HomeMy WebLinkAboutJuly 20, 2010 Regular Session Agenda PacketTrophy Club Municipal Utility District No. 1
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMTuesday, July 20, 2010
Call to order and announce a quorum.
Citizen Presentation
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
REGULAR SESSION
Reports & Updates
1.2010-47-M1 Receive District Manager's Report
a. Monthly Update - Water pumped vs. billed
b. Monthly Revenue for Wastewater Treatment Plant
c. Monthly Update - PID Development/Homes
d. Update - High Speed Pump
e. Update - Pump out of Lift Station No. 3
f. Update - new bid for Trinity Well
g. Update - Meeting with Stw regarding online billing for Utility Billing
h. Update - WWTP - CBOD's (Rodney Greenwood)
WaterPumpedVsBilled-June2010.pdf
PID Connection Summary-June 2010.pdf
Quote-Repair LS 3.pdf
Trophy Club Well #2 Proposal 6-28-10.pdf
Attachments:
2.Receive Finance Director's Report
a. To provide Board with a monthly update and address the Board's questions.
3.Receive Fire Update from Fire Chief Thomas
a. To provide Board with a monthly update and address the Board's questions.
b. Update on construction of new Fire Station
June Fire Report.pdfAttachments:
4.Receive Town Council Update
a. Councilmember Rose to provide the Board with an update of Council
meetings, notices and relevant business.
TCMUD No. 1 1 of 261 20 JULY 2010
July 20, 2010Trophy Club Municipal Utility
District No. 1
Meeting Agenda
Action Items:
5.2010-104-M1 Discuss and take appropriate action concerning lease/purchase of a
GapVax Truck to replace current VacCon Truck. (Scott)
GapVax.pdf
Gap Vax Quote-New.pdf
HGAC Gap Vax Quote-Demo.pdf
Gap Vax-Demo.pdf
Attachments:
6.2010-100-M1 Review and Approve Disbursements & Variance Report
a. June 2010
June 2010 Monthly Financial Statements.pdfAttachments:
7.2010-93-M1 Discuss and take appropriate action regarding Resolution 2010-0720,
Budget Amendment No. 1, an increase of $23,734 for Computer Aided
Dispatch (CAD) for the Fire/EMS. (DuBose)
M1-R-2010-0720-BudgetAmndmnt1.pdfAttachments:
8.2010-101-M1 Discuss and take appropriate action regarding Resolution 2010-0720,
Budget Amendment No. 2, $240,000 for the purchase of a High Speed
Pump for Trinity Well No. 2. (DuBose)
M1-R-2010-0720-BudgetAmndmnt2.pdfAttachments:
9.2010-105-M1 Discuss and take appropriate action concerning Agreement with Weaver
for Audit Services for Fiscal Year 2009-2010.
Weaver-MUD1 Engagement Letter.pdfAttachments:
10.2010-91-M1 Discuss and take appropriate action regarding RFP for Professional
Auditing Services. (Staff)
Audit RFP 2010.pdfAttachments:
11.2010-92-M1 Discuss and take appropriate action regarding RFP for Utility Billing
Services (Dataprose). (Moore)
RFP 2010-0720-UB Services.pdfAttachments:
12.2010-96-M1 Discuss and take appropriate action to approve the private sale of the
Fire Department's 1999 Ford Brush Truck. (Chief Thomas)
BillOfSale-BrushTruck.pdfAttachments:
13.2010-37-M1 Receive report from Staff and/or Attorney(s) regarding update of MUD 1
Fire Plan; and possible action regarding same.
TCMUD No. 1 2 of 261 20 JULY 2010
July 20, 2010Trophy Club Municipal Utility
District No. 1
Meeting Agenda
14.2010-90-M1 Discuss and take appropriate action regarding Fort Worth Water
Contract.
Ft Worth Water-Agreement Letter.pdf
FW-Agreement for Water Service-062810.pdf
Attachments:
15.2020-102-M1 Discuss and take appropriate action concerning Interlocal Agreement for
Employee and Contractual Services.
Combined Employee Services -6th Draft.pdfAttachments:
16.2010-97-M1 Discuss and take appropriate action concerning development of
half-page ad for Town's 25th Anniversary tab insert in The Times
Register.
17.2010-98-M1 Discuss and take appropriate action concerning developing a "tag line"
for TCMUD 1 for tab insert for Town's 25th Anniversary Celebration.
MUD #1 Logo.pdf
Re MUD #1 Logo.pdf
Attachments:
18.2010-106-M1 Discuss and take appropriate action concerning H.R. 413, the Public
Safety Employer-Employee Cooperation Act of 2009. (Thomas)
Fwd Mandatory Collective Bargaining Passes U.S. House of Rep..pdf
MUD-LettertoJohnCornyn-HR413.pdf
MUD-LettertoKayBaileyHutchison-HR413 (2).pdf
Attachments:
19.2010-94-M1 Review and Approve Minutes:
a. June 15, 2010
Minutes-061510-M1.pdfAttachments:
Review & Discuss
20.2010-103-M1 Review and discuss TCMUD No. 1's preliminary draft budget for FY
2010-2011.
Quote for Radix for Trimble.pdf
M1 Prelim Budget-FY10-11 v1.pdf
Attachments:
21.2010-99-M1 Review Monthly Tax Collection Report
a. June 2010
TaxCollectionReports-June 2010.pdfAttachments:
TCMUD No. 1 3 of 261 20 JULY 2010
July 20, 2010Trophy Club Municipal Utility
District No. 1
Meeting Agenda
22.Set Next Meeting Date:
a. Tuesday, August 17, 2010 at 7:00 p.m. - Regular Session
b. Joint Quarterly Meetings:
i. Wednesday, August 11 at 7:00 pm
ii. Thursday, November 11 at 7:00 pm
iii. Wednesday, February 9, 2011 at 7:00 pm
Calendar - August 2010.pdfAttachments:
23.Items for Future Agendas
a. MUD 1's water contract with City of Fort Worth
b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank
c. Water Study
d. Disaster Planning
e. Creation of TCMUD1 website (09-115-M1)
f. Upper Trinity Ground Water Association (Sanders)
Adjourn
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
* THE BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED SESSION AT
ANY TIME DURING THE MEETING FOR THE PURPOSE OF SEEKING THE ADVICE OF
ITS ATTORNEY ABOUT ANY ITEM ON THE AGENDA OR THAT ARISES AT THE
MEETING, PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE.
TCMUD No. 1 4 of 261 20 JULY 2010
July 20, 2010Trophy Club Municipal Utility
District No. 1
Meeting Agenda
CERTIFICATION)
THE STATE OF TEXAS)
COUNTY OF DENTON)
COUNTY OF TARRANT)
THIS CERTIFIES THAT ON JULY 16, 2010 AT OR BEFORE 5:00 P.M., A COPY OF THE
ABOVE NOTICE OF A MEETING OF THE TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1 TO BE HELD ON TUESDAY, JULY 20, 2010, WAS POSTED ON THE
FRONT WINDOW OF THE TROPHY CLUB M.U.D. ADMINISTRATION BUILDING, 100
MUNICIPAL DRIVE, TROPHY CLUB, TEXAS, WHICH IS A PLACE CONVENIENT TO
THE PUBLIC WITHIN THE BOUNDARIES OF THE DISTRICT, AND A COPY WAS ALSO
PROVIDED TO THE COUNTY CLERKS OF DENTON AND TARRANT COUNTIES, TO BE
POSTED ON THEIR WEBSITE AND/OR A BULLETIN BOARD AT A PLACE
CONVENIENT TO THE PUBLIC IN SUCH COUNTY COURT HOUSES, PURSUANT TO
SECTION 49.063 OF THE WATER CODE AND SECTION 551.054 OF THE OPEN
MEETINGS ACT, CHAPTER 551 TEXAS GOVERNMENT CODE.
_____________________________
Mary Moore,
MUD Secretary
THIS FACILITY IS WHEELCHAIR ACCESSIBLE AND ACCESSIBLE PARKING SPACES
ARE AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETATIVE
SERVICES MUST BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT
MARY MOORE AT (682) 831-4685 OR FAX YOUR REQUEST TO (817) 490-0705.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2010.
________________________________, Title: ___________________________
TCMUD No. 1 5 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-47-M1 Name:
Status:Type:Agenda Item Draft
File created:In control:3/15/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Receive District Manager's Report
a. Monthly Update - Water pumped vs. billed
b. Monthly Revenue for Wastewater Treatment Plant
c. Monthly Update - PID Development/Homes
d. Update - High Speed Pump
e. Update - Pump out of Lift Station No. 3
f. Update - new bid for Trinity Well
g. Update - Meeting with Stw regarding online billing for Utility Billing
h. Update - WWTP - CBOD's (Rodney Greenwood)
Attachments:WaterPumpedVsBilled-June2010.pdf
PID Connection Summary-June 2010.pdf
Quote-Repair LS 3.pdf
Trophy Club Well #2 Proposal 6-28-10.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 6 of 261 20 JULY 2010
File #: 2010-47-M1, Version: 1
Title
Receive District Manager's Report
a. Monthly Update - Water pumped vs. billed
b. Monthly Revenue for Wastewater Treatment Plant
c. Monthly Update - PID Development/Homes
d. Update - High Speed Pump
e. Update - Pump out of Lift Station No. 3
f. Update - new bid for Trinity Well
g. Update - Meeting with Stw regarding online billing for Utility Billing
h. Update - WWTP - CBOD's (Rodney Greenwood)
TCMUD No. 1 7 of 261 20 JULY 2010
October November December January February March April May June July August Septembe Total for year
2006 74,441 56,296 41,272 54,171 37,626 35,714 55,429 60,800 88,899 113,904 122,820 81,806 823,178
2007 73,757 44,297 35,905 31,695 25,671 40,516 43,121 31,204 42,191 43,717 72,462 76,138 560,674
2008 63,250 47,082 33,371 37,194 31,472 30,766 40,313 48,829 78,091 91,664 115,042 75,494 692,568
2009 63,730 48,170 35,215 35,759 32,240 39,331 46,151 37,382 56,370 125,089 91,724 79,137 690,298
2010 39,794 39,713 29,547 30,305 25,328 23,279 41,646 53,439 102,921
Totals 314,972 235,558 175,310 189,124 152,337 169,606 226,660 231,654 368,472 374,374 402,048 312,575 3,152,690
Oct.Nov.Dec.Jan Feb.March April May June July August Sept.Total for year
2006 74,585 55,405 42,852 52,100 33,247 39,250 64,455 73,048 93,187 118,353 127,450 76,301 850,233
2007 72,460 49,249 34,203 28,257 31,492 43,900 41,770 37,340 41,215 43,136 75,480 72,087 570,589
2008 64,370 50,090 35,320 36,610 34,630 34,750 42,900 63,116 78,399 114,256 98,670 72,551 725,662
2009 65,110 48,570 36,411 36,587 36,385 44,120 48,881 38,250 66,450 116,823 94,525 81,500 713,612
2010 40,803 41,600 32,700 31,400 30,145 27,240 43,400 62,646 113,049
Totals 317,328 244,914 181,486 184,954 165,899 189,260 241,406 274,400 392,300 392,568 396,125 302,439 3,283,079
Water Billed
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJune July AugustSeptemberMonthsGallons 2006
2007
2008
2009
2010
Water Pumped
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
123456789101112
MonthsGallons 2006
2007
2008
2009
2010
TCMUD No. 1 8 of 261 20 JULY 2010
PID CONNECTION FEE SUMMARY(June 10)DEPOSIT DATE QTY (5/8") $ 2,300 QTY (1") $ 2,300 QTY (1.5") $ 7,590 QTY (2") $ 15,410 TOTAL QTY TOTAL AMOUNT TEXPOOL TRANSFERQTYCUMRUNNING BALANCE($3.26M)1-$ 2 4,600$ -$ -$ 2 4,600 378 2,659,700 2-$ - -$ -$ -$ - - 378 2,659,700 3-$ - -$ -$ -$ - - 378 2,659,700 4-$ - -$ -$ -$ - - 378 2,659,700 5-$ - -$ -$ -$ - - 378 2,659,700 6-$ - -$ -$ -$ - - 378 2,659,700 7- -$ 1 2,300$ -$ -$ 1 2,300 379 2,657,400 8-$ 1 2,300$ -$ -$ 1 2,300 380 2,655,100 9-$ - -$ -$ -$ - - 380 2,655,100 10-$ - -$ -$ -$ - - 380 2,655,100 11-$ 4 9,200$ -$ -$ 4 9,200 384 2,645,900 12-$ - -$ -$ -$ - - 384 2,645,900 13-$ - -$ -$ -$ - - 384 2,645,900 14-$ 2 4,600$ -$ -$ 2 4,600 386 2,641,300 15-$ - -$ -$ -$ - - 386 2,641,300 16-$ - -$ -$ -$ - - 386 2,641,300 17-$ - -$ -$ -$ - - 386 2,641,300 18-$ 1 2,300$ -$ -$ 1 2,300 387 2,639,000 19-$ - -$ -$ -$ - - 387 2,639,000 20-$ - -$ -$ -$ - - 387 2,639,000 21-$ 2 4,600$ -$ -$ 2 4,600 389 2,634,400 22-$ - -$ -$ -$ - - 389 2,634,400 23-$ 1 2,300$ -$ -$ 1 2,300 390 2,632,100 24-$ 2 4,600$ -$ -$ 2 4,600 392 2,627,500 25-$ - -$ -$ -$ - - 392 2,627,500 26-$ - -$ -$ -$ - - 392 2,627,500 27-$ - -$ -$ -$ - - 392 2,627,500 28-$ - -$ -$ -$ - - 392 2,627,500 29-$ - -$ -$ -$ - - 392 2,627,500 30-$ 1 2,300$ -$ -$ 1 2,300 393 2,625,200 31-$ - -$ -$ -$ - - 393 2,625,200 TOTAL - -$ 17 39,100$ - -$ - -$ 17 39,100 - Upon collection of one or more Utility Fees by Town, such Utility Fees shall, within ten (10) working days, be deposited by Town into an account designatedby MUDs (hereinafter "MUDs Account"). Town shall continue to collect and to deposit such Utility Fees into MUDs Account in accordance with the existingagreement between the MUDs until such time as the total amount paid into that account equals $3,260,000. Town shall collect and deposit a minimum of onehundred fifty (150) Utility Fees each year, for a total of five (5) successive years commencing on May 7, 2008 (hereinafter "Collection Period"). In the eventthat more than 150 Utility Fees are collected by Town in anyone or more years of the Collection Period, such Utility Fees in excess of the 150 Utility Feesrequired under this Section shall be carried over to the following year or years and shall be a credit toward the total Utility Fees due for such subsequent yearor years. In the event that fewer than 150 Utility Fees are collected by Town during anyone or more year(s) of the Collection Period, including those Utility Fees carriedover from any given year in which more than 150 Utility Fees were collected by Town, Town shall within ten (10) working days of collection of such UtilityFees from Developer, pay into MUDs Account the difference between the amount that would have been paid had 150 Access Fees been paid at $2,300 eachand the amount of Utility Fees actually collected by Town. On or about May 7, 2013, Town shall calculate the total amount of Utility Fees paid to MUDs. Townshall provide MUDs written notice of any amount paid less than $3,260,000 (the "Utility Fee Remainder").TCMUD No. 19 of 26120 JULY 2010
TCMUD No. 1 10 of 261 20 JULY 2010
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TCMUD No. 1 20 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-104-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/15/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action concerning lease/purchase of a GapVax Truck to replace current
VacCon Truck. (Scott)
Attachments:GapVax.pdf
Gap Vax Quote-New.pdf
HGAC Gap Vax Quote-Demo.pdf
Gap Vax-Demo.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 21 of 261 20 JULY 2010
File #: 2010-104-M1, Version: 1
Title
Discuss and take appropriate action concerning lease/purchase of a GapVax Truck to replace current
VacCon Truck. (Scott)
Body
The lease/purchase on the current VacCon Truck is up next month (August 2010). District Manager Scott seeks Board's
approval to replace the current VacCon Truck with either a "new" GapVax Truck or a "demo" GapVax Truck, which would
be at a substantial savings over the "new" truck. See attachments for additional details.
TCMUD No. 1 22 of 261 20 JULY 2010
TCMUD No. 1 23 of 261 20 JULY 2010
TCMUD No. 1 24 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
July 15, 2010
Trophy Club MUD
100 Municipal Dr.
ATTN: Robert Scott
RE: Gap-Vax Budget quote
Robert,
Following is the budget quote for the Gap-Vax MC1007 unit. I have listed the
standard features in red, separated from the options so you can choose what you
may or may not want. Many other options are available. Please call with any
questions.
Gap-Vax MC 1007/1000 gallon water tank with 7 cubic yard usable debris tank to
include:
Debris body standard features:
3/16" ASTM A-572 Grade 50 Exten High Strength Steel Debris Tank
¼” Thick Steel full length longsills
12" Stainless Steel Float Ball Shut off in debris tank
Top loading material backed debris deflection body inlet cannon with 8"
cleanout on top
Basket to hold 25' fire hose without need to disconnect always curbside
front
Full opening rear tailgate with stainless steel "sure seal" rod and solid core
gasket
Four (4) Hydraulic rear door locks
Dual (2) tailgate lift cylinders - open/close
Front mounted hoist cylinder, 55,000# capacity, power up and down
Debris body options:
Debris Body Flush Out System
Pump off system 3” 450 GPM
TCMUD No. 1 25 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Drain Valve - Rear Door - 6" Knife (w/ 15' of lay flat) - for a disconnectable
hose with basket
Level Indicator - Float Type / External Pointer
Filter Screens - Interior for Pump Off and Drain Valve (flange, elbow and
screen)
Purge Valve at Gravity Drain Valve (1-1/4" Ball Valve)
Ladder to Inspection Port Curbside up to cannon area
Water tank standard features:
Water Tank 3/16 " ASTM A-240 type 304L Stainless Steel
4" high anti-siphon ring with (4) 2-1/2" holes
Water tank level sight tube on curb side - clear plastic hose
2" Drain Valve at bottom of water tank
2" Fill line with 2-1/2" fire hose connection – curbside
3" Supply line to water pump to be mounted at rear of tank as low as point
possible
Vacuum system standard features:
True 8" diameter vacuum system
Three (3) Vacuum Relief Valves set to crack at 16" HG
Stoddard sound silencer w/ rain cap and bottom drain
Cyclone Separator with 20" chamber
Vacuum pump driven via Transfer Case rated 500 HP
Roots Type Vacuum Pump 3,500 CFM and 16" Hg
Noise and vibration dampening mounts on transfer case and vacuum pump
Stainless Steel Vee-Wire Filter Screen at Blower Inlet
Vacuum Relief Valve, 6" Air Operated
TCMUD No. 1 26 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Water pump system standard features:
50 GPM / 3,000 PSI Water Pump
Water pump drive: direct from PTO via drive shaft
3" Water Strainer w/ stainless steel screen between water tank and pump -
below rear hinge pin
Adjustable low pressure water spray gun w/50' x 1/2" hose and quick
connects, mounted rear of cab on curb side, 2000 PSI MAX
Low point drain valves - water lines
Multi-Flow - Shaft Drive Water Pumps
Water pump system options:
Valve before 3" Strainer
50' x 1/2" Hand Gun Reel, Retractable w/ 50' x 1/2" Hose
Air Purge System
Boom system standard features:
8" Front mounted telescoping tube-in-tube boom - inside is true 8"
Nine (9) foot telescoping extension - 26' reach from center of truck
180 degree power rotation via direct hydraulic gear (worm) drive = (80
degree driver side, 100 degree curb side)
Dual 4" lift cylinders
Cab protection rack
Upgraded 9" Boom articulation boom hose
Boom system options:
Remote Lube for Boom Lift and Rotation
TCMUD No. 1 27 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Hose reel standard features:
Front frame mounted hose reel with 180 degrees articulation, hose reel
spool driven via hydraulically powered gear box (no chains or
sprockets)
Hose reel spool capacity of 800 feet of 1" hose (1200’ of ¾” hose)
1-1/2" Heavy duty spool swivel for water, rated to 4000 PSI working
pressure
Telescoping Level Wind
Hose reel options:
Footage Counter
Standard gauges and controls:
Cab Mounted Air Shift Control Panel for Blower, Water Pump, and
Hydraulics
Operator control panel to include: sewer hose level wind, reel speed and
direction, articulation control (band brake release), blower tachometer,
water pump tachometer, water pressure gauge, hydraulic pressure gauge,
vacuum gauge, electric engine throttle
3 Function remote pendant with 30 Feet of Cable - up/down, in/out, left/right
for the boom
Emergency stop de-energize water flow valve and break vacuum
If automatic transmission - interlock for throttle control
Lighting options:
Strobe Beacon Light - Front - Whelen 2519
Strobe Beacon Light - Rear - Whelen 2519
Rear Arrow Light - Halogen - 44" Wide Low Profile – Whelen
TCMUD No. 1 28 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Boom Work Light - Standard (Truck-Lite 80360)
Hand Spot Light w/25' Cord
Extra Spot Light Plug In
Truck-Lite LED. Stop, Turn, and Tail Lights (cab not included)
Truck-Lite LED. Running (Marker) Lights (cab not included)
Storage and toolbox standard features:
Tool Box - Steel , 36" Wide x 18" Tall x 24" Deep
Two (2) Galvanized Steel Tube Trays mounted over SINGLE axles / tires - 7-
1/2 ft long
Toolbox options:
Tool Box - Steel, 36" Wide x 18" Tall x 24" Deep
Tube Rack- Rear Door - Two Tube Rack – Folding
Traffic Cone Holder
Standard body features:
6” Chassis Sub-frame
DOT Lighting / Fenders / Mud flaps / Body and Tailgate Safety Props, ICC
Lights
70 Gallons AW-46 Hydraulic Oil, Level/Temperature Gauge, Shutoff on
Suction
Rear DOT Bumper
Triangle Kit
Fire Extinguisher 5 Lb.
Front Bumper
Back Up Alarm – Standard
Paint body and boom – Emerald Green
Paint frame, blower, silencer, boom base – Black
TCMUD No. 1 29 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Standard Miscellaneous equipment:
25 Feet of Vacuum Tubing to include:
3 each of 8" x 5'
1 each of 8" x 5' with fluidizer holes
1 each of 8"X5' w/bolt on steel crown
Six 8" tube clamps
Two 50 GPM Sewer Cleaning Nozzles: (1) 30 degree and (1) 15 degree
Tiger Tail Hose Guide
Operations and Maintenance Manual
Miscellaneous options:
6" Lay Flat Hose –additional 20’
25’ x 2 ½” fill hose with ends
¾” X 1000’ of 3000 PSI sewer hose w/ 10’ of leader hose
Budget Price for Gap-Vax unit with listed options: $180,500.00
Budget Price for 2011 International 7500 4X2 chassis: $89,500.00
Price includes all HGAC fees and delivery and training.
Trade in value for 2005 Vac-Con: $85,000.00
Please call with any questions.
Thank you,
Paul M. Baumy
281-850-1721
TCMUD No. 1 30 of 261 20 JULY 2010
Contract
No.:SC01-10 Date
Prepared:7/14/2010
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Product
Code:B002 Description:
$173,243.00
Cost Cost
$475.00 $400.00
$4,675.00 $3,050.00
$375.00 $500.00
$500.00 $975.00
$650.00 $650.00
$325.00 $615.00
$1,650.00 Cone Holder $155.00
$8,600.00 Tow Hooks - Front & Rear $560.00
$390.00
$2,200.00
1600 Subtotal B: 28345
Cost Cost
$1,100.00
$500.00
Subtotal C: 1600
1%
D. Total Cost before any other applicable Charges, Trade-Ins, Allowances, Discounts, Etc. (A+B+C)
1 203188 = Subtotal D: 203188
Cost Cost
-13,588.00
Subtotal E: -13588
189600
Level Indicator Low Water Light
F. Total Purchase Price (D+E): Delivery Date: 30 Days After PO
Subtotal From Additional Sheet(s):
Quantity Ordered:
B. Published Options - Itemize below - Attach additional sheet if necessary - Include Option Code in description if applicable
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
Pump Off System - 450 GPM
Description
Upgrade Blower to 4500 CFM-16" HG
Filter Screen-Interior for Pump Off & Drain Rear Arrow Stick light
Cam-Loc Fittings for Drain Hose Front Beacon Light
Ladder to Inspection Port
Description
CONTRACT PRICING WORKSHEET
For Standard Equipment Purchases
Gap Vax MC1005, 1000 Gallon, 7 Yard Debris Tank, Single Engine, 50 GPM
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
817-491-9312 281-598-5007
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
paul@texasundergroundinc.com
Customer Discount
X Subtotal of A + B + C:
E. Other Charges, Trade-Ins, Allowances, Discounts, Etc.
Description Description
Paul Baumy
Splash Shield - Rear Door 2 Boom Work Lights
Valve before 3" Strainer
Description Description
Subtotal From Additional Sheet(s):
Folding Rear Door Tube Rack
Trophy Club MUD 1
Robert Scott
682-831-4610
rscott@ci.trophyclub.tx.us
Texas Underground, Inc
281-850-1721
Wireless Remote Control
Extra Tool Box
C. Unpublished Options - Itemize below - Attach additional sheet if necessary
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Purge Valve at Gravity Drain
Remote Lube for Boom Lift & Rotation
50' Retractable Hand Gun Reel w/50' 1/2" Hose
Air Purge System
For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
TCMUD No 1 31 of 261 20 JULY 2010
Contract
No.:HT11-09 Date
Prepared:7/14/2010
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Product
Code:F11 Description:
53783
Cost Cost
1158
2312
293
515
282
4496
8343
653
2796
Subtotal B: 20848
Cost Cost
124
Subtotal C: 124
0%
1 74755 =Subtotal D: 74755
Subtotal E: 600
Cost Cost
Subtotal F: 0
75355
3ACS 20k Front Suspension
7BDS Vertical Exhaust System
4EBT Air Dryer
13AMB Allison Automatic Transmission
Customer Required Unpublished Options for GapVax
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
14AHH 30k Rear Axle
E. H-GAC Order Processing Charge (Amount Per Current Policy)
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C)
Description
For this transaction the percentage is:
13WAW Transmission Oil Cooler
Description Description
682-831-4610
Description
1GBP Frame Reinforcement
12NSJ 310 hp MaxxForce 9 Diesel Engine
2AEW 20k Front Axle
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
rdenolf@santextrucks.com
Quantity Ordered:
Subtotal From Additional Sheet(s):
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
2009 International 7400 4x2 (Demo Unit)
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
817-491-9312 210 661-0226
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Trophy Club Municipal Utility District #1
Robert Scott
X Subtotal of A + B + C:
rscott@ci.trophyclub.tx.us
Santex Truck Center
Rick DeNolf
800 373-8370
G. Total Purchase Price (D+E+F): Delivery Date:
Sewer Vac Application Subtotal From Additional Sheet(s):
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
Description Description
F. Trade-Ins / Other Allowances / Special Discounts / Freight / Installation
TCMUD No. 1 32 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
July 15, 2010
Trophy Club MUD 1
100 Municipal Dr.
ATTN: Robert Scott
RE: Gap-Vax Budget quote
Robert,
Following is the budget quote for the demo Gap-Vax MC1007 unit. I have listed
the standard features in red, separated from the options in black. I also listed the
extra options the demo truck has in blue. The truck has 3800 miles (4000 by the
time I drive it up here) and 143 total hours. Please call with any questions.
Gap-Vax MC 1007/1000 gallon water tank with 7 cubic yard usable debris tank to
include:
Debris body standard features:
3/16" ASTM A-572 Grade 50 Exten High Strength Steel Debris Tank
¼” Thick Steel full length longsills
12" Stainless Steel Float Ball Shut off in debris tank
Top loading material backed debris deflection body inlet cannon with 8"
cleanout on top
Basket to hold 25' fire hose without need to disconnect always curbside
front
Full opening rear tailgate with stainless steel "sure seal" rod and solid core
gasket
Four (4) Hydraulic rear door locks
Dual (2) tailgate lift cylinders - open/close
Front mounted hoist cylinder, 55,000# capacity, power up and down
TCMUD No. 1 33 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Debris body options:
Debris Body Flush Out System
Pump off system 3” 450 GPM
Drain Valve - Rear Door - 6" Knife (w/ 15' of lay flat) - for a disconnectable
hose with basket
Level Indicator - Float Type / External Pointer
Filter Screens - Interior for Pump Off and Drain Valve (flange, elbow and
screen)
Purge Valve at Gravity Drain Valve (1-1/4" Ball Valve)
Ladder to Inspection Port Curbside up to cannon area
Splash Shield rear door ($650.00)
Water tank standard features:
Water Tank 3/16 " ASTM A-240 type 304L Stainless Steel
4" high anti-siphon ring with (4) 2-1/2" holes
Water tank level sight tube on curb side - clear plastic hose
2" Drain Valve at bottom of water tank
2" Fill line with 2-1/2" fire hose connection – curbside
3" Supply line to water pump to be mounted at rear of tank as low as point
possible
Vacuum system standard features:
True 8" diameter vacuum system
Three (3) Vacuum Relief Valves set to crack at 16" HG
Stoddard sound silencer w/ rain cap and bottom drain
Cyclone Separator with 20" chamber
Vacuum pump driven via Transfer Case rated 500 HP
Upgrade to Roots Type Vacuum Pump 4,500 CFM and 16" Hg ($8600.00)
Noise and vibration dampening mounts on transfer case and vacuum pump
Stainless Steel Vee-Wire Filter Screen at Blower Inlet
Vacuum Relief Valve, 6" Air Operated
TCMUD No. 1 34 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Water pump system standard features:
50 GPM / 3,000 PSI Water Pump
Water pump drive: direct from PTO via drive shaft
3" Water Strainer w/ stainless steel screen between water tank and pump -
below rear hinge pin
Adjustable low pressure water spray gun w/50' x 1/2" hose and quick
connects, mounted rear of cab on curb side, 2000 PSI MAX
NOTE: Will upgrade washdown to 3000 P.S.I.
Low point drain valves - water lines
Multi-Flow - Shaft Drive Water Pumps
Water pump system options:
Valve before 3" Strainer
50' x 1/2" Hand Gun Reel, Retractable w/ 50' x 1/2" Hose
Air Purge System
Boom system standard features:
8" Front mounted telescoping tube-in-tube boom - inside is true 8"
Nine (9) foot telescoping extension - 26' reach from center of truck
180 degree power rotation via direct hydraulic gear (worm) drive = (80
degree driver side, 100 degree curb side)
Dual 4" lift cylinders
Cab protection rack
Upgraded 9" Boom articulation boom hose
Boom system options:
Remote Lube for Boom Lift and Rotation
TCMUD No. 1 35 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Hose reel standard features:
Front frame mounted hose reel with 180 degrees articulation, hose reel
spool driven via hydraulically powered gear box (no chains or
sprockets)
Hose reel spool capacity of 800 feet of 1" hose (1200’ of ¾” hose)
1-1/2" Heavy duty spool swivel for water, rated to 4000 PSI working
pressure
Telescoping Level Wind
Hose reel options:
Footage Counter
Standard gauges and controls:
Cab Mounted Air Shift Control Panel for Blower, Water Pump, and
Hydraulics
Operator control panel to include: sewer hose level wind, reel speed and
direction, articulation control (band brake release), blower tachometer,
water pump tachometer, water pressure gauge, hydraulic pressure gauge,
vacuum gauge, electric engine throttle
3 Function remote pendant with 30 Feet of Cable - up/down, in/out, left/right
for the boom
Emergency stop de-energize water flow valve and break vacuum
If automatic transmission - interlock for throttle control
Lighting options:
Strobe Beacon Light - Front - Whelen 2519
Strobe Beacon Light - Rear - Whelen 2519
Rear Arrow Light - Halogen - 44" Wide Low Profile – Whelen
Boom Work Light - Standard (Truck-Lite 80360)
Hand Spot Light w/25' Cord
Extra Spot Light Plug In
Truck-Lite LED. Stop, Turn, and Tail Lights (cab not included)
Truck-Lite LED. Running (Marker) Lights (cab not included)
Light over tool storage area ($425.00)
TCMUD No. 1 36 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Wireless remote for boom, throttle and vacuum breaker
operation($3050.00) Safety Feature
Low water light ($400.00)
Storage and toolbox standard features:
Tool Box - Steel , 36" Wide x 18" Tall x 24" Deep
Two (2) Galvanized Steel Tube Trays mounted over SINGLE axles / tires - 7-
1/2 ft long
Toolbox options:
Tool Box - Steel, 36" Wide x 18" Tall x 24" Deep
Traffic Cone Holder
6 tube folding tube rack mounted on rear door ($1600.00)
Tow Hooks front and rear ($560.00)
Standard body features:
6” Chassis Sub-frame
DOT Lighting / Fenders / Mud flaps / Body and Tailgate Safety Props, ICC
Lights
70 Gallons AW-46 Hydraulic Oil, Level/Temperature Gauge, Shutoff on
Suction
Rear DOT Bumper
Triangle Kit
Fire Extinguisher 5 Lb.
Front Bumper
Back Up Alarm – Standard
Paint body and boom – Emerald Green
Paint frame, blower, silencer, boom base – Black
TCMUD No. 1 37 of 261 20 JULY 2010
Dallas Service Center
4710 Don Drive Dallas, TX 75247
214-951-7899 Phone 800-373-1318 Toll Free 281-598-5007 Fax
Standard Miscellaneous equipment:
25 Feet of Vacuum Tubing to include:
3 each of 8" x 5'
1 each of 8" x 5' with fluidizer holes
1 each of 8"X5' w/bolt on steel crown
Six 8" tube clamps
Two 50 GPM Sewer Cleaning Nozzles: (1) 30 degree and (1) 15 degree
Tiger Tail Hose Guide
Operations and Maintenance Manual
Miscellaneous options:
6" Lay Flat Hose –additional 20’
25’ x 2 ½” fill hose with ends
¾” X 600’ of 3000 PSI sewer hose w/ 10’ of leader hose
Budget Price for demo Gap-Vax unit with listed options: $189,600.00
Budget Price for 2009 International 7500 4X2 chassis: $75,355.00
Price includes all HGAC fees and delivery and training.
Trade in value for 2005 Vac-Con: $85,000.00
Please call with any questions.
Thank you,
Paul M. Baumy
281-850-1721
TCMUD No. 1 38 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-100-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/8/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Review and Approve Disbursements & Variance Report
a. June 2010
Attachments:June 2010 Monthly Financial Statements.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 39 of 261 20 JULY 2010
File #: 2010-100-M1, Version: 1
Title
Review and Approve Disbursements & Variance Report
a. June 2010
TCMUD No. 1 40 of 261 20 JULY 2010
TCMUD No. 1 41 of 261 20 JULY 2010
TCMUD No. 1 42 of 261 20 JULY 2010
TCMUD No. 1 43 of 261 20 JULY 2010
TCMUD No. 1 44 of 261 20 JULY 2010
TCMUD No. 1 45 of 261 20 JULY 2010
TCMUD No. 1 46 of 261 20 JULY 2010
TCMUD No. 1 47 of 261 20 JULY 2010
TCMUD No. 1 48 of 261 20 JULY 2010
TCMUD No. 1 49 of 261 20 JULY 2010
TCMUD No. 1 50 of 261 20 JULY 2010
TCMUD No. 1 51 of 261 20 JULY 2010
TCMUD No. 1 52 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-93-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/18/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action regarding Resolution 2010-0720, Budget Amendment No. 1, an
increase of $23,734 for Computer Aided Dispatch (CAD) for the Fire/EMS. (DuBose)
Attachments:M1-R-2010-0720-BudgetAmndmnt1.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 53 of 261 20 JULY 2010
File #: 2010-93-M1, Version: 1
Title
Discuss and take appropriate action regarding Resolution 2010-0720, Budget Amendment No. 1, an
increase of $23,734 for Computer Aided Dispatch (CAD) for the Fire/EMS. (DuBose)
Body
Excerpt from June 15th, 2010 Minutes:
2010-87-M1 Discuss and take appropriate action to award a bid for a four (4) year lease for Computer
Aided Dispatching (CAD); and authorizing Fire Chief Thomas or his designee to execute necessary
documents. (FireChief Thomas)
Finance Director DuBose clarified that this is coming out of the Fire Department budget and a budget
amendment would need to be done.
TCMUD No. 1 54 of 261 20 JULY 2010
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
RESOLUTION NO. 2010-0720
A RESOLUTION TO APPROVE FY2009-2010
BUDGET AMENDMENT No. 1 FOR TROPHY CLUB MUD NO. 1
A RESOLUTION OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 1 (TCMUD No. 1), OF DENTON AND TARRANT COUNTIES,
TEXAS; AMENDING THE FISCAL YEAR OCTOBER 1, 2009 THROUGH
SEPTEMBER 30, 2010 BUDGET; PROVIDING FOR AN AMENDMENT;
PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the TCMUD No. 1 annual budget for the fiscal year beginning
October 1, 2009 and ending September 30, 2010, was approved and adopted within the
time and in accordance with Section 49.057(b) of the Texas Water Code; and
WHEREAS, TCMUD No. 1 hereby finds and determines that it is prudent to
amend the line item(s) due to unforeseen situations that have occurred in the District;
and
WHEREAS, TCMUD No. 1 further finds that this Amendment No. 1 will serve in
the public interest and is necessary to support District operations; and
WHEREAS, TCMUD No. 1 finds and determines that the change in the Budget
for the stated district purpose serves the best interests of the taxpayers, is necessary
and warrants action at this time;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
Section 1. That the Fiscal Year 2009-2010 Budget is hereby amended to fund
the line item(s) as stated in Exhibit “A.” This Amendment No. 1 to the Original
Budget of the Trophy Club Municipal Utility District No. 1, for the Fiscal Year
2009-2010, shall be attached to and made part of the Original Budget and said
budget amendment shall be on file for public inspection in the office of the
District. Furthermore, this Amendment No. 1 (Exhibit “A”) is attached,
incorporated into and made a permanent portion of this Resolution. This
Resolution is hereby approved and shall constitute the first budget amendment
that has occurred since the October 1, 2009 effective date of the Trophy Club
Municipal Utility District No.1 Budget.
TCMUD No. 1 55 of 261 20 JULY 2010
Section 2. That if any word, sentence, section, subsection, subdivision,
paragraph, clause, phrase or provision of this Resolution shall be adjudged
invalid or held unconstitutional, the same shall not affect the validity of this
resolution as a whole or any part of the provision hereof other than the part so
decided to be invalid or unconstitutional.
Section 3. That all provisions of the resolutions of the District’s Board of
Directors in conflict with the provisions of this resolution shall be and the same
are hereby repealed and all other provisions of the resolutions of the TCMUD No.
1 Board not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 4. That this resolution shall become effective immediately upon its
passage.
PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal
Utility District No. 1, this the 20th day of July, 2010.
___________________________
James C. Thomas, President
Trophy Club MUD No. 1
(SEAL)
ATTEST:
_____________________________
Kevin R. Carr, Secretary
Trophy Club MUD No. 1
TCMUD No. 1 56 of 261 20 JULY 2010
CERTIFICATE OF RESOLUTION (2010-0720)
THE STATE OF TEXAS }
COUNTY OF DENTON }
COUNTY OF TARRANT}
I, the undersigned member of the Board of Directors of the Trophy Club
Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"),
hereby certify as follows:
1. That I am the duly qualified and acting Secretary of the Board of Directors of
the District, and that, as such, I have custody of the minutes and records of the District.
2. That the Board of Directors of the District convened in Open Session at a
Regular Meeting on July 20, 2010, at the regular meeting place thereof, and the roll was
called of the duly constituted officers and members of the Board of Directors, to wit:
James C. Thomas President
Jim Moss Vice President
Kevin R. Carr Secretary-Treasurer
Bill Armstrong Director
Nick Sanders Director
and Directors Thomas, Moss, Carr, and Sanders were present, thus constituting a
quorum, whereupon, among other business, the following was transacted at such
meeting: a written
RESOLUTION (2010-0720) APPROVING BUDGET AMENDMENT
FOR FY2009-2010 FOR TROPHY CLUB MUD NO. 1
was duly introduced for the consideration of the Board of Directors of the District. It was
then duly moved and seconded that such Resolution be adopted and, after due
discussion, such motion, carrying with it the adoption of such Resolution, prevailed and
carried by the following vote:
AYES:
NOES:
TCMUD No. 1 57 of 261 20 JULY 2010
3. That a true, full and correct copy of such Resolution adopted at such
meeting is attached to and follows this certificate; that such resolution has
been duly recorded in the minutes of the Board of Directors for such
meeting; that the persons named in the above and foregoing Paragraph 2
were the duly chosen, qualified and acting officers and members of the
Board of Directors as indicated therein, that each was duly and sufficiently
notified officially and personally, in advance, of the time, place and
purpose of such meeting, and that such Resolution would be introduced
and considered for adoption at such meeting, and that each consented, in
advance, to the holding of such meeting for such purpose; that the
canvassing of the officers and members of the Board of Directors present
at and absent from such meeting and of the votes of each on such motion,
as set forth in the above and foregoing Paragraph 2, is true and correct;
and that sufficient and timely notice of the hour, date, place and subject of
such meeting was given and posted as required by Chapter 551, Texas
Government Code, as amended.
SIGNED AND SEALED the 20th day of July 2010.
_________________________________
Kevin R. Carr
Secretary, Board of Directors
(SEAL)
TCMUD No. 1 58 of 261 20 JULY 2010
EXHIBIT A
Trophy Club Municipal Utility District No.1
Budget Amendment 1
Fiscal Year 2009‐2010 Expenditure Increase Budget Amendment Increase of
$23,734 for Computer Aided Dispatch (CAD) for the Fire Department.
Original Budget Amendment Amended Budget
Capital Expense ‐ CAD $ ‐0‐ $ 23,734 $ 23,734
TCMUD No. 1 59 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-101-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/13/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action regarding Resolution 2010-0720, Budget Amendment No. 2,
$240,000 for the purchase of a High Speed Pump for Trinity Well No. 2. (DuBose)
Attachments:M1-R-2010-0720-BudgetAmndmnt2.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 60 of 261 20 JULY 2010
File #: 2010-101-M1, Version: 1
Title
Discuss and take appropriate action regarding Resolution 2010-0720, Budget Amendment No. 2,
$240,000 for the purchase of a High Speed Pump for Trinity Well No. 2. (DuBose)
Body
Excerpt from June 15th, 2010 Minutes:
2010-85-M1 Discuss and take appropriate action concerning funding options for
Trinity Well No. 2 and High Speed Pump. (Scott)
Director Sanders is in favor of using reserved funds for the High Speed Pump for an amount NTE $240,000 to
come from the designated fund balance in the Fire Station Construction account.
