents, contractors, sub-contractors, or laborers, if any, in
the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of
the MUNICIPALITY and the COUNTY.
The MUNICIPALITY shall provide the COUNTY with a copy of the annual report
submitted to the Texas State Library and shall respond to the COUNTY'S annual questionnaire
as documentation of the MUNICIPALITY’S expenditures and provision of service.
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2020-2021 ICA-Library Agreement – The Colony Public Library Page 3 of 6
V.
The MUNICIPALITY shall be solely responsible for all techniques, sequences,
procedures and coordination of all work performed under the terms and conditions of this
Agreement. The MUNICIPALITY shall insure, dedicate and devote the full time and attention
of those employees necessary for the proper execution and completion of the duties and
obligations of the MUNICIPALITY as stated in this Agreement and shall give all attention
required for proper supervision and direction of their employees.
VI.
The MUNICIPALITY agrees that its established library shall assume the functions of a
county library within Denton County, Texas, and to provide a librarian who meets the
requirements of the MUNICIPALITY’S job description.
VII.
The COUNTY and the MUNICIPALITY agree and acknowledge that each entity is not
an agent of the other entity and that each entity is responsible for its own acts, forbearance,
negligence and deeds and for those of its agents or employees. This Agreement does not and
shall not be construed to entitle either party or any of their respective employees, if applicable, to
any benefit, privilege or other amenities of employment applicable to the other party. The
MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants,
agents and representatives shall not represent themselves to be employees, servants, agents or
representatives of the COUNTY.
To the fullest extent permitted by law, the MUNICIPALITY agrees to hold harmless
and indemnify the COUNTY from and against any and all claims and for all liability arising
out of, resulting from or occurring in connection with the performance of the work hereunder,
including but not limited to, any negligent act or omission of the MUNICIPALITY, its
officers, agents or employees.
The COUNTY and the MUNICIPALITY acknowledge and agree that the COUNTY
does not waive any sovereign or governmental immunity available to the COUNTY under Texas
law and does not waive any available defenses under Texas law. Nothing in this paragraph shall
be construed to create or grant any rights, contractual or otherwise, in or to any third persons or
entities.
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2020-2021 ICA-Library Agreement – The Colony Public Library Page 4 of 6
VIII.
This Agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither the MUNICIPALITY nor the COUNTY waives any immunity or defense that
would otherwise be available to it against claims by third parties.
IX.
Any notice required by this Agreement shall be delivered, in writing, by either the
COUNTY or the MUNICIPALITY to the following addresses:
The address of the COUNTY is: Denton County Judge
110 West Hickory Street, 2nd Floor
Denton, Texas 76201
Telephone: 940-349-2820
The address of the MUNICIPALITY is: The Colony Public Library
c/o The City of The Colony, Texas
6800 Main Street
The Colony, Texas 75056
Attention: City Manger
Telephone: 972-624-3184
X.
For the full performance of the services above stated, the COUNTY agrees to pay the
MUNICIPALITY fees as described herein from current revenues available for such payment.
The COUNTY shall pay the MUNICIPALITY fees in the amount of THIRTY-FOUR
THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($34,300.00), based upon North
Central Texas Council of Governments service population allocation figures provided to the
COUNTY by the Library Advisory Board, payable in equal quarterly installments to the
MUNICIPALITY commencing on October 1, 2020. The Allocation chart setting forth said
figures is attached hereto and incorporated herein for all intents and purposes as Exhibit “A.” In
addition, the COUNTY agrees to pay the MUNICIPALITY an amount not to exceed TEN
THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the following
conditions:
1. The MUNICIPALITY shall attempt to secure funding from sources other than
the COUNTY.
2. Upon receipt of additional funding, the MUNICIPALITY shall provide proof of
the receipt of such funds to the Denton County Auditor on a quarterly basis.
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2020-2021 ICA-Library Agreement – The Colony Public Library Page 5 of 6
3. The COUNTY shall match the MUNICIPALITY'S additional funding in an
amount not to exceed $10,000.00.
4. Payment by the COUNTY to the MUNICIPALITY shall be made in accordance
with the normal and customary processes and business procedures of the
COUNTY and payment shall be satisfied from current revenues of the
COUNTY.
All funding by the COUNTY to the MUNICIPALITY is subject to the condition that
the MUNICIPALITY shall have in place technology protection measures (commonly referred
to as “filters”) with respect to any computers used by the public that have Internet access
which are designed to block access through such computers to visual depictions that are (1)
obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography.
The technology protection measures shall be in compliance with the Children’s Internet
Protection Act.
The MUNICIPALITY hereby certifies that its libraries have either installed and are
using the required technology protection measures during use of its computers that have
Internet access by the public at the present time or will have such protection measures in place
and operational by October 1, 2020.
XI.
This Agreement may be terminated, at any time, by either party by giving sixty (60) days
advance written notice to the other party. In the event of such termination by either party, the
MUNICIPALITY shall be compensated pro rata for all services performed to the termination
date, together with reimbursable expenses then due and as authorized by this Agreement. In the
event of such termination, should the MUNICIPALITY be overcompensated on a pro rata basis
for all services performed to the termination date or be overcompensated for reimbursable
expenses as authorized by this Agreement, the COUNTY shall be reimbursed pro rata for all
such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any
claim that may otherwise arise out of this Agreement.
XII.
This Agreement represents the entire integrated Agreement between the
MUNICIPALITY and the COUNTY and supersedes all prior negotiations, representations
and/or Agreements, either oral or written. This Agreement may be amended only by written
instrument signed by both the MUNICIPALITY and the COUNTY.
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2020-2021 ICA-Library Agreement – The Colony Public Library Page 6 of 6
XIII.
The validity of this Agreement and any of its terms or provisions, as well as the rights
and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further,
this Agreement shall be performable and all compensation payable in Denton County, Texas.
XIV.
In the event any portion of this Agreement shall be found to be contrary to law it is the
intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the fullest extent possible.
XV.
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto and each party hereby certifies to the other that any necessary orders or resolutions
extending said authority have been duly passed and are now in full force and effect.
EXECUTED this __________ day of __________, 20____.
DENTON COUNTY, TEXAS The City of The Colony, Texas
By: ____________________________ By:
Andy Eads, County Judge Name:
Denton County, Texas Title:
ATTEST: ATTEST:
By: By:
Denton County Clerk City Secretary
AUDITOR’S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this agreement.
Denton County Auditor
66
PER CAPITA:0.338302$
MATCHING:10,000.00$
DENTON COUNTY POPULATION:900,185
POPULATION OF CITIES W ITH LIBRARIES 402,134
REMAINING POPULATION 498,051
TOTAL CITY COUNTY PER CAPITA MATCHING TOTAL ROUNDED
LIBRARY POP POP allocation ALLOCATION FUNDS
AUBREY 36,712 16,400 20,312 12,420$ 10,000$ 22,420$ 22,500$
CARROLLTON 189,858 84,814 105,044 64,229$ -$ 64,229$ 64,300$
FLOW ER MOUND 173,398 77,461 95,937 58,661$ -$ 58,661$ 58,700$
JUSTIN 10,342 4,620 5,722 3,499$ 10,000$ 13,499$ 13,500$
KRUM 11,461 5,120 6,341 3,877$ 10,000$ 13,877$ 13,900$
LEW ISVILLE 237,908 106,279 131,629 80,485$ -$ 80,485$ 80,500$
LITTLE ELM 103,420 46,200 57,220 34,987$ 10,000$ 44,987$ 45,000$
PILOT POINT 9,626 4,300 5,326 3,256$ 10,000$ 13,256$ 13,300$
PONDER 5,820 2,600 3,220 1,969$ 10,000$ 11,969$ 12,000$
SANGER 20,326 9,080 11,246 6,876$ 10,000$ 16,876$ 16,900$
THE COLONY 101,315 45,260 56,055 34,275$ 10,000$ 44,275$ 44,300$
TOTAL 900,185 402,134 498,051 304,534$ 80,000$ 384,534$ 384,900$
Aubrey Population:
Aubrey 5,380
Crossroads 2,460
Krugerville 1,860
Providence 6,700
Total 16,400
Ponder Population:2,400
Dish (Interlocal Agreement 200
Total 2,600
DENTON COUNTY LIBRARY'S FUNDING Approved (2020-2021)
Changes made during Budget W orkshops
EXHIBIT A
67
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY
AND DENTON COUNTY FOR THE PROVISION OF LIBRARY SERVICES
TO THE RESIDENTS OF DENTON COUNTY AS PROVIDED IN
ATTACHMENT “A”, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.Thatthe Mayoris hereby authorized and empowered to execute an Interlocal
Cooperation Agreement with Denton County for the provision of Library Services to the residents of
Denton County as defined in the Agreement, which is attached hereto and incorporated herein by
reference as Attachment “A”.
Section 2.That a true and correct copy of the Interlocal Cooperation Agreement is
attached hereto and incorporated herein.
Section 3.That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October 2020.
_____________________________________
Joe McCourry, Mayor
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Contract with
MHS Planning and Design LLC in the amount of $21,610.00 with funding provided by the Lake Parks Fund for
design services for the Stewart Creek Park Restroom Project. (Morgan)
Suggested Action:
Attachments:
SCP Restroom Summary.pdf
Swim Beach Restroom financials.pdf
MHS Proposal Packet.pdf
Professional Services Agreement.pdf
Res. 2020-xxx Professional Services-MHS Planning Services.docx
69
City Council Meeting Agenda Item
Meeting Date: October 7, 2020
TITLE:
Professional Services Contract for design services for the Stewart Creek Park Restroom Project with
funding provided by the Lake Parks Fund.
SUBECT:
Consider approving a resolution authorizing the City Manager to execute a Professional Services
Contract with MHS Planning and Design, Inc. in the amount of $21,610.00 for design, construction
documents and construction oversight for the Stewart Creek Park Beach Restroom project. The
restroom will be will consist of two unisex, handicap accessible units.
SUMMARY:
This professional services contract will authorize MHS Planning and Design, Inc. to proceed with the
design services for Stewart Creek Park Beach Restroom project.
BACKGROUND:
The Restroom project is the second phase of a project that consists of relocating the swim beach and
related amenities to the southern shore of the park. Funding for the restroom project was included in
the 2019/2020 budget.
