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Home My WebLink About2021 0518Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Announcement Agenda Section: Subject: Presentation on Grandscape winning the DCEO Award. (Samford) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Receive a joint presentation from the Parks and Recreation, Eiger and Volunteers of America LPGA regarding Fourth of July activities. (Nelson/Baxter) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 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: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for May 4, 2021. (Stewart) Suggested Action: Attachments: May 4, 2021 DRAFT Minutes.docx 8 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 MAY 4, 2021 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 4 th day of May 2021, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Kirk Mikulec, Deputy Mayor Pro Tem Richard Boyer, Mayor Pro Tem Brian Wade, Councilmember David Terre, Councilmember 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 in this meeting remotely via videoconference. 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:31 p.m. 1.2 Invocation Pastor Jess Allen with Horizons 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 acknowledging May 6, 2021 as “National Day of Prayer” in The Colony. Mayor McCourry proclaimed May 6, 2021 as the “70th National Day of Prayer" in the City of The Colony. 1.6 Proclamation acknowledging May 2-8, 2021 as “Municipal Clerks Week”. Mayor McCourry proclaimed the week of May 2 through May 8, 2021 as "Municipal Clerks Week". City Secretary, Tina Stewart accepted the proclamation. 1.7 Proclamation acknowledging May 9-15, 2021 as “Economic Development Week”. Mayor McCourry proclaimed May 9 through May 15, 2021 as "Economic Development Week".Economic Director, Keri Samford accepted the proclamation. 9 City Council – Regular Meeting Agenda May 4, 2021 Page| 2 1.8 Proclamation acknowledging the month of May as “Motorcycle Awareness Month”. Mayor McCourry proclaimed the month of May as “Motorcycle Safety and Awareness Month”. 1.9 Proclamation acknowledging the month of May as “National Bike Month”. Mayor McCourry proclaimed the month of May as “National Bike Month”. Park Development Manager, Eve Morgan accepted the proclamation. 1.10 Items of Community Interest 1.10.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Lindsey Stansell presented the upcoming events for the Parks and Recreation Department. 2.0 CITIZEN INPUT Karen McGuffin, 4829 Wagner Drive and Paula Kelly, Roberts Drive, spoke concerning the upcoming Soup-N-Bowl Event. The event will be on Saturday, May 15, 2021 at the Cascades Conference Center from 11:00 a.m. to 2:00 p.m. Ms. McGuffin thanked City Council for their support and participation. 3.0 WORK SESSION 3.1 Receive a presentation from the Children's Advocacy Center for North Texas. Amy Ferdinando with Children's Advocacy Center of North Texas provided a presentation on this item. 3.2 Discuss and provide direction to staff regarding the annual Boards and Commissions re-appointment process; specifically those with terms set to expire June 30, 2021. 3.3 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approveall items from the Consent Agenda-Mikulec; second byWade,motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for April 20, 2021. 10 City Council – Regular Meeting Agenda May 4, 2021 Page| 3 4.2 Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company LLC's requested rate change. RESOLUTION NO. 2021-031 4.3 Consider approving an ordinance amending the budget to increase the approved Fiscal Year 2020-2021 Storm Water Utility budget in the amount of $90,000.00 for the Alta Oaks Lane Drainage Improvement Project. ORDINANCE NO. 2021-2438 4.4 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $74,792.25 with URETEK USA, Inc. for the Alta Oaks Lane Drainage Improvements Project. RESOLUTION NO. 2021-032 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance regarding a Site Plan application for The Colony Plaza, a multi-building commercial and medical office development located on an approximately 3.845 acre tract of land located south of the southwest intersection of Lake Ridge Drive and Main Street, within the Shopping Center (SC) zoning district and Gateway Overlay District. Senior Planner, Isaac Williams, presented the proposed site plan ordinance to Council. Mr. Williams reviewed the land use analysis, circulation and parking, building elevations and the plans for various landscaping. The Development Review Committee finds that the site plan meets all applicable requirements. On April 13, 2021, the Planning and Zoning Commission voted (5-2) to recommend approval of the proposed ordinance request. Council provided discussion on this item. Mariela Lamburg, Colony 72 LLC Representative, provided clarification on the proposed project. Motion to approve- Marks; second by Mikulec, motion carried with all ayes. ORDINANCE NO. 2021-2439 Executive Session was convened at 7:42 p.m. 11 City Council – Regular Meeting Agenda May 4, 2021 Page| 4 6.0 EXECUTIVE SESSION 6.1.A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code regarding contemplated litigation, including commencement of Chapter 54 of the Texas Local Government Code cause of action, concerning 7413 Water's Edge Court. Regular Session was reconvened at 8:06 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding 7413 Water's Edge Court. No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:07 p.m. APPROVED: __________________________________ /s/Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ /s/Tina Stewart, TRMC, CMC City Secretary 12 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 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 a contract in the amount of $100,776.00 with Weisinger Inc. for the rehabilitation, pump and motor repair of Trinity Well No. 1 located at 5033 Clover Valley. (Arthur) Suggested Action: Attachments: BID 66-21-14 Trinity Well #1 Rehab Pump Repair BID TABULATION.xlsx BID 66-21-14 Trinity Well #1 Rehab & Pump Repair Original BID PACKET_Attachment A.pdf BID 66-21-14 Trinity Well #1 Rehab Pump Rehab Professional Services Agreement.pdf Res. 2021-xxx Weisinger Inc. Bid.docx 13 Item Qty Detailed description of items in the scope of Work List Brand, Model Number, Size & Manufacture of Equip included in BID 1 1 Vertical Turbine Pump, Peerless 12LDL - 10 Stage Pump, 750GPM @ 720 FT TDH, Setting = 860 FT Goulds 12CLC-11 stage pump, 750GPM @ 720 ft. TDH (see attached pump curve) 2 42 Replace 8" X 20' column Pipe, T & C (840')Custom Pipe & Fabrication, Inc. 3 1 Replace 8" X 10' Column Pipe, T & C - Top Column Custom Pipe & Fabrication, Inc. 4 1 Replace 8" X 10' Column Pipe, T & C - Bottom Column Custom Pipe & Fabrication, Inc. 5 1 Replace 8" X 5' Suction Pipe with Screen Custom Pipe & Fabrication, Inc. 6 43 Replace 43 2.5" X 8" Black Widow Rubber Centralizing Spiders Custom Pipe & Fabrication, Inc. 7 90 Replace 2.5" X 5' Oil Tubes RH Custom Pipe & Fabrication, Inc. 8 172 1-11/16" X 2.5" Bronze Tube Bearings RH Custom Pipe & Fabrication, Inc. 9 1 Replace Top Shaft 1 - 11/16" X 117- 3/8" 416SS 8TDH LH Machined by Weisinger Inc 10 37 Reuse, Clean, Straiten and Flip Intermediate Shafts 1 - 11/16" X 20' 416SS T & C 8TDH LH Performed by Weisenger Inc 11 5 Replace Bottom Shaft 1 - 11/16" X 20' 416SS T & C 8TDH LH Custom Pipe & Fabrication, Inc. 