Finance Director DuBose stated that we would do a Budget Amendment.
TCMUD No. 1 61 of 261 20 JULY 2010
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
RESOLUTION NO. 2010-0720-A
A RESOLUTION TO APPROVE FY2009-2010
BUDGET AMENDMENT No. 2 FOR TROPHY CLUB MUD NO. 1
A RESOLUTION OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 1 (TCMUD No. 1), OF DENTON AND TARRANT COUNTIES,
TEXAS; AMENDING THE FISCAL YEAR OCTOBER 1, 2009 THROUGH
SEPTEMBER 30, 2010 BUDGET; PROVIDING FOR AN AMENDMENT;
PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the TCMUD No. 1 annual budget for the fiscal year beginning
October 1, 2009 and ending September 30, 2010, was approved and adopted within the
time and in accordance with Section 49.057(b) of the Texas Water Code; and
WHEREAS, TCMUD No. 1 hereby finds and determines that it is prudent to
amend the line item(s) due to unforeseen situations that have occurred in the District;
and
WHEREAS, TCMUD No. 1 further finds that this Amendment No. 2 will serve in
the public interest and is necessary to support District operations; and
WHEREAS, TCMUD No. 1 finds and determines that the change in the Budget
for the stated district purpose serves the best interests of the taxpayers, is necessary
and warrants action at this time;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
Section 1. That the Fiscal Year 2009-2010 Budget is hereby amended to fund
the line item(s) as stated in Exhibit “A.” This Amendment No. 2 to the Original
Budget of the Trophy Club Municipal Utility District No. 1, for the Fiscal Year
2009-2010, shall be attached to and made part of the Original Budget and said
budget amendment shall be on file for public inspection in the office of the
District. Furthermore, this Amendment No. 2 (Exhibit “A”) is attached,
incorporated into and made a permanent portion of this Resolution. This
Resolution is hereby approved and shall constitute the second budget
amendment that has occurred since the October 1, 2009 effective date of the
Trophy Club Municipal Utility District No.1 Budget.
TCMUD No. 1 62 of 261 20 JULY 2010
Section 2. That if any word, sentence, section, subsection, subdivision,
paragraph, clause, phrase or provision of this Resolution shall be adjudged
invalid or held unconstitutional, the same shall not affect the validity of this
resolution as a whole or any part of the provision hereof other than the part so
decided to be invalid or unconstitutional.
Section 3. That all provisions of the resolutions of the District’s Board of
Directors in conflict with the provisions of this resolution shall be and the same
are hereby repealed and all other provisions of the resolutions of the TCMUD No.
1 Board not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 4. That this resolution shall become effective immediately upon its
passage.
PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal
Utility District No. 1, this the 20th day of July, 2010.
___________________________
James C. Thomas, President
Trophy Club MUD No. 1
(SEAL)
ATTEST:
_____________________________
Kevin R. Carr, Secretary
Trophy Club MUD No. 1
TCMUD No. 1 63 of 261 20 JULY 2010
CERTIFICATE OF RESOLUTION (2010-0720)
THE STATE OF TEXAS }
COUNTY OF DENTON }
COUNTY OF TARRANT}
I, the undersigned member of the Board of Directors of the Trophy Club
Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"),
hereby certify as follows:
1. That I am the duly qualified and acting Secretary of the Board of Directors of
the District, and that, as such, I have custody of the minutes and records of the District.
2. That the Board of Directors of the District convened in Open Session at a
Regular Meeting on July 20, 2010, at the regular meeting place thereof, and the roll was
called of the duly constituted officers and members of the Board of Directors, to wit:
James C. Thomas President
Jim Moss Vice President
Kevin R. Carr Secretary-Treasurer
Bill Armstrong Director
Nick Sanders Director
and Directors Thomas, Moss, Carr, and Sanders were present, thus constituting a
quorum, whereupon, among other business, the following was transacted at such
meeting: a written
RESOLUTION (2010-0720) APPROVING BUDGET AMENDMENT
FOR FY2009-2010 FOR TROPHY CLUB MUD NO. 1
was duly introduced for the consideration of the Board of Directors of the District. It was
then duly moved and seconded that such Resolution be adopted and, after due
discussion, such motion, carrying with it the adoption of such Resolution, prevailed and
carried by the following vote:
AYES:
NOES:
TCMUD No. 1 64 of 261 20 JULY 2010
3. That a true, full and correct copy of such Resolution adopted at such
meeting is attached to and follows this certificate; that such resolution has
been duly recorded in the minutes of the Board of Directors for such
meeting; that the persons named in the above and foregoing Paragraph 2
were the duly chosen, qualified and acting officers and members of the
Board of Directors as indicated therein, that each was duly and sufficiently
notified officially and personally, in advance, of the time, place and
purpose of such meeting, and that such Resolution would be introduced
and considered for adoption at such meeting, and that each consented, in
advance, to the holding of such meeting for such purpose; that the
canvassing of the officers and members of the Board of Directors present
at and absent from such meeting and of the votes of each on such motion,
as set forth in the above and foregoing Paragraph 2, is true and correct;
and that sufficient and timely notice of the hour, date, place and subject of
such meeting was given and posted as required by Chapter 551, Texas
Government Code, as amended.
SIGNED AND SEALED the 20th day of July 2010.
_________________________________
Kevin R. Carr
Secretary, Board of Directors
(SEAL)
TCMUD No. 1 65 of 261 20 JULY 2010
Resolution 2010‐0720‐A
EXHIBIT A
Trophy Club Municipal Utility District No.1
Budget Amendment 2
Fiscal Year 2009‐2010 Expenditure Increase Budget Amendment of $ 240,000
for the purchase of a High Speed Pump for Trinity Well No. 2.
Original Budget Amendment Amended Budget
Capital Expense ‐
High Speed Pump $ ‐0‐ $ 240,000 $ 240,000
TCMUD No. 1 66 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-105-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/16/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action concerning Agreement with Weaver for Audit Services for Fiscal
Year 2009-2010.
Attachments:Weaver-MUD1 Engagement Letter.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 67 of 261 20 JULY 2010
File #: 2010-105-M1, Version: 1
Title
Discuss and take appropriate action concerning Agreement with Weaver for Audit Services for Fiscal
Year 2009-2010.
Body
Per Finance Director DuBose, she states that in October 2005, the Town entered into an agreement with the
audit firm of Weaver and Tidwell, LLP for external audit services for the the MUD and Town for fiscal years
ending September 30, 2005 through 2009. At the December 15, 2009 MUD Board meeting, the Board
unanimously created an Audit Committee made up of Directors Cantrell, Carr, Hase, and Thomas. The
preliminary audit results for the 2008-2009 fiscal year were presented to the newly appointed Audit Committee
on January 6, 2010. At the January 6, 2010 meeting, the Committee discussed soliciting proposals for the
2009-2010 fiscal year audit. The committee also discussed the impact of the pending negotiations concerning
the MUD separating finance and accounting services from the Town, and the difficultly that the uncertainty of
that outcome would have in soliciting proposals. The Committee further discussed that for the 2009-2010 fiscal
year, the MUD and Town transactions were comingled and that the Town staff would have to work with the
auditors in the performance of the MUD audit. The Committee agreed that the best solution for the 2009-2010
fiscal year's auditing services would be to extend the current agreement with Weaver (formerly Weaver and
Tidwell, LLP). The attached agreement will allow Weaver to perform external auditing services for the fiscal
year ending September 30, 2010 at a total cost not to exceed $27,500, which is approximately $6,100 (18%)
less than the previous fiscal year.
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-91-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/14/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action regarding RFP for Professional Auditing Services. (Staff)
Attachments:Audit RFP 2010.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 78 of 261 20 JULY 2010
File #: 2010-91-M1, Version: 1
Title
Discuss and take appropriate action regarding RFP for Professional Auditing Services . (Staff)
Body
[Enter body here.]
TCMUD No. 1 79 of 261 20 JULY 2010
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
(TCMUD 1)
REQUEST FOR PROPOSAL (RFP)
FOR
PROFESSIONAL AUDITING SERVICES
RFP No.: 2010‐0720‐01
July 20, 2010
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
TCMUD No. 1 80 of 261 20 JULY 2010
NOTICE TO AUDITORS
Competitive sealed proposals for the furnishing of Professional Auditing Services for TROPHY CLUB
MUNICIPAL UTILITY DISTRICT No. 1 will be received at the TCMUD 1, 100 Municipal Drive, Trophy
Club, Texas from 8 A.M. until 5:00 P.M from Monday, July 21, 2010 to Thursday, August 5, 2010 and
from 8:00 A.M. until 3:00 P.M. on Friday, August 6, 2010. All proposals will be publicly opened and
read aloud at 3:15 P.M. on Friday, August 6, 2010 in the Boardroom of the Svore Municipal Building.
All proposals submitted for consideration by TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 must
clearly marked on the outside of the sealed envelope with the words:
PROFESSIONAL AUDITING SERVICES PROPOSAL
ATTENTION: MARY MOORE, MUD SECRETARY
TCMUD 1 reserves the right to reject any or all proposals and waive any or all irregularities. Proposals
shall be valid for a period of ninety (90) days from the date the proposals are opened.
Late proposal submissions will be returned unopened, and unsigned proposals will be rejected as
non‐responsive.
Packets will be available online at www.ci.trophyclub.tx.us and/or www.demandstar.com or may be
picked up at 100 Municipal Drive, Trophy Club, Texas, 76262. Telephone requests may be executed
by calling (682) 831‐4685.
It is the policy of TCMUD 1 to afford all people an equal opportunity to bid on any contract being let
by the TCMUD 1. TCMUD 1 has a policy that prohibits discrimination against any person because of
race, color, sex, or national origin, in the award of performance of any contract.
TCMUD No. 1 81 of 261 20 JULY 2010
I. INTRODUCTION
A) Purpose
B) Term of Engagement
II. NATURE OF SERVICES REQUIRED
A) Scope of Work to be performed
B) Auditing Standards to be followed
C) Reports to be issued
D) Special Considerations
E) Working Paper Retention and Access to Working Papers
F) Conferences
III. DESCRIPTION OF THE GOVERNMENT
A) Entity Description
B) Fund Structure
C) Budget
D) Accounting Process ‐ Related Systems
E) Computer Systems
F) Organizational Responsibility for the Accounting Function
IV. GENERAL PROPOSAL REQUIREMENTS
A) Required Information
B) Instructions
C) Knowledge of Conditions
D) Exceptions
E) Late Proposals
F) Altering Proposals
G) Withdrawal of Proposals
H) Sales Tax
I) Pricing
J) Preparation Costs
K) Duration
L) Proposal Opening
M) Rejection of Proposals
N) Contract Award
O) Addenda
P) Minor Defects
Q) Funding
R) Insurance
S) Subcontracting
T) Conflicts of Interest
U) Ethics
V) Indemnification
TCMUD No. 1 82 of 261 20 JULY 2010
W) Ownership
X) Proprietary Information
Y) References
V. SPECIFIC PROPOSAL REQUIREMENTS
A) Deadline and Distribution
B) Inquiries
C) Submission of Proposal
D) Technical Proposal
1) Independence
2) License to Practice in Texas
3) Auditor Qualifications and Experience
4) Partner, Supervisory and Staff Qualifications and Experience
5) Assignment of Auditing Staff and Changes in Assigned Staff
6) Prior Engagements with TCMUD 1
7) Similar Engagements with Other Government Entities
8) Specific Audit Approach
9) Identification of Anticipated Potential Audit Problems
10) Additional Information
E) Compensation Proposal
1) Total All‐Inclusive Maximum Price
2) Rates by Partner, Supervisory, Staff Level, and Time Hours Anticipated for
Each
3) Rates for Additional Professional Services
4) Manner of Payment
5) Subsequent Year Fees
VI. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION
A) Finance Department and Clerical Assistance
B) Electronic Data Processing (EDP) Assistance
C) Prior Audit
D) Work Area, Telephones, Photocopying and Facsimile Machines
E) Report Preparation
VII. EVALUATION PROCESS
A) Audit Committee
B) Schedule
C) Pre‐Proposal Conference
D) Evaluation Criteria
E) Oral Presentations
F) Final Selection
G) Engagement Letter
TCMUD No. 1 83 of 261 20 JULY 2010
VIII. APPENDICES
A) Organizational Chart: Trophy Club Municipal Utility District No. 1
B) Organizational Chart: Fire
C) List of Key Personnel and Phone Numbers
D) List of Elected Officials
E) Sample Format: Schedule of Professional Fees and Expenses
F) Sample Format: Current and Previous References
G) Insurance & Indemnity
H) Insurance Requirements Affidavit
I) Auditor Checklist
J) Basic Financial Statements: Trophy Club Municipal Utility District No. 1
TCMUD No. 1 84 of 261 20 JULY 2010
I. INTRODUCTION
A. Purpose
Trophy Club Municipal Utility District No. 1 (TCMUD 1) is requesting proposals from
qualified firms of certified public accountants to perform financial audits for the fiscal
year ending September 30, 2010, with the option of auditing its financial statements
for each of the four (4) subsequent fiscal years.
These audits are to be performed in accordance with Generally Accepted Auditing
Standards (GAAS) as defined by the American Institute of Certified Public
Accountants (AICPA), the standards set forth for financial audits in the General
Accounting Office’s (GAO) Government Auditing Standards (2007), and the Texas
Commission on Environmental Quality’s (TCEQ) Water District Financial Management
Guide (2004).
B. Term of Engagement
A five (5) year contract is contemplated, subject to the following:
1) An annual review and recommendation by the Audit Committee.
2) The satisfactory negotiation of contract terms (including a price acceptable to
both the TCMUD 1 and the selected auditor).
3) The annual availability of an appropriation approved by TCMUD 1 Board.
II. NATURE OF SERVICES REQUIRED
A. Scope of Work to be Performed
TCMUD 1 desires the auditor to express an opinion on the fair presentation of its
financial statements in conformity with Generally Accepted Accounting Principals
(GAAP).
The auditor is not required to audit the supporting schedules. However, the auditor
is to provide an “in‐relation‐to” report on the supporting schedules based on the
auditing procedures applied during the audit of the general purpose financial
statements and the combining and individual fund financial statements and
schedules.
The auditor is not required to audit the statistical section of the report nor is it
required to audit a schedule of expenditures of federal awards.
TCMUD No. 1 85 of 261 20 JULY 2010
B. Auditing Standards to be Followed
To meet the requirements of this Request for Proposal (RFP), this audit shall be
performed in accordance with GAAS as defined by AICPA, the standards set forth for
financial audits in the GAO’s Government Auditing Standards (2007), and the TCEQ’s
Water District Financial Management Guide (2004).
C. Reports to be Issued
Following the completion of the audit of the fiscal year’s financial statements, the
auditor shall issue the following:
1) Reports as shown in the most recent audits (Appendix K ‐ N).
2) Management Letter
a) The auditor shall provide written communication of any reportable conditions
found during the audit to management and the TCMUD 1 Board. A reportable
condition shall be defined as a significant deficiency in the design or
operation of the internal control structure, which could adversely affect the
organization's ability to record, process, summarize and report financial data
consistent with the assertions of management in the financial statements.
b) Reportable conditions that are also material weaknesses shall be identified as
such in the letter.
c) The letter on compliance shall include all instances of noncompliance.
d) Non‐reportable conditions discovered by the auditors shall be reported in a
separate letter to management, as well as the TCMUD 1 Board.
e) The auditor shall be required to make an immediate, written report of all
material irregularities and illegal acts or indications of illegal acts of which it
becomes aware to the following parties:
TCMUD Manager aka District Manager
TCMUD 1 Attorney
TCMUD 1 Board
3) Reporting TCMUD 1 Board. Auditors shall assure themselves that the
aforementioned are informed of each of the following:
a) The auditor's responsibility under GAAP.
b) Significant accounting policies.
c) Management judgments and accounting estimates.
d) Significant audit adjustments.
e) Other information in documents containing audited financial statements.
f) Disagreements with management.
g) Management consultation with other accountants.
h) Major issues discussed with management prior to retention.
i) Difficulties encountered in performing the audit.
D. Special Considerations
TCMUD 1 anticipates that during the course of the engagement, one or more official
statements will be prepared in connection with the sale of debt securities, which will
contain the basic financial statements and the auditor's report thereon. The auditor
may be required, if requested by the TCMUD 1 financial advisor and/or the
underwriters, to issue a “consent and citation of expertise,” as well as any necessary
“comfort letters".
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E. Work Paper Retention and Access to Work Papers
All work papers and reports must be retained, at the auditor's expense, for a
minimum of five (5) years, unless the auditor is notified in writing by TCMUD 1 of the
need to extend the retention period. The auditor will be required to make the work
papers available, upon request, to representatives of federal and state agencies and
TCMUD 1.
In addition, the auditor shall respond to the reasonable inquiries of successor
auditors and allow successor auditors to review work papers relating to matters of
continuing accounting significance.
F. Conferences
The following conferences are to be conducted with the District Manger/Finance
Director and/or other TCMUD 1 personnel as needed:
1) Entrance conference prior to interim work.
2) Exit conference at conclusion of interim work.
3) Entrance conference at beginning of fieldwork.
4) Progress conferences during fieldwork.
5) Exit conference at end of fieldwork.
6) Conference when draft copy of management letter is prepared.
7) Presentation to Town Council and the respective Board.
III. DESCRIPTION OF THE GOVERNMENT
A. Entity Description
TCMUD 1 is in both Denton and Tarrant County, and is located most generally in the
Dallas Fort Worth Metroplex in an area commonly referred to as the Alliance
Corridor.
Trophy Club Municipal Utility District No.1 is governed by a five member Board,
whose members are elected to 4‐year terms. The day‐to‐day operations of the
District are handled by a District Manager hired by the Board. MUD 1 provides water,
wastewater treatment, and fire protection to the area within its boundaries. MUD
No. 1 is approximately 75 to 80% developed, with the exception of the undeveloped
land in the Solana complex and has an evaluation in excess of $520 million. The
Solana complex, located south of 114, was annexed into the District in the 1980's and
provides a significant portion of the valuation. There are approximately 1,000 acres
of land within the Town of Trophy Club that is being developed that is not within
MUD 1’s district.
The operational costs, with the exception of the fire department, are paid entirely by
water and sewer revenues. The fiscal 09‐10 operational budget is $5.1 million dollars
including $1,190,429 dollars for the Fire Department. The capital facilities of the
District includes a wastewater treatment plant, seven sewage lift stations, four water
wells, 2 ground storage tanks (5 million gallons each), an elevated water storage
tank, a water plant, numerous miles of underground piping, and a $3 million Fire
TCMUD No. 1 87 of 261 20 JULY 2010
Station; all paid for with bonded indebtedness. This indebtedness is being paid off
with taxes. MUD1's annual bond payments total $5,769,217.
The fire protection is fully tax supported with 12 paid firefighter/paramedics, a paid
Fire Chief and an administrative assistant. The fire department has a minimum of
four people on duty 24 hours a day with additional staffing during the day shift.
Trophy Club Municipal Utility District No. 1 provides the following services:
Administration Wastewater
Water
Fire
Wastewater Collections
Utility Billing
Information Technology
Debt Service
Operations & Maintenance
B. Fund Structure
TCMUD 1’s accounting records are maintained in accordance with GAAP as
promulgated by the Governmental Accounting Standards Board (GASB).
Accordingly, the TCMUD 1 has maintained general, debt service, and capital projects
governmental fund types; general fixed assets and general long‐term debt account
groups.
C. Budget
For the MUD Board, the District Manager submits to the MUD Board a proposed
operating budget for the fiscal year beginning on October 1. The adopted operating
budgets are then legally enacted through the passage of an ordinance, and represent
the proposed fund appropriations. With the exception of GASB funds,
unencumbered appropriations lapse at the end of the year. The MUD Manager may
transfer budgeted amounts between accounts or departments on a limited basis.
The budget, as well as all revenues, appropriations, and encumbrances are recorded
in the accounting records.
Adopted 2009‐10 budget for TCMUD 1’s major funds are as follows:
135: Trophy Club MUD No. 1 Fund (O&M) $4,576,180
533: Trophy Club MUD No. 1 Fund (Debt Service) $1,367,310
315: Trophy Club MUD No. 1 Fund (Construction) $1,785,331
TCMUD 1 participates in the Texas Municipal Retirement System (TMRS) for its
employees through the Interlocal Agreement for Employee and Services Contract
with the Town of Trophy Club.
TCMUD No. 1 88 of 261 20 JULY 2010
D. Accounting Process – Related Systems
TCMUD 1’s accounting records for general governmental operations are maintained
on a modified accrual basis, and revenues are recorded when available and
measurable and expenditures are recorded when the services or goods are received
and the liabilities are incurred.
E. Computer Systems
The general ledger accounting system is operated and maintained on a
comprehensive financial enterprise system developed by STW Inc. The system
supports full reporting and inquiry functions.
F. Organizational Responsibility for the Accounting Function
The Accounting function falls under the general supervision of the Senior Accountant
who reports to the District Manager.
IV. GENERAL PROPOSAL REQUIREMENTS
A. Required Information
The TCMUD 1 proposal packet contains various sections requiring completion. All
forms herein must be completed prior to the date and time set for proposal opening
and included with the proposal or the auditor may be found non‐responsive.
Responding auditors may be required to complete and supply all information
contained in a "supplemental information" packet at a date after proposal opening.
Failure to complete "supplemental information" requirements in a timely manner,
prior to award, may be used by TCMUD 1 in determining a respondent’s
responsibility.
B. Instructions
These instructions apply to all proposals and become a part of terms and conditions
of any proposal packet submitted.
C. Knowledge of Conditions
Auditors submitting proposals should carefully examine all terms, conditions,
specifications and related documents. Should discrepancies in or omission from the
specifications or related documents, or should there be doubt as to their meaning,
the principal contact should be notified immediately for clarification prior to
submitting the proposal. In the event of any conflict between the terms and
provisions of these requirements and the specifications, the specifications shall
govern. In the event of any conflict of interpretation of any part of this overall
document, TCMUD 1’s interpretation shall govern.
D. Exceptions
All proposals must clearly and specifically detail all exceptions to the exact
requirements imposed by this document. Such exceptions must be explained in the
auditor's proposal. Otherwise, TCMUD 1 shall consider the subject proposal as being
made in strict compliance with this document.
TCMUD No. 1 89 of 261 20 JULY 2010
E. Late Proposals
Proposals received after the submission deadline will be returned unopened, and
unsigned proposals will be rejected as non‐responsive. TCMUD 1 is not responsible
for lateness or non‐delivery of mail, carrier, etc., and the date/time stamp at the
designated location shall be the official time receipt.
F. Altering Proposals
Proposals cannot be altered or amended after submission deadline. Any alterations
or erasures made before the opening time must be initialed by the signer of the
proposal, thus guaranteeing authenticity.
G. Withdrawal of Proposals
Any proposals may be withdrawn prior to the scheduling time for the opening.
Notice to withdraw the proposal must be in writing and submitted to TCMUD 1 prior
to the scheduled time for opening proposals. Any proposal withdrawal notice, which
is received after the deadline for receiving proposals, shall not be considered.
H. Sales Tax
TCMUD 1 is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.
Do not include tax in the proposal.
I. Pricing
Prices for all goods and/or services shall be firm for the duration of this contract.
Prices shall be all inclusive. Additional charges not shown in the proposal will not be
honored.
J. Preparation Costs
TCMUD 1 will not be liable for any costs associated with the preparation, transmittal,
or presentation of any proposals or material submitted in response to this RFP.
K. Duration
The auditor must agree, in writing, that all information contained in the submitted
proposal is valid for at least ninety (90) days from the date of submittal or until a final
contract is approved, whichever occurs first.
L. Proposal Opening
All proposals submitted will be read at TCMUD 1’s scheduled proposal opening for
the designated project. However, the reading of a proposal at such opening should
not be construed as a comment on the responsiveness of proposal bid or as any
indication that TCMUD 1 accepts such proposal as responsive.
M. Rejection of Proposals
TCMUD 1 may choose to reject all proposals and not award any contract. If the
aforementioned does not award a contract within ninety (90) days following the date
specified for the opening of proposals, all proposals are deemed to be rejected by
TCMUD 1.
TCMUD No. 1 90 of 261 20 JULY 2010
N. Contract Award
If a contract is awarded, the auditor will be selected on a rational basis using the
proposal evaluation criteria and results of subsequent negotiations. TCMUD 1 has a
right to award a contract upon the conditions, terms and specifications contained in
a proposal submitted to TCMUD 1 for a period of up to ninety (90) days following the
date specified for the opening of proposals. TCMUD 1 contract form shall be used in
the negotiation process.
O. Addenda
Any interpretations, corrections or changes to this proposal packet will be made by
addenda. Addenda will be sent to all who are known to have received a copy of this
proposal packet. Auditors shall acknowledge receipt of all addenda or they may be
declared non‐responsive.
P. Minor Defects
TCMUD 1 reserves the right to waive any minor defect, irregularity, or informality in
any bid.
Q. Funding
TCMUD 1 is a governmental entity, operated and funded on an October 1 to
September 30 basis; accordingly, TCMUD 1 reserves the right to terminate, without
liability to them, any contract for which funding is not available.
R. Insurance
The auditor shall comply with all insurance requirements as specified in the contract
and proposal documents. Failure to meet such requirements shall disqualify the
auditor from award. The auditor shall submit an Insurance Requirements Affidavit
(Appendix I) certifying that the insurance requirements have been reviewed and that
auditor is able to provide the insurance as required.
S. Subcontracting
No subcontracting will be allowed without the express prior written consent of
TCMUD 1.
T. Conflicts of Interest
No officer or employee of TCMUD 1 shall have a financial interest, direct or indirect, in
any contract with TCMUD 1.
U. Ethics
The auditor shall not offer or accept gifts or anything of value or enter into any
business arrangement with any employee, official or agent of TCMUD 1. More than
one proposal on any one contract from a firm or auditor under different names shall
be grounds for rejection of all proposals in which the firm or auditor has an interest.
One or all proposals will be rejected if there is any reason to believe that collusion
exists between auditors.
TCMUD No. 1 91 of 261 20 JULY 2010
V. Indemnification
The auditor shall indemnify, defend, and hold TCMUD 1, its officers, agents and
employees harmless from any liability, claims, suits, actions, causes of action, costs,
expenses, charges or fees, including attorney’s fees, for injury to any person (including
death) or damage to or destruction of any property; and, any act of omission of
auditor, its contractors, subcontractors, suppliers, or agents, in connection with or
arising out of, whether directly or indirectly, this agreement.
W. Ownership
All responses and accompanying documentation become the property of TCMUD 1.
X. Proprietary Information
Information construed as proprietary by a submitting auditor must be marked as
such and will be so regarded by TCMUD 1. Subject to Texas Open Records Act, Texas
Government Code, Chapter 552, TCMUD 1 will treat such information as confidential
to the extent permitted by law and TCMUD 1 agrees to withhold any such
information and request an opinion from the Attorney General should another party
request such data. TCMUD 1 shall abide by the decision of the Attorney General.
Such information should be submitted in a separate folder attached to the proposal
and referred to appropriately in the proposal. For a proposal to be valid, however, all
information must be available for review by approval bodies as required by TCMUD 1.
Viewing of information designated as proprietary by such bodies will not be
construed to violate the constraints of proprietary information.
Y. References
Auditors submitting proposals shall submit the names, addresses, contact persons,
phone numbers, and dates of a minimum of three (3) current and three (3) previous
governments in which the auditor has provided similar services (Appendix G).
V. SPECIFIC PROPOSAL REQUIREMENTS
A. Deadline and Distribution
All proposals must be received by TCMUD 1 prior to 3:00 p.m. on Friday, August 6,
2010. Proposals may be delivered or mailed to:
TCMUD 1
Attn: MUD Secretary
100 Municipal Drive,
Trophy Club, Texas 76262
Proposals must be signed by the auditor, with his or her signature in full. When an
auditor is a partnership, the proposal shall be signed in the name of the partnership
by one or more of the partners. When an auditor is a corporation, the officer signing
shall sign his name and give the title of his office. The proposal shall also bear the
seal of the corporation.
TCMUD No. 1 92 of 261 20 JULY 2010
Auditors will submit one (1) original and five (5) copies of all proposals and associated
documentation. Price quotes must be signed by a duly authorized official of the
auditor organization and notarized.
Upon selection, the successful auditor shall submit, within seven (7) days after notice
of award of contract, a corporate resolution, certificate of partnership, partnership
agreement or joint venture agreement, which identifies the person(s) authorized to
execute a contract on behalf of the corporation, partnership or joint venture.
B. Inquiries
All inquiries regarding this RFP should be directed to the Principal Contact:
TCMUD 1
100 Municipal Drive
Trophy Club, TX 76262
Attn: MUD Secretary
(682) 831‐4685 Phone ‐ (817) 491‐9312 Fax
Email: mmoore@ci.trophyclub.tx.us
C. Submission of Proposal
To simplify the review process and obtain the maximum degree of comparison, the
proposal should be organized in the following manner:
1) Title Page
a) Show the RFP subject, the name of the auditor's firm, address, telephone
number, name of contact person, and the date.
2) Table of Contents
a) Include a clear identification of the material by section and by page number.
3) Letter of Intent
a) A signed letter of intent briefly stating the auditor's understanding of the
work to be performed and a positive commitment to perform the work
within the time period required should be included. Such letter of intent
should also state why the auditor believes itself to be best qualified to
perform the engagement and that the proposal is a firm and irrevocable offer
for at least ninety (90) days from the date of submittal or until a final contract
is approved, whichever occurs first.
4) Detailed Proposal
a) The detailed proposal should follow the order set forth in Section V: Specific
Proposal Requirements.
D. Technical Proposal
The purpose of the proposal is to demonstrate the qualifications, competence, and
capacity of the auditors seeking to undertake an independent audit of TCMUD 1 in
conformity with the requirements of the RFP. As such, the substance of proposals
will carry more weight than their form or manner of presentation. The proposal
should demonstrate the qualifications of the auditor and of the particular staff to be
assigned to this engagement. It should also specify an audit approach that will meet
the RFP requirements.
TCMUD No. 1 93 of 261 20 JULY 2010
Interested auditors are encouraged to use their own preferred style and format in
preparing a proposal. However, it is suggested that the proposal include at least the
following arranged accordingly. There should be no dollar units or total costs included
in the Technical Proposal document.
The Technical Proposal should address all the points outlined in the RFP, excluding
any cost information, which should only be included in the Compensation Proposal
document. The proposal should be prepared simply and economically, providing a
straightforward and concise description of the auditor’s capabilities to satisfy the
requirements of the RFP. While additional data may be presented, the following
subjects, item No. 1 through 10, must be included. They represent the criteria against
which the proposal will be evaluated. The Technical Proposal document should be no
more than twenty (20) pages in its entirety.
1) Independence
a) The audit must be made by an independent auditor or auditors. An
“independent auditor” means a public auditor who meets the independence
standards specified by the GAO and AICPA.
b) The auditor should provide an affirmative statement that it is independent of
TCMUD 1 as to relationships between TCMUD 1 and its management and
members of your firm, and with regard to any other work performed by the
firm for TCMUD 1 that might impair the firm's independence and objectivity.
c) The auditor should also list and describe its professional relationships
involving TCMUD 1 or any of its agencies for the past five (5) years, together
with a statement explaining why such relationships do not constitute a
conflict of interest relative to performing the proposed audit.
2) License to Practice in Texas
a) An affirmative statement should be included indicating that the auditor and
all assigned key professional staff are properly licensed to practice in Texas.
3) Auditor Qualifications and Experience
a) The proposal should state the size of the firm, the size of the firm's
governmental audit staff, the location of the office from which the work on
this engagement is to be performed and the number and nature of the
professional staff to be employed in this engagement on a full‐time and a
part‐time basis. State whether your firm is local, regional, national, or
international. State the number of partners, managers, supervisors, seniors,
and other professional staff employed at the local office. Describe the range
of activities performed by the local office, such as auditing, accounting, tax
service, or management advisory services. Describe the local office's
capability to audit computerized systems, including the number and
classification of personnel skilled in computer science who will work on the
audit.
b) The auditor should demonstrate a commitment to governments by
participation in Special Review Committees of the GFOA Certificate of
Achievement program and active participation in the governmental
accounting standards process.
c) If the auditor is a joint venture or consortium, the qualifications of each firm
comprising the joint venture or consortium should be separately identified
TCMUD No. 1 94 of 261 20 JULY 2010
and the firm that is to serve as the principal auditor should be noted, if
applicable.
d) The auditor is also required to submit a copy of the report on its most recent
external quality control review, with a statement as to whether that quality
control review included a review of specific government engagements.
e) The auditor shall also provide information on the results of any federal or
state desk reviews or field reviews of its audits during the past three (3)
years. In addition, the auditor shall provide information on the circumstances
and status of any disciplinary action taken or pending against the auditor
during the past three (3) years with state regulatory bodies or professional
organizations. Please identify any litigation involving the local office.
f) Indicate the strengths of your firm in general, and more specifically, your local
office. Being specific, indicate how your audit philosophy differs from that of
other firms. Indicate the strategy for the future of your local office and in
what areas you will be investing resources.
g) Describe the rate of audit staff turnover in the local office due to resignations
or terminations in the past twenty‐four (24) months.
h) Describe why TCMUD 1 would be important to your firm and to the local
office as a client. Discuss your policies regarding staff education and
development. Indicate which universities are the major sources of new staff
for the local office.
4) Partner, Supervisory and Staff Qualifications and Experience
a) The auditor should identify the principal supervisory and management staff,
including engagement partners, managers, other supervisors, and specialists
who would be assigned to the engagement and indicate whether each such
person is licensed to practice as a CPA in Texas. Indicate areas of specialty:
audit, tax, management advisory services, etc. Indicate the ratio of audit
managers and other staff to audit partners in the local office. Specific
auditing experience dealing with Texas MUDS is mandatory.
b) The auditor should provide information on the governmental auditing
experience of each person, including information on relevant continuing
professional education for the past three (3) years and membership in
professional organizations relevant to the performance of this audit. Include
resumes as an appendix. Clearly indicate what specific responsibility each
individual will have. Provide information as to what time commitment or
workload is presently assigned to each person who will be working on this
engagement. The auditor should also indicate how the quality of staff over
the term of the agreement would be assured.
c) Indicate your firm's policy in rotating partners and managers. Indicate what
commitments your firm will make to TCMUD 1 management and financial
employees with respect to accessibility of the partners and managers
assigned to this engagement.
5) Assignment of Auditing Staff and Changes in Assigned Staff
a) It is understood by TCMUD 1 that the individuals specified in the auditor's
proposal are the individuals who will actually perform the work associated
with TCMUD 1’s audit. TCMUD 1 reserves the right to approve or deny any
change to the assigned staff named in the proposal, whether such change
occurs prior to or during the engagement. TCMUD 1 shall be provided with a
TCMUD No. 1 95 of 261 20 JULY 2010
resume of any proposed substitute and shall be given the opportunity to
interview that person prior to its decision to approve or disapprove.
6) Prior Engagements with TCMUD 1
a) The auditor should list separately any and all engagements performed for the
TCMUD 1 within the last five (5) years. For each engagement, the auditor
should indicate the scope of work, date, engagement, partners, total hours,
and the location of the firm's office from which the engagement was
performed.
7) Similar Engagements with Other Governmental Entities
a) The auditors must list the most significant engagements (maximum of 5)
performed in the last five (5) years that are similar to the engagement
described in the RFP. Previous engagements must include a Texas MUD.
These engagements should be ranked on the basis of total staff hours.
Indicate the scope of work, date of engagement, partners, total hours, and
the name and telephone number of the principal client contact. Auditors
desiring to keep this list confidential or that do not want these past or
present clients contacted should so state next to each engagement listed.
TCMUD 1 will comply with confidentiality requests to the full extent allowed
by federal and State of Texas freedom of information statues. Auditors
should be advised that failure to provide evidence satisfactory to the TCMUD
1 of any listed engagement may result in that engagement being disallowed
for bid evaluation purposes.
8) Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit
methodology to be followed to perform the services required in Section II of the
RFP. In developing the work plan, reference should be made to such sources of
information as TCMUD 1 budgets and related materials, organizational charts,
manuals and programs, and financial and other management information
systems.
Auditors will be required to provide the following information on their audit
approach:
a) Proposed segmentation of the engagement.
b) Level of staff and number of hours to be assigned to each proposed segment
of the engagement.
c) Sample sizes and the extent to which statistical sampling is to be used in the
engagement.
d) Extent of use of EDP software in the engagement.
e) Type and extent of analytical procedures to be used in the engagement.
f) Approach to be taken to gain and document an understanding of the TCMUD
1 ‘s internal control structure.
g) Approach to be taken in determining laws and regulations that will be subject
to audit test work.
h) Approach to be taken in drawing audit samples for purposes of tests of
compliance.
i) List of standard schedules required to be prepared by client.
TCMUD No. 1 96 of 261 20 JULY 2010
9) Identification of Anticipated Potential Audit Problems
a) The proposal should identify and describe any anticipated potential audit
problems, the auditor’s approach to resolving these problems, and any
special assistance that will be requested from TCMUD 1.
10) Additional Information
a) Any additional information the auditor considers essential to the proposal
should be included in this section. If there is no additional information to
present, state, "There is no additional information we wish to present."
E. Compensation Proposal
1) Total All‐Inclusive Maximum Price
a) The proposal should contain all pricing information relative to performing the
audit engagement as described in the RFP. The Total All‐Inclusive Maximum
Price to be bid is to contain all direct and indirect costs, including all out‐of‐
pocket expenses.
2) Rates by Partner, Supervisory, Staff Level, and Time Hours Anticipated for Each
a) Include a schedule of professional fees and expenses that support the Total
All‐Inclusive Maximum Price. The cost of special services described in the RFP
should be disclosed as separate components of the Total All‐Inclusive
Maximum Price.
3) Rates for Additional Professional Services
a) If it should become necessary for TCMUD 1 to request the auditor to render
any additional services to either supplement the services requested in the
RFP or to perform additional work as a result of the specific
recommendations included in any report issued during this engagement, then
such additional work shall be performed only if set forth in an addendum to
the contract between TCMUD 1 and the auditor. Any such additional work
agreed to between TCMUD 1 and the auditor shall be performed at the same
rates set forth in the schedule of fees and expenses.
4) Manner of Payment
a) An initial payment of 25% of the total contract price will be made upon
completion of the interim fieldwork. A second payment of 50% of the total
contract price will be made at the end of the fieldwork. The final 25% of the
total contract price will paid upon issuance of the final reports.
5) Subsequent Year Fees
a) A proposed fee adjustment method for future contract years should be
submitted.
VI. ASSISTANCE PROVIDED TO THE AUDITOR AND REPORT PREPARATION
A. Finance Department and Clerical Assistance
The Finance Department staff and responsible management personnel will be
available during the audit to assist the auditor by providing information,
documentation, and explanations. The preparation of confirmations will be the
responsibility of TCMUD 1. Clerical support will be made available to the auditor for
the preparation of routine letters, confirmations and memoranda.
TCMUD No. 1 97 of 261 20 JULY 2010
B. Electronic Data Processing (EDP) Assistance
Any requirements for computer time and/or system documentation will be
coordinated through the District Manager/Finance Director.
C. Prior Audit
Weaver & Tidwell, located at 12221 Merit Drive, Suite 1400, Dallas, Texas conducted
the audit of the financial records for the fiscal years ended September 30, 2006
through 2009. Weaver & Tidwell have agreed to make their work papers available to
the successor auditor at their offices. Requests concerning inspection of previous
work papers should be submitted to Mr. Weaver at (972) 490‐1970.
D. Work Area, Telephones, Photocopying and Facsimile Machines
TCMUD 1 shall provide the space and facilities necessary for the auditor to conduct
the examination. In addition, all information, data, reports, and records necessary for
carrying out the work shall be furnished to the auditor and TCMUD 1 shall cooperate
with the auditor in every reasonable way to ensure timely completion of the audit.
The auditor will also be provided with access to one telephone line, photocopying
facilities, and a facsimile machine.
E. Report Preparation
1) Management Letter
The auditor will prepare and print the management letter, twenty (20) copies of
which will be furnished to TCMUD 1.
VII. EVALUATION PROCESS
A. Audit Committee
Submitted proposals will be evaluated by a four (4) member Audit Committee
consisting of the following individuals:
1) Robert Scott, District Manager
2) Renae Gonzales, Senior Accountant
3) Jim Hase, Consultant
4) Kevin Carr, MUD 1 Secretary/Treasurer
TCMUD No. 1 98 of 261 20 JULY 2010
B. Schedule
RFP Released July 21, 2010
Pre‐Proposal Conference (9:00 A.M) July 30, 2010
Proposal Submission Deadline (3:00 P.M.) Aug 05, 2005/August 16, 2010
Proposal Opening (3:15 P.M.) Aug 05, 2005/ August 16, 2010
Oral Presentations Aug 08 ‐ 12, 2005*/August 18‐20, 2010
Recommendation to MUD 1 Board September 2010*
Selected Auditor Notified September 2010*
Contract Execution Late Sep 2010*
Final Reports Late Jan 2011*
*Indicates tentative dates.
TCMUD 1 will expect the delivery of the written reports at a date that will allow
delivery of the reports to the TCEQ one hundred thirty‐five (135) days after the close
of the fiscal year. The auditor shall be required to present the findings of the audit to
MUD Board.
C. Pre‐Proposal Conference
A pre‐proposal conference will be conducted in the MUD Boardroom room at 9:00
am Thursday, July 30, 2010. The Boardroom is located at 100 Municipal Drive, Trophy
Club, Texas 76262. The purpose of the conference is to answer any questions
prospective auditors may have relating to the RFP. Attendance at the conference is
recommended but not mandatory for submitting proposals.
D. Evaluation Criteria
Proposals will be evaluated using the following weighted criteria:
Audit Approach 50%
Experience and Quality of Personnel 30%
Compensation Proposal 20%
TOTAL 100%
TCMUD No. 1 99 of 261 20 JULY 2010
E. Oral Presentations
During the evaluation process, the Audit Committee may, at its discretion, request
any one or all auditors to make oral presentations. Such presentations will provide
auditors an opportunity to elaborate on their written proposals and answer
questions posed by the Audit Committee.
