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HomeMy WebLinkAboutCity Packets - City Council - 06/18/2024 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to receive an update from the City Attorney concerning squatters. (Council) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 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: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Special Session meeting minutes from June 3, 2024, Regular Session meeting minutes from June 4, 2024 and Special Session meeting minutes from June 10, 2024. (Stewart) Suggested Action: Attachments: June 3, 2024 Special Session DRAFT Minutes.doc June 4, 2024 Minutes DRAFT Minutes.docx June 10, 2024 Special Session Board Interviews DRAFT Minutes.doc 8 MINUTES OF CITY COUNCIL SPECIAL SESSION HELD ON JUNE 3, 2024 The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:31p.m. on the 3rd day of June 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer Mayor Present Judy Ensweiler Deputy Mayor Pro Tem Present Robyn Holtz Councilmember Present Brian Wade Councilmember Present Dan Rainey Councilmember Present Perry Schrag Mayor Pro Tem Present Joel Marks Councilmember Present In addition,with 7council members present,a quorum was established and thefollowing items were addressed: 1. Call to Order – Mayor Boyer called the meeting to order at 6:31 p.m. 2. Discuss the appointment, evaluation, reassignment, or duties of the following advisory boards: Library, Technologies, Keep The Colony Beautiful, Economic Development Corporation, Community Development Corporation, Planning & Zoning Commission and Board of Adjustment Councilman Wade arrived at 6:45 p.m. Executive Session was convened at 7:19 p.m. Executive Session: 3. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to conduct interviews and to deliberate the appointment, evaluation, reassignment, or duties of the following advisory boards: Library, Technologies, Keep The Colony Beautiful, Economic Development Corporation, Community Development Corporation, Planning & Zoning Commission and Board of Adjustment Regular Session was reconvened at 8:56 p.m. 4. Any action regarding the appointment, evaluation, reassignment, or duties of the following advisory boards: Library, Technologies, Keep The Colony Beautiful, Economic Development 9 Corporation, Community Development Corporation, Planning & Zoning Commission and Board of Adjustment No Action Adjourn With no further business to discuss, the meeting was adjourned at 8:56 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony ATTEST: ____ Kimberly Thompson, Deputy City Secretary 10 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 JUNE 4, 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 4 th day of June 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 Present Present Present Present Present Present And with 7 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 Jess Allen with One Creation 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 Items of Community Interest Mayor spoke concerning recent storms and the city's communication on cleanup. City Manager, Troy Powell, thanked Public Works, Police and Fire Departments for their efforts and response to emergency calls. He announced starting June 17th, residents can place limbs and debris at the curb for a special pickup. City Manager Powell thanked the Mayor and Council for funding to build fire stations 4 and 5. Both stations helped tremendously during the recent event. 1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Recreation Administrative Manager, Lindsey Stansell, provided upcoming events and activities to the Council. 11 City Council – Regular Meeting Agenda June 4, 2024 Page| 2 Councilman Marks arrived at 6:36 p.m. Mayor announced the Annual Academy Appointees Reception with Congressman Burgess to be held Thursday, June 8, 2024 at 8:00 a.m. 2.0 CITIZEN INPUT Chris Palazzi, 3017 Aberdeen Drive, spoke concerning the city tax rate. Ross Teggetz, 7525 Glenturret Circle, spoke concerning the city tax rate. 3.0 WORK SESSION 3.1 Receive an update from Denton Central Appraisal District. Don Spencer with the Denton Central Appraisal District (DCAD), presented this item. 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 Nos. 4.4 and 4.5 for separate consideration- Schrag; second by Rainey, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from May 7, 2024. 4.2 Consider approving Council expenditures for March 2024. 4.3 Consider approving a resolution authorizing the Mayor to amend the authorized representatives to Texpool. RESOLUTION NO. 2024-041 ***ITEM PULLED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION.*** 4.4 Consider approving an ordinance authorizing an exception to the Code of Ordinances Section, 6-192, (a) & (b) to allow fireworks at 10:45 p.m. on July 3, 2024 at Grandscape Lifestyle Center, 5752 Grandscape Boulevard. Jeremie Maurina, Executive Business Liaison, answered questions from Council concerning this item. Motion to approve– Rainey; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2024-2561 12 City Council – Regular Meeting Agenda June 4, 2024 Page| 3 ***ITEM PULLED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION.*** 4.5 Consider approving a resolution authorizing the City Manager to issue a purchase order to Furniture Solutions Now through a TIPS Purchasing Cooperative Contract in an amount not to exceed $100,796.60 for the purchase of furniture at the New Recreation Center for Phase 2, to be funded by the Community Development Corporation. Motion to approve–Rainey; second by Ensweiler, motion carriedwith all ayeswith the exception of Marks, abstaining. RESOLUTION NO. 2024-042 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing discuss and consider an ordinance for amendments to Planned Development 16 (PD-16) to reflect the conceptual layout and development standards for the “JPI Morningstar,” a 374-dwelling unit multi-family development located at the northwest intersection of Morningstar Drive and SH 121. Isaac Williams, Director of Planning, presented the proposed ordinance amendment to Council. JPI Representative provided an overview on this item. The public hearing opened at 7:56 p.m. Whitney Adams with Simply Unwine, 5701 State Highway 121, Ste. 110 appeared in support. Mike Gillum with Thirsty Growler, 5733 State Highway 121, Ste. 230, appeared in support. Dan Nixxon with Abuelos, 5711 State Highway 121, Suite appeared in support. There being no other speakers, the public hearing closed at 8:00 p.m. Council provided discussion on this item. Motion to approve– Wade; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2024-2562 5.2 Conduct a public hearing discuss and consider an ordinance for a Specific Use Permit to allow an Auto Painting or Body Rebuilding Shop with outdoor storage located at 5270 Memorial Drive. Isaac Williams, Director of Planning, presented the proposed ordinance to Council. 13 City Council – Regular Meeting Agenda June 4, 2024 Page| 4 The public hearing opened and closed at 8:10 p.m. Councilman Marks stepped out at 8:10 p.m. and returned at 8:13 p.m. Motion to approve– Schrag; second by Wade, motion carried with all ayes. ORDINANCE NO. 2024-2563 5.3 Conduct a public hearing, discuss and consider an ordinance for a Gateway Standards Waiver to allow the majority of parking for a multi-tenant commercial development within the front of the primary building located along the frontage of SH 121 and South Colony Boulevard. Isaac Williams, Director of Planning, presented the proposed ordinance to Council. The public hearing opened at 8:17 p.m. Chris Mars with Wright Group Architect, 1430 South Broadway, Carrollton, arrived in support of the item. There being no other speakers, the public hearing closed at 8:20 p.m. Motion to approve– Ensweiler; second by Wade, motion carried with all ayes. ORDINANCE NO. 2024-2564 5.4 Discuss and consider an ordinance for the Site Plan application for “Lot 2 Block A Colony Center Addition,” a single story multi-tenant retail building located along the frontage of SH 121 and South Colony Boulevard. Isaac Williams, Director of Planning, presented the proposed ordinance to Council. Motion to approve– Marks; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2024-2565 Executive Session was convened at 8:26 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation or settlement offer: Paul Dattam matter. 14 City Council – Regular Meeting Agenda June 4, 2024 Page| 5 B. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 9:27 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding pending or contemplated litigation or settlement offer: Paul Dattam matter. No action B. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9:27 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 15 MINUTES OF CITY COUNCIL SPECIAL SESSION HELD ON JUNE 10, 2024 The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:31p.m. on the 10th day of June2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer Mayor Present Judy Ensweiler Deputy Mayor Pro Tem Present Robyn Holtz Councilmember Present Brian Wade Councilmember Present Dan Rainey Councilmember Present Perry Schrag Mayor Pro Tem Present Joel Marks Councilmember Present In addition,with 7council members present,a quorum was established and thefollowing items were addressed: 1. Call to Order – Mayor Boyer called the meeting to order at 6:31 p.m. 2. City Council to conduct interviews for appointments to the following advisory boards: Board of Adjustment, Planning and Zoning Commission, Community Development Corporation, Economic Development Corporation, Keep The Colony Beautiful, Library and Technologies Executive Session was convened at 6:32 p.m. Executive Session: 3. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to conduct interviews and to deliberate the appointment, evaluation, reassignment, or duties of the following advisory boards: Board of Adjustment, Planning and Zoning Commission, Community Development Corporation and Economic Development Corporation Regular Session was reconvened at 8:02 p.m. Executive Session Action: 4. Any action as a result of executive session regarding the appointment, evaluation, reassignment, or duties of the following advisory boards: Board of Adjustment, Planning and Zoning Commission, Community Development Corporation, Economic Development Corporation, Keep The 16 Colony Beautiful, Library and Technologies Motion to reappoint Dean Byers to Place 1, Victor Williams to Place 2 and Connie Yahwak to Place 5on the Board of Adjustment Advisory Board-Wade; second by Ensweiler, motion carried with all ayes. Motion to reappoint Dan Mahle to Place 1, Randy Dull to Place 2, Wes Bledsoe to Place 7 and appoint Jim Owens to Place 3 on the Community Development Corporation Advisory Board- Wade; second by Rainey, motion carried with all ayes. Motion to reappoint Dave Hicinbothem to Place 2, Brian Buffington to Place 4and Kevin Braby to Place 5 on the Economic Development Corporation Advisory Board- Ensweiler; second by Schrag, motion carried with all ayes. Motion to reappoint Jeff Baran to Place 2 and Karen Hames to Place 7, remove AB Martin from Place 5 and appoint Kirk Varga to Place 5 and Robert Cox to Place 1 on the Planning and Zoning Commission Advisory Board- Schrag; second by Rainey, motion carried with all ayes. Motion to reappoint Lubna Rizvi to Place 5, Cody Carpenter to Place 6 and Jenna Nowlin to Place 7 on the Keep The Colony Beautiful Board- Wade; second by Rainey, motion carried with all ayes. Motion to reappoint Sandi Gehrke to Place 1, Cynthia Worthen to Place 2, Maggie Heermans to Place 3 and Sarah Fried to Place 7 on the Library Board- Ensweiler; second by Rainey, motion carried with all ayes. Motion to reappoint Steven Elliott to Place 5, Dennis Killmer to Place 6 and Shawn Adams to Place 7 on the Technologies Board- Schrag; second by Ensweiler, motion carried with all ayes. Adjourn With no further business to discuss, the meeting was adjourned at 8:07 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony 17 ATTEST: ____ Tina Stewart, TRMC, CMC, City Secretary 18 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County for engineering and construction services for the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard. (Hartline) Suggested Action: Background: Denton County and the city mutually desire to enter into an Interlocal Cooperation Agreement for the purpose of providing engineering, right-of-way acquisition, utility relocations, storm drainage, traffic signals, bridge modifications, sidewalk, landscape and irrigation modifications, inspections and construction of the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange (DDI) at Nebraska Furniture Mart Drive and South Colony Boulevard. Denton County and the City both have agreed that the total costs for the work to be performed for the North Ramp Connection is at an estimated cost of Five Million Four Hundred Thousand and No/100 Dollars ($5,400,000.00), whereby Denton County has agreed to make an initial contribution toward satisfactory completion of the project, based on available funding, in an amount which shall not exceed One Million Three Hundred Fifty Thousand and No/100 Dollars ($1,350,000.00). Denton County has agreed to make a future contribution toward satisfactory completion of the North Ramp Connection project, based on available funding, for increasing their contribution amount to a total of Two Million Seven Hundred Thousand and No/100 Dollars ($2,700,000.00). The City of The Colony will be responsible for matching half the costs for the project up to Two Million Seven Hundred Thousand and no/100 Dollars ($2,700,000.00). Staff has reviewed the Interlocal Cooperation Agreement with Denton County and recommends approval. Approving this Interlocal Cooperation Agreement will allow City Staff to proceed with the necessary engineering and construction services for the North Ramp Connection. Attachments: Interlocal Cooperation Agreement. North Ramp Connection Res. 2024-xxx Engineering Service Interlocal Cooperation Agreement with Denton County.doc 19 ICA, City of The Colony – North Ramp Connection Page 1 of 7 THE STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, hereinafter “the County”; and the City of The Colony, Texas, a duly organized political subdivision of the State of Texas, hereinafter “the City.” The County and the City are collectively referred to herein as “the Parties.” WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of providing engineering, right-of-way acquisition, relocation of existing street lighting, storm drainage, utility relocations, installation of a traffic signal, bridge modifications, sidewalk, landscape and irrigation system modifications, inspections, and construction of the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Mart Drive and South Colony Boulevard, located entirely in the municipal limits of the City and Denton County Commissioner Precinct #2, hereinafter “the Project”; and WHEREAS, the estimated cost of completion for the Project is FIVE MILLION FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($5,400,000.00), with the initial County contribution toward satisfactory completion of the Project, based on current available funding, in an amount which shall not exceed ONE MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,350,000.00), but upon issuance of additional bond funds, this Agreement is intended to be amended at a future date to increase the County commitment toward satisfactory completion of the Project in an amount which shall not exceed TWO MILLION SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($2,700,000.00), and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter “the Act,” provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act, and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County’s road system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; and NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: 20 ICA, City of The Colony – North Ramp Connection Page 2 of 7 WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads, and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall consist of engineering, right-of-way acquisition, relocation of existing street lighting, storm drainage, utility relocations, installation of a traffic signal, bridge modifications, sidewalk, landscape and irrigation system modifications, inspections, and construction of the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Mart Drive and South Colony Boulevard, at an estimated cost of FIVE MILLION FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($5,400,000.00), whereby the County agrees to make an initial contribution toward satisfactory completion of the Project, based on current available funding, in an amount which shall not exceed ONE MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,350,000.00), but upon issuance of additional bond funds, this Agreement is intended to be amended at a future date to increase the County commitment toward satisfactory completion of the Project in an amount which shall not exceed TWO MILLION SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($2,700,000.00). The Project is located entirely within the municipal limits of the City and Denton County Commissioner Precinct #2. III. The County hereby agrees to make an initial contribution toward satisfactory completion of the project in an amount which shall not exceed ONE MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,350,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. The City agrees to manage all engineering, right-of-way acquisition, utility relocations, inspections, construction, and maintenance of the Project. The City shall timely provide the County with all invoices and requested documentation in an amount which shall not exceed ONE MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,350,000.00). 