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HomeMy WebLinkAbout11-15-21 Joint TC BOT agenda packet TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE SESSION MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100,COUNCIL CHAMBER WESTLAKE,TX 76262 T x r r o w n o F November 15, 2021 4:00 P.M. WESTLAKE Vision Statement An oasis oFnaturalbeauty that maintains our openspaces in balance with distinctiue deve%pment,trails,and qualityoflifeamenities amidstan ever expanding urban landscape. Executive Session 1. CALL TO ORDER 2. EXECUTIVE SESSION The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) — Consultation with Attorney —to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00- 19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. Section 551.071(2) - Consultation with Attorney — to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. 3. TAKE ANYACTION,IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 4. AD)OURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake,TX 76262, November 12, 2021, by 4:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Todd Wood,Town Secretary TC Executive SessionAgenda-11/15/21 Pageiofi TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES JOINT MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100,COUNCIL CHAMBER WESTLAKE,TX 76262 T H r r o w n v r W ESTLAKE NOVEMBER 15,2021 5:00 P.M. MEETING The Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy will conduct this joint meeting at 5:00 p.m. on Monday, November 15, 2021. A recording of this meeting will be made and will be available to the public in accordance with the Open Meetings Act. Vision Statement An oasis ofnatura/beauty that maintains our openspaces in balance with distinctive deve%pment,trai/s,and qualityoflifeamenities amidstan ever expanding urban landscape. Re4ular Session 1. CALLTOORDER 2. PLEDGE OFALLEGIANCE 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter,whether or not it is posted on the agenda. Individual citizen comments are normally limited to three (3) minutes; however,time limits can be adjusted by the presiding ofFicer. The presiding officer may ask the citizen to hold their comment on an agenda item ifthe item is posted as a PublicHearing. TheTown Council and Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council and Board of Trustees will receive the information,ask staff to review the matter,or an item may be noticed on a future agenda for deliberation or action. 4. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 5. CONSENT AGENDA: All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of Resolution 21-41,authorizing the Town Manager to execute an agreement with Consolidated Traffic Control,Inc to update five major intersections with traffic control, signal preemption equipment and authorize theTown Manager to make funding changes not to exceed $25,000 on this project. b. Consider approval of Resolution 21-42, authorizing the Town Manager or designee approving Aetna as the Town's Health insurance carrier and approving MetLife as the Town's dental and vision insurance carrier for the 2022 calendar year. TC/BOT Agenda- 11/15/2021 Page 1 of 4 c. Consider approval of Resolution WA 21-27,approving theextension of paid sick leave in certain circumstances, and other matters incident and related thereto. d. Consider approval of Resolution 21-43, authorizing the Town Manager to execute a project management and land dedication agreement with Hillwood Alliance Services, LLC., to provide for project management services and land dedication related to the construction of Parish Lane from Roanoke Road to SH 170. 6. REPORTS: Reports are prepared for informational purposes and will be accepted as presented. (there will be no presentations associated with the report items)Th2f e WIII b2 n0 Sepol'dte discussion unless a Board of Trustees Member requests that report be removed and considered separately. a. Report regarding the 2021 Westlake Classic Car Show. 7. CONSIDER APPROVAL OF RESOLUTION 21-44, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ECONOMIC DEVELOPMENT AND LANDSCAPE MAINTENANCE AGREEMENT WITH GRANADA RESIDENTIAL COMMUNITY,INC. 8. CONSIDER APPROVAL OF RESOLUTION 21-45, AUTHORIZING THE TOWN MANAGERTO HIRE A DATABASEADMINISTRATOR FORTHE IMMEDIATE DATA MANAGEMENT NEEDS OF THE STUDENT INFORMATION SYSTEM PROJECT AND AMENDINGTHE BUDGETTOALLOCATED FUNDING FORTHE POSITION. 