HomeMy WebLinkAboutCity Packets - City Council - 03/06/2024 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
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. (Stansell)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Isaac Williams
Submitting Department: Planning and Development
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and provide direction to staff regarding the Elm Street (Commercial
Destination) Strategic Focus Area. (Williams)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Isaac Williams
Submitting Department: Planning and Development
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and provide direction to staff regarding a request for extension of the
temporary allowance of 250 Tesla vehicles stored within the “Colony Center” parking lot. (Williams)
Suggested Action:
Attachments:
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from February 20, 2024. (Stewart)
Suggested Action:
Attachments:
February 20, 2024 DRAFT Minutes.docx
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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
FEBRUARY 20, 2024
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 20
th day of February 2024, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Richard Boyer, Mayor
Judy Ensweiler, Deputy Mayor Pro Tem
Robyn Holtz, Councilmember
Brian Wade, Councilmember
Dan Rainey, Councilmember
Perry Schrag, Mayor Pro Tem
Joel Marks, Councilmember
Present
Absent (Personal)
Absent (Personal)
Present
Present
Present
Present
And with 5 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.
1.2 Invocation
Pastor Che Hightower with Serenity Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Receive a presentation from the Library regarding National Library Lovers' Month,
volunteer recognition, and presentation of the James W. Althaus Volunteer of the
Year Award.
Library Director, Megan Charters, presented the James W. Althaus Volunteer of
the FY 22-23 Year Award to Dell Holmes. She announced that the Library has also
won the Achievement of Excellence in Libraries Award presented by the Texas
Municipal Library Directors Association.
1.6 Items of Community Interest
1.6.1 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
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City Council – Regular Meeting Agenda
February 20, 2024
Page| 2
2.0 CITIZEN INPUT
None.
3.0 WORK SESSION
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
3.1 Receive a presentation, discuss and provide direction to staff regarding the Elm
Street (Commercial Destination) Strategic Focus Area.
3.2 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
4.6- Marks; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular meeting minutes from February 6, 2024.
4.2 Consider approving Council expenditures for December 2023.
4.3 Consider approving a resolution authorizing the City Manager to amend a purchase
order to Atlas Utility Supply Co. to reflect the total amount of $80,000 to purchase
meters and meter parts.
RESOLUTION NO. 2024-016
4.4 Consider approving a resolution authorizing the City Manager to issue a purchase
order to Turf and Soil Management, LLC in the amount of $53,466.75, to be funded
by the Community Development Corporation, for a Turftime FX650 top dresser.
RESOLUTION NO. 2024-017
4.5 Consider approving a resolution authorizing the City Manager to execute a contract
with STS 360 for the purchase and installation of security cameras at the New
Recreation center in an amount not to exceed $80,216.42 to be funded by the
Community Development Corporation.
RESOLUTION NO. 2024-018
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City Council – Regular Meeting Agenda
February 20, 2024
Page| 3
***ITEM PULLED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION.***
4.6 Consider approving ordinances amending the Code of Ordinances by repealing the
2018 Editions of International Codes and adopting the 2021 Editions of the
following International Codes - the International Residential Code, International
Building Code, International Mechanical Code, International Plumbing Code,
International Energy Conservation Code, International Fuel Gas Code,
International Swimming Pool and Spa Code, International Existing Building Code,
all with local amendments; and repealing the 2017 Edition of the National Electric
Code and replacing it with the 2020 Edition of the National Electric Code with local
amendments.
Motion to table to next agenda meeting- Schrag; second by Wade, motion carried with all ayes.
5.0 REGULAR AGENDA ITEMS
5.1 [CONTINUED FROM 12/05/2023]Conduct a public hearing, discuss and
consider an ordinance regarding the approval of a Specific Use Permit (SUP) to
allow an A/C and Heating Shop with outside storage use known as “Colony Air
Conditioning and Heating,” at 4805 South Colony Blvd, containing approximately
9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and
Gateway Overlay District.
Planning Director, Isaac Williams, gave an overview of the item.
The public hearing closed at 6:55 p.m. with no speakers.
Motion to approve –Schrag; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2024-2548
5.2 Discuss and consider approving a resolution authorizing the City Manager to
execute a Construction Services Contract with Greeniverse Construction, LLC for
construction of the Park Loop Trail Phase II and Aquatic Park Trail Connection in
an amount not to exceed $1,146,699.69 to be funded by the Community
Development Corporation.
Park Development Manager, Calvin Lehmann, gave an overview of the proposed
resolution.
Motion to approve –Wade; second by Rainey, motion carried with all ayes.
RESOLUTION NO. 2024-019
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City Council – Regular Meeting Agenda
February 20, 2024
Page| 4
5.3 Discuss and consider approving a resolution authorizing the City Manager to
execute a Construction Contract with Mooring USA for the renovation of Stewart
Creek Elementary Phase 2 (New Recreation Center) through the TIPS Purchasing
Cooperative in an amount not to exceed $1,061,067.00 to be funded by the
Community Development Corporation.
Park Development Manager, Calvin Lehmann, gave an overview of the proposed
resolution.
Motion to approve –Marks; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2024-020
5.4 Discuss and consider approving a resolution authorizing the City Manager to
execute a Construction Services Contract in the amount of $1,640,790.00 with
A&B Construction, LLC. for the Sanitary Sewer Pipe Crossing Replacement on a
USACE property near Ragan Place.
Director of Engineering, Ron Hartline, presented the proposed resolution to
Council.
Motion to approve –Schrag; second by Marks, motion carried with all ayes.
RESOLUTION NO. 2024-021
5.5 Discuss and consider rescheduling or canceling the May 21, 2024 City Council
meeting and provide direction to staff.
Council provided discussion on this item.
Motion to cancel the May 21, 2024 City Council meeting–Schrag; second by Marks, motion
carried with all ayes.
Executive Session was convened at 7:22 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).
B. Council shall convene into a closed executive session pursuant to Sections
551.071 of the Texas Government Code to receive legal advice from the City
Attorney regarding pending or contemplated litigation or settlement offer
concerning – City of The Colony, Texas v. Hemant Patel and Profound
Investments, LLC, Cause No. 24-0655-431, 431st District Court, Denton County,
Texas.
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City Council – Regular Meeting Agenda
February 20, 2024
Page| 5
Regular Session was reconvened at 7:42 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
B. Any action as a result of executive session regarding pending or contemplated
litigation or settlement offer concerning – City of The Colony, Texas v. Hemant
Patel and Profound Investments, LLC, Cause No. 24-0655-431, 431st District
Court, Denton County, Texas.
Motion to approve settlement agreement in the matter of City of The Colony, Texas v. Hemant
Patel and Profound Investments, LLC as presented in executive session-Wade; second by
Marks, motion carried with all ayes.
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:44 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for January 2024. (Council)
Suggested Action:
Attachments:
City Council January 2024 Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing continued participation with the Atmos Cities Steering Committee;
and authorize the payment of five cents per capita to fund regulatory and related activities. (Miller)
Suggested Action:
Attachments:
ACSC 2024 Assessment Model Staff Report.pdf
Action Needed Memo-2024 ACSC Renewal Assessment.pdf
Res. 2024-xxx Continued participation with Atmos Cities Steering Committee.docx
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STAFF REPORT ON ASSESSMENT RESOLUTION
FOR ATMOS CITIES STEERING COMMITTEE
Purpose of the Resolution:
Most municipalities have retained original jurisdiction over gas utility rates and services
within municipal limits. The Atmos Cities Steering Committee (“ACSC”) is composed of 185
municipalities in the service area of Atmos Energy Corporation, Mid-Tex Division that have
retained original jurisdiction. Atmos is a monopoly provider of natural gas. Because Atmos has
no competitors, regulation of the rates that it charges its customers is the only way that cities can
ensure that natural gas rates are fair. Working as a coalition to review the rates charged by Atmos
allows cities to accomplish more collectively than each city could do acting alone. Cities h ave
more than 100 years experience in regulating natural gas rates in Texas.