21 ICA, City of The Colony – North Ramp Connection Page 3 of 7 V. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. As the City proceeds with the completion of the Project, the City shall submit all invoices for reimbursement to the Denton County Auditor, Mr. Jeff May, 1 Courthouse Drive, Suite 2000, Denton, Texas 76208, c/o Mr. John Polster, Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. The City shall submit invoices on a monthly basis, and the County shall reimburse the City on a pro rata basis for all approved expenses related to the Project within thirty calendar days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City’s representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance, or repair of a street or alley in the County that is located in the City. VIII. This agreement may be terminated in whole, or in part, by the County or the City upon thirty days written notice to the other party. In the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Richard Boyer, Mayor City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 22 ICA, City of The Colony – North Ramp Connection Page 4 of 7 Copy To: Ms. Tina Stewart, City Secretary City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 For County: Honorable Andy Eads, Denton County Judge 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 andy.eads@dentoncounty.com holly.sadlowski@dentoncounty.com Copy To: Denton County District Attorney’s Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 john.feldt@dentoncounty.gov cio@dentoncounty.gov X. The covenants, terms, and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XII. The City agrees to accept full responsibility for the acts, negligence and omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. XIII. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XIV. 23 ICA, City of The Colony – North Ramp Connection Page 5 of 7 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. The undersigned officers and agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVI. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed, and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. Executed this ________ day of _______________________, 2023. DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS 1 Courthouse Drive, Suite 3100 6800 Main Street Denton, Texas 76209 The Colony, Texas 75056 By: ______________________________ By:_______________________________ Honorable Andy Eads Honorable Richard Boyer Denton County Judge Mayor of the City of The Colony, Texas Acting by and on behalf of the authority Acting by and on behalf of the authority of the Denton County Commissioners Court of the City of The Colony, Texas ATTEST: ATTEST: By: _____________________________ By: ______________________________ Denton County Clerk City Secretary 24 ICA, City of The Colony – North Ramp Connection Page 6 of 7 COUNTY AUDITOR’S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. _________________________________ Denton County Auditor 25 ICA, City of The Colony – North Ramp Connection Page 7 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, hereby gives its specific written approval to the following Project, prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The scope of the Project shall consist of engineering, right-of-way acquisition, relocation of existing street lighting, storm drainage, utility relocations, installation of a traffic signal, bridge modifications, sidewalk, landscape and irrigation system modifications, inspections, and construction of the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Mart Drive and South Colony Boulevard, with an estimated cost of completion of FIVE MILLION FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($5,400,000.00). The Project shall be located entirely within the municipal limits of the City of The Colony and Denton County Commissioner Precinct #2. The County hereby agrees to make an initial contribution toward satisfactory completion of the project in an amount which shall not exceed ONE MILLION THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,350,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of The Colony, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: _______________________________ By: ________________________________ Presiding Officer of the Denton County Commissioners Court 26 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR ENGINEERING AND CONSTRUCTION SERVICES FOR THE NORTH RAMP CONNECTION FROM NORTHBOUND SH 121 FRONTAGE ROAD TO THE DIVERGING DIAMOND INTERCHANGE AT NEBRASKA FURNITURE MART DRIVE AND SOUTH COLONY BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement for the purpose of engineering and construction services for the North Ramp Connection from northbound SH 121 Frontage Road to Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard; and WHEREAS, the City Council has determined that it would be in the best interest to enter into the Interlocal Cooperation Agreement with Denton County for engineering and construction services for the North Ramp Connection from northbound SH 121 Frontage Road to Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County for engineering and construction services for the North Ramp Connection from northbound SH 121 Frontage Road to Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard; Section 2.That this resolution shall take effect immediately from and after its passage. 27 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF JUNE 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 28 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving an ordinance budget amendment to fund the City contribution for engineering and construction services for the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard. (Hartline) Suggested Action: Background: Denton County and the City mutually desire to enter into an Interlocal Cooperation Agreement for the purpose of providing engineering, right-of-way acquisition, utility relocations, storm drainage, traffic signals, bridge modifications, sidewalk, landscape and irrigation modifications, inspections and construction of the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange (DDI) at Nebraska Furniture Mart Drive and South Colony Boulevard. Denton County and the City both have agreed that the total estimated costs for the work to be performed for the North Ramp Connection is Five Million Four Hundred Thousand and No/100 Dollars ($5,400,000.00), whereby Denton County has agreed to make an initial contribution toward satisfactory completion of the North Ramp Connection project, based on available funding, in an amount which shall not exceed One Million Three Hundred Fifty Thousand and No/100 Dollars ($1,350,000.00). Denton County has agreed to make a future contribution toward satisfactory completion of the North Ramp Connection project, based on available funding, for increasing the amount to a total of Two Million Seven Hundred Thousand and No/100 Dollars ($2,700,000.00). The City of The Colony will be responsible for matching half the costs for the project up to Two Million Seven Hundred Thousand and no/100 Dollars ($2,700,000.00). Staff is requesting that Two Hundred Thousand and No/100 Dollars ($200,000.00) be approved in a budget amendment that will allow money to be allocated for this project for a portion of the City’s required contribution of their $2,700,000.00 in the Fiscal Year 2023-2024 Budget for the GF Capital Projects Fund. Allocating these funds for North Ramp Connection will allow City Staff to proceed with the necessary engineering services for the North Ramp Connection during this fiscal budget year. Attachments: Financial Summary Ord. 2024-xxxx ICA North Ramp Connection DDI Budget Amendment.doc 29 FINANCIAL SUMMARY: Are budgeted funds available:  Yes No  Budget Amendment Requested: $200,000.00 Source of Funds: Funding will be from the General Fund Total estimated project cost: $200,000.00 Engineering costs Already authorized Yes  No $200,000.00 Total estimated costs Denton County will reimburse 50% of the expended costs for the Engineering Services performed. 30 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024 - ________ AMENDING THE FISCAL YEAR 2023-2024 BUDGET AN ORDINANCE AMENDING ORDINANCE 2023-2534, ADOPTING THE FISCAL YEAR 2023-2024 BUDGET OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET FOR GF CAPITAL PROJECTS FUND OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Council of the City of The Colony is conducting business pursuant to a budget for fiscal year 2023-2024, heretofore previously adopted by Ordinance No. 2023-2534 on the 19th day of September, 2023; and WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the governing body of a municipality to make changes in the budget for municipal purposes; and WHEREAS, the City of The Colony finds it in the best interest of the City to increase the 2023- 24 GF Capital Projects budget by $200,000.00 for the purpose of providing engineering services for the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange (DDI) at Nebraska Furniture Mart Drive and South Colony Boulevard. WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such budget increases and reallocation of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are incorporated into the body of this Ordinance as if copied herein in their entirety. 31 2 SECTION 2. AMENDMENT AND ADOPTION That the GF Capital Projects budget for the fiscal year ending September 30, 2024 heretofore previously adopted by Ordinance 2023-2534 duly enacted by the City Council of the City of The Colony on the 19th day of September, 2023, be and is hereby amended as set forth herein, which amendment is hereby, in all respects, finally approved and adopted as so changed; and the same shall be hereby filed with the City Secretary of the City of The Colony. SECTION 3. BUDGET INCREASES That the 2023-24 GF Capital Projects budget is to be increased by an amount not to exceed $200,000.00. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council of The City of The Colony that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of The Colony are expressly saved as to any and all violations of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such 32 3 Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 18TH DAY OF JUNE 2024. __________________________________ Richard Boyer, City Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 33 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $135,686.30 with Reynolds Asphalt & Construction Company for improvements to the entrance road to Stewart Creek Park Golf Course. (Hartline) Suggested Action: Background: The funding for this project was approved in the 2023/2024 CIP Budget. The work includes base recycling with cement base treatment and a 2”asphalt overlay on the entrance road and a portion of the parking lot. The Bidding and Contract Documents that control this project will be the City of Grand Prairie Pavement Resurfacing Services, RFB #21117, as part of an Interlocal Agreement with the City of The Colony. The total cost of the work to be performed by Reynolds Asphalt & Construction Company is $135,686.30. The Golf Course Operator will reimburse the City $26,500.00 for their portion of the work upon substantial completion of the project. The Golf Course Operator and City Staff recommend approval of the Construction Services Contract with Reynolds Asphalt & Construction Company for Improvements to the Entrance Road to Stewart Creek Park Golf Course. With approval, the project is anticipated to start construction in August 2024 with an estimated completion in September 2024. Attachments: Location Map Reynolds Asphalt Construction Services Contract Proposal Photo of Existing Asphalt Road Conditions for the Stewart Creek Park Golf Course Financial Summary Res. 2024-xxx Reynolds Asphalt & Construction Company.doc 34 Cypress Cove Cottonwood Springs St Andrews µLocation Map Improvements to the Entrance Road to Stewart Creek Park Golf Course. Parking Lot and Asphalt Roadway Entrance at Stewart Creek Park Golf Course 35 36 37 FINANCIAL SUMMARY: Are budgeted funds available: Yes Amount budgeted/available: $135,686.30 Source of Funds: 710-669-6670-2389 Cost of recommended construction contract award: $ 135,686.30 Total estimated project cost: $ 135,686.30 Construction Already authorized Yes  No $ 135,686.30 Total estimated costs Note - $26,500.00 will be reimbursed by the Golf Course Operator upon completion of the project. 38 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 – _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH REYNOLDS ASPHALT & CONSTRUCTION COMPANY FOR THE IMPROVEMENTS TO THE ENTRANCE ROAD TO STEWART CREEK PARK GOLF COURSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has determined that it is in the best interest of the City to enter into a Construction Services Contract with Reynolds Asphalt & Construction Company for the improvements to the entrance road to Stewart Creek Park Golf Course; and WHEREAS, with this contract, the City of The Colony is agreeing to the services in the amount of $135,686.30 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The contract is found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF JUNE 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 39 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 40 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute the First Amendment to the PCS Site Agreement to extend the lease term for the cell tower at City Hall. (Hartline) Suggested Action: Background: The City originally entered into a cell tower lease agreement with Sprint Spectrum L.P. in October 2001. The lease was later assigned to and assumed by SBA 2012 TC Assets, LLC. (SBA). SBA now desires to extend the Lease Agreement as described below. 1) The tenant agrees to pay the City a one-time payment of One Thousand and No/100 Dollars ($1,000.00) upon full execution of the First Amendment. 