12 1 Replace Bottom Shaft 1 - 11/16" X 10' 416SS T & C 8TDH LH Custom Pipe & Fabrication, Inc. 13 1 Reuse Head Shaft 1 - 11/16" X 51 - 1/2" 416SS 14 45 Reuse 1 - 11/16 8 TDH LH Shaft Couplings 15 1 Replace Tension Bearings 1 - 11/16" X 2.5"Machined by Weisinger Inc Parts, Materials, Equipment & Labor 14 16 1 Replace Stainless Steel Airline with Plastic Coating New Hardware & Pressure Gauge. Stainless Steel Bands. PVC Coated 1/4" SS Airline; ENFM 0 - 200 PSI Pressure Gauge 17 1 Replace 1/4" (Toro) Polly Airline with New Hardware & Pressure Gauge PVC Coated 1/4" SS Airline; ENFM 0 - 200 PSI Pressure Gauge 18 1 Reuses Existing Pump Head, Recondition Interior & Exterior Coatings Recondition Performed by Weisinger Incorporated 19 1 2 Year Performance Bond Employers Mutual Casuality Company 20 1 Provide Field Service Crew & Rig to Install Pumping Equipment & Start-up Services for Pump Equipment Performed by Weisenger Inc 21 1 Gout in & Seal Gap between Well Sole Plate & Concrete Pump Base Performed by Weisenger Inc 22 1 Set-up discharge pipe to perform 2-hour pump test Performed by Weisenger Inc 23 1 Miscellaneous shop Supplies/Materials 24 1 Assemble tubes & shafts. Make ready for install.Performed by Weisenger Inc 25 1 Miscellaneous shop Supplies/Materials TOTAL 1 1 Rebuild & install, Rebuilt 200HP VTP Motor is to be rebuilt by Brandon & Clark, Fort Worth, TX. Motor is currently at Brandon & Clark The City's existing 200HP Motor GRAND TOTAL Items to be Included with Bid Documents Weisinger Inc. Documents Attached Yes/No 15 Pump Curves, Materials List, Copies of product Manufactures submittals Yes Sub-Contractor List, used on Project Listing there Trade & Qualifications NA Copy of Pump Installers Licenses Yes Company Safety Program & Standards Yes Provide a list of any Major Accidents occurred over the Past 5 Years NA Submit a list of least 20 references from clines within the past 5 years Not Finding Provide a list documenting the dates of th 50 Pumps Installed over the past 5 Years with capacities 150 GPM or more and set at Depths over 500ft Yes W-9 Forms Yes 2 Year Maintenance Performance bond for full scope of project on all rebuilt, reused and new parts. Maintenance bond will include two annual performance testing after initial start-up testing. Yes 16 Recieved Electronically Recieved Electronically Cost Tabulation for Weisinger Inc. List Brand, Model Number, Size & Manufacture of Equip included in BID Cost Tabulation for Jurgensen Pump List Brand, Model Number, Size & Manufacture of Equip included in BID 18,120.00$ Goulds 11CHC - 11 Stage 16,300.00$ J11MC 11 Stage - National Pump Company $640.00/EA $26,880.00 Not American made 28,800.00$ Custom Pipe 440.00$ 500.00$ Custom Pipe 365.00$ 500.00$ Custom Pipe 530.00$ 550.00$ Custom Pipe $13.00/EA $559.00 950.00$ Custom Pipe $65.00/EA $5,850.00 6,200.00$ Custom Pipe $63.00/EA $10,836.00 12,700.00$ Custom Pipe 340.00$ 450.00$ Custom Pipe $33.00/EA $1,221.00 500.00$ $645.00/EA $3,225.00 4,000.00$ Custom Pipe 340.00$ 400.00$ Custom Pipe 235.00$ -$ $0.00 to Re-Use ($41.00/EA New, Recommended) -$ 705.00$ 800.00$ Custom Pipe 17 1,600.00$ 2,000.00$ 475.00$ 300.00$ 565.00$ 500.00$ 3,795.00$ 4,300.00$ 10,005.00$ 10,500.00$ 665.00$ 500.00$ 860.00$ 500.00$ 565.00$ 1,500.00$ 1,940.00$ 10,000.00$ 565.00$ -$ 90,681.00$ 102,750.00$ 10,095.00$ 10,000.00$ 100,776.00$ 112,750.00$ Alsay Inc. Documents Attached Yes/No Comments Jurgensen Pump Document Attached Yes/No 18 NA NA Yes NA NA NA No Listed but license not attached Yes No No Not included NA NA NA No List included Yes Yes 6 Wells Listed - Detailed Then just a list was supplied to The Colony with "no details" Yes No Yes Yes Yes 19 Received Paper Form Cost Tabulation for Alsay Inc. 20,000.00$ 42,000.00$ 700.00$ 600.00$ 600.00$ 860.00$ 9,000.00$ 17,200.00$ 700.00$ 1,480.00$ 1,000.00$ 500.00$ 400.00$ 4,500.00$ 1,000.00$ 20 4,500.00$ 4,500.00$ 1,400.00$ 15,000.00$ 20,000.00$ 300.00$ 2,100.00$ 1,400.00$ 3,200.00$ 1,400.00$ 154,340.00$ 40,000.00$ 194,340.00$ 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 1 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 Weisinger, Inc. (“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 BID 66-21-14 TRINITY 1 WELL PUMP 7 MOTOR REHAB (“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 sufficiency 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. 48 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 2 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. 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”). 49 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 3 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 as more specifically set forth in Exhibit A by payment of a fee not to exceed $100,776.00. 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. Article VI 50 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 4 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. 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 51 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 5 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: Troy C. Powell, 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 injury 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 damages 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. 52 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 6 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. Article X Miscellaneous 53 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 7 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: If intended for City: With Copy to: Troy C. Powell Jimmy Arthur City Manager City of The Colony 54 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 8 City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 If intended for Professional: ______________________ ______________________ ______________________ ______________________ ______________________ 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 employees, 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 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 55 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 9 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 Agreement. 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. 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. 56 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 10 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 _____________________, 2021. City of The Colony, Texas By: Troy Powell, City Manager Attest: Tina Stewart, City Secretary EXECUTED this _______ day of _____________________, 2021. Professional By: Name: ____________________________________ Title: ____________________________________ Attest: Secretary 57 Exhibit A Scope of Services 58 Exhibit B Work Schedule 59 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _____ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND WEISINGER INC., FOR THE REHABILITATION, PUMP AND MOTOR REPAIR OF TRINITY WELL NO. 1 LOCATED AT 5033 CLOVER VALLEY; 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, has duly reviewed and considered the agreement and hereby awards a bid to Weisinger Inc., in the amount of $100,776.00 for the rehabilitation, pump, and motor repair of Trinity Well No. 1 located at 5033 Clover Valley. Section 2. That this agreement is found to be acceptable and the City Manager or his designee is authorized to issue the appropriate purchase order(s) in accordance with the bid award. 