ACSC is the largest coalition of cities served by Atmos Mid-Tex. There are 185 ACSC
member cities, which represent more than 60 percent of the total load served by Atmos -Mid Tex.
ACSC protects the authority of municipalities over the monopoly natural gas provider and defends
the interests of residential and small commercial customers within the cities. Although many of
the activities undertaken by ACSC are connected to rate cases (and therefore expenses are
reimbursed by the utility), ACSC also undertakes additional activities on behalf of municipalities
for which it needs funding support from its members.
The ACSC Membership Assessment Supports Important Activities:
ACSC is actively involved in rate cases, appeals, rulemakings, and legislative efforts
impacting the rates charged by Atmos within the City. These activities will continue throughout
the calendar year. It is possible that additional efforts will be necessary on new issues that arise
during the year, and it is important that ACSC be able to fund its participation on behalf of its
member cities. A per capita assessment has historically been used, and is a fair method for the
members to bear the burdens associated with the benefits received from that membership.
Explanation of Resolution Paragraphs:
I. This paragraph authorizes the continuation of the City’s membership in ACSC.
II. This paragraph authorizes payment of the City’s assessment to the ACSC in the
amount of five cents ($0.05) per capita.
III. This paragraph requires notification that the City has adopted the Resolution.
Payment of Assessment
The assessment payment check should be made out to “Atmos Cities Steering Committee”
and mailed to Brandi Stigler, Atmos Cities Steering Committee, c/o Arlington City Attorney’s
Office, Mail Stop 63-0300, 101 S. Mesquite St., Suite 300, Arlington, Texas 76010.
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MEMORANDUM
TO: Atmos Cities Steering Committee
FROM: Jennifer Richie, Chair, Atmos Cities Steering Committee
DATE: January 8, 2024
RE: Action Needed - 2024 Atmos Cities Steering Committee Membership Assessment
Invoice
On December 7, 2023, the Atmos Cities Steering Committee (“ACSC”) held a quarterly meeting
with representatives from Atmos Energy. During the meeting, the group held a discussion of upcoming
natural gas issues and approved the assessment for ACSC membership. Using the population-based
assessment protocol previously adopted by ACSC, the assessment for 2024 is a per capita fee of $0.05. This
is the same amount as was adopted for 2019-2023.
ACSC protects the authority of municipalities over the monopoly natural gas provider and defends
the interests of the residential and small commercial customers within the cities. Cities are the only
consumer advocates that work to keep natural gas rates reasonable. The work undertaken by ACSC has
saved ratepayers millions of dollars in unreasonable charges. In order to continue to be an effective voice
at the Railroad Commission, at the Legislature, and in the courts, ACSC must have your support. Please
take action to pay the membership assessment as soon as possible. Payment of the membership assessment
fee shall be deemed to be in agreement with the terms of the ACSC participation agreement.
Although ACSC does not require that your city take action by resolution to approve the assessment,
some members have requested a model resolution authorizing payment of the 2024 membership
assessment. To assist you in the assessment process, we have provided the following documents for your
use:
ACSC 2023 Year in Review
Model resolution approving the 2024 assessment (optional, provided for those cities that
have requested a resolution to authorize payment)
Model staff report supporting the resolution
List of Atmos Cities Steering Committee members
2024 Assessment invoice
2023 Assessment invoice and statement (only included if not yet paid)
Blank member contact form to update the distribution lists
Please forward the membership assessment fee and, if applicable, the signed resolution to Brandi
Stigler, Atmos Cities Steering Committee, c/o City Attorney’s Office, Mail Stop 63-0300, 101 S. Mesquite
St., Suite 300, Arlington, Texas 76010. Checks should be made payable to: Atmos Cities Steering
Committee.
If you have any questions, please contact ACSC Chair Person, Jennifer Richie (254/750-5688).
ACSC’s counsel, Thomas Brocato (tbrocato@lglawfirm.com) at 512/322-5857 is also available to assist
you.
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8185501 1
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - _______
A RESOLUTION AUTHORIZING MEMBERSHIP IN THE
ATMOS CITIES STEERING COMMITTEE; AND
AUTHORIZING THE PAYMENT OF FIVE CENTS PER
CAPITA TO THE ATMOS CITIES STEERING
COMMITTEE TO FUND REGULATORY AND RELATED
ACTIVITIES RELATED TO ATMOS ENERGY
CORPORATION
WHEREAS,the City of The Colony is a regulatory authority under the Gas Utility Regulatory
Act (GURA) and has exclusive original jurisdiction over the rates and services of
Atmos Energy Corporation, Mid-Tex Division (Atmos) within the municipal
boundaries of the city; and
WHEREAS,the Atmos Cities Steering Committee (ACSC) has historically intervened in Atmos
rate proceedings and gas utility related rulemakings to protect the interests of
municipalities and gas customers residing within municipal boundaries; and
WHEREAS,ACSC is participating in Railroad Commission dockets and projects, as well as
court proceedings and legislative activities, affecting gas utility rates; and
WHEREAS,the City would like to become a member of ACSC; and
WHEREAS, in order for ACSC to continue its participation in these activities which affects the
provision of gas utility service and the rates to be charged, it must assess its
members for such costs; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS:
I.
That the City is authorized to become a member in the Atmos Cities Steering Committee
to protect the interests of the City of The Colony and protect the interests of the customers of
Atmos Energy Corporation, Mid-Tex Division residing and conducting business within the City
limits.
II.
The City is further authorized to pay its 2024 assessment to the ACSC in the amount of
five cents ($0.05) per capita.
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8185501 2
III.
A copy of this Resolution and approved assessment fee payable to “Atmos Cities Steering
Committee” shall be sent to:
Brandi Stigler
Atmos Cities Steering Committee
c/o Arlington City Attorney’s Office, Mail Stop 63-0300
101 S. Mesquite St., Suite 300
Arlington, Texas 76010
PRESENTED AND PASSED ON THIS 6TH DAY OF MARCH, 2024, BY A VOTE
OF ______ AYES AND ______ NAYS AT A REGULAR MEETING OF THE CITY OF
THE COLONY, TEXAS.
_________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Kimberly Thompson
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Police Department contract for
towing services awarded to LW's Towing. (Coulon)
Suggested Action:
This contract is for one (1) year with the option to extend the agreement for four (4) additional years on the
same terms and conditions.