2) The renewal terms are amended to include three (3) additional successive terms of five (5) years each. 3) Beginning on October 31, 2031, the City may terminate the agreement for any reason after giving SBA a one (1) year prior written notice. All other conditions of the original lease agreement remain in full force and effect. The City Attorney and City Staff have reviewed the First Amendment to the PCS Site Agreement and recommend approval. Attachments: First Amendment to the PCS Site Agreement to extend the lease term for cell tower at City Hall Res. 2024-xxx First Amendment to PCS Site agreement.docx 41 42 43 44 45 46 47 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PCS SITE AGREEMENT TO EXTEND THE LEASE TERM FOR THE CELL TOWER AT CITY HALL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony originally entered into a cell tower lease agreement with Sprint Spectrum L.P. in October 2001. The lease was later assigned to and assumed by SBA 2012 TC Assets, LLC (SBA). SBA now desires to extend the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, hereby approves the First Amendment to the PCS Site Agreement to extend the lease term for the cell tower at City Hall. Section 2. The City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS THE 18TH DAY OF JUNE 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 48 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Isaac Williams Submitting Department: Planning and Development Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance regarding the Site Plan application for “Randolph Brooks Federal Credit Union (RBFCU) The Colony,” located on the northwest corner of the frontage of SH 121 and Market Street, within the Business Park (BP) District and Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations the detailed land use, site layout and staff recommendation. Attachments: SP24-0001 CC Staff Report - RBFCU.docx SP24-0001 - RBFCU Exhibits final.pdf Ord. 2024-xxxx RBFCU Branch-Site Plan.docx 49 1 CITY COUNCIL REPORT AGENDA DATE: June 18, 2024 DEPARTMENT: Planning and Development Department _____________________________________________________________________________ SUBJECT:SP24-0001 – Randolph Brooks Federal Credit Union (RBFCU) – Site Plan Discuss and consider making an ordinance regarding the Site Plan application for “Randolph Brooks Federal Credit Union (RBFCU) The Colony,” a two-story building containing approximately 9,913 sf., with a 625 sf. drive-thru canopy and drive-thru lanes. The subject site contains approximately 1.170 acres and is located on the northwest corner of the frontage of SH 121 and Market Street, within the Business Park (BP) District and Gateway Overlay District. APPLICANT/OWNER Owner: Randolph-Brooks Federal Credit Union Universal City, TX Applicant: Chris Walton, P.E. Richardson, TX SBD Land Services EXISTING CONDITION OF PROPERTY The subject site undeveloped except for cross access drives. PROPOSED DEVELOPMENT The applicant intends to develop the site with a two-story credit union (bank) with drive-thru service. The two-story credit union building is approximately 9,913 sf., and includes a 625 sf. drive-thru canopy. The subject site contains approximately 1.170 acres and is located along the frontage of SH 121 to the west of Market Street. ADJACENT ZONING AND LAND USES North Business Park (BP) – Undeveloped South State Highway 121 East Business Park (BP) – Texas Roadhouse West Business Park (BP) – Bubbas 33 DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with Business Park (BP) Zoning District, the Comprehensive Zoning Ordinance and the Gateway Overlay District where applicable. The DRC recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 28, 2024 - – The Planning and Zoning Commission voted (5-0) to approve a site plan for Randolph Brooks Federal Credit Union. 50 2 July 11, 2017 – The Planning and Zoning Commission voted (6-0) to approve a site plan for Randolph Brooks Federal Credit Union. August 2, 2017 –The City Council voted (7-0) to approve a metal roof for Randolph Brooks Federal Credit Union. ATTACHMENTS 1. Staff Analysis 3. Project Narrative 2. Location Map 4. Proposed Development Plans ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site was previously approved for a single-story credit union with four (4) drive-thru lanes and a metal roof. The Randolph Brooks Federal Credit Union property owners now seek a two-story credit union with two (2) drive thru lanes. Banks [credit unions] are permitted “by right” within the Business Park (BP) Zoning district. The subject site is currently undeveloped except for existing cross access through the parcel to the north and west. The proposed Credit Union building is located in the Business Park (BP) Zoning District and the Gateway Overlay District.While the Business Park (BP) provides significant density bonus opportunities, the proposed Floor to Area Ratio of .19:1 does not require a density application. The remaining development standards of the Business Park (BP) zoning district such as pedestrian access, landscape, buffers, scale and design are also regulated by the Gateway Overlay District. The Gateway Overlay District standards are considered to supersede the regulations of the underlying Business Park (BP) Zoning District per 10A-100(a). Circulation and Parking Site access will be served by existing mutual access driveways from the SH 121 Frontage Road and from Market Street. The development will have forty (40) parking spaces where the Zoning Ordinance requires thirty (30) parking spaces. One (1) van and one (1) standard ADA space are located adjacent to the main building entrance. The sidewalk is provided from the business front entrance to east Market Street and continues north to the end of the property. A six (6) unit bike rack is provided on site. Landscaping and Buffering The landscape plan reflects the planting of various canopy trees, small ornamental trees, shrubs, and ground cover consistent with development within the Gateway Overlay District. The landscape plan reflects the uses of existing buffers along SH 121, and the establishment of transitional/ perimeter buffers along the other property lines. Plantings within these buffers offer screening of the vehicular areas of the site. All landscaping will be irrigated in compliance with City standards. The site offers fifteen (15) landscape points and a public amenity consistent with Gateway Overlay design regulations. 51 3 Building Elevations The Elevation Plan reflects a modern retail office aesthetic with four-sided architecture. The plan reflects the use of horizontal and vertical articulations for depth, and a mix of architectural elements such as awnings, glazing and material changes for visual interest. Each elevation reflects the usage of masonry material including the use of brick, stone, EIFS, glass and metal accents. As reflected, the elevations are consistent with the intent of the Gateway Overlay District. The roof is curved metal structure previously considered by Specific Use Permit in August 2017. Development Review Committee Review The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with the Comprehensive Zoning Ordinance, the Gateway Overlay District and the Business Park (BP) Zoning District where applicable. The DRC recommends approval. 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024 - _________ SITE PLAN – RANDOLPH-BROOKS FEDERAL CREDIT UNION (RFBCU) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “RANDOLPH BROOKS FEDERAL CREDIT UNION,” AN APPROXIMATELY 9,913 SQUARE-FOOT BANK AND 624 SQUARE- FOOT DRIVE-THRU WITHIN LOT 1, BLOCK A OF THE GATEWAY CENTRE, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND GENERALLY LOCATED AT 4049 STATE HIGHWAY 121 WITHIN THE BUSINESS PARK ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP24-0001 for “Randolph-Brooks Federal Credit Union,” an approximately 9,913 square-foot bank with 624 square-foot drive-thru within Lot 1, Block A, of the Gateway Centre Addition, an addition to the City of The Colony, Denton County, Texas, Document Number 2017-369, Official Records, Denton County, Texas. The subject site is located at 4049 State Highway 121, City of The Colony, Texas, within the Business Park Zoning District and the Gateway Overlay District should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That 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 of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan, building elevations and photometric plan applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph orsection of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 65 SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 18TH DAY OF JUNE 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 66 Exhibit A [Site Plan] 67 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Tina Stewart Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Eide Bailly, LLC for services and performance of the City's annual financial audit and single audit of state and federal grants. (L. Williams) Suggested Action: Attachments: RFQ 30-24-10 - Audit Services - Submission Eide Bailly.pdf Audit Services Awarded Contract - Eide Bailly.docx Res. 2024-xxx Professional Services Agreement - Eide Bailly, LLC.docx 68 Company Information Cover Sheet May 15, 2024 Statement of Qualifications |Request for Qualifications for Financial Audit Services 30-24-10 CITY OF THE COLONY, TEXAS Submitted By: Company Name: Eide Bailly LLP Address: 400 Pine St., Ste. 600, Abilene, Texas 79601 Phone Number: 325.437.4146 Contact Person: Shelby Ebarb, Partner Email Address: sebarb@eidebailly.com 69 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS TABLE OF CONTENTS Company Information Cover Sheet ....................................................................................... 1 Introductory Letter .................................................................................................................... 3 Understanding of Needs ......................................................................................................... 6 Proposed Work Plan ................................................................................................................ 8 Team Qualifications ...............................................................................................................14 Firm History and Background ...............................................................................................24 Responsible Team Member ...................................................................................................31 Reference Data Sheets ..........................................................................................................33 Litigation/Ethics .......................................................................................................................39 Proof of Insurability ................................................................................................................41 Cost Proposal ..........................................................................................................................47 The Right Choice for City of The Colony ............................................................................49 Appendix A: Peer Review .....................................................................................................50 70 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 3 | eidebailly.com Introductory Letter INTRODUCTORY LETTER 71 What inspires you, inspires us. | eidebailly.com 400 Pine St., Ste. 600 | Abilene, TX 79601-5190 | T 325.672.4000 | TF 800.588.2525 | F 325.672.7049 | EOE May 15, 2024 Mayor and City Council Cherise De Los Santos, Purchasing Manager City of The Colony 6800 Main St. The Colony, TX 75056 Thank you for giving Eide Bailly the opportunity to propose on audit services for City of The Colony (City). We understand your needs and have provided similar services to the government industry for more than 70 years. We’re confident the City will benefit from the experience we can provide. Eide Bailly has the qualifications to be the firm of choice for this engagement for the following reasons: Extensive Government Industry Experience: The government industry represents one of Eide Bailly’s largest niche areas — with more than 1,300 government clients firmwide. We provide audit services for a variety of cities, counties, school districts, colleges and universities, fire relief agencies, housing authorities, state agencies and tribal entities. Through serving these clients, our professionals have gained focused expertise in the government industry and will provide you with insightful advice that aids in managing the finances of the City. Business is about more than numbers, and we are active in the industries we serve. We stay abreast of current issues impacting the government industry and grow our knowledge by attending workshops and trainings. During your engagement, we’ll work closely with your management team to identify issues and provide responsive solutions tailored to your organization. As a valued client, you’ll also experience: •National Presence: While you’ll be served by professionals in our Abilene office, the City will also have access to national resources, including more than 3,000 professionals with diverse skill sets and experiences across the firm. •Proactive Communication: Eide Bailly’s client service is founded and focused on communication which includes timely or real-time responses, ongoing client-centric support and a service team that strives to exceed expectations. You can expect your Eide Bailly service team will keep you informed of changes that may affect your organization. •Partner Involvement: Setting us apart from other firms, our service philosophy is to have the most experienced industry professionals — our partners and managers — work closely with clients. You can expect senior level involvement not only during the engagement, but also throughout the year as issues, questions and opportunities arise. Timeliness: We’ll meet your deadlines. Our professionals are trained to anticipate, identify and respond to your needs in a timely manner. We’ll work closely with your management team to customize our services to your needs. We believe in clear, up-front and open communication with no surprises. We understand and will comply with the schedules and scope for the audit, as outlined in your Request for Qualifications (RFQ) and will perform all work within the timeframes outlined. 72 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 5 | eidebailly.com Unmatched Client Service is Our Passion: Our history of high staff continuity — significantly higher than most firms — means you’ll work consistently with the same team, all of whom have been chosen because of their experience serving and advising government entities similar to the City. Working with Eide Bailly means all your service needs will be addressed within a single, core team, resulting in greater efficiency and scale. Thought Leadership: We are leaders in the government industry, offering valuable perspectives beyond our core strength of accounting and tax compliance. We’re business advisors who want to help guide the strategy and operations of your organization, and we’ll make sure you feel connected and understand the process. Our professionals work closely together so you receive valuable service from people who understand your needs and know your business. Primary Contact As a partner with Eide Bailly, Shelby Ebarb is authorized to present this proposal and to bind Eide Bailly in contract. She will serve as the primary contact for the City. Eide Bailly LLP 400 Pine St., Ste. 600 | Abilene, Texas 79601 Shelby Ebarb, CPA | Partner 325.437.4146 | sebarb@eidebailly.com We Want to Work with You We’ve developed the following proposal with City of The Colony in mind, and we’ll provide timely, personalized audit services for you. We’ll also get to know you and your staff and take the time to understand your specific challenges and opportunities. We deliver honest and insightful advice beyond what is normally experienced in the public accounting industry. Our tagline, what inspires you, inspires us, is more than words to add to marketing materials. We gain energy from those we serve, which turns into a passionate interest in our clients’ success. The following pages highlight our firm’s strengths and solutions we can provide for the City. We believe this demonstrates why Eide Bailly merits serious consideration. You’ll be a highly valued client, and we would be proud to work with City of The Colony, building a trusting relationship with your team. Please contact me if you would like to discuss any aspect of this proposal. Sincerely, Shelby Ebarb, CPA Partner 325.437.4146 sebarb@eidebailly.com This proposal will remain open and irrevocable for a period of 90 days form the due date for submitting the Statement of Qualifications. 