F. Final Selection
TCMUD 1 will select an auditor based upon the recommendations of the Audit
Committee and upon the approval of the MUD Board. Following notification of the
auditor selected, it is expected a contract will be executed between both parties
within thirty (30) days of approval.
G. Engagement Letter
The auditor shall prepare a written and dated engagement letter, which will identify
the specific responsibilities of TCMUD 1 and the auditor, along with a list of client
prepared documents and delivery dates established within ten (10) days of final
selection.
TCMUD No. 1 100 of 261 20 JULY 2010
APPENDIX A: TCMUD 1 ORGANIZATIONAL CHART
APPENDIX B: FIRE DEPARTMENT ORGANIZATIONAL CHART
TCMUD No. 1 101 of 261 20 JULY 2010
APPENDIX C: LIST OF KEY PERSONNEL AND PHONE NUMBERS
General Information Front Desk (682) 831‐4600
District Manager Robert Scott (682) 831‐4610 rscott@ci.trophyclub.tx.us
Senior Accountant Renae Gonzales (682) 831‐4611 rgonzales@ci.trophyclub.tx.us
MUD Secretary Mary Moore (682) 831‐4685 mmoore@ci.trophyclub.tx.us
TCMUD No. 1 102 of 261 20 JULY 2010
APPENDIX D: LIST OF TCMUD 1 BOARD MEMBERS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT (MUD) NO. 1 BOARD MEMBERS
President James Thomas
Vice President Jim Moss
Secretary/Treasurer Kevin Carr
Director Bill Armstrong
Director Nick Sanders
TCMUD No. 1 103 of 261 20 JULY 2010
APPENDIX E: SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
(SAMPLE FORMAT)
2010
TOTAL
2011
TOTAL
2012
TOTAL
2013
TOTAL
Outyears
NOTE:Theratequotedshouldnotbepresentedasageneralpercentageofthe
standard hourly rate or as a gross deduction from the Total All-Inclusive Maximum Price.
TCMUD No. 1 104 of 261 20 JULY 2010
APPENDIX F: CURRENT AND PREVIOUS REFERENCES
(SAMPLE FORMAT)
1. COMPANY NAME: __________________________________________________________
ADDRESS: __________________________________________________________
CITY / STATE / ZIP: __________________________________________________________
PHONE: __________________________________________________________
CONTACT / TITLE: __________________________________________________________
DATES: __________________________________________________________
2. COMPANY NAME: __________________________________________________________
ADDRESS: __________________________________________________________
CITY / STATE / ZIP: __________________________________________________________
PHONE: __________________________________________________________
CONTACT / TITLE: __________________________________________________________
DATES: __________________________________________________________
3. COMPANY NAME: __________________________________________________________
ADDRESS: __________________________________________________________
CITY / STATE / ZIP: __________________________________________________________
PHONE: __________________________________________________________
CONTACT / TITLE: __________________________________________________________
DATES: __________________________________________________________
TCMUD No. 1 105 of 261 20 JULY 2010
APPENDIX G: INSURANCE & INDEMNITY
PLEASE REVIEW THIS SECTION CAREFULLY WITH YOUR INSURANCE AGENT
1. General Insurance Requirements
1.1 The auditor/vendor/supplier (hereinafter called “auditor”) shall not start work under
this contract until the auditor has obtained at his own expense all of the insurance
called for here under and such insurance has been approved by TCMUD 1; nor shall
the auditor allow any subcontractor to start work on any subcontract until all
insurance required of the subcontractor has been so obtained and approved by the
auditor. Approval of insurance required of the auditor and subcontractors for the
TCMUD 1 will be granted only after submission to the TCMUD 1 of original, signed
certificates of insurance or, alternately, at TCMUD 1’S request, certified copies of the
required insurance policies.
1.2 The auditor shall require all subcontractors to maintain during the term of this
agreement, Commercial General Liability insurance, Business Automobile Liability
insurance, and Workers' Compensation and Employer's Liability insurance, in the
same manner as specified for the auditor. The auditor shall furnish subcontractors'
certificates of insurance to TCMUD 1 immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the following
provision:
1.3.1 "It is agreed that this policy is not subject to cancellation, non‐renewal,
material change, or reduction in coverage until ten (10) days prior written
notice has been given to TCMUD 1."
NOTE: The words "endeavor to" and "but failure to mail such notice shall impose no obligation to
liability of any kind upon the company, its agents or representatives" are to be eliminated from the
cancellation provision of standard ACORD certificates of insurance.
1.3.2 TCMUD 1 shall be named as additional insured on all policies, except for
Auditor Liability and Workers Compensation.
1.3.3 TCMUD 1 shall be provided with Waiver of Subrogation on Workers'
Compensation or Alternative program if applicable.
1.4 No acceptance and/or approval of any insurance by TCMUD 1 shall be construed as
relieving or excusing the auditor, or the surety, or its bond, from any liability or
obligation imposed upon either or both of them by the provisions of the contract
documents.
1.5 TCMUD 1 (including its elected and appointed officials, agents, volunteers, and
employees) is to be named as an additional insured under all coverages except
Workers' Compensation and Automobile Liability, and the certificate of insurance, or
the certified policy, if requested, must so state. Coverage afforded under this
paragraph shall be primary as respects the TCMUD 1, its elected and appointed
officials, agents and employees.
TCMUD No. 1 106 of 261 20 JULY 2010
1.5.1 The following definition of the term TCMUD 1 applies to all policies issued
under the contract:
TCMUD 1 and any affiliated or subsidiary Board, Authority, Committee, or
Independent Agency (including those newly constituted), provided that such
affiliated or subsidiary Board, Authority, Committee, or Independent Agency
is either a Body Politic created by TCMUD 1, or one in which controlling
interest is vested in TCMUD 1; and TCMUD 1 Constitutional Officers.
1.6 INDEMNITY. The auditor covenants to release, defend, hold harmless and
indemnify TCMUD 1 and all of its elected or appointed officials, agents and
employees from and against any and all claims, loss, damage, injury, cost (including
court costs and attorney's fees), charges, liability or exposure, however caused,
resulting from or arising out of or in any way connected with the auditor's
negligent performance or non‐performance of the terms of the contract documents
or its obligations under the contract. This indemnification shall continue in full
force and effect until the auditor completes all of the work required under the
contract, except that indemnification shall continue for all claims involving auditor
services after final acceptance of the work by TCMUD 1 for which TCMUD 1 gives
notice to the auditor after TCMUD 1’s final acceptance of the work.
1.7 The auditor shall be responsible for the work performed under the contract
documents and every part thereof, and for all materials, tools, equipment,
appliances, and property of any and all descriptions used in connection with the
work. The auditor assumes all risks for direct and indirect damage or injury to the
property or persons used or employed on or in connection with the work contracted
for, and of all damage or injury to any person property wherever located, resulting
from any action, omission, commission or operation under the contract, or in
connection in any way whatsoever with the contracted work, until final acceptance
of the work by TCMUD 1.
1.8 Insurance coverage required in these specifications shall be in force throughout the
contract term. Should the auditor fail to provide acceptable evidence of current
insurance within seven (7) days of written notice at any time during the contract
term, TCMUD 1 shall have the absolute right to terminate the contract without any
further obligation to the auditor, and the auditor shall be liable to TCMUD 1 for the
entire additional cost of procuring performance and the cost of performing the
incomplete portion of the contract at time of termination.
1.9 Contractual and other liability insurance provided under this contract shall not
contain a supervision, inspection or engineering services exclusion that would
preclude TCMUD 1 from supervising or inspecting the project as to the end result.
The auditor shall assume all on‐the‐job responsibilities as to the control of persons
directly employed by it and of the subcontractors and any persons employed by the
subcontractor.
1.10 Nothing contained in the specifications shall be construed as creating any contractual
relationship between any subcontractor and TCMUD 1. The auditor shall be as fully
responsible to TCMUD 1 for the acts and omissions of the subcontractors and of
persons employed by them as it is for acts and omissions of persons directly
employed by it.
TCMUD No. 1 107 of 261 20 JULY 2010
1.11 Precaution shall be exercised by the auditor at all times for the protection of persons,
(including employees) and property. All existing structures, utilities, roads, services,
trees and shrubbery shall be protected against damage or interruption of service at
all times by the auditor and its subcontractors during the term of the contract, and
the auditor shall be held responsible for any damage to property occurring by reason
of its operation on the property.
1.12 Written requests for consideration of alternate coverages must be received by
TCMUD 1 at least ten (10) working days prior to the date set for receipt of bids or
proposals. If TCMUD 1 denies the request for alternative coverages, the specified
coverages will be required to be submitted.
1.13 All required insurance coverages must be acquired from insurers authorized to do
business in the State of Texas and acceptable to TCMUD 1. TCMUD 1 prefers that all
insurers also have a policyholder's rating of "A‐" or better, and a financial size of
"Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and
Poors, unless TCMUD 1 grants specific approval for an exception, in the same manner
as described in 1.13 above.
1.14 TCMUD 1 will consider deductible amounts as part of its review of the financial
stability of the bidder. Any deductibles shall be disclosed in the auditor’s proposal
and all deductibles will be assumed by the auditor. Auditor may be required to
provide proof of financial ability to cover deductibles, or may be required to post a
bond to cover deductibles.
2. Auditor's Insurance ‐ "Occurrence" Basis; Except as Specifically Provided
2.1 The Auditor shall purchase the following insurance coverages:
2.1.1 Commercial General Liability ‐ Such Commercial General Liability policy shall
include the following:
i. General aggregate limit is to apply per project.
ii. Premises/Operations.
iii. Actions of Independent Contractors.
iv. Products/Completed Operations to be maintained for one year. Final
completion and acceptance of the work, with evidence of same filed
with owner.
v. Contractual Liability including protection for the auditor from claims
arising out of liability assumed under this contract.
vi. Personal Injury Liability including coverage for offenses related to
employment.
vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable.
Coverage required for any and all work involving drilling, excavation,
etc.
TCMUD No. 1 108 of 261 20 JULY 2010
2.1.2 Business Automobile Liability including coverage for any owned, hired, or
non‐owned motor vehicles and automobile contractual liability.
2.1.3 Workers' Compensation ‐ statutory benefits as required by the State of Texas,
or other laws as required by labor union agreements, including Employers'
Liability coverage.
2.2 Auditor Errors and Omissions – Claims Made Basis
Auditor shall carry Auditor Liability insurance which will pay for injuries arising out of
errors or omissions in the rendering, or failure to render auditor services under the
contract, for the term of the contract documents and up to three (3) years after the
contract is completed in the amount following amount:
Auditor Errors and Omissions, Limit $1,000,000.
TCMUD No. 1 109 of 261 20 JULY 2010
APPENDIX H: INSURANCE REQUIREMENTS AFFIDAVIT
TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT AND RETURNED AS PART OF BID
I, the undersigned agent, certify that the insurance requirements contained in this proposal
document have been reviewed by me with the below‐identified auditor. If the below‐identified
auditor is awarded this contract by TCMUD 1, I will be able, within ten (10) working days after being
notified of such award, to furnish a valid insurance certificate to TCMUD 1, thus meeting all of the
requirements contained in this bid.
Agent Signature Agent Name (Print or Type)
Name of Insurance Carrier
Address of Agency
City/State/Zip Code
Phone Number
Name of Auditor (Print or Type)
SUBSCRIBED AND SWORN TO before me this ____________ day of __________________, 2010.
________________________________
Notary Public, State of Texas
NOTE TO AGENT
If this time requirement is not met, TCMUD 1 has the right to declare this vendor non‐responsive
and award the contract to the alternate auditor meeting the required specifications. If you have
any questions concerning these requirements, please contact TCMUD 1 at (682) 831‐4685.
TCMUD No. 1 110 of 261 20 JULY 2010
TCMUD 1 PROFESSIONAL AUDITING SERVICES RFP NO.: 2010-0720-01
32 OF 32
APPENDIX I: AUDITOR CHECKLIST
All information included in, attached to, or required by the RFP shall be public record upon delivery
to TCMUD 1. Please ensure, at a minimum, that the following have been attached:
1) Proposal as outlined in Section V: Specific Proposal Requirements (1 Original, 5 Copies).
2) Appendix E: Schedule of Professional Fees and Expenses (Separate Envelope).
3) Appendix F: References (3 Current and 3 Previous).
4) Appendix H: Insurance Requirement Affidavit.
5) If selected, document identifying person(s) to execute a contract on behalf of corporation,
partnership or joint venture, as outlined in Section V: Specific Proposal Requirements (Within
7 Days of Selection).
6) If selected, valid insurance certificate, as outlined in Appendix G ‐ H (Within 10 Days of
Selection).
7) If selected, Engagement Letter, as outlined in Section VII: Evaluation Process (Within 10 Days
of Selection).
TCMUD No. 1 111 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-92-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/14/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action regarding RFP for Utility Billing Services (Dataprose). (Moore)
Attachments:RFP 2010-0720-UB Services.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 112 of 261 20 JULY 2010
File #: 2010-92-M1, Version: 1
Title
Discuss and take appropriate action regarding RFP for Utility Billing Services (Dataprose). (Moore)
Body
Prior to resigning from Trophy Club, Finance Employee Linda Thoms advised that we were paying a premium for our UB
Services, and recommended that we go out for RFP since the contract with our current vendor, DataProse, will be up for
renewal this October. Ms. Thoms provided Staff with an RFP for UB Services that she used while at City of Corinth. Staff
recommends approval of this RFP for UB Services to see if we may receive a better rate on our UB Services.
NOTE: If we do decide to use Innoprise for our financials, we will need to amend this RFP by adding in information
relating that the software has to communicate with Innoprise .
TCMUD No. 1 113 of 261 20 JULY 2010
Request For Proposals
Trophy Club Municipal Utility District No. 1
Trophy Club, Texas
UTILITY BILL PRINTING AND MAILING SERVICES
RFP #2010‐0720‐UB
OPENING DATE:
MONDAY, SEPTEMBER 13, 2010, 2:00 P.M. CST
REQUEST FOR SEALED PROPOSALS RFP #2010‐0720
RETURN PROPOSAL TO:
TROPHY CLUB MUD 1
ATTN: MARY MOORE, MUD Secretary
100 Municipal Drive
Trophy Club, TX 76262
TCMUD No. 1 114 of 261 20 JULY 2010
PROPOSALS MUST BE RECEIVED NO LATER THAN 2:00 P.M. CST MONDAY SEPTEMBER 13, 2010.
MARK ENVELOPE: “RFP#2010‐0720‐UB; UTILITY BILL PRINTING AND MAILING SERVICES; DO NOT OPEN
UNTIL 2:00 P.M. CST MONDAY SEPTEMBER 13, 2010.
Qualified prospective Respondents may obtain copies of the Request for Proposal, at the MUD
Secretary’s office located at 100 Municipal Drive, Texas 76262, and at www.ci.trophyclub.tx.us Trophy
Club MUD 1 appreciates your time and effort in preparing a proposal.
The Trophy Club MUD 1 reserves the right to reject any and all proposals and to waive defects in
proposals. Proposals received after the deadline and/or received unsigned will not be considered for
award and shall be considered void and unacceptable. All costs for preparation and submission of
proposals shall be born by the submitter.
A public opening is scheduled for Monday, SEPTEMBER 13, 2010, 2:00 P.M. CST in the Boardroom – 100
Municipal Drive, Trophy Club, TX 76262. You are invited to attend, but attendance is optional.
No officer or employee of the Trophy Club MUD 1 shall have a financial interest, direct or indirect, in any
contract with the Trophy Club MUD 1.
Minority and small business vendors or contractors are encouraged to participate on any and all Trophy
Club MUD 1 projects. Please contact us if any requirements are causing you difficulty in responding to
our Request for Proposals.
Questions regarding this RFP must be addressed in writing to: Mary Moore, MUD Secretary, Trophy Club
MUD 1, 100 Municipal Drive, Trophy Club, TX 76262; mmoore@ci.trophyclub.tx.us FAX: 817‐431‐9312.
The deadline for questions is 2:00 P.M., Tuesday, September 7, 2010.
Any interpretations, corrections or changes to this Request for Proposals or specifications will be made
by addendum. The sole issuing authority of addendum is the responsibility of the Trophy Club MUD 1
MUD Secretary. Addenda will be provided to all who are known to have received a copy of this RFP and
will be posted on the MUD 1’s website at www.ci.trophyclub.tx.us Respondents shall acknowledge
receipt of all addenda by submitting an initialed copy with their proposal.
No bids may be withdrawn within forty‐five (45) days after date on which the bids are opened.
SUBMISSION CHECKLIST
Proposals must be submitted via this RFP form. Questions and required information fields are
included throughout this RFP. Supplemental information may be provided by bidders; however, MUD
1 reserves the right to reject any proposal not submitted on this RFP form.
Please submit one (1) original and two (2) copies of:
A. RFP form with all questions, information fields and applicable signature lines completed.
B. Completed Conflict of Interest Questionnaire.
C. Completed W‐9 form.
D. Signed addenda, if applicable.
TCMUD No. 1 115 of 261 20 JULY 2010
I. ANNOUNCEMENT AND SCOPE OF WORK
A. Announcement
Trophy Club MUD 1 is soliciting proposals for printing and mailing of utility bills, inserts and delinquent
notices. This service includes receiving and processing data transferred from MUD 1’s Utility Billing
Application Software on a two (2) times a month basis. The term of the contract will be for one (1) two
(2)‐year contract with three (3) optional one (1)‐year renewals.
B. Scope of Work
The Respondent is requested to thoroughly answer the following questions and provide supporting
documentation where applicable. The Respondent must provide the following services and meet or
exceed any requirements listed in section B items 1‐11. All quantities are estimates only and orders
will be placed on an as‐needed basis.
Trophy Club MUD 1 uses Stw Inc.’s Utility Billing Application Software. Stw Inc. can be contacted at 817‐
329‐1711 xt 204 and ask for Utility Billing Support. Billing data is transmitted in a “fixed field length /
fixed record length format”, and the specifications are contained in a separate PDF file – Exhibit “A”. If
your company is unable to work with this file type, Trophy Club MUD 1 could incur a customization
charge estimated at $3500.00 from Stw to change or modify this file format. The requirement of these
additional costs will be factored into the evaluation criteria for this award of contract. Trophy Club MUD
1 prefers that the Respondent have a geographically local production facility and at least one other
production facility located out‐of‐state in order to provide parallel coverage for disaster avoidance.
1. General Service and Requirements
A. Pursuant to the Fair and Accurate Credit Transaction Act of 2003 (FACTA), does your
company have secure access for data storage and online transmission through a secured
socket layer? If so, please provide a certificate of your secured socket layer.
B. Bills and late notices are generated on a one‐cycle basis:
1. Bills – monthly between the 28th and the 31st.
2. Late notices – monthly between the 21st and 24th.
Respondent agrees to meet this schedule. Yes _____ No _______
C. Our estimated annual utility bill volume is 50,000 with an estimated six (6) annual
inserts (44,000 regular bills and 6,000 late notices). Respondent must be capable of
meeting this volume requirement. Describe how you will meet this requirement or
provide documentation which supports this qualification.
D. Respondent must provide a single point of contact representing the account. The
contact information is as follows: ________________________________________
E. Respondent agrees to provide, free of charge, proofs of forms, envelopes and inserts
during production of monthly bills and late notices. Yes ______ No ______
F. Respondent agrees to store all forms and envelopes that will be used for the MUD’s
billing and mailing in a climate‐controlled warehouse. Yes ______ No ______
TCMUD No. 1 116 of 261 20 JULY 2010
G. Respondent can and will merge multiple statements with the same address into the
same envelope. Yes ______ No ______
H. The Trophy Club MUD 1 currently has Stw Inc. as their software provider. Does
Respondent currently have a working relationship with Stw Inc?
Yes ______ No ______
I. Is your company able to accept electronic data transmissions 24/7/365?
Yes ______ No ______
J. Respondent can perform custom programming, as needed? Yes ______ No ______
K. Provide a list of all facility locations.
L. Respondent can provide a system password that is controlled by Trophy Club MUD 1,
which allows system administrators to add, edit, or delete users.
Agree ______ Disagree ______
M. Respondent has online tracking availability to allow Trophy Club MUD 1 to view the
status of their current and past billings? Yes _____No _____ Example attached? ______
N. Trophy Club MUD 1 has various inserts printed. What file format(s) does the MUD have
to send its document in (i.e. Word document, pdf, etc.)?
O. System Reports: Does your company provide online or email capabilities for the
following reports? If so, please indicate which method, if any, next to the following
report descriptions. Please attach copies of your company’s system reports to this RFP.
1. USPS report detailing mailing groups with number of bills processed, number of
impressions and postage cost. Yes______ No______ Example attached?__
2. Flyer insert summary with description and number of inserts. Yes____ No____
Example attached? _______
3. Additional information, including expected number of bills received versus actual
bills printed; expected bill date received versus actual bill date printed; total current
charges of bills processed; total amount due of bills processed; total amount due of
bill processed with no credit balances; and due date (from Source Data File) ?
Yes ______ No_______ Example attached? _______
4. A complete text listing of all bills processed detailing account number, account
name, and plus four mailing address. Yes _____ No_______
Example attached? _______
5. Move Update Output Summary detailing account number, account name, old
mailing address, new mailing address and effective date? Yes ____ No_____
Example attached? _______
TCMUD No. 1 117 of 261 20 JULY 2010
6. Mover ID Summary – NCOA Link Processing Summary Report provided in PDF and
text formats? Yes ______ No______ Example attached? ________
7. A listing of all completed jobs? Yes _____ No ______
Example attached? _______
8. A historical list of all bill messages with editing capabilities? Yes_____ No_____
Example attached? ______
P. Provide description of data security methods. ______________________________
2. Transmission of Electronic Data Requirements (Answer by checking yes or no after
question.)
A. Trophy Club MUD 1 utilizes the following methods of transmitting billing information via
FTP, HTTP, email and disk. Can respondent receive information through one of these
methods? Yes ______ No _____
B. Our billing data is in a fixed field length / fixed record length format from Stw Inc. Can
Respondent work with this file format? Yes ______ No ________
C. If Respondent does not accept file format in item B, is Respondent willing to off‐set the
MUD’s license and software maintenance fees or make the necessary changes to your
company’s software so that you can accept file format in item B? Yes ______ No
________
D. Is Respondent able to provide a receipt of file confirmation to person(s) specified by the
Trophy Club MUD 1 before data is processed? Yes ______ No ______
If yes, by what means? ___________________
3. Preprint Requirements
A. Is Respondent CASS certified to ensure the lowest possible postage costs and does
Respondent stay updated with all USPS changes and USPS notifications?
Yes______ No_______
B. Does Respondent have the ability to mail merge bills with the same mailing address?
Yes ________ No _______
C. Does Respondent have the ability to manipulate print‐ready data into our existing bill
format? Yes _______ No _______
TCMUD No. 1 118 of 261 20 JULY 2010
4. Access to Electronic Bill Image Requirements
A. Can Respondent provide secured access for MUD staff to retrieve exact replicas of
customer bills in PDF format for a period of 12 months? Yes ______ No _______
If yes, can the replica be emailed to the customer from your site? Yes ______No _____
B. If the above answer is yes, do you provide a search capability based on account number,
date or date range? Yes ______ No _______
5. Approval of Forms and Envelope Orders Requirements (Check yes or no after requirement.)
A. Respondent agrees that all orders for print stock and envelopes shall be approved by
the Trophy Club MUD 1. Yes _______ No ______
B. Respondent will provide proofs upon request by the MUD for approval prior to sending
to print. Yes _______ No _______
C. Respondent agrees that all artwork generated by Respondent in order to provide
services to the MUD under this proposal shall become the property of the Trophy Club
MUD 1. Yes ________ No ________
D. If any of the answers to the foregoing questions above (listed under 5A‐C) are “No,”
please explain why:
________________________________________________________________
6. Bill Printing Requirements (Check yes or no after requirement.)
A. All bills are printed on 8 ½ x 11 white 20 lb. bond stock paper. Agreed?
Yes _____ No ______
B. Top portion of bill is for customer retention and contains billing information. Agreed?
Yes _____ No ______
C. Bottom portion of bill shall be perforated to produce a return stub 8 ½ x 3 ½ inches to
be used as remittance slip with their payment. Agreed? Yes ______ No ______
D. Bills are tri‐folded on perforation. Agreed? Yes _______ No ________
E. All printing shall be laser 600 DPI or greater. Agreed? Yes _______ No ________
F. 2/0 ink colors, blue and black for standard bills, red and black for late notices; both to be
approved by the MUD. Second colors are not pre‐printed. Agreed? Yes ______ No
______
G. Forms are simplex printed. Agreed? Yes _______ No ______
H. Bill print font is in Times New Roman. Agreed? Yes ______ No ______
TCMUD No. 1 119 of 261 20 JULY 2010
I. Proofs must be approved by the MUD with any programming change prior to
implementation of changes. Agreed? Yes ______ No _______
J. Respondent must be able to print thirteen (13) month usage graph on bills. Agreed?
Yes ______ No _______
K. Bill must have an area available for messages created by MUD personnel. Agreed?
Yes ______ No ______
L. Can Respondent duplicate our current bill format? (see Attachment “A”). Agreed?
Yes ______ No _______
M. If any of the answers to the foregoing questions above (listed under 6A‐L) are “No,”
please explain why: _________________________________________________
7. Envelope Requirements (Check yes or no after requirement.)
A. Mailing envelopes and return envelopes are furnished by Respondent. Agreed?
Yes ______ No _______
B. Mailing envelopes are standard #10 window envelopes with two clear plastic windows
and standard glue, not self‐sticking adhesive (see pdf file #10 env front and back).
Agreed? Yes ______ No _______
C. Mailing envelopes must meet USPS bar code requirements. Agreed?
Yes ______ No ______
D. Return envelopes are standard #9 one open window envelope (no plastic behind
opening) with return address lines in upper left hand corner. Envelope has standard glue
as opposed to self‐sticking adhesive (see pdf attachment #9 env front view and #9 env
back view). Agreed? Yes ______ No ______
E. Mail merging envelopes for over‐sized mail are 9” x 12” and should be large enough to
accommodate up to 75 bills. Agreed? Yes ______ No ______
F. All envelopes must include cross‐hatching on the inside of the envelope. Agreed?
Yes ______ No ______
G. If any of the answers to the foregoing questions above (listed under 7A‐F) are “No,”
please explain why: _________________________________________________
8. Mailing Services (Check yes or no after requirement.)
A. Bills are to be mailed first class presorted. Agreed? Yes ______ No ______
B. The MUD’s mail runs must be stand alone instead of co‐mingled mail runs. Agreed?
Yes _______ No _______
TCMUD No. 1 120 of 261 20 JULY 2010
C. Trophy Club MUD 1 typically mails bills once a month and late notices once a month.
Agreed? Yes ______ No ______
D. Bills must be delivered to USPS within one (1) business day after receiving data file by
12:00 noon CST from Trophy Club MUD 1. Agreed? Yes ______ No _______
E. Postage is paid by vendor and billed to Trophy Club MUD 1 at no mark‐up. Agreed?
Yes _______ No ______
F. Automatic Address Correction – ability to use USPS National Change of Address
database to update addresses before bills are mailed. Agreed? Yes ______ No ______
G. Respondent must meet all USPS requirements and maintain updated mailing processes.
Agreed? Yes ______ No ______
H. Trophy Club MUD 1 does not have its own mailing permit; therefore, the Respondent
must have its own permit. Does Respondent have a mailing permit?
Yes ______ No ______
I. The Respondent agrees to return all undeliverable mail back to the MUD. Agreed?
Yes ______ No ______
J. If any of the answers to the foregoing questions listed above (listed under 8A‐I) are
“No,” please explain why: _________________________________________________
9. Invoicing – Trophy Club MUD 1, in accordance with the State of Texas Prompt Payment Act,
Chapter 2251, Government Code, will pay vendor within thirty (30) days of whichever
occurs last: receipt of invoice or receipt/delivery of goods and services.
A. The MUD will be billed monthly.
B. Invoice must itemize the number of regular bills and late notices, mailing services and
postage amount separately.
C. Invoice must include total number of statements printed for the billing period.
D. Respondent can meet and agree to the above requirements listed as 9A‐9C?
Yes ______ No ______ If “No,” please indicate which ones you cannot meet:
__________________________________________________________________
10. Training – Will Respondent provide training, as needed, to insure continuity of the process?
Yes _______ No ______ If “Yes,” please describe training procedures and applicable costs.
__________________________________________________________________________
11. Warranty – Respondent agrees that if Respondent’s personnel or equipment make an error
in printing or mailing statements, Respondent will, at its sole cost, correct the error and
reprint and/or mail additional statements. Agreed? Yes ______ No _______
TCMUD No. 1 121 of 261 20 JULY 2010
Alternative Services: Insert Printing
(Services may be requested on an as‐needed basis. The cost of these services does not factor
into price for award of contract.)
A. All inserts are printed on 20‐lb. white paper stock and are folded in thirds.
B. The MUD issues approximately six (6) inserts annually.
C. Proofs (at no cost) may be requested by the MUD for approval prior to printing.
D. All artwork becomes the property of Trophy Club MUD 1.
E. All printing must be in 600 dpi or greater.
F. The MUD will provide the text for the inserts. The Respondent is responsible for design
and layout of the inserts.
G. Can Respondent agree and comply with the above described requirements? If not,
please explain why: _________________________________________________
II. EVALUATION CRITERIA
The contract will be awarded to the lowest responsible bidder who provides the goods and services
at the best value for the MUD. In determining the best value for the MUD, the MUD will consider:
CRITERIA WEIGHTED PERCENTAGE
1. Price which includes start up and other costs 50%
2. Ability to meet requirements as specified in Section B1‐11 50%
GENERAL TERMS AND CONDITIONS
1. ADDENDA: Any interpretations, corrections or changes to this Request for Proposal and specifications
will be made by addenda. Sole issuing authority of addenda shall be vest in the Trophy Club MUD 1 MUD
Secretary. Addenda will be mailed, emailed, or faxed to all who are known to have received a copy of
this Request for Proposal. Respondents shall acknowledge receipt of all addenda by submitting an
initialed copy with their bid.
2. ALTERING BIDS: Proposals cannot be altered or amended after submission deadline. Proposals must
be honored for forty‐five (45) days after RFP deadline of SEPTEMBER 13, 2010. The signer of the
proposal, guaranteeing authenticity, must initial any interlineations, alterations or erasures made before
opening time.
3. APPROPRIATION CLAUSE: Funds for payment have been provided through Trophy Club MUD 1 budget
approved for this fiscal year only. State of Texas statues prohibit the obligation and expenditure of
public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders
TCMUD No. 1 122 of 261 20 JULY 2010
or other obligations that may arise past the end of the current Trophy Club MUD 1’s fiscal year (9/2011)
shall be subject to budget approval. If funds are not approved, the MUD will notify the successful
proposer in writing within fourteen (14) calendar days
4. ASSIGNMENT: The successful respondent shall not sell, assign, transfer or convey this contract, in
whole or in part, without the prior written consent of the Trophy Club MUD 1.
5. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the
terms, conditions or specifications stated in the resulting contract. Trophy Club MUD 1’s MUD Secretary
will make all change orders to the contract in writing and obtain approval, as required, from the Board
of Directors and/or District Manager.
6. CALCULATIONS: The bid price of each item must be stated in words and numerals. Words take
precedence in case of a conflict. In the case of a conflict between the unit price indicated and the
extended amount shown, the unit price indicated multiplied by the stated quantity shall govern.
7. CONTRACT: This proposal, when properly accepted by the Trophy Club MUD 1, shall constitute a
contract equally binding between the successful proposer and the Trophy Club MUD 1. No different or
additional terms will become part of this contract with the exception of change orders.
8. DECEPTIVE TRADE PRACTICES/UNFAIR BUSINESS PRACTICES: The proposer represents and warrants
that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. &
Com. Code Chapter 17, or allegations of any unfair business practice in any administrative hearing or
court suit that the proposer has not been found to be liable for such practices in such proceedings.
9. ETHICS: The respondent shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of Trophy Club MUD 1.
10. EXCEPTIONS/SUBSTITUTIONS: All proposals meeting the intent of this RFP will be considered for
award. Respondents taking exception to the specifications, or offering substitutions, shall state these
exceptions in the section provided or by attachment as part of the proposal. The absence of such a list
shall indicate that the proposer has not taken exceptions and shall hold the proposer responsible to
perform in strict accordance with the specifications of the invitation. Trophy Club MUD 1 reserves the
right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest
of the MUD.
11. FELONY CRIMINAL CONVICTIONS: The proposer represents and warrants that neither the proposer
nor the proposer’s employees have been convicted or are under investigation of a felony criminal
offense, or that, if such a conviction has occurred, the bidder has fully advised Trophy Club MUD 1 as to
the facts and circumstances surrounding the conviction.
12. FORCE MAJEURE: Force majeure is defined as acts of God, war, strike, fires, explosions, or other
causes that are beyond the reasonable control of either party and that by exercise of due foresight, such
parties could not have reasonably been expected to avoid, and which, by the exercise of all reasonable
due diligence, such parties are unable to overcome. Neither the successful bidder nor the Trophy Club
MUD 1 is liable for delays or failures of performance due to force majeure. Each party must inform the
other in writing with proof of receipt within three (3) business days of the existence of force majeure.
TCMUD No. 1 123 of 261 20 JULY 2010
13. INDEMNITY AGREEMENT:
THE SUCCESSFUL RESPONDENT HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND
DEFEND THE MUD, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING
OUT OF OR IN CONNECTION WITH THE ACTUAL OR ALLEGED MALFUNCTION, DESIGN OR
WORKMANSHIP IN THE MANUFACTURE OF EQUIPMENT, THE FULFILLMENT OF CONTRACT, OR THE
BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS CONTRACT. SUCH INDEMNITY SHALL
APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART
FROM (I) THE NEGLIGENCE OF THE SUCCESSFUL RESPONDENT, AND/OR THEIR RESPECTIVE OFFICERS,
AGENTS AND/OR EMPLOYEES OR (II) THE NEGLIGENCE OF THE SUCCESSFUL RESPONDENT, ITS
OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
RESPONDENT AND THE MUD, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY RESPONDENT TO INDEMNIFY AND PROTECT THE MUD FROM THE CONSEQUENCE OF (I)
THE CONTRACTOR’S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE CAUSE OF THE INJURY,
DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL
HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY
WHERE IN INJURY, DEATH OR DAMAGE RESULTS FROM THE NEGLIGENCE OF THE MUD. IN THE EVENT
ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE MUD BY REASON OF ANY OF THE ABOVE,
THE RESPONDENT AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL
ACCEPTABLE TO THE MUD. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
14. INSURANCE: Successful respondent is to carry, maintain and furnish to Trophy Club MUD 1 required
insurance coverage including workers compensation.
15. INVOICES: Shall contain successful respondent’s name and address, Trophy Club MUD 1’s purchase
order number, receiving department’s name and address, item description including item number,
quantity and price. Invoices shall be mailed directly to Trophy Club MUD 1 Attention: Accounts Payable,
100 Municipal Drive, Trophy Club, TX 76262.
16. LATE PROPOSALS: Trophy Club MUD 1 reserves the right to reject late proposals. Trophy Club MUD 1
is not responsible for lateness or non‐delivery of mail, carrier, etc. and the date/time stamp in the MUD
Secretary’s Office shall be the official time of receipt. Proposals received after the deadline will be
returned un‐opened.
17. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE RESPONDENTS: A prospective proposer
must affirmatively demonstrate proposer’s responsibility by meeting the following requirements:
1. Have adequate financial resources or the ability to obtain such resources
2. Be able to comply with the required or proposed delivery schedule
3. Have a satisfactory record of performance
4. Have a satisfactory record of integrity and ethics
5. Not be on the State of Texas debarred vendor list or on the Federal Excluded Parties List
TCMUD No. 1 124 of 261 20 JULY 2010
20. PATENTS/COPYRIGHTS: The successful respondent agrees to protect Trophy Club MUD 1 from claims
involving infringements of patents and/or copyrights.
19. PAYMENT: Will be made upon receipt and acceptance by the MUD for item(s) or service(s) ordered
and delivered after receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act,
Chapter 2251, Government Code. Successful respondent is required to pay subcontractors within ten
(10) days of work performed.
20. PURCHASE ORDER: Trophy Club MUD 1 shall generate a purchase order(s) to the successful
respondent. The purchase order number must appear on all itemized invoices and packing slips. Trophy
Club MUD 1 will not be held responsible for any orders placed or delivered without a valid current
purchase order number.
21. REFERENCES: Trophy Club MUD 1 requests proposer to supply, with its RFP, a list of at least three (3)
references where their firm supplied like services. Please include name of firm, address, telephone
number and name of representative.
22. REMEDIES: The successful respondent and Trophy Club MUD 1 agree that both parties have all
rights, duties and remedies available in accordance with the laws of the State of Texas.
23. REQUIRED DOCUMENTATION: In response to this request for proposals, all documentation required
by this RFP must be provided. Failure to provide this information may result in rejection of proposal.
24. SALES TAX: Trophy Club MUD 1 is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax. Bidder shall include any sales taxes from concession sales of taxable items on MUD property in the
total price of the sale, and shall be responsible to report and pay such taxes in a timely manner.
25. SAMPLES: May be requested, free of expense, by Trophy Club MUD 1 and may be picked up by the
proposer following the final award of the contract or sooner, as determined by the Purchasing Agent for
Trophy Club MUD 1. Requests for the return of samples need to be included with the proposal.
26. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these
requirements or specifications shall be held invalid, such holding shall not affect the remaining portions
of these requirements and the specifications and it is hereby declared that such remaining portions
would have been included in these requirements and the specifications as though the invalid portion
had been omitted.
27. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the
apparent omission from it of a detailed description concerning any point shall be regarded as meaning
that only the best commercial practices are to prevail. All interpretations of these specifications shall be
made based on this statement.
28. TERMINATION OF CONTRACT: The negotiated contract shall remain in effect until contract expires,
delivery and acceptance of products and/or performance of services ordered or terminated by either
party with a ninety (90) day written notice prior to any cancellation. The successful respondent must
state therein the reasons for such cancellation. Trophy Club MUD 1 reserves the right to award
cancelled contract to next responsible proposer as it deems to be in the best interest of the MUD.
TCMUD No. 1 125 of 261 20 JULY 2010
29. TERMINATION FOR DEFAULT: Trophy Club MUD 1 reserves the right to enforce the performance of
the negotiated contract in any manner prescribed by law or deemed to be in the best interest of the
MUD in the event of breach or default of this contract. Trophy Club MUD 1 reserves the right to
terminate the contract in the event the successful respondent fails to:
1. Meet schedules
2. Pay any fees
3. Otherwise perform in accordance with these specifications
In the event the successful respondent shall fail to perform, keep or observe any of the terms and
conditions to be performed, kept or observed, Trophy Club MUD 1 shall give the successful respondent
written notice of such default; and in the event said default is not remedied to the satisfaction and
approval of the MUD within ten (10) working days of receipt of such notice by the successful
respondent, default will be declared and all the successful respondent’s rights shall terminate.
Respondent, in submitting this proposal, agrees that Trophy Club MUD 1 shall not be liable to
prosecution for damages in the event that the MUD declares the respondent in default.
30. VENUE: Respondent shall comply with all Federal and State laws and Town Ordinances and Codes
applicable to the Respondents operation under this contract. These Specifications and the contract
resulting here from shall be fully governed by the laws of the State of Texas, and shall be fully
performable in Denton County, Texas, where venue for any proceeding arising hereunder will lie.
31. WAGES: Successful respondent shall pay or cause to be paid, without cost or expense to the Trophy
Club MUD 1, all Social Security, Unemployment and Federal Income Withholding Taxes of all such
employees and all such employees shall be paid wages and benefits as required by Federal and/or State
Law. Wages must be equal to or more than the general prevailing rate of per diem wages for work of a
similar character performed in Trophy Club MUD 1.
32. WITHDRAWAL OF BID: A proposal may be withdrawn so long as it is received in writing from an
authorized representative of the respondent prior to RFP deadline of SEPTEMBER 13, 2010 at 2:00 p.m.
TCMUD No. 1 126 of 261 20 JULY 2010
BID PROPOSAL
_________________, 2010
TO: Trophy Club MUD 1
PROPOSAL FOR: UTILITY BILL PRINTING AND MAILING SERVICES
The undersigned bidder has carefully examined the Request for Proposal, the Contract, the General
Terms and Conditions of this RFP and the Specifications, and will provide all necessary labor,
superintendence, machinery, equipment, tools, materials, services, permits, and other facilities to
complete fully all the work as provided in the Request for Proposal; and has executed the contract in
this Request for Proposals.
Receipt is acknowledged of the following addenda (if applicable):
Date By
Addendum No. 1 ______________ ________________________
Addendum No. 2 ________________ ________________________
Addendum No. 3 ________________ ________________________
Addendum No. 4 ________________ ________________________
Respectfully submitted,
By _______________________________
__________________________________
(Print Name and Title)
__________________________________
Company Name
TCMUD No. 1 127 of 261 20 JULY 2010
PRICE PROPOSAL SUMMARY
No fees other than those itemized below are permissible.
Item description Unit of measure Amount
Paper bill (Includes: data processing and simplex, 2‐color,
laser imaging, 8.5”x11” at 3.5” from bottom, #10 double
window envelope, #9 single window reply envelope,
folding, inserting, presorting and delivery to USPS)
Per bill
Search and view online bills (Includes: data processing, pdf
creation, search and access capabilities and hosting of pdf
files)
Per bill
Mail forwarding service Per Address
Oversized surcharge (8‐99 page bills) 50 envelopes per month Per envelope
Additional inserts (Inserting only – MUD furnishes
completed inserts to vendor) Per bill
Additional inserts (Folding and inserting only‐ MUD furnishes
pre‐printed inserts to vendor) Per bill
Custom programming (Includes: additional set‐up charges
and custom reports) Per hour
Postage (first class presorted) for #10 envelope with bill,
remittance envelope and one insert Per envelope
Postage for oversized mail (8‐99 page bills in a 9” x 12”
envelope) 50 envelopes per month Per envelope
Postage deposit required? (If yes, how much?) Yes or No
Fuel cost surcharge for delivery of bills to USPS Yes or No
Start‐up cost
Training Per hour
Other charges not listed
Alternative services:
Additional inserts, one color duplex on white 20 lb. non‐
glossy stock (Includes: designing, printing, folding and
inserting)
Per bill
Additional inserts, full color duplex on white 20 lb. glossy
stock (Includes: designing, printing, folding and inserting) Per bill
Additional inserts, full color duplex on white 20 lb. non‐
glossy stock (Includes: designing, printing, folding and
inserting)
Per bill
TCMUD No. 1 128 of 261 20 JULY 2010
REFERENCES
Each respondent is to provide a minimum of three (3) verifiable references in which the respondent has
provided similar products or services. Please indicate which utility billing software the reference
company uses.
