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HomeMy WebLinkAbout2022 1206CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, DECEMBER 6, 2022 6:30 PM TO ALL INTERESTED PERSONS Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas to be held at 6:30 PM on TUESDAY, DECEMBER 6, 2022 at CITY HALL, 6800 MAIN ST., THE COLONY, TX, at which time the following items will be addressed: 1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1.1 Call to Order 1.2 Invocation 1.3 Pledge of Allegiance to the United States Flag 1.4 Salute to the Texas Flag 1.5 Receive a presentation and update from The Colony Chamber of Commerce on the 2022 Duck Derby Race. (Perez) 1.6 Recognize City of The Colony employees for their contributions and assistance with The Colony Chamber of Commerce's 2022 Duck Derby Race. (Perez) 1.7 Items of Community Interest 1.8 Receive presentation from Parks and Recreation regarding upcoming events and activities. 2 CITIZEN INPUT This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of thirty (30) minutes for items not posted on the current agenda. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Those wishing to speak shall submit a Request Form to the City Secretary. 3 WORK SESSION The Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken on Work Session items. Citizen input will not be heard during this portion of the agenda. 3.1 Receive a presentation from The Colony Roadrunner Club regarding the successful completion of the 2022 The Colony Half Marathon and Green Dragon 5 miler events. (Shallenburger) 3.2 Council to provide direction to staff regarding future agenda items. (Council) 4 CONSENT AGENDA The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be removed from this agenda for separate discussion by a Council member. 1 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 12/06/2022 Page - 2 4.1 Consider approving City Council Regular Session meeting minutes from November 15, 2022. (Stewart) 4.2 Consider approving an ordinance to allow an exception to the Code of Ordinance Section, 6-192, (a) & (b) to allow fireworks at 12:01 a.m. on January 1, 2023 at Grandscape Lifestyle Center, 5752 Grandscape Blvd. (Maurina) 4.3 Consider approving a resolution authorizing the City Manager to execute the necessary steps to implement Cigna as our medical, dental, and vision carrier for fiscal year 2022/23. (Wallican) 4.4 Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000.00 for the City of The Colony to provide fire protection services beginning October 1, 2022 through September 30, 2023. (Thompson) 4.5 Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $20,724.94 for the City of The Colony to provide emergency medical services beginning October 1, 2022 through September 30, 2023. (Thompson) 4.6 Consider approving a resolution authorizing the City Manager to issue a purchase order to Motorola Solutions in the amount of $118,484.78 for purchasing fifteen new Fire Department mobile and handheld radios. (Thompson) 4.7 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $3,529,692.91 with Urban Infraconstruction for the Phase 12 Residential Street Reconstruction Project. (Hartline) 4.8 Consider approving a resolution authorizing the City Manager to execute a Non-Disturbance and Attornment Agreement with Coserv Gas, LTD. (Hartline) 5 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Contract in the amount of $1,222,000.00 with Huitt-Zollars, Inc. to provide Architectural and Civil Engineering Services for building interior renovations at the new City Hall Building located at 6053 Main Street. (Shallenburger) 5.2 Discuss and consider approving the City Council meeting schedule for 2023. (Council) 5.3 Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b). (Council) 5.4 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors. (Council) 5.5 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one-year term. (Council) 5.6 Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors. (Council) 2 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 12/06/2022 Page - 3 5.7 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one-year term. (Council) 5.8 Discuss and consider making appointments to the Local Development Corporation Board of Directors. (Council) 5.9 Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairman for a one-year term. (Council) 5.10 Discuss and consider making appointments to the Hotel Development Corporation Board of Directors. (Council) 5.11 Discuss and consider appointing a member to the Hotel Development Corporation Board of Directors to serve as Chairman for a one-year term. (Council) 5.12 Discuss and consider making appointments to Council committees and appoint liaisons to the various Council appointed boards. (Council) 5.13 Discuss and consider rescheduling or canceling the December 20, 2022 City Council meeting (Observance of Christmas) and provide direction to staff. (Council) 6 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and 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). 7 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). EXECUTIVE SESSION NOTICE Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ADJOURNMENT Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. 3 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 12/06/2022 Page - 4 CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5:00 p.m. on the 1st day of December, 2022. ____________________________________ Tina Stewart, TRMC, CMC, City Secretary 4 Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation and update from The Colony Chamber of Commerce on the 2022 Duck Derby Race. (Perez) Suggested Action: Attachments: 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Recognition Agenda Section: Subject: Recognize City of The Colony employees for their contributions and assistance with The Colony Chamber of Commerce's 2022 Duck Derby Race. (Perez) Suggested Action: Attachments: 6 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 7 Agenda Item No:1.8 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. Suggested Action: Attachments: 8 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation from The Colony Roadrunner Club regarding the successful completion of the 2022 The Colony Half Marathon and Green Dragon 5 miler events. (Shallenburger) Suggested Action: Attachments: 9 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 10 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from November 15, 2022. (Stewart) Suggested Action: Attachments: November 15, 2022 DRAFT Minutes.docx 11 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 NOVEMBER 15, 2022 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 15 th day of November 2022, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Deputy Mayor Pro Tem David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Mayor Pro Tem Present Present Present Present Absent (Personal) Present Present And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. Councilman Marks arrived at 6:31 p.m. 1.2 Invocation Councilman Schrag 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 Items of Community Interest 1.5.1 Receive presentation from the Library regarding upcoming events and activities. Library Director, Megan Charters, provided upcoming events and activities to the Council. Mayor announced upcoming Town Hall meetings scheduled for November 16th at the Golf Clubs at the Tribute and December 12th in the Council Chambers both at 6:30p.m. 12 City Council – Regular Meeting Agenda November 15, 2022 Page| 2 Councilmember Ensweiler commended the 8th grade culinary arts students at Lakeview Middle School for a wonderful, Veteran's Day event. 2.0 CITIZEN INPUT None. 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item No 4.5- Marks; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from November 1, 2022. 4.2 Consider approving Council expenditures for August and September 2022. 4.3 Consider approving a resolution authorizing the City Manager to execute a contract with NGU Sports Lighting, LLC for the purchase and installation of LED lights in the amount of $140,000.00 at Pawsome Playground Dog Park to be funded by the Community Development Corporation through the Sourcewell purchasing cooperative. RESOLUTION NO. 2022-081 4.4 Consider approving a resolution authorizing the City Manager to amend Zone 5 water utility rates in relation to the agreement between the City of Plano and the City of The Colony. RESOLUTION NO. 2022-082 4.5 Consider approving a resolution authorizing the City Manager to execute a professional services, hardware and software contract with Motorola Solutions, Inc. in the amount of $607,268.00 for the upgrade and expansion of the 911 dispatch console radio system with recurring maintenance fees averaging $127,000.00 per year. Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes. 13 City Council – Regular Meeting Agenda November 15, 2022 Page| 3 RESOLUTION NO. 2022-083 4.6 Consider approving a resolution authorizing the City Manager to award a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX in the amount of $77,000.00 for a new School Resource Officer vehicle with L.E.I.S.D. RESOLUTION NO. 2022-084 4.7 Consider approving Mark Kiernan's resignation from Keep The Colony Beautiful Board. 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance approving the Site Plan application of “Mavericks,” an approximately 14,321 square-foot dance hall within the Lifestyle Center of Grandscape. The subject site is located at the southwest corner of the intersection of Grandscape Blvd and Destination Drive in the NFM-Grandscape Planned Development (PD25). Executive Session was convened at 6:49 p.m. Regular Session was reconvened at 7:14 p.m. Planning Director, Isaac Williams, gave an overview of the proposed ordinance. City Attorney, Jeff Moore, referenced the Telecommunications Act of 1996 and advised the City Council to approve this item. Representative, Doak Leggett, appeared before Council to answer questions. Motion to approve –Schrag; second by Marks, motion carried with all ayes. ORDINANCE NO. 2022-2496 5.2 Discuss and consider an ordinance approving a Variance to permit an alternative landscape and screening method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. Planning Director, Isaac Wiliams, gave an overview of the proposed ordinance. Community Services Director, Jackie Kopsa, answered questions from the Council relative to the item. 14 City Council – Regular Meeting Agenda November 15, 2022 Page| 4 Motion to approve –Schrag; second by Holtz, motion carried with all ayes. ORDINANCE NO. 2022-2497 Executive Session was convened at 7:31 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:29 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 8:29 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 15 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance to allow an exception to the Code of Ordinance Section, 6-192, (a) & (b) to allow fireworks at 12:01 a.m. on January 1, 2023 at Grandscape Lifestyle Center, 5752 Grandscape Blvd. (Maurina) Suggested Action: Attachments: SITE MAP - Grandscape - 11.19.2022.pdf Ord. 2022-XXXX Noise Exception - Grandscape.docx 16 17 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022-_______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, GRANTING A SPECIAL EXEMPTION FROM THE SOUND ORDINANCE PURSUANT TO SECTION 6-192 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AUTHORIZING THE USE OF A FIREWORKS DISPLAY AT 12:01 A.M. ON JANUARY 1, 2023, AT GRANDSCAPE LIFESTYLE CENTER, LOCATED AT 5752 GRANDSCAPE BOULEVARD, THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, LMG Ventures LLC, a Texas limited liability company, has requested an exemption to the City’s noise ordinance for the purpose of fireworks display at 12:01 am on January 1, 2023, at Grandscape Lifestyle Center, located at 5752 Grandscape Boulevard, The Colony, Texas (hereinafter referred to as the “Event”); and WHEREAS,Section 6-192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, provides in pertinent part that “[T]he use of any loudspeaker or amplifier or musical instrument in such manner or with such volume, particularly between 10:00 p.m. and 7:00 a.m., that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof; provided, however, that upon application by the user of such devices, the city council may make special exemption or exception to this clause for such time as the city council feels will serve the public welfare;” and WHEREAS,the City Council of the City of The Colony, Texas, finds and determines that it is in the public interest and welfare of the City, consistent with Section 6-192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, to grant a special exemption or exception to LMG Ventures LLC, a Texas limited liability company, for the Event. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1.That the foregoing recitals are hereby found to be true and correct legislative findings of the City of The Colony, Texas, and are fully incorporated into the body of this Ordinance. SECTION 2. That the City Council of the City of The Colony, Texas, finds and determines that it is in the public interest and welfare of the City, consistent with Section 6- 192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, to grant LMG Ventures LLC, a Texas limited liability company, a special exemption or exception for the use the Event. 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 18 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.That all provisions of the ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF DECEMBER, 2022. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 19 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: Human Resources Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute the necessary steps to implement Cigna as our medical, dental, and vision carrier for fiscal year 2022/23. (Wallican) Suggested Action: After a thorough RFP and analysis through HUB International, Cigna was selected for the following reasons. Cigna’s projected rates came in 16% lower than our current provider (United HealthCare) and 7% under our budgeted expected increase for the upcoming budget year. UHC proposed to renew coverage at $6.5m with negotiated increases to both deductibles and out of pocket maxes for employees ($500/employee, $1000/family). Cigna offered a proposed rate of $5.6m with no increases to either. Cigna has also agreed to a maximum 15% rate cap increase for 2023-24. Both Cigna and UHC have received an A rating from AM Best. We anticipate minimal network impact as the disruption report illustrates that Cigna matches about 95-97% of in-network UHC doctors between the two plans that will be offered. Lastly, Cigna included their most inclusive prescription plan for employees, Cigna Advantage Formulary (Cigna 90). To combat potential disruption for our employees, Cigna offered the following perks: 1.Preventive Plus Rx – Expanded list of preventive generic & non preferred drugs at no member cost share 2.Patient Assurance Program – Employees will not pay more than $25/30 day supply or $75/90 day supply of diabetic medication 3.Prior Authorization Waiver – Free transfer of prior authorization meds between UHC and Cigna 4.Pre-Enrollment Line – Employees can call into Cigna to discuss their prescriptions and ask questions prior to January 1 The budget excess will be set aside for any employees that endure significant increases in formulary expenses due to a change in provider and health and wellness initiatives. Attachments: Res 2022-xxx Cigna Agreement Health Services.docx 20 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY STEPS TO IMPLEMENT HEALTH SERVICES BY AND BETWEEN THE CITY OF THE COLONY AND CIGNA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, has determined that it is in the best interest of the City to enter into an agreement with Cigna, to provide medical, dental, and vision carrier for fiscal year 2022/2023. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas. Section 2. This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6 TH DAY OF DECEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 21 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Shannon Stephens Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000.00 for the City of The Colony to provide fire protection services beginning October 1, 2022 through September 30, 2023. (Thompson) Suggested Action: The Colony Fire Department responded to one (1) Fire Incident within the contract areas mentioned in "Exhibit A Fire" during the terms of the September 2021 - October 2022 agreement. Attachments: EXHIBIT A Fire 2023.pdf 2022-2023 The Colony Fire.pdf Res. 2022-xxx Fire Protection Interlocal Agreement with Denton County.doc 22 Argyle Aubrey Carrollton Celina Coppell Dallas Denton Double Oak Flower Mound Fort Worth Frisco Highland VillageJustin Krum Lake Cities Lewisville Little ElmOak Point Pilot Point Plano Ponder Prosper Roanoke Sanger Southlake The Colony Trophy Club Andy Eads - County Judge Ryan Williams - Commissioner Precinct 1 Ron Marchant - Commissioner Precinct 2 Bobbie J. Mitchell - Commissioner Precinct 3 Dianne Edmondson - Commissioner Precinct 4 Overview Map This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user. CONTACT INFORMATION LANDMARK MAP: gis.dentoncounty.gov E-MAIL: gis@dentoncounty.gov November 09, 2022 NAD 1983 StatePlane (Zone 5351) Texas North Central Lambert Conformal Conic 1 inch = 1.6 miles µ DENTON COUNTY Exhibit A - Fire City Population Denton > 100,000Lewisville 40,000- 100,000 Corinth 10,000- 39,999 Sanger 2,000- 9,999 Ponder < 2,000 RAILROADS STATE HIGHWAY¬«121 FARM TO MARKETÄÄ1171 MAJOR THOROUGHFARES MINOR ROADS AIRPORTS INTERSTATE¨§¦35 U.S. HIGHWAY¡¢377 CEMETERYï STREAMS LAKES & PONDS 23 2022-2023 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 1 of 6 THE COUNTY OF DENTON § § CITY OF THE COLONY § FIRE DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, 2022, is made and entered into by and between Denton County, Texas (“the COUNTY”), and the The Colony Fire Department (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of The Colony; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2022, and ending September 30, 2023. II. SERVICES The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the City of The Colony in circumstances of emergency, but which services will now be extended to all citizens 24 2022-2023 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 2 of 6 of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency extinguishment, safet y and rescue services within the agreed or specified territory or jurisdiction of the AGENCY. B. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as “The Colony” as set out in Exhibit "A". C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY. E. The AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 3900 Morse St., 2nd Floor, Denton, Texas 76208. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. F. The AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY’s equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 25 2022-2023 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 3 of 6 The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. IV. COMPENSATION The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement, and further agrees to pay the sum of $650.00 per fire call in the designated unincorporated areas of the COUNTY from October 1, 2022, to September 30,2023. The COUNTY anticipates the AGENCY to run approximately 0 fire calls for a total funding of $0.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $10,000.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review b y the COUNTY, upon request by the COUNTY. 26 2022-2023 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 4 of 6 VI. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 27 2022-2023 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 5 of 6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIII. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTHORITY The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. 28 2022-2023 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 6 of 6 XVI. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this __________ day of ____________, 20____. Denton County, Texas City of The Colony 1 Courthouse Drive, Suite 3100 4900 Blair Oaks Denton, Texas 762018 The Colony, Texas 75056 By By _____________________________ Andy Eads Name ___________________________ Denton County Judge Title ____________________________ ATTEST: ATTEST: By: _________________________ By: _________________________ Denton County Clerk City Secretary APPROVED AS TO CONTENT: By: Denton County Fire Marshal AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 29 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES TO THE UNINCORPORATED AREAS OF DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in providing fire protection services to the unincorporated areas of the County; and WHEREAS, the City Council has determined that it would be in the best interest of public health, safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County for the purpose of the City providing fire protection services to the unincorporated areas of Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000.00 for providing fire protection services to the unincorporated areas of Denton County. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF DECEMBER 2022. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas 30 ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 31 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Shannon Stephens Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $20,724.94 for the City of The Colony to provide emergency medical services beginning October 1, 2022 through September 30, 2023. (Thompson) Suggested Action: The Colony Fire Department responded to zero (0) Emergency Medical calls for service in the areas noted within "Exhibit A EMS 2023" during the September 2021-October 2023 agreement. Attachments: EXHIBIT A EMS 2023.pdf 2022-2023 The Colony Ambulance.pdf Res. 2022-xxx Ambulance Interlocal Agreement with Denton County.doc 32 33 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 1 of 7 THE COUNTY OF DENTON § § CITY OF THE COLONY § AMBULANCE SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2022, is made and entered into by and between Denton Count y, Texas (“the COUNTY”), and the City of The Colony, Texas (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of The Colony; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to enter into an exclusive agreement with the AGENCY to provide efficient emergency ambulance service; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and 34 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 2 of 7 WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safet y Code, Section 774.003, and NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2022, and ending on September 30, 2023. II. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. “Rural area” means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. “Urban area” means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. “Emergency ambulance call” means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. 35 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 3 of 7 III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of The Colony in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. 36 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 4 of 7 V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $21,344.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .4677 per capita; said sum computes to $20,724.94. 2. A fixed sum of $249.7469 per ambulance transport for an estimated maximum amount of $ 0.00. Said sum is based upon 0 transports made by the AGENCY in fiscal year 2022. 3. A fixed sum based on .83 rural miles in the agreed operating territory; said sum computes to $619.21. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an “ambulance call” for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review b y the COUNTY, upon request by the COUNTY. 37 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 5 of 7 VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. XI. TERMINATION This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 38 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 6 of 7 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. 39 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 7 of 7 XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this __________ day of ____________, 20____. COUNTY: AGENCY: Denton County, Texas City of The Colony 1 Courthouse Drive, Suite 3100 6800 Main Street Denton, Texas 76208 The Colony, Texas 75056 By: By: Andy Eads Name _________________________ Denton County Judge Title __________________________ ATTEST: ATTEST: By:_________________________ By: _________________________ Denton County Clerk City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY: By: By: Denton County Fire Marshal City Attorney AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 40 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR THE PURPOSE OF PROVIDING AMBULANCE SERVICES TO THE UNINCORPORATED AREAS OF DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in providing ambulance services to persons in the unincorporated areas of the County; and WHEREAS, the City Council has determined that it would be in the best interest of public health, safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County for the purpose of the City providing ambulance services to the unincorporated areas of Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County in the amount of $20,724.94 for providing ambulance services to the unincorporated areas of Denton County. Section 2.This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF DECEMBER 2022. