12.11.2012 Town Council PacketPage 1 of 3
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events.
4. Presentation of proclamation recognizing Chris Kinser and Shannette Francis with Par
Roofing and Painting for volunteering services to a resident at 206 West First Street.
5. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered
non-controversial. The Consent Agenda can be acted upon in one motion. A majority
vote of the Council is required to remove any item for discussion and separate action.
Council members may vote nay on any single item without comment and may submit
written comments as part of the official record.)
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
• Special Called Meeting - November 16, 2012
• Regular Council Meeting – November 27, 2012
5b. Consider and act upon an EMS Contract Agreement with Tenet Frisco, Ltd. doing
business as Centennial Medical Center. This contract is for continued education
purposes and does not impact which hospital a patient is transported to, and 2)
adopt Resolution No. 12-83 authorizing the Town Manager to execute the same.
(RT)
5c. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department, pursuant
to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance,
regarding action taken by the Planning & Zoning Commission on any site plan or
preliminary site plan. (CC)
5d. Consider and act upon 1) a Facilities Maintenance Agreement between the Town
of Prosper and Whispering Farms Residential Association, Inc., and 2) adopt
Resolution No. 12-81 authorizing the Town Manager to execute the same. (HW)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, December 11, 2012
Meeting begins at 6:00 p.m.
Page 2 of 3
5e. Consider and act upon 1) the Third Amendment to the Preannexation Agreement
between the Town of Prosper and TVG Texas I, LLC and 2) adopt Resolution No.
12-82 authorizing the Town Manager to execute the same. (HW)
5f. Consider and act upon 1) the Second Amendment to Temporary Employee
Agreement between the Town of Prosper, Texas and Michael S. Bulla for
Project Management of Bond Funded Projects and 2) adopt Resolution No.
12-84 authorizing the Town Manager to execute the same. (HW)
5g. Consider and act upon rejection of the bids for the Prosper Frontier Park
Maintenance Structure. (HW)
6. CITIZEN’S COMMENT
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Comments Form” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
7. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, as authorized by the Texas Open Meetings Act to deliberate
regarding;
7a. Section 551.087. To deliberate regarding Economic Development Negotiations
regarding property located south of Frontier, west of Custer Road, north of 380
and east of 1385.
7b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real
property generally located on Prosper Trail west of Preston Road and east of
Coleman Street.
7c. Section 551.074. To deliberate the appointment employment and/or duties of the
interim Town Manager and/or permanent Town Manager.
8. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
10. Adjourn.
Page 3 of 3
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the
Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all
times, and said Notice was posted on the following date and time:
By __________________________ at 4:00 p.m. and remained so posted at least 72 hours before said meeting was
convened.
________________________________
Amy Piukana, TRMC
Town Secretary
If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or
executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town
should be held or is required, then such closed or executive meeting or session or consultation with the
attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq.,
will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement
of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive
meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for
any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes:
Texas Government Code:
§551.071 - Consultation with the attorney/special counsel for the Town.
§551.072 - Discussion regarding the purchase, exchange, lease or value of real property.
§551.074 - Discussion regarding personnel matters.
NOTICE
Pursuant to Town of Prosper Ordinance Number 07-04, all speakers other than Town of Prosper Staff are limited to
three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a
majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair
accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the
Town Secretary’s Office at (972) 569-1011. BRAILLE IS NOT AVAILABLE.
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1. Call to Order / Roll Call.
Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem
Kenneth Dugger.
Absent: Council Member Jason Dixon, Council Member Danny Wilson, Council Member Curry
Vogelsang and Council Member Mike Korbuly.
Staff Members present: Amy Piukana, Town Secretary
2. Consider and act upon canvassing the election returns of the Special Local Option Election on
November 6, 2012 for the legal sale of all alcoholic beverages off premise consumption only and
adopting Ordinance No. 12-38, providing an effective date. Town Secretary Amy Piukana was
present to answer any questions.
Mayor Pro Tem Miller made a motion to approve Ordinance No. 12-38, as presented. Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 3-0.
3. Adjourn. Mayor Pro Tem Miller made a motion to adjourn the meeting at 3:09 p.m. Motion
seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 3-0.
The meeting adjourned at 3:09 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
Minutes
Special Called Meeting
Prosper Town Council
Prosper EDC
170 Preston Road Ste #50
Prosper, TX 75078
Friday, November 16, 2012
3:00 p.m.
Page 1 of 6
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1. Call to Order / Roll Call.
Council Members present: Mayor Ray Smith, Mayor Pro Tem Meigs Miller, Deputy Mayor Pro Tem
Kenneth Dugger, Council Member Jason Dixon, Council Member Danny Wilson and Council
Member Mike Korbuly.
Absent: Council Member Curry Vogelsang
Staff Members present: Lyle Dresher, Interim Town Manager; Amy Piukana, Town Secretary;
Ronnie Tucker, Fire Chief; Matthew Garrett, Finance Director; Hulon Webb, Development Director;
and Chris Copple, Planning Director.
2. Pastor Bo Thompson with Rheas Mill Baptist Church led the Invocation. The Pledge of Allegiance,
and Pledge to the Texas Flag were given.
3. Announcements of upcoming events –
• Prosper Christmas Festival & Parade is scheduled for December 9, 2012 at 2 p.m.
• Council Member Dixon announced the Prosper Eagles football team playoff game is
set for Saturday, at 3 p.m. in Garland.
• PYSA will hold six recreation tournaments this Saturday and Sunday.
4. Collin County Commissioner Matt Shaheen presented the Town a $400,000 grant ceremonial check
from Collin County for Creek Crossing Community Park and a $35,000 grant for Pecan Grove Park
Trail Connection.
5. CONSENT AGENDA
Town Council Member Dixon pulled item 5c off the Consent Agenda. Deputy Mayor Pro Tem
Dugger pulled items 5d, 5e, and 5f off the Consent Agenda.
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
• November 13, 2012
5b. Consider and act upon whether to direct staff to submit a written notice of appeal on
behalf of the Town Council to the Development Services Department, pursuant to
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway
Prosper, TX 75078
Tuesday, November 27, 2012
Council Meeting
6:00 p.m.
Page 2 of 6
Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding
action taken by the Planning & Zoning Commission on any site plan or preliminary
site plan. (CC)
5g. Consider and act upon Resolution No. 12-81, accepting and approving the 2012 Tax Roll.
(MG)
Council Member Dixon made a motion to approve Consent Items 5a, 5b, and 5g, as presented.
Motion seconded by Council Member Dixon. Motion approved by vote of 6-0.
5c. Consider and act upon 1) an Interlocal Agreement between the Town of Prosper and
Collin County related to the construction of the Pecan Grove Park Trail Connection and
2) Resolution 12-78 authorizing the Town Manager to execute the same. Development
Director Hulon Webb briefed Council regarding this item.
After discussion, Mayor Pro Tem Miller made a motion to approve Consent Item 5c, as
presented. Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of
6-0.
5d. Consider and act upon 1) an amendment to the contract with Collin County for Animal
Control Services, extending the agreement through FY2012-13 at a cost of $38,598, and
2) Resolution No. 12-79 authorizing the Town Manager to execute the same. (TE) Collin
County Animal Services Division Manager Misty Brown was present to answer any
questions.