73 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 6 | eidebailly.com Understanding of Needs UNDERSTANDING OF PROJECT 74 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 7 | eidebailly.com Understanding of Needs Based on the issued RFQ, we understand the City is looking for a qualified and experienced public accounting firm whose principal officers are independent certified public accountants. The City is needing to include the following, for the fiscal years ending September 30, 2024, 2025 and 2026, with the option to renew for an additional two years based on satisfactory performance. We will: •Conduct an audit of financial statements of the City. •Perform a single audit. •Assist in the preparation of the Annual Comprehensive Financial Report (ACFR). •Work with the City to submit its ACFR for the Government Finance Officers Association (GFOA)’s Certificate of Excellence in Financial Reporting program. Meeting your Expectations We welcome the opportunity to be your professional services firm and will: •Provide ongoing help for questions, concerns and problems that arise, whether they are anticipated or unexpected. •Provide Shelby Ebarb as your specific client service contact who’ll coordinate your service team and managers and staff to assist management with informed and accurate solutions. •Provide experienced professionals who possess the depth and expertise to handle significant or complicated issues. When you work with Eide Bailly, your experience will be different than working with other CPA firms. Our professionals are thought leaders who strive to become your trusted business advisors by delivering insightful advice and industry knowledge. Our professionals are trained to anticipate, identify and respond to your needs in a timely manner. We’ll work closely with your management team to customize our services to your needs. We believe in clear, up-front and open communication with no surprises. 75 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 8 | eidebailly.com Proposed Work Plan PROPOSED WORK PLAN 76 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 9 | eidebailly.com AUDIT APPROACH Risk-Based Approach We take a top-down, risk-based approach to planning and performing the financial statement audit. During our planning phase, we identify/re-examine specific risks and allocate resources based on our understanding of your business and operations. Our people are trained to focus on anticipating, identifying and responding to client needs in a timely manner, and we understand the importance of completing the audit on a timely basis. We’ll work closely with your staff to develop an audit plan tailored to your needs. The value of our audit approach includes the following: •Careful and considerate planning of our work to avoid interruption to your staff. •Anticipate information needs so additional schedule requests during interim and final fieldwork are minimized or eliminated. •On-time delivery of reports and management letter. •Significant level and frequency of partner involvement with the City’s management team during the audit, providing a greater opportunity to better understand your organization, internal controls and processes so we can provide benefits that extend beyond the audit process. AUDIT WORK PLAN Our audit approach is designed for collaboration and optimal results. It consists of five major components: Planning, Interim, Fieldwork, Reporting and Ongoing Communication. If awarded, we will discuss with management our proposed schedule, but we also have the flexibility to make any changes to meet reporting deadlines. The objectives of each component are described in the following pages: Planning Interim Work Fieldwork Reporting Ongoing Communication 77 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 10 | eidebailly.com PLANNING •Discuss and finalize the engagement timeline, audit approach and process. •Discuss risks and concerns of the management and accounting staff, including the City Council, if requested. •Evaluate the nature of the operating environment (e.g., changes in volume, degree of system and reporting centralization, sensitivity of processed data, impact on critical business processes, potential financial impacts, planning conversions and economic and regulatory environment). •Review interim financial information and reports to identify significant risks and changes. •Review significant estimate areas and consider underlying assumptions. •Gain an understanding of the City, its reporting units and their environments. •Document internal control systems, including IT, and related changes from prior periods. •Consider fraud, risk of noncompliance, illegal acts, abuse, etc. •Assess audit risk and identify of potential audit issues. •Assess materiality and testing scopes, to the extent possible, and present audit plan. •Prepare and communicate audit request lists and work papers. •Develop expectations regarding timing and audit progress. •Gain understanding of single audit programs and perform an analysis of potential major federal programs. INTERIM WORK: SINGLE AUDIT Phase I: Risk Assessment and Planning This phase encompasses the planning and risk assessment of your federal programs. The planning phase sets the tone as well as set the stage for an efficient and effective single audit. We will work closely with management to properly identify federal programs and clusters to determine the major programs to be tested. The steps include: •Determine grant awards and funding increments. •Determine the Type A and Type B thresholds. •Perform a review of the past two single audits and document the program risk to determine risk, for any programs above the threshold (Type A). •Make final determination of major programs to be tested. •Review applicable Uniform Guidance Compliance Supplement for any unusual items and determine direct and material compliance areas for each major program. Phase II: Major Program Testing After making the major program determination, we will test the major programs through the following steps: •Obtain audit steps from the Compliance Supplement. •Obtain the process and controls related to the direct and material compliance areas identified during planning. The controls for each area need to address the five components of Committee of Sponsoring Organizations of the Treadway Commission (COSO) as required by Uniform Guidance. •Select samples for control and compliance testing. •Perform control testing for effectiveness and compliance testing of selected transactions. •Report material weaknesses or material noncompliance to management. •Hold periodic status meetings and discuss potential findings with management while our auditors are in the field. 78 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 11 | eidebailly.com Phase III: Assessment and Reporting The above steps are based on the preliminary Schedule of Expenditures of Federal Awards (SEFA). Once the SEFA has been finalized, we will determine if any additional major programs are to be tested. We will: •Perform major program testing steps for any newly identified programs. •Review prior findings, if any, and determine if findings were cleared by management and do not need to be reported during the current year. •Prepare the Schedule of Findings and Questioned Costs. •Hold an exit conference with management and key grant personnel and provide a draft report of the single audit and any Yellow Book findings required to be reported. Findings are reviewed by the Manager and Engagement Partner prior to the exit conference. INTERIM WORK: FINANCIAL STATEMENT •Communicate with management to determine internal controls, perform walk-throughs and to discuss any potential audit issues. •Determine audit procedures by area, based on results of planning and risk assessment. •Determine confirmation needs. •Prepare listing of audit information requested from the City. •Review minutes, resolutions and ordinances. •Perform tests of legal compliance. •Provide weekly updates to the City staff. •Hold exit conference with management. FINAL FIELDWORK •Audit areas based on risk assessment. •Obtain and prepare schedules and analyses supporting the financial information. •Discuss findings with management, if any. •Discuss proposed journal entries with management, if any. •Finalize single audit testing. •Provide weekly updates to the City staff. •Hold exit conference with management. REPORTING •Review of financial statements by the Engagement Partner. •Review of financial statements by the Technical Review Partner to obtain a second opinion on the completeness and adequacy of financial statement disclosures and audit procedures. •Complete management letters and review with management. •Prepare other communications to management and the Board. •Assist with preparation of the Data Collection Form and the reporting package for submission to the Federal Audit Clearinghouse. •Present to the City Council at its regularly scheduled meeting, if requested. 79 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 12 | eidebailly.com ONGOING COMMUNICATION •Obtain interim financial statements throughout the year for review. •Analyze significant changes and identify areas to further tailor our audit plans and keep us up to date with continuing changes. •Compare interim results to year-end results for the past few years to identify potential issues in the financial reporting process. •Participate periodically at your City Council meetings, and any other meetings, upon request. We take a “no surprises” approach to our engagements. We work closely with management and accounting personnel throughout the audit process, hold weekly meetings to review open items and discuss potential accounting or compliance issues and provide periodic written or oral reports on the status of the audit to representatives of the City. At the end of fieldwork, we will hold an exit conference with management to discuss any potential findings and come to a conclusion. We strive not to have additional findings subsequent to the exit conference. Audit Schedule Eide Bailly commits to you that if your team is prepared for the audit when our team is in the field, we will meet your deadlines. We will work closely with your team through the planning stages to clearly define expectations and the items required from your team in order to facilitate an efficient audit to enable us to meet your deadline. The following table identifies the structure of our audit for the City reports and the timing of each section: Engagement Timeline Activity Timing Planning Upon engagement Interim Single Audit Fieldwork August/September 2024 Fieldwork December 2024/January 2025 Exit Conference At the end of fieldwork Reporting March 2025 Ongoing Communication Throughout the Year By engaging in thorough audit planning and communications with management, we begin each engagement with a strong understanding of the various deadlines for each of the financial and single audits and the steps involved along the way to meet these deadlines. An audit project plan will be developed between our team and the City and then followed closely, and we will work with the City’s management team to customize our auditing services and specific timelines to your needs. We believe in clear, up-front and open communication with no surprises. Use of Technology Eide Bailly staff utilizes progressive and effective software to streamline processes and make them as efficient as possible. These technologies include: 80 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 13 | eidebailly.com Suralink Suralink is an interactive Provided by Client (PBC) software solution aimed at improving the client experience for document exchange. This addition to our suite of tools has the potential to save a substantial amount of time managing PBC documents, creating increased efficiencies during your engagement. My Eide Bailly (Web-Based Client Site) My Eide Bailly is an online site giving clients visibility into their projects, control over who can access and see files related to those projects (including third parties), and an easy way to access invoices, browse articles and register for upcoming webinars and events. My Eide Bailly makes it easy to share and stay connected with Eide Bailly, creating efficiencies for both clients and Eide Bailly staff during engagements. Additional features will continue to be added in order to help clients. Data Extraction Software TeamMate: Eide Bailly designs our approach to incorporate the use of TeamMate Analytics to maximize efficiency while conducting a very effective audit. Through TeamMate, we can extract information from related databases and create databases that check for duplicate payments, summarize payments, extract journal entries from specific accounts, develop expectations for analytical procedures and recalculate system calculations, among a host of other procedures developed by our audit team. DataSnipper: Eide Bailly's audit approach is enhanced by the use of DataSnipper, a powerful Excel add-in that improves efficiency and fosters effective auditing practices. This innovative tool allows us to leverage artificial intelligence (AI) for automated document matching. With configurable templates for standardized audit procedures, DataSnipper streamlines workpaper preparation and review while enhancing collaboration within our audit practice. CCH ProSystem fx Engagement by Wolters Kluwer This software is used to perform the audit, retains the electronic workpapers and supporting documentation, performs project tracking and facilitates quality engagement review. Flexibility to Meet Your Needs Eide Bailly performs all engagements in a paperless environment. As a technology-driven firm, we’ve seen no issues in performing audit procedures off-site from our clients. We utilize tools, such as using Microsoft Teams, which allows us to communicate with our clients face to face, while sharing screens, to make the process as seamless as possible. We host webinars to educate our clients on changing circumstances and how to successfully navigate those changes. We have no concerns completing this audit remotely should the City desire it. We’ll discuss with management which approach, remote versus on-site, works best for you. 81 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 14 | eidebailly.com Team Qualifications TEAM QUALIFICATIONS 82 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 15 | eidebailly.com KNOWLEDGEABLE AND EXPERIENCED SERVICE TEAM We’re passionate about our work — and your success. We’ve selected professionals for your service team who are the right fit for your engagement, based on their knowledge and experience in the government industry. You’ll work with a team that has extensive knowledge and experience in your industry. Shelby Ebarb will serve as the Engagement/Audit Partner; K.B. Woods and Kayla Butterfield will serve as the Senior Associates, and Abbi Doppler will serve as the Associate. These professionals bring strong credentials and a desire to work with the City. If awarded this engagement, these individuals will serve as your primary contacts. Additional resources will support the project team as necessary. Capacity to Manage Workload We’re confident we have the resources to meet your needs. If we’re selected for your engagement, we’ll meet with the City to discuss timing needs and structure our commitment of resources accordingly. We have reviewed our workload and are confident that through the size of our firm and the resources we have – not only in our Abilene office, but also across the firm – we have the capacity to serve the City now and in the future. Although we’re committed to other projects, we’re adept at managing workflow and projects and are flexible in allocating staff time. We’ll continue to monitor and measure performance of our employees and their skills as they relate to your projects. Additionally, we’ll monitor the City’s satisfaction with Eide Bailly to ensure our level of service meets your needs. Shelby Ebarb Engagement Partner K.B. Woods Senior Associate Kayla Butterfield Senior Associate Abbi Doppler Associate Additional Resources, if needed 83 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 16 | eidebailly.com SHELBY EBARB, CPA Partner INSPIRATION: My goal is to create positive relationships with our clients by working together as a team to improve their financial reporting processes and being a partner in their business success. 