Company Name: ___________________________________________________
Software: __________________________________________________________
Contact person: ____________________________________________________
Telephone: ( ) ____________________________________________
Product/Service provided: ____________________________________________
Company Name: ___________________________________________________
Software: __________________________________________________________
Contact person: ____________________________________________________
Telephone: ( ) ____________________________________________
Product/Service provided: ____________________________________________
Company Name: ___________________________________________________
Software: __________________________________________________________
Contact person: ____________________________________________________
Telephone: ( ) ____________________________________________
Product/Service provided: ________________________________________________
TCMUD No. 1 129 of 261 20 JULY 2010
RESPONDENT’S INFORMATION FORM
COMPANY’S FULL BUSINESS NAME:
PHYSICAL ADDRESS:
PHONE #:
FAX #:
CONTACT PERSON FOR THIS RFP:
PHONE #:
EMAIL:
REMITTANCE ADDRESS:
BILLING PHONE #:
BILLING FAX #:
BILLING CONTACT PERSON:
PAYMENT TERMS/DISCOUNT:
COMPANY TAX ID #:
TCMUD No. 1 130 of 261 20 JULY 2010
RESPONDENT’S CERTIFICATION
The 1985 Texas Legislature passed HB 620 relating to qualification by nonresident contractors. The
pertinent portion of the Act has been extracted and is as follows:
Section 1. (a)
(2) “Nonresident Respondent” means a Respondent whose principal place of business is not in this state,
but excludes a contractor whose ultimate parent company or majority owner has its principal place of
business in this state.
(3) “Texas Resident Respondent” means a Respondent whose principal place of business is in this state,
and includes a contractor whose ultimate parent company or majority owner has its principal place of
business in this state.
(b) The state or a governmental agency of the state may not award a contract for general construction,
improvements, services, or public works projects or purchases of supplies, materials, or equipment to a
nonresident Respondent unless the nonresident’s statement of qualifications is lower than the lowest
statement of qualifications submitted by a responsible Texas resident Respondent by the same amount
that a Texas resident Respondent would be required to under‐propose a nonresident Respondent to
obtain a comparable contract in the state in which the nonresident’s principal place of business is
located.
I certify that __________________________________________ is a resident Respondent of Texas as
defined in HB 620.
(Company Name)
Signature _________________________________
Print Name _______________________________
I certify that ___________________________________________ is a Nonresident Respondent as
(Company Name)
defined in HB 620 and our principal place of business is:
___________________________________________________________________________.
(City and State)
Signature _________________________________
Print Name __________________________
TCMUD No. 1 131 of 261 20 JULY 2010
CONTRACT
I.
Conditioned upon Vendor being selected by the MUD to be awarded bid items set out in RFP#2010‐0720 Utility Bill
Printing and Mailing Services, Vendor does hereby agree to sell, lease, furnish and / or deliver the items, goods or
services to MUD in accordance with the terms of Vendor’s proposal as contained in the Vendor’s Proposal Form and
Specifications, a copy of which is attached as Exhibit A, and which is incorporated herein.
II.
MUD agrees to pay to Vendor the unit price listed upon the Proposal form and Specifications with payment being
subject to any discount terms stated upon the attached Proposal Form and Specifications and subject to any
payment terms contained elsewhere within this contract and its attachments. Any purchase of items or services so
that the cumulative total of payments under this contract exceeds the amount authorized in the MUD Board
Resolution or motion awarding bid to Vendor will require additional authorization.
III.
The date of any payment, whether net or gross, shall be determined by calculating the number of days after
receipt of invoices from Vendor, provided, however, that such invoices shall be subject to verification as to
quantities and quality herein provided.
IV.
Vendor may not assign or sub‐let the whole or any portion of this contract without the prior written authorization
and permission of the MUD.
V.
Venue of any court action brought directly or indirectly by reason of this contract shall be in Denton County, Texas.
This contract is made and is to be performed in Denton County, Texas.
VI.
In addition to any other provisions relating to termination, if Vendor fails in any manner to fully perform each and
all of the terms, conditions and covenants of this contract, Vendor shall be in default. The MUD shall give notice of
default to Vendor. In the event that Vendor continues in default for a period of ten (10) working days after receipt
of the above‐mentioned notice of default, the MUD may terminate or cancel this Contract and seek all remedies
available at law or in equity. In the event that any party to this Contract defaults in the performance of any of the
terms, agreements, or conditions contained herein and the enforcement of this Contract, or any part thereof, is
placed in the hands of any attorney who files suit upon the same, the nonprevailing party shall pay the reasonable
and necessary attorney’s fees of the prevailing party, as provided by Section 271.159 of the Texas Local
Government Code.
TCMUD No. 1 132 of 261 20 JULY 2010
EXECUTED this the _____ day of _____________, A.D. 2010.
ATTEST:[If Vendor is Corporation] VENDOR
Signature ______________________________________
Name _________________________________
Title _________________________________
Company Name_________________________________
[Appropriate Acknowledgment must be completed]
CORPORATE ACKNOWLEDGMENT
THE STATE OF ____________________ §
COUNTY OF ______________________ §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day
personally appeared:
_______________________________ _______________________________
(Print Name) (Print Title)
of the corporation known as _____________________________________________, known to me to be
the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of said corporation, that he or she was duly authorized to perform the same
by appropriate resolution of the board of directors of such corporation and that she or he executed the
same as the act of such corporation for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ________________, A.D., 2010.
_________________________________
My Commission expires: _________________
Notary Public In and For
_______________County, ____________
TCMUD No. 1 133 of 261 20 JULY 2010
SINGLE ACKNOWLEDGMENT
THE STATE OF _______________ §
§
COUNTY OF _________________ §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day
personally appeared __________________________________ known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of __________, A.D., 2010.
_________________________________
My Commission expires:________________________
Notary Public In and For
_______________County, ____________
PARTNERSHIP ACKNOWLEDGMENT
THE STATE OF ______________ §
COUNTY OF ________________ §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day
appeared:
___________________________________ _______________________________
(Print Name) (Print Title)
of ______________________________________________________________________ a partnership,
known to me to be the person and partner whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said partnership, and that she or he was duly
authorized as a partner of such partnership to perform same for the purpose and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ____________, A.D., 2010.
_________________________________
My commission expires: _____________________
Notary Public In and For
_______________County, ___________
TCMUD No. 1 134 of 261 20 JULY 2010
RFP# 2010‐0720 Utility Bill Printing and Mailing Services
CONTRACT WITH _______________________________________________
TROPHY CLUB MUD 1, TEXAS
By _________________________________________
Robert L. Scott, District Manager
Attest:
__________________________________________
Mary Moore, MUD Secretary
Approved as to legal form:
__________________________________________
MUD 1 Attorney
The above instrument was acknowledged before me this _________ day of _______________, 2010, by
___________________________, District Manager of Trophy Club MUD 1, Trophy Club, Texas, on behalf
of said MUD.
____________________________________________
Notary Public, State of Texas
TCMUD No. 1 135 of 261 20 JULY 2010
TCMUD 1 RFP 2010‐0720 –UB ‐ UTILITY BILL PRINTING AND MAILING SERVICES
23
EXHIBIT A
RESPONDENT’S PROPOSAL
(24 PAGES)
TCMUD No. 1 136 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-96-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/18/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action to approve the private sale of the Fire Department's 1999 Ford
Brush Truck. (Chief Thomas)
Attachments:BillOfSale-BrushTruck.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 137 of 261 20 JULY 2010
File #: 2010-96-M1, Version: 1
Title
Discuss and take appropriate action to approve the private sale of the Fire Department's 1999 Ford
Brush Truck. (Chief Thomas)
Body
[Enter body here.]
TCMUD No. 1 138 of 261 20 JULY 2010
TCMUD No. 1 139 of 261 20 JULY 2010
TCMUD No. 1 140 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-37-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:2/24/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:5/18/2010
Title:Receive report from Staff and/or Attorney(s) regarding update of MUD 1 Fire Plan; and possible action
regarding same.
Attachments:
Action ByDate Action ResultVer.
Trophy Club Municipal Utility
District No. 1
6/15/2010 1
TabledTrophy Club Municipal Utility
District No. 1
3/16/2010 1
TCMUD No. 1 141 of 261 20 JULY 2010
File #: 2010-37-M1, Version: 1
Title
Receive report from Staff and/or Attorney(s) regarding update of MUD 1 Fire Plan; and possible action
regarding same.
Body
[Enter body here.]
TCMUD No. 1 142 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-90-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/14/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action regarding Fort Worth Water Contract.
Attachments:Ft Worth Water-Agreement Letter.pdf
FW-Agreement for Water Service-062810.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 143 of 261 20 JULY 2010
File #: 2010-90-M1, Version: 1
Title
Discuss and take appropriate action regarding Fort Worth Water Contract.
Body
[Enter body here.]
TCMUD No. 1 144 of 261 20 JULY 2010
June 28, 2010
Voting Members and Alternates
Wholesale Customer Advisory Committee
Re: Agreement for Water Service and Final Adoption Schedules
Enclosed please find the final draft of the revised Agreement for Water Service. Since
my last letter we have met with a group of Customers and made two significant
changes:
Street Rental – Definition 1.25 establishes the Street Rental percentage at 5%. Street
Rental can only be increased one percentage point every five years beginning in 2016
and shall never be increased to exceed the percentage charged to the natural gas
franchised utility in Fort Worth or Fort Worth Retail customers, whichever is less. Street
Rental will also not be charged on PILOT.
Transfers from General Fund – In Section 6.1.2 we struck from the list of items included
in System Cost “any lawfully imposed transfers from the General Fund” and instead
specifically listed Street Rental and Payment in Lieu of Taxes.
We believe these changes have substantially addressed the concerns of a number of
Customers. Three copies of the final Agreement are enclosed along with a redline copy
showing the changes discussed above.
As shown in the attached redline of the agreement, showing changes from the draft that
was sent to you on June 11, 2010, we have included several other clean-up changes.
We updated the table of contents, added two missing “§” symbols in 2.6; added
“including pipelines” to clarify a question about the term “special facilities” in § 3.3; and
changed the termination date from September “31” to September 30 in Article 9.
We would like for all Customers to take the Agreement to their Governing Bodies in
July. We need to have them approved by July 31 so that we may proceed with approval
by the Fort Worth City Council. Please contact Skipper Shook at 817-392-8402 or by
email at Robert.Shook@fortworthgov.org with your expected Approval Date. Once
your Governing Body has approved, please return the three executed copies to him at
Water Department, 1000 Throckmorton, Fort Worth, TX 76102.
TCMUD No. 1 145 of 261 20 JULY 2010
June 9, 2010
Page 2
Please feel free to call me at 817-392-8246, and thank you for your continued work on
this process.
Yours truly,
S. Frank Crumb, P.E.
Water Director, City of Fort Worth
Cc: Fernando Costa, Assistant City Manager
TCMUD No. 1 146 of 261 20 JULY 2010
AGREEMENT FOR WATER SERVICE BETWEEN
THE CITY OF FORT WORTH, TEXAS, AND
_________________________, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
This Contract and Agreement (“Agreement”) is made and entered into this __ day of
_________, 20__, by and between the City of Fort Worth, a municipal corporation located in
Tarrant County, Texas, acting by and through _____________, its duly authorized Assistant City
Manager, hereinafter called “Fort Worth,” and ___________________, located in ________
County, Texas, acting by and through _____________, its duly authorized ____________,
hereinafter called “Customer,” and hereinafter collectively referred to as the “Parties”.
WHEREAS, Fort Worth has provided at its own expense, and now owns, operates and
maintains facilities for processing and distributing a large supply of surface water, and at the present
time, is qualified to furnish and deliver treated water, both within and without the corporate
boundaries of Fort Worth;
WHEREAS, Customer has provided at its own expense and now owns, operates, and
maintains a distribution system, and furnishes water service to the customers within its boundaries;
WHEREAS, Customer does not have and cannot provide economically and within a
reasonable period of time, any other source of water supply, fully adequate to meet its present
and/or future needs or potential emergency needs;
WHEREAS, it is deemed to be in the best interest of both Fort Worth and Customer that the
Parties enter into a mutually satisfactory agreement by means of which Customer may obtain from
Fort Worth a supply of treated water at a reasonable rate;
WHEREAS, by the execution of this Agreement, neither Fort Worth nor Customer will surrender
any of its rights to the ownership and operation of its present water production and distribution
facilities;
WHEREAS, Customer desires to continue to contract for the purchase of treated water and
Fort Worth desires to continue to sell treated water to Customer;
WHEREAS Customer and Fort Worth desire to provide for reasonable wholesale contract
rates for the purchase of treated water sufficient to assure confidence in the financial soundness of
the Fort Worth utility, adequate to maintain and support the utility’s credit and sufficient to
enable Fort Worth to raise the money necessary for the proper discharge of its public duties in the
provision of water service and
WHEREAS, Chapters 552 of the Texas Local Government Code and 791 of the Texas
Government Code authorize Fort Worth and Customer to enter into this Agreement.
TCMUD No. 1 147 of 261 20 JULY 2010
Agreement for Water Service 2
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS that for and in consideration
of the mutual covenants, promises and agreements contained herein, Fort Worth and Customer
do hereby covenant and agree as follows:
Table of Contents
ARTICLE 1. Definitions........................................................................................................... 5
1.1 Annual Consumption.................................................................................................... 5
1.2 Average Daily Use........................................................................................................ 5
1.3 Calendar Day ................................................................................................................5
1.4 Capital Improvements................................................................................................... 5
1.5 Chapter 395................................................................................................................... 5
1.6 Customer’s Service Area .............................................................................................. 5
1.7 Customer System.......................................................................................................... 5
1.8 Delivery Facility...........................................................................................................5
1.9 Director......................................................................................................................... 5
1.10 Emergency..................................................................................................................... 5
1.11 Equivalent Meters or EM.............................................................................................. 5
1.12 Facility Expansion ........................................................................................................6
1.13 Fiscal Year.................................................................................................................... 6
1.14 Fort Worth..................................................................................................................... 6
1.15 Fort Worth System........................................................................................................ 6
1.16 Impact Fee..................................................................................................................... 6
1.17 Maximum Day Demand................................................................................................ 6
1.18 Maximum Hour Demand.............................................................................................. 6
1.19 MG and MGD............................................................................................................... 6
1.20 Parties............................................................................................................................ 6
1.21 Rate of Use Charge....................................................................................................... 6
1.22 Raw Water Charge........................................................................................................ 6
1.23 Return Water................................................................................................................. 6
1.24 Service Charge.............................................................................................................. 6
1.25 Street Rental.................................................................................................................. 6
1.26 Stand-by Charge............................................................................................................7
1.27 System Cost .................................................................................................................. 7
1.28 TCEQ............................................................................................................................ 7
1.29 Treatment, Pumping and Transmission Charge............................................................ 7
1.30 Volume Charge.............................................................................................................7
ARTICLE 2. Delivery of Water ............................................................................................... 7
2.1 Delivery......................................................................................................................... 7
2.2 Acceptance and Payment.............................................................................................. 7
2.3 Operations..................................................................................................................... 7
2.4 Raw Water Contract...................................................................................................... 8
2.5 Water Use Restrictions and Conservation.................................................................... 8
2.6 Requirements of 30 Tex. Admin. Code Chapter 288.................................................... 8
2.7 Consultation with WCAC............................................................................................. 9
TCMUD No. 1 148 of 261 20 JULY 2010
Agreement for Water Service 3
ARTICLE 3. Location and Maintenance of Measuring Devices................................................ 9
3.1 Metered Water ..............................................................................................................9
3.2 Point(s) of Delivery....................................................................................................... 9
3.3 Cost of New or Additional Connections....................................................................... 9
3.4 Check Meter.................................................................................................................. 9
ARTICLE 4. Meters................................................................................................................ 10
4.1 Testing......................................................................................................................... 10
4.2 Corrections.................................................................................................................. 10
4.3 Requested Testing....................................................................................................... 10
4.4 Out of Service Meter................................................................................................... 10
ARTICLE 5. Meter Reading and Billing ................................................................................. 11
5.1 Reading Meters........................................................................................................... 11
5.2 Records ....................................................................................................................... 11
5.3 Multiple Meters........................................................................................................... 11
5.4 October Billing............................................................................................................11
5.5 Billing and Payment.................................................................................................... 11
5.6 Billing Disputes .......................................................................................................... 11
ARTICLE 6. Rates.................................................................................................................. 11
6.1 Method of Rate Determination................................................................................... 11
6.2 Rates to be Used.......................................................................................................... 13
ARTICLE 7. Payment for Water............................................................................................ 14
7.1 Annual Payment.......................................................................................................... 14
7.2 Withdrawal Rate.......................................................................................................... 15
7.3 Monthly Payments...................................................................................................... 15
7.4 Total Annual Payments............................................................................................... 15
7.5 Rate of Use Charge...................................................................................................... 15
7.6 Applicability of Stand-by Charge ................................................................................. 16
ARTICLE 8. Effective Date................................................................................................... 16
ARTICLE 9. Term.................................................................................................................. 16
ARTICLE 10. Rights-of-Way................................................................................................... 16
ARTICLE 11. TCEQ Public Water Supply Approval............................................................... 17
ARTICLE 12. Resale of Water ................................................................................................. 17
12.1 Outside Service Area.................................................................................................. 17
12.2 Exceptions................................................................................................................... 17
ARTICLE 13. Sanitary Sewer Facilities .................................................................................... 17
ARTICLE 14. Additional Wholesale Customers....................................................................... 17
ARTICLE 15. Wholesale Customer Advisory Committee........................................................ 18
ARTICLE 16. Impact Fees........................................................................................................ 18
16.1 Calculation and Payment of Impact Fees.................................................................... 18
16.2 Multiple Surface Water Providers .............................................................................. 18
16.3 Use of Impact Fees...................................................................................................... 18
16.4 Impact Fee Report....................................................................................................... 19
16.5 No Waiver................................................................................................................... 19
16.6 CIFC............................................................................................................................ 19
16.7 Capital Improvements Plan......................................................................................... 19
16.8 Dissemination of Documents...................................................................................... 19
TCMUD No. 1 149 of 261 20 JULY 2010
Agreement for Water Service 4
16.9 Audited Financial Statement....................................................................................... 20
16.10 Current Impact Fees.................................................................................................... 20
16.11 Changes to Chapter 395.............................................................................................. 20
ARTICLE 17. Breach, Termination and Other Remedies.......................................................... 20
17.1 Termination by Mutual Consent................................................................................. 20
17.2 Termination for Material Breach................................................................................ 20
17.3 Termination for Repeated Breach............................................................................... 20
17.4 Material Breach...........................................................................................................20
17.5 Notice and Cure.......................................................................................................... 21
17.6 Notice and Cure for Nonpayment of Impact Fees...................................................... 21
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation................. 21
17.8 Failure to Provide Notice of Withdrawal Rate under § 7.2........................................ 21
17.9 Effect of Termination.................................................................................................. 22
17.10 No Waiver by Fort Worth........................................................................................... 22
17.11 No Waiver by Customer............................................................................................. 22
ARTICLE 18. Ownership and Liability..................................................................................... 22
18.1 No Joint Venture......................................................................................................... 22
18.2 Liabilities.................................................................................................................... 22
18.3 Contractors.................................................................................................................. 23
ARTICLE 19. Force Majeure.................................................................................................... 23
19.1 Notice and Suspension................................................................................................ 23
19.2 Definition.................................................................................................................... 23
ARTICLE 20. Notices............................................................................................................... 23
20.1 Required Notice.......................................................................................................... 23
20.2 Delivery and Receipt................................................................................................... 24
20.3 Change of Address Notices......................................................................................... 24
ARTICLE 21. Inspection and Audit.......................................................................................... 24
ARTICLE 22. Miscellaneous.................................................................................................... 24
22.1 Favored Nations.......................................................................................................... 24
22.2 Suspension of Rate of Use Charges.............................................................................. 24
22.3 Water to Adjacent Areas............................................................................................. 24
22.4 Subject to Laws and Permits....................................................................................... 25
22.5 Entry on Customer’s Premises.................................................................................... 25
22.6 Alternative Dispute Resolution................................................................................... 25
22.7 Information ................................................................................................................. 26
22.8 Assignment ................................................................................................................. 26
22.9 No Waiver................................................................................................................... 26
22.10 VENUE ......................................................................................................................... 26
22.11 Construction................................................................................................................ 26
22.12 Severability................................................................................................................. 26
22.13 Use of Return Water................................................................................................... 27
22.14 System Regulatory Actions......................................................................................... 27
22.15 Additional Contract Terms ......................................................................................... 27
22.16 Exhibits....................................................................................................................... 27
TCMUD No. 1 150 of 261 20 JULY 2010
Agreement for Water Service 5
ARTICLE 1. Definitions
The following definitions, when capitalized, apply throughout this Agreement:
1.1 Annual Consumption. The total quantity of water purchased under the terms of this
Agreement by Customer during the Fiscal Year as determined by the difference in the annual
October meter readings.
1.2 Average Daily Use. The Annual Consumption divided by the number of calendar days in
the Fiscal Year year.
1.3 Calendar Day. The period from midnight of one day to 11:59 PM of the next day.
1.4 Capital Improvements. Any of the following facilities which provide utility services and
benefits common to all customers (both retail and wholesale) and that have a life expectancy of
three (3) or more years, whether such improvements are located within the jurisdictional limits
(including the extra-territorial jurisdiction) of Fort Worth or Customer, and consisting of: water
treatment facilities; metering facilities; control systems and appurtenances; storage facilities;
pumping facilities; and all mains that are sixteen inches (16") and greater in diameter. Capital
Improvements include the initial construction or the expansion of such facilities, as necessary to
serve new development.
1.5 Chapter 395. Chapter 395 of the Texas Local Government Code, as it may be amended
or re-codified from time to time.
1.6 Customer’s Service Area. The area inside the Customer’s boundaries and inside the
Customer’s Certificate of Convenience and Necessity, as shown on Exhibit A, except that the
Customer may, with written notice to the Director, exclude a contiguous area that receives its
entire water service from provider(s) other than Fort Worth.
1.7 Customer System. All necessary Customer mains and distribution facilities on the
Customer's side of the meter from and beyond the point of delivery of treated water by Fort
Worth.
1.8 Delivery Facility. Any facility necessary for the transmission of water from the Fort
Worth System that is on the Customer's side of the point of delivery that is constructed
specifically to allow Fort Worth to serve Customer.
1.9 Director. The Director of Fort Worth Water Department or his designee.
1.10 Emergency. A situation, event or condition created by unforeseeable mechanical failure,
unprecedented high rate of treated water usage (such as might result from a major fire or a major
water main break) or circumstances beyond the Party’s reasonable control.
1.11 Equivalent Meters or EM. A means of relating a large-use customer with a base
(residential) use customer. Fort Worth Water Department uses 5/8 x ¾ inch meter capacity as an
EM. The ratio of larger meter’s capacity to the 5/8 x ¾ inch meter capacity is the number of
EMs for each meter size.
TCMUD No. 1 151 of 261 20 JULY 2010
Agreement for Water Service 6
1.12 Facility Expansion. The expansion of the capacity of an existing facility that serves the
same function as an otherwise necessary new capital improvement, in order that the existing
facility may serve new development. The term does not include the repair, maintenance,
modernization, or an expansion of an existing facility to better serve existing development.
1.13 Fiscal Year. The fiscal year of Fort Worth, which is from October 1st through September
30th.
1.14 Fort Worth. The City of Fort Worth, acting by and through it’s duly authorized Assistant
City Manager, who may delegate to the Director.
1.15 Fort Worth System. The Fort Worth water treatment and distribution system.
1.16 Impact Fee. A capital contribution funding or recouping the cost of Capital
Improvements necessitated by and attributable to new development, subject to and as provided in
Article 16 of this Agreement.
1.17 Maximum Day Demand. The maximum quantity of water used by Customer during one
calendar day of the Fiscal Year.
1.18 Maximum Hour Demand. The quantity of water used by Customer during the one hour
of the Fiscal Year that more water passed through the meter or meters serving the Customer than
during any other hour of the Fiscal Year, multiplied by 24 hours and expressed as MGD.
1.19 MG and MGD. MG is million gallons; MGD is million gallons per day.
1.20 Parties. Fort Worth and the Customer, or each individually.
1.21 Rate of Use Charge. The charge for Maximum Day Demand in excess of Average Daily
Use and for Maximum Hour Demand in excess of Maximum Day Demand, as provided in § 7.5
and Exhibit C.
1.22 Raw Water Charge. The rate for 1,000 gallons charged by the Tarrant Regional Water
District to Fort Worth for raw water to be sold to the Customer plus four percent (4%),
representing Fort Worth system losses of four percent (4%).
1.23 Return Water. All water that is returned to Fort Worth via discharge into Fort Worth’s
wastewater system for treatment by Fort Worth’s Village Creek Wastewater Treatment Plant or
another wastewater treatment plant that is owned or operated (directly or through contract) by
Fort Worth.
1.24 Service Charge. A fixed monthly charge per wholesale meter, as set forth in the annual
cost-of-service rate study, designed to include a portion of Fort Worth Water Department’s cost
for wholesale customer billing and accounting.
1.25 Street Rental. The Street Rental charged to the wholesale customers of the Fort Worth
System is intended to be compensation for use of public rights-of-way. The Street Rental is
established at five percent (5%)of the revenue requirements, excluding Payment in Lieu of Taxes
TCMUD No. 1 152 of 261 20 JULY 2010
Agreement for Water Service 7
(PILOT). The Street Rental can not be decreased without the consent of Fort Worth in its sole
discretion and, in the event of an increase, can only be increased in one percent (1%) increments
once every five (5) years starting on the anniversary date of this Agreement in 2016, and shall
never exceed the rate being collected from the natural gas franchised utility serving the City of
Fort Worth or the rate collected from the retail water customers of Fort Worth, whichever is less.
1.26 Stand-by Charge. The fee set forth in § 7.1.3 and Exhibit B. The Stand-by charge is
intended to allow a wholesale customer to rely on the Fort Worth System for stand-by delivery of
water for the Customer’s Emergency use only, as provided in § 7.6.
1.27 System Cost. System Cost, as provided in § 6.1.2.
1.28 TCEQ. The Texas Commission on Environmental Quality or its successor agency.
1.29 Treatment, Pumping and Transmission Charge. The rate, per 1,000 gallons used,
regardless of rate of use, as determined by the annual cost-of-service rate study, and which shall
include the maintenance and operation costs, and the capital facilities cost on the part of the
production and transmission system related to annual use.
1.30 Volume Charge. The combined total of the Treatment, Pumping and Transmission
Charge plus the Raw Water Charge in effect for the current Fiscal Year.
ARTICLE 2. Delivery of Water
2.1 Delivery. Fort Worth agrees, subject to the amount of raw and treated water available to
Fort Worth, to furnish and sell to Customer treated water of potable quality meeting all
applicable governmental standards, delivered under the normal operating pressure prevailing in
the Fort Worth System at the Customer point or points of delivery mutually agreed upon, without
guarantee of a specific minimum pressure. Mutually agreed point(s) of delivery on the Effective
Date are shown on Exhibit A.
2.2 Acceptance and Payment. Customer agrees to accept delivery of and to pay for the water
in accordance with the terms and conditions of this Agreement. Customer understands and
acknowledges that Customer is responsible for maintaining water pressure in the Customer’s
System, and that maintaining a certain water delivery pressure requires use of storage or pumps
on Customer’s System.
2.3 Operations. Fort Worth is entitled at any and all times to install, repair, maintain, and
replace any equipment or devices in the Fort Worth System. In an Emergency, Fort Worth may
take necessary action (including reduction or cessation of water service to Customer) as
necessary or appropriate to allow Fort Worth at all times to maintain a minimum pressure as
required by law at all retail service locations directly served by Fort Worth, and Fort Worth is
excused from the requirements of § 2.1 to the extent caused by an Emergency or by Force
Majeure or Fort Worth’s reasonable efforts to respond to such conditions. In the event of such
service interruptions, Fort Worth shall make every reasonable effort to expedite the restoration of
service in a timely manner, and shall not unreasonably interrupt, withhold or delay service to
Customer.
TCMUD No. 1 153 of 261 20 JULY 2010
Agreement for Water Service 8
2.4 Raw Water Contract. In accordance with the terms of Fort Worth City Secretary
Contract No. 12720 between Fort Worth, the City of Arlington, the City of Mansfield, Trinity
River Authority, and the Tarrant Regional Water District, this Agreement shall be deemed
subordinate in all respects to the water requirements of the above contracting Parties as specified
in Section 3 of that contract.
2.5 Water Use Restrictions and Conservation.
2.5.1 If Fort Worth in any way restricts, rations or conserves the use of water
throughout its CCN during an Emergency declared by the Director, then within 24
hours of being notified of the action of Fort Worth, Customer shall institute and
apply the same restrictions and/or measures as to the use of the water by the
customers of Customer.
2.5.2 If Fort Worth in any way restricts, rations or conserves the use of water
throughout its CCN as authorized by the then Fort Worth City Council and
adopted by ordinance, then Customer agrees to institute, apply and enforce the
same rationing, conservation measures, or restrictions to the use of water by the
customers of Customer for so long as any part of the total water supply of the
Customer is being furnished by Fort Worth. Customer shall submit to Fort
Worth, within sixty (60) days of the action taken by the City Council of Fort
Worth, a copy of the Customer’s city council and/or governing board resolution
and/or ordinance adopting the same measures as Fort Worth.
2.5.3 If Customer fails to comply with its obligations under this § 2.5 then, in addition
to the remedies available under Article 17, Fort Worth may install or adjust any
rate of flow controllers necessary to physically achieve compliance, regardless of
whether the rate of flow controller to be installed or adjusted is on Fort Worth’s or
Customer’s side of the meter.
2.6 Requirements of 30 Tex. Admin. Code Chapter 288 (“Ch. 288”).
2.6.1 As required by 30 Tex. Admin. Code § 288.5(1)(G), this Agreement requires
Customer to develop and implement a water conservation plan or water
conservation measures using the applicable elements of Tex. Admin Code Ch.
288.
2.6.2 As required by 30 Tex. Admin. Code § 288.22(a)(8), this Agreement requires
that, in case of a shortage of water resulting from drought, the water to be
distributed shall be divided in accordance with Texas Water Code § 11.039.
2.6.3 To the extent that Customer fails to comply with § 2.5 above or meet any
additional requirements under 30 Tex. Admin. Code Chapter 288, Customer
agrees to implement and comply with Fort Worth’s water conservation plans and
measures and drought contingency plan until the Customer’s own plans and
measures are brought into compliance.
TCMUD No. 1 154 of 261 20 JULY 2010
Agreement for Water Service 9
2.7 Consultation with WCAC. Except when the Director determines that emergency
conditions require short-term restriction, conservation or rationing to meet all necessary water
demands, Fort Worth agrees to consult with the Wholesale Customer Advisory Committee, in
the development of any restriction, conservation, rationing, or drought contingency plans that the
Director determines may be necessary to address operational constraints, whether or not required
by any state or federal regulatory agency, or deemed advisable by the Wholesale Customer
Advisory Committee to manage long term System Costs, except where emergency conditions
may dictate short-term restriction, conservation or rationing requirements as may be determined
by the Director to meet all necessary water demands.
ARTICLE 3. Location and Maintenance of Measuring Devices
3.1 Metered Water. All water furnished under this Agreement by Fort Worth shall be
measured by one or more suitable meters equipped with continuous flow, chart recording
devices, and telemetering equipment connected with the Fort Worth control center. All meters,
recording devices, telemetering equipment and appurtenances (including any flow control
equipment required by § 7.2) shall be approved and installed by Fort Worth. Customer shall pay
for the meter vault and all metering equipment, including telemetering equipment to the Fort
Worth control center, and appurtenances, plus the installation cost thereof. Fort Worth shall pay
all costs associated with the operation and maintenance of said equipment and shall pay for the
replacement of said equipment as necessary. Such costs, as well as charges for the telelink line
and microwave transmitter and the power to operate same, shall be a System Cost.
3.2 Point(s) of Delivery. The point or points of delivery of treated water by Fort Worth shall
be the meter vault connection to Customer's side of the meter, and all necessary mains and
distribution facilities from and beyond that point shall be the responsibility of Customer. The
location of each meter shall be mutually agreed upon in writing by and between the Parties and
the meter or meters shall not be moved or relocated except by mutual consent in writing by the
Parties.
3.3 Cost of New or Additional Connections. Customer shall pay the cost of each new,
enlarged or additional Customer connection to the Fort Worth System, including the cost of the
wholesale meter and the Customer’s proportionate share of any improvements required for that
connection or related service to be provided at the delivery point. The Customer’s cost shall be
calculated in the same manner as the “developer’s cost” for special facilities, including pipelines
under Fort Worth’s then-existing Water and Wastewater Installation Policy, as determined by the
Director. The Customer will pay that amount to Fort Worth before making the new or additional
connection to the Fort Worth System, and the amount shall not be a System Cost.
3.4 Check Meter. Either Party, at its own expense, may install a check meter to check or
measure the volume of water passing the master meter, provided that, if such check meter is
installed, the same rules and regulations relative to its operation, maintenance and reading shall
apply as to the master meter being tested.
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ARTICLE 4. Meters
4.1 Testing. Fort Worth shall routinely test for accuracy, and service and calibrate if
necessary, the master meter at each point of delivery no less than once during each twelve (12)
month period. Copies of the results of such calibration and all related information shall be
provided to Customer. Customer shall have access to the metering facilities at all reasonable
times; provided, however, that any reading, calibration or adjustment to such metering
equipment shall be done by employees or agents of Fort Worth, or other mutually approved third
party calibration agent, in the presence of representatives of Customer and Fort Worth, if so
requested by Customer. Notification of any proposed test shall be provided to the Customer at
least seventy-two (72) hours prior to such test being conducted and Customer may observe such
test, if so desired.
4.2 Corrections. Upon any calibration of a Wholesale Customer’s meter, if it is determined
that the accuracy envelope of such meter is found to be lower than ninety-five percent (95%) or
higher than one-hundred-five percent (105%) expressed as a percentage of the full scale of the
meter, the registration of the flow as determined by such defective meter shall be corrected for a
period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such
time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed
since the date of the last calibration, but in no event further back than a period of six (6) months.
All meters will be properly sealed, and the seals shall not be broken unless representatives of
both Parties have been notified and given a reasonable opportunity to be present. If the meter,
after testing, is found to be in error outside the parameters established in this Agreement, the
amounts due to or due from Fort Worth shall be determined based upon the prevailing wholesale
rates which were in effect at the time the meter was determined to be malfunctioning. The
amount due to or due from Fort Worth shall be payable within thirty (30) days from the date of
receipt of the invoice for said amounts by Fort Worth or by Customer. In addition, the
Wholesale Customer’s volume and rate of use records shall be corrected, as determined by the
meter testing.
4.3 Requested Testing. Customer shall have the right to request Fort Worth to test any
meter(s), but no more frequently than quarterly. Upon any such request, Fort Worth agrees to
perform its testing and calibration of the meter(s) with notice to Customer, and the Parties shall
be entitled to jointly observe any testing, calibration, and adjustments that are made to the
meter(s), in the event such modifications are necessary. For such additional testing request, Fort
Worth shall give Customer notice forty-eight (48) hours in advance of the time when that testing
will occur. Customer shall pay the cost of the additional test requested for any meter(s) if the
test shows that the meter(s) is accurate (within five percent (5%) registration), but Fort Worth
shall pay the costs of the additional test if the results indicate that the meter(s) is not accurate (in
excess of five percent (5%) registration).
4.4 Out of Service Meter. If any meter used to determine the flow of treated water to
Customer is out of service or out of repair so that the amount of water metered cannot be
ascertained or computed from reading the meter, then the water delivered during the period that
the meter is out-of-service or out of repair shall be estimated and agreed upon by the Parties
upon the basis of the best data available. The basis for estimating such flow includes, but is not
limited to, extrapolation of past patterns of flow for that metering station under similar
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conditions. If the Parties cannot agree on the extrapolated estimate of water volume delivered,
then agreement on the flow volume will be determined by § 22.6 dispute resolution.
ARTICLE 5. Meter Reading and Billing
5.1 Reading Meters. Fort Worth will read all meters provided for herein at monthly intervals,
and the Parties shall have free access to read these respective meters daily, if either Party so
desires. Each Party has the duty to give immediate notice to the other of any meter that it finds is
not functioning properly. Upon such notice, repairs to such meter shall be made promptly.
5.2 Records. All readings of meters will be entered into the records maintained by Fort
Worth. Customer shall have access to such records during reasonable business hours and shall
be furnished with monthly readings for each point of delivery metering facility.
5.3 Multiple Meters. If Customer has more than one point of connection to the Fort Worth
System, the sum of all meter readings and rates of flow shall be used for the purpose of
calculating the water Volume Charge and the Rate of Use Charge.
5.4 October Billing. A review of water usage amounts by Customer for the past twelve (12)
months shall be made during the presentation of the October bill each year. The October
statements shall be prepared so as to reflect any and all Rate of Use Charges for the Fiscal Year
just ended which have not been previously billed and paid. A copy of the rate of flow charts or
other records showing the Maximum Day Demand and the Maximum Hour Demand for the
Fiscal Year just ended shall be furnished to Customer with the October billing.
5.5 Billing and Payment. Bills for water service shall be rendered to Customer monthly by
Fort Worth, and shall be due and payable by Customer not more than thirty (30) days from the
billing date. The bills will show current charges, as well as past-due charges, if any. Past-due
charges shall be the total amount unpaid from all prior billings as of the current billing date.
Payments received by Fort Worth shall first be applied to the past-due charges, if any, and
thereafter to the current charges.
5.6 Billing Disputes. If Customer disputes a bill and is unable to resolve the difference
informally, Customer shall notify the Director in writing. If the Director and Customer are
unable to resolve the disputed bill, agreement on the bill will be determined by § 22.6 dispute
resolution procedures. Dispute of a bill shall not be grounds for non-payment. If a bill or other
payment is not paid as specified in this Agreement, a finance charge of ten percent (10%) per
annum will be calculated from the date which the payment was required to be made. If a billing
adjustment is agreed upon or otherwise established by dispute resolution, then the amount found
to be incorrect will be credited to Customer's account together with an interest charge of ten
percent (10%) per annum calculated from the date payment of the disputed bill was received.
ARTICLE 6. Rates
6.1 Method of Rate Determination.
6.1.1 Wholesale water rates will be based upon an annual cost-of-service rate study
with a rate study conducted every three years by an independent utility rate
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Agreement for Water Service 12
consultant as provided for in § 6.1.4. The independent utility rate consultant shall
be selected by the Director from a list of five qualified firms submitted to the
Director by the Wholesale Customer Advisory Committee. The cost of any such
study shall be a System Cost. All cost-of-service studies shall be conducted
utilizing the utility cost basis of determining revenue requirements applicable to
the wholesale customer class.
6.1.2 The System Cost (i.e., the cost-of-service for the wholesale class) shall include
allocated reasonable and necessary operation and maintenance expense;
depreciation expense; a fair and reasonable return on allocated capital facilities as
provided in § 6.1.3; general and administrative costs; commodity charges
including the Raw Water Charge; the cost of treated water; transmission losses;
Street Rental (calculated as provided in § 1.25); and Payment In Lieu of Taxes
(“PILOT” calculated as provided in Exhibit D). To determine the allocation and
distribution of costs to the wholesale customer class, the independent utility rate
consultant shall consider at least the following factors: total volume, rate of flow,
metering, and customer related costs such as accounting, billing, and monitoring.
Capital related costs will consist of depreciation expense and return on original
cost rate base. The “rate base” shall consist of all allocated capital facilities, net
of depreciation and contributions, and shall include construction work in progress,
a reasonable allowance for working capital, and a reasonable inventory of
materials and supplies necessary for the efficient operation of the Fort Worth
System. The methodology shall be that used in the most recent wholesale water
rate study completed and approved by the Fort Worth City Council before the
Effective Date, which Customer acknowledges having received prior to executing
this Agreement. Records of the original cost and the accumulated depreciation of
all capital facilities shall be maintained in the Fort Worth Fixed Asset Tracking
System. These records shall be available for inspection at the Fort Worth Water
Department during reasonable business hours upon request by Customer.
6.1.3 Fort Worth shall be allowed to earn and recover in rates a rate-of-return on the
rate base as described in § 6.1.2. That rate of return shall be equal to the weighted
average imbedded cost of outstanding debt plus one and one-half percent
(1-1/2%). The parties agree that this rate of return is reasonable.
6.1.4 For the Fiscal Years beginning October 1, 2011, 2014, 2017, 2020, 2023 2026 and
2029, a detailed wholesale water rate study will be performed by an independent
utility rate consultant selected by the Director in conformance with § 6.1.1. The
same methodology used in the immediate previous rate study will be utilized by
the rate consultant so selected. In the interim Fiscal Years between detailed rate
studies, Fort Worth will adjust wholesale water rates annually, using the same
methodology as the last detailed rate study, and will utilize the actual operating
data for the twelve (12) month period ending September 30th of the prior year,
adjusted for all known and measurable changes in cost data that may have
occurred since the last audited financial statement. Such adjustments should allow
for year-end trending and the spreading of non-recurring expenses over an
appropriate benefit period.
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6.1.5 Changes in the wholesale water rate methodology will be allowed if
recommended by a majority vote of the Wholesale Customer Advisory
Committee and approved by the Fort Worth City Council. For purposes of this
§ 6.1.5, a majority is defined as any combination of Fort Worth wholesale
customers that took more than fifty percent (50%) of the wholesale water
delivered by Fort Worth during the immediate past Fiscal Year.
6.2 Rates to be Used.
6.2.1 The rates and charges to be effective upon approval of this Agreement shall be
those calculated by the most recent cost of service study and adopted by the Fort
Worth City Council to take effect during the current Fiscal Year.
6.2.2 The Raw Water Charge shall be increased or decreased when the raw water cost
paid by Fort Worth for water available for treatment and sale to Customer is
increased or decreased as determined by the Tarrant Regional Water District in
accordance with Fort Worth City Secretary Contract No. 12720.