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 COUNCIL, TEXAS THIS 18th DAY OF MAY 2021. _____________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 60 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: David Swain Submitting Department: Parks & Recreation Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss, and consider an ordinance adopting the Standards of Care Policy for Day Camp Programs (Swain) Suggested Action: Parks & Recreation staff recommend approval of this item. Attachments: 2021 Standards of Care Memo.pdf 2021 Standards of Care Policy.pdf 2021 Standards of Care and Ordinance.pdf Ord. 2021-xxxx 2021 Standards of Care and Ordinance.doc 61 1 City of The Colony Parks & Recreation Memo To: Mayor and City Council From: Amber Downing, Recreation Supervisor CC: Pam Nelson, Community Services Director Troy Powell, City Manager David Swain, Recreation Manager Date: 5/4/2021 Re: Standards of Care for Kidz Kamp Having a standards of care ordinance allows the City to receive an exemption certificate from the Texas Department of Family Protective Services, which states that we are not a licensed day care facility and as a municipal recreation program are not subject to the same rules and regulations as a licensed day care facility. We put together our own Standards of Care policy in 2012 and update it annually. The policy is attached as Exhibit A, along with an ordinance to adopt these Standards of Care. The Standards of Care lay out our minimum operating standards when conducting our Day Camp programs. Currently, Day Camps are conducted 4 times throughout the year (Summer, Spring Break, and during the Thanksgiving and Christmas holidays). Additionally, we have added an updated addendum to the policy this year to address additional standards that the camps will adhere to as it relates to the COVID-19 situation, based on the “Open Texas” guidance issued by the State of Texas. Our Standards of Care policy was reviewed by staff in the Child Care Licensing division at the Texas Department of Family and Protective Services in 2012. After their review they stated that our Standards of Care contain everything that they require to receive the exemption certificate. DFPS staff has confirmed for us that nothing within their policy has changed since 2012 and our policy still meets their requirements. As part of the DFPS requirements, the policy must be adopted by City Council on an annual basis in order to maintain our exemption certificate through the Texas Department of Family and Protective Services. If you have any questions, please let me know. Parks & Recreation staff recommends approval of this policy and ordinance as written. 62 City of The Colony Standards of Care for Kidz Kamp Camp Program PURPOSE The following Standards of Care are intended to be minimum standards by which the City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp day camp program. This program operated by the City of The Colony is recreational in nature and are not licensed by the State of Texas nor operated as day care program. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization 1. The governing body of the City of The Colony Kidz Kamp program is The Colony City Council. 2. Implementation of the Standards of Care for Kidz Kamp is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3. The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4. The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5. Parents of participants will be provided access to a current copy of the Standards of Care through the City’s web site. 6. Criminal background checks will be conducted on prospective Kidz Kamp employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a. A felony or misdemeanor classified as an offense against a person or family; b. A felony or misdemeanor classified as public indecency c. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; d. Any offense involving moral turpitude; 63 e. Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp participants at risk. B. Definitions 1. City: City of The Colony. 2. City Council: City Council of the City of The Colony. 3. Department: Parks and Recreation Department. 4. Director: City of The Colony Director of Community Services. 5. Kidz Kamp: City of the Colony youth camp programs held during school holidays. 6. Parent Handbook: Booklet of program policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp program. 7. Recreation Supervisor: City of The Colony’s full time programmer who has been assigned administrative responsibility for the City of The Colony’s Kidz Kamp program. 8. Recreation Manager: Recreation Supervisor’s supervisor who will handle administrative responsibility for the City of The Colony’s Kidz Kamp program in the Recreation Supervisor’s absence 9. Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, administering, or implementing some portion of the City of The Colony’s Kidz Kamp program. 10. Program Site: The Colony Recreation Center or LISD schools. 11. Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Colony’s Kidz Kamp. 12. Parent(s): A parent or guardian who has legal custody and authority to enroll a child in the City of The Colony’s Kidz Kamp. C. Inspection/Monitoring/Enforcement 1. The Recreation Supervisor will make visual inspections of the program based on the following schedule: 64 a. Summer Kidz Kamp will be inspected twice during the summer. b. Holiday Kamp (Thanksgiving and Winter) will be inspected once. c. Spring Break Kamp will be inspected once. 2. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Supervisor. The Recreation Supervisor will be responsible for taking the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Manager and the complaint and resolution will be noted. D. Enrollment 1. Before a child can be enrolled, a parent/guardian must sign registration forms that contain the child’s: a. Name, address, home telephone number b. Parent/Guardian’s name, address and telephone numbers during program hours c. Emergency contacts including names and phone number during program hours d. Names and drivers license numbers of people to whom the child may be released e. A statement of the child’s special problems, needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver E. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Supervisor and Recreation Manager. The Recreation Manager will immediately notify the Police Department and any other agency as may be appropriate. 65 Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. F. Staffing – Responsibilities and Training 1. Recreation Supervisor and Recreation Manager a. Recreation Supervisor and Recreation Manager are full-time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F2 b. Recreation Supervisor and Recreation Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. c. Recreation Supervisor and Recreation Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Supervisor and Recreation Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. e. Recreation Supervisor is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. f. Recreation Supervisor is responsible for hiring, supervising, and evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and Kidz Kamp Counselors. g. Recreation Supervisor is responsible for planning, implementing, and evaluating programs. 