325.437.4146 | sebarb@eidebailly.com Shelby has been working in public accounting since 2008. She has extensive audit experience with nonprofit and government entities, including school districts, universities, cities, counties and appraisal districts. She also helps clients with single audit needs. Shelby believes in providing excellent client service. Clients can expect her to provide thorough guidance and answers to their financial questions. The positive relationships she has built with her clients have been an asset throughout her career. Outside of work, Shelby enjoys spending time with her family and traveling. She is also a member of her alma mater’s alumni association. Client Work Conducts audits in accordance with Generally Accepted Auditing Standards (GAAS), the Yellow Book or Generally Accepted Government Auditing Standards (GAGAS) and Uniform Guidance. Extensive experience with 2 CFR Part 200 audits (Single Audit), including a variety of federal grants and agencies and the preparation and review of Annual Comprehensive Financial Report audits. Performs financial statement audits of nonprofit entities, including universities. Memberships American Institute of Certified Public Accountants Texas Society of Certified Public Accountants, Immediate Past President of Abilene Chapter Abilene Young Professionals Designation/Licensures Certified Public Accountant Education Master of Accounting - Texas Tech University, Lubbock Bachelor of Business Administration - Texas Tech University, Lubbock Community 2022 Recipient of Abilene Young Professionals 20 under 40 Award Children’s Arts and Literacy Festival, Volunteer Texas Tech Alumni Association, Member 84 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 17 | eidebailly.com Relevant CPE Courses for Shelby Ebarb Course Title Sponsor Date Total Credits 2024 Estimates Updates & Reminders, SAS 145 Risk Assessment, & Going Concern Considerations Eide Bailly LLP 05/03/2024 1.5 Planning and Single Audit Planning Eide Bailly LLP 04/19/2024 8.0 New Partner Leadership & Leadership Training Program: Introduction to Firm Administration Series: Finance Eide Bailly LLP 01/23/2024 1.0 2023 Internal Inspection Results Eide Bailly LLP 10/27/2023 1.5 Single Audit Update Eide Bailly LLP 07/17/2023 2.0 2023 Nonprofit Audit Update Eide Bailly LLP 07/10/2023 1.5 System and Organization Controls (SOC), Journal Entries, Firm Resources Eide Bailly LLP 06/23/2023 1.5 Spring A&A Update Eide Bailly LLP 05/23/2023 6.0 Single Audit Basic Training Eide Bailly LLP 05/17/2023 2.0 Government Update Eide Bailly LLP 05/16/2023 7.0 Student Financial Aid Single Audit Training Eide Bailly LLP 05/09/2023 3.5 DataSnipper, Suralink Policies & Updates, Independence Safeguards, Internal Inspections & Peer Review Process Eide Bailly LLP 05/05/2023 1.0 Texas Assurance Training - Live in TX Office Eide Bailly LLP 04/24/2023 21.0 Revenue Testing, Analytical Procedures, and Auditing Eide Bailly LLP 01/13/2023 1.5 2022 Internal Inspection, Inventory Observation, Analytics and Expectation of precision for review engagements Eide Bailly LLP 10/28/2022 1.5 Current Year Single Audit Matters and Challenges Eide Bailly LLP 10/25/2022 1.0 IT Controls, Information Technology Risk Advisory Services Group, SAS 142 Update, Lease Template, and Suralink Demo Eide Bailly LLP 08/26/2022 1.5 Single Audit Update Eide Bailly LLP Various dates 6.0 NPO Audit Eide Bailly LLP Various dates 3.0 Government Update Eide Bailly LLP 07/12/2022 4.5 Healthcare Retreat Eide Bailly LLP 07/11/2022 3.0 Auditing Leases and Journal Entry Testing Eide Bailly LLP 06/24/2022 1.5 Eide Bailly - A&A Update Eide Bailly LLP 05/24/2022 5.0 GASB-87, Leases – One Last Look for Lessees Eide Bailly LLP 05/18/2022 2.0 Lease Query Eide Bailly LLP 05/06/2022 1.5 85 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 18 | eidebailly.com K.B. WOODS Senior Associate INSPIRATION: I find great fulfillment in working with our clients, developing business relationships and learning their systems so I can offer proactive solutions to their financial reporting process. 325.437.4122 | kwoods@eidebailly.com K.B. plans and performs all phases of an audit engagement to meet the needs of the client within a specified time frame. She also assists in diagnosing and solving client problems. Clients can expect K.B. to obtain a comprehensive understanding of their operations, processes and business objectives. She strives to build working relationships with clients so that she can best assist with meeting their business goals. Outside of work, K.B. enjoys spending time with her family and traveling to new destinations in their RV. She is also an avid reader. Client Work Conducts audits in accordance with Generally Accepted Auditing Standards (GAAS), GAGAS, (the Yellow Book) and Uniform Guidance. Performs financial statement audits of nonprofit and governmental entities, such as school districts and central appraisal districts. Facilitates consolidated audits for HUD programs for financial institutions. Education Bachelor of Science - Texas Tech University, Lubbock Master of Business Administration - The University of Texas at Tyler Master of Science, Accounting - Texas A&M Commerce Community Candidate Member, Texas Society of CPAs 86 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 19 | eidebailly.com Relevant CPE Courses for K.B. Woods Course Title Sponsor Date Total Credits 2024 Estimates Updates & Reminders, SAS 145 Risk Assessment, & Going Concern Considerations Eide Bailly LLP 05/03/2024 1.5 Planning and Single Audit Planning Eide Bailly LLP 04/19/2024 8.0 Peer Review, OneConnect, Report Review Process, Scoping Guidelines, SAS 143/145 Updates Eide Bailly LLP 01/21/2024 1.5 2023 Internal Inspection Results Eide Bailly LLP 10/27/2023 1.5 HUD - Financial Institutions Eide Bailly LLP 10/26/2023 3.5 SAS 143, 144, 145, & 148 Eide Bailly LLP 08/25/2023 1.5 Single Audit Basic Training Eide Bailly LLP Various dates 8.0 System and Organization Controls (SOC), Journal Entries, Firm Resources Eide Bailly LLP 06/23/2023 1.5 2023 Texas School Districts Accounting and Auditing Conference TXCPA CPE Foundation 06/06/2023 16.0 Spring A&A Update Eide Bailly LLP 05/23/2023 6.0 ERISA Industry Update Eide Bailly LLP 05/18/2023 3.5 Government Update Eide Bailly LLP 05/16/2023 7.0 DataSnipper, Suralink Policies & Updates, Independence Safeguards, Internal Inspections & Peer Review Process Eide Bailly LLP 05/05/2023 1.0 Texas Assurance Training Eide Bailly LLP 04/24/2023 3.5 Journal Entries, Firm Resources Eide Bailly LLP 06/23/2023 1.5 GASB 87 and 96: An Intro and Comparison Eide Bailly LLP 02/15/2023 2.0 2022 Internal Inspection, Inventory Observation, Analytics and Expectation of precision for review engagements Eide Bailly LLP 10/28/2022 1.0 HUD Training: HUD for Financial Institutions Eide Bailly LLP 10/19/2022 4.0 IT Controls, Information Technology Risk Advisory Services Group, SAS 142 Update , Lease Template, and Suralink Demo Eide Bailly LLP 08/26/2022 1.5 Single Audit Update Eide Bailly LLP Various dates 6.0 Government Update Eide Bailly LLP 07/12/2022 4.5 Eide Bailly - A&A Update Eide Bailly LLP 05/24/2022 6.0 ERISA Industry Update Eide Bailly LLP Various dates 6.0 Single Audit Basic Training - Concluding a Single Audit Eide Bailly LLP 05/23/2022 2.0 Lease Query Eide Bailly LLP 05/06/2022 1.5 87 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 20 | eidebailly.com KAYLA BUTTERFIELD Senior Associate INSPIRATION: I find fulfillment in working as a team to accomplish the same mission. That's why my goal is to provide each client with a valuable experience by applying my knowledge and effort to assist them in reaching their goals. 325.437.4160 | kbutterfield@eidebailly.com Kayla has been working in public accounting since 2019. She has audit and single audit experience with government entities, including school districts, universities, cities, counties and appraisal districts. Additionally, Kayla has worked on reviews for various nonprofit entities. When working with Kayla, you can expect her to take the time to understand the client and their organization. She is attentive and will work to get questions answered timely. In her free time, Kayla enjoys reading thrilling books or catching the latest film in theaters. She loves spending time with her family and her dog, Reba. Her favorite vacations include staying in cabins, where she can relax in the woodsy areas. Client Work Experience with audits in accordance with Generally Accepted Auditing Standards (GAAS), the Yellow Book or Generally Accepted Government Auditing Standards (GAGAS) and Uniform Guidance. Experience with 2 CFR Part 200 audits (Single Audit), including a variety of federal grants and agencies. Education Master of Accountancy - Abilene Christian University 88 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 21 | eidebailly.com Relevant CPE Courses for Kayla Butterfield Course Title Sponsor Date Total Credits 2024 Estimates Updates & Reminders, SAS 145 Risk Assessment, & Going Concern Considerations Eide Bailly LLP 05/03/2024 1.5 Planning and Single Audit Planning Eide Bailly LLP 04/19/2024 8.0 2023 Single Audit Update Eide Bailly LLP 07/17/2023 2.0 Single Audit Basic Training Eide Bailly LLP Various dates 8.0 2023 Texas School Districts Accounting and Auditing Conference TXCPA CPE FOUNDATION 06/06/2023 16.0 Assurance Advantage Level 3 - Mastering the Audit Eide Bailly LLP 06/02/2023 18.0 Spring A&A Update 2023 (Eide Bailly) Eide Bailly LLP 05/23/2023 6.0 ERISA Industry Update Eide Bailly LLP Various dates 10.5 Government Update Eide Bailly LLP 05/16/2023 7.0 DataSnipper, Suralink Policies & Updates, Independence Safeguards, Internal Inspections & Peer Review Process Eide Bailly LLP 05/05/2023 1.0 Texas Assurance Training Eide Bailly LLP 04/24/2023 7.0 Revenue Testing, Analytical Procedures, and Auditing in the current economic environment Eide Bailly LLP 01/13/2023 1.5 2022 2021 Leases Update CCH 11/23/2022 2.0 Government 101 Part 2 – Back to Basics Eide Bailly LLP 10/14/2022 2.0 2022 Single Audit Update: What to Know and How to Prepare CCH 09/02/2022 2.0 Accounting for Revenues in Government (Emphasis on Non- Exchange Transactions) Becker Professional Education 09/02/2022 3.0 IT Controls, Information Technology Risk Advisory Services Group, SAS 142 Update , Lease Template, and Suralink Demo Eide Bailly LLP 08/26/2022 1.5 Single Audit Update Eide Bailly LLP 08/24/2022 2.5 Government Basic Training Eide Bailly LLP 08/04/2022 1.0 Government Update Eide Bailly LLP 07/12/2022 4.5 Auditing Leases and Journal Entry Testing Eide Bailly LLP 06/24/2022 1.5 Assurance Advantage Level 2 - Taking Responsibility for the Audit Eide Bailly LLP Various dates 18.00 Single Audit Basic Training - Introduction to Single Audit / Planning a Single Audit Eide Bailly LLP 05/19/2022 4.0 2022 Yellow Book Update Becker Professional Education 05/18/2022 2.0 Lease Query Eide Bailly LLP 05/06/2022 1.5 Assurance Advantage Level 1 Webcast # 4 Eide Bailly LLP 04/14/2022 2.0 89 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 22 | eidebailly.com ABBI DOPLER Associate INSPIRATION: I take pride in building relationships with clients across a wide variety of industries, providing excellent client service and giving them engagement services of exceptional quality. 325.437.4151 | adopler@eidebailly.com Abbi assists our clients by performing financial analysis and understanding the processes and operations during the audit. She has audit experience in various industries such as government, manufacturing and financial institutions. When working with Abbi, you can expect her to build relationships with the clients, be dedicated to the job before her and maintain a positive attitude throughout the engagement. Abbi takes pride in her work and wants to ensure it is done in a timely manner. She is there to ensure your questions are answered in an efficient manner, whether that be through her knowledge, team collaboration or finding the best resource. Outside of work, Abbi enjoys spending time with friends and family, relaxing and traveling. Her favorite place to travel is the beach so you can probably catch her there at least once a year. Client Work Practice emphasis in audits of detailed financial statement testing for government entities, including MHMRs and cities, as well as manufacturing entities and financial institutions. Evaluates all client reports and services provided to document and ensure the accuracy of the financial statements. Has experience in internal control review for government, manufacturing and financial institutions, including FDICIA testing. Experience in the audits of trust departments and companies in accordance with federal and state regulatory agencies. Education Bachelor of Business Administration, Accounting - Hardin-Simmons University Community Abilene Young Professionals, Member Beltway Church, Member 90 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 23 | eidebailly.com Relevant CPE Courses for Abbi Dopler Course Title Sponsor Date Total Credits 2024 Estimates Updates & Reminders, SAS 145 Risk Assessment, & Going Concern Considerations Eide Bailly LLP 05/03/2024 1.5 Planning and Single Audit Planning Eide Bailly LLP 04/19/2024 8.0 Peer Review, OneConnect, Report Review Process, Scoping Guidelines, SAS 143/145 Updates Eide Bailly LLP 01/21/2024 1.5 2023 Internal Inspection Results Eide Bailly LLP 10/27/2023 1.5 SAS 143 Auditing Accounting Estimates and Related Disclosures, SAS 145 Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatement, Workpaper Templates. Eide Bailly LLP 09/22/2023 1.5 SAS 143, 144, 145, & 148 Eide Bailly LLP 08/25/2023 1.5 Single Audit Update Eide Bailly LLP 07/17/2023 2.0 Single Audit Basic Training Eide Bailly LLP Various dates 8.0 System and Organization Controls (SOC), Journal Entries, Firm Resources Eide Bailly LLP 06/23/2023 1.5 Spring A&A Update Eide Bailly LLP 05/23/2023 6.0 Government Update Eide Bailly LLP 05/16/2023 7.0 DataSnipper, Suralink Policies & Updates, Independence Safeguards, Internal Inspections & Peer Review Process Eide Bailly LLP 05/05/2023 1.0 Texas Assurance Training Eide Bailly LLP 04/24/2023 7.0 Revenue Testing, Analytical Procedures, and Auditing in the current economic environment Eide Bailly LLP 01/13/2023 1.5 2022 Comprehending Single Audits, Federal Awards (Yellow Book Compliant) AICPA 11/28/2022 1.0 