Deputy Mayor Pro Tem Dugger asked if the county has seen an increase in calls for
service. Ms. Brown stated that calls have increased. Mayor Pro Tem Miller noted that
the proposed fees have increased by 12%. Ms. Brown noted the increase in fees was due to a
newly added animal control officer position, a new veterinary technician position and
employee salary increases.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve an amendment to
the contract with Collin County for Animal Control Services, extending the agreement
through FY2012-13 at a cost of $38,598, and adopting Resolution No. 12-79 authorizing the
Town Manager to execute the same. Motion seconded Mayor Pro Tem Miller. Motion
approved by vote of 6-0.
5e. Consider and act upon 1) an amendment to the contract with Collin County for Animal
Sheltering Services, extending the agreement through FY2012-13 at a cost of $26,754,
and 2) Resolution No. 12-80 authorizing the Town Manager to execute the same. Collin
County Animal Services Division Manager Misty Brown was present to answer any
questions. Ms. Brown noted Collin County Animal Services Board meets December 3rd to
discuss future plans for the Animal Shelter.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to approve an amendment to
the contract with Collin County for Animal Sheltering Services, extending the agreement
through FY2012-13 at a cost of $26,754, and Resolution No. 12-80 authorizing the Town
Manager to execute the same.
Page 3 of 6
5f. Consider and act upon Resolution No. 12-71, establishing energy conservation goals as
required by Texas Health and Safety Code §388.005. Finance Director Matthew Garrett
briefed Council regarding this item. Mr. Garrett explained that The Texas Health and Safety
Code § 388.005 requires that Cities in nonattainment areas commit to reduce energy
consumption each year by at least five percent (5%). There are no penalties in the statute for
failure to adopt the energy conservation goals, failure to meet the goals, or failure to file the
required reports.
Council asked staff if a step plan to reduce electricity cost has been done to help execute a
plan. Mr. Garrett explained that by consolidating staff to one building, electricity costs would
decrease. Mr. Garrett noted the Town is growing and expanding which would require
justification that all available cost effective measures would be considered with expansion.
The following citizens were present to speak on this item:
Resident Ann Lieber spoke in opposition of the proposed resolution asking the name of the
entity that would receive the energy reports and asked who Texas Health and Safety
Code is and stated Code does not mean it is a Law. Ms. Lieber stated this resolution would
increase staff labor by requiring research and reports not to mention cost of updating existing
facilities to be energy efficient. Ms. Lieber asked that more information be provided on
Senate Bill 898.
Resident Kelly Cooper spoke against the proposed resolution and had concerns about the cost
of implementing such a program. Ms. Cooper reminded Council that government regulations
are always changing. Ms. Cooper asked who the energy justification reports would be sent to
and requested an explanation of “nonattainment” which is stated in the resolution.
Finance Director Matthew Garrett explained that the company receiving the reports is SECO
which stands for State Energy Conservation Office.
Deputy Mayor Pro Tem read information from a website explaining the reduction is in place
to lower energy use and reduce air pollution.
Resident Ann Lieber spoke again noting the website Deputy Mayor Pro Tem is reading from
is a phony site and not a government webpage.
Council discussed the need for more information and an action plan to comply. Mayor Pro
Tem Miller stated a resolution is not necessary to show compliance.
After discussion, Deputy Mayor Pro Tem Dugger made a motion to table the item. Motion
seconded by Council Member Dixon. Motion approved by vote of 4-2, Mayor Pro Tem
Miller and Council Member Korbuly voting against.
6. CITIZEN’S COMMENT
(The public is invited to address the Council on any topic. However, the Council is unable to discuss
or take action on any topic not listed on this agenda. Please complete a “Public Comments Form” and
present it to the Town Secretary prior to the meeting.)
Other Comments by the Public –
Resident Robert Wierschem who resides at 1690 Cedar Bend Court, Prosper, Texas; thanked Council
for assisting and ultimately resolving drainage issues in his subdivision.
Page 4 of 6
Resident Kelly Cooper spoke again regarding the Energy Conservation Resolution asking
Council to not fall under the rule of Government and urged Council to not accept
programs we do not need. Ms. Cooper thanked Council for tabling the item but wished they
would have denied it. Ms. Cooper urged Council to not ask for permission, make a decision to turn
away and begin focusing on the sovereignty of the Town.
Resident Ann Lieber spoke regarding Agenda 21, stating these mandates come from the Federal
Government. Ms. Lieber urged Council to not reply stating it is manipulation and explained if you
respond you are consenting with their game.
REGULAR AGENDA
If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS:
7. Consider and act upon a proposal from the Prosper Independent School District to conduct two (2)
softball tournaments. Development Director Hulon Webb briefed Council on this item. Mr.
Webb explained Town staff has received a request from Johnny Bledsoe with the Prosper
Independent School District (PISD) to discuss two (2) softball tournaments at Frontier Park. The
proposed dates for the first tournament are February 21st – 23rd, 2013 and the second tournament is
February 28, 2013. Staff has provided two (2) cost breakdowns for the proposed use of the fields
below based on 1) the proposed tournament fee structure approved by the Parks and Recreation
Board on July 12, 2012; and 2) the current park user fee ordinance that was used last year to calculate
the proposed charge to PISD for the use of Frontier Park.
PISD Softball Tournament Fee Schedule
(Note: Sunset times approximately 6:20 pm)
Field #1
Field #1 w/
Lights Field #2
Field #2 w/
Lights
Thursday 21st 3 3 3 3
Friday 22nd 7 3 1 3
Saturday 23rd 6 0 6 0
Thursday 28th 3 3 0 0
19 hrs 9 hrs 10 hrs 6 hrs
1) Proposed Tournament Fee:
$100 per day per field, $10 per hour per field, a $25 per team entry fee, a $20 per hour for
field light usage, requiring a $500 minimum charge for any tournament, to require a $500
deposit only refundable due to inclement weather, and to require a $1,000,000 insurance policy
naming the Town on the policy.
Page 5 of 6
Tournament 1: 3 days, 2 fields, 38 hours, 13 teams, 12 hours light usage, $500 deposit = $2,045
Tournament 2: 1 day, 1 field, 6 hours, 6 teams, 3 hours light usage, $500 deposit = $870
TOTAL FEES = $2,915
2) Current Park User Fee Ordinance:
$30/hour per field with no lights and $45/hour per field with lights.
Cost for non lighted field hours ($30*29 hours) = $ 870
Cost for lighted field hours ($45*15 hours) = $ 675
TOTAL FIELD USAGE FEE = $1,545
Staff has also included staff time for additional maintenance during the tournament.
Field preparations (materials) = $ 75
Staff Hours = $ 500
TOTAL MAINTENANCE FEE = $ 575
TOTAL FEES = $2,120
At the January 12, 2012 Parks and Recreation Board Meeting, the Parks and Recreation Board
approved a motion to charge the PISD $529 for the use of the Frontier Park softball fields for
tournament play on February 23rd – 25th, 2012. It was later decided by the Town Council at their
February 14, 2012 Town Council Meeting to waive the charge to the PISD for the use of Frontier
Park softball fields for tournament play.
Mr. Webb explained that at the November 8, 2012 Parks and Recreation Board Meeting, the Parks
and Recreation approved a motion to charge the PISD $800 for the use of the Frontier Park softball
fields for tournament play on February 21st – 23rd, 2013 and February 28th, 2013. The $800 was
calculated as follows:
• Cost for electricity ($15*15 hours) = $225
• Field preparations (materials) = $ 75
• Staff Hours = $500
• Total Fee = $800
After discussion, Mayor Pro Tem Miller made a motion to approve setting a fee of $800 to PISD for
use of the Frontier Park to conduct two (2) softball tournaments. Motion seconded by Council
Member Korbuly. Motion approved by vote of 6-0.