2. Kidz Kamp Staff a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant Director, and Kidz Kamp Counselors. b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. c. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. 66 d. Program employees should consistently exhibit competency, good judgment and self control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. f. Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. i. Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. j. Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. b. Program employees will be provided with a staff manual. c. Program employees must be familiar with the Standards of Care for Kidz Kamp program as adopted by the City Council. d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. 67 f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program employees are responsible for being aware of the participants’ habits, interests, and special needs as identified by the participants’ parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. c. Program employees may use brief, supervised separation from the group if necessary. d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group according to participants’ age, interests and abilities. The activities will be 68 appropriate to participants’ health, safety and well being. The activities must be flexible and promote the participants emotional, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: - Alternating active and passive activities; - Opportunity for individual, small and large group activities, and - Outdoor time each day as weather permits c. Program employees will be attentive and considerate of the participants’ safety on field trips and during any transportation provided by the program. - During trips, program employees must have access to emergency medical forms and emergency contact information for each participant - Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location - Program employees must have first aid supplies and emergency care available on field trips. 4. Communications a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. b. The Recreation Supervisor will make available the following telephone numbers to all employees at each site: - Emergency services - The Colony Police Department dispatch - Parks and Recreation Department - Poison Control - Numbers at which parents/guardians may be reached - Recreation Supervisor - Telephone and address for the program site itself - Field trip destinations 5. Transportation 69 a. Before a participant can be transported to and from city-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. c. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Supervisor. b. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. c. Program equipment and supplies should be safe for the participants’ use. d. Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program employees’ first priority is to evacuate the participants to a designated safe area. b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. c. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury 70 a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. c. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. b. Prescription medications must be in the original containers labeled with the participants’ name, a date, directions and the physician’s name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. c. Non-prescription medications are labeled with the participant’s name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. 71 b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. c. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. b. The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. c. Employees must see that garbage is removed from buildings daily. 72 2021 COVID-19 Addendum Below are additional measures that will be implemented within The Colony Kidz Kamp program to ensure that the program is being operated in the safest manner possible. Additionally, staff will review the “Open Texas” guidance issued by the State of Texas on a regular basis to ensure that all appropriate safety recommendations are being implemented by camp staff. Parent Drop-Off and Pick-Up  Place sign-in stations outside, and provide sanitary wipes for cleaning pens between each use. o Staff to remain outside during peak drop off and pickup times (7am - 8:30am and 4:30pm-6pm) o Parents dropped off or picking up at times not listed above will call the Kidz Kamp cell phone to let us know they have arrived and staff will meet them outside to sign the child/children in.  Provide hand sanitizer with at least 60% alcohol next to parent sign-in sheets. Have children clean their hands before they enter. o Keep hand sanitizer out of children’s reach and supervise use.  Have staff greet children outside as they arrive.  Ideally, the same parent or designated person should drop off and pick up the child every day.  If possible, older people such as grandparents or those with serious underlying medical conditions should not pick up children, because they are more at risk for severe illness from COVID-19.  Possibly stagger drop off and pickup times to limit direct co ntact with parents. Masks  All staff will be required to wear masks at all times, except for when eating or drinking. Masks will be provided for those that do not have one.  Kampers will be required to wear masks when social distancing cannot be achieved. Masks will also be required when on field trips that have a mask requirement, when on the bus traveling to and from field trips, and during drop off and pickup. Clean and Disinfect Schedule  Bathrooms (to include toilets, sinks, doorknobs, etc.) – to be completed by LISD staff o 3X per day  Classrooms (to include doorknobs, tables, chairs, etc.) – to be completed by Kidz Kamp Staff 73 o After each use/rotation and at end of day  Games and other equipment (to include basketballs and volleyballs, board game pieces, Legos, etc.) – to be completed by Kidz Kamp Staff o After each use and at end of day  Children’s books, like other paper-based materials such as mail or envelopes, are not considered a high risk for transmission and do not need additional cleaning or disinfection procedures. Hand Washing  All children, staff, and volunteers should engage in hand hygiene at the following times: o Arrival to the facility and after breaks (roughly 1x per 45-60 minutes) o Before and after eating or handling food o Before and after administering medication or medical ointment o After using the toilet or helping a child use the bathroom o After coming in contact with bodily fluid o After playing outdoors or in sand o After handling garbage  Wash hands with soap and water for at least 20 seconds. If hands are not visibly dirty, alcohol-based hand sanitizers with at least 60% alcohol can be used if soap and water are not readily available.  Supervise children when they use hand sanitizer to prevent ingestion.  Assist children with handwashing  After assisting children with handwashing, staff should also wash their hands.  Place posters describing handwashing steps near sinks. Sickness Protocol  We will have a designated room as an isolation area for any children who becomes ill during the camp day. o We will have a cot and PPE set up in the room.  