Internal Inspection, Inventory Observation, Analytics and Expectation of precision for review engagements Eide Bailly LLP 10/28/2022 1.5 Government 101– Back to Basics Eide Bailly LLP 10/14/2022 2.0 IT Controls, Information Technology Risk Advisory Services Group, SAS 142 Update , Lease Template, and Suralink Demo Eide Bailly LLP 08/26/2022 1.5 Assurance Advantage: Level 1 Eide Bailly LLP 08/05/2022 22.5 Auditing Leases and Journal Entry Testing Eide Bailly LLP 06/24/2022 1.5 2022 Governmental Entities and Cyber Frauds CCH 06/02/2022 2.0 GASB 84: Fiduciary Activities Becker Professional Education 06/01/2022 1.0 Eide Bailly - A&A Update Eide Bailly LLP 05/24/2022 6.0 Lease Query Eide Bailly LLP 05/06/2022 1.5 Assurance Advantage Level 1 Eide Bailly LLP 01/13/2022 16.5 91 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 24 | eidebailly.com Firm History and Background FIRM HISTORY AND BACKGROUND 92 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 25 | eidebailly.com WHAT INSPIRES YOU, INSPIRES US Your experience will be different than working with other CPA firms because we offer knowledge and skills backed by more than 100 years of service. Our professionals deliver industry and subject matter expertise resourcefully, ensuring we’re providing guidance that directly reflects your needs. Our clients benefit from local, personal service and, at the same time, enjoy access to more than 3,000 professionals with diverse skill sets and experiences. Navigating a Path to Success Together By embracing change and focusing on innovative ideas, we’ve grown along with our clients to become one of the top 25 accounting firms in the nation. Accounting is about numbers, but our business is about relationships. We’ll be there for you every step of the way. Talented, down-to-earth people work at our firm, and we're inspired to deliver outstanding expertise and care. We’re driven to help you take on the now and the next with inspired ideas, solutions and results. Our work with clients is more than an engagement. It’s a relationship, built on values and trust ― and results. When working with Eide Bailly, you’ll: •Work with professionals who truly care about your business and will take the time to get to know you and your organization. •Gain insight from our industry and service specialists to accomplish your objectives, address challenges and leverage new opportunities. •Make better business decisions knowing you’re guided by advisors who care about your success. •Appreciate our hands-on service style; we’re always looking for new ways to solve your problems or help you embrace opportunities. Independence Eide Bailly is independent of the City of The Colony as defined by the generally accepted auditing standards and the U.S. Government Accountability Office’s Government Auditing Standards. The second general standard for auditing requires the audit organization and the auditors be free from personal and external impairments to independence. As defined by these standards, Eide Bailly is independent in fact and in appearance, and no relationships, either personal or professional, exist that would cause our firm to not be impartial in dealing with the City. Conflict of Interest Our firm is a member of both the Center for Public Company Audit Firms and the Private Companies Practice Section of the AICPA. These memberships require strict adherence to established technical and behavioral standards. The implementation of the elements of quality for our audit and accounting practice, in accordance with AICPA's Statements on Quality Control Standards, is adhered to by all Eide Bailly personnel and is described in the Eide Bailly Quality Control Document. 93 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 26 | eidebailly.com This internal document guides the system of quality control, which is a process to provide the firm with reasonable assurance that personnel comply with applicable professional standards, including independence, integrity and objectivity. Confidentiality of your information is of utmost importance to us. This includes the guidance of quality control as it pertains to confidentiality and the relevant care and use of client information and documents. As part of our quality control system, each professional is required to complete an independence questionnaire on an annual basis to determine any potential conflicts with any of our clients. Biannually each professional must attend a four-hour training session on independence standards. We also require that all professionals provide statements of their independence, or potential conflicts of interests, with clients. We’re pleased to report we’re not aware of a conflict of interest or other situations that would impair our independence with the City. Should Eide Bailly enter into any professional relationships deemed relevant during the course of this engagement, we’ll notify you in writing of such relationship. Licensed to Practice Eide Bailly and each of the professional staff assigned to the City are properly registered and licensed to practice in Texas. Firm Registrations: Texas Secretary of State Registration Number: 800551429 Texas State Board of Accountancy Permit Number: P04889 Local Office The service team for the City will be from Abilene, with additional assistance from other offices, as needed. The Abilene office of Eide Bailly is located within three hours from the City, allowing us to meet with you face to face and deal with issues in a timely manner. We’re familiar with the City and share a common commitment to the community. Our professionals are dedicated to contributing both time and resources to the area. Members of our office are also involved in local charities and community outreach boards. Local Office The professional services for the City will be from our Abilene office. Additional assistance may be provided from other offices, if needed. All service team members are full-time employees assigned to your engagement. Our proposed timeline allows us to assign a team with prior experience working with similar government industry clients for greater efficiencies. Upon award, together we’ll determine what your preferences are and what works best for you, ensuring our plan meets your needs and expectations. Peer Review Eide Bailly is a member of the AICPA, which requires a third-party peer review of our audit and accounting practice every three years. A copy of our firm’s most recent peer review is included in Appendix A of this proposal. The quality review included several government industry engagements and received a rating of 'Pass'. Dedicated Service, Unmatched Resources 400 Pine St., Ste. 600 Abilene, Texas 79601 69 ABILENE OFFICE STAFF Partners: 5 Managers: 17 Seniors/Staff: 47 94 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 27 | eidebailly.com WE UNDERSTAND GOVERNMENTS Industry Experience Our firm’s Government Industry Group has 275+ full-time professionals who share information, learn from others and stay up to date on industry developments. To gain the greatest benefit, the knowledge is shared with professionals across the firm. The government industry represents one of Eide Bailly’s largest niche areas — with more than 1,300 government clients firmwide. We provide audit services for a variety of cities, counties, colleges and universities, fire relief agencies, housing authorities, school districts, state agencies and tribal entities. Through serving these clients, our professionals have gained focused expertise in the government industry and will provide you with insightful advice. These services include, but are not limited to, evaluating internal control structure, assessing control risk and performing tests of controls, as well as testing compliance with applicable laws and regulations in accordance with Government Auditing Standards. Government Industry Involvement Eide Bailly prioritizes staying current with changes to the government industry. We help clients adapt to changes within the existing standards and implement any new standards. Our team members are engaged in the government industry and are well positioned in organizations associated with government entities. We are leaders in the Governmental Accounting Standards Advisory Council (GASAC), AICPA Governmental Audit Quality Center (GAQC), Private Companies Practice Section (PCPS) Technical Committee, local and national boards of the Association of Government Accountants (AGA), including the Financial Management Standards Board, and the review committee for the GFOA’s Certificate of Achievement for Excellence in Financial Reporting. Brian Stavenger, Partner, was recently appointed to the GFOA’s Committee on Economic Development and Capital Planning, and James Ramsey, Partner, serves on the GFOA’s Accounting, Auditing and Financial Reporting Standing Committee. Due to our leadership positions, you will have access to information not available from other accounting firms. 95 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 28 | eidebailly.com We regularly attend Governmental Accounting Standards Board (GASB) meetings throughout the year and communicate the results of those meetings to our clients through newsletters, e-blasts and webinars. We are also involved with GASB’s financial reporting reexamination task force shaping the future of state and local government accounting and reporting and participate in the reexamination of the revenue and expense model and note disclosure projects with GASB. Single Audit Experience Eide Bailly has experience providing single audits related to federal expenditures which ensure our clients remain compliant. Our single audits include an audit of both the financial statements and the federal awards. We also assist in the preparation of the Data Collection Form and prepare the reporting package for submission to the Federal Audit Clearinghouse. Eide Bailly has a three-year average of auditing more than $28.8 billion in federal expenditures, which provides us with extensive experience in single audits. Not only are we on the forefront of new regulations, but because of our vast experience with government entities, we are also familiar with a wide variety of federal programs. As the City looks to expand its current federal programs, we can pull from our expansive database of federal programs that we have audited and provide consultation on what has worked effectively for other entities. This will help the City establish strong controls and processes over new federal programs rather than trying to rework controls and processes after the programs are established. Our single audit experience includes the Department of Education, Department of Housing and Urban Development, Department of Agriculture, Department of Commerce, Department of Interior, Department of Transportation, Department of Justice, Department of Labor, Department of the Treasury, Department of Health and Human Services, Homeland Security, National Foundation on the Arts and the Humanities, Environmental Protection Agency, Department of Energy, Office of the National Drug Control Policy, Department of Defense and the Bureau of Land Management. Paired with our many years of experience, we are qualified to effectively work with your organization to ensure federal requirements are met. GFOA Certificate of Achievement for Excellence in Financial Reporting Several Eide Bailly partners are members of the GFOA’s Special Review Committee (SRC) for the Certificate of Achievement for Excellence in Financial Reporting. We review annual comprehensive financial reports (ACFR) each year supplied by the GFOA’s SRC and provide our staff with this valuable experience as well. We know how important achieving and maintaining the GFOA Certificate of Achievement for Excellence in Financial Reporting is, and we’ll work with you to achieve and maintain this certification. Specific ways we accomplish this for our clients include: •Reviewing the GFOA checklist as part of the audit process and ensuring all issues from the checklist have been addressed in the audit. •Framing our audit report to be GFOA compliant. Certificate of Achievement for Excellence in Financial Reporting G F O A We recognize the importance of achieving the GFOA Certificate of Achievement for Excellence in Financial Reporting and work with our clients to achieve this certification. Below is a partial listing of our government audit clients, similar to you, that have been awarded and maintain this certification. Town of Flower Mound, Texas City of Corinth, Texas City of Grand Prairie, Texas City of Snyder, Texas Fort Worth Employees’ Retirement Fund McKinney Independent School District Midland Independent School District Travis Central Appraisal District Bold indicates similar clients to the City. 96 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 29 | eidebailly.com •Reviewing any comments related to deficiencies and corrections received from the GFOA and help our clients make the necessary adjustments to fix the identified issues. We use various resources to assist our clients with their initial submission to the certificate program. We work closely with each entity to provide concise feedback in our review of the final statements. We also draw upon our extensive experience with similar government entities that submit their annual ACFRs. Thought Leadership A number of Eide Bailly partners are nationally recognized state and local government thought leaders who present at dozens of national venues throughout the year. These venues include: GFOA; National Association of State Auditors, Comptrollers and Treasurers; California Society of CPAs; California Society of Municipal Finance Officers; Oregon GFOA; California State Association of County Retirement Systems; California Association of Public Retirement Systems; AGA National Professional Development Conference; National Association of Housing and Redevelopment Officials (NAHRO); Iowa Society of CPAs; Idaho Society of CPAs; Utah Society of CPAs; and Colorado GFOA. We also provide training for state and local agencies, including the Controllers’ offices of the State of Tennessee, Texas State Auditor, State of Montana, Commonwealth of Massachusetts and the State of Nevada. Furthermore, Eric Berman, Partner, is the author for the entire Governmental Library for Commerce Clearinghouse Wolters Kluwer (CCH). This library serves as the interpretative reference on government Generally Accepted Accounting Principles (GAAP), government best practices and government audits for governments, auditors and educators nationwide. Eric will be an additional resource and is available to assist or consult as needed. Online Publications: We publish articles related to hot issues within the government accounting arena. Below is a list of some of the recent articles posted to our website and emailed to our clients: •Additional Transition Year for 1099-K Reporting Requirements •Public Safety Equipment Contracts and GASB-96 •Best Practices for Governmental Financial Management Policies GOVERNMENT UPDATES Our complimentary recorded webinars provide a comprehensive overview of the latest GASB updates and implementation strategies, issues affecting governments, best practices, and pitfalls to avoid. Recorded Webinars What is an Accounting Change vs. an Error? Implementing GASB -100 (Feb. 2024) 2023 Year-End Governmental Update (Dec. 2023) States and Local Governments Have Risks (Nov. 2023) Best Practices for Public Sector ERP Modernization Initiatives (Oct. 2023) How States and Local Governments Can Take Advantage of Energy Credits (Sept. 2023) June 30th is Coming: Are You Ready? (June 2023) GASB Public Retirement Plan Update (April 2023) GASB 87, 94 and 96 An Intro and Comparison (Feb. 2023) www.eidebailly.com/gasb2024 VISIT OUR WEBSITE TO SIGN UP FOR NEWSLETTERS, E-BLASTS AND WEBINARS: www.eidebailly.com 97 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 30 | eidebailly.com Implementation of New Standards In an industry where standards continually evolve and change, Eide Bailly makes it a priority to stay current and assist our clients with necessary changes. In addition to helping clients implement new standards, we also help them adapt to changes within the existing standards. Several of our professionals serve on committees that have direct input into writing new standards. This enables our involvement from the beginning and ability to influence the final outcome. Our clients benefit from our strong understanding of the standards and how they may affect their organization. We will work with the City to create a plan to address new standards one to two years prior to implementation. Below is a schedule of upcoming standards. Updated GASB Implementations Impact Years to the City Fiscal Year ending September 30 GASB Statement Number Title 2023 2024 2025 2026 91 Conduit Debt Obligations 94 Public-Private and Public-Public Partnerships and Availability Payment Arrangements 96 Subscription-Based Information Technology Arrangements 99 Omnibus 2022 100 Accounting Changes and Error Corrections 101 Compensated Absences 102 Risks and Uncertainties Disclosures Unknown Financial Reporting Model Improvements Unknown Classification of Nonfinancial Assets *Unclear at the time of submittal Legend Green – Low to Moderate potential impact on the City –Moderate potential impact on the City Purple – High potential impact on the City We understand that GASB implementations can be difficult and challenging. Therefore, we believe in taking a team approach and performing proactive planning to ensure that new GASB Standards are implemented timely and correctly. This may start years in advance of the planning and interim phase of the audit and sitting down with management and discussing the potential impacts of the GASB standard and the documentation and information needed to implement. 