Attachments:
RFP 75-24-04 Towing Storage & Services_Tabulation.pdf
RFP 75-24-04 Towing Storage & Services_Evaluation Sheet - AWARD.pdf
RFP 75-24-04 Towing Storage Sercices_Professional Service Agreement.docx
Res 2024-xxx LW's Towing Agreement.docx
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Item No Description LW TOWING PRO TOW
1 Vehicle(s)/ Combination of Vechicle up to 10,000 lbs. GVWR $165.00/Tow $174.00/Tow
2 Vehicle(s)/ Combination of Vechicle up to 10,001- 26,000 lbs. GVWR $260.00/Tow $274.00/Tow
3 Vehicle(s)/ Combination of Vechicle up to 26,001 lbs. GVWR $400.00/Tow $424.00/Tow
4 Other Items (i.e. Dumpsters, Boats, Trailers, etc.)$165.00/Tow $224.00/Tow
OTHER CHARGES:
5 Rotator Recovery $700.00/ Hour -$
6 Extra Man/Labor $40.00/ 15 minute increments -$
7 City of The Colony Vehicles NO CHARGE NO CHARGE
8 Additional labor rate charge for unusual circumstance such as winching &
rollovers -$ $125.00/Hour
First Additional Year Escalation Percentage 4%4%
Second Additional Year Escalation Percentage 4%4%
RFP 75-24-04 Towing Storage & Services
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Emphasis Factor J. Goodson D. Coulon M. Winnett AWARD
40 POINTS Pricing LW Towing LW Towing LW Towing LW Towing
20 POINTS Services Offered LW Towing TIED LW Towing LW Towing
15 POINTS Adequacy of Storage Facility PRO TOW PRO TOW PRO TOW PRO TOW
15 POINTS Adequacy of Equipment List LW Towing TIED LW Towing LW Towing
10 POINTS References and Past Experience with City of The Colony LW Towing LW Towing LW Towing LW Towing
PROPOSAL Evaluation Factors:
**NOTE: The City of The Colony reservce the right to conduct site visits of all
storage facilities before finalizing award of this contract.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 1
STATE OF TEXAS §CITY OF THE COLONY,TEXAS
§AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the City of
The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and
LW TOWING (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by
and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent contractor
and not as an employee in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, Professional desires to render professional services for City for RFP 75-24-04
Towing Storage & Services (“Project”) in accordance with the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement to
the prevailing professional standards consistent with the level of care and skill ordinarily exercised
by members of Professional’s profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited to the exercise of reasonable, informed
judgments and prompt, timely action. If Professional is representing this it has special expertise in
one or more areas to be utilized in the performance of this Agreement, then Professional agrees to
perform those special expertise services to the appropriate local, regional and national professional
standards.
Article II
Term
2.1 Any contract resulting from this RFP 75-24-04 effective for twelve (12) months from
date of award. The City anticipates contract to be renewed pursuant to the availability of funds and
at the discretion of the City and good vendor performance. The following clauses shall be included
in the contract:
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 2
A. Option Clause: City will have the option to extend the contract for up to one (1) additional
year commencing ___________________________. The City shall have the right and option to
extend the contract on the same terms and conditions for up to four (4) optional one (1) year renewal
terms. Contracts extended upon mutual agreement of both Vendor and the City. In the event a contract
is not extended at the renewal term, the contract may be renewed month-to-month until the extension
is completed. The parties further agree the City may cancel and terminate the contract upon a thirty
(30) day written notice to the vendor. To exercise this option, the City shall serve notice 30 days prior
to contract termination or to the end of any one-year extension. The Option to Extend will not be
considered if funding is unavailable or if the contractor’s past performance is not within the industry
standard.
The City reserves the right to award this Proposal to a single vendor or to a primary and
secondary contractor for award. A secondary contractor may be secured as an alternative to be
utilized in emergency situations in the event that the primary contractor is unable to respond as
needed.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to compensation
for services satisfactorily completed in accordance with this Agreement prior to the date of such
termination. Upon receipt of such notice from City, Professional shall immediately terminate
working on, placing orders or entering into contracts for supplies, assistance, facilities or materials
in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar
as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by Professional
represent the best judgment of Professional.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 3
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”).
4.2 No allowance of any extension of time, for any cause whatsoever, shall be claimed or
made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5) business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional as more specifically set forth in Exhibit “A” by payment
of a fee set forth in Exhibit A.
5.2 All invoices must reference the City of The Colony’s Purchase Order number, job site
location, city employee requesting service, and a complete breakdown of charges. The breakdown
on the invoice should be in accordance with the proposal pricing. If applicable, invoices should
provide clear detail and breakdown for labor (to include hourly rate and cost per hour), and mark-up
on parts/materials should be provided on the invoice and extended (detail to show vendors cost, and
then extended to show markup).
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Nothing contained in this Agreement shall require City to pay for any services that is
unsatisfactory as determined by City or which is not performed in compliance with the terms of this
Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute
a waiver of any right, at law or in equity, which City may have if Professional is in default, including
the right to bring legal action for damages or for specific performance of this Agreement. Waiver of
any default under this Agreement shall not be deemed a waiver of any subsequent default.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 4
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City shall
pay Professional compensation for such services at mutually agreed upon charges or rates, and within
the time schedule prescribed by City, and without decreasing the effectiveness of the performance of
services required under this Agreement. In any event, when Professional is directed to revise or
expand the scope of services under this Agreement, Professional shall provide City a written proposal
for the entire costs involved in performing such additional services. Prior to Professional undertaking
any revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation and
the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional any compensation not
specified in this Agreement may require approval by the City Council of the City of The Colony and
may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under this
Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons,
or corporations that Professional may deem proper to aid or assist in the performance of the services
under this Agreement. The cost of such personnel and assistance shall be borne exclusively by
Professional.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the conditions
and requirements of this Agreement, Professional is acting as an independent contractor, and City
assumes no responsibility or liability to any third party in connection with the services provided by
Professional under this Agreement. All services to be performed by Professional pursuant to this
Agreement shall be in the capacity of an independent contractor, and not as an agent, servant,
representative, or employee of City. Professional shall supervise the performance of its services and
shall be entitled to control the manner, means and methods by which Professional’s services are to
be performed, subject to the terms of this Agreement. As such, City shall not train Professional,
require Professional to complete regular oral or written reports, require Professional to devote his
full-time services to City, or dictate Professional’s sequence of work or location at which Professional
performs Professional’s work, except as may be set forth in Exhibit A.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 5
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and
maintain during the term of this Agreement the following insurance written by companies approved
by the state of Texas and acceptable to City. Professional shall furnish to the City Manager
certificates of insurance executed by the insurer or its authorized agent stating coverages, limits,
expiration dates and compliance with all applicable required provisions. Certificates shall reference
the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: CHERISE DE LOS SANTOS,
PURCHASING MANAGER
6800 Main Street
The Colony, Texas 75056
A.Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits of
$1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$1,000,000 general aggregate. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
B.Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000.
C.Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D.Professional Liability Insurance to provide coverage against any claim which
the Professional and all professionals engaged or employed by the Professional become
legally obligated to pay as damages arising out of the performance of professional services
caused by error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be
continuous (by renewal or extended reporting period) for not less than thirty-
six (36) months following completion of this Agreement and acceptance by
City.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 6
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A.A waiver of subrogation in favor of City, its officials, employees, and officers
shall be contained in the Workers’ Compensation insurance policy.
B.The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C.All insurance policies shall be endorsed to the effect that City will receive at
least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of Professional involving transactions relating to this
Agreement. Professional agrees that City shall have access during normal working hours to all
necessary Professional facilities and provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Professional
reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 7
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part without
the prior written consent of City. In the event of an assignment by Professional to which the City has
consented, the assignee shall agree in writing with the City to personally assume, perform, and be
bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to
the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,
and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination, including, but not
limited to Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 8
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below,
or to such other Party or address as either Party may designate in writing, and shall be deemed
received three (3) days after delivery set forth herein:
If intended for City:With Copy to:
Troy C. Powell ATTN: CHERISE DE LOS SANTOS
City Manager City of The Colony
City of The Colony 6800 Main Street
6800 Main Street The Colony, Texas 75056
The Colony, Texas 75056
If intended for Professional:
LW Towing____________
15020 King Road________
Frisco, TX 75056________
______________________
______________________
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist of
any number of copies hereof each signed by less than all, but together signed by all of, the Parties
hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof
for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the proposal or other documents prepared by
Professional.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES
AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT
CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS
AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF
PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 9
ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH
ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE,
BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY.
PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED
TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO
BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS
AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL
SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN
COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT
10.15 Conflicts of Interests. Professional represents no official or employee of City has any
direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under
this section shall be grounds for termination of this Agreement and shall be grounds for recovery of
any loss, cost, expense or damage incurred by City as a result of such misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of professional’s obligations under this agreement. Then the City
shall have the right, if professional shall not cure any such default after thirty (30) days written notice
thereof, to terminate this agreement. Any such act by City shall not be deemed a waiver of any other
right or remedy of City. If after exercising any such remedy due to professional’s non-performance
under this agreement, the cost to City to complete the services to be performed under this agreement
is in excess of that part of the contract sum which as not theretofore been paid to professional
hereunder, professional shall be liable for and shall reimburse City for such excess costs.
10.17 Confidential Information.Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
professional’s obligations in accordance with this Agreement, which is of a confidential, non-public
or proprietary nature. Professional shall treat any such information received in full confidence and
will not disclose or appropriate such Confidential Information for professional’s own use or the use
of any third party at any time during or subsequent to this agreement. As used herein, “Confidential
Information” means all oral and written information concerning the City, its affiliates and
subsidiaries, and all oral and written information concerning City or its activities, that is of a non-
public, proprietary or confidential nature including, without limitation, information pertaining to
customer lists, services, methods, processes and operating procedures, together with all analyses,
compilations, studies or other documents, whether prepared by professional or others, which contain
or otherwise reflect such information. The term “Confidential Information” shall not include such
information that is or becomes generally available to the public other than as a result of disclosure to
professional, or is required to be disclosed by a governmental authority under applicable law.
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CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 10
10.18 Remedies.No right or remedy granted or reserved to the parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this
agreement may be waived without written consent of the parties. Forbearance or indulgence by either
party shall not constitute a waiver of any covenant or condition to be performed pursuant to this
agreement.
10.19 No Third Party Beneficiary. For purposes of this agreement, including the intended
operation and effect of this agreement, the parties specifically agree and contract that: (1) this
agreement only affects matters between the parties to this agreement, and is in no way intended by
the arties to benefit or otherwise affect any third person or entity notwithstanding the fact that such
third person or entity may be in contractual relationship with City or professional or both; and (2) the
terms of this agreement are not intended to release, either by contract or operation of law, any third
person or entity from obligations owing by them to either City or professional.
EXECUTED this _______ day of _____________________, 2023.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
EXECUTED this _______ day of _____________________, 2024.
Professional
By:
Name: ____________________________________
Title: ____________________________________
Attest:
Secretary
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Exhibit A
Scope of Services
LW TOWIN SUBMITTED PROPOSAL for
RFP 75-24-04
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AWARDING A BID AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH LW’S TOWING FOR
THE PURPOSE OF PROVIDING TOWING AND WRECKER SERVICES
FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the “City”), hereby approves
awarding a bid to obtain the services of LW’s Towing for towing and wrecker services
within its corporate limits; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council hereby approves the agreement with a wrecker service to
remove, at the request of the City, vehicles which violate City ordinances and state law; and
Section 2. That the Agreement is for a term of one (1) year from the date of execution with
the option of four (4) additional one year periods, subject to provisions contained therein; and
Section 3. That the City Manager is hereby authorized to execute said Agreement.
Section 4.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 MARCH 2024.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: David Coulon
Submitting Department: Police
Item Type: Miscellaneous
Agenda Section:
Subject:
Consider accepting the notice of an expenditure of seized and forfeited funds awarded to the Police
Department. (Coulon)
Suggested Action:
The Code of Criminal Procedure requires the governing body to receive notice of an expenditure of seized and
forfeited funds awarded to the Police Department. The department intends to spend $10,000 on a professional
media production package, including a long-term recruiting video, various social media reels, 30 stock photos, a
mural, and five media graphics. Up to $35,000 will be spent on a fleet key management system to address
tracking and assignment of fleet vehicle keys for Patrol. This account will comprehensively cover the
expenditure and not impact the General Fund. We recommend accepting the notice.
Attachments:
TCPD Media Proposal_.pdf
TCPD Video Production Agreement_.pdf
KTA-The Colony Police Dept.-TX 1 KTA8 128 C4 Feb 2024.pdf
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Flatiron Creative Group
Signature requested on January 31, 2024
Video Production Agreement
Business: Flatiron Creative Group Recipient: The Colony Police Department
Trent@flatiron-creative.com
(254) 855-0653
dbishop@thecolonytx.gov
This contract is between Flatiron Creative Group (the "Business") and The Colony Police
Department (the "Client") dated 01/31/2024.
This is the agreement for your video project. It lays out the scope of work and how we'll operate
throughout the entire production process. Please ensure you read over this agreement! We want
everyone on the same page. Let's do this!
Terms
PRODUCTION OVERVIEW
Flatiron Creative Group will produce video marketing material as outlined below for The Colony
Police Department, herein referred to as "Client."
This agreement, prepared by Flatiron Creative Group to the Client for video-related services,
becomes a binding agreement upon mutual signing, as outlined in the agreement and will
terminate upon final delivery of all media.
Termination of this agreement may also occur based on the conditions specified in the
termination section provided below.
SCOPE OF WORK AND DELIVERABLES
The scope of work for this project shall be as follows:
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PRE-PRODUCTION:
Project kick-off meeting
Shotlist and storyboarding creation
Scheduling and interview planning
Gear and crew acquisition
PRODUCTION:
Filming Day 1
Filming Day 2
Filming Day 3
4K camera crew and photographer
POST PRODUCTION:
Media storage
File organizing
Slicing clips and building cohesive narratives
Color grading and audio mixing
3 rounds of revisions
FINAL DELIVERABLES:
(1) Flagship recruiting video
(1) Shortened highlight video
(2) Short form story videos
(10) Social media reels edited from original videos
(25 -30) Professional photos
(5) Graphics designed for posting on social media
(1) Mural graphic designed for patrol hallway
COST OF PRODUCTION
Flatiron Creative Group shall produce above deliverables for the client, for a total fee mutually
agreed upon in the amount of $10,000 payable in two installments.
Payment Schedule. The Production Fee for the agreed upon content is payable in two
installments.
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The first payment of $5,000 is due upon the execution of this agreement and prior to beginning
pre-production.
The second payment of $5,000 (plus any agreed upon additional costs) is due upon delivery of
final media.
PRODUCTION MODIFICATIONS
The parties agree that the Client will have full approval rights on all production elements, and
approval will not be unreasonably withheld.
Client's approval includes script revisions, shooting locations, production design, and all other
production aspects. Any client-initiated changes that alter the scope of work after initial approval
may incur additional costs.
REVISIONS GUIDELINES
The Client will promptly review and approve the initial video and any revisions within 72 hours of
receiving the edited content.
The Client acknowledges that their failure to provide feedback, notes, or any other necessary
information to the Producer, as outlined above, may impact the agreed-upon delivery date.
The delivery schedule is outlined below:
Rough Cut (Revisions, if required, must be submitted to Flatiron Creative Group within 72 hours
of delivery).
Fine Cut (Revisions, if required, must be submitted to Flatiron Creative Group within 72 hours of
delivery).
Final Cut (Revisions, if required, must be submitted to Flatiron Creative Group within 72 hours of
delivery).
Additional revisions are subject to charges at $200 per hour. If the client requests more than
three revisions, payment is required before receiving the final edited master video.
TERMINATION
Either party has the right to terminate the agreement by giving written notice if:
1. The Client fails to adhere to the payment schedule.
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2. Flatiron Creative Group fails to adhere to project scope outlined above.
OWNERSHIP AND USE OF MATERIALS
The Client exclusively owns the video rights, excluding stock footage and music rights. They also
possess all trademarks and trade names related to the marketed product. All work produced by
Flatiron Creative Group is considered "work made for hire" under the Copyright Act, and Flatiron
Creative Group unconditionally transfers all rights, title, and interest in this work to the Client.