8. Appointment of a Board Member to the Library Board to fill a vacant unexpired term. Mayor Pro
Tem Miller made a motion to appoint Lucy Towle to the Library Board to fill an unexpired term.
Motion seconded by Deputy Mayor Pro Tem Dugger. Motion approved by vote of 6-0.
9. EXECUTIVE SESSION
Deputy Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:10 p.m. Motion
seconded by Mayor Pro Tem Miller. Motion approved by vote of 6-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
Page 6 of 6
9a. Section 551.087. To deliberate regarding Economic Development Negotiations regarding
property located south of Frontier, west of Custer Road, north of 380 and east of 1385.
9b. Section 551.072. To deliberate the purchase, exchange, lease, or value of real property
generally located on Prosper Trail west of Preston Road and east of Coleman Street.
9c. Section 551.074. To deliberate the appointment employment and/or duties of the interim
Town Manager and/or permanent Town Manager.
Deputy Mayor Pro Tem Dugger made a motion to reconvene into regular session at 8:49 p.m.
10. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. No
action was taken as a result of Executive Session.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action was
taken on this item.
12. Adjourn. Deputy Mayor Pro Tem Dugger made a motion to adjourn the meeting at 8:50 p.m. Motion
seconded by Council Member Wilson. Motion approved by vote of 6-0.
The meeting adjourned at 8:51 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Ronnie Tucker, Fire Chief
Cc: Interim Town Manager Lyle Dresher
Re: Town Council Meeting – December 11, 2012
Date: November 26, 2012
Agenda Item:
Consider and act upon an EMS Contract Agreement with Tenet Frisco, Ltd. doing business as
Centennial Medical Center. This contract is for continued education purposes and does not
impact which hospital a patient is transported to.
Description of Agenda Item:
Medical Control:
• Critical Incident Stress Debriefing: The EMS coordinator would contact Centennial
Medical Center about the need for Critical Incident Stress Debriefing. CMC then would
arrange for CISD with local agencies and volunteers in coordinating with the EMS
coordinator.
• Exposures: The EMS coordinator will be responsible for notification of Medical Control
in the event of an exposure. The employee will follow the established protocols of the
Fire Department. Centennial Medical Center will provide the exposure care, follow up
and counseling as deemed necessary, under the discretion of the Employee Health Nurse.
• TDH updates: The Medical Control Physician will provide notification to the EMS
agency in the event of changes or updates to any rule, regulation or accreditation enacted
by THD or other regulatory body concerning the services they provide.
Quality Improvement:
• Centennial Medical Center will provide quality reviews of mutually agreed upon patient
populations (examples, pediatrics, intubations, priority patients, CPR’s), patients referred
for review by EMS coordinator, and/or 20% of all runs. All CPR cases will be reviewed
and followed up if necessary. Feedback will be given on each case and an overview will
be provided monthly. Centennial Medical Center and Prosper FD will meet at least
quarterly to address any concerns by either party.
Continuing Education:
• Topics will be chosen by the Medical Control and the EMS Coordinator based on
department needs and current trends. CE’s will be conducted live and by distance
learning. Centennial Medical Center will provide written feedback at the end of each CE
to Medical Control. Improvements will be based on feedback and agreed upon by both
parties.
Advanced Cardiac Life Support (“ACLS”) Training
• Initial Training. The initial ACLS class is held once per quarter at the Hospital and is a
two day classroom course which includes a skills check off test. The FD will be required
to purchase the materials for this training which the Hospital can provide.
• Renewal Training. The renewal class is offered three times a year at the Hospital and is a
one day class which includes a skills check-off test. The ACLS skills check-off test will
be offered for Twenty Dollars ($20).
Budget Impact:
The budget impact for this item is approximately $17,000 annually. This fee has not changed
over the last few contracts. This amount has been budgeted for.
Legal Obligations and Review:
N/A
Attached Documents:
EMS Contract
Board, Committee and/or Staff Recommendation:
Staff recommends Town Council make a motion to approve an EMS Contract with Town of
Prosper Fire Department and Centennial Medical Center, as presented.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-83
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
WITH TENET FRISCO, LTD. DOING BUSINESS AS CENTENNIAL
MEDICAL CENTER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
agreement to contract with the Hospital for continued education services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th of December, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page | 1
SERVICES AGREEMENT
THIS SERVICES AGREEMENT (“Agreement”) is made and entered into as of the later of
November 22, 2012, or the execution of the Agreement by both parties (the “Effective Date”)
between Tenet Frisco, Ltd., a Texas limited partnership, doing business as Centennial
Medical Center (“Hospital”) and Town of Prosper Fire Department (“Group”).
R E C I T A L S:
A. Group is in need of Medical Control Services and desires to contract with
Hospital for the provision by Hospital for such Services (the “Services”).
B. Hospital employs or otherwise contracts with physicians duly licensed in the State
of Texas (the “State”) and qualified as doctors of medicine with experience in furnishing the
Services (collectively “Physicians”).
NOW, THEREFORE, for and in consideration of the recitals above and the mutual
covenants and conditions contained herein, Hospital and Group agree as follows:
1. HOSPITAL’S OBLIGATIONS.
a. Services. While this Agreement is in effect, Hospital shall provide to the
Town of Prosper Fire Department the Services described in Exhibit A attached hereto and
incorporated herein by this reference. Hospital shall provide said Services through employees
and/or contractors of Hospital (“Hospital Staff”) who are qualified and appropriately licensed
and certified, and/or registered to perform all functions assigned to them by Hospital in
connection with the Services.
2. HOSPITAL’S COMPENSATION.
a. Fees. For the Services rendered pursuant to this Agreement, Hospital
shall be reimbursed Seventeen Thousand Dollars ($17,000) annually for Services provided. The
Town of Prosper Fire Department will pay Hospital in four equal quarterly payments of Four
Thousand Two Hundred Fifty Dollars ($4,250). In addition, there will be a Twenty Dollar ($20)
charge for each ACLS skills check-off test.
3. T ERM. The term of this Agreement (“Term”) shall be three (3) year(s)
commencing on the Effective Date. If the parties continue to abide by the terms and conditions
of this Agreement without having executed a renewal or extension of this Agreement or advised
the other party of such party’s intent not to renew or extend this Agreement, then this Agreement
shall automatically be extended on a month-to-month basis for up to six (6) months.
4. T ERMINATION.
Page | 2
a. Termination Without Cause. Either party may, in its sole discretion,
terminate this Agreement without cause by giving the other party at least ninety (90) days’ prior
written notice.
b. Termination for Breach. Either party may terminate this Agreement
upon breach by the other party of any material provision of this Agreement, provided such
breach continues for fifteen (15) days after receipt by the breaching party of written notice of
such breach from the non-breaching party.
c. Immediate Termination by Hospital. Hospital may terminate this
Agreement immediately by written notice to Group upon the occurrence of any of the following:
(1) the denial, suspension, revocation, termination, restriction, lapse or relinquishment (under
threat of disciplinary action) of Physician’s medical staff membership and/or privileges at
Hospital, or any other health care facility, or any Physician’s license to practice medicine in the
State; (ii) the death of any Physician; (iii) the failure of Group to notify Hospital as required by
Subsection 1.f.; (iv) conduct by Group or any Physician which, in the sole discretion of Hospital,
could affect the quality of professional care provided to Hospital patients or the performance of
duties required hereunder, or be prejudicial or adverse to the best interest and welfare of Hospital
or its patients; (v) breach by Group or any Physician of any of the confidentiality provisions
hereof; (vi) closure of Hospital, cessation of the patient care operations or sale of Hospital or of
all, or substantially all, of Hospital’s assets; or (vii) Group’s or any Physician’s conviction of a
criminal offense related to health care, or Group’s or any Physician’s listing by a federal agency
as being debarred, excluded or otherwise ineligible for federal program participation.