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas 41 ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 42 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Shannon Stephens Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Motorola Solutions in the amount of $118,484.78 for purchasing fifteen new Fire Department mobile and handheld radios. (Thompson) Suggested Action: This purchase request is an approved and planned budget item from this fiscal year’s CIP list. The project includes the installation of four (4) new radios in each TCFD ambulance to be used for radio patient reports to receiving hospitals, the purchase of eleven (11) new APX 6000 radios for new positions and the replacement of current radios identified by Motorola as reaching end of life. Attached are the quotes from Motorola Solutions regarding the purchase items. Attachments: QUOTE-1720326-4TCFDAPX6000XE.pdf QUOTE-1738549-3TCFDAmbulancesAPX6500.pdf Res. 2022-xxx Motorola Radios.doc 43 44 45 46 47 48 49 50 51 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MOTOROLA SOLUTIONS FOR THE PURCHASE OF FIFTEEN NEW FIRE DEPARTMENT MOBILE AND HANDHELD RADIOS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has determined there is a need for fifteen new Fire Department mobile and handheld radios; and WHEREAS,the project includes the installation of four (4) new radios in each TCFD ambulance to be used for radio patient reports to receiving hospitals; the purchase of eleven (11) new APX 6000 radios for new positions and the replacement of current radios identified by Motorola as reaching the end of life; and WHEREAS, the purchase request is an approved and planned budget item from this fiscal year’s Capital Improvement Project list; and WHEREAS, the City has determined that it is in the best interest of the City to purchase the equipment and to pay the sum of $118,484.78. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.The quote from Motorola Solutions has been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the purchase of mobile and handheld radios on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF DECEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas 52 ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 53 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $3,529,692.91 with Urban Infraconstruction for the Phase 12 Residential Street Reconstruction Project. (Hartline) Suggested Action: Background: City Council approved funding for the Phase 12 Street Reconstruction Project in the 2021-2022 budget. The next set of residential streets and turn lane to be constructed are listed below. Concrete Streets: Alta Oaks Court – Western cul-de-sac to Alta Oaks Lane Ballard Trail – 75 feet north of Driscoll Drive to Galloway Court Runyon Drive – Clover Valley Drive to Paige Road Concrete Turn Lane: West Lake Highlands Drive – Dedicated Right Turn Lane onto FM 423 (Main Street) The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement. Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater mains and street lights will also be replaced, as needed. A new right turn lane will also be constructed for West Lake Highlands Drive at the FM 423 (Main Street) intersection. The right turn lane will be constructed with reinforced concrete pavement and will include existing drainage system extension/reconstruction, traffic signal adjustments and striping/signage modifications. The project bids were opened on November 3, 2022 and the low bidder was Urban Infraconstruction at a cost of $3,529,692.91. Halff Associates, the Project Design Engineer, received positive feedback from representatives that have previously worked with the contractor including the City of Plano, City of Carrollton and Town of Little Elm. Halff Associates recommends approval of the contract with this company. Urban Infraconstruction is also currently constructing the Phase 11 Street Reconstruction project for the City of The Colony. See attached Engineering Recommendation letter for additional information. With approval, the project is anticipated to start construction in January 2023 with an estimated completion in January 2024. Attachments: 54 Location Map Certified Bid Tab Summary Engineering Recommendation Letter Financial Summary Res. 2022-xxx Urban Infraconstruction Construction Services Contract.docx 55 MainPaigeNashFryer Ragan Blair OaksSouth ColonyBakerKeys Norris Nor th Colony Aztec Slay Strickland Reed Rice Roberts EthridgeWorley GatesElmNewton M a l o n e CurryLarner JoyNervin Crawfor d AlphaPruitt MemorialHale Big River AveryPemberton Adams C a l d w e l l WilcoxGibson TaylorKno x Carr Jenkins D r is c o llIreland Augusta John YatesKnightI o l a AshlockElliotWagner Sherman Glenview C l a r y SquiresStanley Clover Valley Brandenburg Hetherington Chapman Russell S t ew a r t Shannon Walker Wheeler Sagers Perrin BartlettLake Highlands SparksRutledge Buc k s k in Ramsey MillerKingAl l enP e a r c e Young Woodruff LakeshoreYager ApacheBedfordScottJennings DurangoD ur bi n GriffinP h e l p s WestwayMapl eWitt Overland Rock Canyon Rockwood Green Hollow Powers DarbyThompson QueenWard YoungerRolling HillArcher Kisor TerraceRed Oak MatsonAlta Oaks Waters Edge Cole Phoenix Marsh Teal CoveMayesAm hurstSutton Freeman BranchwoodDay SpringAndersonHendrix Paint er LibertyCheyenneMountain Valley RidgecrestHawse LookoutBear RunCook Watson G a r d n e r FisherSandhill PettitKean G a r v i n Westwood Acacia RearnWampler FoxfireLandmarkOakmont Blue GlenAsh Glen A listerLake Ridge Beach Club H o w a r d FosterEvans Windward H a m i l t o n G r a h a m S h o a l C r e e k Harbor M i d d l e t o n MerrellNorth Park Heron CoveH a c k n e y Gilliam Su ns e t OhareWestportMel r oyNia g ara Marks Crutchberry Willowbend Atterbury HedgecoxeJamesIndianola Overton KellerHanna Latimer Chowning Holden Monterrey MainMemorialPaigeMa y e s µPhase 12 Residential Street Reconstruction Location Map Alta Oaks Court Ballard Trail Runyon Drive West Lake Highlands Right Turn Lane 56 57 58 59 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $3,810,000.00 Fund(s) (Name and number): 895-669-6420-2259 Cost of recommended contract award: $ 3,529,692.91 Total estimated project cost: $ 249,490.00 Engineering Already authorized  Yes No $ 3,529,692.91 Construction Already authorized Yes  No $ 3,779,632.91 Total estimated costs 60 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE CITY OF THE COLONY AND URBAN INFRACONSTRUCTION, FOR THE PHASE 12RESIDENTIAL STREET RECONSTRUCTION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens to award a bid to Urban Infraconstruction., for the Phase 12 Street Reconstruction Project; and NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Manager of the City of The Colony, Texas is hereby awards a bid to Urban Infraconstruction, in the amount of $3,529,692.91 for such work. Section 2. That the City Manager or his designee is authorized to issue the appropriate purchase order(s) in accordance with the bid award. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 6TH DAY OF DECEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 61 Agenda Item No:4.8 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Non-Disturbance and Attornment Agreement with Coserv Gas, LTD. (Hartline) Suggested Action: Description: Jefferson Grandscape is currently constructing a multi-story Apartment Complex in the Grandscape development on Lot 4R1 (The Jefferson Property) in the City of The Colony. In City of The Colony Ordinance Nos. 2021-168472 and 2013-20487, a lien is created for assessments against “the Facility Property”, which appears to includes Lot 4R1, and the lien is effective as of the date of the Ordinance. The City’s lien for assessments can be foreclosed in the same manner as an valorem tax lien is foreclosed. Coserv has an existing easement across the Jefferson property and has requested that the city sign a Non-Disturbance and Attornment Agreement (NDA) so that their easement isn’t affected by any Lien that might be placed on the property that could require Foreclosure. Accordingly, an NDA was prepared by Coserv and this document has been reviewed and approved by city staff and the city attorney. A copy of both Ordinances and the NDA are attached for further review. The lien/assessment language can be found in Sections 6 and 7 in each Ordinance. Staff recommends approval of this NDA with Coserv. Attachments: City of the Colony Ord. 2021-2449 - Inst. No. 2021-168472 NDA. Public Improvement District Ordinance - Inst. No. 2013-20487. Res. 2022-xxx Coserv NDA.docx 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-DISTURBANCE AND ATTORNMENT AGREEMENT WITH COSERV GAS, LTD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Jefferson Grandscape is currently constructing a multi-story Apartment Complex in the Grandscape development on Lot 4R1 (The Jefferson Property) in the City of The Colony; and WHEREAS,in City of The Colony Ordinance Nos 2021-168472 and 2013-20487, a lien is created for assessments against “the Facility Property” which appears to include Lot 4R1 and the lien is effective as the date of the Ordinance; and WHEREAS,The City’s lien for assessments can be foreclosed in the same manner as an valorem tax lien is foreclosed; and WHEREAS,CoServ has an existing easement across the Jefferson property and has requested that the city sign a Non-Disturbance and Attornment Agreement (NDA) so that their easement isn’t affected by any Lien that might be placed on the property that could require foreclosure. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2.The City Manager is hereby authorized to execute the NDA on behalf of the City of The Colony, Texas. Section 3.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF DECEMBER 2022. Richard Boyer, Mayor City of The Colony, Texas 213 ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 214 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Contract in the amount of $1,222,000.00 with Huitt-Zollars, Inc. to provide Architectural and Civil Engineering Services for building interior renovations at the new City Hall Building located at 6053 Main Street. (Shallenburger) Suggested Action: Background: The City has approved funding for this project in the 2022 / 2023 CIP budget. The current City Hall Building is located at 6800 Main Street. This project is to relocate all functions from the current City Hall Building (excluding the Library) into a building at 6053 Main Street. The project includes full Architectural and Civil Engineering design services for an interior building renovation of both floors of the existing building at 6053 Main Street (approximately 34,000 square feet on an approximate 5-acre site.) This project will also include the design of a culvert between the new City Hall building and the adjacent Government Center Building (City Management and EDC Building). As part of this project, a complete vehicular and pedestrian Traffic Signal will also be evaluated and designed at the median open of FM 423 and the Government Center Building exit driveway. The services to be performed by Huitt-Zollars will consist of the following services/disciplines: *Architectural, Interior Design, (MEP) Mechanical, Electrical, Plumbing, Fire Protection, Civil Engineering and Surveying services *Programming *Concept/Schematic Designs *Design Development *(AV / IT) – Audiovisual, IT Infrastructure, and Security *Cost Estimating Services *Specifications Consulting and Document Preparation *Civil Construction Drawings/Documents (Building and Culvert) *Construction Administration (Building and Culvert) *Topographic Survey *Building LIDAR Scanning *Wetland Determination *Traffic Counts *Traffic Warrant Study *Traffic Signal Design/Bidding/Construction Administration *Bidding Assistance and Construction Administration (Building and Culvert) *Construction Management (Design/Bid/Build Only for Building and Culvert) 215 The total cost of the professional services contract with Huitt-Zollars, Inc. is $1,222,000.00. With approval, the final civil engineering construction drawings and specifications are anticipated to be completed in June 2023. The project is anticipated to start construction in August 2023 with an estimated completion in November 2024. Attachments: Scope of Services Financial Summary Res 2022-xxx Huitt- Zollars Professional Services Agreement.docx 216 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 11 EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION The current City Hall Building is located at 6800 Main Street. This project is to relocate all functions from the current City Hall Building (excluding the Library) into a building at 6053 Main Street. The project includes full design services for a full Interior building renovation of both floors of the existing building at 6053 Main Street (approximately 34,000 square feet on an approximate 5-acre site.) The services will consist of basic and special services. This proposal consists of the following services/disciplines:  The Professional will perform Architectural, Interior Design, (MEP) Mechanical, Electrical, Plumbing, Fire Protection, Civil Engineering and Surveying services.  Services for other consulting services will be subcontracted for, and are included as part of this proposal:  (AV / IT) – Audiovisual, IT Infrastructure, and Security  Cost Estimating Services – (prior to CMAR getting on board if utilized)  Specifications Consulting and Preparation  Traffic Counts  Wetland Determination SCOPE OF SERVICES: BASIC SERVICES Programming Programming services will consist of:  Identifying project goals, objectives and programmatic requirements.  Produce programming questionnaire to solicit input from the Leadership Team including operational forecasts and projections to establish minimum functional requirements as well as expectations for the facility. The focus will be on departments, adjacencies of departments, shared vs separate support spaces (i.e.: conference rooms, break rooms, supplies, etc.).  After receiving responses, the Professional will set up meetings with the decision makers to review and confirm responses are in alignment with the overall goal and objectives of the project. 217 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 12  The data will be put into a program spreadsheet assigning square footages to spaces and noting requirements confirmed by the City. This will be submitted to the City’s Leadership Team (Leadership) for review and comment.  Once the program spreadsheet is approved, the Professional will provide a blocking plan and stacking diagram to illustrate spatial relationships between departments and functions. Deliverable: Architectural programming report, block plan, and stacking diagram. Conceptual / Schematic Design  Meet with the Leadership to discuss goals, aesthetics, function and image, as well as any current issues that need to be addressed through the design effort.  The Professional will gather preliminary information defining the overall character of the interior spaces and any preliminary design thoughts.  The Professional will provide up to 2 Space Planning options for review and direction, as well as one revision of the option to proceed with (as part of Basic Services).  Evaluate the need of a secondary Building Exterior entrance to the Council Chamber.  The Professional will present preliminary interior materials and finishes to illustrate design concepts. Recommendations for lighting options will also be reviewed and discussed.  Review and discussion of overall schedule projections for the remaining phases.  The Professional will provide design of one drive-through for utility billing.  The Professional will provide design for new roof AC units and associated system.  The Professional will provide design of a new roof. Deliverable: 100% Schematic Design Architectural and Interiors drawings. Design Development Upon City approval of Conceptual / Schematic Design phase, the Professional will commence with Design Development. Services will include:  Further development of approved Space / Floor plans.  Development of 2 finish schemes.  Review scope and extent of millwork.  Development of ceiling and lighting plans. 218 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 13  Prepare design of secondary entrance to Council Chamber.  The Professional will provide design of one drive-through for utility billing.  The Professional will provide design for new roof AC units and associated system.  The Professional will provide design of a new roof.  Elevations of key areas to describe design intent.  Power/Data plans locating equipment locations and types, such as audio/visual equipment, copiers, appliances, and any other special equipment.  