6.2.3 The Parties agree that services obtained pursuant to this Agreement are essential
and necessary to the operation of Customer's waterworks facilities and that all
payments made by Customer hereunder shall constitute reasonable and necessary
operating expenses of Customer's waterworks and wastewater systems within the
meaning of § 1502.056 of the Texas Government Code, and the provisions of any
and all ordinances of Customer authorizing the issuance of any revenue bonds of
Customer which are payable from its waterworks and wastewater systems.
6.2.4 Customer agrees, throughout the term of this Agreement, to fix and collect such
rates and charges for water service to be supplied as will produce revenues in an
amount equal to at least (i) all of operation and maintenance expenses of such
system, including specifically its payments under this Agreement; and (ii) all
other amounts as required by law and the provisions of the ordinances or
resolutions authorizing its revenue bonds or other obligations now or hereafter
outstanding, including the amounts required to pay all principal of and interest on
such bonds and other obligations.
6.2.5 Customer understands that Fort Worth City Council has the right to annually
revise the rates charged to cover all reasonable, actual, and expected costs.
Revision of rates shall be pursuant to the provisions set forth in this Agreement.
Fort Worth shall give Customer a minimum of six (6) months notice of intent to
revise rates. Fort Worth will furnish members of the Wholesale Customer
Advisory Committee a draft copy of the cost-of-service study of the proposed
rates sixty (60) days prior to Fort Worth submitting a rate increase request to its
City Council. Within thirty (30) days of receiving the draft study, the Wholesale
Customer Advisory Committee will submit its written comments on the draft
study to Fort Worth, and Fort Worth will respond to these comments as soon
thereafter as possible. If the Wholesale Customer Advisory Committee has not
provided its written comments within said period, the Wholesale Customer
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Agreement for Water Service 14
Advisory Committee is deemed to have accepted the proposed rates contained in
the draft study, and Customer agrees that it will be bound by the rates as approved
by the Fort Worth City Council. The rates approved by the Fort Worth City
Council shall be the rates to be used in this Agreement for the succeeding Fiscal
Year.
ARTICLE 7. Payment for Water
Payment of charges to Fort Worth for water used by Customer shall be made as follows:
7.1 Annual Payment. The annual payment will be the charges computed based on all water
delivered by Fort Worth to Customer during the current Fiscal Year at rates set pursuant to this
Agreement. For purposes of calculating the annual payment, the current year will be the Fiscal
Year during which the water usage occurred. However, the minimum annual payment will be
the greater of the following:
7.1.1 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use
Charges (Exhibit C, Example 1); or
7.1.2 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use
Charges applied to the average of the Maximum Day Demand above Average
Daily Use and the average of the Maximum Hour Demand above Maximum Day
Demand for the most recently completed three (3) Fiscal Years (to include the
current Fiscal Year) (Exhibit C, Example 2); or
7.1.3 if applicable to Customer, a Stand-by Charge equal to:
(a) twelve (12) months;
(b) times the total number of EM units for all of the Customer’s
wholesale meters connected to the System;
(c) times 28,800 gallons per day;
(d) times a dollar amount equal to a three (3) year numerical average
of the Treatment, Pumping and Transmission Charge per 1,000
gallons, using the Treatment, Pumping and Transmission Charge
from most recent annual cost-of-service rate study performed by
the independent utility rate consultant as provided in § 6.1.4 and
the two years prior to the year of that study. This dollar average
will remain in effect for purposes of calculating this § 7.1.3 Stand-
by Charge until the next cost-of-service rate study is performed by
an independent utility rate consultant as provided in § 6.1.4.
Exhibit B presents an example calculation of the Stand-by Charge.
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Agreement for Water Service 15
7.2 Withdrawal Rate. The rate at which water is withdrawn from the Fort Worth System by
Customer shall be regulated by rate-of-flow controllers, pumps, or other approved methods. The
rate of withdrawal shall be controlled so that the maximum rate shall not exceed 1.35 times the
Maximum Day Demand experienced during the previous year unless Customer has notified the
Director at least (6) months before the date of the anticipated increase in the Maximum Day
Demand; provided, however that in an Emergency such as a line break, Customer shall advise
the Director within 24 hours of the increase in the maximum rate of withdrawal. Customer shall
furnish the Director with all pertinent information regarding the proposed increase in maximum
rate of withdrawal. The Director may waive the notice requirement if, in his sole opinion, that
notice is not necessary to protect the interests of Fort Worth.
7.3 Monthly Payments. The monthly payment will be the sum of (a) plus (b) plus (c):
(a) the greater of:
(i) one-twelfth (1/12) of the amount calculated in § 7.1, or
(ii) the Volume Charge times the actual volume of water taken that month;
(b) one-twelfth (1/12) of the sum of the annual Rate of Use Charges, determined as
provided in § 7.5 and Exhibit C; and
(c) one-twelfth (1/12) of the sum of the Fiscal Year Service Charge.
7.4 Total Annual Payments. The total annual payment for water delivered to Customer shall
be based on the annual and peak volumes delivered to Customer during the Fiscal Year, as
determined by meters, flow recording devices or other approved methods, and calculated as
provided in the annual payment provisions set forth above and in Exhibits B and C. The
October monthly payment for September’s usage shall contain any adjustments necessary to
update the Rate of Use Charge calculations as necessary to recover the Annual Payment for the
Customer’s actual withdrawals from the Fort Worth System (including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the
water usage occurred. Exhibit C provides examples of the Annual Bill Calculation.
7.5 Rate of Use Charge. As provided in §§ 7.1, 7.3 and 7.4 and shown in Exhibit C,
Monthly Payments and the Annual Payment shall include Rate of Use Charges, unless the Stand-
by Charge applies. The Rate of Use Charges consist of:
(a) Maximum Day Rate of Use Charge, calculated by multiplying the “Excess Max Day
Charge” per MGD from the annual cost-of-service rate study, times the Maximum Day
Demand (in MGD) in excess of Average Daily Use (in MGD); and
(b) Maximum Hour Rate of Use Charge, calculated by multiplying the “Excess Max
Hour Charge” per MGD from the annual cost-of-service rate study, times the Maximum
Hour Demand (expressed as MGD) in excess of Maximum Day Demand (in MGD).
Exhibit C presents example Rate of Use Charge calculations. Rate of Use Charges are estimated
by applying the current Fiscal Year Excess Max Day and Excess Max Hour Charges to the prior
Fiscal Year's Maximum Day Demand, Maximum Hour Demand and Average Daily Use in the
October through September bills, with adjustments in the October bill as necessary to recover the
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Agreement for Water Service 16
Annual Payment based on the Customer’s actual withdrawals (including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the
water usage occurred.
7.6 Applicability of Stand-by Charge. Customer is subject to the Stand-by Charge if the
amount of the Stand-by Charge is the greater of the Annual Payment options listed in § 7.1.
Customer is a Stand-by Customer if it receives water from the System for Emergency use only,
and the Director has approved that use. A Stand-by Customer’s obligations under this
Agreement include the requirements of § 3.1 for the location, approval and installation of meters.
By execution of this Agreement and approval of the Stand-by service meter, Fort Worth agrees
to provide the wholesale Emergency service through the approved meter to the Stand-by
Customer, subject to the terms of this Agreement; however, notwithstanding § 2.1, delivery of
water to a Stand-by Customer is subordinate to Fort Worth’s other delivery obligations. Further,
this Agreement does not grant or imply that the Standby Customer has reserved any water
service, capacity or delivery from the System, other than for Emergency use as provided in this
§ 7.6. Any change in the Stand-by Customer's use from Emergency to non-Emergency must be
approved in writing by the Director. Unless otherwise agreed in writing by Customer and
Director, the Stand-by Customer is not required to pay the Impact Fees required by Article 16
until it requests or takes deliveries of water from the System that exceed the approved
Emergency use.
ARTICLE 8. Effective Date
The effective date and time of this Agreement for all purposes is January 1, 2011 at 12:01
a.m. Upon the Effective date, the wholesale water service agreement then in effect between Fort
Worth and the Customer is terminated and superseded by this Agreement.
ARTICLE 9. Term
This Agreement expires on September 30, 2031. It may be renewed on terms mutually
agreeable to the Parties.
ARTICLE 10. Rights-of-Way
Customer shall grant, without charge to Fort Worth, such easements and rights-of-way
along public highways or other property owned by Customer, as requested by Fort Worth, in
order to construct or maintain mains or facilities within the Customer’s Service Area to provide
water to Customer and to other areas. Upon notice from Customer and at Fort Worth's expense
incurred as a System Cost, Fort Worth will move such water mains or facilities located in such
street rights-of-way, or other property owned by Customer when reasonably necessary to the
performance of essential governmental duties by Customer. Fort Worth shall grant, without
charge to Customer, such easements and rights-of-way along public highways or other property
owned by Fort Worth, as requested by Customer, in order to construct and maintain water mains
or facilities within Fort Worth to provide water to Customer. Upon notice from Fort Worth and
at Customer's expense, Customer will move such water mains or facilities when located in such
street rights-of-way or other property owned by Fort Worth when reasonably necessary to
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Agreement for Water Service 17
performance of essential governmental duties by Fort Worth. All work done by or on behalf of
Fort Worth under this paragraph will be performed in accordance with specifications equal to
those applying to work of a similar nature performed within Fort Worth, and the applicable Party
will use its best efforts to restore the others property to as near original condition as feasible
unless otherwise mutually agreed in writing. Fort Worth and Customer agree to coordinate the
location of the mains and/or facilities in the other's easements and rights-of-way in order to
prevent further conflicts insofar as is reasonably practicable.
ARTICLE 11. TCEQ Public Water Supply Approval
The Customer System shall be approved by the TCEQ during the life of this Agreement.
If, at any time, the Customer System is not approved by the TCEQ, or if Customer does not have
an active cross-connection control program, there shall not be any direct physical connection
between the Fort Worth System and the Customer System unless an approved backflow
prevention device has been provided and installed and this installation has been approved by the
TCEQ. All expenses to provide and install backflow prevention device(s) will be borne by
Customer.
ARTICLE 12. Resale of Water
12.1 Outside Service Area. Customer agrees that it will not share facilities for water system
use with any other governmental or corporate entity outside of Customer’s Service Area without
the express written consent of Fort Worth, which consent shall not be unreasonably withheld.
Fort Worth neither recognizes nor approves any existing agreements entered into by Customer
with other governmental or corporate entities outside of Customer’s Service Area, unless
expressly approved in writing by the Director before the Effective Date.
12.2 Exceptions. Only those existing connections outside of the Customer's Service Area
shown in Exhibit E may continue. Customer agrees that it will not enter into any resale or
transportation agreement other than as a part of its normal offering and supply of water to
existing and future subscribers to its Customer System without the recommendation of the
Wholesale Customer Advisory Committee and express written consent of Fort Worth.
ARTICLE 13. Sanitary Sewer Facilities
The Customer agrees that it will require all of its customers, who are provided water from
the Fort Worth System, to have adequate sanitary sewage facilities meeting TCEQ requirements.
ARTICLE 14. Additional Wholesale Customers
Fort Worth will use its best efforts to provide an adequate water supply for all of its
customers. Prior to the approval of additional wholesale customers, Fort Worth will obtain in
writing reasonable assurances from the Tarrant Regional Water District that the projected ten
(10) year water demands of the then-existing wholesale customers being served and any
proposed additional customers can be fulfilled, and will charge the new customer an appropriate
connection fee pursuant to § 3.3. Fort Worth will consult with the Wholesale Customer
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Agreement for Water Service 18
Advisory Committee and the Tarrant Regional Water District before contracting with additional
new wholesale water customers.
ARTICLE 15. Wholesale Customer Advisory Committee
Customer's governing body shall annually appoint a representative to be a voting member of the
Wholesale Customer Advisory Committee, whose purpose shall be to consult with and advise
Fort Worth, through the Director, on matters pertaining to conservation, wholesale planning,
improvements, grants, wholesale rate studies, administration, budgets, and additional wholesale
customers, whether same be wholesale customers of Customer or Fort Worth. The Wholesale
Customer Advisory Committee may establish bylaws governing the election of officers, meeting
dates and other matters pertinent to its functioning.
ARTICLE 16. Impact Fees
16.1 Calculation and Payment of Impact Fees. On a quarterly basis, Customer agrees to pay to
Fort Worth an Impact Fee for each new or enlarged connection for water service made within
Customer's Service Area served by the Fort Worth System. The Impact Fee to the Customer for
each such connection shall be based upon the size of water meter and shall be equal to the Impact
Fee adopted by Fort Worth and collected for the same size water meter and type of connection
within the jurisdiction of Fort Worth. The calculation of the Impact Fee shall be consistent with
the Fort Worth ordinance adopting the Impact Fee in accordance with all applicable state and
federal regulations, including Chapter 395, and shall include only those costs allowed under
§ 395.012 (or its amended or successor statute) that are associated with Capital Improvements
necessary to provide service to new development. Nothing within this Agreement shall be
deemed to prevent either Fort Worth or Customer from charging their own retail customers’
Impact Fees in excess of the Impact Fee authorized by this Agreement.
16.2 Multiple Surface Water Providers. If Customer receives surface water from more than
one water provider for use by potable water customers within its Service Area, then the
Customer’s impact fees due to Fort Worth shall be proportionately reduced. The charge will be a
fractional part of the Impact Fee imposed within Fort Worth for the same size of meter based on
the ratio of the annual amounts of water purchased from Fort Worth to the total annual combined
amount of surface water purchased from Fort Worth and the Customer’s other surface water
provider(s). For purposes of calculating this fractional part, this ratio will be the greater of the
most recent prior annual ratio or the most recent 3 year average ratio occurring after the first
Fiscal Year after the Effective Date.
16.3 Use of Impact Fees. As required by Chapter 395, Fort Worth agrees that all money
remitted to it pursuant to this Article 16 will be placed in an interest bearing account to pay only
for the cost of constructing Capital Improvements included in the Chapter 395 capital
improvements plan, and will not be used for operation and maintenance expenses. Once
expended, such funds and all interest earned thereon will be considered a "contribution" for rate
setting purposes only. To the extent that the cost of any Capital Improvement is recovered
through Impact Fees, it shall not be included in the System Cost.
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Agreement for Water Service 19
16.4 Impact Fee Report. Customer shall provide to Fort Worth information that relates to the
making of new and/or enlarged connections within its jurisdiction as may be requested by the
Director, including building permits, with each quarterly payment required in this Article 16.
16.5 No Waiver. Neither Fort Worth nor Customer shall waive any Impact Fee due from new
or enlarged connections to its respective system within its jurisdiction. However, either Fort
Worth or Customer may pay such Impact Fee into the interest bearing Impact Fee account
required by § 16.3.
16.6 CIFC. The Wholesale Customer Advisory Committee created pursuant to Article 15
shall select five (5) of its members to a subcommittee to be known as the Customer Impact Fee
Committee (“CIFC”). As required by Texas Local Government Code § 395.052, at least every
five (5) years, beginning June, 2014, or sooner, Fort Worth will update the land use assumptions
and capital improvements plan upon which the Fort Worth Impact Fees are based, or make the
determination under Chapter 395 that no update is required. Fort Worth shall submit a copy of
the annual report of Fort Worth Impact Fee projects and expenditures to the Wholesale Customer
Advisory Committee Rate Subcommittee. In June 2014 and at least every five years thereafter,
the CIFC shall submit a list of five qualified engineers or planning consultants to the
Director. The Director shall select a consultant from such list to assist Fort Worth in developing
land use assumptions, identifying capital improvements, and formulating capital improvement
plans and Impact Fees. The consultant shall be responsible to Fort Worth and its citizen's
advisory committee, but shall also report to the CIFC. The cost of the consultant shall be deemed
a System Cost, except to the extent that such cost is recovered through Impact Fees. If the CIFC
fails to submit a list of five consultants to Fort Worth, Fort Worth shall select the consultant.
16.7 Capital Improvements Plan. Fort Worth agrees that only the Capital Improvements as
defined in § 1.4 shall be included in the capital improvements plan for the purpose of
determining Impact Fees; provided however, Fort Worth may include other capital
improvements for the purpose of determining Impact Fees to its own retail customers. Fort
Worth shall not be required to include all of its capital improvements in its Chapter 395 capital
improvements plan. The CIFC shall be responsible for working with Fort Worth and its
consultants to determine the Capital Improvements to be included in the calculation of any
Impact Fees. The CIFC shall recommend to the Wholesale Customer Advisory Committee
which Capital Improvements should be included in the calculation of any Impact Fees. The
CIFC shall also meet with Fort Worth's citizen advisory committee as such citizen's advisory
committee reviews and considers land use assumptions, the capital improvements plan and
Impact Fees.
16.8 Dissemination of Documents. Prior to the adoption of any land use assumptions, capital
improvements plan, or Impact Fees assessed by Fort Worth, the CIFC shall be furnished a copy
of the proposed land use assumptions, capital improvement plans or Impact Fees at least thirty
(30) days prior to any scheduled hearing thereon. Any revised Impact Fee adopted pursuant to
such updated capital improvements plan shall not take effect for a period of at least ninety (90)
days after adoption by Fort Worth.
TCMUD No. 1 165 of 261 20 JULY 2010
Agreement for Water Service 20
16.9 Audited Financial Statement. Upon request, Fort Worth shall make available to the
Wholesale Customer Advisory Committee the most recent audited financial statement of the Fort
Worth Water Department's records.
16.10 Current Impact Fees. Customer agrees to pay Impact Fees in the amounts determined
pursuant to this Article 16. On the Effective Date, those impact fees are the Impact Fees most
recently adopted by the Fort Worth City Council before the Effective Date. Thereafter the
Impact Fees are those in effect by Fort Worth ordinance at the time the new or enlarged
connection is made.
16.11 Changes to Chapter 395. Fort Worth and Customer agree that the methodology for the
calculation of Impact Fees required by this Agreement shall be consistent with the methodology
prescribed by Chapter 395. If that statutory methodology is amended or replaced by a new
statute, the Wholesale Customer Advisory Committee may engage legal counsel to work with
Fort Worth to propose amendments to this Agreement to conform it to such amendment or new
statute. The reasonable cost of such legal counsel shall be a System Cost.
ARTICLE 17. Breach, Termination and Other Remedies
17.1 Termination by Mutual Consent. This Agreement may be terminated in whole or in part
by the mutual consent of Customer and Fort Worth. Fort Worth’s decision on whether to
consent to termination remains within it’s sole discretion; however, before consenting to
termination, Fort Worth shall consult with WCAC regarding the circumstances of the proposed
termination.
17.2 Termination for Material Breach. Notwithstanding anything in this Agreement to the
contrary, any material breach by either Party to perform any of its duties or obligations under this
Agreement, or to faithfully keep and perform any of the terms, conditions and provisions of this
Agreement, shall be cause for termination of this Agreement by the non-breaching Party in the
manner set forth in this § 17.2. Upon such breach, the non-breaching Party may notify the
breaching Party of the non-breaching Party’s intention to terminate this Agreement if the
breaching Party fails to cure such breach within ninety (90) days from the date of the notice. The
notice must include a reasonable description of the breach. The non-breaching Party shall notify
the breaching Party in writing upon acceptance of the cure of any breach. If by the ninetieth
(90th) day the breaching Party fails or refuses to cure such breach pursuant to the terms and
conditions of this Agreement, then the non-breaching Party shall have the right to terminate this
Agreement with six months additional notice to the breaching Party.
17.3 Termination for Repeated Breach. Upon a second (or any repeated) breach of a similar
nature by a Party and irrespective of any cure of such breach, the non-breaching Party may, after
six (6) months notice to the breaching Party, terminate this Agreement. That notice must be
provided within a reasonable time after the repeated breach that is the basis for the termination.
17.4 Material Breach. The following breach, default or failure to perform a duty or obligation
under this Agreement is a material breach:
TCMUD No. 1 166 of 261 20 JULY 2010
Agreement for Water Service 21
a. Failure to comply with §§ 2.5 or 2.6 requirements regarding rationing,
conservation measures or restrictions;
b. Failure to pay any bill, charge, or fee as required by this Agreement,
including fees required under Article 16;
c. Making any connection to the Fort Worth System at any point except as
provided in § 3.2;
d. Failure to correct any potentially hazardous connection in accordance with
the terms of Article 11, after notice delivered by certified mail;
e. Failure to provide Fort Worth ingress and egress for purposes of operation
and maintenance of any metering facility;
f. Failure to provide Fort Worth rights-of-way as required herein; or
g. Failure to provide Fort Worth an Impact Fee report as required in Article 16.
All other breaches are deemed to be non-material.
17.5 Notice and Cure. In the event of a material or non-material breach, default or failure to
perform a duty under this Agreement, the non-breaching Party may send a notice of such default
to the breaching Party. The notice must include a reasonable description of the breach. If the
breaching Party fails to cure the breach, default or failure within 60 days of that notice, then the
non-breaching Party may give the breaching Party a second notice of its failure to cure the
breach. Failure to cure the breach within 30 days after the second notice shall constitute a
repeated breach, and may result in termination of this Agreement as provided in § 17.3 for
repeated breach. Fort Worth may, upon breach by a Customer, surcharge the Customer an
amount developed and calculated by Fort Worth intended to reimburse Fort Worth for any
damages each month, including 10% interest, until Customer cures that breach. Because failure
to perform obligations under this Agreement cannot be adequately compensated in money
damages alone, the Parties shall have available to them the equitable remedy of specific
performance in addition to any other legal or equitable remedy as may be provided by law.
17.6 Notice and Cure for Nonpayment of Impact Fees. If the breach is based on the non-
payment or underpayment of Impact Fees, then the Customer shall pay Fort Worth the amount of
the non-payment or under-payment within 60 days of the notice required by §§ 17.2 or 17.5, plus
interest at a rate of 10% of the amount owed, accruing from the time at which the payment was
due. An additional charge of $500.00 will be added if no Impact Fee report was filed.
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation. If Customer
breaches §§ 2.5 or 2.6, then the § 17.2 notice provisions do not apply and the Director, in his
sole discretion, may, in writing, set such time in which the Customer shall cure the breach. If
Customer fails or refuses to cure the breach within the stated time, then Fort Worth shall have the
right to declare this Agreement terminated after six (6) months additional notice to Customer.
17.8 Failure to Provide Notice of Withdrawal Rate under § 7.2. Failure to provide § 7.2
notice, provided the Director did not waive notice requirements, will be considered a non-
material breach of the Agreement and, in addition to other remedies available under this
Agreement, shall result in an automatic surcharge in the amount specified in § 17.5 for such non-
material breaches of the Agreement, without further notice requirements.
TCMUD No. 1 167 of 261 20 JULY 2010
Agreement for Water Service 22
17.9 Effect of Termination. Upon termination of this Agreement under this Article 17, all
rights, powers, and privileges of Customer and Fort Worth under this Agreement shall cease and
terminate, and neither Party shall make any claim of any kind whatsoever against the other Party,
its agents or representatives, by reason of termination or any act incident to termination, if the
terminating Party acted reasonably and the termination was not unreasonable, or arbitrary and
capricious. If this Agreement is not renewed before it expires, and the Parties are negotiating in
good faith regarding the provisions of a new agreement, then the Parties may extend the date for
termination, in writing that refers to this § 17.9 and is signed by both Parties. If this Agreement
is not renewed, or if the Agreement is terminated by one of the Parties pursuant to this Article
17, then, as authorized by Texas Water Code § 11.036, this Agreement requires the Customer to
develop alternative or replacement supplies before the expiration or termination of this
Agreement; this requirement may be enforced by the equitable remedy of specific performance,
sought by court order, in addition to any other legal or equitable remedy as may be provided by
law. No continuation of the service obligation exists or will be implied after expiration or
termination.
17.10 No Waiver by Fort Worth. Any failure by Fort Worth to terminate this Agreement, or the
acceptance by Fort Worth of any benefits under this Agreement, for any period of time after a
material breach, default or failure by Customer shall not be determined to be a waiver by Fort
Worth of any rights to terminate this Agreement for any subsequent material breach, default or
failure.
17.11 No Waiver by Customer. Any failure by Customer to terminate this Agreement, or the
acceptance by Customer of any benefits under this Agreement, for any period of time after a
material breach, default or failure by Fort Worth shall not be determined to be a waiver by
Customer of any rights to terminate this Agreement for any subsequent material breach, default
or failure.
ARTICLE 18. Ownership and Liability
18.1 No Joint Venture. No provision of this Agreement shall be construed to create any type
of joint or equity ownership of any property, any partnership or joint venture, nor shall same
create any other rights or liabilities and Customer payments (whether past, present, or future)
shall not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity
in the Fort Worth System.
18.2 Liabilities. Liabilities for damages arising from the proper treatment, transportation and
delivery for all water provided hereunder shall remain with Fort Worth to the point of delivery
and, upon passing through the meter, liability for such damages shall pass to the Customer, save
and except that Fort Worth's sole responsibility is to provide to Customer water of a quality
which meets state and federal drinking water standards. Each Party agrees to save, release and
hold harmless the other Party from all claims, demands, and causes of action which may be
asserted by anyone on account of the quality, transportation and delivery while water is in the
control of such Party. This covenant is not made for the benefit of any third party. Fort Worth
takes the responsibility as between the Parties for the proper treatment, quality, transportation,
and delivery of all such water provided by it to the point of delivery.
TCMUD No. 1 168 of 261 20 JULY 2010
Agreement for Water Service 23
18.3 Contractors. Agreements made and entered into by either Customer or Fort Worth for the
construction, reconstruction or repair of any Delivery Facility shall include the requirement that
the independent contractor(s) must provide adequate insurance protecting both the Customer and
Fort Worth as co-insured. Such Agreement must also provide that the independent contractor(s)
covenant to indemnify, hold harmless and defend both the Customer and Fort Worth against any
and all suits or claims for damages of any nature arising out of the performance of such
Agreement.
ARTICLE 19. Force Majeure
19.1 Notice and Suspension. If by any reason of force majeure either Party shall be rendered
unable, wholly or in part, to carry out its obligations under this Agreement, other than the
obligation of the Customer to make payments required under the terms hereof, then if such
Parties shall give notice and full particulars of such force majeure in writing to the other Party
within a reasonable time after the occurrence of the event or cause relied on, the obligation of the
Party giving such notice, so far as it is affected by such force majeure, shall be suspended during
the continuance of the inability then claimed, but for no longer period, and such Party shall
endeavor to remove or overcome such inability with all reasonable dispatch.
19.2 Definition. The term "force majeure," as employed herein, shall mean acts of God,
strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the
government of the United States or the State of Texas, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply,
and inability on the part of Fort Worth to deliver water hereunder or the Customer to receive
water hereunder on account of any other cause not reasonably in the control of the Party claiming
such inability.
ARTICLE 20. Notices
20.1 Required Notice. Except in the case of an Emergency, any notice or other
communication that is required, given or provided for under this Agreement shall be in writing,
and addressed as follows:
To Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
To Customer: Mayor
City of ______________
Address
___________, Texas 7_____
TCMUD No. 1 169 of 261 20 JULY 2010
Agreement for Water Service 24
With an additional copy to be given to a Customer representative, if designated in writing by
Customer.
20.2 Delivery and Receipt. Notice shall be either (a) delivered personally, (b) sent by United
States certified mail, postage prepaid, return receipt requested, (c) placed in the custody of a
nationally recognized overnight carrier for next day delivery, or (d) sent via telecopy or facsimile
(fax) transmission. Notice shall be deemed given when received if delivered personally or sent
via telecopy or facsimile transmission with written confirmation of receipt; forty-eight (48) hours
after deposit if sent by mail; and twenty-four (24) hours after deposit if sent by nationally
recognized overnight carrier for next day delivery.
20.3 Change of Address Notices. Each Party shall provide notice in writing, as provided in
§ 20.1 of any change in its address.
ARTICLE 21. Inspection and Audit
Complete records and accounts required to be maintained by each Party shall be kept for
a period of five (5) years. Each Party shall at all times, upon notice, have the right at reasonable
times to examine and inspect said records and accounts during normal business hours; and
further, if required by any law, rule or regulation, make said records and accounts available to
federal and/or state auditors. The responding Party shall make the records available promptly
upon request.
ARTICLE 22. Miscellaneous
22.1 Favored Nations. Fort Worth and Customer agree that if Fort Worth should enter into
any future Agreement for supplying treated water to any municipality under more favorable
terms or conditions than set forth herein, this Agreement shall be amended to provide the same
terms and conditions with respect to the sale of treated water to Customer.
22.2 Suspension of Rate of Use Charges. During an Emergency it may be necessary that water
be withdrawn from the Fort Worth System at a rate of usage in excess of the Customer’s
contractually established Maximum Daily Demand and Maximum Hour Demand. It is agreed
that extra Rate of Use Charges that would normally be applicable shall not apply for such bona
fide emergency withdrawals provided that Fort Worth is notified in writing within forty-eight
(48) hours of the occurrence of the Emergency. In any event, the normally applicable Rate of
Use Charges the Customer would have incurred had it not been an Emergency, plus the Volume
Charges for all water delivered, shall be due and payable as described elsewhere in this
Agreement.
22.3 Water to Adjacent Areas. At the request of the Director, Customer agrees to furnish
water to areas and premises situated adjacent to the boundary of Customer and within the
boundaries of Fort Worth, subject to the Texas Water Code and TCEQ regulations regarding
service areas. The metered quantity of water used in this area each month by Fort Worth shall be
the total of all individual customer meter readings. At the option of Customer or Fort Worth, a
master meter may be installed where practicable at the expense of Fort Worth to meter all water
used by Fort Worth under the terms of this § 22.3. The metered quantity of water furnished by
TCMUD No. 1 170 of 261 20 JULY 2010
Agreement for Water Service 25
Customer to Fort Worth shall be deducted from the total quantity of water withdrawn from the
Fort Worth System by Customer before the charge for water service to Customer is computed in
accordance with the payment computations set forth and based on the Volume Charge, the
quantity of water so withdrawn from the Fort Worth System and, if the meter serving those
customers has been equipped to measure it, Maximum Day Demand and Maximum Hour
Demand.
22.4 Subject to Laws and Permits. This Agreement is subject to all applicable federal and
state laws and any applicable permits, amendments, orders, or regulations of any state or federal
governmental authority having or asserting jurisdiction, but nothing contained herein shall be
construed as a waiver of any right to question or contest any such law, order, rule or regulation in
any forum having jurisdiction. Customer agrees to abide by any changes in this Agreement
made necessary by any new, amended, or revised state or federal regulation; however the Parties
may not enact rules or laws that conflict with this Agreement.
22.5 Entry on Customer’s Premises. Upon prior notice by the Director, Customer shall allow
any duly authorized employee of Fort Worth who presents proper credentials to access any
premises located within Customer's Service Area or served by Customer as may be necessary for
the purpose of inspections and observation, measurements, sampling and testing and/or auditing,
in accordance with the provisions of this Agreement. Customer may elect to accompany the Fort
Worth representative. To the extent permitted by law, Fort Worth agrees to be responsible to
Customer for any damage or injury to person or property caused by the negligence of such duly
authorized employee while such employee is in the course and scope of their employment.
22.6 Alternative Dispute Resolution.
22.6.1 The parties shall endeavor, but only to the extent permitted by applicable law and
at no additional cost to Customer, to settle all disputes arising out of or relating to
this Agreement by amicable negotiations.
22.6.2 Any and all disputes arising out of or relating to this Agreement that cannot be
resolved informally will be submitted to mediation. The place of mediation shall
be in Tarrant County, Texas. A mediator shall be jointly agreed to by both
Parties, and the mediator selected shall have expertise in the sale and supply of
treated water. Either Party may apply for injunctive relief until the mediation
decision is rendered or the controversy is otherwise resolved. Either party may,
without waiving any remedy under this Agreement, seek from any court having
jurisdiction any interim or provisional relief that is necessary to protect the rights
or property of that Party, pending the mediator’s determination of the merits of
the controversy. Each Party shall initially bear its own costs and expenses;
however, unless otherwise agreed in mediation, Fort Worth’s costs in mediation,
including expenses, reasonable attorneys’ fees and other costs, shall be a System
Cost. Nothing occurring during mediation shall be considered evidence in court.
22.6.3 If mediation is not successful, either Party may commence litigation to resolve the
dispute. Fort Worth’s litigation costs shall be a System Cost.
TCMUD No. 1 171 of 261 20 JULY 2010
Agreement for Water Service 26
22.7 Information. If requested by the Director, Customer shall provide quarterly the following
data or information:
22.7.1 Actual number of customer accounts consuming directly or indirectly from the
Customer System within Customer’s Service Area;
22.7.2 Classification of domestic and nondomestic accounts within its Customer’s
Service Area by number and percentage of accounts consuming directly or
indirectly from Customer System within its Customer’s Service Area;
22.7.3 Customer water usage from all sources other than the Fort Worth System,
including ground water, other surface water, and water supply agreements with
other entities; and
22.7.4 Additional data which may assist Fort Worth and/or Customer in developing
methodology for cost of service studies, planning studies for analyzing federal
grants, and Impact Fees; provided, however, that neither Party shall request data
that will require either Party to incur unreasonable expenses in providing such
data.
22.8 Assignment. Customer may not assign this Agreement without the prior written consent
of Fort Worth. Fort Worth may not assign this Agreement without the prior written consent of
Customer, except that if Fort Worth’s water utility is designated as a regional water agency by a
duly authorized regulatory body, or if Fort Worth elects to contract with or assign this
Agreement to a regional water authority or utility to provide all or part of the services covered by
this Agreement, the Customer hereby agrees and grants Fort Worth the right to assign this
Agreement under the following conditions. The regional water authority or utility shall assume
and receive the same obligations, responsibilities and benefits as Fort Worth, and Fort Worth or
the regional authority or utility will notify the Customer of such assignment at least ninety (90)
days prior to its effective date.
22.9 No Waiver. No waiver by either Party of any term or condition of this Agreement, or
failure to give notice of any breach, shall be deemed or construed to be a waiver of any other
term or condition or subsequent waiver of the same term or condition.
22.10 VENUE. THE PARTIES AGREE THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT
COUNTY, TEXAS AND THAT THE COURTS OF TARRANT COUNTY ARE A PROPER FORUM FOR THE
DETERMINATION OF ANY DISPUTE ARISING UNDER THIS AGREEMENT.
22.11 Construction. As used in this Agreement, the term "including" means "including without
limitation,” the words "shall” and “will” are mandatory and the word “may” is permissive, and
the term "days" means calendar days, not business days. Wherever required by the context, the
singular shall include the plural, and the plural shall include the singular.
22.12 Severability. If any term or provision in this Agreement is held to be invalid or
unenforceable by any legislative act or court of competent jurisdiction, and the extent of such
invalidity or unenforceability does not cause substantial deviation from the underlying intent of
the parties as expressed in this Agreement, then such invalid or unenforceable provision shall be
TCMUD No. 1 172 of 261 20 JULY 2010
Agreement for Water Service 27
deemed severed from this Agreement without invalidating the remainder of this Agreement, and
a new provision shall be deemed substituted in lieu of the provision severed, which new
provision shall, to the extent possible, accomplish the intent of the parties as evidenced by the
provision severed, and without affecting any other term or provision in this Agreement.
22.13 Use of Return Water. Customer agrees that Fort Worth has the right to own and to use or
sell any Return Water. Customer will not seek or receive any compensation, credit, or offset
from Fort Worth for making the Return Water available to Fort Worth through discharges into
Fort Worth’s wastewater collection and treatment system(s), and agrees that it will not provide
water service under any ordinance or agreement that conflicts with Fort Worth’s rights under this
§ 22.13.
22.14 System Regulatory Actions. Customer agrees, upon the request of Fort Worth, to give
reasonable consideration to supporting Fort Worth, and shall not oppose Fort Worth, on any
permit applications or governmental approvals related to the Fort Worth System.
22.15 Additional Contract Terms. Additional contract terms that apply to the Customer, but not
Fort Worth’s other wholesale customers, are contained in Exhibit F “Additional Terms.”
22.16 Exhibits. All exhibits attached to this Agreement are incorporated into this Agreement by
reference, for all intents and purposes of this Agreement, as follows:
Exhibit A Customer Service Area and mutually agreed point(s) of
delivery on the Effective Date.
Exhibit B Stand-by Charge (Example Calculation)
Exhibit C Example of the Annual Bill Calculation
Exhibit D Calculation of PILOT and Cost of Service Revenue
Requirement to Recover the Cost of Pilot
Exhibit E Map of Existing Connections Outside Customer's Service
Area [if any].
Exhibit F Additional Terms [if any]
[T H I S S P A C E I N T E N T I O N A L L Y B L A N K]
TCMUD No. 1 173 of 261 20 JULY 2010
Agreement for Water Service 28
IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the Parties,
this Agreement has been executed in quadruplicate copies, each of which is considered to be an
original.
ATTEST: CITY OF FORT WORTH
___________________________________ By:__________________________________
City Secretary, City of Fort Worth Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
___________________________________
City Attorney, City of Fort Worth
Date: _____________________________
APPROVAL RECOMMENDED:
__________________________________
Director
City of Fort Worth Water Department
ATTEST: CUSTOMER ________________________
___________________________________ By:__________________________________
Secretary
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Attorney
Date: _________________________________
APPROVAL RECOMMENDED:
______________________________________
Print Name: ____________________________
Title: _________________________________
TCMUD No. 1 174 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12020-102-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/13/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action concerning Interlocal Agreement for Employee and Contractual
Services.
Attachments:Combined Employee Services -6th Draft.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 175 of 261 20 JULY 2010
File #: 2020-102-M1, Version: 1
Title
Discuss and take appropriate action concerning Interlocal Agreement for Employee and Contractual
Services.
Body
Draft ILA is attached for Board's review and comment.
TCMUD No. 1 176 of 261 20 JULY 2010
July 14, 2010 DRAFT
INTERLOCAL AGREEMENT FOR EMPLOYEE AND CONTRACTUAL
SERVICES
This Interlocal Agreement for Employee and Contractual Services (the
"Agreement") is made by and between the following parties:
Trophy Club Municipal Utility District No. 1 (“MUD1”)
100 Municipal Drive
Trophy Club, Texas 76262
and
Town of Trophy Club, Texas ("Town")
100 Municipal Drive
Trophy Club, Texas 76262,
MUD1 and Town may also be individually referred to as “Party” or collectively
referred to as the “Parties.”
WHEREAS, MUD1 is a Municipal Utility District created and operating
under the provisions of Article XVI, Section 59, of the Texas Constitution, and the
general laws of the State of Texas including, particularly, Chapter 54 and 49 of
the Texas Water Code, as amended.
WHEREAS, Town is a home-rule municipal corporation duly organized
and operating pursuant to the Constitution and laws of the State of Texas and its
home rule charter.
WHEREAS, MUD1 and Town each perform certain governmental services
or functions within their respective jurisdictions. Prior to the execution of this
Agreement, MUD1 and Town were parties to a written agreement dated and
effective as of October 1, 1998, entitled INTERGOVERNMENTAL CONTRACT
FOR EMPLOYEE SERVICES (the "1998 CONTRACT FOR EMPLOYEE
SERVICES") wherein MUD1 (in its capacity as the "Master District" at that time
for itself and MUD 2) and Town agreed that all employees of MUD1 became
employees of Town subject to the personnel policies of Town and included on
the payroll of Town so that employment salaries, benefits, and personnel policies
of both MUD1 and Town could be administered more efficiently, effectively, and
economically. The 1998 CONTRACT FOR EMPLOYEE SERVICES was
renewed and amended with the last amendment having become effective in
February of 2008.
TCMUD No. 1 177 of 261 20 JULY 2010
WHEREAS, as a result of the consolidation election held in May, 2009,
MUD1 and MUD2 were consolidated with the consolidated entity being named
Trophy Club MUD 1. Since the consolidation election, MUD1 and Town have
determined it necessary to change the structure and terms of the 1998 Contract
for Employee Services; and therefore, this Agreement supersedes the 1998
CONTRACT FOR EMPLOYEE SERVICES and all amendments thereto.
WHEREAS, this Agreement is executed by MUD1 and Town as an
Interlocal contract under Chapter 791 (the Interlocal Cooperation Act) of the
Texas Government Code.
WHEREAS, this Agreement has been authorized by the governing body
of each Party to this Agreement. The governing body of each Party to this
Agreement has determined that the terms and provisions of this Agreement are
desirable, fair, and advantageous for that party and therefore the Agreement
serves a valid public purpose.
WHEREAS, the Parties to this Agreement believe that their longstanding
contractual and cooperative relationship benefits both Town and MUD1, and their
respective taxpayers and customers, because employee services and the
administration of employment issues are handled in a more efficient, effective
and economical manner, and governmental services which are the responsibility
of each of the respective entities are performed by a single combined workforce
consisting of Town Employees, MUD1 Funded Employees, and Jointly Funded
Employees.
WHEREAS, the Parties agree that while MUD1 and Town each perform
distinct governmental services or functions within their respective jurisdictions,
they also have a community of interest in performing these services and
functions. MUD1 and Town have determined that this community of interest is
best served by continuing their cooperative and intergovernmental contractual
relationship with respect to employment services and employment benefits and
that all costs paid hereunder shall be paid from current revenues legally available
to each Party.
NOW, THEREFORE, for and in consideration of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other
good and valuable consideration, the Town of Trophy Club, Texas and the
Trophy Club Municipal Utility District No. 1 do hereby contract and agree as set
forth herein below and the foregoing recitals are agreed upon and incorporated
herein as a part of this Agreement.
TCMUD No. 1 178 of 261 20 JULY 2010
I.
Term / Termination
1.01 Term. Upon approval by the respective governing bodies of MUD1 and
Town, the Parties agree that this Agreement shall be executed by their
respective authorized representatives and shall take effect on October 1, 2010.
The initial term of this Agreement shall be for a period of one (1) year, and this
Agreement shall automatically renew annually for five (5) additional periods of
one (1) year each unless written notice of nonrenewal by either party is given to
the other Party at least ninety (90) days prior to October 1 of each year.
1.02 Termination for Default. Either Party may terminate this Agreement for
the failure of the other Party to perform its obligations hereunder if such
defaulting Party fails to cure the default within ninety (90) days after the date of
written notice of default.
II.
Definitions
2.01 Administrative Assistance: Miscellaneous clerical and administrative
services provided by a designated individual Town Employee or Town
Employees for the purpose of providing administrative support to Jointly Funded
Employees as provided in this Agreement.