Group may cure such breach caused by a Physician under this Subsection by
immediately terminating all employment and other Group-based professional and business
relationships with such Physician and preventing said Physician from providing any Services
hereunder.
d. Termination for Changes in Law. In the event that any governmental or
nongovernmental agency, or any court or administrative tribunal passes, issues or promulgates
any new, or change to any existing, law, rule, regulation, standard, interpretation, order, decision
or judgment (individually or collectively, “Legal Event”), which a party (the “Noticing Party”)
reasonably believes (i) materially and adversely affects either party’s licensure, accreditation,
certification, or ability to refer, to accept any referral, to present a bill or claim, or to receive
payment or reimbursement from any governmental or non-governmental payor, or (ii) indicates a
Legal Event with which the Noticing Party desires further compliance, then, in either event, the
Noticing Party may give the other party thirty (30) days prior written notice of its intent to
amend or terminate this Agreement. Notwithstanding the foregoing, the Noticing Party may
propose an amendment to the Agreement to take into account the Legal Event, and, if accepted
by the other party prior to the end of the thirty (30) day notice period, the Agreement shall be
amended as of the date of such acceptance and if not amended shall automatically terminate.
e. Effect of Termination. As of the effective date of termination of this
Agreement, neither party shall have any further rights or obligations hereunder except: (a) as
Page | 3
otherwise provided herein; (b) for rights and obligations accruing prior to such effective date of
termination; and (c) arising as a result of any breach of this Agreement.
5. HOSPITAL’ STATUS. In performing the Services, Hospital is acting as an
independent contractor and neither Hospital nor any Hospital Staff shall be considered an
employee of the Town of Prosper Fire Department. Hospital shall perform at all times in
accordance with current approved methods and standards of practice for Services in the medical
community.
6. ACCESS TO BOOKS AND RECORDS. If the value or cost of Services rendered to
the Town of Prosper Fire Department pursuant to this Agreement is $10,000 or more over a 12-
month period, in accordance with section 1861(v)(1)(I) of the Social Security Act, Hospital
agrees that at least for four (4) years after the furnishing of such Services, Hospital shall, upon
written request, make available to the Secretary of the United States Department of Health and
Human Services (the “Secretary”), the Comptroller General of the United States, or their
respective duly-authorized representatives, such books, documents, and records as may be
necessary to certify the nature and extent of the cost of such Services.
7. CONFIDENTIALITY. Both parties agree to maintain and hold as confidential and
to not disclose the terms of this Agreement or any confidential or proprietary information that
may be provided during the term of this Agreement to any other person (with the exception of
it’s legal counsel, accountant or financial advisors), unless disclosure thereof is required by law
or otherwise authorized by this Agreement or consented to in writing by the other party. With
respect to any patient or medical record information regarding Hospital patients, each party and
Physician shall comply with all federal and state laws and regulations, and all bylaws, rules,
regulations, and policies of Hospital and its medical staff, regarding the confidentiality of such
information, including, without limitation, all applicable provisions and regulations of the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”).
8. ARBITRATION. Any dispute or controversy arising under, out of or in connection
with, or in relation to this Agreement, or any amendment hereof, or the breach hereof shall be
determined and settled by final and binding arbitration in the county in which the Hospital is
located in accordance with the Commercial Rules of Arbitration (“Rules”) of the Judicial
Arbitration and Mediation Services (“JAMS”) before one arbitrator applying the laws of the
State. The parties shall attempt to mutually select the arbitrator. In the event they are unable to
mutually agree, the arbitrator shall be selected by the procedures prescribed by the JAMS Rules.
Any award rendered by the arbitrator shall be final and binding upon each of the parties, and
judgment thereof may be entered in any court having jurisdiction thereof. The costs shall be
borne equally by both parties.
9. INDEMNIFICATION. Both parties mutually agree to indemnify and hold each other
harmless from and against all liability, losses, damages, claims, causes of action, cost or
expenses (including reasonable attorneys’ fees), which directly or indirectly arise from the
performance of the Services hereunder by the indemnifying party, its agents, servants,
representatives and/or employees.
Page | 4
10. ENTIRE AGREEMENT; MODIFICATION; GOVERNING LAW; COUNTERPARTS;
NOTICES; WAIVER; ASSIGNMENT. This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof and supersedes all prior agreements, oral or
written, and all other communications between the parties relating to such subject matter. This
Agreement may not be amended or modified except by mutual written agreement. This
Agreement shall be construed in accordance with the laws of the State, which provision shall
survive the expiration or other termination of this Agreement. This Agreement may be executed
in one or more counterparts, all of which together shall constitute only one Agreement. All
notices hereunder shall be in writing, delivered personally, by certified or registered mail, return
receipt requested, or by overnight courier, and shall be deemed to have been duly given when
delivered personally or when deposited in the United States mail, postage prepaid, or deposited
with the overnight courier, addressed at the place identified on the signature page below. A
waiver by either party of a breach or failure to perform hereunder shall not constitute a waiver of
any subsequent breach or failure. The Town of Prosper Fire Department shall not assign or
transfer, in whole or in part, this Agreement or any of Group’s rights, duties or obligations under
this Agreement without the prior written consent of Hospital, and any assignment or transfer by
Group without such consent shall be null and void. This Agreement is assignable by Hospital
without consent or notice.
11. REFERRALS. The parties acknowledge that nothing contained herein shall be
interpreted to require or obligate the Town of Prosper Fire Department to admit or cause the
admittance of a patient to Hospital, or to utilize other services the Hospital may offer. The
parties acknowledge that none of the benefits granted the parties under this Agreement is
conditioned on any requirement that either party be in a position to make or influence referrals
to, or otherwise generate business for the other party. The parties further acknowledge that
neither party is restricted from referring any service to, or otherwise generating any business for,
any other entity of their choosing.
12. NON-DISCRIMINATION. Both parties agree to treat in a nondiscriminatory
manner any and all patients receiving medical benefits or assistance under any federal health care
program.
13. COMPLIANCE OBLIGATIONS. The Town of Prosper Fire Department represents
that it/he/she read, understands, and shall abide by Tenet’s Standards of Conduct. The parties to
this Agreement shall comply with Tenet’s Compliance Program and Tenet’s policies and
procedures related to the Deficit Reduction Act of 2005, Anti-Kickback Statute and the Stark
Law. Tenet’s Standards of Conduct, summary of Compliance Program, and policies and
procedures, including a summary of the Federal False Claims Act and applicable state false
claims laws (collectively “False Claims Laws”) with descriptions of penalties and whistleblower
protections pertaining to such laws, are available at:
http://www.tenethealth.com/about/pages/ethicscompliance.aspx. Group shall require any
employees providing services to Hospital to read the Standards of Conduct and information
concerning Tenet’s Compliance Program and abide by same. Further, the parties to this
Agreement certify that they shall not violate the Anti-Kickback Statute and Stark Law, and shall
abide by the Deficit Reduction Act of 2005, as applicable, in providing services. Hardcopies of
any information shall be made available upon request.