Further development of finish selections.  Further coordination of furniture types and selections.  Provide opinion of probable construction cost estimate (OPCC). Deliverable: 100% Design Development drawing package of Architectural, Interiors, MEP, AV/IT, Civil scopes, and OPCC. Construction Documents Upon City approval of Design Development Phase, the Professional will commence with Construction Documents. Services will include:  Architectural floor plans defining space lay-outs, dimensions, finish selections and locations of materials, and references to elevations and details.  Preparation of Demolition floor plans, as applicable, for removal of existing, partitions, ceilings, ductwork and lighting systems.  Architectural interior elevations, wall finishes and millwork.  Architectural reflected ceiling plans with lighting and MEP devices.  Door, hardware, and finish schedules.  Prepare design of secondary entrance to Council Chamber.  The Professional will provide design of one drive-through for utility billing.  The Professional will provide design for new roof AC units and associated system.  The Professional will provide design of a new roof.  MEP drawings (utilizing new MEP plenum equipment and devices, as well as new lighting).  Submit 100% Construction Documents for City review.  Upon City approval of the Construction Documents, the Professional will issue documents for bidding (or pricing depending on Delivery method), permitting and TAS (ADA) review.  Provide opinion of probable construction cost estimate. 219 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 14 Deliverables: 50% Construction Documents and Preliminary Draft Specifications (Architectural, Interiors, MEP, AV/IT, Civil scopes). 100% Final Construction Documents, OPCC and Specifications (Architectural, Interiors, MEP, AV/IT, Civil scopes). Bidding Assistance  The Professional will assist the City with the preparation of the bid form, scope statement, pre-bid agenda, responses to bidders RFI’s and issue addenda if necessary and bid tabulations form.  Two bid packages will be provided, Building & Driveway/Culvert. The second package if needed will be provided under the Traffic Signal Design section of this proposal.  The Professional will assist the City in the review and evaluation of Bid packages received.  The Professional will provide bid recommendations to the City. Construction Administration Professional support services for Bidding, Construction Administration, Close-Out Record Documents and Warranty Reviews, including:  Attend weekly construction virtual meetings for a maximum of 24 - 1-hour meetings.  Visit the job site up to two times per month to review the progress and quality of the work, as well as compliance with the Construction Documents.  Review contractor submittals, such as shop drawings, product data, and samples to ensure they meet the design concept and comply with contract documents. The Professional’s review shall not include a review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. The Professional’s review shall be conducted with reasonable promptness while allowing sufficient time in the Professional’s judgment to permit adequate review. Review of a specific item shall not indicate that the Professional has reviewed the entire assembly of which the item is a component.  Construction administration services include building renovation and new driveway culvert installation.  Based on observations of construction progress at the site and on a review of the Contractor's Payment Request, rhe Professional shall make recommendations to the City relative to progress payments. The Professional shall not be deemed to 220 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 15 represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the contract sum.  Review and comment on contractor's substantial completion punch list items and/or work to be corrected or replaced.  Review furniture submittals. SPECIAL SERVICES In addition to the Basic Services listed above, the Professional has also included Special Services for: Topographic Survey – The Professional will perform a topographic survey of an approximate area of 500 feet by 500 feet between the new City Hall site and the existing Administration Building for the purpose of constructing a driveway connection. The survey will include cross-sections and spot elevations taken at 50-foot intervals and at grade breaks in order to produce a topographic map with one-foot contours suitable for civil design. Visible above ground improvements such as pavement, utilities, fences, and protected trees will be located and shown on the survey. A CAD-based topographic map will be prepared to show the results of the topographic survey. If additional topographic survey is required, then a separate scope and fee will be provided to the City for review and approval. Perform topographic survey for the Main/Nash intersection, 150 feet beyond the curb returns in all four directions, include storage length of the turn bays if present, locate all existing features including hydrants, poles, street lights, etc. Building LIDAR Scanning – The Professional will provide as-built scanning of approximately 34,000 square feet of interior space, exterior ground level within 10 feet of the exterior face of building. Scanning will only document readily visible existing structure and excludes features that are not visible or areas above the ceilings. A Revit model will be developed from the scanning. Civil Construction Drawings – The Professional will prepare construction drawings for a proposed 24-foot wide driveway connection between the new City Hall site and the existing Administration Building with a proposed drainage box culvert. 221 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 16 Wetland Determination – A delineation of all waters of the United States, including wetlands, within the project site between the new City Hall site and existing Administration Building will be prepared. The delineation will be utilized to avoid and minimize impacts to the waters of the United States, if any are found to be present on the site. Permitting with USACE and other permitting agencies are not included in the services. Traffic Counts – 24 hours bi-directional traffic volume counts will be collected for all 4 approaches at the Main and Nash Street intersection by a third-party vendor. The Professional will review the traffic volume counts. Traffic Warrant Study – Provide traffic engineering services to analyze and provide a signal warrant study for the Main/Nash intersection. The traffic signal warrant study will include the following tasks:  Examine available traffic counts and accident reports for the intersections.  Collect 24-hour bi-directional tube counts (4 Locations per intersection) for the all approaches, including pedestrian, bike, and vehicle classifications.  Analysis the collected data per the TMUTCD-Traffic Signal Warrant criteria.  Create Synchro Models for the intersection  Perform sight distance Analysis for intersection.  Prepare a report detailing the results of the warrant analysis.  Prepare the required exhibits for the report.  Furnish to the City with one (1) hardcopy of the report and one (1) electronic copy of the report. Traffic Signals Design/Bid/Construction Administration The design will include mast arms, foundations, vehicle detection, cabinet, conduit, ground boxes, cabling, and intercommunication conduits and cables to the next signal. Proposed power source location will be coordinated. New traffic signage and roadway striping will be designed for the approaches to the traffic signal. All typical signal features will be included in the design such as video detection, accessible pedestrian buttons, LED heads, pedestrian countdown heads, and preparations for audible pedestrian signals (APS). Enhanced pedestrian safety at the intersections including sidewalks and ADA ramps will also be included. Plan sheets will be prepared according to TxDOT’s standard format, including: Existing conditions including:  All existing street signage and pavement markings.  All utility lines including traffic signal conduit. 222 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 17  Parkway and roadway structures.  Demolition and Removal Traffic Signal Plan including:  Proposed traffic signal layout  Proposed underground conduit layout  Conduit and Cable Run Schedule  Phasing diagram  Pole schedule table  Signal Head schedule  Ground Box schedule  Cable schedule for poles, vehicle detection systems, push buttons, signal heads & countdown pedestrian heads.  