Staff will clean and disinfect surfaces in the isolation room after the sick child has gone home. To clean and disinfect, staff will: o Close off areas used by the person who is sick. o Open outside doors and windows to increase air circulation in the area. o Wait 24 hours before you clean or disinfect. If 24 hours is not feasible, wait as long as possible. o Clean and disinfect all areas used by the person who is sick, such as offices, bathrooms, common areas, shared electronic equipment like tablets, touch screens, keyboards, remote controls. o Once area has been appropriately disinfected, it can be opened for use. o Workers without close contact with the person who is sick can return to work immediately after disinfection. 74 o If more than 7 days since the person who is sick visited or used the facility, additional cleaning and disinfection is not necessary. o Continue routing cleaning and disinfection. 75 CITY OF THE COLONY, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING DAY CAMP STANDARDS OF CARE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 42.041 of the Texas Human Resources Code provides generally that no person may operate a child-care facility or child-placing agency without a license issued by the Texas Department of Family and Protective Services. Moreover, Section 42.041(b)(14) of the Texas Human Resources Code provides this statutory requirement does not apply in pertinent part to an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; and WHEREAS, the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfare of the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council hereby adopts day camp Standards of Care to be conducted by the Parks and Recreation Department, a copy of which is attached hereto as Exhibit “A.” SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. This Ordinance shall become effective from and after its date of passage in 76 accordance with law. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas, on this the 2nd day of June, 2020. APPROVED: ___________________________________ Joe McCourry, Mayor ATTEST: ________________________________ Tina Stewart, City Secretary APPROVED AS TO FORM: _______________________________ Jeff Moore, City Attorney 77 Exhibit “A” 78 City of The Colony Standards of Care for Kidz Kamp Camp Program PURPOSE The following Standards of Care are intended to be min imum standards by which the City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp day camp program. This program operated by the City of The Colony is recreational in nature and are not licensed by the State of Texas nor oper ated as day care program. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization 1. The governing body of the City of The Colony Kidz Kamp program is The Colony City Council. 2. Implementation of the Standards of Care for Kidz Kamp is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3. The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4. The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5. Parents of participants will be provided access to a current copy of the Standards of Care through the City’s web site. 6. Criminal background checks will be conducted on prospective Kidz Kamp employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of th e following offenses, he or she will not be considered for employment: a. A felony or misdemeanor classified as an offense against a person or family; b. A felony or misdemeanor classified as public indecency c. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; 79 d. Any offense involving moral turpitude; e. Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp participants at risk. B. Definitions 1. City: City of The Colony. 2. City Council: City Council of the City of The Colony. 3. Department: Parks and Recreation Department. 4. Director: City of The Colony Director of Community Services. 5. Kidz Kamp: City of the Colony youth camp programs held during school holidays. 6. Parent Handbook: Booklet of program policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp program. 7. Recreation Supervisor: City of The Colony’s full time programmer who has been assigned administrative responsibility for the City of The Colony’s Kidz Kamp program. 8. Recreation Manager: Recreation Supervisor’s supervisor who will handle administrative responsibility for the City of The Colony’s Kidz Kamp program in the Recreation Supervisor’s absence 9. Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, administering, or implementing some portion of the City of The Colony’s Kidz Kamp program. 10. Program Site: The Colony Recreation Center or LISD schools. 11. Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Colony’s Kidz Kamp. 12. Parent(s): A parent or guardian who has legal custody and authority to enroll a child in the City of The Colony’s Kidz Kamp. 80 C. Inspection/Monitoring/Enforcement 1. The Recreation Supervisor will make visual inspections of the program based on the following schedule: a. Summer Kidz Kamp will be inspected twice during the summer. b. Holiday Kamp (Thanksgiving and Winter) will be inspected once. c. Spring Break Kamp will be inspected once. 2. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Supervisor. The Recreation Supervisor will be responsible for taking the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Manager and the complaint and resolution will be noted. D. Enrollment 1. Before a child can be enrolled, a parent/guardian must sign registration forms that contain the child’s: a. Name, address, home telephone number b. Parent/Guardian’s name, address and telephone numbers during program hours c. Emergency contacts including names and phone number during program hours d. Names and drivers license numbers of people to whom the child may be released e. A statement of the child’s special problems, needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver E. Suspected Abuse 81 Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Supervisor and Recreation Manager. The Recreation Manager will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1 -800-252-5400. F. Staffing – Responsibilities and Training 1. Recreation Supervisor and Recreation Manager a. Recreation Supervisor and Recreation Manager are full-time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F2 b. Recreation Supervisor and Recreation Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. c. Recreation Supervisor and Recreation Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Supervisor and Recreation Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp oper ation. e. Recreation Supervisor is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. f. Recreation Supervisor is responsible for hiring, supervising, and evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and Kidz Kamp Counselors. g. Recreation Supervisor is responsible for planning, implementing, and evaluating programs. 2. Kidz Kamp Staff 82 a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant Director, and Kidz Kamp Counselors. b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. c. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. d. Program employees should consistently exhibit competency, good judgment and self control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. f. Program employees must have a current certif ication in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. i. Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. j. Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. b. Program employees will be provided with a staff manual. 