RECOMMENDATIONS:
Staff and Community Development Corporation recommend approval.
SUGGESTED MOTION:
I move to recommend the approval of a resolution authorizing the City Manager to sign a Professional
Services Contract with MHS Planning and Design LLC in the amount of $21,610.00 with funding from the
Lake Parks Fund.
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Financial Summary:
Are budgeted funds available? X Yes No
Amount Budgeted/available: $175,000.00
Cost of recommended contract award: $21,610.00
Total Estimated Project Costs:
$ 21,610.00 Architecture/engineering Already Authorized: X Yes No
$ 150,000.00 Construction (Estimate) Already Authorized: X Yes No
$ 0.00 Other Costs (Specify)
$ 171,610.00 Total Estimated Cost
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212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
August 31st, 2020
Pam Nelson, Director
5151 North Colony Boulevard
The Colony, Texas 75056
RE: Stewart Creek Beach Phase 2
Dear Ms. Nelson:
It is my pleasure to submit this proposal for professional services for Phase 2 improvements at
Stewart Creek Park in The Colony, Texas. Our scope of services for this project is as follows:
1. Preliminary Reporting Phase - $3,860.00
a. Site Visit to view the existing conditions at the site, specifically to review
the existing lift station.
b. Work in conjunction with the Owner to finalize a restroom provider and
floor plan. Incorporate building into the site and provide preliminary
utilities for the project.
2. Design Phase - $9,500.00
a. Based on the approved preliminary design documents, coordinate and/or
prepare detailed construction drawings and specifications for erosion
control, grading, paving, drainage, utilities (water, sewer, electric, etc.)
and other site improvements for the Project. The construction drawings
and specifications shall be prepared for the full project but may be bid and
awarded under multiple construction contracts.
b. Furnish to the Owner construction plans and specifications. These
documents typically include the following sheets, but all may not be
required for this project:
i. Cover Sheet
ii. Site Plan
iii. Demolition Plan
iv. Erosion Control Plan
v. Drainage Area Map, Calculations and Drainage Plan
vi. Paving Plan and Horizontal Control
vii. Site Utilities (Water, Wastewater, Electric, etc.)
viii. Landscaping
ix. Project Details (restroom, grinder station, etc.)
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212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
3. Construction Phase - $6,500.00
a. Site visits to observe the progress and quality of work as needed and/or
requested by the City.
b. Check samples, catalog data, laboratory testing, shop drawings, mill tests
of materials and equipment, and other data which the Contractor is
required to submit, only for the conformance with the design concept.
c. Review and request approval of the contractor’s pay applications based on
the on-site observations of design professional.
d. Conduct a final inspection of the Project for conformance with the design
and recommend in writing final payment to the contractor.
Based on this scope of services, our lump sum fee for the project is $19,860.00. This fee
is based on a total construction budget of one hundred fifty thousand dollars and no 100ths
($150,000.00). If the construction amount deviates significantly ±10% or more, the design fee
shall be adjusted pro rata. Reimbursable expenses such as reproduction and mileage are not
included in the total but will not exceed $1,750.00.
Our proposal does exclude flood studies, flood map revisions, wetland delineation, 404
permitting, cultural resources study, detention facilities, TxDOT Permits, construction materials
testing, surveying, and other items not specifically listed above. If our services are needed for
additional items, we can prepare a separate proposal or bill you hourly based on the attached rate
sheet.
If you find this proposal meets your needs, please sign below on the space provided,
retain one copy for your file and return one to us. Once we receive the signed proposal, we will
begin work. If you have any questions or need us to revise our proposal, please let me know.
Sincerely, Approved & Accepted______________________
Date_____________________
William H. Spencer
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212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
MHS Planning & Design
Hourly Rates
Effective January 1, 2020
Managing Partner $180.00 per hour Professional Engineer $150.00 per hour Senior Planner $115.00 per hour Landscape Architect $105.00 per hour Senior CADD Drafter $90.00 per hour Senior Graphics Designer $90.00 per hour Engineer in Training (EIT) $80.00 per hour Planner $80.00 per hour CADD Drafter $75.00 per hour Word Processing/Clerical $45.00 per hour Mileage $0.57 per mile Reproduction, Aerial photography, etc. Cost plus 15%
***A service charge of 1.5% per month (18% annual rate) will be added to all balances 30 days
past due and will continue each month until the past due amount is received.
74
1
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
City of The Colony, Texas
Stewart Creek Park Restroom
Summary of Fees
Preliminary Phase $3,860
Design Phase $9,500
Construction Phase $6,500
Reimbursable Travel & Reproduction Expenses $1,750
TOTAL $21,610
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Stewart Creek Park Phase 2
Design and Construction Documents
Project Timeline
Month 1 – Design Development
Month 2 – 70% Construction Plans and Specifications for City Review
Month 3 – 100% Construction Plans and Specifications
Month 4 to 10 - USACE Plan Review
Month 11 – Advertise and Bid
Month 12 – Award Bid
Month 13 to 16 – Begin Construction (estimate 120 days for
construction)
76
STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the
City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”),
and MHS PLANNING AND DESIGN LLC (“Professional”) (individually, each a “Party” and
collectively, “Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for Stewart
Creek Park Restroom design, construction documents and construction oversight
(“Project”) in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficienc y and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional’s profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of
reasonable, informed judgments and prompt, timely action. If Professional is representing this it
has special expertise in one or more areas to be utilized in the performance of this Agreement,
then Professional agrees to perform those special expertise services to the appropriate local,
regional and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided
by Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior
written notice to City. In the event of such termination by Professional, Professional shall be
entitled to compensation for services satisfactorily completed in accordance with this Agreement
prior to the date of such termination.
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2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to
the date of such termination. Upon receipt of such notice from City, Professional shall
immediately terminate working on, placing orders or entering into contracts for supplies,
assistance, facilities or materials in connection with this Agreement and shall proceed to
promptly cancel all existing contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A,
attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of
conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of
this Agreement shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights,
in and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project. City shall have full
authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and
material or equipment suppliers to reproduce applicable portions of the Project Documents to
and for use in their execution of the work or for any other purpose. All materials and reports
prepared by Professional in connection with this Agreement are “works for hire” and shall be the
property of City. Professional shall, upon completion of the services provided under this
Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all
materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall
provide same in electronic format if requested by City. Any re-use of the Project Documents by
the City on any other project not contemplated or included under this Agreement shall be at the
City’s sole risk, without liability to Professional.
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Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit
C.
4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in
fee or price, or to authorize damages or additional compensation as a consequence of such
delays, within a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be
claimed or made by Professional, unless Professional shall have made written request upon City
for such extension not later than five (5) business days after the occurrence of the cause serving
as the basis for such extension request, and unless City and Professional have agreed in writing
upon the allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit “B”
by payment of a fee not to exceed $21,610.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount
for which payment is sought. Each invoice shall also state the percentage of work completed on
the Project through the end of the then submitted billing period, the total of the current invoice
amount, and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services
that is unsatisfactory as determined by City or which is not performed in compliance with the
terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this
section constitute a waiver of any right, at law or in equity, which City may have if Professional
is in default, including the right to bring legal action for damages or for specific performance of
this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of
any subsequent default.
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Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates,
and within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall
provide City a written proposal for the entire costs involved in performing such additional
services. Prior to Professional undertaking any revised or expanded services as directed by City
under this Agreement, City must authorize in writing the nature and scope of the services and
accept the method and amount of compensation and the time involved in all phases of the
Project.
6.2 It is expressly understood and agreed to by Professional that any compensation
not specified in this Agreement may require approval by the City Council of the City of The
Colony and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile
machines, email facilities, and personnel necessary to perform the services required under this
Agreement unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with
the services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor,
and not as an agent, servant, representative, or employee of City. Professional shall supervise
the performance of its services and shall be entitled to control the manner, means and methods
by which Professional’s services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional’s
sequence of work or location at which Professional performs Professional’s work, except as may
be set forth in Exhibit “A”.
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7.2 Professional shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications, plans, and other services furnished
by Professional under this Agreement. Professional shall, without additional compensation,
correct or revise any errors or deficiencies in the Project Documents and other services provided
under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any
of, the services provided under this Agreement, shall be construed to operate as a waiver of any
rights under this Agreement, and Professional shall be and remain liable to City in accordance
with applicable law for all damages to City caused by Professional’s negligent performance of
any of the services furnished under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating
coverages, limits, expiration dates and compliance with all applicable required provisions.
Certificates shall reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: City Manager
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate,
and $1,000,000 general aggregate. Coverage must be written on an occurrence form.
The General Aggregate shall apply on a per project basis.
B. Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injur y and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as dam ages arising out of the performance of
professional services caused by error, omission or negligent act with minimum limits of
$2,000,000 per claim, $2,000,000 annual aggregate.
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NOTE: If the insurance is written on a claims-made form, coverage shall be continuous
(by renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a
financial rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal
working hours to all necessary Professional facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. City shall give Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving transactions
related to the subcontract, and further, that City shall have access during normal working hours
to all such subcontractor facilities and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this section. City shall give any
such subcontractor reasonable advance notice of intended audits.
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Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties
with respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to
grant all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall
govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall
be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree
to submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties,
pertaining to a period of time following the termination of this Agreement shall survive
termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections
10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent
by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
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If intended for City: With Copy to:
Troy C. Powell Pam Nelson
City Manager Community Services Director
City of The Colony City of The Colony
6800 Main Street 5151 N. Colony
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Hunter Rush, LI
MHS Planning and Design LLC
212 W. 9th St.
Tyler, Texas 75701
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its
employees, associates, agents or subcontractors for the accuracy and competency of their
designs, working drawings, specifications or other documents and work; nor shall such
acceptance be deemed an assumption of responsibility by City for any defect in the Project
Documents or other documents and work prepared by Professional, its emp loyees, associates,
agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S
FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY
TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO
THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES
UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE
PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH
LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE
FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF
ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN
CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL,
ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT
PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY
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SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS
SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail
to commence the services in accordance with the provisions of this Agreement or fail to
diligently provide services in an efficient, timely and careful manner and in strict accordance
with the provisions of this Agreement or fail to use an adequate number or quality of personnel
to complete the services or fail to perform any of Professional’s obligations under this
Agreement, then City shall have the right, if Professional shall not cure any such default after
thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall
not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy
due to Professional’s nonperformance under this Agreement, the cost to City to complete the
services to be performed under this Agreement is in excess of that part of the contract sum which
as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall
reimburse City for such excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that
its representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non -
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional’s
own use or the use of any third party at any time during or subsequent to this Agr eement. As
used herein, “Confidential Information” means all oral and written information concerning the
City, its affiliates and subsidiaries, and all oral and written information concerning City or its
activities, that is of a non-public, proprietary or confidential nature including, without limitation,
information pertaining to customer lists, services, methods, processes and operating procedures,
together with all analyses, compilations, studies or other documents, whether prepared by
Professional or others, which contain or otherwise reflect such information. The term
“Confidential Information” shall not include such information that is or becomes generally
available to the public other than as a result of disclosure to Professional, or is required to be
disclosed by a governmental authority under applicable law.