Flatiron Creative Group commits to maintaining the strict confidentiality of any provided
confidential information, preventing its disclosure to third parties, including proprietary technical
or business data.
Client further agrees to hold harmless Flatiron Creative Group from any damage, loss or liability,
including attorney's fees, resulting from, but not limited to, unauthorized use of music and/or
artwork supplied or requested by Client and used in production.
The Client grants Flatiron Creative Group the right to use the produced video(s) for promotional
purposes and inclusion in Flatiron Creative Group's demo reel unless otherwise expressed.
FILMING AND RE-SHOOTING TERMS
Flatiron Creative Group strongly recommends that Client be present during all shoot days.
If the Client is present during production and approves the work, the product is considered to
meet industry standards in terms of quality, format, accuracy, and aesthetics. In such cases,
Flatiron Creative Group is not obligated to reshoot unless the Client agrees to pay for any
additional charges associated with reshooting.
If the Client is not present during production, reshooting is only possible based on Flatiron
Creative Group's availability, and the Client's agreement to cover any additional charges for
reshooting as mutually agreed.
RELEASES AND APPROVALS
Flatiron Creative Group is responsible for obtaining necessary releases, licenses, and approvals
for music, recordings, voices, likenesses, individuals, and copyrighted materials in the video,
except for those related to individuals or materials with whom the Client has pre-existing
relationships and who are included in the production at the Client's request.
RIGHTS TO RAW FOOTAGE
Flatiron Creative Group shall retain the rights to the raw or unedited footage captured during the
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production, unless otherwise specified in a separate agreement. Any transfer of rights to raw
footage shall be documented in writing and mutually agreed upon by both parties
RELATIONSHIP OF PARTIES
It is understood by the parties that Flatiron Creative Group is an independent contractor with
respect to the Client, and not an employee of the Client.
Signatures
This contract may be signed electronically or in hard copy. If signed in hard copy, it must be
returned to the Business for valid record. Electronic signatures count as original for all purposes.
By typing their names as signatures below, both parties agree to the terms and provisions of this
agreement.
Business signature
Owner name Trent Austen Peters
Owner signature Trent Austen Peters
Business date signed 01/31/2024
Recipient signature
Recipient name
Recipient signature
Recipient date signed
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss, and consider an ordinance adopting the Standards of Care Policy for Day
Camp Programs. (Stansell)
Suggested Action:
Attachments:
2024 Standards of Care Memo.pdf
2024 Standards of Care Policy.pdf
Ord. 2024-xxxx Standards of Care.doc
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1
City of The Colony Parks & Recreation
Memo
To: Mayor and City Council
From: Andrea DuArte, Recreation Coordinator
CC: Troy Powell, City Manager
Lindsey Stansell, Recreation Manager
Date: 2/2/2024
Re: Standards of Care for Kidz Kamp
Having a standards of care ordinance allows the City to receive an exemption certificate from the
Texas Department of Family Protective Services, which states that we are not a licensed day care
facility and as a municipal recreation program are not subject to the same rules and regulations as a
licensed day care facility.
We put together our own Standards of Care policy in 2012 and update it annually. The policy is attached
as Exhibit A, along with an ordinance to adopt these Standards of Care. The Standards of Care lay out
our minimum operating standards when conducting our Day Camp programs. Currently, Day Camps
are conducted 4 times throughout the year (Summer, Spring Break, and during the Thanksgiving and
Christmas holidays).
Our Standards of Care policy was reviewed by staff in the Child Care Licensing division at the Texas
Department of Family and Protective Services in 2012. After their review they stated that our Standards
of Care contain everything that they require to receive the exemption certificate. DFPS staff has
confirmed for us that nothing within their policy has changed since 2012 and our policy still meets their
requirements. As part of the DFPS requirements, the policy must be adopted by City Council on an
annual basis in order to maintain our exemption certificate through the Texas Department of Family
and Protective Services.
If you have any questions, please let me know. Parks & Recreation staff recommends approval of this
policy and ordinance as written.
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City of The Colony
Standards of Care for Kidz Kamp Camp Program
PURPOSE
The following Standards of Care are intended to be minimum standards by which the
City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp
day camp program. This program operated by the City of The Colony is recreational in
nature and are not licensed by the State of Texas nor operated as day care program.
Adoption of these Standards of Care will allow the City to qualify as being exempt from
the requirements of the Texas Human Resources Code.
General Information/Administration
A. Organization
1. The governing body of the City of The Colony Kidz Kamp program is The
Colony City Council.
2. Implementation of the Standards of Care for Kidz Kamp is the responsibility of
the Community Services Director and Parks and Recreation Department
employees.
3. The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program
including Holiday Kamp, Spring Break Kamp, and Summer Kamp.
4. The Colony Recreation Center will have available for public review a current
copy of the Standards of Care.
5. Parents of participants will be provided access to a current copy of the
Standards of Care through the City’s web site.
6. Criminal background checks will be conducted on prospective Kidz Kamp
employees, when applicable. If results of that criminal check indicate that an
applicant has been convicted of any of the following offenses, he or she will
not be considered for employment:
a. A felony or misdemeanor classified as an offense against a person or
family;
b. A felony or misdemeanor classified as public indecency
c. A felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
d. Any offense involving moral turpitude;
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e. Any offense that is deemed to potentially put the City of The Colony or
Kidz Kamp participants at risk.
B. Definitions
1. City: City of The Colony.
2. City Council: City Council of the City of The Colony.
3. Department: Parks and Recreation Department.
4. Director: City of The Colony Director of Community Services.
5. Kidz Kamp: City of the Colony youth camp programs held during school
holidays.
6. Parent Handbook: Booklet of program policies, procedures, required forms
and organizational and programming materials relevant to the Kidz Kamp
program.
7. Recreation Coordinator: City of The Colony’s full time programmer who has
been assigned administrative responsibility for the City of The Colony’s Kidz
Kamp program.
8. Recreation Administrative Manager: Recreation Coordinator’s supervisor
who will handle administrative responsibility for the City of The Colony’s Kidz
Kamp program in the Recreation Coordinator’s absence
9. Employee or Counselor: Someone who has been hired to work for the City of
The Colony and has been assigned responsibility for managing,
administering, or implementing some portion of the City of The Colony’s Kidz
Kamp program.
10. Program Site: The Colony Recreation Center or LISD schools.
11. Participant: A youth whose parent(s) have completed all required registration
procedures and who has been determined to be eligible for the City of The
Colony’s Kidz Kamp.
12. Parent(s): A parent or guardian who has legal custody and authority to
enroll a child in the City of The Colony’s Kidz Kamp.
C. Inspection/Monitoring/Enforcement
1. The Recreation Coordinator will make visual inspections of the program
based on the following schedule:
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a. Summer Kidz Kamp will be inspected twice during the summer.
b. Holiday Kamp (Thanksgiving and Winter) will be inspected once.
c. Spring Break Kamp will be inspected once.
2. Complaints regarding enforcement of the Standards of Care will be directed
to the Recreation Coordinator. The Recreation Coordinator will be responsible
for taking the necessary steps to resolve the problems. Complaints regarding
enforcement of the Standards of Care and their resolution will be recorded by
the Coordinator. Serious complaints regarding enforcement of the Standards
of Care will be addressed by the Recreation Administrative Manager and the
complaint and resolution will be noted.