Page | 5
14. EXCLUSION LISTS SCREENING. Group shall screen all of its current and
prospective owners, legal entities, officers, directors, employees, contractors, and agents
(“Screened Persons”) against (a) the United States Department of Health and Human
Services/Office of Inspector General List of Excluded Individuals/Entities (available through the
Internet at http://www.oig.hhs.gov), (b) the General Services Administration’s List of Parties
Excluded from Federal Programs (available through the Internet at http://www.epls.gov); and (c)
any applicable state healthcare exclusion list (collectively, the “Exclusion Lists”) to ensure that
none of the Screened Persons are currently excluded, debarred, suspended, or otherwise
ineligible to participate in Federal healthcare programs or in Federal procurement or
nonprocurement programs, or have been convicted of a criminal offense that falls within the
ambit of 42 U.S.C. § 1320a-7(a), but have not yet been excluded, debarred, suspended, or
otherwise declared ineligible (each, an “Ineligible Person”). If, at any time during the term of
this Agreement any Screened Person becomes an Ineligible Person or proposed to be an
Ineligible Person, Hospital shall immediately notify Group of the same. Screened Persons shall
not include any employee, contractor or agent who is not providing services under this
Agreement.
15. SURVIVAL. The provisions of Sections 2d, 5, 7, 8, 9, and 10 shall survive
expiration or termination of this Agreement regardless of the cause of such termination.
[SIGNATURE PAGE TO FOLLOW]
Page | 6
TENET FRISCO, LTD.
d/b/a CENTENNIAL MEDICAL CENTER
By: _______________________________
Name: Joe Thomason
Title: Chief Executive Officer
Date: ______________________________
Address: 12505 Lebanon Road
Frisco, TX 75035
TOWN OF PROSPER FIRE DEPARTMENT:
By: _________________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Address: _____________________________
_____________________________________
Page | 7
EXHIBIT A
SERVICES PROVIDED
Medical Control:
• Critical Incident Stress Debriefing: The EMS coordinator would contact Centennial
Medical Center about the need for Critical Incident Stress Debriefing. CMC then would
arrange for CISD with local agencies and volunteers in coordinating with the EMS
coordinator.
• Exposures: The EMS coordinator will be responsible for notification of Medical Control
in the event of an exposure. The employee will follow the established protocols of the
Fire Department. Centennial Medical Center will provide the exposure care, follow up
and counseling as deemed necessary, under the discretion of the Employee Health Nurse.
• TDH updates: The Medical Control Physician will provide notification to the EMS
agency in the event of changes or updates to any rule, regulation or accreditation enacted
by THD or other regulator body concerning the services they provide.
Quality Improvement:
• Centennial Medical Center will provide quality reviews of mutually agreed upon patient
populations (examples, pediatrics, intubations, priority patients, CPR’s), patients referred
for review by EMS coordinator, and/or 20% of all runs. All CPR cases will be reviewed
and follow up about outcomes provided. Feedback will be given on each case and an
overview will be provided monthly. Centennial Medical Center and Prosper FD will
meet at least quarterly to address any concerns by either party.
Continuing Education:
• Topics will be decided by the Medical Control and the EMS Coordinator based on
department need and current trend. CE’s will be conducted live and by distance learning.
Centennial Medical Center will provide written feedback at the end of each CE to
Medical Control. Improvements will be based on feedback and agreed upon by both
parties.
Advanced Cardiac Life Support (“ACLS”) Training
• Initial Training. The initial ACLS class is held once per quarter at the Hospital and is a
two day classroom course which includes a skills check off test. The FD will be required
to purchase the materials for this training which the Hospital can provide.
• Renewal Training. The renewal class is offered three times a year at the Hospital and is a
one day class which includes a skills check-off test. The ACLS skills check-off test will
be offered for Twenty Dollars ($20).
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Lyle Dresher, Interim Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – December 11, 2012
Date: December 5, 2012
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their December 4, 2012 meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any site plan or preliminary site plan acted on
by the Planning & Zoning Commission.
Attached Documents:
1. Site plan for Westfork Crossing Addition, Block A, Lot 1, on 2.4± acres, located on the
northwest corner of U.S. 380 and Gee Road, approved by a vote of 6-0.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
FISHTRAP ROAD
GEE ROAD423
Page 1 of 2
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Cc: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – December 11, 2012
Date: December 6, 2012
Agenda Item:
Consider and act upon 1) a Facilities Maintenance Agreement between the Town of Prosper
and Whispering Farms Residential Association, Inc., and 2) adopt Resolution No. 12-81
authorizing the Town Manager to execute the same.
Description of Agenda Item:
Town staff has been working with the Whispering Farms Residential Association the last two (2)
years to clarify the following maintenance responsibilities within and surrounding the Whispering
Farms Subdivision:
• Perimeter Improvements – HOA shall maintain all improvements associated with the
perimeter screening, including the stone planting beds, decorative fencing, screening
walls, shrub plantings, tree plantings, turf, and irrigation components along Prosper Trail
and near the lake off of Coit Road.
• Median Improvements – HOA shall maintain all improvements associated with median
located within the right-of-way of Whispering Way.
• Parkland – Town shall maintain all improvements associated with the pipe rail fence, the
gazebo, the concrete trail, turf, and the pruning of the trail side of the Eastern Red
Cedars located within the Town Maintained areas.
• Private Open Spaces – HOA shall maintain all improvements associated with two (2)
private open spaces.
• Irrigation – Town shall be responsible for the irrigation water lines, irrigation controllers,
and components within the Town Maintained areas that provide water to the service
lines and components that service the perimeter improvements, median improvements,
and the private open space closest to Coit Road. HOA shall be responsible for the
irrigation water lines and components within the HOA maintained perimeter
improvements, median improvements, and private open spaces. HOA shall also be
responsible for the irrigation controllers within the private open spaces.
• Water – Town agrees to provide water for irrigation to the HOA at no cost for the
perimeter improvements, median improvements, and private open spaces per a verbal
agreement with the original developer in exchange for the dedication of land to the Town
for the installation of a ground storage tank and pump station at the northeast corner of
the Whispering Farms Subdivision.
PARKS &
RECREATION
Page 2 of 2
The original developer assumed all maintenance responsibilities for five (5) years after the first
certificate of occupancy and assumed that since the Parkland separated the development from
the adjacent right-of-way of Prosper Trail, that the Town was responsible for maintenance of
both the Perimeter Improvements and the Parkland. Since the Perimeter Improvements meet
the intent of perimeter screening as outlined in Section 1.10g of the Whispering Farms Planned
Development Zoning (PD#5), the maintenance responsibility for the Perimeter Improvements
falls to Section 10.13.5 (v) of the Subdivision Ordinance. That section reads:
(v) Maintenance Requirements. The Developer shall provide financial means to
maintain required screening walls, fences, and landscaping. One of the following
maintenance alternatives shall be selected and fulfilled by the Developer, but the
selection is subject to staff approval:
(a) Establishment of a homeowners association to maintain required
screening walls, fences, and landscaping. The Developer shall provide
homeowners association documents to the Town to demonstrate financial
responsibility for future maintenance, repairs, and replacement of the
required improvements. Documents establishing the homeowners
association or Property Owners association shall be submitted to the Town
for review and may be reviewed by the Town Attorney for conformance with
this and other applicable ordinances prior to final acceptance of the
subdivision. The documents shall include, among other information required
by the Town, descriptions of:
1. operating budgets based on operating assumptions;
2. reserve budget based on facilities to be maintained;
3. subsidies budget; and
4. liability insurance.