85
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive
of any other right or remedy herein by law or equity provided or permitted; but each right or
remedy shall be cumulative of every other right or remedy given hereunder. No covenant or
condition of this Agreement may be waived without written consent of the Parties. Forbearance
or indulgence by either Party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding
the fact that such third person or entity may be in contractual relationship with City or
Professional or both; and (2) the terms of this Agreement are not intended to release, either by
contract or operation of law, any third person or entity from obligations owing by them to either
City or Professional.
EXECUTED this _______ day of _____________________, 20___.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
EXECUTED this _______ day of _____________________, 20___.
Professional
By:
Name:
____________________________________
Title:
____________________________________
Attest:
Corporate Secretary
86
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
August 31st, 2020
Pam Nelson, Director
5151 North Colony Boulevard
The Colony, Texas 75056
RE: Stewart Creek Beach Phase 2
Dear Ms. Nelson:
It is my pleasure to submit this proposal for professional services for Phase 2 improvements at
Stewart Creek Park in The Colony, Texas. Our scope of services for this project is as follows:
1. Preliminary Reporting Phase - $3,860.00
a. Site Visit to view the existing conditions at the site, specifically to review
the existing lift station.
b. Work in conjunction with the Owner to finalize a restroom provider and
floor plan. Incorporate building into the site and provide preliminary
utilities for the project.
2. Design Phase - $9,500.00
a. Based on the approved preliminary design documents, coordinate and/or
prepare detailed construction drawings and specifications for erosion
control, grading, paving, drainage, utilities (water, sewer, electric, etc.)
and other site improvements for the Project. The construction drawings
and specifications shall be prepared for the full project but may be bid and
awarded under multiple construction contracts.
b. Furnish to the Owner construction plans and specifications. These
documents typically include the following sheets, but all may not be
required for this project:
i. Cover Sheet
ii. Site Plan
iii. Demolition Plan
iv. Erosion Control Plan
v. Drainage Area Map, Calculations and Drainage Plan
vi. Paving Plan and Horizontal Control
vii. Site Utilities (Water, Wastewater, Electric, etc.)
viii. Landscaping
ix. Project Details (restroom, grinder station, etc.)
87
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
3. Construction Phase - $6,500.00
a. Site visits to observe the progress and quality of work as needed and/or
requested by the City.
b. Check samples, catalog data, laboratory testing, shop drawings, mill tests
of materials and equipment, and other data which the Contractor is
required to submit, only for the conformance with the design concept.
c. Review and request approval of the contractor’s pay applications based on
the on-site observations of design professional.
d. Conduct a final inspection of the Project for conformance with the design
and recommend in writing final payment to the contractor.
Based on this scope of services, our lump sum fee for the project is $19,860.00. This fee
is based on a total construction budget of one hundred fifty thousand dollars and no 100ths
($150,000.00). If the construction amount deviates significantly ±10% or more, the design fee
shall be adjusted pro rata. Reimbursable expenses such as reproduction and mileage are not
included in the total but will not exceed $1,750.00.
Our proposal does exclude flood studies, flood map revisions, wetland delineation, 404
permitting, cultural resources study, detention facilities, TxDOT Permits, construction materials
testing, surveying, and other items not specifically listed above. If our services are needed for
additional items, we can prepare a separate proposal or bill you hourly based on the attached rate
sheet.
If you find this proposal meets your needs, please sign below on the space provided,
retain one copy for your file and return one to us. Once we receive the signed proposal, we will
begin work. If you have any questions or need us to revise our proposal, please let me know.
Sincerely, Approved & Accepted______________________
Date_____________________
William H. Spencer
88
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
MHS Planning & Design
Hourly Rates
Effective January 1, 2020
Managing Partner $180.00 per hour Professional Engineer $150.00 per hour Senior Planner $115.00 per hour Landscape Architect $105.00 per hour Senior CADD Drafter $90.00 per hour Senior Graphics Designer $90.00 per hour Engineer in Training (EIT) $80.00 per hour Planner $80.00 per hour CADD Drafter $75.00 per hour Word Processing/Clerical $45.00 per hour Mileage $0.57 per mile Reproduction, Aerial photography, etc. Cost plus 15%
***A service charge of 1.5% per month (18% annual rate) will be added to all balances 30 days
past due and will continue each month until the past due amount is received.
89
1
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
City of The Colony, Texas
Stewart Creek Park Restroom
Summary of Fees
Preliminary Phase $3,860
Design Phase $9,500
Construction Phase $6,500
Reimbursable Travel & Reproduction Expenses $1,750
TOTAL $21,610
90
Stewart Creek Park Phase 2
Design and Construction Documents
Project Timeline
Month 1 – Design Development
Month 2 – 70% Construction Plans and Specifications for City Review
Month 3 – 100% Construction Plans and Specifications
Month 4 to 10 - USACE Plan Review
Month 11 – Advertise and Bid
Month 12 – Award Bid
Month 13 to 16 – Begin Construction (estimate 120 days for
construction)
91
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH MHS
PLANNING AND DESIGN, LLC, FOR DESIGN SERVICES AT THE
STEWART CREEK PARK RESTROOM PROJECT, AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
Section 2.The City Council of the City of The Colony, Texas, has duly reviewed and
considered the Contract for Professional Services by and between the City of The Colony, Texas,
and MHS Planning and Design, LLC, for design services for the Stewarts Creek Park Restroom
Project, in the amount of Twenty One Thousand Six Hundred and 10/100 Dollars ($21,610.00).
Section 3.The City Council of the City of The Colony, Texas, does hereby approve
and authorizes the City Manager to execute the Contract for Professional Services by and between
the City of The Colony, Texas, and MHS Planning and Design, LLC, attached hereto as Exhibit
A, and is incorporated herein for all purposes.
Section 4.This Resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
92
Exhibit A
Contract for Professional Services
93
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with Webuildfun, Inc. for the
purchase and installation of seven (7) picnic shelters in the amount of $86,523.81 at Stewart Creek Park
through the BuyBoard Purchasing Cooperative with funding from the Lake Parks Fund. (Morgan)
Suggested Action:
Attachments:
Financial Summary.pdf
Picnic shelter quote updated 8-31-2020.pdf
STANDARD FORM OF AGREEMENT 3-3-20.pdf
Picnic Shelter Project Summary.pdf
Res. 2020-xxx Seven Picnic Shelters at Stewart Creek Park Project.doc
94
Financial Summary:
Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available: $85,000.00
Additional funds from closed projects: Amount needed: $ 1,523.81
Fund(s) (Name and number): Lake Parks – 720-629-6610
Cost of recommended bid/contract award: $86,523.81
Total estimated project cost:
$ 86,523.81 Total purchase and installation costs Already authorized? ☒ Yes ☐ No
Future Cost (if any): $ N/A Revenue Generated: $ N/A
95
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97
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the _____________ day of __________________ in the year 2020
by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called
OWNER) and webuildfun, inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall perform all Work set out forth in Quotation (QUOTE), dated February 13, 2020,
attached hereto as Exhibit A, as specified or indicated in the Contract Documents. The Work is generally
described as follows:
The scope of work consists of furnishing and installing seven (7) picnic shelters, concrete
flatwork and associated construction activities in Stewart Creek Park, associated elements and
any other work deemed necessary by the City of the Colony.
Contractor shall operate under Buyboard Cooperative Purchasing Agreement, BuyBoard
Vendor ID 2904 and BuyBoard Contract #512-16; webuildfun, inc. All of the above shall be
done in accordance with TxDOT and NCTCOG specifications. All construction sequencing
and barricading will be done according to the City of The Colony Standards. The opinion of
probable construction cost for the overall project is $86,523.81.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
STEWART CREEK PARK PICNIC SHELTERS 2020
City of The Colony
Article 2. ENGINEER.
The City of The Colony Parks and Recreation Department has designed the Project. The QUOTE and
Contract Documents have been established by the City of The Colony Parks and Recreation Department.
Contract administration will be provided by the City of The Colony Parks and Recreation Department
who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties
and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
98
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees that all work awarded will be completed within 140 calendar days,
including five (5) inclement weather days, from the date when the Contract Time commences to
run as provided in Item 103.6 of the General Provisions, and completed and ready for final
payment in accordance with Item 109.5.4 of the General Provisions.
The Contractor will submit written documentation to the Construction Inspector assigned by the
City to document inclement weather days. Additional inclement weather calendar days will be
added to the contract only if the five (5) inclement weather days included in the QUOTE have
been approved. Contract time will commence to run as provided in the Contract Documents.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change Orders as
provided in the contract documents in accordance with the lump sum price listed in the QUOTE.
The contract sum shall be the amount of EIGHTY-SIX THOUSAND FIVE HUNDRED
TWENTY-THREE AND EIGHTY-ONE/100 DOLLARS ($86,523.85). The total tangible
personal property cost included in the contract sum is FORTY THOUSAND TWO HUNDRED
EIGHTY-NINE AND SIXTY-NINE/100 DOLLARS ($40,289.69).
Article 5. PAYMENT PROCEDURES.
CITY agrees to pay the Contractor on an invoice basis pursuant to the Texas Prompt Payment Act, Texas
Government Code Section 2251, each payment to represent full and final, non-refundable payment for all
Work provided herein prior to the date invoiced.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR’S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set
forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to
the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
99
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Item 102.3 of the General Provisions; and no additional examinations,
investigations, explorations, tests, reports, studies, or similar information or data are or will be
required by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies, or similar information
or data in respect of said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of the
Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1 through 5, inclusive).