D. Enrollment
1. Before a child can be enrolled, a parent/guardian must sign registration forms
that contain the child’s:
a. Name, address, home telephone number
b. Parent/Guardian’s name, address and telephone numbers during program
hours
c. Emergency contacts including names and phone number during program
hours
d. Names and drivers license numbers of people to whom the child may be
released
e. A statement of the child’s special problems, needs or medical conditions
f. Emergency medical authorization
g. Permission for field trips
h. Liability Waiver
E. Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance
with the Texas Family Code. In the case where a City employee is involved in an
incident with a child that could be construed as child abuse, the incident must be
reported immediately to the Recreation Coordinator and Recreation
Administrative Manager. The Recreation Administrative Manager will
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immediately notify the Police Department and any other agency as may b e
appropriate.
Texas state law requires the staff of these youth programs to report any
suspected abuse or neglect of a child to the Texas Department of Protective and
Regulatory Services or a law enforcement agency. Failure to report suspected
abuse is punishable by fine up to $1,000 and/or confinement up to 180 days.
Confidential reports may be made by calling 1-800-252-5400.
F. Staffing – Responsibilities and Training
1. Recreation Coordinator and Recreation Administrative Manager
a. Recreation Coordinator and Recreation Administrative Manager are full-
time, professional employees of the City of The Colony Parks and
Recreation Department and will be required to have all the same
qualifications as outlined in Section F2
b. Recreation Coordinator and Recreation Administrative Manager must
meet the minimum education/experience requirements for employment
with the City of The Colony to plan and implement recreation activities.
c. Recreation Coordinator and Recreation Administrative Manager must be
able to pass a background investigation including a test for illegal
substances.
d. Recreation Coordinator and Recreation Administrative Manager must
have a current certification in First Aid, Cardio Pulmonary Resuscitation
(CPR) and AED. All certifications must be current during the camp
operation.
e. Recreation Coordinator is responsible for administering the programs’
daily operations in compliance with the adopted Standards of Care.
f. Recreation Coordinator is responsible for hiring, supervising, and
evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and
Kidz Kamp Counselors.
g. Recreation Coordinator is responsible for planning, implementing, and
evaluating programs.
2. Kidz Kamp Staff
a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant
Director, and Kidz Kamp Counselors.
83
b. Program employees may be full-time, part-time, or temporary employees
of the Parks and Recreation Department.
c. Program employees shall be age 16 or older. However, each site will have
at least one employee age 18 or older on site at all times.
d. Program employees should consistently exhibit competency, good
judgment and self control when working with participants.
e. Program employees must relate to participants with courtesy, respect,
tolerance and patience.
f. Program employees must have a current certification in First Aid, Cardio
Pulmonary Resuscitation (CPR) and AED. All certifications must be
current during the camp operation.
g. Program employees must pass a background investigation when
applicable, including testing for illegal substances.
h. Program employees will be responsible for providing participants with an
environment in which they can feel safe, enjoy wholesome recreation
activities, and participate in appropriate social opportunities with their
peers.
i. Program employees will be responsible to know and adhere to all City,
Departmental, and youth program standards as well as policies and
procedures that apply to the youth programs.
j. Program employees must ensure that participants are only released to a
parent or authorized person, designated by the parent or guardian. If a
parent wishes their child to sign himself in or out the parent must provide
specific, written authorization.
3. Training and Orientation
a. The department is responsible for providing training and orientation to
program employees in working with children and for specific job
responsibilities.
b. Program employees will be provided with a staff manual.
c. Program employees must be familiar with the Standards of Care for Kidz
Kamp program as adopted by the City Council.
84
d. Program employees must be familiar with the program policies including
discipline, guidance, and release of participants as outlined in the staff
manual.
e. Program employees will be trained in appropriate procedures to handle
emergencies.
f. Program employees will be trained in areas including city departmental
program policies, procedures, leading activities, safety issues and
organization.
g. Program employees will be required to sign an acknowledgement that
they have received the required training.
G. Operations
1. Staff to Participant Ratio
a. The standard ratio of participants to staff is 1:15 based on average daily
attendance. In the event a program employee is unable to report to the
program site, the coordinator will assign a replacement.
b. Program employees are responsible for being aware of the participants’
habits, interests, and special needs as identified by the participants’
parent/guardian during the registration process.
2. Discipline
a. Program employees will implement discipline and guidance in a consistent
manner based on the best interest of program participants.
b. There will be no cruel treatment or harsh punishment.
c. Program employees may use brief, supervised separation from the group
if necessary.
d. As necessary, program employees will initiate behavior reports to the
parents of participants. Parents will be asked to the sign the behavior
reports to indicate they have been advised about specific problems or
incidents.
e. A sufficient number and/or severe nature of a discipline report(s) as
indicated in the program manual may result in a participant being
suspended from the program.
85
f. In instances where there is a danger to other participants or staff,
offending participants will be removed from the program site as soon as
possible.
3. Programming
a. Program employees will attempt to provide activities for each group
according to participants’ age, interests and abilities. The activities will be
appropriate to participants’ health, safety and well being. The activities
must be flexible and promote the participants emotional, social and mental
growth.
b. Program employees will attempt to provide indoor and outdoor time
periods to include:
- Alternating active and passive activities;
- Opportunity for individual, small and large group activities,
and
- Outdoor time each day as weather permits
c. Program employees will be attentive and considerate of the participants’
safety on field trips and during any transportation provided by the
program.
- During trips, program employees must have access to
emergency medical forms and emergency contact
information for each participant
- Program employees must have a written list of participants in
the group and must check the roll frequently, specifically
before departure to and from location
- Program employees must have first aid supplies and
emergency care available on field trips.
4. Communications
a. Each program site will have access to a telephone for use in contacting
Department staff or making emergency calls.
b. The Recreation Coordinator will make available the following telephone
numbers to all employees at each site:
- Emergency services
- The Colony Police Department dispatch
- Parks and Recreation Department
- Poison Control
- Numbers at which parents/guardians may be reached
86
- Recreation Coordinator
- Telephone and address for the program site itself
- Field trip destinations
5. Transportation
a. Before a participant can be transported to and from city-sponsored
activities, the field trip release statement must be marked by the
parent/guardian on the registration form.
b. First aid supplies will be available in all program vehicles that transport
children.
c. All program vehicles used for transporting participants must have available
a portable fire extinguisher and must be accessible to the adult occupants.
d. Seatbelts must be worn when provided.
H. Facility Standards
1. Safety
a. Program employees will inspect the program site daily to detect sanitation
and safety concerns that might affect the health and safety of the
participants. A weekly inspection report will be completed by the program
employees and kept on file by the Supervisor.
b. Buildings, grounds, and equipment on the program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
c. Program equipment and supplies should be safe for the participants’ use.
d. Program must have first aid supplies readily available at each site, during
transportation to an off-site activity, and for the duration of the off -site
activity.
e. Air conditioners, electric fans, and heaters must be mounted out of
participants reach or have safeguards that keep participants from being
injured.
2. Fire
a. In case of fire, danger or fire, explosion or other emergency, program
employees’ first priority is to evacuate the participants to a designated
safe area.
87
b. Each program site must have at least one fire extinguisher approved by
the fire marshal readily available to all program employees.
c. All program employees will be trained in proper use of fire extinguishers
as well as locations of fire extinguishers through the program site.
3. Illness or Injury
a. A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the program.
b. Illnesses or injuries will be handled in a manner to protect the health of all
participants and employees.
c. Program employees will follow plans to provide emergency care for injured
participants with symptoms of an acute illness as specified in the program
manual.
d. Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
4. Medication
a. Parent/guardian must complete and sign a medication release that
provides authorization for program staff to dispense medication with
details as to times and dosages. The release will include a hold harmless
clause to protect the City.
b. Prescription medications must be in the original containers labeled with
the participants’ name, a date, directions and the physician’s name. The
prescribing physician must provide written guidelines. Program
employees will administer medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
c. Non-prescription medications are labeled with the participant’s name and
the date the medication was brought to the youth program. Non-
prescription medication must be in the original container. The program
employees will administer medication only according to the label directions
and with written parental permission.
d. Medications dispensed will be limited to those not requiring special
knowledge or skills on the part of the program employees.