83 c. Program employees must be familiar with the Standards of Care for Kidz Kamp program as adopted by the City Council. d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outline d in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program employees are responsible for being aware of the participants’ habits, interests, and special needs as identified by the participants’ parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. c. Program employees may use brief, supervised separation from the group if necessary. d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. 84 e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group according to participants’ age, interests and abilities. The activities will be appropriate to participants’ health, safety and well being. The activities must be flexible and promote the participants emoti onal, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: - Alternating active and passive activities; - Opportunity for individual, small and large group activities, and - Outdoor time each day as weather permits c. Program employees will be attentive and considerate of the participants’ safety on field trips and during any transportation provided by the program. - During trips, program employees must have access to emergency medical forms and emergency contact information for each participant - Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location - Program employees must have first aid supplies and emergency care available on field trips. 4. Communications a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. b. The Recreation Supervisor will make available the following telephone numbers to all employees at each site: 85 - Emergency services - The Colony Police Department dispatch - Parks and Recreation Department - Poison Control - Numbers at which parents/guardians may be reached - Recreation Supervisor - Telephone and address for the program site itself - Field trip destinations 5. Transportation a. Before a participant can be transported to and from city-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. c. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Supervisor. b. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. c. Program equipment and supplies should be safe for the participants’ use. d. Program must have first aid supplies readily available at each site, during transportation to an off -site activity, and for the duration of the off-site activity. 86 e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program employees’ first priority is to evacuate the participants to a designated safe area. b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. c. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. c. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. b. Prescription medications must be in the original containers labeled with the participants’ name, a date, directions and the physician’s name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. 87 c. Non-prescription medications are labeled with the participant’s name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. c. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. b. The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. c. Employees must see that garbage is removed f rom buildings daily. 88 2021 COVID-19 Addendum Below are additional measures that will be implemented within The Colony Kidz Kamp program to ensure that the program is being operated in the safest manner possible. Additionally, staff will review the “Open Texas” guidance issued by the State of Texas on a regular basis to ensure that all appropriate safety recommendations are being implemented by camp staff. Parent Drop-Off and Pick-Up  Place sign-in stations outside, and provide sanitary wipes for cleaning pens between each use. o Staff to remain outside during peak drop off and pickup times (7am - 8:30am and 4:30pm-6pm) o Parents dropped off or picking up at times not listed above will call the Kidz Kamp cell phone to let us know they have arrived and staff will me et them outside to sign the child/children in.  Provide hand sanitizer with at least 60% alcohol next to parent sign -in sheets. Have children clean their hands before they enter. o Keep hand sanitizer out of children’s reach and supervise use.  Have staff greet children outside as they arrive.  Ideally, the same parent or designated person should drop off and pick up the child every day.  If possible, older people such as grandparents or those with serious underlying medical conditions should not pick up children, because they are more at risk for severe illness from COVID-19.  Possibly stagger drop off and pickup times to limit direct contact with parents. Masks  All staff will be required to wear masks at all times, except for when eating or drinking. Masks will be provided for those that do not have one.  Kampers will be required to wear masks when social distancing cannot be achieved. Masks will also be required when on field trips that have a mask requirement, when on the bus traveling to and from field trips, and during drop off and pickup. Clean and Disinfect Schedule  Bathrooms (to include toilets, sinks, doorknobs, etc.) – to be completed by LISD staff o 3X per day  11:00am, 3:00pm, 6:00pm (end of day)  Classrooms (to include doorknobs, tables, chairs, etc.) – to be completed by Kidz Kamp staff o After each use/rotation and at en d of day 89  Games and other equipment (to include basketballs and volleyballs, board game pieces, Legos, etc.) – to be completed by Kidz Kamp staff o After each use and at end of day  Children’s books, like other paper-based materials such as mail or envelopes, are not considered a high risk for transmission and do not need additional cleaning or disinfection procedures. Hand Washing  All children, staff, and volunteers should engage in hand hygiene at the following times: o Arrival to the facility and after breaks (roughly 1x per 45-60 minutes) o Before and after eating or handling food o Before and after administering medication or medical ointment o After using the toilet or helping a child use the bathroom o After coming in contact with bodily fluid o After playing outdoors or in sand o After handling garbage  W ash hands with soap and water for at least 20 seconds. If hands are not visibly dirty, alcohol-based hand sanitizers with at least 60% alcohol can be used if soap and water are not readily available.  Supervise children when they use hand sanitizer to preve nt ingestion.  Assist children with handwashing  After assisting children with handwashing, staff should also wash their hands.  Place posters describing handwashing steps near sinks. Sickness Protocol  We will have a designated room as an isolation area for any children who becomes ill during the camp day. o We will have a cot and PPE set up in the room.  Staff will clean and disinfect surfaces in the isolation room after the sick child has gone home. To clean and disinfect, staff will: o Close off areas used by the person who is sick. o Open outside doors and windows to increase air circulation in the area. o Wait 24 hours before you clean or disinfect. If 24 hours is not feasible, wait as long as possible. o Clean and disinfect all areas used by the person who is sick, such as offices, bathrooms, common areas, shared electronic equipment like tablets, touch screens, keyboards, remote controls. o Once area has been appropriately disinfected, it can be opened for use. o Workers without close contact with the person who is sick can return to work immediately after disinfection. o If more than 7 days since the person who is sick visited or used the facility, additional cleaning and disinfection is not necessary. 