8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance (Exhibit B). The City of the Colony shall be listed as additional
insured party on the Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction,
NCTCOG, fourth edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions. (Exhibit D)
8.7. Certificate of Interested Parties (Form 1295) must be provided by the Selected
Contractor per the Texas Legislature adoption of House Bill 1295 which added
section 2252.908 of the Government Code. Selected Contractor must submit the
completed form prior to the City Council Meeting to award the project.
100
STEWART CREEK PARK PICNIC SHELTERS 2020
City of The Colony
8.9. Addendum to the NCTCOG Standard Specifications for Public Works Construction
included in Appendix B.
8.10. Construction plans, one set.
8.11. CONTRACTOR's QUOTE (EXHIBIT A), and Contract Documents (page 1 through 5).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3
of the General Provisions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2
and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will
have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
101
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER
on their behalf.
This Agreement will be effective on __________________________________, 2019.
OWNER: CONTRACTOR:
City of The Colony NAME
6800 Main Street ADDRESS
The Colony, TX 75056 CITY, STATE ZIP
BY: _____________________________ BY: __________________________________
TITLE: City Manager TITLE: _______________________________
ATTEST: _________________________ ATTEST: ______________________________
Address for giving notices: Address for giving notices:
City of the Colony NAME_________________________________
5151 North Colony Blvd. ADDRESS______________________________
The Colony, Texas 75056 CITY, STATE ZIP________________________
Attn: Eve Morgan, PLA Attn: NAME___________________________
Park Development Manager
(If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
102
City Council Agenda Item
Meeting Date: March 17th
Parks & Recreation
TITLE
Consider approving a resolution authorizing the City Manager to execute a contract with webuildfun,
inc. for the purchase and installation of seven (7) picnic shelters at Stewart Creek Park through the
BuyBoard Purchasing Cooperative with funding from the Lake Parks Fund.
PURPOSE
This project will provide shelters for the seven picnic tables identified. In 2011, the city replaced the
existing picnic shelters and pavilion roof at Stewart Creek Park. Ten (10) picnic tables remained that
never had shelters. Of those ten, seven need covers, one is adequately shaded by trees and two need to
be relocated prior to installing shelters.
Budget for the project is $85,000. The quote for the project for the seven shelters is $86,523.81.
Additional funds from completed projects is available in the Lake Parks Fund for the additional
$1,523.81 needed to provide shelters for a total of seven shelters.
RECOMMENDATION
The Community Development Corporation and staff recommend approval of contract with webuildfun,
inc. for the purchase and installation of picnic shelters in the amount of $86,523.81 with funds from the
Lake Parks Fund.
103
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A STANDARD
FORM OF AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND WEBUILDFUN, INC., FOR THE PURCHASE AND
INSTALLATION OF SEVEN (7) PICNIC SHELTERS AT
STEWART CREEK PARK, WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT “A”;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a standard form of agreement for the purchase and installation of
seven (7) picnic shelters at Stewart Creek Park, which is attached hereto and incorporated
herein as “Exhibit”; and
WHEREAS,the City of The Colony agrees to pay the construction cost for the
overall project in the amount of $85,000.00, which is attached hereto and incorporated
herein as “Exhibit”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the
execution of a standard form of agreement with Webuildfun, INC., for the purchase and
installation of a seven (7) picnic shelters at Stewart Creek Park for a total amount of
$85,000.00.
Section 2.The City Manager is authorized to execute a standard form of
agreement for said construction, which is attached hereto and incorporated herein as
“Exhibit”.
Section 3.This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 7th day of October 2020.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
104
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
105
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement
for Joint Use of Facilities with Little Elm Independent School District. (Nelson)
Suggested Action:
This primary purpose of updating our Interlocal Agreement with LEISD is to add the new Strike Middle School in
The Tribute. The Agreement is also being updated to give both parties the ability to cancel/reschedule facility
usage due to Force Majeure, with language now including pandemics and epidemics.
The agreement will still allow both parties use of each other's facilities at no cost.
Attachments:
The Colony - Interlocal Agreement - LEISD
Res. 2020-xxx Interlocal Agreement with LEISD.doc
106
____________________________________
8/24/2020
Page 1 of 12
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCALCOOPERATION AGREEMENT
FOR JOINT USE OF PROPERTY, CONSTRUCTION
OF FACILITIES, AND USE THEREOF
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this
_____ day of , 2020, by and between the CITY OF THE COLONY,
TEXAS (“CITY”), acting by and through its City Council, Mayor or designee, and the LITTLE
ELM INDEPENDENT SCHOOL DISTRICT (“LEISD”), acting by and through its Board of
Trustees, Superintendent or designee.
WITNESSETH:
WHEREAS,the Texas State Legislature has authorized the use of interlocal cooperation
agreements between and among governmental entities; and
WHEREAS,this lnterlocal Cooperation Agreement (“Agreement”) is made under the authority
granted by and pursuant to the lnterlocal Cooperation Act, Texas Government
Code, Chapter 791, and as otherwise provided herein, relative to the
authorization by CITY and LEISD to use certain properties within the City of The
Colony jointly for the purpose of providing recreational, cultural, informational,
and athletic opportunities for all residents of the City of The Colony; and
WHEREAS,CITY and LEISD find that the performance of this Agreement is in the common
public interest of both parties, and that the services provided by each party
compensates for the use of the facilities and property identified in Exhibit “A”
(“LEISD Facility”) and Exhibit “B” (“CITY Facility”), copies of which are attached
hereto and incorporated herein for all purposes; and
WHEREAS,CITY and LEISD, in expending funds in the performance of the governmental
functions or in performing such governmental functions under this Agreement,
shall make payments therefor only from current revenues legally available to
such party; and
WHEREAS,CITY and LEISD agree that the LEISD Facility and CITY Facility shall be used for
the purpose of providing recreational and athletic opportunities for the citizens of
The Colony, for joint use by CITY and LEISD, with CITY and LEISD having
priority of use as set out herein; and
WHEREAS,the governing bodies of each party find that the subject of this Agreement is
necessary for the benefit of the public and that each party has the legal authority
to perform and to provide the governmental function or service which is the
107
____________________________________
8/24/2020
Page 2 of 12
subject matter of this Agreement; furthermore, the governing bodies find that the
performance of this Agreement is in the common interest of both parties.
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements
contained herein, the parties hereto do hereby agree as follows:
I.
AGREEMENT
A.This Agreement shall supersede all previous agreements as to the subject matter of this
Agreement between LEISD and the CITY. The Agreement will be reviewed annually.
B.CITY and LEISD agree, under the terms and conditions provided herein, to permit for
joint use of the LEISD Facility and CITY Facility for recreational, cultural, informational,
and athletic activities for the mutual benefit of the parties.
C.Notwithstanding anything herein to the contrary, a material part of the consideration to
CITY and LEISD for entering into this Agreement is the commitment by LEISD and CITY
to allow each party to utilize the other party’s facilities within the City of the Colony for
youth and adult recreational, cultural and athletic activities.
D.There shall be no additional costs to CITY or LEISD. CITY and LEISD will be
responsible for all costs for electric utilities associated with the subject facilities covered
by this Agreement for recreational and athletic activities, in accordance with the terms of
this Agreement, except as may be otherwise provided herein. Also, CITY and LEISD
shall be responsible for maintaining the facilities under their respective custody and
control and keep such facilities free of litter, trash, overgrowth, or any other natural or
manmade conditions which would diminish the quality of property or impair its public
purpose.
E.CITY and LEISD mutually agree to waive all cost recovery fees in the interest of
providing the highest and best service with the least possible expenditure of public funds
for the citizens of The Colony. This shall include, but not be limited to, administrative
charges, rental fees, installation costs, meter costs, on-site supervision fees, janitorial
maintenance fees, HVAC charges, utility charges, building inspection fees, fire
prevention fees, capital recovery fees, planning and zoning fees, subdivision fees,
reservation fees, and health and code enforcement fees for the LEISD Facility and City
Facility. LEISD will be responsible for paying to the CITY all monthly utility fees,
including water, sewer, and storm water, for LEISD Facility.
108
____________________________________
8/24/2020
Page 3 of 12
II.
CITY USE OF LEISD FACILITY
A.LEISD will make the LEISD Facility available for use for community recreational and
athletic activities; these areas and facility are to be selected by the City Manager or
his/her designee subject to approval of the Superintendent of LEISD, or his/her
designee, as appropriate.
B.CITY may utilize the gymnasiums and outdoor areas of the LEISD Facility located within
the City of the Colony provided that the use does not interfere with the normal
operational use of facility for school purposes or which would otherwise interfere with
their Iawful public purpose. In the event of any scheduling conflict with LEISD, LEISD
has, at any time, priority use of the LEISD Facility. In the event LEISD sells or leases
any of the LEISD Facility, LEISD shall notify the CITY in writing and this Agreement may
be amended to exclude said facility
C.CITY shall provide in writing to the campus principal a proposed usage schedule which
shall include the name of the organization requesting the use and the time(s) of the
requested use. Scheduled usage of the LEISD Facility shall be limited to CITY-
sponsored organizations or groups. The organization using the LEISD Facility within the
City of the Colony shall be responsible for providing adequate supervision of the activity
or activities taking place on the property. Organizations using the LEISD Facility
pursuant to the terms of this Agreement shall comply with all State, federal, and local
laws as well as applicable LEISD Board policies.
D.The outdoor LEISD Facility will be available for the general public to use after school
hours and on weekends, unless LEISD or the CITY has scheduled use of the outdoor
LEISD Facility.
E.During times of scheduled usage, CITY shall be responsible for keeping the premises in
a clean condition free of accumulation of dirt, rubbish, and obstructions that may prohibit
or impede the use of the facilities for their intended purpose. The CITY shall not
damage the LEISD Facility during any use thereof, and shall leave the LEISD Facility in
a condition as neat and safe as at the time the CITY began said use. The CITY shall be
responsible for any damages the CITY causes to any LEISD Facility, and shall promptly
repair same. Under no circumstances shall this Agreement be construed to include
school playground equipment or areas including such equipment as part of LEISD
Facility. LEISD and CITY will alternately fund periodic replacement of nets, wind
screens and other equipment as needed.