9. PRESENTATION AND DISCUSSION OF THE DRAFT QUESTIONS FOR THE RESIDENTIAL SURVEY INSTRUM ENT,INCLUDING THE INCLUSION OF SPEQAL INTEREST QUESTIONS REGARDING THE COMMUNITY'S INTEREST IN THE ISSUANCE OF DEBT FOR FUTURE FACILITIES ON THE WESTLAKE ACADEMY CAM PUS. 10. EXECUTIVE SESSION: The Town Council will conduct a closed session pursuant to Texas Government Code, annotated,Chapter 551,Subchapter D for the following: a. 551.071(2) Consultation with Attorney— to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. b. Section 551.071(2)—Consultationwith Town Attorneyon a matterin which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19,a Contract with Hillwood Development Corporatbn Concerning the Design Engineering and Construction ofthe West Side Pump Statbn and the Dove Road Waterline. c. Section 551.071(2) - Consultation with Attorney— to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. 11. RECONVENE MEETING. 12. TAKE ANYACTION,IF NEEDED,FROM EXECUTIVE SESSION ITEMS. TC/BOT Agenda— 11/15/2021 Page2of4 13. COUNCIL RECAP/STAFF DIRECTION. 14. FUTURE AGENDA ITEMS: Any Town Council/Board of Trustees Member may request at a workshop and or Town Council/Board of Trustees meeting, under��Future Agenda Item Requests",an agenda item for a future Town Council/Board of Trustees meeting. The Town Council/Board of Trustees Member making the request will contact the Town Manager/Superintendent with the requested item and the Town Manager/Superintendent will list it on the agenda. At the meeting, the requesting Town Council/Board of Trustees Member will explain the item, the need for Town Council/Board of Trustees discussion of the item, the item's relationship to the Town Council/Board of Trustees strategic priorities, and the amount of estimated staff time necessary to prepare for Town Council/Board of Trustees discussion. If the requesting Town Council/Board of Trustees Member receives a second, the Town Manager/Superintendent will place the item on the Town Council/Board of Trustees agenda calendar allowing for adequate time for stafF preparation on the agenda item. a. Approved by Council for Discussion i. Historical Designations for various properties in Westlake (5/24) ii. Quarterly HOA Board Meeting Discussions (8/23) b. Submitted for Review &Archive i. Form a committee to explore finance options regarding building permanent buildings to replace the portables at Westlake Academy: options to build partnerships without Town's biggest stake-holders,so that the expense does not fall entirely on taxpayers. (Councilmember White) ii. Amend the Town Ordinance(s) such that the Executive Director of Westlake Academy is selected by a final approval by the Westlake Academy Board of Trustees. (Councilmember White) iii. Amend the Town Ordinance(s) such that we require the Superintendent of Westlake Academy hold a minimum level of credentials as noted below: a. Hold a Master's degree or higher in Education. b. Be enrolled in or have graduated from a Superintendent Certification Program (Councilmember White) iv. Amend the Town Ordinance(s) to separate the positions of Town Manager and Superintendent. (Councilmember White) v. Discussion regarding governance enrichment as a follow up to our Council retreat on May 24t" with Mike Conduff. (Mayor Wheat) vi. Social media policy as it relates to bullying. (Mayor Wheat) vii. Social media education policy for K-12. (Mayor Wheat) 15. AD)OURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTEDCATEGORIES UNDERSECTIONS 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION TC/BOT Agenda— 11/15/2021 Page3of4 I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, November 12, 2021, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Todd Wood,Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise ti�e Town Secretary's Office 48 hours in advanceat817-490-5711 and reasonableaccommodationswill be made to assist you. TC/BOT Agenda— 11/15/2021 Page4of4 Town Council/ Board of Trustees Item # 2 — Pledge of Allegiance United States Pled_qe 'I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indi�isible, with liberty and justice for a//. „ Texas Pled� "Honor the Texas flag; I pledge allegiance to the, Texas, one state under God, one and indi�isible. " Town Council/ Board of Trustees Item #3 — Citizen Comments CITIZEN COMMENTS: This is an opportunity for citizens to address theTown Council or Board of Trustees on any matter,whether or not it is posted on the agenda. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council or Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council or Board of Trustees will receive the information, ask staff to review the matter,or an item may be noticed on a future agenda for deliberation or action. ITEMSOFCOMMUNITYINTEREST: TownCouncil/Boardof Town Trustees Reports on Items of Community Interest, pursuant to Texas Government Code Section 551.0415,theTown Council/ . Board of Trustees may report on the following items: (1) Co u nci I/ Boa rd expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of of Trustees individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Item # 5 — Items of Community Interest Ca/endar oF Meetings/Events: Town Council Work Session/Meeting Monday, November 15, 2021; 5:00 pm Westlake Town Hall,Solana Terrace-BIdg.7,Suite 7100 Lone Star Legislative Report Friday, November 19, 2021; 11 am-1 pm DFW Marriott Hotel &Golf Club Westlake Academy Closed for the Thanksgiving holiday November 22-26, 2021 Town Hall and Municipal Court Closed for the Thanksgiving holiday November 25-26, 2021 Tree Lighting Tuesday, November 30, 2021; 6 pm-9 pm 1500 Solana Blvd,Westlake Coffee&Conversation Monday, December 6, 2021; 8:00 am Sip Stir Coffee 1301 Solana Blvd,Westlake Board of Trustees Meeting Monday, December 6, 2021; 5:00 pm Westlake Town Hall,Solana Terrace-BIdg.7,Suite 7100 Planning and Zoning Meeting Tuesday, December 7, 2021; 5:00 pm Westlake Town Hall,Solana Terrace-BIdg.7,Suite 7100 Town Council Meeting Monday, December 13, 2021; 5:00 pm Westlake Town Hall,Solana Terrace-BIdg.7,Suite 7100 *Reminder:Agendasforallmunicipal/academicmeetingsarepostedaminimum of72hoursbeforethemeeting begins and can be found on our Town's website under the tab "Government/Aqendas&Minutes." **For meetinA aqendas and details on WA calendar e vents or Municipal ca/endar e vents,please visit the Westlake Academy website or the Town of West/ake website for further assistance, Town Council/ Board of Trustees Item # 5 — Consent Agenda CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of Resolution 21-41, authorizing the Town Manager to execute an agreement with Consolidated Traffic Control, Inc to update five major intersections with traffic control, signal preemption equipment and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. b. Consider approval of Resolution 21-42, authorizing the Town Manager or designee approving Aetna as the Town's Health insurance carrier and approving MetLife as the Town's dental and vision insurance carrier for the 2022 calendar year. c. Consider approval of Resolution WA 21-27, approving the extension of paid sick leave in certain circumstances, and other matters incident and related thereto. d. Consider approval of Resolution 21-43, authorizing the Town Manager to execute a project management and land dedication agreement with Hillwood Alliance Services, LLC., to provide for project management services and land dedication related to the construction of Parish Lane from Roanoke Road to SH 170. T x e i o w H o r WESTLAKE OISfINCiIVE HY III:SIGN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, November 15, 2021 TOPIC: Consider a resolution authorizing the Town Manager to execute an agreement with Consolidated Traffic Control, Inc to update five major intersections with traffic control, signal preemption equipment and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. STAFF: Troy Meyer,Facilities and Public Works Director STRATEGIC ALIGNMENT � i � . � . ., ; � • � � � � Exemplary Service&Governance Transparent/Integrity- People,Facilities,& -Wesetthestandardbydelivering ImproveTechnology, driven Government Technology unparalleled municipaland Facilities& educational services atthe lowest Equipment co st. SUMMARY This project will provide Opticom GPS Systems to assist emergency vehicles (fire & Police) through signalized intersections by providing temporary right-of-way using common traffic controller functions. This project would include 5 intersections in Westlake, • SH 337&Westport Parkway • SH 377& SH170 • SH 114&Davis Blvd • SH ll4&Trophy Lake Drive • SH 114&Westlake Parkway Consolidated Traffic Control, Inc and The Town of Westlalce are members for the H-GAC Cooperative Purchasing Program. All contracts available to members of HGACBuy have been awarded by virtue of a public competitive procurement process compliant with state statutes. COUNCIL ACTION/OPTIONS Council may approve or deny the proposed agreement. STAFF RECOMMENDATION Staff recommends approval of the proposed agreement with Consolidated Traffic Control,Inc. to Page 1 of 2 update five major intersections with traffic control, signal preemption equipment and authorize the Town Manager to make funding changes not to exceed$25,000 on this project. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $91,250.00 Funding Source: Capital Improve fund Contract: Yes Forms: Forms 1295 &2270 Form 2274 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact:Improve emergency response time for fire and police departments ATTACHMENTS Resolution Exhibit"A"—Agreement Page2of2 TOWN OF WESTLAKE RESOLUTION NO. 21-41 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH CONSOLIDATED TRAFFIC CONTROL, INC TO UPDATE FIVE MAJOR INTERSECTIONS WITH TRAFFIC CONTROL, SIGNAL PREEMPTION EQUIPMENT AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED$25,000 ON THIS PROJECT. WHEREAS,the Town Council desires to provide residents and commuters safety and to assist emergency vehicles(fire&Police)through signalized intersection;and, WHEREAS, the agreement will provide the Opticom GPS Systems to assist emergency vehicles (fire & Police) through signalized intersections by providing temporary right-of-way using common traffic controller functions;and, WHEREAS, the agreement with Consolidated Traffic Control, Inc to update five maj or intersections with traffic control, signal preemption equipment; and, WHEREAS, the agreement include the following intersections in Westlake, SH 337 &Westport Parkway, SH 377 & SH170, SH 114 &Davis Blvd., SH 114 &Trophy Lake Drive, SH 114 &Westlake Parkway;and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby approves the Town Manager to execute an agreement with Consolidated Traffic Control, Inc to update five major intersections with traffic control, signal preemption equipment attached as Exhibit"A". SECTION 3: If any portion of this Resolution shall, for any reason,be declared invalid by any court of competent jurisdiction,such invalidity shall not affect the remainingprovisions hereof and the Council hereby determines that it would have adopted this Resolution without th e invalid provision. Resolution 21-41 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15th DAY OF NOVEMBER 2021. Laura Wheat, Mayor ATTEST: Todd Wood, Town Secretaiy Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-42 Page 2 of2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-818306 Consolidated Traffic Controls Arlington,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/29/2021 being filed. Town Of Westlake Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2021-07 Opticom equipment Nature ofinterest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name�s Alonzo Carrasco , and my date of birth is 7-2�-1966 My address�S 1016 Enterprise PI Arlington TX 76001 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in TaCrant County, State of TX ,on the 29 day of �Ct. 20 2� (month) (year) (������-� , Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verifies that the firm it represents: L Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and, 2. Will not discriminate during the term of the contract against a firearm entity or firearm trade association. SIGNED BY: Ci�-��C�/�✓�' PRINT NAME & TITLE: Alonzo Carrasco Vice President FIRM NAME• Consolidated Traffic Controls DATE SIGNED: 10-29-2021 The following definitions apply to this state statute: (1) "Ammunition" means a loaded cartridge case,primer,bullet, or propellant powder with or without a projectile; (2) "Company" means a for-profit organization, association, corporation,partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit; (3) "Discriminate against a firearm entity or �rearm trade association": (A) means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an eXisting business relationship, or decision to terminate an eXisting business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases; (5) "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine; (6) "Firearm entity" means: (A) a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and (B) a sport shooting range as defined by Section 250.001, Local Government Code; (7) "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that: (A) is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (B) has two or more firearm entities as members; and (C) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verifies that the firm it represents: L Does not boycott energy companies; and, 2. Will not boycott energy companies during the term of the contract. PSIGNED BY: ����� PRINT NAME AND TITLE: Alonzo