Total Estimated Quantities table  Traffic Signal General Notes Typical details-signal head, pedestrian push button, and controller foundation. Technical specifications will be prepared in order to procure the appropriate materials from the bidders or subcontractors. These specifications will incorporate references from the City where appropriate. The Professional will provide Bid Assistance and Construction Administration support of the proposed signals. Construction Management  Conduct two (2) Pre-Construction Conferences.  Assume a construction duration of six (6) months for building renovation and driveway/culvert. The six (6) months duration starts when Contractors commences with Contractor mobilization on site and concludes with certificate of substantial completion and completion of all punch list items.  Provide one full-time, on-site personnel to make observations of the work in progress and provide daily reports to the City. The Professional’s Construction Manager (Construction Manager) will endeavor to protect the City against deficiencies in the Contractor’s work that does not meet the quality standards specified in the construction documents. Construction Manager shall have no responsibility for construction means, methods, techniques, sequences, procedures, or for safety precautions or programs in connection with the construction work.  Provide consultation and advice to the City during construction. 223 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 18  Monitor the Construction Contractor’s progress daily and prepare a daily work report for each calendar day of the construction contract. Construction Manager shall include quantities completed and material received in the daily reports as a means to verify monthly progress. The daily reports shall be reviewed against the plans and previously reported completed work to compare the monthly progress achieved against scheduled progress.  Prepare a monthly progress status report for the project and submit to the City. The progress report shall present an assessment of the current status of the project and work remaining. The Construction Manager shall meet with the City to review contract status, provide information and make recommendations pertinent to the project as appropriate.  Based on observations of construction progress at the site, the daily reports and a review of the Construction Contractor's Payment Request, the Construction Manager shall prepare monthly invoices for review and approval by the City. The Construction Manager shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the contract sum.  Receive and log submittals shop drawings, catalog data, laboratory, shop and mill test reports of materials and equipment from the Construction Contractor and route for review.  Coordinate the sampling and testing of materials to be performed by the material testing laboratory. The Construction Manager shall receive and maintain the records provided by the testing lab.  Conduct progress meetings with the Construction Contractor to review actual progress and near-term future work. Construction Manager shall document the meeting and provide the City with minutes of the meeting.  Recommend the issuance of a stop work order by the City as necessary.  Assist the City with coordination between local municipal authorities, utility companies, and others who may be involved in the project. Construction Contractor will be required to provide evidence that all required permits, licenses and certificates have been obtained.  Monitor the construction work to determine that the materials furnished are in general conformance with the drawings and specifications. This includes checking the Construction Contractor’s material certifications and samples, monitoring that delivered materials are the same as the samples.  Receive, log, evaluate, and respond to Construction Contractor’s Requests for Information.  Prepare, log and submit Requests for Proposals (RFP) to the Construction Contractor. Upon receipt of the Construction Contractor’s proposal, Construction Manager shall review and evaluate the proposal in terms of cost and schedule. As necessary, the 224 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 19 Construction Manager shall conduct negotiations with the Construction Contractor. Construction Manager shall then prepare a recommendation of the Construction Contractor’s proposal to the City for review and acceptance.  Based upon the City-accepted proposals from the Contractor, Construction Manager shall prepare change orders for execution by the Construction Contractor and the City.  Investigate customer complaints concerning the Construction Contractor’s operations. The Contractor shall be advised of the complaint and required to remedy the situation. The City shall be notified of the complaint with recommended remedy.  Establish and maintain files for all construction-related project documents, including contracts, drawings, specifications, correspondence, requests for information, submittals, shop drawings, and other documents. The Construction Manager shall maintain detailed financial records for the project, including payment requests, and supporting documentation. The Construction Manager shall monthly review Construction Contractor’s “as-built” drawings to review the incorporation of field changes.  Compare the safety requirements of the contract documents and the Construction Contractor’s written safety program and advise the City of identified discrepancies. Conduct of the Construction Contractor’s safety program, as well as the means and methods of construction, shall remain the whole and exclusive responsibility of the Construction Contractor.  Conduct a substantial completion inspection and prepare for the City approval a Certificate of Substantial Completion and attach a list of any work to be completed or corrected.  Conduct a final inspection of the project in conjunction with the City. Upon receipt of the project close-out documents from the Construction Contractor, Construction Manager shall prepare a Certificate of Final Completion and other documentation for approval by the City. Building/Culvert Construction Delivery Method A formal decision has not been made at this time for the Construction Delivery method, between a Design/Bid/Build vs. a CMAR (Construction Manager at Risk). The Professional recommends the utilization of the CMAR delivery method for Construction Services, and to bring the CMAR on board early in the Phase 2 Design Development stage. The CMAR delivery will provide helpful input during the Design phase, as well as assist the Design Team in management of the project budget. Traffic Signals The Traffic Signals will be under the Design/Bid/Build construction delivery method. 225 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 20 EXCLUDED SERVICES:  Environmental investigations (lead, asbestos, mold, environmental permitting, NEPA investigations, etc.).  Property boundary survey.  Traffic Studies other than traffic counts at Main/Nash intersection, traffic signal warrant study at Main/Nash and traffic signal design at Main/Nash intersection.  Any scope for design and engineering services to remedy building deficiencies identified in the previous Facilities Conditions Assessment report the City had done approximately 3 years ago, except new roof AC units, associated system and Roofing replacement.  Inventory and Evaluation of existing furniture, fixtures, and equipment (FF&E) in existing City Hall Facility (for any potential relocation and re-use).  Any other on and off-site civil engineering related site work improvements.  Geotechnical Investigation.  Environmental Permitting.  FEMA Study.  FEMA LOMR.  Bridge Design. CITY-PROVIDED SERVICES OR MATERIALS: Items to be provided by the City include:  Property survey (boundary).  City staff and departmental organizational charts and lists for all staff and functions to be relocated from their current facility to the newly renovated facility.  Any equipment or other items to be relocated to the newly renovated facility.  Recording Drawings if available. 