The proposed Facilities Maintenance Agreement outlines the maintenance responsibilities for
both the Town of Prosper and Whispering Farms Residential Association, Inc., in accordance
with the regulations set forth in the Town’s Subdivision Ordinance for the Perimeter
Improvements. The Median Improvements and Private Open Spaces are also included in the
agreement for clarification as well as the Parkland and Irrigation responsibilities.
Budget Impact:
The Town of Prosper and Whispering Farms Residential Association, Inc., have been
performing the maintenance responsibilities outlined in the agreement since April 1, 2012, so
there is no additional impact to the Parks and Recreation budget associated with the execution
of the agreement.
Legal Obligations and Review:
The attached Facilities Maintenance Agreement was prepared by the Town Attorney.
Attached Documents:
1. Facilities Maintenance Agreement
2. Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the Facilities Maintenance
Agreement between the Town of Prosper and Whispering Farms Residential Association, Inc.,
and 2) adopt Resolution No. 12-81 authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-81
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A FACILITIES
MAINTENANCE AGREEMENT FOR WHISPERING FARMS BETWEEN
THE WHISPERING FARMS RESIDENTIAL ASSOCIATION, INC., AND
THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Facilities Maintenance Agreement for Whispering Farms the Whispering Farms
Residential Association, Inc., and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th day of December, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Cc: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – December 11, 2012
Date: December 5, 2012
Agenda Item:
Consider and act upon 1) the Third Amendment to the Preannexation Agreement between the
Town of Prosper and TVG Texas I, LLC and 2) adopt Resolution No. 12-82 authorizing the Town
Manager to execute the same.
Description of Agenda Item:
The Town of Prosper entered into a Preannexation Agreement for approximately 2,100 acres with
Forest City and Mahard Egg Farm on November 27, 2007, which has since been purchased by
TVG Texas I, LLC. The Town Council approved the First Amendment to the Agreement on
January 31, 2010 and the Second Amendment to the Agreement on February 14, 2012, regarding
the same issues as this Third Amendment; the donation of the first elementary school site, the
dedication of a 50 acre Community Park Site, and the payment of a $100,000 Community Park
Grant.
The Third Amendment extends the school dedication requirement to March 29, 2013 and the
Community Park Dedication and Community Park Grant to June 28, 2013. Staff understands the
representatives of TVG Texas I, LLC have been in dialogue with Prosper ISD and they are in
agreement with granting this extension.
Attached Documents:
1. The Third Amendment to the Preannexation Agreement between the Town of Prosper and
TVG Texas I, LLC.
2. Resolution No. 12-82 authorizing the Town Manager to execute the same
Town Staff Recommendation:
Town staff recommends the Town Council approve 1) the Third Amendment to the Preannexation
Agreement between the Town of Prosper and TVG Texas I, LLC and 2) adopt Resolution No. 12-
82 authorizing the Town Manager to execute the same.
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-82
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE THE THIRD
AMENDMENT TO THE PREANNEXATION AGREEMENT BETWEEN
THE TOWN OF PROSPER AND TVG TEXAS I, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, the Third Amendment to
the Preannexation Agreement between the Town of Prosper and TVG Texas I, LLC.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th day of December, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Third Amendment to Preannexation Agreement – Page 1
After recording return to:
Town Manager
Town of Prosper
121 W. Broadway
Prosper, Texas 75078
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN OF PROSPER §
THIRD AMENDMENT TO
PREANNEXATION AGREEMENT
THIS THIRD AMENDMENT TO PREANNEXATION AGREEMENT (this
"Amendment") is entered into to be effective as of the ________ day of _______________,
20_____ (the "Effective Date") by and among TVG I TEXAS, LLC, a Texas limited liability
company ("Developer"), and the TOWN OF PROSPER, TEXAS, a Texas home rule
municipality ("Town"), pursuant to the terms and conditions set forth herein. The parties to this
Amendment are individually referred to herein as a "Party" and, collectively, as the "Parties".
RECITALS:
A. The Mahard 2003 Partnership, L.P., a Texas limited partnership
("Mahard 2003"), Mahard Egg Farm, Inc., a Texas corporation, FC Prosper Partner, Inc., a
Texas corporation, Forest City Prosper Limited Partnership, a Texas limited partnership ("Forest
City"), and the Town entered into that certain Preannexation Agreement dated November 27,
2007 and recorded as Instrument Number 2009-132724 of the Real Property Records of Denton
County, Texas (as amended, the "Agreement"), covering certain real property as more
particularly described therein (the "Property").
B. Pursuant to that certain First Amendment to Preannexation Agreement dated
January 31, 2010, the deadline to dedicate the first elementary school site to Prosper Independent
School District ("Prosper ISD") was extended to July 31, 2011.
C. Pursuant to that certain Second Amendment to Preannexation Agreement dated
February 14, 2012, the parties (a) extended the deadline to donate the first elementary school
site to Prosper ISD to November 12, 2012; (b) extended the deadline to make the Community
Park Grant to the Town to December 13, 2012; and (c) extended the deadline to dedicate the
Community Park to the Town to the earlier of (i) December 13, 2012, (ii) within 90 calendar
days after receiving a written request by the Town for such dedication, or (iii) at such time as the
adjacent streets are dedicated to the Town.
D. Forest City conveyed approximately 2,030 acres of the Property to Developer,
including a 68.41 acre tract comprising a portion of such property which had been conveyed to
Forest City by Mahard 2003, pursuant to Special Warranty Deed dated May 30, 2012, and
Third Amendment to Preannexation Agreement – Page 2
assigned all rights under the Agreement to Developer by that certain Assignment and
Assumption Agreement for Preannexation Agreement dated May 31, 2012.
E. TVG, the Town and Prosper ISD agree to extend the deadlines to (a) donate the
first elementary school site; (b) dedicate the Community Park; and (c) make the Community
Park Grant to enable the Parties to work together concerning the details for such conveyances.
F. The Parties now desire to enter into this Amendment to amend certain provisions
of the Agreement.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereby agree as follows:
1. Defined Terms. All terms not defined herein shall have the meaning ascribed to
such terms in the Agreement.
2. School Area Donation. The deadline for the donation of the first elementary
school site to Prosper ISD, as set forth in the third sentence of Section 3(e) of the Agreement, is
hereby extended to March 29, 2013.
3. Community Park Dedication. The first sentence of Section 9(b)(iii) of the
Agreement is hereby amended and restated as follows:
The Community Park shall be dedicated to the Town upon the
earlier of (A) June 28, 2013; , (B) within ninety (90) calendar days
of receiving a written request by the Town for such dedication; or
(C) at the time the adjacent streets are dedicated to the Town
provided Developer owns the land identified as the Community
Park; provided, however, the Parties agree that the Community
Park dedication shall be in cooperation with and furtherance of the
Town's overall park grant efforts.
4. Community Park Grant. The Agreement is hereby amended by deleting the
phrase "three (3) years from the Effective Date," from the first sentence of Section 9(b)(iv) and
replacing it with "June 28, 2013,".
5. Unmodified Terms. By their execution hereof, the Parties acknowledge that the
Agreement is in full force and effect (as specifically modified and amended hereby).