2.02 Benefits: Programs for health insurance, life insurance, disability,
retirement, workers compensation and similar employment type benefits provided
by Town to its Employees pursuant to Town employment policies.
2.03 Benefits and Human Resources Services: Services provided by
designated Town Employee(s) in order to process benefits for and enrollment in
various retirement programs, disability, health and life insurance programs, and
workers compensation programs approved and funded by Town and/or MUD1,
and services necessary to provide general training programs that are available to
all Town Employees and/or that are requested by MUD1.
2.04 Emergency Medical Services: Health care provided by trained
paramedics.
2.05 Fire Chief: The Jointly Funded Employee supervising the Trophy Club
Fire Department who reports directly to the District Manager and the Town
Manager.
2.06 Firefighting Services: Fire suppression, fire prevention, fire code
enforcement and investigation, and public education provided by trained
firefighters.
TCMUD No. 1 179 of 261 20 JULY 2010
2.07 Information Technology Department: The Information Technology
Department operated by Town, which provides any and all technology related
services and support.
2.08 Jointly Funded Employees: Town Employees, including a Fire Chief,
Firefighters and/or Emergency Medical Services Personnel, who provide
Firefighting Services and Emergency Medical Services to both MUD1 and Town.
2.09 MUD1 Funded Employees: Employees of Trophy Club Municipal Utility
District No. 1 who report to and are supervised by the MUD1 District Manager
per the MUD1 organizational chart, including without limitation, employees of
Municipal Utility District No. 1 who report directly to the MUD1 Board of Directors.
2.10 Operation(s), Operational, Operational Functions and/or Operational
Standards: Those technical functions performed by Jointly Funded Employees
and/or MUD1 Funded Employees for MUD1 which are governed or regulated by
a state or federal regulatory agency, regulatory standards or permit standards, or
other applicable local, state, or federal law or which are regulated by an SOP of
MUD1 pursuant to this Agreement.
2.11 Permit Department: The Permit Department operated by Town which
provides fee collection services, general customer service, utility related services,
including without limitation, the processing of work orders, and other related
services.
2.12 Personnel Policies: The personnel policies entitled “Municipality of
Trophy Club Personnel Manual, effective June 15, 2006, and approved by Town
and MUD1, and as hereafter amended by agreement of the Town Manager and
District Manager and approved by the respective governing bodies of Town and
MUD1 as required by their respective policies and procedures.
2.13 Support Services: Services provided to MUD1 by Town Employees
assigned to the Permit Department; Town Employees assigned to the
Information Technology Department; Jointly Funded Employees who provide
Emergency Medical Services, Town Employees who provide Administrative
Assistance in accordance with this Agreement, and Town Employees who
provide Benefits and Human Resources Services as specifically identified in this
Agreement.
2.14 Town Employees: Employees of the Town of Trophy Club who report to
and are supervised by the Town Manager per the Town of Trophy Club’s
organizational chart, including without limitation, employees of the Town of
Trophy Club who report directly to the Town Council.
TCMUD No. 1 180 of 261 20 JULY 2010
III.
Categories of Employees and Employee Supervision
3.01 Jointly Funded Employees. Town and MUD1 have determined it to
serve their best interests and the best interests of the taxpayers of the Town by
collaboratively providing Firefighting Services and Emergency Medical Services
through the Trophy Club Fire Department operated by MUD1 (hereinafter “Fire
Department”.) The Fire Department provides all fire and medical emergency
related services to the residents of the Town of Trophy Club. In the interests of
safety and efficiency, Town and MUD1 utilize a combined professional staff of
Jointly Funded Employees to provide those services. Town pays for the costs of
Emergency Medical Services and MUD1 pays for the costs of Firefighting
Services on an equal basis as more specifically set forth in Section 5.01 of
Paragraph V “Jointly Funded Employees.”
Additionally, Town shall provide certain services for Jointly Funded Employees
as more specifically set forth in Paragraph IV “Contractual Services” of this
Agreement. In consideration for those services provided to Jointly Funded
Employees under Paragraph IV, MUD1 shall compensate Town in accordance
with Section 5.01 of Paragraph V “Compensation”. The Parties understand
and agree that on and after the effective date of this Agreement, all Jointly
Funded Employees shall continue as Town Employees and shall be subject to
the personnel policies adopted by Town in accordance with the terms of this
Agreement. The Parties agree that the attached organizational chart identifies
the operating structure of the respective operations of the Parties and their
relationship under this Agreement. The Organizational Chart is attached hereto
and incorporated herein as Exhibit A. MUD1 shall have exclusive control and
oversight over the Operation(s), performance, reporting, hiring, firing, and
discipline of all such Jointly Funded Employees providing Firefighting
Services through the Fire Chief who reports to both the Town Manager and
District Manager. Town shall have exclusive control and oversight over the
Operation(s), performance, reporting, hiring, firing, and discipline of all such
Jointly Funded Employees providing Emergency Medical Services through
the Fire Chief who reports to both the Town Manager and District Manager.
3.02 MUD1 Funded Employees. MUD1 has employees which are the
exclusive employees of MUD1. MUD1 shall have exclusive control and
oversight over the Operation(s), performance, reporting, hiring, firing, and
discipline of all MUD1 Funded Employees. Town has agreed to provide
services for MUD1 Funded Employees as set forth in Paragraph IV
“Contractual Services” of this Agreement. Prior to and consistently since
the incorporation of the Town, MUD1 or its predecessors have provided water
and wastewater services to the residents of the Town of Trophy Club.
Currently, MUD1 Funded Employees provide water and wastewater services
to the residents of Town. Water and wastewater services are governmental
TCMUD No. 1 181 of 261 20 JULY 2010
functions which Town also has authority under state law to provide to its
residents. The provision of water and wastewater services to Town by MUD1
is beneficial to Town and the residents of Town. In consideration for those
services provided by MUD1 Funded Employees, Town has agreed to provide
Benefits for MUD1 Funded Employees as set forth in Paragraph V
“Compensation” of this Agreement.
IV.
Contractual Services
4.01 Support Services Provided to MUD1. Town shall provide Support
Services to MUD1 in accordance with the following provisions:
A. Benefits and Human Resources Services. Town shall provide
Benefits and Human Resources Services as defined above to MUD1
Funded Employees and to Jointly Funded Employees. In
consideration for the Benefits and Human Resources Services
provided by Town, MUD1 shall compensate Town in accordance with
Section 5.02 of Paragraph V. “Compensation”. Town shall have
exclusive control and oversight over the Operations, performance,
hiring, firing, and discipline of the employees providing Benefits and
Human Resources Services to MUD1 under this Agreement.
B. Other Support Services. Town shall provide services as more
specifically described herein from the Information Technology
Department, from the Permit Department, and shall also provide
Administrative Assistance to MUD1 Funded Employees and Jointly
Funded Employees (hereinafter collectively referred to as “Other
Support Services”.) In consideration for the provision of such Other
Support Services provided by Town, MUD1 shall compensate Town in
accordance with Section 5.02 of Paragraph V. “Compensation”.
1. Information Technology Department. The Information
Technology Department shall provide the use of all existing
hardware and software purchased or funded solely by MUD1
and/or jointly by MUD1 and Town in accordance with properly
executed licensing agreements. The Information Technology
Department shall provide general implementation, support,
and assistance with the use of all hardware and software in
existence upon execution of this Agreement and thereafter
acquired or funded solely by MUD1 and/or jointly by MUD1
and Town. All hardware, software, or other infrastructure
items acquired for the sole use by Town or MUD1 shall be
funded 100% by Town or MUD1 respectively. The Information
Technology Department shall provide the same level of
TCMUD No. 1 182 of 261 20 JULY 2010
service to MUD1 as provided to Town as if Town and MUD1
were one and the same.
2. Permit Department. The Permit Department shall provide
services for the acceptance and processing of permit
applications and for the completion of any and all inspections
required by MUD1 Orders, policies and regulations. The
Permit Department shall relieve and/or assist the Utility Billing
Department on an as-needed basis as agreed upon by the
Town Manager and District Manager. The Permit
Department shall provide the same level of service to MUD1
as provided to Town as if Town and MUD1were one and the
same.
3. Administrative Assistance. Administrative Assistance shall
be provided as necessary to support those Jointly Funded
Employees providing Firefighting Services. Administrative
Assistance shall be provided to MUD1 at the same level of
service as provided to Town as if Town and MUD1 were one
and the same.
4.02 Oversight. Town shall have exclusive control and oversight over
performance, Operational reporting, hiring, firing, and discipline of Town
Employees providing Support Services. MUD1 shall not have any hiring, firing,
or supervisory authority over Town Employees providing Support Services to
MUD1.
V.
Compensation
5.01 Jointly Funded Employees. As compensation for the services provided
to MUD1 by Jointly Funded Employees under this Agreement, upon Town
presenting a detailed listing of all incurred expenses, MUD1 agrees to pay to
Town at least monthly an amount equal to fifty percent (50%) of the actual costs
incurred by Town for salary, benefits, and other compensation of the Jointly
Funded Employees providing services to MUD1, subject to Paragraph IX.
“Budget/New Jointly Funded Employees” of this Agreement. The term
"actual costs" as used in this Agreement means those costs that Town incurs over
and above the cost that Town would incur if it were not providing personnel to
perform services for Jointly Funded Employees. Whenever practical to do so,
Town shall have costs (other than employee costs) associated with MUD1
functions charged directly to MUD1, including but not limited to training expenses,
travel, supplies, administrative and other miscellaneous costs not directly
attributable to salary benefits and other compensation.
TCMUD No. 1 183 of 261 20 JULY 2010
5.02 Equipment Use. Town and MUD1 agree that the use of all equipment
owned by or leased by Town and/or MUD1 may be used by licensed and/or
qualified Town Employees, MUD1 Funded Employees and/or Jointly Funded
Employees in the performance of Town and/or MUD1 business on a “share and
share alike” basis provided that the requesting Party receives prior approval of
the Manager for the Party owning or leasing such equipment.
5.03 Support Services. As compensation for the Support Services provided
to MUD1 Employees and Jointly Funded Employees by Town Employees under
this Agreement, MUD1 agrees to pay to Town a sum not to exceed TWO
HUNDRED TWENTY EIGHT THOUSAND SEVENTY FIVE AND 63/100
DOLLARS ($228,075.63). Payment shall be made in two (2) installments. The
first installment shall be paid on October 1, 2010 and the second installment shall
be due on March 1, 2011. A detail of the costs of the Support Services
provided is attached hereto and incorporated herein as Exhibit “B” entitled
“Cost Details”.
5.04 Financial Services. Parties agree to reciprocate their financial
expertise and services equitably, especially in the first year of the contract, as
if they were one of the same.
5.05 MUD1 Funded Employees - Benefits. The Parties recognize that
MUD1 provides a valuable service to the residents of the Town by providing
water and wastewater services. The Parties further recognize that by
providing such services to the residents of Town, MUD1 and Town receive a
benefit in cost efficiencies and quality of service. In consideration for the
provision of those services by MUD1 and the gain received by Town as a
result thereof, Town shall allow MUD1 Funded Employees to participate in the
Benefits provided by Town to Town Employees. MUD1 Funded Employee
participation shall be to the same extent and on the same level that Town
Employees are allowed to participate in such Benefits. MUD1 shall pay all
costs associated with the provision of Benefits to MUD1 Funded Employees
and all other costs of the services of MUD1 Funded Employees, except as
may be expressly provided herein.
5.06 Miscellaneous Expenses. Each of the Parties shall be responsible for
the cost of all materials necessary for the support and completion of their
respective programs and projects.
VI.
MUD1 Management
MUD1 retains a Manager to oversee the operations of MUD1 (hereinafter
“District Manager”). The District Manager may be an independent contractor or a
MUD1 Funded Employee. This Agreement is not intended to make any change
in any separate contract that may exist now or in the future between MUD1 and
TCMUD No. 1 184 of 261 20 JULY 2010
the District Manager. Whether the District Manager is an independent contractor,
or MUD1 Funded Employee, the District Manager shall report directly to the
Board of Directors of MUD1 except where otherwise specifically provided in this
Agreement. The person designated as the District Manager for MUD1 shall be
exclusively supervised and directed by the Board of Directors of MUD1. District
Manager shall be entitled to participate in Benefits provided by Town to Town
Employees. District Manager participation shall be to the same extent and on
the same level that Town Employees are allowed to participate in such
Benefits.
VII.
Personnel Policies
7.01 Personnel Policies - Interim. MUD1 and Town agree to continue
operating under the previously adopted Personnel Policies (defined above)
until such time as new personnel policies are adopted in accordance with
Section 7.02 of this Agreement. Until such time as new policies are adopted,
both Parties agree to comply with the following:
a. Jointly Funded Employees, MUD1 Funded Employees, and Town
Employees shall all be subject to and governed by the Personnel
Policies.
b. Additions, deletions or other changes to the Personnel Policies that
do not involve a fiscal impact may be changed by joint agreement of
the District Manager and Town Manager.
c. Additions, deletions or other changes to the Personnel Policies that
cause, affect or otherwise involve a fiscal impact shall first be approved
by each Party’s respective governing body as a condition precedent to
implementation of any such addition, deletion or change.
7.02 Companion Personnel Policies. Town and MUD1 understand and
agree that the implementation of this Agreement and the resulting changes to
their respective organizational structures may necessitate changes to the
existing Personnel Policies. The Town Manager and District Manager shall
collectively review existing Personnel Policies and shall work together to
develop separate but companion personnel policies, which to every extent
practicable shall keep MUD1 personnel policies and Town personnel policies
aligned and consistent. Further, each Party agrees to work together when
amending its respective policies in order to keep such policies as consistent
as practicable with the personnel policies of the other Party.
The Town Manager and the District Manager agree to complete the review
and development of their respective personnel policies as expediently as
possible. The Parties further agree to implement their respective personnel
policies on the same date. Until the personnel policies of both Town and
TCMUD No. 1 185 of 261 20 JULY 2010
MUD1 have been implemented, the Parties shall continue to operate under
the Personnel Policies in accordance with Section 7.01 hereinabove.
VIII.
Standard Operating Procedures
The Fire Chief shall develop and implement Standard Operating
Procedures (“SOPs”) applicable to Jointly Funded Employees and governing the
use of assets and facilities of both Town and MUD1; provided however that such
SOPs shall not conflict with Personnel Policies, including personnel policies
adopted after the effective date of this Agreement. Prior to implementation, the
SOPs must be approved by both the Town Manager and the District Manager.
IX.
Budget / New Jointly Funded Employees
Each year, as part of the approval of the respective budgets of the Parties,
the governing body for each of the Parties approves a listing of funded positions
and/or an organizational chart showing all Jointly Funded Employee positions.
The approved budgets contain detailed information regarding the amount of
money that each of the parties hereto contributes toward the expenses of such
Jointly Funded Employee positions. Town and MUD1 agree hereunder that the
positions and payment approved in their respective budgetary processes shall
comply with the terms of this Agreement and shall serve as partial consideration
for the services provided under this Agreement.
As new or additional Jointly Funded Employees are needed to perform
services for MUD1, Town shall follow Town personnel policies and procedures in
the selection of those employees. Prior to the hiring of any Jointly Funded
Employee to perform services for MUD1, Town shall request from MUD1, or its
designee, the approval of the selection, compensation, benefits, and job
description of each such Jointly Funded Employee. In the event of a conflict
under this Paragraph, the District Manager and Town Manager shall meet and
discuss the identified conflict and shall use reasonable efforts to resolve the
conflict in order to meet the needs of both MUD1 and Town. MUD1 shall not be
required to fund any decision that it has not approved regarding a Jointly Funded
Employee. All Jointly Funded Employees shall be supervised and directed by
the Fire Chief with discipline for such Jointly Funded Employees being
administered in accordance with Paragraph XI “Discipline of Jointly Funded
Employees”.
Nothing in this Agreement shall be interpreted as an abdication by MUD1
of their governmental rights, powers, and duties with regard to services provided
by MUD1 to third parties.
TCMUD No. 1 186 of 261 20 JULY 2010
XI.
Discipline of Jointly Funded Employees
The Parties agree that Personnel Policies (defined above) and Town
adopted standard personnel policies and disciplinary procedures which are
implemented after the effective date of this Agreement in accordance with
Paragraph VII “Personnel Policies” (hereinafter collectively “Town Personnel
Manual”), shall apply to all Jointly Funded Employees.
The following provision(s) shall apply to Jointly Funded Employees:
1. In all cases in which the established facts show a clear violation of the
Town Personnel Manual, its provisions shall apply and shall be
administered by the Town Manager alone in accordance with the Town
Personnel Manual. In addition to Town Personnel Manual, MUD1 has
established certain Standard Operating Procedures (SOPs) to be
followed by Jointly Funded Employees.
2. In cases where an alleged violation of Town Personnel Manual is not
clearly defined by the facts but where an alleged violation of one or
more of the SOPs of MUD1 exists, the input of the District Manager
shall be a prerequisite to any disciplinary measure taken for such
violation. Should the input of the District Manager result in a conflict
with the disciplinary measure proposed by the Town Manager, then the
Town Manager and the District Manager shall work to resolve such
conflict, and if they are unable to resolve the conflict, the conflict shall
be resolved by referral of the matter to the MUD1 President and to the
Town Mayor for final disposition.
XII.
Liability; Insurance; Workers Compensation Coverage; Indemnification
12.01 Liability. Town shall be responsible for the acts, negligence, and
omissions of Town Employees providing Support Services to MUD1 and of
Jointly Funded Employees performing services for MUD1, unless the acts or
omissions were pursuant to Operational Standards or SOPs of MUD1 or District
Manager or actions or omissions performed pursuant to or under the direction,
supervision, or instruction of MUD1 or of the District Manager. If the acts or
omissions were pursuant to Operational Standards or SOPs of MUD1 or of the
District Manager, or the acts or omissions were performed pursuant to or under
the direction, supervision, or instruction of MUD1 or of District Manager, MUD1
shall assume liability for the acts, negligence or omissions of such Town
Employees.
12.02 Liability Insurance and Workers Compensation Coverage. The
Parties to this Agreement shall each individually obtain liability insurance, with
TCMUD No. 1 187 of 261 20 JULY 2010
coverages as mutually agreed upon, that the parties determine will insure
themselves individually and collectively from liabilities related to and arising out
or this Agreement and fulfill the indemnity obligations of each party, to the extent
allowed by law, under this Agreement. Such insurance shall insure against
liability arising out of or related to the work performed by Jointly Funded
Employees under this Agreement, with both parties named as additional insured
under such insurance policies. Notwithstanding the foregoing, Town shall
provide and administer Workers Compensation coverage for Jointly Funded
Employees in addition to all Town Employees. MUD1 shall administer the
Workers Compensation coverage for MUD1 Funded Employees.
12.03 Indemnification. To the extent allowed by law, both Town and MUD1
agree to defend, indemnify and hold each other harmless from their
respective negligence or intentional conduct arising out of or related to this
Agreement and resulting in harm to them individually or to a third party,
including without limitation property damage to the parties hereto or to a
third party. The indemnity provided hereunder extends to all costs and
expenses incurred, including reasonable attorney's fees, to defend against,
settle or pay the claim asserted by another. In the event a written claim is
made by another against either Town or MUD1, written notice of the claim
shall immediately be given to the other party, in order that the other party
may determine whether its indemnity duty must be performed and in order
to allow the indemnitor to perform indemnity. If any part of the foregoing
indemnity shall be deemed or determined unenforceable or contrary to
public policy by a court of competent jurisdiction, then each party shall
contribute to any judgment according to its percentage of fault.
12.04 Governmental Immunity. Notwithstanding the foregoing, neither Town
nor MUD1 waive any immunity or defense that would otherwise be available to it
against claims arising from the exercise of governmental powers and functions,
and nothing in this Agreement shall be deemed a waiver of the governmental,
sovereign, or official immunity afforded by law to either Town or MUD1.
XIII.
Further Cooperation
The Parties to this Agreement agree to cooperate, to sign and to deliver
any other documents that may be necessary or appropriate to implement the
provisions of this Agreement. In the event of a conflict under this Agreement, the
Parties agree to meet and discuss the identified conflict and to use reasonable
efforts to resolve the conflict in order to meet the needs of both MUD1 and Town.
TCMUD No. 1 188 of 261 20 JULY 2010
XIV.
Miscellaneous
14.01 Severability. If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this
Agreement are for any reason held to be invalid, void or unenforceable, the
remainder of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this Agreement shall
remain in full force and effect and shall in no way be affected, impaired or
invalidated.
14.02 Non Waiver. All rights, remedies and privileges permitted or available to
any Party under this Agreement or at law or equity shall be cumulative and not
alternative, and the election by a Party of any such right, remedy or privilege
shall not constitute a waiver or exclusive election of rights, remedies or privileges
with respect to any other permitted or available right, remedy or privilege for that
Party. Additionally, one instance of forbearance by the any party in the
enforcement of any such right, remedy or privilege against another Party, shall
not constitute a waiver of any other or such right, remedy or privilege by the
forbearing Party. A default by any Party under this Agreement shall not result in a
forfeiture of any rights, remedies, or privileges under this Agreement by such
defaulting Party.
14.03 Amendment. This Agreement may not be amended or modified unless
such amendment or modification is in writing and signed by an authorized
representative of each of the Parties hereto. Additionally, any such amendment
or modification signed by the Parties shall only be valid if done pursuant to the
vote of the respective governing body of each Party authorizing such amendment
or modification to this Agreement.
14.04 Assignment. This Agreement may not be sold, transferred, or assigned
by any Party without the express written consent of the other Party hereto.
14.05 Entire Agreement. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or
written, covering the same subject matter. This Agreement may not be modified
or amended except in writing mutually approved in accordance with Paragraph
14.04 herein.
14.06 Notices. Written notice shall be deemed effective as of the date of
posting with the United States mail service. All notices hereunder shall be given
in writing by certified mail, postage prepaid, return receipt requested, at the
following addresses for each Party:
Town:
TCMUD No. 1 189 of 261 20 JULY 2010
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Attention: Town Manager
MUD1:
Trophy Club Municipal Utility District No. 1
100 Municipal Drive
Trophy Club, Texas 76262
Attention: District Manager
14.07 Applicable Law / Venue. This Agreement is entered into under and
made pursuant to, and is to be construed and enforceable in accordance with the
laws of the State of Texas. Exclusive venue for any action to enforce or construe
this Agreement shall lie in Denton County, Texas.
14.08 Severability. In the event that any portion of this Agreement shall be
found by a court of competent jurisdiction to be contrary to law, it is the intent of
the Parties hereto that the remaining portions of this Agreement shall remain
valid and in full force and effect to the extent possible.
14.09 Independent Parties. The Parties intend that Town and MUD1 in
performing their obligations hereunder, shall act as independent parties and shall
each have control of their respective obligations and the manner in which its
obligations are performed. Neither Town or MUD1, or their respective officials,
employees, contractors, agents, representatives, or any other person(s)
operating under this Agreement on behalf of one or more of the Parties hereto,
shall be considered an agent or employee of any other Party hereto. Each of the
Parties agrees to and accepts full responsibility for the acts, negligence and/or
omissions of their respective employees, contractors, agents, representatives, or
any other person(s) operating under this Agreement on behalf of such Party.
14.10 No Third Party Beneficiary. This Agreement is not intended to effect or
create any additional rights or obligations on the part of third parties who are not
a signatory to this Agreement.
14.11 Construction of Document. This Agreement is a negotiated document
and shall be deemed drafted equally by all Parties hereto. The language of all
parts of this Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is to be
construed against any Party shall not apply.
TCMUD No. 1 190 of 261 20 JULY 2010
14.12 Force Majeure. Neither of the Parties hereto shall be required to perform
any term, condition, or covenant in this Agreement so long as performance is
delayed or prevented by force majeure, which shall mean acts of God, strikes,
lockouts, material or labor restrictions by any governmental authority, civil riots,
floods, and any other cause not reasonably within the control of such Party and
which by the exercise of due diligence such Party is unable, wholly or in part, to
prevent or overcome.
XV.
Execution and Date
This Agreement is signed by the Parties in multiple counterparts. This Agreement
is dated and shall be effective for all purposes as of October 1, 2010.
TROPHY CLUB MUNICIPAL UTILITY TOWN OF TROPHY CLUB, TEXAS
DISTRICT NO. 1
By: _______________________ By: ___________________________
Jim Thomas, President Connie White, Mayor
Attest: Attest:
By: _______________________ By: ___________________________
Mary Moore, MUD Secretary Lisa Hennek, Town Secretary
Approved as to form: Approved as to form:
_____________________________ _______________________________
Attorney for MUD1 Patricia A. Adams, Town Attorney
TCMUD No. 1 191 of 261 20 JULY 2010
EXHIBIT “A”
ORGANIZATIONAL CHART
TCMUD No. 1 192 of 261 20 JULY 2010
Residents/Customers/Rate PayersMUD 1 BoardDistrict ManagerMUD SecretarySenior AccountantFire Chief joint funded employeeAssistant Utility SuperintendentAdministrative Assistant/ReceptionistUtility Billing AdministratorUtility Billing AssistantAssistant Superintendent -WaterAssistant Superintendent -CollectionsAssistant Superintendent -WWTPUtility Workers –Water 100% MUDUtility Workers –Collections100% MUDUtility Workers –Wastewater100% MUDFirefightersjoint funded employeesTown ManagerTCMUD No. 1193 of 26120 JULY 2010
N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth
Draft).doc 17
EXHIBIT “B”
COST DETAILS
2010/2011
Contract
Amount Admin % Admin Cost
Department
Cost Total Cost
General Admin 1.67% $0.00 $0.00
Payroll $45,653.00 $47,479.12
HR $31,417.00
Finance $14,236.00
IT
$77,284.00 3.34% $9,808.26 $87,092.26 $90,575.95
Fire Admin
$25,479.00 1.67% $4,904.13 $30,383.13 $31,598.46
Permitting
$31,488.00 1.67% $4,904.13 $36,392.13 $37,847.82
Fire
Department $0.00 $19.782.97 $19.782.97 $20,574.29
$219,303.49
$228,075.63
TCMUD No. 1 194 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-97-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/23/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action concerning development of half-page ad for Town's 25th
Anniversary tab insert in The Times Register.
Attachments:
Action ByDate Action ResultVer.
TCMUD No. 1 195 of 261 20 JULY 2010
File #: 2010-97-M1, Version: 1
Title
Discuss and take appropriate action concerning development of half-page ad for Town's 25th
Anniversary tab insert in The Times Register.
Body
Excerpt from June 15th minutes: The Committee has planned to have a 16-page tab insert in the Trophy Club paper, self-
contained for keepsake for history. The Alliance Newspaper is coordinating this with the Committee. Ads are needed to support this
event. MUD 1, as a silver sponsor, will receive a half-page ad on the back page of the tab insert.
TCMUD No. 1 196 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-98-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/23/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action concerning developing a "tag line" for TCMUD 1 for tab insert for
Town's 25th Anniversary Celebration.
Attachments:MUD #1 Logo.pdf
Re_ MUD #1 Logo.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 197 of 261 20 JULY 2010
File #: 2010-98-M1, Version: 1
Title
Discuss and take appropriate action concerning developing a "tag line" for TCMUD 1 for tab insert for
Town's 25th Anniversary Celebration.
Body
From: Margi Cantrell
Sent: Wednesday, June 16, 2010 10:00 AM
To: Jim Thomas; Robert Scott; Mary Moore
Cc: Kathy Carlton; Dianne Rabbe; Joyce Frey; Connie & Jon White
Subject: MUD #1 Logo
Thank you for your fine support toward the upcoming Town's 25th Anniversary celebration. The
committee sincerely appreciates the Board's financial commitment and will be working hard to
maximize this investment on your behalf.
I believe this will be a great way for the MUD to honor their 35+ years of serving our area while
toasting the Town.
So we can begin immediately including the MUD on all banners including 4th of July signage,
advertising information, etc., please send in j-peg format your logo in black and white, as well as
color. If you have a tag line like "Proudly serving our community for over 35 years",please provide it as well
if it is not incorporated in the logo, and we will work to use the line on promotional materials as much as
possible.
Will also send you the exact size the half page ad needs to be early next week so you can begin
developing our ad, which is due on July 30, 2010.
Thanks again. We look forward to a great event for everyone.
Margi Cantrell
TCMUD No. 1 198 of 261 20 JULY 2010
From:jimthomas7777@aol.com
To:Mary Moore
Subject:Re: MUD #1 Logo
Date:Wednesday, June 16, 2010 6:41:53 PM
Sounds good to me.
Jim
In a message dated 6/16/2010 4:31:44 P.M. Central Daylight Time, mmoore@ci.trophyclub.tx.us writes:
Since this is a celebration of Trophy Club, why not say,
Proudly serving Trophy Club for 35 Years!!
Thank you!
Mary
To accomplish great things, we must not only act but also dream, not only plan but also believe!
From: jimthomas7777@aol.com [mailto:jimthomas7777@aol.com]
Sent: Wednesday, June 16, 2010 1:32 PM
To: Robert Scott; Mary Moore
Subject: Fwd: MUD #1 Logo
What about using a take-off on Margi's idea --- as our tag line? (customers instead of
community)
"Proudly serving our
customers for over 35 years"
Jim
From: mcgroup4764@sbcglobal.net
To: jthomas@ci.trophyclub.tx.us, rscott@ci.trophyclub.tx.us,
mmoore@ci.trophyclub.tx.us
CC: kcarlton@aagdallas.com, dianne@rabbe.net, william.frey@charter.net,
jonconw@charter.net
Sent: 6/16/2010 10:00:09 A.M. Central Daylight Time
Subj: MUD #1 Logo
Proudly serving our
community for over 35 years
TCMUD No. 1 199 of 261 20 JULY 2010
IMPORTANT WARNING: This message is intended for the use of the person or entity to which it is
addressed and may contain information that is privileged and confidential, the disclosure of which is
governed by applicable law. If the reader of this message is not the intended recipient, or the employee or
agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this information is STRICTLY PROHIBITED.[v:102105]
TCMUD No. 1 200 of 261 20 JULY 2010
From:jimthomas7777@aol.com
To:Mary Moore
Subject:Re: MUD #1 Logo
Date:Thursday, June 24, 2010 6:01:17 PM
OK.
Jim T.
-----Original Message-----
From: Mary Moore <mmoore@ci.trophyclub.tx.us>
To: jimthomas7777@aol.com
Sent: Wed, Jun 23, 2010 1:18 pm
Subject: RE: MUD #1 Logo
Jim,
I have added an agenda item for the July agenda to discuss the ½ page ad as well as the tag line. I
believe that might be a better way to go.
Thank you!
Mary
To accomplish great things, we must not only act but also dream, not only plan but
also believe!
From: jimthomas7777@aol.com [mailto:jimthomas7777@aol.com ]
Sent: Wednesday, June 23, 2010 11:37 AM
To: Mary Moore
Subject: Re: MUD #1 Logo
Mary, my apology as I only mentioned this to one other Director.
Please send an email to everyone and ask if they are ok with this verbiage.
Thanks,
Jim T.
-----Original Message-----
From: Mary Moore <mmoore@ci.trophyclub.tx.us>
To: jimthomas7777@aol.com
Sent: Thu, Jun 17, 2010 8:29 am
Subject: RE: MUD #1 Logo
Jim,
Would you get a consensus from the Board while at AWBD so that I may let Margi know, thanks and
enjoy the convention!!
Thank you!
Mary
TCMUD No. 1 201 of 261 20 JULY 2010
To accomplish great things, we must not only act but also dream, not only plan but also believe!
From: jimthomas7777@aol.com [mailto:jimthomas7777@aol.com ]
Sent: Wednesday, June 16, 2010 6:40 PM
To: Mary Moore
Subject: Re: MUD #1 Logo
Sounds good to me.
Jim
In a message dated 6/16/2010 4:31:44 P.M. Central Daylight Time, mmoore@ci.trophyclub.tx.us writes:
Since this is a celebration of Trophy Club, why not say,
Proudly serving Trophy Club for 35 Years!!
Thank you!
Mary
To accomplish great things, we must not only act but also dream, not only plan but also believe!
From: jimthomas7777@aol.com [mailto:jimthomas7777@aol.com ]
Sent: Wednesday, June 16, 2010 1:32 PM
To: Robert Scott; Mary Moore
Subject: Fwd: MUD #1 Logo
What about using a take-off on Margi's idea --- as our tag line? (customers instead of
community)
"Proudly serving our
customers for over 35 years"
Jim
From: mcgroup4764@sbcglobal.net
To: jthomas@ci.trophyclub.tx.us, rscott@ci.trophyclub.tx.us ,
mmoore@ci.trophyclub.tx.us
CC: kcarlton@aagdallas.com , dianne@rabbe.net , william.frey@charter.net,
jonconw@charter.net
Sent: 6/16/2010 10:00:09 A.M. Central Daylight Time
Subj: MUD #1 Logo
Proudly serving our
community for over 35 years
IMPORTANT WARNING: This message is intended for the use of the person or entity to which
it is addressed and may contain information that is privileged and confidential, the disclosure
of which is governed by applicable law. If the reader of this message is not the intended
recipient, or the employee or agent responsible to deliver it to the intended recipient, you are
hereby notified that any dissemination, distribution, or copying of this information is STRICTLY
PROHIBITED.[v:102105]
TCMUD No. 1 202 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-106-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/16/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Discuss and take appropriate action concerning H.R. 413, the Public Safety Employer-Employee
Cooperation Act of 2009. (Thomas)
Attachments:Fwd Mandatory Collective Bargaining Passes U.S. House of Rep..pdf
MUD-LettertoJohnCornyn-HR413.pdf
MUD-LettertoKayBaileyHutchison-HR413 (2).pdf
Action ByDate Action ResultVer.
TCMUD No. 1 203 of 261 20 JULY 2010
File #: 2010-106-M1, Version: 1
Title
Discuss and take appropriate action concerning H.R. 413, the Public Safety Employer-Employee
Cooperation Act of 2009. (Thomas)
Body
See attachments for further details regarding this agenda item.
TCMUD No. 1 204 of 261 20 JULY 2010
From: jimthomas7777@aol.com
Sent: Thursday, July 15, 2010 6:58 PM
To: Pam Liston; Robert Scott; Mary Moore
Subject: Fwd: Mandatory Collective Bargaining Passes U.S. House of Rep.
Attachments: TOWNCOUNCIL-LettertoKayBaileyHutchison-HR413.doc; TOWNCOUNCIL-LettertoJohnCornyn-
HR413.doc; MUD-LettertoKayBaileyHutchison-HR413.doc; MUD-LettertoJohnCornyn-HR413.doc
Pam, your advise on this please next Tuesday night.
Robert / Mary, is it too late to have this as a separate agenda item?
Jim T.
------------------------------------------------------------------------------
From: sseidel@ci.trophyclub.tx.us
To: towncouncil@ci.trophyclub.tx.us, nick@winocular.com, kcarr@ci.trophyclub.tx.us, jimthomas7777@aol.com,
jmoss@ci.trophyclub.tx.us, barmstrong@ci.trophyclub.tx.us
CC: skniffen@ci.trophyclub.tx.us, ggiacomarro@ci.trophyclub.tx.us, rscott@ci.trophyclub.tx.us,
dthomas@ci.trophyclub.tx.us
Sent: 7/14/2010 11:55:18 A.M. Central Daylight Time
Subj: Mandatory Collective Bargaining Passes U.S. House of Rep.
Dear Town Council and MUD Board –
On July 1, H.R. 413, the Public Safety Employer-Employee Cooperation Act of 2009, was passed in the United States
House of Representatives as an amendment to the supplemental appropriations bill.
H.R. 413 mandates that all cities, counties, and states collectively bargain with public safety employee labor unions
over wages, benefits, and working conditions under federal rules to be developed later. This legislation would either
require Texas collective bargaining law to be changed to meet the federal bill, or require Texas cities to submit to one-
size-fits-all federal rules.
I spoke with Robert this morning regarding this issue, and since I was putting something together for Council I would
be happy to send the same information to the MUD Board on his behalf. I have monitored this legislation for the past
2 years, and previously sent Congressman Burgess a letter noting our concerns. I have attached a new letter that you
may wish to send to our Texas Senators expressing your concerns. I have created four letters: two letters for Town
Council to each Senator, and two letters for MUD Directors to each Senator. They are essentially the same letter, but
the MUD letter references MUD 1 as well as special districts rather than stating “the Town.” You will need to place
your name/title, sign at the bottom, and mail to the following addresses. The Senators do not have public email
addresses, so there is a “Contact” form on their website where you can copy and paste (link is provided).
Senator Kay Bailey Hutchinson
TCMUD No. 1 205 of 261 20 JULY 2010
284 Russell Senate Office Building
Washington, DC 20510-4304
202-224-5922
202-224-0776 (FAX)
http://hutchison.senate.gov/contact.cfm
Senator John Cornyn
517 Hart Senate Office Building,
District of Columbia 20510-4302
(202) 224-2934
(202) 228-2856 (FAX)
http://cornyn.senate.gov/public/index.cfm?p=ContactForm
Trophy Club does not currently meet the Texas requirements for “meet and confer”, but the new law would require
us to do so. Texas Attorney General Greg Abbott has already expressed opposition, as well as Senators Hutchison and
Cornyn, with the legislation.
Below is additonal information on this item.
Hope you have a great day –
Stephen
Stephen Seidel
Acting Town Manager
Town of Trophy Club
The vote occurred in the House without the benefit of any public deliberation about the merits of this unfunded
mandate, the need for it, or its constitutionality.
The U.S. Senate has not passed the supplemental appropriations bill but is now back in session following the Fourth
of July Holiday. Senators Cornyn and Hutchison have already noted their opposition to federalized collective
bargaining.
TCMUD No. 1 206 of 261 20 JULY 2010
Texas’ House delegation split its votes along party lines for and against passage:
Against passage: Louis Gohmert (R); Ted Poe (R); Ralph Hall (R); Jeb Hensarling (R); Joe Barton (R); John
Culberson (R); Kevin Brady (R); Michael McCaul (R); K. Michael Conaway (R); Kay Granger (R); William
Thornberry (R); Ron Paul (R); Randy Neugebauer (R); Lamar Smith (R); Pete Olson (R); Kenny Marchant (R);
Michael Burgess (R); John Carter (R); and Pete Sessions (R).
For passage: Al Green (D); Ruben Hinojosa (D); Silvestre Reyes (D); Thomas Edwards (D); Charles Gonzalez (D);
Lloyd Doggett (D); Solomon Ortiz (D); Raymond Green (D); Eddie Johnson (D); Sheila Jackson-Lee (D); and Henry
Cuellar (D).
Not voting: Ciro Rodriguez (D); Sam Johnson (R).
July 12, 2010
AUSTIN – Texas Attorney General Greg Abbott today identified multiple constitutional defects with the so-called
Public Safety Employer-Employee Cooperation Act, a bill pending before the U.S. Senate that would coerce state and
local governments to collectively bargain with labor unions representing certain public employees.
In a letter to U.S. Senator John Cornyn (Texas), Attorney General Abbott explained that the Act violates both the
Tenth Amendment and the Eleventh Amendment, and exceeds Congress’ authority to regulate interstate commerce.
“The federal government is attempting to intrude upon our state’s authority to independently manage relations with
our public employees,” Attorney General Abbott said. “This law would force the State of Texas into federally
mandated collective bargaining agreements with labor unions – despite the fact that state law does not authorize
collective bargaining for state employees. If this constitutionally suspect legislation is passed, I will take legal action to
protect our state from yet another case of federal overreach.”
Attorney General Abbott added: “Washington needs to let Texans run Texas without the burdens of bureaucracy and
union mandates.”
As Attorney General Abbott’s letter explains, by attempting to impose collective bargaining upon the State of Texas –
and open the State up to lawsuits by labor unions in federal court if it fails to comply with the Act, the legislation
violates the Tenth and Eleventh Amendments of the U.S. Constitution.
The Act’s primary purpose is to force state and local governments to give collective bargaining rights to certain
public employees – and the labor unions that represent them – in violation of Texas law. Currently, Texas allows local
voters to seek a referendum on collective bargaining rights for police and fire department employees. The Act pending
before the U.S. Senate would ignore state law and impose a federally mandated labor relations scheme upon the State
of Texas.
Under Texas’ Local Government Code, local police and firefighters can obtain collective bargaining rights if they
follow certain statutorily mandated steps. First, they must collect signatures from the lesser of 20,000 voters or five
percent of the voting public. Once that threshold is met, then the majority of local voters are given the opportunity to
vote in a referendum. If a majority of the voters elect to confer collective bargaining rights on their police and
firefighters, only then do labor unions have the ability to negotiate with cities and counties on their members’ behalf.
There are three basic conflicts between the Act and Texas law. First, supporters claim the Act covers so-called
‘public safety’ employees, the legislation would actually provide collective bargaining to multiple classes of
individuals who are neither police nor firefighters – such as court employees, corrections officers and probation
department staffers – despite the fact those employees do not have those rights under Texas law. Second, the Act
TCMUD No. 1 207 of 261 20 JULY 2010
attempts to require the state to collectively bargain with certain classes of its own employees – despite the fact that
state law does not grant collective bargaining rights to anyone employed by the State of Texas. Finally, while Texas
law does allow local residents to confer collective bargaining rights on their police and firefighters, the Act purports to
ignore petition and referendum provisions established by the Legislature.
Attorney General Abbott said: “Our quarrel is not with the brave men and women who protect and serve the public.
They deserve not only court gratitude, but also legal mechanisms to help prevent parochial concerns from interfering
with their official duties. But those policy decisions – such as the availability of civil service or meet-and-confer-
rights – lie with the Texas Legislature, not the federal government. And no policy initiative – no matter how important
or compelling – can be allowed to trample our Constitution.”
Attorney General Abbott concluded: “At the heart of our state’s system is not only a labor-relations framework that
was properly established by the Texas Legislature – rather than the federal government – but also an appropriate
respect for local control. Under Texas’ approach, local taxpayers decide based on local considerations whether to give
labor unions control over their relationships with local public safety officials. If that relationship is going to be
changed, it must be changed at the state level by the Texas Legislature and cannot be imposed by the federal
government."