98 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 31 | eidebailly.com Responsible Team Member RESPONSIBLE TEAM MEMBER 99 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 32 | eidebailly.com Shelby Ebarb will serve as the Engagement/Audit Partner and will be responsible for the design and oversight of the City’s projects. Relationship of Staff Qualifications to Planned Work Assignments We make staff assignments based on the amount of experience and the risk associated with each audit section. The managers and seniors assigned have extensive experience in servicing similar clients. Each staff level will typically cover: •Staff and Seniors: Perform substantive analytics and tests of details as well as testing of internal controls. The more complex and higher risk areas are assigned to the senior. •Managers: Provide engagement direction and supervision, review work performed by the staff and seniors, constant communication with City personnel and coordinating open items. •Partner: Provide direction for the overall audit and ultimate responsibility for engagement performance. Partners will also maintain communication throughout the audit process with key personnel. Supervisory Review and Quality Control Procedures All of our documents have levels of review. The various levels are determined by our risk assessment during the planning stages of the audit. Typically, a review will include the following: •Seniors will review all work performed by staff. •Managers will review work performed by seniors as well as review key significant areas prepared by staff and reviewed by the senior. Some of these areas include accounts receivable, investments, capital assets, long-term debt and pension liabilities, other liabilities, net position classification and single audits. •Partners will review areas deemed high from a risk perspective, as well as the single audit. •Technical reviewers will review for proper and technical aspects, making sure everything is reported properly. As a firm, we require all single audits and reporting to be reviewed by another partner with specific government experience. Staff Continuity To help ensure a strong business relationship and to minimize disruptions, we keep staffing changes to a minimum. Compared to the national average, Eide Bailly experiences a higher retention rate, which translates to providing our clients with consistent service teams. We’ll strive for continuity of staff for your engagement. With this continuity comes quality as team members’ knowledge of your organization grows from year to year. 100 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 33 | eidebailly.com Reference Data Sheets REFERENCE DATA SHEETS 101 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 34 | eidebailly.com REFERENCE DATA SHEET PROVIDE AT LEAST FIVE (5) REFERENCES REPRODUCE SHEET AS NECESSARY PROPOSER: Provide client name, location, contact person, telephone number and appropriate information on contracted services that are like this solicitation document. Client: City of Corinth, Texas City: Corinth State: Texas Contact Person: Lee Ann Bunselmeyer Title: Director of Finance, Communication & Strategic Services Phone Number: 940.498.3241 Email Address: leeann.bunselmeyer@cityofcorinth.com Project Begin & End Date: 2015-current Project Budget: $65,000 Services Provided: (Be sure to describe your involvement in the project: principal firm, multi -firm collaboration, subconsultant, etc. Eide Bailly is the sole firm performing audit and single audit services and guidance on GASB implementation. 102 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 35 | eidebailly.com REFERENCE DATA SHEET PROVIDE AT LEAST FIVE (5) REFERENCES REPRODUCE SHEET AS NECESSARY PROPOSER: Provide client name, location, contact person, telephone number and appropriate information on contracted services that are like this solicitation document. Client: Town of Flower Mound, Texas City: Town of Flower Mound State: Texas Contact Person: Mary Huning Title: Director of Financial Services Phone Number: 972.874.6023 Email Address: mary.huning@flower-mound.com Project Begin & End Date: 2020-current Project Budget: $70,000 Services Provided: (Be sure to describe your involvement in the project: principal firm, multi -firm collaboration, subconsultant, etc. Eide Bailly is the sole firm performing audit and single audit services and assistance on accounting standards implementation. 103 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 36 | eidebailly.com REFERENCE DATA SHEET PROVIDE AT LEAST FIVE (5) REFERENCES REPRODUCE SHEET AS NECESSARY PROPOSER: Provide client name, location, contact person, telephone number and appropriate information on contracted services that are like this solicitation document. Client: City of Snyder, Texas City: Snyder State: Texas Contact Person: Jillian Hardy Title: Finance Director Phone Number: 325.573.9361 Email Address: jhardy@ci.snyder.tx.us Project Begin & End Date: 1991-current Project Budget: $75,000 Services Provided: (Be sure to describe your involvement in the project: principal firm, multi -firm collaboration, subconsultant, etc. Eide Bailly is the sole firm performing audit and single audit , agreed- upon procedures (AUP) and Development Corporation of Snyder audit services. 104 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 37 | eidebailly.com REFERENCE DATA SHEET PROVIDE AT LEAST FIVE (5) REFERENCES REPRODUCE SHEET AS NECESSARY PROPOSER: Provide client name, location, contact person, telephone number and appropriate information on contracted services that are like this solicitation document. Client: MHMR Tarrant City: Fort Worth State: Texas Contact Person: Aaron Bovos Title: Chief Financial Officer Phone Number: 817.569.4438 Email Address: aaron.bovos@mhmrtc.org Project Begin & End Date: 2022-current Project Budget: $130,000 Services Provided: (Be sure to describe your involvement in the project: principal firm, multi -firm collaboration, subconsultant, etc. Eide Bailly is the sole firm performing audit, single audit and business consulting services. 105 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 38 | eidebailly.com REFERENCE DATA SHEET PROVIDE AT LEAST FIVE (5) REFERENCES REPRODUCE SHEET AS NECESSARY PROPOSER: Provide client name, location, contact person, telephone number and appropriate information on contracted services that are like this solicitation document. Client: PermiaCare City: Midland State: Texas Contact Person: Christian Marmol Title: Chief Financial Officer Phone Number: 432.570.3300 Email Address: christianmarmol@permiacare.org Project Begin & End Date: 2017-current Project Budget: $50,000 Services Provided: (Be sure to describe your involvement in the project: principal firm, multi -firm collaboration, subconsultant, etc. Eide Bailly is the sole firm performing audit, single audit, assistance with accounting standards implementation, tax and business consulting services. 106 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 39 | eidebailly.com Litigation/Ethics LITIGATION/ETHICS 107 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 40 | eidebailly.com 108 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 41 | eidebailly.com Proof of Insurability PROOF OF INSURABILITY 109 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 42 | eidebailly.com Eide Bailly carries standard levels of insurance. Our insurance policies are renewed and reviewed on an annual basis. 110 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 43 | eidebailly.com 111 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 44 | eidebailly.com 112 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 45 | eidebailly.com Form CIQ FORM CIQ 113 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 46 | eidebailly.com 114 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 47 | eidebailly.com Cost Proposal COST PROPOSAL 115 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 48 | eidebailly.com ESTIMATED FEES Our fees are based on the complexity of the issue and the experience level of the staff members necessary to address it. If you request additional services, we’ll obtain your agreement on fees before commencing work to avoid surprises or hidden fees. We propose the following fees based on our understanding of the scope of work and the level of involvement of the City’s staff: Engagement Services and Fees Professional Services 2024 2025 2026 2027 2028 Financial Audit $55,500 $59,700 $64,200 $69,000 $74,000 Single Audit $7,500 $8,000 $8,600 $9,200 $10,000 Total Fees $63,000 $67,700 $72,800 $78,200 $84,000 Out-of-Pocket Fees The professional fees listed above are inclusive of all out-of-pocket expenses and you will not be billed for expenses such as travel time, mileage and meals. This includes a 5% technology fee that will be used to support and enhance the quality work we provide by investing in technology. Billing Policy Regarding Inquiries We know clients appreciate access to all their service team members. We embrace this opportunity for constant communication and will ensure our team members are available when you have questions and issues. This service is included in the scope of the engagement. If a particular issue surfaces that falls outside the scope of this engagement, we’ll bring it to your attention and obtain approval before proceeding. Future Year Pricing Guarantees Our fee increases are consistent with inflationary increases in the industry. They are contingent upon no major changes to the City, and that significant accounting and auditing rule changes and procedures remain consistent with current requirements. Fees do not include additional time that could be incurred due to changes to the scope of the engagement. The Best Value for Your Dollar Spent Eide Bailly understands we may not be the lowest cost provider; however, our fees encompass far more than just the requested services. With year-round communication, invitations to educational events, access to resources on any accounting and regulation changes and information on other topics of interest to your industry, our staff work hard at building a trusting relationship with the City. Our current clients value this all- encompassing approach over lower fees, with additional charges for involvement beyond the conclusion of an engagement. 116 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 49 | eidebailly.com The Right Choice for City of The Colony WE WANT TO WORK WITH YOU To us, work isn’t just work; we see it as a chance to help you solve problems, achieve goals and pursue passions. After thoughtfully reviewing your needs and taking the time to understand your business, we think we’re the best fit for this opportunity. We can connect you with the knowledge, resources and solutions that help bring confidence to your business decisions. If you have questions or would like additional information, don’t hesitate to contact us. We want to make sure you have everything you need to make your decision. Shelby Ebarb, CPA Partner 325.437.4146 sebarb@eidebailly.com We Want to Work with You We’re driven to help clients take on the now and the next with inspired ideas, solutions and results. We look forward to working with you. 117 REQUEST FOR QUALIFICATIONS FOR FINANCIAL AUDIT SERVICES 30-24-10 FOR THE CITY OF THE COLONY, TEXAS 50 | eidebailly.com Appendix A: Peer Review PEER REVIEW 118 119 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 EIDE BAILLY (“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 AUDIT 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 The term of this Agreement to obtain audit services for performance of the City's annual financial audit and single audit of state and federal grants for the three consecutive fiscal years ending September 30, 2024, 2025 and 2026, with an option to renew for two years based on satisfactory performance. In the event the City elects to renew for two (2) years, the City Manager or his/her designee shall send written notice to Professional by December 31, 2026. 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. 120 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 2 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Contract Documents, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the “Work Schedule”). 121 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 3 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”. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. 122 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 approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services as mutually agreed upon charges or rates and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in Exhibit A. 123 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 5 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional’s negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the Purchasing 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 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 124 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 6 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. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A.A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B.The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader . C.All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. 125 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, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, 126 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 8 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: Tina Stewart ATTN: CHERISE DE LOS SANTOS City Secretary 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: Eide Bailley 400 Pine Street Suite 600_ Abilene, TX 79601 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, 127 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 9 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 that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information.Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non- public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 128 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 Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. EXECUTED this _______ day of _____________________, 2024. City of The Colony, Texas By: City Manager Attest: City Secretary EXECUTED this _______ day of _____________________, 2024. Professional By: Name: ____________________________________ Title: ____________________________________ Attest: Secretary 129 Exhibit A Scope of Services 130 Exhibit B Work Schedule 131 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EIDE BAILLY, LLC FOR SERVICES AND PERFORMANCE OF THE CITY’S ANNUAL FINANCIAL AUDIT AND SINGLE AUDIT OF STATE AND FEDERAL GRANTS; AND PROVIDVIDING AN IMMEDIATE EFFECTIVE DATE NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF THE COLONY, TEXAS, THAT: Section 1.The City Council of the City of The Colony, Texas, has duly reviewed and considered the contract for a professional services agreement with Eide Bailly, LLC for services and performance of the City’s annual financial audit and single audit of state and federal grants. Section 2.The City Council of the City of The Colony, Texas, does hereby approve and authorizes the City Manager to execute the contract for a professional services agreement by and between the City of The Colony, Texas, and Eide Bailly, LLC. Section 3.This Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 18TH DAY OF JUNE 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 132 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance amending Chapter 8 of the Code of Ordinances, entitled “FINANCE AND TAXATION,” by amending Article I, by amending a new section 8-15, entitled “HOMESTEAD EXEMPTION” by establishing a homestead tax exemption for 2025. (Miller) Suggested Action: Attachments: Ord. 2024-xxxx Homestead Exemption - .docx 133 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024- _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, ENTITLED “FINANCE AND TAXATION,” BY AMENDING ARTICLE I, BY AMENDING SECTION SECTION 8-15, ENTITLED “HOMESTEAD EXEMPTION” BY AMENDING THE ESTABLISHED HOMESTEAD TAX EXEMPTION FOR 2025; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Constitution of the State of Texas was amended in 1981 by a vote of the people to allow cities the local option to grant homestead exemptions; and WHEREAS, Section 11.13(n) of the Texas Tax Code provides the authority for the City Council of the City of The Colony, Texas, to provide a homestead exemption; WHEREAS, the City Council passed and adopted a homestead exemption in the amount of one percent (1.0%) or $5,000.00, on June 6th, 2023; WHEREAS,the City Council has discussed and considered such revisions and has determined that it is in the best interest of the City to amend Chapter 8, Article I, by amending the section 8-15 entitled “Homestead exemption.” 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 Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, entitled “Finance and Taxation,” Article I, by amending the section 8-15, entitled “Homestead exemption” which shall read as follows: 134 Page 2 “Sec. 8-15.Homestead exemption. From and after the effective date of this Ordinance, a homestead exemption of _____ percent is granted to all qualified homeowners subject to the City’s property tax pursuant to the laws of the State of Texas regulating the assessment of ad valorem taxes. If this percentage produces an exemption of less than five thousand dollars ($5,000) when applied to a particular residence homestead, the individual shall be entitled to an exemption of five thousand dollars ($5,000) of the assessed value of the property.” SECTION 3.That the Chief Appraiser for the Denton County Appraisal District shall give appropriate notice to the general public advising it of the availability of the exemption. SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 18TH DAY OF JUNE, 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 135 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in the amount of $199,995.50 with Olsson, Inc. to prepare construction plans and specifications for the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard. (Hartline) Suggested Action: Summary of Request: City Council approved funding for the design of the the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard in the Fiscal Year 2023 / 2024 CIP budget. This project will include the required engineering design services necessary to complete the final phase ramp access for the South Colony Boulevard/ SH 121 bridge. This project will include the construction of the access ramp from the SH-121 frontage road and will connect the ramp to the bridge structure which will add the needed left turn connectivity to northbound South Colony Boulevard. This access ramp has the advantages of having less impact to the NTTA main lanes and frontage roads during construction, lessens the potential for crashes at the top of the diverging diamond intersection and will reduce the cost and time needed for the construction of the project. See the attached exhibit showing the new access ramp configuration from the frontage road to the bridge structure. As part of this Engineering Services Contract, Olsson will perform project management services, develop construction plans and specifications and perform both bidding and construction administration services. The total cost of the contract with Olsson, Inc. is $ 199,995.50. With approval, the project is anticipated to start construction in August 2025 with an estimated completion in September 2027. Attachments: 136 Location Map For North Ramp Connection Exhibit showing the new North Ramp Connection configuration Photo of Existing Bridge where North Ramp Connection will be constructed Engineering_Services_Contract_with_Olsson_Inc._for_DDI_Project.pdf Res. 2024-xxx Engineering Services Contract - Olsson Inc.doc 137 S H 1 2 1 Pa ig e Memorial Worley S a m R a y b u r n T o ll w a y S H 1 2 1 O n R a m p N e b r a s k a F u r n it u r e M a rt Alpha Bargain Haw se S o u t h C olo n yLiberty Foxfire E X I T P a i g e R d Durango E X I T S p ri n g C r e e k E X I T N F M / S o u t h C o l o n y Grandscape Pla n o Arbor Glen Goodman N ia g a r a M o r n i n g S t a r P ly m o u t h E X I T M a i n S t / J o s e y L n E X I T N F M / G r a n d s c a p e McKinley E X I T S o u t h C o l o n y M o r n i n g S t a r S H 1 2 1 O n R a m p Grandscape Memorial S H 1 2 1 N e b r a s k a F u r n it u r e M a rt Pa ig e S a m R a y b u r n T o ll w a y Pla n o µLocation MapNorth Ramp Co nnectio n from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard Nebraska Furniture Mart S o u t h C olo n y B lv d North Ramp Connection General Location Floor N Decor Fire Sta. 4 Home Depot S H 1 2 1 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH OLSSON, INC. TO PREPARE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE NORTH RAMP CONNECTION FROM NORTHBOUND SH 121 FRONTAGE ROAD TO THE DIVERGING DIAMOND INTERCHANGE AT NEBRASKA FURNITURE MART DRIVE AND SOUTH COLONY BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has determined that it is in the best interest of the City to enter into an Engineering Services Contract with Olsson, Inc. to prepare construction plans and specifications for the North Ramp Connection from northbound SH 121 Frontage Road to the Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard; and WHEREAS, with this contract, the City of The Colony is agreeing to the services in the amount of $199.995.50 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The contract is found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF JUNE 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 158 APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 159 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution nominating one representative and one alternate representative to the 2024 Regional Transportation Council (Council) Suggested Action: Attachments: Frisco Prosper Little Elm The Colony Celina Providence Village_2024.pdf Demographics for RTC_2022 pop_2020 emp est_45 Mbrs_FINAL.pdf Res. 2024-xxx RTC Appointment 2024.doc 160 161 162 163 APPENDIX A 2022 RTC Membership Structure City Maximum of Number of 2022 2020 Population Percent of Total Share of 27 RTC % of RTC Seat RTC Seats Current Population Employment and Employment Based on Maximum City Seats By Grouping by Formula RTC Seats City Membership Plano 290,850 309,830 309,830 4.47%1.208 1.208 1 1 McKinney 206,460 75,142 206,460 2.98%0.805 Anna 20,980 2,041 20,980 0.30%0.082 Princeton 21,760 1,184 21,760 0.31%0.085 Fairview 10,830 2,102 10,830 0.16%0.042 Melissa 18,030 1,264 18,030 0.26%0.070 1.084 1 1 Allen 104,870 48,745 104,870 1.51%0.409 Lucas 8,000 1,285 8,000 0.12%0.031 W ylie 60,460 12,579 60,460 0.87%0.236 Rowlett 65,030 11,730 65,030 0.94%0.254 Sachse 28,450 2,641 28,450 0.41%0.111 Murphy 21,200 3,269 21,200 0.31%0.083 Parker 5,730 414 5,730 0.08%0.022 Lavon 5,710 42 5,710 0.08%0.022 1.168 1 1 Frisco 217,470 103,440 217,470 3.14%0.848 Prosper 35,410 5,128 35,410 0.51%0.138 Little Elm 51,640 10,705 51,640 0.75%0.201 The Colony 45,900 14,923 45,900 0.66%0.179 Celina 25,240 2,623 25,240 0.36%0.098 Providence Village 8,260 639 8,260 0.12%0.032 1.497 1 1 Dallas 1,321,740 1,210,400 1,321,740 19.09%5.154 University Park 25,360 10,724 25,360 0.37%0.099 Highland Park 8,800 4,257 8,800 0.13%0.034 5.287 5 6 Includes seat for Love Field Garland 247,590 108,320 247,590 3.58%0.965 0.965 1 1 Addison 17,720 80,505 80,505 1.16%0.314 Richardson 122,570 170,520 170,520 2.46%0.665 0.979 1 1 Irving 261,350 309,100 309,100 4.46%1.205 Coppell 43,140 46,666 46,666 0.67%0.182 1.387 1 1 Mesquite 152,020 70,576 152,020 2.20%0.593 Balch Springs 27,740 6,919 27,740 0.40%0.108 Seagoville 19,580 3,793 19,580 0.28%0.076 Sunnyvale 8,540 4,768 8,540 0.12%0.033 0.811 1 1 Grand Prairie 199,780 88,592 199,780 2.89%0.779 0.779 1 1 Duncanville 40,700 16,236 40,700 0.59%0.159 DeSoto 57,380 20,743 57,380 0.83%0.224 Cedar Hill 50,280 15,260 50,280 0.73%0.196 Lancaster 41,560 15,443 41,560 0.60%0.162 Glenn Heights 18,090 550 18,090 0.26%0.071 Hutchins 5,700 4,742 5,700 0.08%0.022 W ilmer 6,690 462 6,690 0.10%0.026 0.859 1 1 Carrollton 135,110 114,810 135,110 1.95%0.527 Farmers Branch 38,140 87,335 87,335 1.26%0.341 0.867 1 1 Denton 146,750 106,740 146,750 2.12%0.572 Sanger 9,470 5,134 9,470 0.14%0.037 Corinth 22,800 7,052 22,800 0.33%0.089 Lake Dallas 7,790 2,811 7,790 0.11%0.030 Aubrey 7,580 913 7,580 0.11%0.030 Krum 5,790 827 5,790 0.08%0.023 Hickory Creek 5,440 1,301 5,440 0.08%0.021 Oak Point 5,000 558 5,000 0.07%0.019 0.821 1 1 Lewisville 132,620 94,311 132,620 1.92%0.517 Flower Mound 78,570 40,851 78,570 1.13%0.306 Highland Village 16,020 6,665 16,020 0.23%0.062 Northlake 8,790 3,120 8,790 0.13%0.034 Justin 5,820 3,657 5,820 0.08%0.023 0.943 1 1 Fort W orth 955,900 575,550 955,900 13.80%3.727 3.727 4 4 Arlington 399,560 225,160 399,560 5.77%1.558 1.558 2 2 N. Richland Hills 71,600 31,646 71,600 1.03%0.279 Richland Hills 8,630 5,848 8,630 0.12%0.034 Haltom City 46,260 21,351 46,260 0.67%0.180 W atauga 23,660 5,555 23,660 0.34%0.092 W hite Settlement 18,430 9,257 18,430 0.27%0.072 River Oaks 7,640 1,645 7,640 0.11%0.030 Lake W orth 4,710 6,125 6,125 0.09%0.024 Saginaw 24,450 7,556 24,450 0.35%0.095 Azle 13,610 4,825 13,610 0.20%0.053 Sansom Park 5,480 1,089 5,480 0.08%0.021 Keller 46,060 18,460 46,060 0.67%0.180 1.060 1 1 Grapevine 52,000 114,620 114,620 1.66%0.447 Southlake 31,770 36,439 36,439 0.53%0.142 Colleyville 26,370 10,289 26,370 0.38%0.103 W estlake 1,840 9,604 9,604 0.14%0.037 Trophy Club 14,400 2,526 14,400 0.21%0.056 Roanoke 9,830 5,774 9,830 0.14%0.038 Hurst 40,430 22,852 40,430 0.58%0.158 Euless 61,480 31,276 61,480 0.89%0.240 Bedford 49,930 34,770 49,930 0.72%0.195 1.416 1 1 Mansfield 77,040 30,508 77,040 1.11%0.300 Benbrook 25,240 6,243 25,240 0.36%0.098 Forest Hill 14,190 3,669 14,190 0.20%0.055 Crowley 18,600 4,821 18,600 0.27%0.073 Everman 6,170 1,703 6,170 0.09%0.024 Kennedale 8,530 2,374 8,530 0.12%0.033 0.584 1 1 Total 6,618,110 4,505,922 6,924,764 27 27.000 27 28 Allocation for City Seats 27 Population Per RTC Seat 256,473 October 5, 2022 164 APPENDIX A 2022 RTC Membership Structure (Continued) Number of RTC Current City Membership Seats by Formula RTC Seats 27 28 Number of Current County Membership RTC Seats RTC Seats 2022 Population Collin County 1,135,060 1 1 Dallas County 2,654,510 2 2 Denton County 950,660 1 1 Tarrant County 2,157,740 2 2 Ellis County 207,620 Ennis 21,860 W axahachie 44,280 Midlothian 37,580 Red Oak 15,640 Kaufman County 153,130 Forney 27,040 Kaufman 6,990 Terrell 17,590 Combined Ellis and Kaufman Population 360,750 1 1 Johnson County 193,500 Burleson 50,210 Cleburne 32,640 Keene 6,500 Joshua 8,370 Venus 5,760 Alvarado 5,330 Hood County 62,120 Granbury 11,440 Combined Johnson and Hood Population 255,620 1 1 Hunt County 104,900 Commerce 9,180 Greenville 30,450 Rockw all County 119,900 Rockwall 49,300 Heath 9,890 Royse City 18,810 Fate 22,890 Combined Hunt and Rockw all Population 224,800 1 1 Parker County 152,930 W eatherford 31,690 Mineral W ells 15,090 W illow Park 5,210 Aledo 5,010 Wise County 69,740 Decatur 6,910 Bridgeport 5,930 Combined Parker and Wise Population 222,670 1 1 Total County Membership 10 10 DART 1 1 DCTA 1 1 FW TA 1 1 DFW Airport 1 1 TxDOT Dallas 1 1 TxDOT Fort W orth 1 1 NTTA 1 1 Total Transportation Providers 7 7 Total RTC Members 44 45 Total MPA Population 7,961,810 Data Based on NCTCOG Annual Population Estimates and Estimated 2020 Employment 2022 Population by County Grouped By RTC Seats October 5, 2022 165 CITY OF THE COLONY RESOLUTION NO. 2024 – _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,NOMINATING ONE REPRESENTATIVE AND ONE ALTERNATE REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL WHEREAS,the Regional Transportation Council (RTC) Bylaws and Operating Procedures state that “The person representing a group of several cities shall be selected by the mayors/county judges using a weighted vote of the maximum population or employment of the cities represented”; and, WHEREAS, the cities of Frisco, The Colony, Prosper, Celina, Little Elm, and Providence Village share a seat on the Regional Transportation Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1.The City of The Colony City Council hereby supports the nominee for John Keating as Representative to the Regional Transportation Council. SECTION 2. The City of The Colony City Council hereby supports the nominee for Perry Schrag as Alternate Representative to the Regional Transportation Council. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THIS THE 18TH DAY OF JUNE 2024. APPROVED: ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary 166 APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 167 Agenda Item No:5.6 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area 9-1-1 District Board of Managers for a two-year term beginning October 1, 2024. (Council) Suggested Action: Attachments: Denco Area 9-1-1 District Board of Managers Voting Packet (002).pdf Res. 2024-xxx Denco 911 District Board of Directors 2024.doc 168 169 170 171 172 173 174 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 EMERGENCY COMMUNICATION DISTRICT AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS,Section 772, Health and Safety Code, provides that twovoting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the City of The Colony hereby nominates ________________________ as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. SECTION 2.That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18TH DAY OF JUNE 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 175 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 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: 176 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: June 18, 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: 177