88
e. Program employees will ensure medications are inaccessible to
participants. If necessary, medication will be kept in the refrigerator.
5. Special Needs
a. Every reasonable accommodation will be made to address special needs
participants.
b. For health and safety reasons, special needs participants must provide a
personal attendant for assistance in feeding, changing of clothes, and
using the restroom if needed.
6. Toilet Facilities
a. The program site will have toilets located inside and equipped so
participants can use them independently and program employees can
monitor as needed.
b. There must be one flush toilet for every 30 participants. Urinals may be
counted in the ratio of toilets to participants, but must not exceed 50% of
the total number of toilets.
c. An appropriate and adequate number of lavatories will be provided.
7. Sanitation
a. Program sites must have adequate light, ventilation, air conditioning and
heat.
b. The program must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and
ensure that it will be supplied in a safe and sanitary matter.
c. Employees must see that garbage is removed from buildings daily.
89
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2024 - ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ADOPTING DAY CAMP STANDARDS OF CARE, A
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 42.041 of the Texas Human Resources Code provides generally that
no person may operate a child-care facility or child-placing agency without a license issued by the
Texas Departmentof Family and Protective Services.Moreover, Section 42.041(b)(14) of the Texas
Human Resources Code provides this statutory requirement does not apply in pertinent part to an
elementary-age (ages 5-13) recreation program operated by a municipality provided the governing
body of the municipality annually adopts standards of care by ordinance after a public hearing for
such programs, that such standards are provided to the parents of each program participant, and that
the ordinances shall include, ata minimum, staffing ratios, minimum staff qualifications, minimum
facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local
standards; and further provided that parents be informed that the program is not licensed by the state
and the program may not be advertised as a child-care facility; and
WHEREAS,the City Council of the City of The Colony, Texas, has determined that the
following regulation is necessary in order to protect public health, safety, and welfareof the citizens
of the City of The Colony, Texas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2. That the City Council hereby adopts day camp Standards of Care to be
conducted by the Parks and Recreation Department, a copy of which is attached hereto as Exhibit
“A.”
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance; and the City Council hereby declares it would have passed such remaining portions of
this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
90
SECTION 4. This Ordinance shall become effective from and after its date of passage in
accordance with law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, ON THIS THE 6TH DAY OF MARCH, 2024.
___________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
91
Exhibit “A”
92
City of The Colony
Standards of Care for Kidz Kamp Camp Program
PURPOSE
The following Standards of Care are intended to be minimum standards by which the
City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp
day camp program. This program operated by the City of The Colony is recreational in
nature and are not licensed by the State of Texas nor operated as day care program.
Adoption of these Standards of Care will allow the City to qualify as being exempt from
the requirements of the Texas Human Resources Code.
General Information/Administration
A. Organization
1.The governing body of the City of The Colony Kidz Kamp program is The
Colony City Council.
2.Implementation of the Standards of Care for Kidz Kamp is the
responsibility of the Community Services Director and Parks and Recreation
Department employees.
3.The Standards of Care for Kidz Kamp will apply to any Kidz Kamp
program including Holiday Kamp, Spring Break Kamp, and Summer Kamp.
4.The Colony Recreation Center will have available for public review a
current copy of the Standards of Care.
5.Parents of participants will be provided access to a current copy of the
Standards of Care through the City’s web site.
6.Criminal background checks will be conducted on prospective Kidz Kamp
employees, when applicable. If results of that criminal check indicate that an
applicant has been convicted of any of the following offenses, he or she will
not be considered for employment:
a.A felony or misdemeanor classified as an offense against a person
or family;
b.A felony or misdemeanor classified as public indecency
c.A felony or misdemeanor violation of any law intended to control
the possession or distribution of any controlled substance;
93
d.Any offense involving moral turpitude;
e.Any offense that is deemed to potentially put the City of The Colony
or Kidz Kamp participants at risk.
B. Definitions
1.City: City of The Colony.
2.City Council: City Council of the City of The Colony.
3.Department: Parks and Recreation Department.
4.Director: City of The Colony Director of Community Services.
5.Kidz Kamp: City of the Colony youth camp programs held during school
holidays.
6.Parent Handbook: Booklet of program policies, procedures, required
forms and organizational and programming materials relevant to the Kidz
Kamp program.
7.Recreation Coordinator: City of The Colony’s full time programmer who
has been assigned administrative responsibility for the City of The Colony’s
Kidz Kamp program.
8.Recreation Administrative Manager: Recreation Coordiantor’s supervisor
who will handle administrative responsibility for the City of The Colony’s Kidz
Kamp program in the Recreation Coordinator’s absence
9.Employee or Counselor: Someone who has been hired to work for the
City of The Colony and has been assigned responsibility for managing,
administering, or implementing some portion of the City of The Colony’s Kidz
Kamp program.
10.Program Site: The Colony Recreation Center or LISD schools.
11.Participant: A youth whose parent(s) have completed all required
registration procedures and who has been determined to be eligible for the
City of The Colony’s Kidz Kamp.
12.Parent(s): A parent or guardian who has legal custody and authority to
enroll a child in the City of The Colony’s Kidz Kamp.
94
C. Inspection/Monitoring/Enforcement
1.The Recreation Coordinator will make visual inspections of the program
based on the following schedule:
a.Summer Kidz Kamp will be inspected twice during the summer.
b.Holiday Kamp (Thanksgiving and Winter) will be inspected once.
c.Spring Break Kamp will be inspected once.
2.Complaints regarding enforcement of the Standards of Care will be
directed to the Recreation Coordinator. The Recreation Coordinator will be
responsible for taking the necessary steps to resolve the problems.
Complaints regarding enforcement of the Standards of Care and their
resolution will be recorded by the Coordinator. Serious complaints regarding
enforcement of the Standards of Care will be addressed by the Recreation
Administrative Manager and the complaint and resolution will be noted.
D. Enrollment
1.Before a child can be enrolled, a parent/guardian must sign registration
forms that contain the child’s:
a. Name, address, home telephone number
b. Parent/Guardian’s name, address and telephone numbers during program
hours
c. Emergency contacts including names and phone number during program
hours
d. Names and drivers license numbers of people to whom the child may be
released
e. A statement of the child’s special problems, needs or medical conditions
f. Emergency medical authorization
g. Permission for field trips
h. Liability Waiver
E. Suspected Abuse
95
Program employees will report suspected child abuse or neglect in accordance
with the Texas Family Code. In the case where a City employee is involved in an
incident with a child that could be construed as child abuse, the incident must be
reported immediately to the Recreation Coordinator and Recreation
Administrative Manager. The Recreation Administrative Manager will
immediately notify the Police Department and any other agency as may be
appropriate.
Texas state law requires the staff of these youth programs to report any
suspected abuse or neglect of a child to the Texas Department of Protective and
Regulatory Services or a law enforcement agency. Failure to report suspected
abuse is punishable by fine up to $1,000 and/or confinement up to 180 days.
Confidential reports may be made by calling 1-800-252-5400.