IMPORTANT WARNING: This message is intended for the use of the person or entity to which it is addressed and
may contain information that is privileged and confidential, the disclosure of which is governed by applicable law. If
the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is
STRICTLY PROHIBITED.[v:102105]
TCMUD No. 1 208 of 261 20 JULY 2010
July 14, 2010
Senator John Cornyn
517 Hart Senate Office Building
District of Columbia 20510-4302
Senator Cornyn:
The Trophy Club Municipal Utility District 1 (MUD1) respectfully requests that you
unilaterally oppose any legislation that would create Federalized Collective Bargaining
for Public Safety. The Town closely followed the progression of H.R. 980, which
proposed collective bargaining rights for public safety officers employed by states or
local governments. We became aware today that the Public Safety Employer-Employee
Cooperation Act of 2009 was passed by the United States House of Representatives
(H.R. 413). As an interested local government, we would like to express our concerns to
you regarding the proposed legislation.
We specifically request that the Federal Government not intrude into a locally controlled
issue. H.R. 413 would erode Texas law, which allows voter-initiated, local-option
collective bargaining for some public safety employees. The bill is also an unfunded
mandate that will ultimately harm cities and special districts. Not only can collective
bargaining fracture a community and organization, it will lead to an unparalleled
financial burden. In the current state of our United States economy, MUD1 will be
handicapped to provide high quality programs and services to all residents, business
owners, and guests if collective bargaining is mandated.
Additionally, Trophy Club residents should have the ultimate decision whether they
desire their local government to utilize collective bargaining for any employee group.
Texas is unique in its approach to civil service associations’ labor negotiation. In 2005,
the Texas Legislature successfully passed two bills regarding “meet and confer.” These
bills allow the Police and Fire Associations the right to petition a municipality to engage
in a meet and confer process. Most importantly, it allows the citizens of that municipality
the ultimate authority to recognize and engage the labor organization in a meet and
confer process.
TCMUD No. 1 209 of 261 20 JULY 2010
H.R. 413 would counter the authority granted to citizens, municipal governments, and
special districts to manage these issues in a manner and system that is most conducive
to their needs. The proposed legislation completely eliminates citizens’ ability to vote
whether a labor organization is allowed to engage the local authority in a collective
bargaining process. Thus, local control is erased.
Thus, we respectfully request that you employ your sphere of influence to levy
opposition to H.R. 413. We appreciate the daily service and leadership you provide to
not only our Country, but to Texas. We are truly fortunate to have you as our Senator.
Please do not hesitate to contact me if you have any questions.
Sincerely,
XXXX
Municipal Utility District 1 Board Member
Trophy Club
TCMUD No. 1 210 of 261 20 JULY 2010
July 14, 2010
Senator Kay Bailey Hutchison
284 Russell Senate Office Building
Washington, DC 20510-4304
Senator Hutchison:
The Trophy Club Municipal Utility District 1 (MUD1) respectfully requests that you
unilaterally oppose any legislation that would create Federalized Collective Bargaining
for Public Safety. The Town closely followed the progression of H.R. 980, which
proposed collective bargaining rights for public safety officers employed by states or
local governments. We became aware today that the Public Safety Employer-Employee
Cooperation Act of 2009 was passed by the United States House of Representatives
(H.R. 413). As an interested local government, we would like to express our concerns to
you regarding the proposed legislation.
We specifically request that the Federal Government not intrude into a locally controlled
issue. H.R. 413 would erode Texas law, which allows voter-initiated, local-option
collective bargaining for some public safety employees. The bill is also an unfunded
mandate that will ultimately harm cities and special districts. Not only can collective
bargaining fracture a community and organization, it will lead to an unparalleled
financial burden. In the current state of our United States economy, MUD1 will be
handicapped to provide high quality programs and services to all residents, business
owners, and guests if collective bargaining is mandated.
Additionally, Trophy Club residents should have the ultimate decision whether they
desire their local government to utilize collective bargaining for any employee group.
Texas is unique in its approach to civil service associations’ labor negotiation. In 2005,
the Texas Legislature successfully passed two bills regarding “meet and confer.” These
bills allow the Police and Fire Associations the right to petition a municipality to engage
in a meet and confer process. Most importantly, it allows the citizens of that municipality
the ultimate authority to recognize and engage the labor organization in a meet and
confer process.
TCMUD No. 1 211 of 261 20 JULY 2010
H.R. 413 would counter the authority granted to citizens, municipal governments, and
special districts to manage these issues in a manner and system that is most conducive
to their needs. The proposed legislation completely eliminates citizens’ ability to vote
whether a labor organization is allowed to engage the local authority in a collective
bargaining process. Thus, local control is erased.
Thus, we respectfully request that you employ your sphere of influence to levy
opposition to H.R. 413. We appreciate the daily service and leadership you provide to
not only our Country, but to Texas. We are truly fortunate to have you as our Senator.
Please do not hesitate to contact me if you have any questions.
Sincerely,
XXXX
Municipal Utility District 1 Board Member
Trophy Club
TCMUD No. 1 212 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-94-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:6/18/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Review and Approve Minutes:
a. June 15, 2010
Attachments:Minutes-061510-M1.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 213 of 261 20 JULY 2010
File #: 2010-94-M1, Version: 1
Title
Review and Approve Minutes:
a. June 15, 2010
TCMUD No. 1 214 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Meeting Minutes
Trophy Club Municipal Utility District
No. 1
7:00 PM Svore Municipal Building BoardroomTuesday, June 15, 2010
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton
and Tarrant Counties met in Regular Session on June 15, 2010, in the Boardroom of
the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
Call to order and announce a quorum.
President Thomas called the meeting to order at 7 p.m., noting a quorum was
present.
President Jim Thomas, Vice President Jim Moss, Secretary/Treasurer
Kevin Carr, Director Bill Armstrong, and Director Nick Sanders
Present:5 -
MUD 1 STAFF PRESENT:
Robert Scott, District Manager
Mary Moore, MUD Secretary
Kathy DuBose, Finance Director
Danny Thomas, Fire Chief
Bob West, Attorney
TOWN STAFF PRESENT:
Jasmine Lee, Recreation Supervisor
Adam Adams, Director - Parks & Rec
Connie White, Mayor
GUEST(S) PRESENT:
Pearl Ford, Committee Member - Town's 25th Anniversary
Margi Cantrell, Committee Member - Town's 25th Anniversary
Lee Graham, Reporter - Alliance News
Ben Wilson, Student
Greg Lamont, 15 Avalon Drive
Citizen Presentation(s)
No citizens addressed the Board during Citizen Presentation.
REGULAR SESSION
Reports & Updates
TCMUD No. 1 215 of 261 20 JULY 2010
June 15, 2010Trophy Club Municipal Utility
District No. 1
Meeting Minutes
1.Receive District Manager's Report
a. Monthly Update - Water pumped vs. billed
b. Monthly Revenue for Wastewater Treatment Plant
c. Monthly Update - PID Development/Homes
d. Update on Water Plant Booster Pump (formerly VFD)
e. Update on Trinity Well
f. AWBD Conference: June 17 - 19, 2010
g. Update on New Fire Station
WaterPumpedVsBilled-May2010.pdf
PID Connection Summary May 2010.pdf
Attachments:
District Manager Scott updated the Board regarding the above items.
2.Receive Finance Director's Report
a. To provide Board with a monthly update and address the Board's questions.
Finance Director DuBose provided the following update to the Board:
a. Working on fixed assets.
b. Currently there is a vacancy in finance.
c. Finance has hired a temp, Elizabeth who is a CPA. She has worked as Finance
Director for Bell Meade, and is helping Staff with Fixed Assets.
c. Begun working on budget.
3.Receive Fire Update from Fire Chief Thomas
a. To provide Board with a monthly update and address the Board's
questions.
May Fire Report.pdfAttachments:
Fire Chief Thomas provided the Board with the monthly Fire Update, adding that a
new employee was hired, Casey Cloud, who is on B-Shift. Casey comes from
Med-Star, and is highly skilled on the medical side. Casey is fresh out of the Fire
Academy. Chief Thomas advised he is saving the air conditioning units from the old
Fire Station and will attempt to re-sell them. Chief Thomas commended the Trophy
Club Country Club on their excellent hospitality. Fire Personnel are enjoying their
new accomodations in the trailer while the new fire station is being built.
Action Items:
TCMUD No. 1 216 of 261 20 JULY 2010
June 15, 2010Trophy Club Municipal Utility
District No. 1
Meeting Minutes
2010-46-M14.Discuss and take appropriate action concerning request from Town of
Trophy Club to sponsor the top Silver Trophy Club 25th Anniversary
sponsorship for $2,500. (Town Committee)
Towns25thAnniversary.pdfAttachments:
Mrs. Pearl Ford addressed the Board to request sponsorship for the Trophy Club
25th Anniversary at the $2,500/Silver level. This event will be over the Labor Day
Weekend and is geared to have something for everyone. On Friday, September 30,
there will be a Flip-Flop Rhinestone Party at the TCCC Pool. On Saturday,
September 31st, there will be a 5K Steeple Run scheduled along with a pancake
breakfast at Trophy Lakes Church. We also plan to have a tour bus tour Trophy
Club, especially in the area of the Highlands. The Committee has invited people who
used to live in Trophy Club, asking them to come out for a reunion/home-coming
weekend. On Saturday night, there will be a Homecoming Dance and Taste of 76262
at Byron Nelson High School. On Sunday, there will be a Kids Event at the Trophy
Club Pool & Splash Park with a Picnic to be held jointly with the Trophy Club Country
Club. Additionally, Bara Church is sponsoring the Pre-Teen and Teen Event at the
Trophy Club Pool. Tee times will be made available at Trophy Club Country Club.
On Monday, the Committee is encouraging neighborhoods to have “block” parties to
get to know your neighbor. The Committee has planned to have a 16-page tab insert
in the Trophy Club paper, self-contained for keepsake for history. The Alliance
Newspaper is coordinating this with the Committee. Ads are needed to support this
event. MUDs as a silver sponsor will receive a half-page ad on the back page of the
tab. The Committee will be collecting comment cards from attendees at the 4th of
July event and some of those comments will be included in the tab insert.
Floor opened for discussion.
Director Sanders asked if the $2,500 the highest sponsorship?
Pearl Ford replied that it was.
Director Sanders requested Ms. Ford provide the board with six tickets to the
Flip-Flop Rhinestone Party to which Ms. Ford agreed.
Director Armstrong stated that he does not have any objection to us giving the
money, he just doesn't see what's in it for the MUDs to have a half-page ad, if you
could sell that to somebody else and just put our name in there somewhere with
donors. Armstrong doesn't think it will get us more customers.
Pearl Ford responded that the Committee thought that the MUD could put anything
they wanted in the half-page ad.
President Thomas stated it was an opportunity to keep the customers updated on the
status of the Fire Station, and possibly the new Trinity Well, adding that it gives us
the opportunity to do whatever we want to do.
Motion by Vice President Moss; seconded by Director Sanders to Approve the
Silver Trophy Club 25th Anniversary Sponsorship for $2,500. Motion carried
unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
TCMUD No. 1 217 of 261 20 JULY 2010
June 15, 2010Trophy Club Municipal Utility
District No. 1
Meeting Minutes
2010-88-M15.Receive PowerPoint Presentation from Parks and Rec for 2010 4th of
July Celebration; discuss and take appropriate action regarding
request for funds regarding same. (Adams/Lee)
4th July Budget Line.pdfAttachments:
Jasmine Lee distributed a handout, showed a brief PowerPoint Presentation
regarding the upcoming 4th of July Event and addressed the Board's questions.
Director Adams addressed the Board, requesting funding for the 4th of July Event.
Secretary/Treasurer Carr encouraged Mr. Adams to be aggressive in seeking
additional outside sponsorships.
A motion was made by Secretary/Treasurer Carr, seconded by Director
Armstrong, to Approve the donation of $10,000 in budgeted funds to the
annual Trophy Club 4th of July Event. The motion CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
Board agreed to move Item 7 forward.
2010-81-M17.Discuss and take appropriate action regarding MUD 1 hosting a Public
Relations tent during the July 4th festivities. (Thomas)
4th of July.pdf
Town-Related Booth Request Form.pdf
Parade Packet.pdf
Attachments:
President Thomas stated he asked for this agenda item, adding that he wants to find
a way to generate more public awareness for the MUD. Thomas suggested putting
the Vac-Con Truck and the Camera Van in the parade on July 4th. Sanders asked
who would drive the vehicles in parade? Scott stated it would be the on-call staff.
Thomas also proposes a contest where he would have three bottles of water, one
would be an Ozarka water with the label removed, the second would be tap water,
and the third would be effluent from the wastewater treatment plant. Thomas would
have these available for the public to view and choose which bottle they believe is
from the WWTP. Those who guess correctly would get their name put in for a
drawing for $100 cash. Director Sanders stated that he would prefer a gift card
rather than cash. Thomas also stated that he would like a booth at the Event with
both vehicles. Additionally, he would like to have the following three handouts
available; 1. Flow Chart of the WWTP. 2. How the Water System works. 3. Update
on the Fire Station. Director Sanders recommended including some water
conservation handouts, which he believes can be obtained for free. Discussion was
held regarding the type of gift card, with the Board agreeing to have Staff decide.
A motion was made by Vice President Moss, seconded by President Thomas,
to Approve with having the Vac-Con and the Camera Van in the 4th of July
parade and with having a booth/tent at the Event along with the Vac-Con and
the Camera Van. The motion CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
TCMUD No. 1 218 of 261 20 JULY 2010
June 15, 2010Trophy Club Municipal Utility
District No. 1
Meeting Minutes
2010-77-M16.Review and Approve Disbursements & Variance Report
a. May 2010
May 2010 Monthly Financial Statements.pdfAttachments:
A motion was made by Secretary/Treasurer Carr, seconded by Director
Sanders, to Approve the May 2010 Disbursements and Variance Report. The
motion CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
2010-37-M18.Receive report from Staff and/or Attorney(s) regarding update of MUD 1
Fire Plan; and possible action regarding same.
District Manager Scott advised the Board that the Fire Plan is currently being worked
on by a volunteer attorney and should be ready by next meeting; July, 2010. Director
Sanders suggested running the Fire Plan by volunteers, Lou Opipare and Bob
Radder. President Thomas agreed this was a good idea. Director Sanders’
motivation is that we do not want to do this more than once. Director Carr stated he
feels it should be left up to Chief Thomas. Chief Thomas stated that he and District
Manager Scott have been working together on this. Staff to bring this agenda item
back in July.
Director Thomas asked Mr. West when he would need it in order for it to be included
in next month's meeting.
Attorney West stated one week to ten days.
This matter was Discussion only - No action taken
2010-86-M19.Discuss and take appropriate action concerning Interlocal Agreement
with Denton County Tax Office for Property Tax Collection.
Cover Letter-ILA DC Tax Collection.pdf
ILA DC Tax Collection-2010.pdf
Attachments:
A motion was made by Director Sanders, seconded by Secretary/Treasurer
Carr, to Approve the ILA with Denton County for Tax Collection. Floor was
opened for discussion. Attorney West asked the Board to name a liaison.
Finance Director stated that she would be the liaison. Mover and Second
agreed to have Finance Director DuBose as the MUD Liaison. The motion
CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
TCMUD No. 1 219 of 261 20 JULY 2010
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Meeting Minutes
2010-87-M110.Discuss and take appropriate action to award a bid for a four (4) year
lease for Computer Aided Dispatching (CAD); and authorizing Fire
Chief Thomas or his designee to execute necessary documents. (Fire
Chief Thomas)
Quote-Computer Aided Dispatching (CAD).pdf
PCS-Draft Contract.pdf
Attachments:
Chief Thomas provided the Board with a brief overview of the CAD Computer-Aided
Dispatching program. Thomas stated he has money in his budget for this year, and
would need to add this to next year's budget.
Director Carr asked if there is an ability to upgrade. Chief stated there was.
Director Carr asked about the additional hidden fees.
Director Sanders stated the air cards are free and the data plan is $50/card/month.
Finance Director DuBose clarified that this is coming out of the Fire Department
budget and a budget amendment would need to be done.
Chief Thomas stated that this is also going before the Town Council for their half and
what happens if Town wants to lease.
Director Sanders asked if there were any GASB funds set aside for Fire.
Finance Director DuBose stated that would be a question for IT.
Director Sanders suggested having the MUDs fund this 100%.
Secretary/Treasurer Carr stated the Town could reimburse MUDs.
Director Armstrong reiterated that it was his understanding that MUD 1 will pay for it;
Chief Thomas will buy it, and Chief Thomas will go to the Council and ask them if
they would like to get involved with helping us out on the purchase.
President Thomas asked why the MUDs would fund 100%; when everything today is
split 50/50.
Director Sanders states that this is simpler; town's budget is strapped; MUDs have
the cash, it's all paid for by all same people.
Finance Director DuBose clarified that docking stations will go in the ambulance.
Secretary/Treasurer Carr stated that he would like for Chief Thomas to see what
contribution the Town can make toward this purchase. Carr has a problem paying
100% of this when we share everything else.
A motion was made by Director Sanders, seconded by Secretary/Treasurer
Carr, to Approve purchase with cash versus lease with a Not-To-Exceed
amount of $23,734. The motion CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
TCMUD No. 1 220 of 261 20 JULY 2010
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District No. 1
Meeting Minutes
AMENDED (Supplement)
2010-89-M111.Discuss and take appropriate action to award / reject bids received for
Trinity Well No. 2 Project.
District Manager Scott advised that the bids came in way above anticipated costs.
Scott requested direction from the Board on whether or not to move forward. Scott
recommends going out for re-bid and changing some of the specs from 90-day time
limit to 120-day limit and reducing the amount for liquidated damages.
The Board agreed to move forward.
Attorney West recommended the Board take action.
A motion was made by Secretary/Treasurer Carr, seconded by Director
Sanders, to Reject the bids received for this project and to consider rebidding
this project. The motion CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
2010-85-M112.Discuss and take appropriate action concerning funding options for
Trinity Well No. 2 and High Speed Pump. (Scott)
District Manager Scott advised that initially a loan was approved at 3% interest to
purchase the High Speed Pump and to drill the Trinity Well. Scott seeks direction
from the Board to either use financing (3% interest) or use reserves.
President Thomas suggested holding off on funding options for the Trinity Well until
the cost is determined.
District Manager Scott advised that the cost for the High Speed Pump is
approximately $240,000 total.
Director Sanders is in favor of using reserved funds for the High Speed Pump for an
amount NTE $240,000 to come from the designated fund balance in the Fire Station
Construction account.
Finance Director DuBose stated that we would do a Budget Amendment.
Director Armstrong asked to go back to discuss Agenda No. 11 for clarification.
Armstrong asked District Manager Scott if we get this thing in the hole before October
we don't have to worry about paying the additional costs you are talking about.
District Manager Scott verified that we may not be able to drill this well once this new
policy comes into effect in Denton. It is currently in effect in Tarrant County. Scott
stated he does not have a timeline as to when this may occur; however, at this time
he feels it may be some time after the first of the year.
A motion was made by Director Sanders to approve the purchase of High
Speed Pump for an amount Not-To-Exceed $240,000 to come from the
designated fund balance of Fire Station Construction and that at a future
meeting we amend the budget to move the money to the appropriate fund.
Motion seconded by Secretary/Treasurer Carr. The motion CARRIED
unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
TCMUD No. 1 221 of 261 20 JULY 2010
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Meeting Minutes
2010-82-M113.Discuss and take appropriate action to seek Board's approval for
former MUD 1 Director Jim Hase to provide financial assistance to Staff
if and when requested by the District Manager to do so. (Thomas)
District Manager Scott advised that Mr. Jim Hase is very knowledgeable with
anything having to do with Finances and is very willing to help in anyway he can,
especially with water rates, at no cost to the MUD. Director Carr stated that we need
to utilize the expertise and knowledge that we have with our citizenry, especially
when it is offered free of charge.
A motion was made by Secretary/Treasurer Carr, seconded by Director
Armstrong, to Approve resident Mr. Jim Hase to assist staff when requested by
District Manager Scott. The motion CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
TCMUD No. 1 222 of 261 20 JULY 2010
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Meeting Minutes
2010-74-M114.Receive report from Legal Counsel regarding legal representation;
discussion and possible action regarding same. (Armstrong)
Communication to Directors Regarding Legal Services.pdfAttachments:
Director Armstrong appreciates the information from Counsel.
Director Carr added that he would like to stay with the status quo, as both are
excellent attorneys with different expertise.
Director Sanders stated he has concerns regarding the costs of information involved
with sharing information between the two attorneys. Sanders believes there should
be a primary and an alternate when it is appropriate. Sanders has no preference
either way; however, he believes that this proposal is more efficient.
President Thomas asked Attorney West how information is shared between the two
attorneys.
Attorney West stated that the attorneys have not updated each other after meetings.
West added that he does review the meeting minutes from all meetings. West stated
that he does not feel it is a lot different from other clients and those lawyers within the
same firm need to coordinate with each other on who is doing what, with the goal is
to put the project in hands of the lawyer that can handle it most efficiently for the
client. West stated he feels like Liston is almost like an extension of his firm. Both
firms are willing to do as much or as little as requested by the Board. West advised
that other Counsel services are utilized by the MUD; bond counsel; Houston law firm;
tax counsel; etc., which may not come to each meeting.
President Thomas asked for a consensus of the Board.
Director Carr stated he would prefer to keep both attorneys.
President Thomas stated he would like to stay with the status quo.
Vice President Moss agreed pretty much with Directors Sanders. Moss stated he
would like to see if if Director Sanders still feels the same way after Mr. West's
comments, .
Director Armstrong stated he would prefer one single face at the meeting; establish
the relationship with the same face; makes more sense to him. Armstrong added that
this does not mean that he wants to cut our relationship with the other firm, its just
that he would like to establish the relationship at every meeting with the same face,
that just makes more sense to Armstrong.
Director Sanders stated he is okay with what the board decides; it's not a big issue to
Sanders. Sanders stated one point is the Fire Plan is up for next meeting and next
month’s attorney will be Liston not West. Sanders feels that long-term this is the way
to go.
Vice President Moss stated he agrees with Director Sanders.
President Thomas suggested giving this a month or two, and bring this agenda back
before the board.
Director Armstrong suggested bringing this back in August.
This matter was Tabled
TCMUD No. 1 223 of 261 20 JULY 2010
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Meeting Minutes
2010-83-M115.Discuss and take appropriate action regarding the Texas Open Meeting
Act. (West)
Counsel West advised that this came up after the last meeting regarding emails.
West reminded the Board of the rules and restrictions of the Open Meeting Act; that
as governmental officials decisions are supposed to be made within the confines of
the Board Meetings and not through emails or private meetings or building a
consensus for some action outside the meeting in whatever form you might choose to
do that, particularly with regard to emails. West stated the main thing to keep in
mind as emails come out from a particular director should be sent to the District
Manager who will forward to the appropriate person(s). Additionally, Directors should
not reply or copy to everyone in their response. West added that Directors should
direct all questions through the District Manager and not Counsel; the exception is
when there is an issue with the District Manager.
Director Sanders stated his understanding of the law.
Secretary/Treasurer Carr asked the directors to not include him on emails which are
also being sent to more than one director, to avoid any possibility of conflict.
Counsel West added that it is good to designate a Public Information Officer/Public
Affairs Person and it is usually the President. West added that as a Board Member,
you do not make decisions for the entire board; you are one of five, and it takes a
majority vote to make a decision.
Director Armstrong asked for clarification that any one of us could put an item on the
agenda, and there is no real filtering of agenda items; is that correct.
President Thomas stated that he has never refused a Director's request to put an
agenda item on the agenda.
This matter was Discussion only - No action taken
TCMUD No. 1 224 of 261 20 JULY 2010
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Meeting Minutes
2010-75-M116.Review Attachment F, Rules of Procedure, Order 2009-0915; discussion
and possible action regarding same. (Sanders)
MUD 1 ORDER 2009-0915-CodeOfEthics.pdf
Agenda Item 15 Discussion Items-Sanders.pdf
Request to Speak before the MUD 1 Board.pdf
Attachments:
Director Sanders went through each of the items and sought input from the Boards.
Item 1 - Comment only that meetings are conducted by Roberts Rules of Orders.
Item 2 - Both President Thomas and Secretary/Treasurer Carr agreed to change.
Item 4 - The District Manager will assist the Secretary/Treasurer - Agreed.
Item 5 - Only one subject per agenda item - Agreed
Item 6 - Right to the Floor - no one talks a second time until all other directors have
had an opportunity to speak.
Item 7 - Suspend Rules of Procedure requires two-thirds vote of directors present.
Director Armstrong and Secretary/Treasurer Carr agreed.
Item 8 - Add "Future Agenda Items" to Rules of Procedure - explanation only with no
consensus taken.
The Board directed Staff to make recommended changes/amendments to the Rules
Of Procedure, by redline, and bring back to the Board for their review and approval.
District Manager Scott requested Staff hold off on this issue until after we get through
this budget process, and then we can work on this, to which the Board agreed.
This matter was Discussion only - No action taken
TCMUD No. 1 225 of 261 20 JULY 2010
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Meeting Minutes
2010-84-M117.Discuss and take appropriate action concerning MUD Building security
and access. (Armstrong)
Re_ Change in Policy.pdfAttachments:
President Thomas gave a background as to the reasons for this change in policy.
Director Armstrong replied that isn't quite the way Robert described it to me earlier
today. Armstrong stated the way he had it described to him today is that somebody
walked in, sat at somebody's desk that wasn't there, and looked at a document that
they weren't supposed to have access to. Well, let me tell you how that system is
supposed to work in the real world. In the real world, you do not leave documents on
your desk that are private when you leave the area because anything that you leave
out is subject to be seen by anybody, so the person that was in the wrong there was
not the person that was sitting there reading it, but the person who left the document
on his desk or her desk, that shouldn't be done, that is not procedure in any company
I can imagine. When you leave your computer, you log off of it. If somebody gets on
your computer while you are logged on and they do things, you know they are doing
something wrong but it is your responsibility.
President Thomas stated that is an administrative procedure that the two managers
in this building are responsible for, not us. District Manager Scott is responsible for
his employees as is Interim Town Manager Seidel. Thomas stated that the issue at
hand is coming into the building, unannounced without an appointment, that is the
issue at hand.
Director Armstrong asked how long has this building been here?
Mayor White answered 25 years.
Director Armstrong asked what is the procedure for MUD Directors and
Councilmembers for getting in the building in the last 25 years, what's that been.
Secretary/Treasurer Carr stated that it changed when a wall was put up
approximately six or seven years ago.
Mayor White approached the Board, stating that the idea of Directors and
Councilmembers having badges, where we could freely enter the building is only
about one or two years old. Before that, you always signed in or just talked to the
receptionist and requested exactly what they're asking for now, is how it had always
been except for the last few years. Mayor White added that she was surprised when
she was given a badge and allowed access to the MUD Building, and found that it
really wasn't a very good idea. White stated that Armstrong's point is a good one;
however, open access has not been allowed for all those years, it has only been
recently that access was allowed and it doesn't work.
Director Sanders asked to be excused.
Secretary/Treasurer Carr stated he considers this new policy being respectful and
courteous. We have staff people who are doing their job. Carr agrees with the
sign-in sheet, as well as making an appointment prior to coming to MUD Building,
which will allow Staff to be prepared when you arrive.
District Manager Scott stated that he has always made time to meet with directors
who have requested to meet with him.
Director Armstrong stated that he sent an email out, to the fact that he wanted this
TCMUD No. 1 226 of 261 20 JULY 2010
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District No. 1
Meeting Minutes
added to the agenda. Armstrong stated that he felt that President Thomas or District
Manager Scott would have given him a call and explained that to him, what was
going on here regarding what the change in procedure was all about, what was going
on. There were four of us on there that were told we needed an escort before we
could come back into the offices. Armstrong thought the letter was kind of arbitrary
and capricious.
President Thomas stated that he did not agree with the "escort."
District Manager Scott stated that the Directors do not have to have an escort.
Director Armstrong asked if "escort" could be removed.
District Manager Scott stated that all we are asking is that you sign in and let us know
you are coming, or call first so that we can notify the receptionist to allow access.
Director Moss stated that we are simply correcting some stupid mistakes made in the
past with regard to building access.
Secretary/Treasurer Carr suggested that the Board/Council come up with a policy
change and submit to both the MUD Board and Council for approval.
President Thomas asked Staff to update and resubmit the email regarding new
"amended" policy.
Discussion only; staff directed to remove “escort” from the new policy email and
resubmit email to Board.
This matter was Discussion only - No action taken other than direction given to
Staff.
2010-76-M118.Review and Approve Minutes:
a. May 18, 2010 - Regular Session
b. May 19, 2010 - Special Joint Session
M1 Minutes-05182010.pdf
M1-Minutes-051910.pdf
Attachments:
A motion was made by Director Sanders, seconded by Vice President Moss, to
Approve the Regular Session Minutes for May 18, 2010. The motion CARRIED
unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
A motion was made by Director Armstrong, seconded by Director Sanders, to
Approve the Special Joint Session Minutes for May 19, 2010. The motion
CARRIED unanimously.
President Thomas, Secretary/Treasurer Carr, Director Sanders, Vice
President Moss, and Director Armstrong
Aye:5 -
Review & Discuss
TCMUD No. 1 227 of 261 20 JULY 2010
June 15, 2010Trophy Club Municipal Utility
District No. 1
Meeting Minutes
19.Review Monthly Tax Collection Report
a. May 2010
May Tax Collection Report.pdfAttachments:
Board reviewed the monthly tax collection report with no action necessary.
Finance Director DuBose advised that the MUD has collected 98.5% of its tax
collection.
This matter was Discussion only - No action taken
2010-69-M120.Set Next Meeting Date:
a. Tuesday, July 20, 2010 at 7:00 p.m. - Regular Session
b. Joint Quarterly Meetings:
i. Wednesday, August 11 at 6:30 pm
ii. Thursday, November 11 at 6:30 pm
iii. Wednesday, February 9, 2011 at 6:30 pm
July 2010 Meeting Calendar.pdfAttachments:
Board agreed to meet on their next regularly scheduled meeting date and time.
Director Armstrong requested he be excused from July meeting.
Mayor White addressed the Board to request a delay of the Joint meeting in August
to perhaps September.
President Thomas agreed to remove the August joint session meeting and go on to
the next meeting.
Director Sanders stated that with the Contract for Services Agreement still pending
he would like to keep the August Joint Meeting on the schedule.
District Manager Scott advised that Attorney Adams is working on an Services
Agreement and this agreement should be on their next agenda. If approved by
Council, Scott will bring that to the Board for the July meeting.
Board agreed to change the meeting times to 7 pm for Joint Sessions with Town
Council and keep the August meeting date on the calendar.
TCMUD No. 1 228 of 261 20 JULY 2010
June 15, 2010Trophy Club Municipal Utility
District No. 1
Meeting Minutes
21.Items for Future Agendas
a. MUD 1's water contract with City of Fort Worth
b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank
c. Water Study (Twomey)
d. Disaster Planning
e. Creation of TCMUD1 website (09-115-M1)
Director Sanders requested an future agenda item regarding update on the Upper
Trinity Ground Water Association and for the next meeting, an agenda item to
discuss and take appropriate action to approve the private sale for the Fire
Department's Brush Truck.
This matter was Discussion only - No action taken except direction given to
Staff,
Adjourn
Meeting adjourned at 10 p.m.
___________________________
James C. Thomas, President
(Seal)
____________________________
Kevin R. Carr, Secretary
____________________________
Mary Moore, MUD Secretary
TCMUD No. 1 229 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-103-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/13/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Review and discuss TCMUD No. 1's preliminary draft budget for FY 2010-2011.
Attachments:Quote for Radix for Trimble.pdf
M1 Prelim Budget-FY10-11 v1.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 230 of 261 20 JULY 2010
File #: 2010-103-M1, Version: 1
Title
Review and discuss TCMUD No. 1's preliminary draft budget for FY 2010-2011.
Body
Board to review and provide input on draft budget.
District Manager Scott seeks Board's input regarding inclusion of purchase of Automated Bar Screens for the Wastewater
Treatment Plant.
TCMUD No. 1 231 of 261 20 JULY 2010
Mr. Robert Scott
Trophy Club MUD #1
100 Municipal Drive
Trophy Club, TX 76262
July 15, 2010
2 each Trimball Ranger Handheld @ $ 5,500 each for $ 11,000.00 Total
With Windows® Mobile Premium OS, 128 MB RAM / 512 MB Flash Memory,
Integrated Bluetooth & 802.11 G, Color Touch Screen, Custom Keypad and
Charging Cradle Includes READCENTER® Field Application Software Package
• Upgrade exchange program for 2 Radix Handhelds
• Must be sent back to Badger to get the above pricing
Thank you,
D J Johnson
TCMUD No. 1 232 of 261 20 JULY 2010
Water
Acct # Acct Name Description Sub-total Total
Salaries & Benefits
Total 254,342
50060 Pre-Employment Physical/Testing Hire, Water operator 200
Total 200
50070 Employee Relations Staff appreciation luncheons and special recognition 350
Total 350
55005 Engineering Miscellaneous maps general engineering fees. Maps for vehicles Books 1,500
Total 1,500
55070 Independent Labor Pest control for the elevated tank, pump room, water barn, and other
unbudgeted fees.500
Total 500
55080 Maintenance & Repairs
Fire hydrant repairs On going. (285 Fire Hydrands Total)10,000
Repairs to sidewalks and streets due to main breaks 7,000
In-line valves 4,000
High service pumps 8,500
Total 29,500
55090 Vehicle Maintenance 5 water trucks inspections 200
New tires for water vehicle. 1,400
Batteries, auto parts, tune-ups 1,500
Oil changes for five vehicles @! 14.00 each four times a year.280
Total 3,380
55100 Building Maintenance
Maintenance for water barn & pump room.750
Total 750
55105 Maintenance-Backhoe/Skid Loader Miscellaneous hydraulic hoses, fluids, filter replacement, and tires 2,900
Total 2,900
55125 Dumpster Services New contract no fee for dumpster service at water plant
Total 0
55135 Lab Analysis Monthly Bacteriological testing 2,350
Miscellaneous testing required by TCEQ . (Metals & Minerals) Lead & Cooper 1,500
Total 3,850
60010 Communications/Mobile/Phones 1 Blackberry (McMahon), 2 Phones (Charles Perry, Bert) On call phones 1,176
2 Phones @420 (Charles Perry, Bert)On call phones 840
Total 2,016
60020 Electricity Costs are for wells and high service pumps ( Pump Station)195,000
Will re-adjust later this year.195,000
60035 Postage Cost for Certified mail to TCEQ. (Reports)250
Total 250
60050 Bad Debt Expense Average $800 per month written off. To date ( Will re-adjust later this year)4,200
Total 4,200
60066 Books/Subscriptions Subscriptions for AWWA and TWUA and updated manuals for Water
personnel 50
Total 50
60070 Dues and Memberships AWWA and TWUA 150
150
60075 Schools and Training One water class a year for six employees at 200 1,400
Testing for 4employees at 120 each test 600
Four schools (Misc. Schools)800
Total 2,800
60090 Safety Program TML offers a free video library of safety videos to choose from.500
Total 500
60100 Travel and Per Diem Travel expenses, meals incurred at schools, hotels, and transportation for
Waco and A&M 3,200
Total 3,200
60105 Rent/Lease Equipment Safety trenching 500
Miscellaneous equipment 0
Total 500
60135 Annual Permit Fee For permits that are required by TCEQ 6,600
Total 6,600
60150 Bulk Water Water purchased from Fort Worth - 710,000,000 1,410,000
Will re-adjust later
Total 1,410,000
60245 Miscellaneous Expense Expenses 1,000
Total 1,000
60280 Property Maintenance Sod,top soil, and sand 4,200
Total 4,200
60285 Lawn Equipment & Maintenance Weed eater line, edger blades, belts, miscellaneous 1,250
7/16/2010 010 SYSTEMS WATER.xls
TCMUD No. 1 233 of 261 20 JULY 2010
Water
Acct # Acct Name Description Sub-total Total
Weed eater.750 2,000
60360 Furniture/Equipment < $5000 Office Furniture 1,500
1,500
7/16/2010 010 SYSTEMS WATER.xls
TCMUD No. 1 234 of 261 20 JULY 2010
Water
Acct # Acct Name Description Sub-total Total
65010 Fuel Fuel for 100 2,400
Fuel for 103 2,790
Fuel for 106 1,850
Fuel for 107 1,350
Fuel for 109 150
Fuel for 110 1,750
Fuel for 111 3,500
Miscellaneous for lawnmowers, gas cans, pumps and auxiliary engines. Golf carts 1,426
Will re-ajust later 15,216
65010 Uniforms Uniforms for six employees @ 250.00 each 1,500
Boots for six employees @175.00 each 1,050
Winter jackets for five employees @ 70.00 each 350
Coveralls for four 200
Rain gear for five employees @ 40.00 each 240
T-shirts and caps 350
Total 3,690
65030 Chemicals Chlorine, HTH, and other chemicals needed for water plant 6,200
Total 6,200
65035 Small Tools Replacement of hand tools, shovels, rakes, power tools, and air tools 2,500
Total 2,500
65040 Safety Equipment Safety cones, barricades, traffic signs, safety vests, glasses, and hard hats 2,500
Total 2,500
65050 Meter Expense New residential & commerial meters (direct revenue offset).40,000
Old/Broken residential & commercial meter replacement (no direct revenue offset).35,000
Total 75,000
65055 Hardware Meter locks keyed the same and miscellaneous security needs Bolts, nuts etc.1,000
Total 1,000
65095 Maintenance Supplies Repair parts for the distribution system, valves, piping, meter boxes, valve
stacks, risers, angle and curb stops, meter risers, corps., tapping saddles,
and repair clamps 32,000
Re-adjust later 32,000
65100 Copies Copies of maps 50
Total 50
65105 Printing Business cards and miscellaneous expense that may occur.150 150
69005 Capital Expenses 2 Trimball ranger Handheld @ $5500 each (up grade) Meter reading system 11,000
Four year plan to replace all existing meter heads with ARM read meter heads 75,000
Yearly payment for VFD (Three years left) @ 37,300 for 09-10 38,500
Total 124,500
69195 GASB34/Reserve for Replacement 30,000
Total 30,000
69280 Capital Repairs Replacement of broken inline valves 6,500
Rebuild clay valves 2,500
Total 9,000
69281 Capital Repairs - Ground Storage 10 year maintenance contract to paint and repair ground storage tank. (East)27,954
10 year maintenance contract for West 2M Gallon storage tank.42,760
10 year maintenance contract for Elevated Tank 54,057
0
Total 124,771
69295 Unexpected Maintenance For maintenance in water plant not foreseen.250
Repairs to fence
Total 250
69305 Capital Lease Vac Trailer loan, 5 years.11,490
Total 11,490
0
Total 2,369,555
7/16/2010 010 SYSTEMS WATER.xls
TCMUD No. 1 235 of 261 20 JULY 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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48
49
50
51
52
53
54
55
56
57
58
59
60
65
66
67
68
AB C DE
Wastewater
Acct # Acct Name Description Sub-total Total
Salaries & Benefits
Total 276,342
50060 Pre-Employment Physicals
0
50070 Employee Relations Staff appreciation luncheons and special recognitions 250
250
55050 Engineering Misc. Engineering fees 1,750
Total 1,750
55070 Independent Labor Pest Control 100
Annual Calibrations for lab equipment and all flow meters 650
Total 750
55080 Maintenance & Repair Replacement of bad or broken check valves 3,500
Maintenance for plant water system 3,000
Stainless steel chains for pumps 300
Floats for pumps 700
Miscellaneous (gaskets, o-rings and etc.) 250
Aeration blowers and motors 5000
Repair of UV Control Panel and system 5000
Digester blowers and motors 5000
Total 22,750
55090 Vehicle Maintenance State Inspections for 4 trucks 180
Brakes, A/C, tune-ups, air, washer fluid, antifreeze, power steering fluid, etc.
for four trucks 1,265
1999 F-150 4 oil changes 72
2000 F-350 4 oil changes 72
1998 GMC 1 ton 4 oil changes 72
1986 GMC Dump Truck 2 oil changes 72
Replacement of tires 515
Maintenance for back-up generator yearly maintenance contract with Holt. 2,750
Total 4,998
55100 Building Maintenance A/C service and repairs, replacement of bad light fixtures, miscellaneous 1,400
Total 1,400
55105 Maintenance/Backhoe and The upkeep of the backhoe for hoses, seals, cylinders, tires, etc split with 1,500
Skid Steer Loader Streets Dept.
Maintenance on the skid steer loader; split with Parks & Rec, which 1,450
includes tires, hoses, seals, and etc.
Total 2,950
55125 Dumpster Services The pickup and haul off of the sludge, screenings, and garbage dumpsters 35,000
Need to waste more due to the results of cbod testing
Total 35,000
55135 Lab Analysis Bio-Monitor testing (Huther & Associates) 2,450
Bi-weekly analytical testing of the Effluent (Talem Labs) 14,800
Will be re-adjusted later in budget year.