226 HUITT-ZOLLARS, INC. PROFESSIONAL SERVICES AGREEMENT FOR CITY HALL BUILDING RENOVATIONS LOCATED AT 6053 MAIN STREET Page 21 EXHIBIT B BUDGET REQUIREMENTS AND WORK SCHEDULE BUDGET REQUIREMENTS: The services will be completed by a payment of a not to exceed fee of $1,222,000.00. All tasks will be paid on a lump sum basis except for construction management which will be paid on a time and materials basis. No work outside the approved scope of work should be performed by the Professional without prior written approval and Change Order to the signed contract. Proposed fees are as follows: BASIC SERVICES: Programming $ 9,610.00 Lump Sum Concept/Schematic Designs $ 76,000.00 Lump Sum Design Development $ 176,875.00 Lump Sum Construction Documents $ 247,680.00 Lump Sum Cost Estimating $ 23,155.00 Lump Sum IT/AV/Security $ 50,820.00 Lump Sum Spec Writing $ 5,500.00 Lump Sum Bidding Assistance (Building/Culvert) $ 25,610.00 Lump Sum Construction Administration (Building/Culvert) $ 153,750.00 Lump Sum Basic Services Total $ 769,000.00 Lump Sum SPECIAL SERVICES: Topographic Surveying $ 8,800.00 Lump Sum Building LIDAR Scanning $ 16,400.00 Lump Sum Civil Engineering $ 29,000.00 Lump Sum Wetland Determination $ 2,500.00 Lump Sum Traffic Counts $ 5,500.00 Lump Sum Traffic Warrant Study $ 16,300.00 Lump Sum Traffic Signal Design/Bidding/Construction Admin. $ 58,500.00 Lump Sum Construction Management (Design/Bid/Build Only) $ 307.500.00 Hourly Special Services Total $ 444,500.00 Reimbursable Expenses $ 8,500.00 Lump Sum Grand Total $1,222,000.00 WORK SCHEDULE: The final design services outlined in this proposal shall be completed within seven months (7) after receipt of a written Notice to Proceed from the City of The Colony. 227 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $1,750,000.00 (Trinity North-Remodeling Remaining Building) Fund(s) (Name and number): 895-668-6640-2309 Cost of recommended processional services contract award: $ 1,222,000.00 Total estimated project cost: $ 1,222,000.00 Professional Services Already authorized Yes  No $ 1,222,000.00 Total estimated costs 228 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HUITT- ZOLLARS, INC., TO PROVIDE ARCHITECTURAL AND CIVIL ENGINEERING SERVICES FOR BUILDING INTERIOR RENOVATIONS AT THE NEW CITY HALL BUILDING LOCATED AT 6053 MAIN STREET; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of Huitt-Zollars, Inc., for building interior renovations at the new City Hall building located at 6053 Main Street; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Professional Services Agreement with Huitt-Zollars, Inc., to provide architectural and civil engineering services; and WHEREAS, with said Professional Services Agreement, the City is agreeing to pay the sum of $1,222,000.00 for such work. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The Professional Services Agreement, is found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute said Professional Services Agreement on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 6TH DAY OF DECEMBER 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary 229 APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 230 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider approving the City Council meeting schedule for 2023. (Council) Suggested Action: Attachments: Council Meeting Dates - Schedule 2023.pdf 231 2023 City Council Meeting Dates City of The Colony Council meetings are normally the 1st and 3rd Tuesdays of each month. January 3 January 17 February 7 February 21 March 7 (LISD Spring Break March 13-17) March 21 April 4 April 18 May 2 May 16 June 6 June 20 July 5 July 18 August 1 August 15 September 5 September 19 October 4 (Wed due to National Night Out Oc.t 3rd) October 17 November 8 (Wed due to Election Day Nov. 7th) November 21 December 5 December 19 This schedule is subject to change. Confirmation of dates is recommended during months with holidays. 232 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b). (Council) Suggested Action: Attachments: Mayor and Deputy Mayor Pro Tem.pdf 233 234 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors. (Council) Suggested Action: Attachments: TIRZ #1 Members.pdf 235 Updated: November 2021 TAX INCREMENT REINVESTMENT ZONE NO. 1 TERM NAME PLACE ORIG.APPOINTMENT EXPIRES Brian Wade 1 2021 12-22 Richard Boyer, Chair 2 2011 12-22 Troy Powell 3 2011 12-22 Tim Miller, Secretary 4 2011 12-22 David Terre 5 2021 12-22 Joel Marks 6 2011 12-23 Perry Schrag 7 2011 12-23 Commissioner Ron Marchant 8 2011 12-23 1029 W. Rosemeade Parkway County appoints Carrollton, TX 75007 Commissioner Barry Jordan 9 2018 12-23 1819 Addington Drive County appoints Carrollton, TX 75007 Terms: 2 years, staggered Members: 9 Designated area is Grandscape 236 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one-year term. (Council) Suggested Action: Attachments: Sec. 3 of TC Ordinance No. 2011-1926.pdf 237 238 Agenda Item No:5.6 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors. (Council) Suggested Action: Attachments: TIRZ #2 Members.pdf 239 Updated December 2021 TAX INCREMENT REINVESTMENT ZONE NO. 2 NAME PLACE ORIG.APPOINT EXPIRES TERM Judy Ensweiler 1 12-21 12-23 Richard Boyer, Chair 2 12-13 12-23 Robyn Holtz 3 12-21 12-23 Troy Powell 4 12-13 12-22 Tim Miller 5 12-13 12-22 Joel Marks, Secretary 6 12-13 12-22 David Terre 7 12-14 12-22 Kristian Teleki 8 12-13 12-23 320 W. Main Lewisville, TX 75057 . VACANT 9 12-23 Terms: 2 years, staggered Members: 9 Created by Ord No. 2013-2034, December 3, 2013 Designated Area is The Tribute 240 Agenda Item No:5.7 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one-year term. (Council) Suggested Action: Attachments: Sec. 3 of TC Ordinance No. 2013-3034.pdf 241 242 Agenda Item No:5.8 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Local Development Corporation Board of Directors. (Council) Suggested Action: Attachments: LDC Members.pdf 243 Updated December 2021 LOCAL DEVELOPMENT CORPORATION TERM NAME PLACE ORIG.APPOINTMENT EXPIRES Judy Ensweiler 1 12-21 12-22 Richard Boyer, Chair 2 11-11 12-22 Brian Wade 3 12-16 12-22 Troy Powell, Treasurer 4 11-11 12-22 Tod Maurina 5 11-11 12-22 David Terre, Secretary 6 11-11 12-23 Kirk Mikulec, Vice-Pres. 7 11-11 12-23 Perry Schrag 8 11-11 12-23 Joel Marks 9 11-11 12-23 Terms: 2 years, staggered Members: 9 244 Agenda Item No:5.9 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairman for a one-year term. (Council) Suggested Action: Attachments: Article II of LDC Bylaws.pdf 245 246 247 Agenda Item No:5.10 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Hotel Development Corporation Board of Directors. (Council) Suggested Action: Attachments: HDC Members.pdf 248 Updated December 2021 HOTEL DEVELOPMENT CORPORATION TERM NAME PLACE ORIG.APPOINTMENT EXPIRES Judy Ensweiler 1 12-21 12-22 Richard Boyer, Chair 2 01-21 12-22 Brian Wade 3 01-21 12-22 Troy Powell, Treasurer 4 01-21 12-22 Tim Miller 5 01-21 12-22 David Terre, Secretary 6 01-21 12-23 Robyn Holtz 7 12-21 12-23 Perry Schrag 8 01-21 12-23 Joel Marks 9 01-21 12-23 Terms: 2 years, staggered Members: 9 249 Agenda Item No:5.11 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member to the Hotel Development Corporation Board of Directors to serve as Chairman for a one-year term. (Council) Suggested Action: Attachments: Article II of HDC Bylaws.pdf 250 251 Agenda Item No:5.12 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to Council committees and appoint liaisons to the various Council appointed boards. (Council) Suggested Action: Attachments: City Council Appointed Committees.pdf 252 City Council Appointed Committees Place 1 – Judy Ensweiler Library Place 2 – Robyn Holtz Technologies Place 3 – Brian Wade Community Development Corporation (Joel Marks Alternate) Economic Development (Alternate) Place 4 – David Terre Animal Services Planning & Zoning Commission (Perry Schrag Alternate) Chamber of Commerce Place 5 – Perry Schrag Economic Development (Brian Wade Alternate) Planning & Zoning Commission (Alternate) Place 6 – Joel Marks Board of Adjustment Keep The Colony Beautiful Community Development Corporation (Alternate) 253 Agenda Item No:5.13 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider rescheduling or canceling the December 20, 2022 City Council meeting (Observance of Christmas) and provide direction to staff. (Council) Suggested Action: Attachments: 254 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 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 Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and 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: 255 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: December 6, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 256