F.CITY may utilize the premises on an as-is condition on the date of execution of this
Agreement.
G.LEISD shall have the sole duty and responsibility for repair of any permanent
improvements owned by LEISD such as fencing, net posts, or other permanent
structural improvements.
H.CITY shall be permitted to make, at its own expense, alterations and additions to the
LEISD Facility consistent with the programs offered by it upon prior written consent of
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the LEISD Board of Trustees, shall bear the cost of maintenance of such improvements
and is subject to the provisions of Section II.E.
I.CITY, at its sole expense,shall remove any improvements or alterations to the LEISD
Facility installed by CITY upon termination of this Agreement if requested in writing by
LEISD. Any addition or improvement to the LEISD Facility not removed shall, upon
termination of this Agreement and after a reasonable time to remove said improvements
or alterations, belong to and become the property of LEISD without cost to LEISD or at
the sole option of LEISD, shall be removed by LEISD and CITY shall promptly reimburse
LEISD for the cost of such removal. Nothing shall be removed which may affect the
structural integrity of any building or structure.
J.LEISD will use all reasonable efforts to not cancel a previously scheduled usage or
event. If cancelation is required for a LEISD activity or other closure, LEISD will provide
24 hours advance notice and make a good faith effort to provide an alternate facility.
III.
LEISD USE OF CITY FACILITY
A.CITY will make the CITY Facility available to LEISD for school events, activities, or
programs; these areas and facility are to be selected by the Superintendent, or his/her
designee, subject to approval of the City Manager of the City of The Colony or his/her
designee.
B.LEISD may utilize indoor or outdoor CITY Facility (see Exhibit B) provided that the use
does not interfere with the normal operational use of facilities or which would otherwise
interfere with their Iawful public purpose. In the event of any scheduling conflict with
CITY, CITY has, at any time, priority use of CITY Facility.In the event CITY sells or
leases any of the CITY Facility, CITY shall notify the LEISD in writing and this
Agreement may be amended to exclude said facility
C.LEISD shall provide a proposed written schedule to CITY's Park and Recreation Office
which shall include the name of the organization requesting the activity planned at the
CITY Facility and the time(s) of the requested use. Scheduled usage of the CITY
Facility shall be limited to LEISD-sponsored organizations or groups. The organization
using the CITY Facility shall be responsible for providing adequate supervision of the
activity or activities taking place on the property. Organizations using the CITY Facility
shall comply with all state, federal and local laws.
D.During periods of unscheduled CITY and LEISD use, the outdoor facilities will be
available for the use of the general public.
E.During times of scheduled usage, LEISD shall be responsible for keeping the premises
in a clean condition free of accumulation of dirt, rubbish, and obstructions that may
prohibit or impede the use of the CITY Facility for their intended purpose.LEISD shall
not damage the CITY Facility during any use thereof, and shall leave the CITY Facility in
a condition as neat and safe as at the time LEISD began said use. LEISD shall be
responsible for any damages LEISD causes to any CITY Facility, and shall promptly
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repair same. CITY and LEISD will alternately fund periodic replacement of nets and
wind screens as needed.
F.LEISD may utilize the premises on an as-is condition on the date of execution of this
Agreement.
G.CITY shall have the sole duty and responsibility for repair of any permanent
improvements owned by CITY such as fencing, or other permanent structural
improvements on the CITY Facility.
H.LEISD shall be permitted to make, at its own expense, alterations and additions to any of
the premises listed on Exhibit “B" consistent with the programs offered by it upon prior
written consent of CITY, and shall bear the cost of maintenance of such improvements
and are subject to the provisions of Section III.E.
I.LEISD, at its sole expense,shall remove any improvements or alterations to the CITY
Facility installed by LEISD upon termination of this Agreement if requested in writing by
CITY. Any addition or improvement to CITY Facility if not removed shall, upon
termination of this Agreement and after a reasonable time to remove said improvements
or alterations, belong to and become the property of CITY without cost to CITY or at the
sole option of CITY, shall be removed by CITY and LEISD shall promptly reimburse
CITY for the cost of such removal. Nothing shall be removed which may affect the
structural integrity of any building or structure.
J.CITY will use all reasonable efforts to not cancel a previously scheduled usage or event.
If cancelation is required for a CITY activity or other closure, CITY will provide 24 hours
advance notice and make a good faith effort to provide an alternate facility.
IV.
GENERAL REQUIREMENTS APPLICABLE TO LEISD AND CITY
The following subparagraphs shall apply to CITY’s use of LEISD’s Facility or LEISD’s
use of CITY's Facility:
A.(1)IMMUNITY: Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
Texas Civil Practice and Remedies Code § 101.001, et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither CITY nor
LEISD waives, nor shall be deemed to waive, any immunity or defense that
would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
(2) INSURANCE: During the term of this Agreement, and any extensions thereof,
CITY / LEISD agrees to obtain and maintain, at its sole expense, general liability
insurance and property insurance covering their respective facilities. CITY shall
furnish LEISD and LEISD shall furnish to CITY certificates of insurance in
accordance with this Paragraph within sixty (60) days from the date of execution
of this Agreement or upon request by the other party. Nothing contained herein
shall be construed to grant any third party rights or waive the governmental
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and/or public purpose of the operation or use of any of LEISD Facility or CITY
Facility. LEISD / CITY may have insurance for liability, if permitted by state law.
B.THIRD PARTIES: This Agreement does not create any third-party beneficiaries. Nothing
in this Agreement, or in any exhibit or attachment hereto, shall be construed to create,
expand or form a basis for liability to any third party under any theory of law against
either CITY or LEISD unless such a basis exists independent of this Agreement under
state or federal law.
C.NOTICE: Each notice or other communication which may be or is required to be given
under this Agreement shall be in writing and shall be deemed to have been properly
given when delivered personally during the normal business hours of the party to whom
such communication is directed, or upon receipt when sent by United States registered
or certified mail, return receipt requested, postage prepaid, to the appropriate one of the
following addresses as may be designated by the appropriate party; however, each party
has a right to designate a different address by giving the other party fifteen (15) days
prior written notice of such designation:
If to LEISD:
Daniel Gallagher, Superintendent
LITTLE ELM Independent School District
300 Lobo Lane, PO Box 6000
Little Elm, TX 75068
If to CITY:
Troy C. Powell, City Manager
City of The Colony
6800 Main Street
The Colony, TX 75056
D.MANAGEMENT AUTHORITY: During the term of this Agreement, and any extensions
thereof, CITY agrees to provide adequate police and fire protection and other necessary
emergency services for the subject facilities at all times, and shall especially guard the
property from abuse through vandalism or wanton destruction. CITY and LEISD agree
that during the exercise of rights under this Agreement, occupancy shall be exclusive to
the parties. Each party shall have the right to remove and/or control occupancy of each
other’s premises as to third parties or the general public. CITY shall perform and
exercise all rights, duties and functions and services in compliance with all applicable
Federal, State and local laws and regulations. CITY and LEISD may establish
necessary rules and regulations as may be required to ensure the safe and orderly
operation of recreational programs and the subject facilities, provided that any such rules
and regulations do not conflict with CITY or LEISD policy or state and federal law.
E.CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use or
occupation of the subject facilities and property. It is expressly understood and agreed
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that in the execution of this contract, neither CITY nor LEISD waives, nor shall be
deemed to waive, any immunity or defense that would otherwise be available to each
against claims arising in the exercise of governmental powers and functions.
F.TERM: The term of this Agreement shall be for a period of two (2) years commencing on
the date first written above, and shall thereafter be automatically renewed from year to
year unless terminated sooner by either party in accordance with the terms herein.
G.ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if not
contained herein.
H.SEVERABILITY: In case any one (1) or more of the provisions contained herein shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalidity, illegality or unenforceable provision
had never been contain herein.
I.AUTHORITY: The undersigned officers and/or agents are authorized to execute this
contract on behalf of the partied hereto, and each party hereto certifies to the other that
any necessary resolutions extending such authority have been duly passed and are now
in full force and effect.
J.Each party shall promptly report to the other party any defects or dangerous conditions it
discovers on or concerning the other’s property, and shall cease any such use until such
defect or condition is repaired or cured, provided the reporting party shall have not have
an obligation to repair or cure any such defect of condition.
K.FORCE MAJEURE: No party shall be in default or responsible for delays or failures in
performance resulting from causes beyond its control. Such causes include but are not
limited to acts of God, fire, storm, flood, earthquake, natural disaster, pandemic,
epidemic, nuclear accident, strike, air traffic disruption, lockout, riot, freight embargo,
public regulated utility, or governmental statutes, orders, or regulations superimposed
after the fact. Any party delayed by force majeure shall give the other party written
notice of the delay. The party delayed shall use reasonable diligence to correct the
cause of the delay, if correctable, and if the condition that caused the delay is corrected,
the party delayed shall give the other party written notice thereof and shall resume
performance under this Agreement as soon as practicable. The date of delivery or of
performance shall be extended for at least a minimum time period equal to the time lost
by reason of the delay.
V.
TERMINATION
A.Any party may terminate this Agreement with or without cause, by giving written notice
ninety (90) days prior to the date of termination, to the other party. This Agreement may
be terminated in whole or in part and will apply only to the properties so identified in the
notice of termination. Upon termination, all permanent improvements and personal
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property shall remain the property of the party originally constructing or otherwise paying
for the same unless such property is not removed by the date of termination. Removal
of personal property or improvements shall be subject to Section II (I) and III (I) herein.
B.In the event the Board of Trustees of LEISD determines during the term of this
Agreement that it is in the best interest of LEISD to sell or construct improvements upon
all or any part of LEISD’s undeveloped property designated on Exhibit “A”, the terms of
this Agreement shall terminate as to the particular property(ies) so stated on LEISD’s
written notice to CITY of LEISD’s intent to sell/construct improvements on the property.
The effective date of termination of the Agreement as to the property(ies) stated on the
notice shall be the date ninety (90) days from the date of LEISD’s written notice to CITY.
VI.