F. Staffing – Responsibilities and Training
1. Recreation Coordinator and Recreation Administrative Manager
a. Recreation Coordinator and Recreation Administrative Manager are full-
time, professional employees of the City of The Colony Parks and
Recreation Department and will be required to have all the same
qualifications as outlined in Section F2
b. Recreation Coordinator and Recreation Administrative Manager must
meet the minimum education/experience requirements for employment
with the City of The Colony to plan and implement recreation activities.
c. Recreation Coordinator and Recreation Administrative Manager must be
able to pass a background investigation including a test for illegal
substances.
d. Recreation Coordinator and Recreation Administrative Manager must
have a current certification in First Aid, Cardio Pulmonary Resuscitation
(CPR) and AED. All certifications must be current during the camp
operation.
e. Recreation Coordinator is responsible for administering the programs’
daily operations in compliance with the adopted Standards of Care.
f. Recreation Coordinator is responsible for hiring, supervising, and
evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and
Kidz Kamp Counselors.
g. Recreation Coordinator is responsible for planning, implementing, and
evaluating programs.
96
2. Kidz Kamp Staff
a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant
Director, and Kidz Kamp Counselors.
b. Program employees may be full-time, part-time, or temporary employees
of the Parks and Recreation Department.
c. Program employees shall be age 16 or older. However, each site will have
at least one employee age 18 or older on site at all times.
d. Program employees should consistently exhibit competency, good
judgment and self control when working with participants.
e. Program employees must relate to participants with courtesy, respect,
tolerance and patience.
f. Program employees must have a current certification in First Aid, Cardio
Pulmonary Resuscitation (CPR) and AED. All certifications must be
current during the camp operation.
g. Program employees must pass a background investigation when
applicable, including testing for illegal substances.
h. Program employees will be responsible for providing participants with an
environment in which they can feel safe, enjoy wholesome recreation
activities, and participate in appropriate social opportunities with their
peers.
i.Program employees will be responsible to know and adhere to all City,
Departmental, and youth program standards as well as policies and
procedures that apply to the youth programs.
j.Program employees must ensure that participants are only released to a
parent or authorized person, designated by the parent or guardian. If a
parent wishes their child to sign himself in or out the parent must provide
specific, written authorization.
3. Training and Orientation
a. The department is responsible for providing training and orientation to
program employees in working with children and for specific job
responsibilities.
97
b. Program employees will be provided with a staff manual.
c. Program employees must be familiar with the Standards of Care for Kidz
Kamp program as adopted by the City Council.
d. Program employees must be familiar with the program policies including
discipline, guidance, and release of participants as outlined in the staff
manual.
e. Program employees will be trained in appropriate procedures to handle
emergencies.
f. Program employees will be trained in areas including city departmental
program policies, procedures, leading activities, safety issues and
organization.
g. Program employees will be required to sign an acknowledgement that
they have received the required training.
G. Operations
1. Staff to Participant Ratio
a. The standard ratio of participants to staff is 1:15 based on average daily
attendance. In the event a program employee is unable to report to the
program site, the coordinator will assign a replacement.
b. Program employees are responsible for being aware of the participants’
habits, interests, and special needs as identified by the participants’
parent/guardian during the registration process.
2. Discipline
a. Program employees will implement discipline and guidance in a consistent
manner based on the best interest of program participants.
b. There will be no cruel treatment or harsh punishment.
c. Program employees may use brief, supervised separation from the group
if necessary.
d. As necessary, program employees will initiate behavior reports to the
parents of participants. Parents will be asked to the sign the behavior
98
reports to indicate they have been advised about specific problems or
incidents.
e. A sufficient number and/or severe nature of a discipline report(s) as
indicated in the program manual may result in a participant being
suspended from the program.
f. In instances where there is a danger to other participants or staff,
offending participants will be removed from the program site as soon as
possible.
3. Programming
a. Program employees will attempt to provide activities for each group
according to participants’ age, interests and abilities. The activities will be
appropriate to participants’ health, safety and well being. The activities
must be flexible and promote the participants emotional, social and
mental growth.
b. Program employees will attempt to provide indoor and outdoor time
periods to include:
-Alternating active and passive activities;
-Opportunity for individual, small and large group activities,
and
-Outdoor time each day as weather permits
c. Program employees will be attentive and considerate of the participants’
safety on field trips and during any transportation provided by the
program.
-During trips, program employees must have access to
emergency medical forms and emergency contact
information for each participant
-Program employees must have a written list of participants
in the group and must check the roll frequently, specifically
before departure to and from location
-Program employees must have first aid supplies and
emergency care available on field trips.
4. Communications
a. Each program site will have access to a telephone for use in contacting
Department staff or making emergency calls.
99
b. The Recreation Coordinator will make available the following telephone
numbers to all employees at each site:
-Emergency services
-The Colony Police Department dispatch
-Parks and Recreation Department
-Poison Control
-Numbers at which parents/guardians may be reached
-Recreation Coordinator
-Telephone and address for the program site itself
-Field trip destinations
5. Transportation
a. Before a participant can be transported to and from city-sponsored
activities, the field trip release statement must be marked by the
parent/guardian on the registration form.
b. First aid supplies will be available in all program vehicles that transport
children.
c. All program vehicles used for transporting participants must have
available a portable fire extinguisher and must be accessible to the adult
occupants.
d. Seatbelts must be worn when provided.
H. Facility Standards
1. Safety
a. Program employees will inspect the program site daily to detect sanitation
and safety concerns that might affect the health and safety of the
participants. A weekly inspection report will be completed by the program
employees and kept on file by the Supervisor.
b. Buildings, grounds, and equipment on the program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
c. Program equipment and supplies should be safe for the participants’ use.
100
d. Program must have first aid supplies readily available at each site, during
transportation to an off-site activity, and for the duration of the off-site
activity.
e. Air conditioners, electric fans, and heaters must be mounted out of
participants reach or have safeguards that keep participants from being
injured.
2. Fire
a. In case of fire, danger or fire, explosion or other emergency, program
employees’ first priority is to evacuate the participants to a designated
safe area.
b. Each program site must have at least one fire extinguisher approved by
the fire marshal readily available to all program employees.
c. All program employees will be trained in proper use of fire extinguishers
as well as locations of fire extinguishers through the program site.
3. Illness or Injury
a. A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the program.
b. Illnesses or injuries will be handled in a manner to protect the health of all
participants and employees.
c. Program employees will follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in the
program manual.
d. Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
4. Medication
a. Parent/guardian must complete and sign a medication release that
provides authorization for program staff to dispense medication with
details as to times and dosages. The release will include a hold harmless
clause to protect the City.
b. Prescription medications must be in the original containers labeled with
the participants’ name, a date, directions and the physician’s name. The
101
prescribing physician must provide written guidelines. Program
employees will administer medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
c. Non-prescription medications are labeled with the participant’s name and
the date the medication was brought to the youth program. Non-
prescription medication must be in the original container. The program
employees will administer medication only according to the label
directions and with written parental permission.
d. Medications dispensed will be limited to those not requiring special
knowledge or skills on the part of the program employees.
e. Program employees will ensure medications are inaccessible to
participants. If necessary, medication will be kept in the refrigerator.
5. Special Needs
a. Every reasonable accommodation will be made to address special needs
participants.
b. For health and safety reasons, special needs participants must provide a
personal attendant for assistance in feeding, changing of clothes, and
using the restroom if needed.
6. Toilet Facilities
a. The program site will have toilets located inside and equipped so
participants can use them independently and program employees can
monitor as needed.
b. There must be one flush toilet for every 30 participants. Urinals may be
counted in the ratio of toilets to participants, but must not exceed 50% of
the total number of toilets.
c. An appropriate and adequate number of lavatories will be provided.
7. Sanitation
a. Program sites must have adequate light, ventilation, air conditioning and
heat.
102
b. The program must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and
ensure that it will be supplied in a safe and sanitary matter.
c. Employees must see that garbage is removed from buildings daily.
103
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Kimberly Thompson
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:
104
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 6, 2024
Submitted by: Kimberly Thompson
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:
105