90 o Continue routing cleaning and disinfection. 91 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING DAY CAMP STANDARDS OF CARE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 42.041 of the Texas Human Resources Code provides generally that no person may operate a child-care facility or child-placing agency without a license issued by the Texas Departmentof Family and Protective Services.Moreover, Section 42.041(b)(14) of the Texas Human Resources Code provides this statutory requirement does not apply in pertinent part to an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; and WHEREAS,the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfareof the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council hereby adopts day camp Standards of Care to be conducted by the Parks and Recreation Department, a copy of which is attached hereto as Exhibit “A.” SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 92 SECTION 4. This Ordinance shall become effective from and after its date of passage in accordance with law. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas, on this the 18th day of May, 2021 APPROVED: ___________________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: __________________________________ Jeff Moore, City Attorney 93 Exhibit “A” 94 City of The Colony Standards of Care for Kidz Kamp and Kidz Klub Day Camp Programs PURPOSE The following Standards of Care are intended to be minimum standards by which the City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp and Kidz Klub day camp programs. These programs operated by the City of The Colony are recreational in nature and are not licensed by the State of Texas nor operated as day care programs. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization 1.The governing body of the City of The Colony Kidz Kamp and Kidz Klub programs is The Colony City Council. 2.Implementation of the Standards of Care for Kidz Kamp and Kidz Klub is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3.The Standards of Care for Kidz Kamp and Kidz Klub will apply to any Kidz Kamp and Kidz Klub program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4.The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5.Parents of participants will be provided access to a current copy of the Standards of Care through the City’s web site. 6.Criminal background checks will be conducted on prospective Kidz Kamp and Kidz Klub employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a.A felony or misdemeanor classified as an offense against a person or family; b.A felony or misdemeanor classified as public indecency c.A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; 95 d.Any offense involving moral turpitude; e.Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp and Kidz Klub participants at risk. B. Definitions 1.City: City of The Colony. 2.City Council: City Council of the City of The Colony. 3.Department: Parks and Recreation Department. 4.Director: City of The Colony Director of Community Services. 5.Kidz Kamp and Kidz Klub: City of the Colony youth camp programs held during school holidays. 6.Parent Handbook: Booklet of program policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp and Kidz Klub programs. 7.Recreation Supervisor: City of The Colony’s full time programmer who has been assigned administrative responsibility for the City of The Colony’s Kidz Kamp and Kidz Klub programs. 8.Recreation Manager: Recreation Supervisor’s supervisor who will handle administrative responsibility for the City of The Colony’s Kidz Kamp and Kidz Klub programs in the Recreation Supervisor’s absence 9.Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, administering, or implementing some portion of the City of The Colony’s Kidz Kamp and Kidz Klub programs. 10.Program Site: The Colony Recreation Center or LISD schools. 11.Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Colony’s Kidz Kamp or Kidz Klub. 12.Parent(s): A parent or guardian who has legal custody and authority to enroll a child in the City of The Colony’s Kidz Kamp or Kidz Klub. 96 C. Inspection/Monitoring/Enforcement 1.The Recreation Supervisor will make visual inspections of the program based on the following schedule: a.Summer Kidz Kamp and Kidz Klub will be inspected twice during the summer. b.Holiday Kamp (Thanksgiving and Winter) will be inspected once. c.Spring Break Kamp will be inspected once. 2.Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Supervisor. The Recreation Supervisor will be responsible for taking the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Manager and the complaint and resolution will be noted. D. Enrollment 1.Before a child can be enrolled, a parent/guardian must sign registration forms that contain the child’s: a. Name, address, home telephone number b. Parent/Guardian’s name, address and telephone numbers during program hours c. Emergency contacts including names and phone number during program hours d. Names and drivers license numbers of people to whom the child may be released e. A statement of the child’s special problems, needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver 97 E. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Supervisor and Recreation Manager. The Recreation Manager will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. F. Staffing – Responsibilities and Training 1. Recreation Supervisor and Recreation Manager a. Recreation Supervisor and Recreation Manager are full-time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F2 b. Recreation Supervisor and Recreation Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. c. Recreation Supervisor and Recreation Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Supervisor and Recreation Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. e. Recreation Supervisor is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. f. Recreation Supervisor is responsible for hiring, supervising, and evaluating the Kidz Kamp and Kidz Klub Director, Kidz Kamp and Kidz Klub Assistant Directors and Kidz Kamp and Kidz Klub Counselors. g. Recreation Supervisor is responsible for planning, implementing, and evaluating programs. 98 2. Kidz Kamp and Kidz Klub Staff a. Program employees include Kidz Kamp and Kidz Klub Director, Kidz Kamp and Kidz Klub Assistant Director, and Kidz Kamp and Kidz Klub Counselors. b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. c. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. d. Program employees should consistently exhibit competency, good judgment and self control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. f. Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. i.Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. j.Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation 99 a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. b. Program employees will be provided with a staff manual. c. Program employees must be familiar with the Standards of Care for Kidz Kamp and Kidz Klub programs as adopted by the City Council. d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program employees are responsible for being aware of the participants’ habits, interests, and special needs as identified by the participants’ parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. c. Program employees may use brief, supervised separation from the group if necessary. 