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or remedy
herein by law or equity provided or permitted; but each shall be cumulative of every other right
or remedy given hereunder. No covenant or condition of this Agreement may be waived without
written consent of the parties. Forbearance or indulgence by either party shall not constitute a
waiver of any covenant or condition to be performed pursuant to this Agreement.
VII.
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; any venue for any action shall be
in State District Court of Denton County.
VIII.
SUCCESSORS AND ASSIGNS
This Agreement is binding on and inures to the benefit of the successors, executors,
administrators and assigns of the parties to this Agreement and affects the use of land and shall
run with the land. Neither CITY nor LEISD shall assign, sublet, subcontract or transfer
agreement without the written consent of the other party. No assignment delegation or duties or
subcontract under this contract shall be effective without the prior written consent of the other
party.
IX.
RECITALS AND ATTACHMENTS
The recitals and attachments to this Agreement are incorporated herein for all purposes as if set
out herein verbatim.
X.
EXECUTION
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This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
EXECUTED between the parties on the date first written above.
WITNESS:LITTLE ELM INDEPENDENT SCHOOL DISTRICT
By:___________________________By:_______________________________
, Secretary ,
Board of Trustees Superintendent of Schools
APPROVED AS TO FORM:
By: ____________________________
Name: Elisabeth Nelson
Attorney for LITTLE ELM ISD, Walsh Gallegos
CITY OF THE COLONY, TEXAS
By:____________________________By:_______________________________
Christie Wilson Troy C. Powell
City Secretary City Manager
APPROVED AS TO FORM:
By: ______________________________
Jeff Moore
City Attorney
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THE STATE OF TEXAS §
§LEISD ACKNOWLEDGMENT
COUNTY OF DENTON §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared ________________________________known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledge to me that he
executed same for and as the act and deed of LITTLE ELM INDEPENDENT SCHOOL
DISTRICT, a duly authorized Texas entity, with its executive office located in Denton County,
Texas, and as the representative thereof, and for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ______ day of
_____________ 2020.
__________________________________________________
My Commission Expires Notary Public In and For:
The State of Texas
_______________________________
Notary’s Printed Name
THE STATE OF TEXAS §
§CITY ACKNOWLEDGMENT
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared __________________, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
same for and as the act and deed of the City of The Colony, a municipal corporation of Denton
County, Texas, and as the City Manager thereof and for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ______ day of
______________, 2020.
______________________________________________________
My Commission Expires Notary Public In and For:
The State of Texas
____________________________
Notary’s Printed Name
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EXHIBIT “A”
LEISD FACILITY
The City of The Colony will have use of the following Little Elm Independent School District
facililties:
Prestwick Elementary: Gym and Undeveloped Property, located at 3101 Stonefield
The Colony TX 75056
Lowell H. Strike Middle School: Competition Gym, Practice Gym, Track, Artificial Turf
Competition Field and Practice Field, located at 8798 Scotty’s Lake Lane, The Colony TX
75056
Note: Other areas of LEISD facilities not listed can be authorized for use ONLY by
Superintendent or Designee.
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EXHIBIT “B”
CITY FACILITY
The Little Elm Independent School District will have use of the following City of The Colony
facilities:
The Colony Recreation Center: Gymnasium, located at 5151 N. Colony Blvd.
Five Star Complex: Athletic fields, located at 4100 Blair Oaks
The Colony Aquatic Park: Indoor pool, located at 5580 N. Colony Blvd.
Note: Other areas of City of The Colony facilities not listed can be authorized for use ONLY by
City Manager or Designee
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND LITTLE ELM INDEPENDENT SCHOOL DISTRICT
(LEISD), WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN AS “EXHIBIT”, FOR THE PURPOSE OF JOINT USE OF
FACILITES; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.That the City Managerof the City Of The Colony, Texas, is hereby authorized
and empowered to execute an Interlocal Cooperation Agreement with Little ElmIndependent School
District (LEISD) for the purpose to add the new Strike Middle School and allow the ability to
cancel/reschedule facility usage due to Force Majeure, with language now including pandemics and
epidemics, which is attached hereto and incorporated herein by reference as Attachment “Exhibit”.
Section 2.That a true and correct copy of the Interlocal Cooperation Agreement is
attached hereto and incorporated herein.
Section 3.This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October 2020.
_____________________________________
Joe McCourry, Mayor
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an agreement with US Ecology in the
amount of $435,928.00 for the annual contract of transportation and disposal of non-hazardous bio-solids.
(Stovall)
Suggested Action:
This is a routine bid for the hauling and disposal of bio-solids for the wastewater treatment plant. Staff received
only one bid for Bid No. 62-20-22 from NRC Gulf Environmental Services, Inc. (US Ecology) formally known as
SWS Environmental Services in our previous 2017 contract. The proposal and contract submitted has been
reviewed by the city attorney and has been determined satisfactory.
Staff recommends Council authorize the City Manager to enter into an agreement with US Ecology for an
annual contract in the amount of $435,928.00 for hauling of bio-solids with options to extend the contract for up
to three (3) one-year periods by consent of both parties.
Attachments:
2020 Bio-Solids Hauling Specifications.pdf
Proposal for Transportation and Disposal of Non-Hazardous Biosolids.pdf
Res. 2020-xxx US Ecology Environmental Services.doc
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Page
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BIO-SOLIDS HAULING SPECIFICATIONS
The City of The Colony is currently disposing of our generated bio-solids at the Camelot
Landfill located at 580 Huffines Blvd, The Colony, TX 75056. This location is negotiated
through Republic Services as necessary.
The contractor shall be responsible for hauling the bio-solids from The Colony’s Wastewater
Reclamation Facility to a permitted landfill in compliance with all local, state and federal rules
and regulations.
The contractor will supply the appropriate vehicle and (2)-30 cubic yd roll-off containers,
equipped in such a manner as to prevent any spillage, leakage, splashing, blowing or any other
accidental loss or discharge of the bio-solids (sealed tail gate, tarps, etc.). The track system for
the containers only allows for top fill end dump roll-off style containers.
The contractor must have a T.C.E.Q. transporter number.
The contractor will pay all disposal tipping fees and any other costs associated with bio-solids
hauling.
All bids will be in price per ton. The facility expects to generate aprox 5,800 tons of bio-solids
annually. 30 yd roll off containers avg 25yds and 16 tons when full.
The contractor response time to empty a container must be one (1) business day or less.
The contractor must supply a haul manifest that meets T.C.E.Q. requirements. In addition, an
agreement between the disposal site (Camelot Landfill) and the contractor (Republic Services)
allowing access of the successful bidder for the duration of this contract shall be supplied to the
City.
The City will provide the contractor with a copy of the annual bio-solids analysis (TCLP).
Failure to comply with any of these specifications will be cause for immediate cancellation of the
contract.
All questions should be posted on the BidSync web site located at www.bidsync.com.
The City of The Colony uses BidSync to distribute and receive bids and proposals. There is no
fee for registering or bidding on this bid.
The duration of the contract is one (1) year from date of acceptance. This contract can be
extended for up to two (2) one-year periods by consent of both parties. Any price increase at the
time of renewal will be structured not to exceed the average of the prior three months of the
Consumer Price Index (CPI).
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JR per NRC Legal
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH US ECOLOGY FOR THE
TRANSPORTATION AND DISPOSAL OF NON-HAZARDOUS BIO
SOLID WASTE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to enter into an agreement with NRC Gulf Environmental
Services, Inc. (US Ecology) for the transportation and disposal of non-hazardous bio solid waste;
and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
this agreement which is attached hereto and incorporated herein by reference as Exhibit “A”
under the terms and conditions provided herein; and
WHEREAS, the City of The Colony is agreeing to pay the sum of $435,928.00 for such
work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Proposal from NRC Gulf Environmental Services, Inc. (US Ecology),
having been reviewed by the City Council of the City of The Colony, Texas, and found to be
acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved.
Section 2. The City Manager is hereby authorized to execute the agreement on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
126
APPROVED AS TO FORM:
Jeff Moore, City Attorney
127
Agenda Item No:4.9
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute Change Orders # 3 and # 61 and pay
the final construction payment under the Advanced Funding Agreement with the Texas Department of
Transportation for Utility Construction on Main Street. (Hartline)
Suggested Action:
SUMMARY OF REQUEST: Consider approval of a resolution authorizing the City Manager to sign Change
Orders # 3 and # 61 and pay the final construction payment under the Advanced Funding Agreement (AFA) with
the Texas Department of Transportation (TxDOT) for Utility Construction on Main Street.
Background:
An Advanced Funding Agreement between the City of The Colony and TxDOT was approved on February 15,
2012 that authorized TxDOT to construct city water and wastewater utilities along FM 423 using TxDOT’s
roadway contractor. Utility relocations began in September 2014 and were substantially completed in
approximately 2018. TxDOT has now submitted the final utility costs that are owed by the city based on the
actual completed quantities of work performed in the field by their contractor. Based on the submission, the city
owes TxDOT a total of $ 1,463,288.52.
The final utility costs that are owed to TxDOT by the city pursuant to the AFA are documented in Attachment B.
The final quantities for all bid items necessary to complete the utility relocation project are documented in the
attached Final Contractors Estimate. Copies of Change Orders #3, #51 and # 61 are also attached for review
and are described further below.
Change Order # 3 (Utility Potholing) - $ 38,988.30 – Previously approved by City Manager.
Change Order # 51 - $ 278,854.72 – Previously approved by City Council
(Increase in unit quantities and associated costs needed to complete the project.)
Change Order # 61 – $ 1,089,420.59
(Increase in unit quantities and associated costs needed to complete the project.)
The final estimate also includes mobilization costs and calculated Betterment and Engineering/Contingency
charges based on the agreed percentages outlined in the AFA.
Recommendations:
Staff has reviewed the final utility costs submitted by TxDOT and recommends approval of Change Order # 3
and # 61 and approval for the City Manager to pay TxDOT $ 1,463,288.52 in accordance with Attachment B.
Staff recommends payment of the $1,463,288.52 owed to TxDOT from the funding sources provided below.
$ 370,031.73 from Fund No. 822 - City Hall Parking Lot Fund
128
$ 3,836.20 from Fund No. 895 - Balance of Funds from Memorial Blair Oaks Project
$ 1,089,420.59 – from future RTR Funding - Denton County (John Polster) has agreed to assist the city in
funding this amount using a future additional RTR payment to the city. The city will then pay TxDOT upon
receipt of the funding.