6. Authority to Execute. The individuals executing this Amendment on behalf of the
respective Parties below represent to each other that all appropriate and necessary action has
been taken to authorize the individual who is executing this Amendment to do so for and on
behalf of the Party for which his or her signature appears, that there are no other parties or
Third Amendment to Preannexation Agreement – Page 3
entities required to execute this Amendment in order for the same to be an authorized and
binding agreement on the Party for whom the individual is signing this Amendment and that
each individual affixing his or her signature hereto is authorized to do so, and such authorization
is valid and effective as of the Effective Date.
7. Counterparts. This Amendment may be executed in counterparts, each of which
shall constitute an original and all of which taken together shall constitute an original, single
agreement. Signing and sending a counterpart (or a signature page detached from the
counterpart) by facsimile or other electronic means to another party will have the same legal
effect as signing and delivering an original counterpart to the other party. A copy (including a
copy produced by facsimile or other electronic means) of any signature page that has been signed
by or on behalf of a party to this Amendment will be as effective as the original signature page
for the purpose of proving such party's agreement to be bound.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the
Effective Date.
DEVELOPER
TVG Texas I, LLC,
a Texas limited liability company
By: BP-Terra Verde Investors, LLC,
a Delaware limited liability company,
its Managing Manager
By: Terra Verde BP Manager, LLC
a Delaware limited liability company,
its Managing Member
By: _____________________________
Name: D. Craig Martin
Title: Manager
TOWN OF PROSPER, TEXAS
By: __________________________________
Name: ________________________________
Title: _________________________________
Third Amendment to Preannexation Agreement – Page 4
As a third party beneficiary of Paragraph 3(e) of the
Agreement for the purposes stated in Paragraph 2 of this
Amendment:
PROSPER INDEPENDENT SCHOOL DISTRICT
By: __________________________________
Name: ________________________________
Title: _________________________________
Third Amendment to Preannexation Agreement – Page 5
ACKNOWLEDGEMENTS:
STATE OF TEXAS §
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, on this day personally appeared D.
Craig Martin, Manager of Terra Verde BP Manager, LLC, a Delaware limited liability company,
Managing Member of BP-Terra Verde Investors, LLC, a Delaware limited liability company,
Managing Member of TVG Texas I LLC, a Texas limited liability company, known to me to be
the person whose name is subscribed to the foregoing instrument; who acknowledged to me that
he executed said instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _________ day of
____________________, 20___.
_____________________________________
Notary Public in and for the State of Texas
My Commission Expires: __________________
STATE OF TEXAS §
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, on this day personally appeared
_____________________________________ known to me to be the person whose name is
subscribed to the foregoing instrument; who acknowledged to me that he/she is the duly
authorized representative for the TOWN OF PROSPER, TEXAS and that he/she executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _________ day of
____________________, 20___.
_____________________________________
Notary Public in and for the State of Texas
My Commission Expires: __________________
Third Amendment to Preannexation Agreement – Page 6
STATE OF TEXAS §
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, on this day personally appeared
_____________________________________ known to me to be the person whose name is
subscribed to the foregoing instrument; who acknowledged to me that he/she is the duly
authorized representative for the PROSPER INDEPENDENT SCHOOL DISTRICT and that
he/she executed said instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _________ day of
____________________, 20___.
_____________________________________
Notary Public in and for the State of Texas
My Commission Expires: __________________
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – December 11, 2012
Date: December 6, 2012
Agenda Item:
Consider and act upon 1) the Second Amendment to Temporary Employee Agreement between
the Town of Prosper, Texas and Michael S. Bulla for Project Management of Bond Funded
Projects and 2) adopt Resolution No. 12-84 authorizing the Town Manager to execute the same.
Description of Agenda Item:
In order to facilitate the design and construction of the Town’s Bond Projects, there are many
things that need to be done before the project is complete that requires countless hours of
negotiation, management and coordination. These duties include but are not limited to the
following:
• Contract Negotiations
• Design Review with Emphasis on Value Engineering
• Coordination of Applicable Permitting
• ROW and Easement Acquisition
• Negotiating Agreements with Affected Property Owners
• Utility Relocation Coordination
• Contract Documentation Coordination and Bidding
• Public Meeting Facilitator
• Periodic Reporting to Public Agencies
• Construction Manager to assist the Town’s Construction Inspector
On January 27, 2009, the Town Council approved a Temporary Employee Agreement for
Project Management of Bond Funded Projects. This agreement provided the Town with funding
for a professional position to aid the Town in planning and coordinating the projects listed below
that are in various stages of the design and construction process:
• Coit Road (First Street to US 380)
• First Street (Preston Road to Coit Road)
• Prosper Trail (DNT to SH 289)
• Preston Road (US 380 to FM 1461)
• 57 acre Community Park
• Assist Celina on FM 1461 (DNT to SH 289)
• Prosper Trail Elevated Tank Land Acquisition
Prosper is a place where everyone matters.
ENGINEERING
Page 2 of 2
• La Cima Force Main Relocation
• Wilson Creek Sanitary Sewer Interceptor
• Good Hope Bridge Replacement
• Legacy Bridge Replacement
On January 23, 2009, Michael Bulla entered into the Temporary Employee Agreement to assist
current Town staff with critical management of the Capital Improvement Plan (CIP) Projects.
While many of these projects are complete some are still in various stages of the design and
construction process. The assistance of this professional is necessary in completing the
remaining projects and aid with the design and construction of the following CIP Projects
underway or planned for the near future:
• Custer Road Pump Station Expansion
• 2nd Water Line from Custer Road Pump Station
• Westside Utilities (Water and Sewer)
• Preston Lakes Remediation and Hike & Bike Trail
• Windmill Playground Restrooms
• Assist in preparation and adoption of a 5 year CIP Plan
• Prepare a 5 year CIP Plan Project Book
• Management of CIP Projects prioritized by the Town Council
The Temporary Employee Agreement approved by the Town Council on January 29, 2009, had
an expiration date of December 31, 2010. The First Amendment to the Temporary Employee
Agreement was approved on January 25, 2011, and extended the funding of this position to
December 31, 2012. The proposed Second Amendment would extend the funding of this
position until December 31, 2013. It is the desire of the Development Services Department to
hire Michael S. Bulla as a full time employee with the adoption of the FY 2013-2014 budget.
The Second Amendment would also increase the current weekly contract rate from $1,750 to
$1,825. This equates to an approximate 4% increase from his last weekly contract rate
approved nearly two (2) years ago on January 25, 2011. His weekly contract rate from 2009 to
2011 was $1,675.
Budget Impact:
The current weekly contract rate is $1,750 and is funded from the 2008 CO Bond Funds. The
proposed extension would also be funded from the 2008 CO Bond Funds and would be
increased from $1,750 per week to $1,825 per week. The new weekly rate, if approved, would
begin on December 24, 2012, to coincide with the start of a new pay period.
Legal Obligations and Review:
The Second Amendment to Temporary Employee Agreement was prepared by the Town Staff
based on the First Amendment that was prepared by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Second Amendment to Temporary Employee Agreement
2. Temporary Employee Agreement
3. Resolution authorizing the Town Manager to execute the Second Amendment
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the Second Amendment to
Temporary Employee Agreement between the Town of Prosper, Texas and Michael S. Bulla for
Project Management of Bond Funded Projects and 2) adopt Resolution No. 12-84 authorizing
the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-84
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE THE SECOND
AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT BETWEEN
THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA FOR
PROJECT MANAGEMENT OF BOND FUNDED PROJECTS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, the
Second Amendment to Temporary Employee Agreement between the Town of Prosper,
Texas and Michael S. Bulla for Project Management of Bond Funded Projects, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th day of December, 2012.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 1
SECOND AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT BETWEEN
THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA
This SECOND AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA (the “Second
Amendment”) is made and entered into the 11th day of December, 2012 by and between the
TOWN OF PROSPER, TEXAS, a municipal corporation (the “Employer”) and MICHAEL S.