Carrasco Vice President FIRM NAME: Consolidated Traffic Controls DATE SIGNED: 10-29-2021 The following definitions apply to this state statute: (1) "Boycott energy company" means without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A); and (2) "Company" means a for-profit organization, association, corporation,partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. Form TGC 2270 VERIFICATION REOUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identifier: z021-07 Department: By signing below, Company herby verifies the following: 1. Company does not boycott Israel; and ' 2. Company will not boycott Israel during the term of the contract. SIGNED BY: ����-O������ Print Name of Person: Alonzo Carrasco Vice President Signing,Title, and Company Consolidated Traffic Controls Date signed: 10-29-2021 � STATE OF TEXAS § COUNTYOF �.(fLZVI�" § BEFORE ME, the undersigned Notary Public on this day personally appeared / 1��5��ZlJ l�G(,���QSL.�(Name), on behalf of �G�ns c�l ufuf-��J Tr.�/ � ����� �t'�I �- ompany) who being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. SWORN AND SUBSCRIBED TO before me,this�day of � �' G%G'✓ 20�. � ��� NOTAR OF PUBLIC, FORTHESTATEOFTEXAS �� � MELANIEPRATER wm4 My Commission Expires: ���!":P.�e'% gio:� f�,^Notary PuDlic,State ot Texas I j 'y I �(?,�3 ;���.+.7° Comm. Ezpires tt-oa-2oz3 °'�i�,o�����` Notary 10 130429650 Government Code§ 2270.002. Provision Required in Con[ract Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. 7he following definitions apply: (1)"Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2)°Company"means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that existr to make a profit. (3)"Governmental entity"means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services(regardless of the amount) before the City can enter into the contrad. s CONTRACT PRICING WORKSHEET Contract : Date � ; PE-OS-21 Pre ared: 1���5�202� Fur Catalog&Price Sheet Type Purchases NO.: P' This Worksheet is prepared by Contractor and given to End Usen If a PO is issued,both documents MUST be faxed to H-GAC @ 7I3-993-4548. Therefore please type or print legibly. Buying West Lake � A=enc Contractor: :Consolidated Traffic Controls,Inc. b Y� : Contact :Troy Meyer Prepared :Alonzo Carrasco Person: By: Phone: '0 Phone: '800-448-8841 Fax: Fax: €800-448-8850 Email: =Troy Meyer<TMeyer@westlake-tx.org> Email: =acarrasco@ctc-traffic.com Catalog/Price Sheet Traffic Control,Enforcement&Signal Preemption Equipment Name: General Description Traffic Control Equipment of Product: A.Catalog/Price 5heet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Line : Quan = Description : Unit Pr Total Number 650 2 110258 Model 721 Detector $ 562.00 $ 1,724.00 651 2 110247 Model 722 Detector $ 779.00 $ 1,558.00 717 1000 110216A Model 138 Cable 500 Ft Roll(Per Ft.) $ OJS $ 750.00 721 4 201011 3/4"Narrow Hub(IR) $ 15.00 $ 60.00 757 1 CTCINSTALL IR Diamond Intersection 12 hours $260 per hour $ 3,120.00 $ 3,720.00 Ibtal From Other Sheets,If Any: Subtotal A: $ 6,612.00 B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total $ - Hwy 114&Trophy Lake Drive $ - $ - $ - Total From Other 5heets,If Any: Subtotal B: $ Check:The total cost of Unpublished Options(Subtotal B)cannot exceed 25%of: For this transaction the percentage is: 0% C.Other Allowances,Discounts,Trade-Ins,Freight,Make Ready or Miscellaneous Charges Quan Description Uuit Pr Total $ - $ - Subtotal C: $ - Delivery Date:: 30 to 45 Days ARO D.Total Purchase Price(A+B+C): $ 6,612.00 s CONTRACT PRICING WORKSHEET Contract : Date � ; PE-OS-21 Pre ared: 1���5�202� Fur Catalog&Price Sheet Type Purchases NO.: P' This Worksheet is prepared by Contractor and given to End Usen If a PO is issued,both documents MUST be faxed to H-GAC @ 7I3-993-4548. Therefore please type or print legibly. Buying West Lake � A=enc Contractor: :Consolidated Traffic Controls,Inc. b Y� : Contact :Troy Meyer Prepared :Alonzo Carrasco Person: By: Phone: '0 Phone: '800-448-8841 Fax: Fax: €800-448-8850 Email: =Troy Meyer<TMeyer@westlake-tx.org> Email: =acarrasco@ctc-traffic.com Catalog/Price Sheet Traffic Control,Enforcement&Signal Preemption Equipment Name: General Description Traffic Control Equipment of Product: A.Catalog/Price 5heet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Line : Quan = Description : Unit Pr Total Number 650 2 110258 Model 721 Detector $ 562.00 $ 1,724.00 651 2 110247 Model 722 Detector $ 779.00 $ 1,558.00 674 1 110610-MM Model 764 Multimode Phase Selector $ 