Attachments:
Final Utility Cost Spreadsheet
TxDOT Change Orders
Contractors Final Estimate
Res. 2020-xxx TXDOT Final Change Orders #3 and #61.doc
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165
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
ADVANCE FUNDING AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR UTILITY
CONSTRUCTION ON MAIN STREET; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL PAYMENT FOR CHANGE
ORDERS UNDER THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City and the Texas Department of Transportation have entered into an
ADVANCE FUNDING AGREEMENT to authorize a final payment for change orders in the
amount of $1,463.288.52 for utility construction on Main Street (F.M. 423); and,
WHEREAS, the project has been approved and funded by Denton County and the
Regional Transportation Council at the North Texas Council of Governments for funding under
the Memorandum of Understanding from regional toll revenue (RTR) for the S.H. 121 toll
project; and,
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the agreement with the Texas Department of Transportation, which is attached hereto and
incorporated herein by reference the FINAL CONSTRUCTON CONTRACT CHANGE
ORDERS as Exhibit “A”,under the terms and conditions provided therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The Advance Funding Agreement, which is attached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and
found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby,
in all things approved, and the City Manager is hereby authorized to execute the Agreement on
behalf of the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_____________________________
Tina Stewart, TRMC, City Secretary
166
APPROVED AS TO FORM:
Jeff Moore, City Attorney
167
Agenda Item No:4.10
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute Change Order # 54 and pay the final
construction payment under the Advanced Funding Agreement with the Texas Department of Transportation for
miscellaneous requested construction services for Main Street. (Hartline)
Suggested Action:
SUMMARY OF REQUEST: Consider approval of a resolution authorizing the City Manager to sign Change
Order # 54 and pay the final construction payment under the Advanced Funding Agreement (AFA) with the
Texas Department of Transportation (TxDOT) for miscellaneous requested construction services for Main
Street.
Background:
An Advanced Funding Agreement between the City of The Colony and TxDOT was approved on September 7,
2010 that authorized TxDOT to construct miscellaneous requested items along FM 423 using TxDOT’s
roadway contractor. These items included clam shell bases for traffic signal poles, Illuminated Street Signs,
adding decomposed granite in medians, drill shafts, a retaining wall item and mow strips.
Roadway construction began in September 2014 and the project was substantially completed in approximately
2018. TxDOT has now submitted the final miscellaneous costs that are owed by the city based on the actual
completed quantities of work performed by the contractor and authorized Change Orders. Based on the
submission, the city owes TxDOT an additional $ 181,760.41.00 for this work.
The final miscellaneous costs that are owed to TxDOT by the city pursuant to the AFA are documented in the
attached Statement of Cost provided by TxDOT. The final quantities for all bid items necessary to complete the
relocation project are documented in the attached Final Contractors Estimate. This estimate includes the
miscellaneous work that was performed for the city. Copies of Change Orders # 25, #30, #42, #43, #46 and #
54 are also attached for review and are described further below.
Change Order # 25, #30, #42, #43 and #46 - Previously approved by City Council.
Change Order # 54 - $ 12,355.42 – Remove and replace Valero Street Light that had to be removed to facilitate
placement of city waterline.
The final estimate also includes mobilization costs and direct state costs calculated based on the agreed
percentages outlined in the AFA.
Recommendations:
Staff has reviewed the final miscellaneous costs submitted by TxDOT and recommends approval of Change
Order # 54 and approval for the City Manager to pay TxDOT $ 181,760.41 in accordance with the attached
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Statement of Cost summary from TxDOT. Staff recommends payment from the funding source provided
below.
$ 181,760.41 - Fund No. 895 - from fund balance from Memorial Dr./Blair Oaks Dr. Intersection Project.
Attachments:
Statement of Cost
Contractors Estimate Package
TxDOT Change Orders
Res. 2020-xxx TXDOT Final Change Order #54.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
ADVANCE FUNDING AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR UTILITY
CONSTRUCTION ON MAIN STREET; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL PAYMENT FOR CHANGE
ORDERS UNDER THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City and the Texas Department of Transportation have entered into an
ADVANCE FUNDING AGREEMENT to authorize a final payment for change orders in the
amount of $181,760.41 for utility construction on Main Street (F.M. 423); and,
WHEREAS, the project has been approved and funded by Denton County and the
Regional Transportation Council at the North Texas Council of Governments for funding under
the Memorandum of Understanding from regional toll revenue (RTR) for the S.H. 121 toll
project; and,
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the agreement with the Texas Department of Transportation, which is attached hereto and
incorporated herein by reference the FINAL CONSTRUCTON CONTRACT CHANGE
ORDERS as Exhibit “A”,under the terms and conditions provided therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The Advance Funding Agreement, which is attached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and
found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby,
in all things approved, and the City Manager is hereby authorized to execute the Agreement on
behalf of the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_____________________________
Tina Stewart, TRMC, City Secretary
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APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:4.11
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to amend the Purchasing Policy by increasing the
dollar requirement from $3,000.00 to $5,000.00 for obtaining a purchase order and 3 quotes. (Cranford)
Suggested Action:
Pre-certified service vendors will be used for most service such as electrical, HVAC, and plumbing work.
Majority of the purchased items under $5,000 are reoccurring and the required 3 quotes rarely produces
material cost savings.
Attachments:
Purchasing policy amended 2020.doc
Res. 2020-xxx Purchasing Investment Policy Amendment 2020.doc
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Schedule A
CITY OF THE COLONY
ADMINISTRATIVE POLICIES AND PROCEDURES
SECTION:FINANCE/PURCHASING
TOPIC:PURCHASING PROCEDURES
REFERENCE:(NUMERICAL BY CITY SECRETARY)
A.PURPOSE
The purpose of this policy is to establish standard practices and procedures to create an
efficient and effective purchasing program for the City of The Colony.
B. POLICY
It is the policy of the City of The Colony, as economical as possible, purchase items or
services in a manner that facilitates operating activity and is consistent with Local
Government Code. Whenever possible, the city will solicit quotes/bids from businesses
located within the city limits. The criteria for purchasing goods and services will be based
on the “Best Value” criteria as stated in Section 252.043 of the Local Government Code.
Purchases greater than $5,000 and less than $50,000.Require a requisition and three
quotes unless the the item is an identified type as explained below or a sole source.
Quotes are not required for pre-certified vendors for projects up $15,000.
Pre-certified Vendors process.Annually, Purchasing will solicit department
recommendations of vendors in key service areas such as HVAC, electrical,
plumbing, remodeling, etc. Purchasing will also request annual quotes from
recommended vendors and provide a listing in City Share for department’s use.
The annual limit, citywide, is $50,000 per vendor. Once the dollar amount reaches
$45,000, continued use of this vendor will be monitored to determine if additional
purchases should be formally bid in the future.
Purchases greater than $50,000.No purchase or contract for any goods or services in the
amount of fifty thousand dollars ($50,000) or more shall be authorized without first
having complied with the competitive bid requirements under state law and approval by
City Council. The competitive bid requirements under this policy include the use of an
interlocal purchasing agreement entered into in accordance with state law.
Emergency purchases, a procurement made because of a public calamity that requires
the immediate appropriation of money does not require bids, only prior signature or
verbal approval by an Assistant or City Manager.A Purchase Authorization form with
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Assistant or City Manager approval and invoices should be completed and turned into
Purchasing as soon as possible.
E. PROCEDURES
1.Purchases or annual contracts up to $5,000:– No requisition or quotes are required.
Director or manager’s signature on a Purchase Authorization Form and attached invoice
are sent to Accounts Payable for payment. Director has responsibility to ensure budgeted
funds are available.
2.Purchases $5,000 to $49,999.99:No quotes are required if a pre-certified contractor is
used. No requisition is necessary for purchases of identified types (i.e. dues,
subscriptions, memberships, warranties, refunds, training, licenses, utilities, or general
legal) or purchases from a sole source.
Other purchases: The requisitioning department shall contact the Purchasing Agent to
determine if there is a HUB or local businesses providing the service or product. If so, of
the three required quotes one will be from a HUB business, and if possible, one from a
local vendor. Quotes must list the company name, date of quote, dollar amount, and name
of individual quoting. The Department will obtain and analyze at least three written
quotes, select a vendor, and provide a Requisition along with the quotes to the Purchasing
Agent for review. If approved a purchase order will be issued. A copy of the purchase
order will be sent back to the Department to be attached to each subsequent PA sent in
for payment. A Payment Authorization form signed by Director or Manager, invoice, and
requisition are sent to Accounts Payable for payment. Director has responsibility to
ensure budgeted funds are available.
3.Purchases from a Sole Source Vendor:A sole source is defined as the only supplier that
can provide the goods or products. Please have vendor send their Sole Source Letter to
the Purchasing Agent.
Purchases from a sole source vendor are paid by a Payment Authorization Form with
attached invoice sent to Accounts Payable. Each sole source vendor needs to have a
director approved sole source vendor letter on file with the purchasing agent before
payment will be made.
4.Purchases through approved Interlocal agreements with other cities that have gone out for
bids, State cooperative purchase programs, regional Council of Government (COG)
programs, or BuyBoards do not require quotes.
5.Purchases $50,000 and above:– Purchased by the Purchasing Agent
a.The User Department shall forward a request, along with specifications and any
other pertinent information, to the Purchasing Agent asking for the preparation of
a bid package, as well as, suggested vendors for the item(s) requested.