BULLA (the “Employee”) on the terms and conditions set forth below.
WITNESSETH:
WHEREAS, Employer and Employee entered into that certain Temporary Employment
Agreement, dated January 23, 2009 (the “Agreement”); and
WHEREAS, Employer and Employee entered into that certain First Amendment to
Temporary Employment Agreement, dated January 25, 2011 (the “Agreement”); and
WHEREAS, Employer and Employee desire to amend Section 2 (Term), Section 3
(Consideration) and Exhibit A (Services) of the Agreement by extending the term and updating
the consideration of this Agreement.
WHEREAS, based on Employee’s accomplishments and performance within the past
three years, Employer finds and determines that it is in the best interest of the Town of Prosper,
Texas and its citizens to amend the Agreement as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
1. Amendment to Section 2 (Term). Section 2 of the Agreement is hereby amended
to read as follows:
“2. Term. The term of this Agreement will commence with the date of
execution of the Agreement by both parties and continue until
December 31, 2013, or until terminated earlier as provided herein.
This Agreement may be renewable for an additional one year term if
agreed to by both parties. This Agreement may be terminated by
either party at any time with or without cause by giving fourteen (14)
days written notice of termination to the other party. Such
termination shall not prejudice any remedy that the terminating party
may have at law or in equity. In the event of the termination of this
Agreement prior to the completion of the term of the Agreement
specified above, the Temporary Employee shall be entitled to the
compensation earned by the Temporary Employee prior to the date
of termination as provided for in this Agreement. The Temporary
Employee shall be entitled to no further compensation after the date
of termination. The parties hereto agree that the relationship between
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 2
the parties is at-will, and that this document does not change the at-
will status of Temporary Employee during his employment, but is
only intended to reflect conditions of employment and
responsibilities of Temporary Employee during the time he is
employed with the Town.”
2. Amendment to Section 3 (Consideration). Section 3 of the Agreement is hereby
amended to read as follows:
“3. Consideration. The Town agrees to pay the Temporary Employee
every two weeks a rate as follows: The Town will pay the
Temporary Employee in U.S. dollars every two weeks a rate of
Three Thousand Six Hundred Fifty and No/100 Dollars
($3,650.00). The Town also agrees to pay the Temporary
Employee mileage associated with the Services provided pursuant
to this Agreement at the rate established by the Internal Revenue
Service, currently $0.555/mile. All payments to the Temporary
Employee are to be paid from the Town’s Certificate of
Obligations Bond Funds. The Temporary Employee agrees to
accept such amounts as full payment for Services provided
pursuant to this Agreement. No further consideration shall be paid
by either party.”
3. Amendment to Exhibit A (Services). Paragraph 2 of Exhibit A of the Agreement
is hereby amended to include the following:
• Custer Road Pump Station Expansion
• 2nd Water Line from Custer Road Pump Station
• Westside Utilities (Water and Sewer)
• Preston Lakes Remediation and Hike & Bike Trail
• Windmill Playground Restrooms
• Assist in preparation and adoption of a 5 year CIP Plan
• Prepare a 5 year CIP Plan Project Book
• Management of CIP Projects prioritized by the Town Council
4. Counterparts. This Second Amendment may be executed in a number of identical
counterparts. If so executed, each of such counterparts is to be deemed an original for all
purposes, and all such counterparts shall, collectively, constitute one Second Amendment.
5. Controlling Agreement. To the extent any provision contained herein conflicts
with the Agreement, the provisions contained herein shall supercede such conflicting provisions
contained in the Agreement.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 3
6. Defined Terms/Ratification of Agreement. Any term not defined herein shall be
deemed to have the meaning ascribed to it under the Agreement. Except as expressly amended
hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby
ratified and confirmed and shall continue in full force and effect.
7. Entire Agreement. This Second Amendment, First Amendment and the
Agreement embody the entire agreement between the parties regarding the subject matter hereof.
There are no oral understandings or agreements between the parties regarding the subject matter
hereof. This Second Amendment may only be amended by written agreement executed by the
parties hereto.
8. Venue. This Second Amendment shall be governed by and construed in
accordance with the laws of the State of Texas and shall be performable in Collin County, Texas.
9. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
10. Effective Date. This Second Amendment shall be effective as of December 24,
2012.
TEMPORARY EMPLOYEE TOWN OF PROSPER
____________________________________ ____________________________________
Michael S. Bulla Lyle Dresher, Interim Town Manager
Date: ___________________ Date: ___________________
Designated Address for Notice: Designated Address for Notice:
7205 Sonoma Valley Drive P. O. Box 307
Frisco, Texas 75035 Prosper, Texas 75078
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 4
THE STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the _______ day of _______________,
2012, by MICHAEL S. BULLA, and he executed said instrument for the purposes and
consideration therein expressed.
____________________________________
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the _______ day of
________________, 2012, by LYLE DRESHER, Interim Town Manager of the Town of
Prosper, and he executed said instrument for the purposes and consideration therein expressed.
Notary Public, State of Texas
Page 1 of 1
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Cc: Lyle Dresher, Interim Town Manager
Re: Town Council Meeting – December 11, 2012
Date: December 6, 2012
Agenda Item:
Consider and act upon rejection of the bids for the Prosper Frontier Park Maintenance
Structure.
Description of Agenda Item:
In 2011, Town staff discussed with the Town Council a proposal from Core Construction to
construct the Prosper Frontier Park Maintenance Structure at a cost of around $250,000. At
that time Core Construction was the Construction Manager at Risk for the Community Park
project were already mobilized on the project. Direction was given to competitively bid the
project in an effort to allow local contractors the opportunity to provide services as well as
attempt to decrease the anticipated costs.
At the December 13, 2011, Town Council Meeting, the Town Council approved a Professional
Services Agreement with Brown Reynolds Watford, Inc. (BRW, Inc) to assist with the bid
specifications for the construction of the Parks Division maintenance structure. On July 27,
2012, three (3) bids were received for the construction of the maintenance structure and
associated site improvements. The attached bid tabulations lists the three (3) proposals
received ranging from $398,880 to $671,019.
At this time the Parks Division of the Development Services Department is leasing a 3,600
square foot facility located east of Frontier Park. Based on the needs of the Parks Division, this
facility should provide adequate space until Frontier Park, Phase II, at which time the
construction of a parks maintenance structure could be included with the overall project.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
1. Bid Tabulation
Town Staff Recommendation:
Town staff recommends that the Town Council reject the bids received on July 29, 2012, for the
Prosper Frontier Park Maintenance Structure.
PARKS &
RECREATION
Prosper Frontier Park Maintenance StructureBid TabulationWednesday, July 27, 2012Add Alternate -Deduct Alternate -Motorized Gate ControllerMetal Building Roof, in lieu of Standing Seam RoofContractorBase ProposalNo. 1No. 2Quality Construction$398,880$3,000-$5,500Cooper$460,307$21,416-$8,100Crossland$671,019None ProvidedNone Provided