Annual sludge analysis (Talem Labs) 3,500
Total 20,750
Telephone long distance charges 0
0
60010 Communications/ 1 Blackberry (Rodney) 1,176
Pagers/Mobiles 5 Phones @ 420 2,100
3,276
60020 Electricity Electricity to operate plant. May go down. 210,000
Will be re-adjusted later in budget year.210,000
60025 Water Annual water usage 1,900
Total 1,900
60035 Postage Postage for monthly reports and other certified mail to TCEQ 120
Total 120
60066 Publications/Books/Subscription Updated Federal Regulations Books 500
Updated version of a Wastewater Engineering Treatment, Disposal and
Reuse book
Total 500
7/16/2010 020 SYSTEMS WASTEWATER.xls
TCMUD No. 1 236 of 261 20 JULY 2010
1
2
AB C DE
Wastewater
Acct # Acct Name Description Sub-total Total
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
60080 Schools & Training Continuing education training for three employees to retain current licenses
and to upgrade licenses needed for cross training. 4x 240.00 each 960
Testing for three tests at 120.00 each 360
Total 1,320
60090 Safety Program Safety classes, luncheons, and awards 200
Total 200
60100 Travel & Per Diem Hotel, meals, mileage, and transportation to A&M, Waco, TEEX and COG
classes and testing for three employees 1,750
Total 1,750
60105 Rent/Lease Equipment Rental of pumps, lifts, trenchers, etc 200
Total 200
60135 Annual Permit Fee Annual permitting and inspection fees for TCEQ and EPA 7,500
Total 7,500
60245 Miscellaneous Expenses Expenses that are not foreseeable 525
Total 525
Property Maintenance 0
Total 0
60285 Lawn Equipment Lawnmower repair (blades, bearings, belts, etc.)
& Maintenance Weed eater string, heads, and mix
Weed eater & edger 525
Edger blades
Total 525
65005 Fuel Fuel for Ford F-150 850
Fuel for GMC 1 Ton 500
Fuel for 1986 GMC Dump Truck 375
Fuel for Ford Backhoe 550
Fuel for back-up Generator 3,000
Fuel for Ford F-350 1,600
Total 6,875
65010 Uniforms Uniforms, 500.00 x 3 1,500
Boots, 175.00 x 3 375
Winter Jackets, 70.00 x 3 210
Raingear, 40.00 x 3 120
Total 2,205
65030 Chemicals Polymer for belt press, and other additive 10,400
Oxygen and acetylene for torch set 300
Belt Press cleaner 300
UV cleaner 400
HTH, 160.00 per bucket x 10 buckets per year 1,600
Total 13,000
65035 Small Tools The replacement of tools that get lost or broken (shovels, wrenches,
sockets, screwdrivers, saws, drills, etc.1,260
Shared cost of new tools for the new auto mechanic tool box
Total 1,260
65040 Safety Equipment Safety gloves for 3 FTEs 100
Safety glasses for 3 FTEs 100
Safety vests for 3 FTEs 40
Back belts for 3FTEs 75
First aid cabinet supplies 225
Total 540
65045 Lab Supplies Filter pads for process control 300
Broth, filters, reagents, etc. for Fecal Coliform Testing 3,825
Latex gloves 250
Reagents for ammonia testing
Buffers for Ph calibrating 60
Distilled water for all of the lab testing 600
Replacement of bad or broken probes for Ph and DO meters 300
Misc. not foreseen.250
Glass ware 500
Total 6,085
7/16/2010 020 SYSTEMS WASTEWATER.xls
TCMUD No. 1 237 of 261 20 JULY 2010
1
2
AB C DE
Wastewater
Acct # Acct Name Description Sub-total Total
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
65055 Hardware Stainless steel nuts, bolts, and washers 525
Screws, nails, wire, etc.
Total 525
65085 Office Supplies Printer and fax cartridges, printer paper, pens, pencils, etc.400
New printer/copier/fax machine 0
Total 400
65095 Maintenance Supplies Replacement of UV bulbs 3,200
Replacement of air filters for blowers @ 40.00 each x 8 filters x 3 times/year 960
Replacement of bulbs and photocells for lights 300
Duct tape, welding rods, PVC and brass fittings, PVC pipe, etc 600
Oil and cleaner for air filters on digester blowers 200
Hoses, hose repair fittings, and sprayers for plant wash down 200
Fittings, grease, oil, etc. to keep the plant operating smoothly.400
Brushes for Mechanical Bar Screens 4 sets@ 1,550 each *******6,200
Bag refills for Bar Screen and Grit Removal baggers 200 each x 6 *******1,200
Total 13,260
65115 Other Consumables Silicone, glue, primer, etc.110
Totals 110
65005 Capital Expenses Cost of new replacement pumps.17,500
Membrane Filters@118,689 for 3 years beginning 09-10 118,689
Automatic bar screens 250,000
Will be re-adjusted later in budget year.
Total 386,189
69280 Capital Repairs The repair or replacement of bad or worn out pumps or 13,500
Replacement of bad or worn out bearings on Digester blowers 7,500
Repair top wires on plant security fence to (wire missing 4,000
and broke)
Replacement of basket for Mechanical Bar Screen **********12,000
Replacement of Ware Bars for Mechanical Bar Screen **********4,800
Repair to Aeration Blower Panels 10,000
Will be re-adjusted later in budget year.
Total 51,800
Total 1,077,005
******** Will delete if we go with automactic bar screens
7/16/2010 020 SYSTEMS WASTEWATER.xls
TCMUD No. 1 238 of 261 20 JULY 2010
Collections
Acct # Acct Name Description Sub-total Total
Salaries & Benefits
Total 215,055
50060 Pre-Employment Physicals 0 0
50070 Employee Relation Staff luncheon and special recognition 250 250
55005 Engineering To update books & maps of collection system. Collection lines and Water lines 1500 1,500
55070 Independent Labor Miscellaneous labor. Labor not foreseen 200
Total 200
55080 Maintenance and Repairs Routine maintenance, miscellaneous for manholes and lift stations 10,000
Reline manholes (on-going) 200 plus manholes in system. 6,200
Total 6,200
55090 Vehicle Maintenance
Tires for Camera Van
Tires for 21212
Tune-ups, brakes, air filters, emission components for , Camera
Van, 21100,21212, 21213 750
Safety inspections for ,21100 21212, 21213 @39.50 each 158
Safety inspections for Vac-Con 60
Oil changes for the Camera Van including generator, three times a year 90
21212 three times a year 45
Maintenance contract for next 5 years vac truck 6,200
Miscellaneous lubricants for 21100,21212, 21113 Camera Van, power steering fluid,
transmission fluid, antifreeze, gear oil, windshield washer fluid 500
Oil changes for 21212. 21100 90
Generator Lift Station #1 250
Total 8,143
55100 Building Maintenance Maintenance on overhead doors, heaters, exhaust fans, light bulbs 750
Total 750
60010 Communications/Mobile Phones 1Phone w/Data (Adrian)996
Phone line for the inverted-siphon 276
2 Phones @ $420 each 840
Total 2,112
60020 Electricity Lift station electricity and maintenance barn 18,375
Will have another Lift Station on line this budget year. Will re-ajust later this year. 1,250
Electricity tied to Maintenance Building, 50% Shared Parks & Recreation. 2,625
Total 22,250
60025 Water Water usage on Vac-Con 400
Water tied to Maintenance Building, 50% Shared Parks & Recreation 350
750
60035 Postage To ship camera etc. back for repairs 150
Total 150
60070 Dues & Memberships Adrian - current water/wastewater licenses - C ground water, C Wastewater
Bpat license 200
Renew state plumbing license 55
Dewayne - current water/wastewater licenses - C ground water, C Wastewater
Bert - Current Licenses C water, C Wastewater
255
60080 Schools & Training Two schools per year 400
Eight hours continuing education class state plumbing license 80
Jason two schools 400
Two schools per year. 400
Two schools per year 400
Schools for added employee 400
Three Tests @ 111.00 each in Arlington 333
Misc. Schools or extra schools. 405
Total 2,818
7/16/2010 021 SYSTEMS COLLECTIONS.xls
TCMUD No. 1 239 of 261 20 JULY 2010
Collections
Acct # Acct Name Description Sub-total Total
60090 Safety Program Up to 12 safety classes per year 750
Total 750
60100 Travel & per diem Schools for various classes at Waco and College Station that cannot be found local.1,500
Total 1,500
60105 Rent/Lease Equipment New Vac Truck, 5 year plan same as last two. All major maintenance included. Yearly payment of $38500 38,500
Renting shoring and other equipment not foreseen 1,000
Total 39,500
60245 Miscellaneous Miscellaneous expense not budget for in other lines 100
100
60280 Property Maintenance Top soil, grass, sand, gravel 1,000
Total 1,000
65005 Fuel Fuel for Vac-Con, Camera Van 6,250
21212 F-150 1,750
21213 F-350 2,950
Generator Lift Station #1 750
Total 11,700
65010 Uniforms Uniforms, 4 x 250 1,000
Sweat Shirts 4 X 3 120
T-shirts, 6 per person 225
Coats, 2 x 75.00 150
Boots, 4 x 175 700
Caps 150
Foul weather gear, 4 x 40.00 160
Total 2,505
65030 Chemicals Enzymes and bacteria for lift stations, flow mate, sewer DC mate, HTH,
and lime 12,500
Increase due to the amount of grease in the system
Total 12,500
65035 Small Tools Rhinos, hammers, chisels, screwdrivers, shovels 1,500
Total 1,500
65040 Safety Equipment Safety glasses, Tyvec suits, ear plugs, vests, gloves, back belts, and
rubber boots Safety cones 1,150
Total 1,150
65055 Hardware Stainless steel chains for submersible pumps. Misc. hardware
at various lift stations, and locks 750
Total 750
65095 Maintenance Supplies Jet hose for Vac-Con 3,200
Sewer manhole lids, rings, cleanout shoes, cement 10,000
Optical cables for camera van, tapes, print cartridges, paper 2,500
Misc. for sewer hose 350
Total 16,050
69005 Capital Expenses New pump & motor for lift station ( Pumps getting older) will need to replace one now. 15yrs old 15,000
Total 15,000
69280 Capital Repairs Rehab manholes with raven, annually, untill all are completed.10,000
Any major repair to lift station 10,000
Total 20,000
Totals 384,438
7/16/2010 021 SYSTEMS COLLECTIONS.xls
TCMUD No. 1 240 of 261 20 JULY 2010
Board of Directors
Acct # Acct Name Description Sub-total Total
Salaries & Benefits
Total
55045 Legal Last year - $32,500 60,000
Total 60,000
55055 Auditing annual financial audit Last years cost was $33,591 27500
Will re-ajust when we get the bids back
27,500
55060 Appraisal Denton Central Appraisal District 0
Tarrant County Appraisal District
Total 0
55065 Tax Admin Fees Denton County Tax Office 0
Total 0
55160 Professional Outside
Services
Total 0
Postage
Total 0
60066 Publications/50
Books/Subscriptions
Total 50
60070 Dues & Memberships 2,100
Total 2,100
60075 Meetings 5 Directors X 15 Meetings X $100 750
Total 750
60080 Schools & Training 5 Directors X $350/AWBD Conference = 2,000
Total 2,000
60100 Travel & Per Diem
Total 0
60115 Elections See Managers Office
Total 0
60125 Advertising
Total 0
60245 Miscellaneous Expenses
Total 0
65085 Office Supplies 200
Total 200
Totals 92,600
TCMUD No. 1 241 of 261 20 JULY 2010
TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1
ANNUAL PROGRAM OF SERVICES
LINE ITEM DETAIL
MANAGERS OFFICE
2008-09 2008-09 2008-09 2008-09 2009-10 2009-10 2010-11
DESCRIPTION BUDGET AMENDED ESTIMATED ACTUAL ADOPTED AMENDED PROPOSED
PERSONNEL SERVICES
Salaries & Wages 127,229 232,700 127,229 232,700 249,499 249,499 214,374
Salary Adjustments 36,330 - 36,330 - - - 0
Overtime 1,750 5,094 1,750 5,093 1,750 1,750 500
Longevity 1,268 1,268 1,268 1,268 3,056 3,056 2,580
Retirement 16,020 28,000 16,020 27,999 32,982 32,982 30,360
Medical Insurance 13,360 20,428 13,360 20,427 22,317 22,317 19,526
Dental Insurance 883 1,194 883 1,193 1,446 1,446 1,307
Vision Insurance 224 299 224 298 269 269 240
Life Insurance & Other 965 1,281 965 1,280 1,501 1,501 1,205
Social Security Taxes 7,796 13,794 7,796 13,792 15,459 15,459 13,482
Medicare Taxes 1,823 3,226 1,823 3,226 3,615 3,615 3,153
Unemployment Taxes 810 810 810 187 304 304 630
Workman's Compensation 358 358 358 270 671 671 783
Employee Relations 838 876 838 875 838 838 1,000
TOTAL PERSONNEL SERVICES 209,654$ 309,328$ 209,654$ 308,608$ 333,707$ 333,707$ 289,140$
Legal 37,800 112,099 37,800 112,099 - - 29,100
Independent Labor 79,400 12,913 79,400 12,599 720 720 228,796
Records Management 1,020 713 1,020 590 100 100 250
Professional Outside Services - 5,250 - 5,250 1,000 1,000 1,000
TOTAL PROF & CONTRACTUAL 118,220$ 130,975$ 118,220$ 130,538$ 1,820$ 1,820$ 259,146$
OPERATING EXPENSES
Telephone 315 190 315 190 265 265 200
Communications/Pagers/Mobiles 1,338 2,093 1,338 2,093 2,775 2,775 2,042
Postage 1,071 1,404 1,071 1,404 1,071 1,071 1,571
Publications/Books/Subscripts 154 71 154 70 350 350 450
Dues & Subscriptions 1,612 2,838 1,612 2,837 1,673 1,673 1,576
Meetings 871 197 871 196 961 961 840
Schools & Training 600 682 600 682 2,715 2,715 2,335
Travel & Per Diem 1,114 1,352 1,114 1,352 2,094 2,094 1,972
Elections - 35 - 34 3,500 3,500 2,500
Advertising 650 829 650 829 650 650 1,500
Miscellaneous Expenses 100 19 100 19 100 100 100
4th of July Celebration 10,000 10,000 10,000 10,000 10,000 10,000 10,000
Town 25th Anniversary - - - -
Loan to MUD 2 - 500,000 - 500,000 - - -
Transfer to Debt Service - - - -
Furniture/Equipment - 1,289 - 1,289 1,750 1,750 1,750
TOTAL OPERATING EXPENSES 19,727$ 520,999$ 19,727$ 520,995$ 27,904$ 27,904$ 26,836$
CONSUMABLE SUPPLIES
Office Supplies 695 2,806 695 2,806 2,450 2,450 2,450
Printing 515 515 515 303 515 515 515
TOTAL CONSUMABLE SUPPLIES 1,210$ 3,321$ 1,210$ 3,109$ 2,965$ 2,965$ 2,965$
PROFESSIONAL & CONTRACTUAL SERVICES
"A GREAT PLACE TO CALL HOME"
TCMUD No. 1 242 of 261 20 JULY 2010
TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1
ANNUAL PROGRAM OF SERVICES
LINE ITEM DETAIL
MANAGERS OFFICE
2008-09 2008-09 2008-09 2008-09 2009-10 2009-10 2010-11
DESCRIPTION BUDGET AMENDED ESTIMATED ACTUAL ADOPTED AMENDED PROPOSED
TOTAL EXPENDITURES 348,811$ 964,623$ 348,811$ 963,250$ 366,396$ 366,396$ 578,087$
"A GREAT PLACE TO CALL HOME"
TCMUD No. 1 243 of 261 20 JULY 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
AB C DE
Manager's Office
Acct # Acct Name Description Sub-total Total
Salaries & Benefits
Total 287,526
50070 Employee Relations To include flowers, gifts for hospital stay, bereaved, and gifts/plaques for 1000
staff.
Total 1000
55045 Legal Monthly meetings 12 @ $1400 per meeting 16,800
Review of Contract Documents and other legal advise 12,300
Total 29,100
55070 Independent Labor Audio-Video M1 Mtgs. $15/hour - 4 hours/meeting x 12 720
ILA/Contract for Employee Services 228,076
Total 228,796
55075 Records Management Misc Records Materials, boxes, books, etc. 250
Total 250
55160 Professional Outside 1,000
Services
Total 1,000
60005 Telephone Long Distance - DM Scott 100
Long Distance - MUD Secty Moore 100
Total 200
60010 Communications/ District Mgr 1,021
Pagers/Mobiles MUD Secty 1,021
Permitting - Powell - 50% shared
Total 2,042
60035 Postage DM's Office and Director Correspondence 750
Pitney Bowes rental, 50% shared 546
Pitney Bowes supplies, 50% shared 275
Total 1,571
60066 Publications/ Election Law Supplement $100, 100% 100
Books/Subscriptions TX Muni Clerks Handbook, $100, 100% 100
Ft. Worth News paper 250
Total 450
60070 Dues & Memberships Chamber Membership 240
AWBD 550
AWWA & TWUA - MUD Manager 500
No TX Muni Clerk Assoc, 50% shared
TX Muni Clerks Assoc, 50% shared
Assoc. of Records Mgrs & Admin (ARMA), MUD Secty 180
Notary - $71 ea - MUD Secty 71
Notary - $71 - K. Quile - AA (50% shared?) 35
TML & TMLA?
Total 1,576
60075 Meetings ARMA - MUD Secty / RMO (9 mtgs @ $20/mtg) 180
NTMC (11 mtgs. @ $22) 50% shared
Chamber Luncheons - MUD Secty (6 mtgs @ $22/mtg) 132
2 directors per month at $22 528
Total 840
60080 Schools & Training TMC - Election Law - Irving - January 2011 240
TML Trainings; HR Nuts & Bolts - Odessa 125
TMC- Personnel Management - June 2011 220
TMCCP Course 4, April - Dallas 50% shared (TS)
District Manager (Teex School) 2 schools 450
MUD Secty AWBD Conference 650
7/16/2010 027 MANAGER'S OFFICE.xls
TCMUD No. 1 244 of 261 20 JULY 2010
1
2
AB C DE
Manager's Office
Acct # Acct Name Description Sub-total Total
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
90
91
92
93
94
95
96
97
98
99
100
District Manager AWBD Conference 650
Total 2,335
60100 Travel & Per Diem Mileage to TEEX school at Texas A&M 500
AWWB Meetings 750
Mileage, Meals & Hotel - Round Rock - HR 345
Airfare, Hotel & Meals - Odessa, TX - Personnel Mngmnt 245
Mileage & Meals - Election Seminar, Irving 132 1,972
60115 Elections Election - May 2011 - EMS 2,500
Total 2,500
60125 Advertising Legal, public, and classified ads in general circulation or newspaper 1,500
Total 1,500
60245 Miscellaneous Expenses Unanticipated expenses 100
Total 100
60270 4th of July Celebration This is a conditional expenditure needing Board approval with an
agenda item on an annual basis 10,000
Total 10,000
60360 Furniture/Equipment Book cases & fireproof file cabinet 1,750
<$5000
Total 1,750
65085 Office Supplies Supplies necessary for the operation of the Dept.2,450
Total 2,450
65105 Printing Business cards 515
Total 515
Totals 577,473
7/16/2010 027 MANAGER'S OFFICE.xls
TCMUD No. 1 245 of 261 20 JULY 2010
TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1
ANNUAL PROGRAM OF SERVICES
LINE ITEM DETAIL
UTILITY BILLING
2008-09 2009-10 2009-10 2009-10 2010-11
DESCRIPTION ACTUAL ADOPTED AMENDED ESTIMATE PROPOSED
PERSONNEL SERVICES
Salaries & Wages 76,155 79,238 79,238 78,600 112,537
Overtime 896 750 750 1,216 1,500
Longevity 125 185 185 185 245
Retirement 9,005 10,422 10,422 10,888 15,999
Medical Insurance 10,382 10,675 10,675 10,675 18,414
Dental Insurance 636 826 826 826 1,544
Vision Insurance 162 133 133 133 237
Life Insurance & Other 459 558 558 558 800
Social Security Taxes 4,254 4,920 4,920 5,092 7,032
Medicare Taxes 995 1,151 1,151 1,190 1,645
Unemployment Taxes 90 135 135 378 540
Workman's Compensation 162 212 212 243 411
Pre-Employment Physicals/Testing - - - -
TOTAL PERSONNEL SERVICES 103,321$ 109,205$ 109,205$ 109,984$ 160,904$
PROFESSIONAL SERVICES
Independent Labor - 800 800 800
Utility Billing Contract 10,207 11,000 11,000 11,000
TOTAL PROFESSIONAL SERVICES 10,207$ 11,800$ 11,800$ 11,800$
OPERATING EXPENDITURES
Telephone 55 75 75 75
Communications/Pagers/Mobiles 420 420 420 420
Postage 14,132 15,820 15,820 15,820
Service Charges & Fees 13,528 15,000 15,000 15,000
Dues & Memberships - 71 71 71
Schools & Training - 800 800 800
Travel & per diem - 605 605 605
Reg Assessment Fees (5%) 17,843 20,000 20,000 20,000
Miscellaneous Expenses 48 200 200 200
TOTAL OPERATING EXPENDITURES 46,026$ 52,991$ 52,991$ 52,991$
CONSUMABLE SUPPLIES
Office Supplies 232 700 700 700
Printing 934 4,500 4,500 4,500
TOTAL CONSUMABLE SERVICES 1,166$ 5,200$ 5,200$ 5,200$
TOTAL EXPENDITURES 160,720$ 179,196$ 179,196$ 230,895$
"A GREAT PLACE TO CALL HOME"
TCMUD No. 1 246 of 261 20 JULY 2010
MUD
Account Number Description Description Amount Totals
135-50005-033-000 Salaries & Wages
Information Services Director, 50% Shared.
Network Support Specialist, 50% Shared.
Total Salaries. -$
2% COLA Pay. -$
Totals: -$
135-50016-033-000 Longevity -$
Totals: -$
135-50020-033-000 Retirement -$
Totals: -$
135-50026-033-000 Medical Insurance -$
Totals: -$
135-50027-033-000 Dental Insurance -$
Totals: -$
135-50028-033-000 Vision Insurance -$
Totals: -$
135-50029-033-000 -$
Totals: -$
135-50030-033-000 -$
Totals:-$
135-50035-033-000 -$
Totals:-$
135-50040-033-000 -$
Totals:-$
135-50045-033-000 -$
Totals:-$
135-55030-033-000 Software & Support
Used R For Recurring, NR For Non-Recurring.
*** - Non Dept Specific
R-STW - GL/Payroll Software Lease & Maint 7,770$
R-STW - GL Support & Upgrades 5,250$
R-STW - UB Software Lease & Maintenance 2,363$
R-STW - UB Support & Upgrades 2,625$
R-Internet Connectivity, 50% Shared.3,600$
R-Web Hosting, 50% Shared.115$
R-Web Streaming Provider, 50% Shared 300$
R-Web Maintenance (Domains, SSL Cert, etc)85$
R-Blackberry (BES) Annual Support TX2, Shared 313$
R-Blackberry Device Support for BES (x27 devices)
Split 30% MUD($1368)411$
R-Symantec Image Maintenance, 50% Shared.175$
R-TotalInfo for PEG Channel, 50% shared.500$
NR-Firewall Security Updates & Suppt, 50% Shared.450$
R-CRM Software Maintenance, 50% Shared.638$
R-Network Security Software, 50% Shared.1,250$
R-Miscellaneous Software and Licensing, 50% Shared 1,450$
R-Connect-CTY Maintenance, 50% Shared.3,650$
R-Electronic Timeclock/Payroll Main, 50% Shared.1,230$
R-Helpdesk Software Maintenance, 50% Shared.215$
R-Postini Mail Screening, 50% Shared.144$
R-ListServ, 50% Shared.450$
Fund: 135 Municipal Utility District 1
Dept: 33 Information Systems
Workman's
Compensation
Unemployment
Taxes
Medicare Taxes
Social Security
Taxes
Life Insurance and
Other
Fund 135 - MUD1 Page 1 of 3
TCMUD No. 1 247 of 261 20 JULY 2010
MUD
R-Fuel Master Maintenance, 50% Shared.750$
R-Online Survey, 50% Shared. 250$
NR-Anti-Virus Maintenance and Support, 50% Shared.
NR-Purchaed 3 year plan. Next bill in FY11-12
R-Microsoft Maintenance Agreement 2,713$
*** Fire Department
R-Firehouse Support and Maintenance 1,575$
*** - MUD Manager
R-Agenda Maintenance and Support, 50% Shared. 4,326$
R-Records Software Maint & Support, 50% Shared. 615$
*** - Collection Department
Automatic Meter Reading Maintenance 3,590$
Pipelogix Maintenance 1,900$
R-DCAD Data CE Update/Permit Sftwre, 50% Shared. -$
R-Permitting Software Support, 50% Shared. -$
R-AudioTel Remit Plus Annual Support 1,750$
Totals: 50,453$
135-55070-033-000 Independent Labor R-Consulting and Support Fees, 50% Shared. 1,464$
Used R For Reocurring, NR For Non-Reocurring.
Totals: 1,464$
135-60005-033-000 Telephone
Main Phone Numbers/Local Service, 50% Shared 5,040$
Phone System Maintenance, 50% Shared. 1,500$
Repairs (Non-Maintenance), 50% Shared. 1,500$
IS Dept Long Distance, 50% Shared. -$
Totals: 8,040$
135-60010-033-000 IS Director w/BB, 50% Shared. -$
Network Specialist w/BB, 50% Shared. -$
Totals: -$
135-60035-033-000 Postage Postage for IS Correspondence, 50% Shared -$
Totals: -$
135-60070-033-000 Various IT Magazines, 50% Shared -$
Totals: -$
135-60070-033-000 Texas IT Manager Association Dues, 50% Shared. -$
TechRepublic, 50% Shared. -$
EventID.net, 50% shared. -$
National Assoc of Government Webmaster, 50% Shared -$
Microsoft TechNet Subscription, 50% Shared -$
Totals: -$
135-60075-033-000 Meetings Chamber of Commerce, 50% Shared -$
Miscellaneous Meetings, 50% Shared -$
Totals: -$
135-60080-033-000 Schools & Training Description Amount
Computer Application Training, 50% Shared. -$
Various IT Training/Seminars, 50% Shared. -$
TAGITM Conference x 2FTE, 50% Shared. -$
Totals: -$
135-60100-033-000 Travel & per diem Description Amount
TAGITM Conference, 2 FTE, 4 days, 50% Shared.
Miles $0, Hotel $0, Food $0 -$
Local Travel/Conferences, 50% Shared -$
Dues &
Memberships
Communications/
Pagers/Mobiles
Publications/Books/S
ubscriptions
Fund 135 - MUD1 Page 2 of 3
TCMUD No. 1 248 of 261 20 JULY 2010
MUD
Totals: -$
135-60235-033-000 Security Description Amount
R-Access Control System, 50% Shared. 1,350$
Totals: 1,350$
135-65055-033-000 Hardware R-Backup Tape Replacement, 50% Shared. 480$
R-Accessories, mice, keyboards, etc, 50% Shared. 358$
R-Repair and Maintenance, 50% Shared. 2,000$
R-Network Hardware, 50% Shared. 500$
R-A/V Miscellaneous Equipment, 50% Shared. 750$
**************************************************
GASB 34 Expenditures (Offsetting Revenue)
**************************************************
Not listed yet. -$
Not listed yet. -$
Used R For Recurring, NR For Non-Recurring.
Totals: 4,088$
135-65085-033-000 Office Supplies Description Amount
CD/DVD Media (All depts receive media from IS) 371$
Totals: 371$
We use the following formula to determine the
135-65090-033-000 annual costs. We take the average toner yield
and divide it by the page counts to determine
the amount of toner needed per device. We
have also included a few maintenance kits for
the older printers.
It does include all the plotter supplies. 5,732$
Totals: 5,732$
135-69170-033-000 Description Amount
Monthly lease for the following copiers.
Administration Copier, 50% Shared. 1,900$
Public Works Copier, 50% Shared. 1,550$
Totals: 3,450$
135-69195-033-000 Description Amount
Information Systems Replacement Fund 26,911$
($134,555 Total Assets)
Totals: 26,911$
Fund 135 Totals:101,859$
Printer Supplies &
Maintenance
Copier Lease
Installments
Gasb34/Reserve for
Replacement
Fund 135 - MUD1 Page 3 of 3
TCMUD No. 1 249 of 261 20 JULY 2010
Town
Town of Trophy Club
Fund: 103 TOWN OF TROPHY CLUB Fiscal Year: 2011
Dept: 33 Information Systems
Account Number Description Description Amount Totals:
103-50005-033-000 Salaries & Wages
Information Services Director, 50% Shared.
Network Support Specialist, 50% Shared.
Total Salaries. 115,456$
2% COLA Pay. 2,310$
Totals: 117,766$
103-50016-033-000 Longevity 556$
Totals: 556$
103-50020-033-000 Retirement 15,382$
Totals: 15,382$
103-50026-033-000 Medical Insurance 9,856$
Totals: 9,856$
103-50027-033-000 Dental Insurance 620$
Totals: 620$
103-50028-033-000 Vision Insurance 120$
Totals: 120$
103-50029-033-000 768$
Totals: 768$
103-50030-033-000 7,336$
Totals: 7,336$
103-50035-033-000 Medicare Taxes 1,716$
Totals: 1,716$
103-50040-033-000 136$
Totals: 136$
103-50045-033-000
Workman's
Compensation 312$
Totals: 312$
103-55030-033-000
Used R For Recurring, NR For Non-Recurring.
*** - Non Dept Specific
R-Innoprise Maintenance 8,174$
R-Internet Connectivity, 50% Shared. 3,600$
R-Web Hosting, 50% Shared. 115$
R-Web Streaming Provider, 50% Shared 300$
R-Web Maintenance (Domains, SSL Cert, etc) 185$
R-Blackberry (BES) Annual Support TX2, Shared 313$
R-Blackberry Device Support for BES (x27 devices)
R-Split 70% Town($1368) 958$
R-Symantec Image Maintenance, 50% Shared. 175$
R-TotalInfo for PEG Channel, 50% shared. 500$
R-Firewall Security Updates & Suppt, 50% Shared. 450$
R-CRM Software Maintenance, 50% Shared. 638$
R-Network Security Software, 50% Shared. 1,250$
R-Miscellaneous Software and Licensing, 50% Shared 1,450$
R-Connect-CTY Maintenance, 50% Shared. 3,650$
R-Electronic Timeclock/Payroll Main, 50% Shared. 1,230$
R-Helpdesk Software Maintenance, 50% Shared. 215$
R-Postini Mail Screening, 50% Shared. 144$
R-ListServ, 50% Shared. 450$
R-Fuel Master Maintenance, 50% Shared. 750$
Life Insurance and
Other
Social Security
Taxes
Unemployment
Taxes
Software & Support
Fund 103 - Town Page 1 of 3
TCMUD No. 1 250 of 261 20 JULY 2010
Town
R-Online Survey, 50% Shared.250$
NR-Anti-Virus Maintenance and Support, 50% Shared.-$
NR-Purchaed 3 year plan. Next bill in FY11-12
R-Malware-Bytes AntiSpyware, 50% Shared.750$
R-Microsoft TechNet Subscription, 50% Shared 250$
*** - Police
R-Police Citation Maintenance.3,018$
R-Police RMS Maintenance.7,854$
*** - Court
R-Court Software Support.1,335$
*** - Town Manager
R-Agenda Maintenance and Support, 50% Shared.4,326$
R-Records Software Maint & Support, 50% Shared.615$
R-Town RMO Tracking Software.200$
*** - Community Development
R-DCAD Data CE Update/Permit Sftwre, 50% Shared.1,150$
R-Permitting Software Support, 50% Shared.7,500$
R-ARCGIS Software Maintenance 700$
Totals:52,495$
103-55070-033-000 Independent Labor
R-Consulting and Support Fees, 50% Shared.1,464$
Used R For Reocurring, NR For Non-Reocurring.
Totals:1,464$
103-60005-033-000 Telephone
Main Phone Numbers/Local Service., 50% shared 5,040$
Phone System Maintenance, 50% Shared.1,500$
Repairs (Non-Maintenance), 50% Shared.1,500$
IS Dept Long Distance.720$
Totals:8,760$
103-60010-033-000
IS Director w/BB 1,056$
Network Specialist w/BB 1,056$
Totals:2,112$
103-60035-033-000 Postage
Description Amount
Postage for IS Correspondence 75$
Totals:75$
103-60066-033-000
Various IT Magazines, 50% Shared -$
Totals:-$
103-60070-033-000
Texas IT Manager Association Dues 150$
TechRepublic 100$
EventID.net 24$
National Assoc of Government Webmaster 150$
Microsoft TechNet Subscription 500$
Totals:924$
103-60075-033-000 Meetings
Chamber of Commerce 22$
Miscellaneous Meetings -$
Totals:22$
103-60080-033-000 Schools & Training
Computer Application Training 1,248$
Various IT Training/Seminars 900$
TAGITM Conference x 2FTE 750$
Totals:2,898$
103-60100-033-000 Travel & per diem
TAGITM Conference, 2 FTE, 4 days
Miles $160, Hotel $396, Food $196 1,344$
Local Travel/Conferences 100$
Communications/
Pagers/Mobiles
Publications/Books/
Subscriptions
Dues &
Memberships
Fund 103 - Town Page 2 of 3
TCMUD No. 1 251 of 261 20 JULY 2010
Town
Totals: 1,444$
103-60235-033-000 Security
R-Access Control System, 50% Shared. 1,350$
Used R For Recurring, NR For Non-Recurring.
Totals: 1,350$
103-65055-033-000 Hardware
R-Backup Tape Replacement, 50% Shared. 480$
R-Accessories, mice, keyboards, etc, 50% Shared. 358$
R-Repair and Maintenance, 50% Shared. 2,000$
R-Network Hardware, 50% Shared. 500$
R-A/V Miscellaneous Equipment, 50% Shared. 750$
Used R For Recurring, NR For Non-Recurring.
Totals: 4,088$
103-65085-033-000 Office Supplies
Office supplies necessary for the operations of
the office. Also includes nameplates, award
plaques, committee supplies, etc…. 350$
CD/DVD Media (All depts receive media from IS) 371$
Totals: 721$
103-65090-033-000 We use the following formula to determine the
annual costs. We take the average toner yield
and divide it by the page counts to determine
the amount of toner needed per device. We
have also included a few maintenance kits for
the older printers.
It does include all the plotter supplies. 9,199$
Totals: 9,199$
103-69170-033-000
Monthly lease for the following copiers.
Administration Copier, 50% Shared. 1,900$
Public Works Copier, 50% Shared. 1,550$
Police Copier. 3,384$
Totals: 6,834$
103-69195-033-000
Information Systems Replacement Fund 44,707$
($219,066 Total Assets)
Totals: 44,707$
Fund 103 Totals:291,661$
Gasb34/Reserve
for Replacement
Copier Lease
Installments
Printer Supplies &
Maintenance
Fund 103 - Town Page 3 of 3
TCMUD No. 1 252 of 261 20 JULY 2010
TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1
ANNUAL PROGRAM OF SERVICES
LINE ITEM DETAIL
FIRE OPERATIONS FUND
OUNT 2008-09 2009-10 2009-10 2009-10 2010-11
DESCRIPTION ACTUAL ADOPTED AMENDED ESTIMATE PROPOSED
REVENUE
Assessment - Emerg Svcs - - 51,966 -
Property Taxes/MUD Fire - - 1,117,013 -
Property Taxes/Fire P&I - - 6,500 -
Fire Permits/Sprinkler - - - -
Fire Inspections - - - -
Denton/Tarrant Cty Pledge - Fire 10,000$ 13,750$ 13,750 13,750
Intergov Trans In (MUD1 Fire)633,242 1,117,013 - -
Intergov Trans In (MUD2 Fire)506,490 - - -
Intergov Trans In (PID Fire)20,653 51,966 - -
Intergov Trans In (P&I)430 6,500 6,500
Fire Grants 3,000 - - -
Misc Fire Revenue 978 1,200 1,200 1,200
Loan Proceeds - - - -
Interest Income 425 - - -
Miscellaneous Income - - - -
TOTAL REVENUES 1,175,218$ 1,190,429$ $ 1,190,429 $ - 21,450$
EXPENDITURES
PERSONNEL SERVICES
Salaries & Wages 373,637$ 398,849$ 398,620 404,361 386,597
Overtime 37,818 40,298 40,298 38,350 40,298
DPS Holiday Pay 10,763 11,329 11,464 11,464 11,490
Longevity 2,204 2,704 2,798 2,798 2,919
Certification 7,064 5,356 5,356 6,266 5,356
Retirement 47,124 59,532 59,532 61,425 62,448
Medical Insurance 43,162 42,897 42,897 41,478 45,873
Dental Insurance 2,684 3,052 3,052 2,964 3,284
Vision Insurance 579 493 493 448 524
Life Insurance & Other 2,228 2,582 2,582 2,237 2,467
Social Security Taxes 23,146 26,516 26,516 27,705 25,780
Medicare Taxes 5,413 6,201 6,201 6,479 6,029
Unemployment Taxes 378 549 549 1,700 1,375
Workman's Compensation 8,956 9,799 9,799 12,276 13,016
Pre-Employment Physicals/Testing 609 675 675 278 675
TOTAL PERSONNEL SERVICES 565,765$ 610,832$ 610,832$ $ 620,229 608,131$
Maintenance & Repairs 2,377 5,400 5,400 5,000 5,562
Vehicle Maintenance 7,154 13,500 13,500 13,500 13,500
Equipment Maintenance 873 3,500 3,500 3,500 3,675
Building Maintenance 4,110 11,000 11,000 3,000 11,000
Maintenance-Radios 563 1,000 1,000 1,000 1,050
Professional Outside Services 45,157 40,000 40,000 39,388 40,000
TOTAL PROF & CONTRACT SERVICES 60,234$ 74,400$ $ 74,400 $ 65,388 74,787$
OPERATING EXPENSES
Telephone 44 100 100 100 103
Communications/Pagers/Mobiles 2,287 2,477 2,477 2,200 2,527
Electricity 10,375 16,571 16,571 16,571 17,400
PROFESSIONAL & CONTRACTUAL SVC
"A GREAT PLACE TO CALL HOME"
TCMUD No. 1 253 of 261 20 JULY 2010
TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1
ANNUAL PROGRAM OF SERVICES
LINE ITEM DETAIL
FIRE OPERATIONS FUND
OUNT 2008-09 2009-10 2009-10 2009-10 2010-11
DESCRIPTION ACTUAL ADOPTED AMENDED ESTIMATE PROPOSED
Water 2,764 3,100 3,100 1,000 3,193
Rent And/Or Usage 308,000 308,000 308,000 308,000 308,000
Postage 134 93 93 93 95
Insurance 5,280 19,024 19,024 19,024 19,975
"A GREAT PLACE TO CALL HOME"
TCMUD No. 1 254 of 261 20 JULY 2010
TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1
ANNUAL PROGRAM OF SERVICES
LINE ITEM DETAIL
FIRE OPERATIONS FUND
OUNT 2008-09 2009-10 2009-10 2009-10 2010-11
DESCRIPTION ACTUAL ADOPTED AMENDED ESTIMATE PROPOSED
Publications/Books/Subscripts 280 364 364 264 382
Dues & Memberships 7,196 7,960 7,960 6,500 8,358
Meetings 336 300 300 300 -
Schools & Training 4,002 6,300 6,300 5,300 6,615
Emergency Management 1,000 1,000 1,000 1,000 1,000
Travel & Per Diem 2,796 6,769 6,769 5,769 7,107
Physicals/Tests 125 1,843 1,843 1,843 1,880
Advertising 118 150 150 - 153
Programs & Special Projects 2,573 4,000 4,000 4,000 4,080
Fire Inspection/Enforcement 425 1,000 1,000 1,000 1,000
Flags & Repair 1,869 2,307 2,307 2,307 2,422
Miscellaneous Expenses 1,478 1,200 1,200 1,200 1,224
TOTAL OPERATING EXPENSES 351,082$ 382,558$ $ 382,558 $ 376,471 385,514$
CONSUMABLE SUPPLIES
Fuel & Lube 6,230 15,795 12,095 7,800 16,585
Uniforms 2,927 4,230 4,230 3,200 4,357
Protective Clothing 359 4,600 4,600 4,600 7,600
Chemicals 504 1,500 1,500 1,500 1,545
Small Tools 5,810 7,890 7,890 5,000 8,127
Office Supplies 279 310 310 310 319
Maintenance Supplies 1,630 2,526 2,526 2,526 2,652
Printing 230 100 100 - 103
TOTAL CONSUMABLE SUPPLIES 17,969$ 36,951$ $ 33,251 $ 24,936 41,288$
CAPITAL EXPENSES
Grant Match - 3,000 10,000 10,000 3,000
Vehicles 15,963 7,500 4,200 4,183 7,500
Vehicle Equipment 3,363 - - -
Radios 1,203 - - - 2,500
Engine 681 Payment 73,911 72,943 72,943 72,943 72,943
Airpacks 2,245 2,245 2,245 2,245 2,245
TOTAL CAPITAL EXPENSES 96,685$ 85,688$ $ 89,388 $ 89,371 88,188$
EXPENDITURE TOTAL $ 1,091,735 1,190,429$ $ 1,190,429 $ 1,176,395 $ 1,197,908
"A GREAT PLACE TO CALL HOME"
TCMUD No. 1 255 of 261 20 JULY 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-99-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/8/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/20/2010
Title:Review Monthly Tax Collection Report
a. June 2010
Attachments:TaxCollectionReports-June 2010.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 256 of 261 20 JULY 2010
File #: 2010-99-M1, Version: 1
Title
Review Monthly Tax Collection Report
a. June 2010
TCMUD No. 1 257 of 261 20 JULY 2010
TCMUD No. 1258 of 26120 JULY 2010
TCMUD No. 1259 of 26120 JULY 2010
TCMUD No. 1260 of 26120 JULY 2010
17/13/2010 11:50 AMMary MooreSMTWT F S12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31August 2010SMTWT F S123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30September 2010August 2010MondayTuesdayWednesdayThursdayFridaySat/SunAugust 112:00pmCERT Training (Svore Municipal 25:00pmTown Council Proposed Budget Overview (PS Conference Room)7:00pmCouncil (MUD Bd Rm)39:00amStaff Meetings (SvoreMunicipal Building Bo4:00pmPolice Chaplain Meeting (internal) 7:00pmParks & Recreation Board (Svore Muni410:00amChair Massage (PS Conference Room)3:00pmASA Meeting (Council Chambers)57:00pmP&Z Commission (Council Chambers)678:00amDay Camp Staff 9:00amCommunity 812:00pmCERT Training (Svore Municipal 96:00pmSpecial Session TownCouncil Budget Discussion (PS Confe6:30pmEDC B (Svore Municipal Building Boardroom)10113:00pmASA Meeting (Council Chambers)12131415166:00pmTown Council Budget Discussion (PS Conference Room)7:00pmCouncil (MUD Bd Rm)179:00amStaff Meetings (PS Conference Room)7:00pmTCMUD No.1 Meeting(Svore Municipal Buil7:00pmTrophy Club Park SubCommittee (PS Confe1810:00amEAC (PS Conference Room)12:00pmCOURT (Svore Municipal Building 3:00pmASA Meeting (PS Conference Room)197:00pmP&Z Commission (Council Chambers)202122236:00pmSpecial Session TownCouncil Budget Discussion (PS Confe6:00pmTown Council Budget Discussion (PS Conference Room)244:00pmTBD - ZBA (Svore Municipal Buildling Board Room)7:00pmCitizens Police Academy Alumni (Internal) (Police 253:00pmASA Meeting (Council Chambers)266:00pm Public Safety Advisory Committee (Internal) (Police Dept. Training Room)7:00pmTCWC (PS Conference Room)272829306:00pmSpecial Session TownCouncil Budget Discussion (PS Confe6:00pmTown Council Budget Discussion Special Session (PS Conferen313:00pmJury Trial (Svore Municipal Buildling Board Room)3:00pmJury Trial (PS Conference Room)TCMUD No. 1261 of 26120 JULY 2010