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b.The Purchasing Agent shall develop a bid package and post on the BidSync web
site. Any local vendors available will be determined, and given to BidSync to
distribute. A notice will be published in The Dallas Morning News to indicate the
City’s intent to accept bids in accordance with State law.
c.Vendor pre-bid conferences may be conducted if, in the opinion of the Purchasing
Agent and requesting Department, further explanation or coordination is needed
due to the nature of the bid.
d.The Purchasing Agent shall open bids at a designated time and place as indicated
in the bid packet. On-line bids will be downloaded as well. Paper bids will be
input into the BidSync bid sheet, and tabulated. A representative from the User
Department should be present during bid openings.
e.The Purchasing Agent shall distribute the bid tabulation to the User Department
and post on the City’s BidSync web site.
f.The User Department shall review all documents and provide a written award
recommendation to the Purchasing Agent.
g.The Purchasing Agent shall review and evaluate all bid documents, including
departmental recommendations, to insure total compliance with all City policies
and State laws.
h.If the total amount of the purchase exceeds $50,000, the requisitioning
Department shall prepare an agenda package for City Council approval. As per
Section 271.905 of the Local Government Code, if a local vendor is within five
(5%) percent of the lowest non-local vendor, a note will be sent to the City
Council so it can make a determination, in writing, if the local vendor offers the
best combination of contract price and additional economic development
opportunities for the local government. This applies only to purchases of real
property or personal property not affixed to real property.
i.If approved by the City Council, the Purchasing Agent will assign a Purchase
Order number, notify the successful vendor and distribute copies of the P. O. to
staff.
j.If not approved, or postponed until additional information is provided, no
purchase order or award may be issued without subsequent Council authorization.
k.The User Department shall be responsible for the acceptance of products by
verifying specifications and inspecting the quality and quantity of all items
received.
l.Purchase Order corrections or changes shall be made by the issuer of the original
document or his designee.
PURCHASE ORDER/CONTRACT CHANGE ORDERS
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1.For original requisitions between $5,000 and $49,999.99, increasing or decreasing the
original order by not more than 25 percent shall be approved by the Department Director
or his/her designee (unless the change order brings the total purchase in excess of the
$50,000 bidding threshold).
2.For original purchase orders greater than $50,000, change orders increasing or decreasing
the original contract or bid amount by less than $50,000 (not to exceed 25 percent of the
original contract), shall be approved by the City Manager or his designee.
3.In no case shall the combined total of all change orders exceed an increase of 25 percent
of the original contract amount.
4.For original purchase orders greater than $50,000, a change order may not decrease the
original contract or bid amount by more than 25 percent without contractor approval.
5.Change orders causing the original purchase orders to become equal to or greater than
$50,000 in the aggregate of all change orders, shall be submitted to the City Council,
regardless of the amount of increase.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE ADMINISTRATIVE POLICIES
AND PROCEDURES, PURCHASING POLICY AS AMENDED, FOR THE
CITY OF THE COLONY, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT A; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS,the City of The Colony annually reviews the purchase Policy; and
WHEREAS,the City of The Colony has previously amended the Purchasing Policy by
Resolution 2016-077 on the 1
st day of November 20; and
WHEREAS, the City Council desires to amend said Purchasing Policy;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The City Council of the City of The Colony hereby approves the
Administrative Policies and Procedures for Purchasing Policy, which is attached hereto
and incorporated herein as “Exhibit”as the purchasing policy for the City of The
Colony.
Section 2. That the Purchasing Policy as adopted herein shall govern purchasing
decisions for the City of The Colony.
Section 3. This resolution shall become effective immediately from and after its passage,
as the law and charter in such cases provides.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 7th day of October 2020.
_____________________________
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary,
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APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:4.12
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Chris Cuellar
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to renew an enterprise GIS license agreement
with ESRI for 3 years in the amount of $35,000.00 per year for a total of $105,000.00. (Cuellar)
Suggested Action:
Attachments:
ESRI 3 Year Agreement.pdf
ESRI Background Information.doc
Res. 2020-xxx ESRI GIS License Agreement.doc
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BACKGROUND INFORMATION
Information Technology
TO:Mayor, City Council, and City Manager
DATE SUBMITTED:September 28, 2020
MEETING DATE:10/7/2020
SUMMARY OF
REQUEST:
Consider renewal of the enterprise GIS license agreement for 3
years
Background:
The City of The Colony has utilized ESRI’s GIS software since 1999 and the software is used
to provide a number of services including the following:
Allows for the creation of interactive maps for staff and the public to easily locate
various utilities including water, sewer, storm, and fire hydrants
Allows for the creation of maps which are used by Police and Fire to locate addresses
during emergency calls
Used to maintain a street centerline layer which is used by Denton County 911
Allows for the creation of maps showing new developments which are used by
Planning and Development
Other software systems in use by the City are directly integrated with the GIS system
including applications used by public works and code enforcement
The first enterprise GIS agreement was signed on 12/17/2008 and the City has continued to
extend this contract at $35,000 per year since 12/2010.
This is a standard agreement used by a number of cities in the area including Keller, Highland
Village, University Park, Wylie, Weatherford, Colleyville, Addison and Rockwall.
Purpose:
Renewal of the City’s enterprise GIS agreement is needed to continue providing map services
to the public and staff.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A CONTRACT BY AND BETWEEN
THE CITY OF THE COLONY AND ESRI, INC FOR A 3 YEAR
RENEWAL OF AN ENTERPRISE GIS LICENSE AGREEMENT; WHICH
IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“ESRI 3 YEAR AGREEMENT”; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City and ESRI, Inc. have entered into a contract for the renewal of an
enterprise GIS license agreement; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the contract with ESRI, Inc., which is attached hereto and incorporated herein by reference as
Exhibit “ESRI 3 Year Agreement,” under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum of
$105,000.00 for a three (3) year contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Contract which is attached hereto and incorporated herein as Exhibit "ESRI
3 Year Agreement", having been reviewed by the City Council of the City of The Colony, Texas,
and found to be acceptable and in the best interest of the City and its citizens, be, and the same is
hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and
shall continue until completion of the services provided by ESRI, Inc. and it is so resolved.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October, 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
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ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute annual contracts with
Utility Service Co., Inc. for inspection and maintenance services of storage tanks located at 5722 N. Colony
Boulevard and 5033 Clover Valley. (Arthur)
Suggested Action:
Attachments:
The Colony TX 1MG N. Colony Clearwell Contract.pdf
The Colony TX 400KG Concrete Clover Valley Contract.pdf
Res. 2020-xxx Water Tank Maintenance Contracts.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER
TO EXECUTE A WATER TANK MAINTENACE CONTRACTS
BETWEEN THE CITY OF THE COLONY AND UTILITY
SERVICE CO., INC. TO PROVIDE INSPECTION AND
MAINTENANCE SERVICES AS SPECIFIED IN THE ATTACHED
EXHIBITS ; PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas finds it the
best interest of its citizens to authorize a water tank maintenance contracts between the
City of The Colony and Utility Service Co., Inc., for inspection and maintenance services
of storage tanks located at 5722 N. Colony Boulevard and 5033 Clover Valley; as
specified in the attached exhibits, and under the terms and conditions provided therein.
Section 2.That the City Council hereby approves authorizing the City
Manager to execute the maintenance agreement.
Section 3.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 7th day of October 2015.
___________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_______________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
_______________________________
Jeff Moore, City Attorney
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to allocate funding from the CARES
ACT Coronavirus Relief Fund (CRF) to Lewisville ISD for the purchase of internet solutions for students from
the City of The Colony. (Perez)
Suggested Action:
Attachments:
Operation connectivity agenda item narrative.docx
Operation Connectivity Two-Pager.pdf
Res. 2020-xxx Approving Funding for LISD Internet Hot Spots and Devices.docx
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Governor Abbot and Texas Legislative leaders have allocated $200 million in CARES Act Coronavirus
Relief Fund (CRF) funding to match $200 million in local district funding. This combined $400 million in
bulk buying power will be used to cover the purchase of internet solutions such as hot spots and e-
learning devices for Texas’ School districts, with the goal of providing connectivity technology for all
students who would not otherwise have them. The Texas Education Agency has made
Local Education Agencies (LEAs) are eligible for additional state Coronavirus Relief Fund (CRF) fund
matching if they receive funding from their local city or county CRF or EA’s bulk order program. The
Texas Education Agency(TEA) will increase its funding matching by $1 for every $1 of local CRF that LEAs
receive, up to a maximum of 25% of the expenditure approved and allocated by TEA (based on the
number of economically disadvantaged students
The percentage of TCHS Feeder students that are identified as being on FREE AND REDUCED LUNCH for
ALL grades: 49% (2817 out of 5739 total students)
The count of TCHS Feeder students in grades PK-3 who will receive an iPad to use: 1637
The count of TCHS Feeder students in ALL grades that said NO to having Internet on LISD annual back to
school forms. They would be eligible to receive a Verizon hotspot with 12 months of service: 179
An example of how the funding/reimbursement model would work can be found below:
$100,000 LISD total bulk order of devices/hotspots
$10,000 City contribution:
$60,000 TEA state CRF fund contributes: Base match of $50,000 + 10,000(city contribution)
$30,000 LISD contributes remainder of balance and is reimbursed by TEA upon successful
application.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
ALLOCATE $FROM CARES ACT
CORONAVIRUS RELIEF FUND (CRF) FUNDING TO THE
LEWISVILLE INDEPENDENT SCHOOL DISTRICT TO COVER THE
PURCHASE OF INTERNET SOLUTIONS SUCH AS HOT SPOTS AND E-
LEARNING DEVICES FOR STUDENTS FROM THE CITY OF THE
COLONY, TEXAS; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the Lewisville Independent School District (hereinafter referred to as the
“LISD”) has requested from the City of The Colony, Texas (hereinafter referred to as the “City”)
financial assistance to cover the purchase of Internet solutions such as hot spots and e-learning
devices for City of The Colony, Texas, students attending LISD schools; and
WHEREAS,the LISD is eligible for additional state Coronavirus Relief Fund (“CRF”)
fund matching if the LISD receives funding from their local city or county CRF; and
WHEREAS,City Council of the City of The Colony, Texas, finds and determines that
providing $from CARES Act Coronavirus Relief Fund (CRF) funding to the
Lewisville Independent School District to cover the purchase of Internet solutions such as hot
spots and e-learning devices for students from the City of The Colony, Texas, serves a public
purpose and municipal purposes, consistent with Article III, Section 52 of the Texas
Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
Section 2.The City Council of the City of The Colony, Texas, has duly reviewed and
considered and hereby authorizes the City Manager to allocate $ , from
the CARES Act Coronavirus Relief Fund (CRF) funding to the Lewisville Independent School
District to cover the purchase of Internet solutions such as hot spots and e-learning devices for
students from the City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its passage.
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PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of October 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation -
Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding commercial or financial information the city has received from a business
prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
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Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos
Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric
Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
Suggested Action:
Attachments:
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