100 d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group according to participants’ age, interests and abilities. The activities will be appropriate to participants’ health, safety and well being. The activities must be flexible and promote the participants emotional, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: -Alternating active and passive activities; -Opportunity for individual, small and large group activities, and -Outdoor time each day as weather permits c. Program employees will be attentive and considerate of the participants’ safety on field trips and during any transportation provided by the program. -During trips, program employees must have access to emergency medical forms and emergency contact information for each participant -Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location -Program employees must have first aid supplies and emergency care available on field trips. 4. Communications 101 a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. b. The Recreation Supervisor will make available the following telephone numbers to all employees at each site: -Emergency services -The Colony Police Department dispatch -Parks and Recreation Department -Poison Control -Numbers at which parents/guardians may be reached -Recreation Supervisor -Telephone and address for the program site itself -Field trip destinations 5. Transportation a. Before a participant can be transported to and from city-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. c. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Coordinator. b. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. c. Program equipment and supplies should be safe for the participants’ use. 102 d. Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program employees’ first priority is to evacuate the participants to a designated safe area. b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. c. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. c. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. 103 b. Prescription medications must be in the original containers labeled with the participants’ name, a date, directions and the physician’s name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. c. Non-prescription medications are labeled with the participant’s name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. c. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. 104 b. The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. c. Employees must see that garbage is removed from buildings daily. 105 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area 9-1-1 District Board of Managers for a two year term beginning October 1, 2021. (Council) Suggested Action: Attachments: Nomination Letter 2021.pdf Res 2021-xxx Denco 911 Board 2021 Nomination.doc 106 TO: Denco Area 9-1-1 District Participating Municipal Jurisdictions FROM: Gregory S. Ballentine, Executive Director DATE: March 31, 2021 RE: Nomination for the Denco Area 9-1-1 District Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board of Managers to have “two members appointed jointly by all the participating municipalities located in whole or part of the district.” The enclosed resolution describes the appointment process of a municipal representative. Each year on September 30th, the term of one of the two members appointed by participating municipalities expires. This year it is the term of Sue Tejml. Members are eligible for consecutive terms and Ms. Tejml has expressed her desire to serve another term. Denco requests the following actions by the governing bodies of each of the 32 municipalities in the district: 1. Immediate Action (Nominate): If your city/town would like to nominate a candidate to represent the municipalities on the Denco Board of Managers, please send a letter of nomination, by way of council action, and résumé of the candidate to the Denco Area 9-1-1 District office. Nominees are historically current or formal elected officials in the district; however, there are no official prerequisites. For a nomination to be considered, written notification of council action must reach the Denco Area 9-1-1 District by 5:00 p.m. May 31, 2021. No nominations shall be considered after that time. 2. Future Action (Vote): On June 1, 2021, Denco staff will send the slate of nominees to each city/town for consideration, requesting the city/town council vote by resolution for one of the nominees. Written notice of the council’s selection must reach the Denco Area 9-1-1 District by 5:00 p.m. on July 30, 2021. No votes will be accepted after that time. However, if a nominating municipality does not thereafter formally vote, its nomination will automatically count as a vote for its nominee. 3. Process Closure (Results): The candidate with the most votes will be the municipalities’ representative to the Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1, 2021. Please send a copy of your council’s official action and candidate résumé to the Denco Area 9-1-1 District, 1075 Princeton Street, Lewisville, TX 75067 or to Melinda Camp at melinda.camp@denco.org. Denco staff will acknowledge receipt and sufficiency of the submitted documents. If that acknowledgement is not received within one (1) business day, or you have any other questions, please contact Ms. Camp at 972-221-0911. As a courtesy, Denco will provide notification of your council’s action to the nominee. A sample nomination resolution has been enclosed for your convenience. Thank you for your support of the Denco Area 9-1-1 District. Enclosures 107 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 -_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 EMERGENCY COMMUNICATION DISTRICT AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS,Section 772, Health and Safety Code, provides that twovoting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the City of The Colony hereby nominates David Terreas a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. SECTION 2.That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 20th day of May, 2021. Joe McCourry, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 108 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion 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 concerning the 1205 litigation. B. 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 and Section 551.087 of the Texas Government Code to deliberate commercial or financial information the City has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect – Nebraska Furniture Mart - LMG Ventures, LLC, and TXFM, Inc. C. 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: 109 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: May 18, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion 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 concerning the 1205 litigation. B. 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 and Section 551.087 of the Texas Government Code to deliberate commercial or financial information the City has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect – Nebraska Furniture Mart - LMG Ventures, LLC, and TXFM, Inc. C. 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: 110