2,946.00 $ 2,946.00 677 1 110603-MM Model 768 Auxiliary Panel $ 545.00 $ 545.00 679 1 110611 3100 GPS Radio U�it(Mast Mount) $ 2,841.00 $ 2,841.00 716 1 108001 External Mounting Cabinet $ 745.00 $ 745.00 717 500 110216A Model 138 Cable 500 Ft Roll(Per Ft.) $ OJS $ 375.00 721 4 201011 3/4"Narrow Hub(IR) $ 15.00 $ 60.00 723 1 201011(hub) Mast Arm Mount(GPS) $ 88.00 $ 88.00 724 1 100201 Model 380 Card Rack $ 383.00 $ 383.00 757 1 CTCINSTALL IR Diamond Intersection 12 hours $260 per hour $ 3,120.00 $ 3,720.00 758 1 CTCINSTALL GPS Diamond Intersection* 5 hours$260 per hour(requires site visit) $ 1,300.00 $ 1,300.00 Ibtal From Other Sheets,If Any: Subtotal A: $ 15,085.00 B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Dnpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total $ - Hwy 114&Davis Blvd. $ - $ - $ - Total From Other 5heets,If Any: Subtotal B: $ Check:The total cost of Unpublished Options(Subtotal B)cannot exceed 25%of; For this transaction the percentage is: 0% C.Other Allowances,Discounts,Trade-Ins,Freight,Make Ready or Miscellaneous Charges Quan Description Uuit Pr Total $ - $ - Subtotal C: $ - Delivery Date:: 30 to 45 Days ARO D.Total Purchase Price(A+B+C): $ 15,085.00 s CONTRACT PRICING WORKSHEET Contract : Date � ; PE-OS-21 Pre ared: 1���5�202� Fur Catalog&Price Sheet Type Purchases NO.: P' This Worksheet is prepared by Contractor and given to End Usen If a PO is issued,both documents MUST be faxed to H-GAC @ 7I3-993-4548. Therefore please type or print legibly. Buying West Lake � A=enc Contractor: :Consolidated Traffic Controls,Inc. b Y� : Contact :Troy Meyer Prepared :Alonzo Carrasco Person: By: Phone: '0 Phone: '800-448-8841 Fax: Fax: €800-448-8850 Email: =0 Email: =acarrasco@ctc-traffic.com Catalog/Price Sheet Traffic Control,Enforcement&Signal Preemption Equipment Name: General Description Traffic Control Equipment of Product: A.Catalog/Price 5heet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Line : Quan = Description : Unit Pr Total Number 650 2 110258 Model 721 Detector $ 562.00 $ 1,724.00 651 2 110247 Model 722 Detector $ 779.00 $ 1,558.00 674 1 110610-MM Model 764 Multimode Phase Selector $ 2,946.00 $ 2,946.00 677 1 110603-MM Model 768 Auxiliary Panel $ 545.00 $ 545.00 679 1 110611 3100 GPS Radio U�it(Mast Mount) $ 2,841.00 $ 2,841.00 716 1 108001 External Mounting Cabinet $ 745.00 $ 745.00 717 1000 110216A Model 138 Cable 500 Ft Roll(Per Ft.) $ OJS $ 750.00 719 500 110605A GPS Cablc 500 Ft Roll(Per Ft.) $ 1.26 $ 630.00 721 4 201011 3/4"Narrow Ilub(IR) $ 15.00 $ 60.00 723 1 201011(hub) Mast Arm Mount(GPS) $ 88.00 $ 88.00 724 1 100201 Model 380 Card Rack $ 383.00 $ 383.00 757 1 CTCINSTALL IR Diamond Intersection 12 hours $260 per hour $ 3,120.00 $ 3,720.00 758 1 CTCINSTALL GPS Diamond Intersection* 5 hours$260 per hour(requires site visit) $ 1,300.00 $ 1,300.00 Ibtal From Other Sheets,If Any: Subtotal A: $ 16,090.00 B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Uuit Pr Total $ - Hwy 377&Hwy 170 $ - $ - $ - Total From Other 5heets,If Any: Subtotal B: $ Check:The total cost ofUnpublished Options(Subtotal B)cannot exceed 25%of€ For this transaction the percentage is: 0% C.Other Allowances,Discounts,Trade-Ins,Freight,Make Ready or Miscellaneous Charges Quan Description Uuit Pr Total $ - $ - Subtotal C: $ - Delivery Date:; 30 to 45 Days ARO D.Total Purchase Price(A+B+C): $ 16,090.00 s CONTRACT PRICING WORKSHEET Contract : Date � ; PE-OS-21 Pre ared: 1���5�202� Fur Catalog&Price Sheet Type Purchases NO.: P' This Worksheet is prepared by Contractor and given to End Usen If a PO is issued,both documents MUST be faxed to H-GAC @ 7I3-993-4548. Therefore please type or print legibly. Buying westlake � Agency: : Contractor: :Consolidated Traffic Controls,Inc. Contact :Troy Meyer Prepared :Alonzo Carrasco Person: By: Phone: '0 Phone: '800-448-8841 Fax: Fax: €800-448-8850 Email: =Troy Meyer<TMeyer@westlake-tx.org> Email: =acarrasco@ctc-traffic.com Catalog/Price Sheet Traffic Control,Enforcement&Signal Preemption Equipment Name: General Description Traffic Control Equipment of Product: A.Catalog/Price 5heet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Line : Quan = Description : Unit Pr Total Number 650 2 110258 Model 721 Detector $ 562.00 $ 1,724.00 651 2 110247 Model 722 Detector $ 779.00 $ 1,558.00 674 1 110610-MM Model 764 Multimode Phase Selector $ 2,946.00 $ 2,946.00 677 1 110603-MM Model 768 Auxiliary Panel $ 545.00 $ 545.00 679 1 110611 3100 GPS Radio U�it(Mast Mount) $ 2,841.00 $ 2,841.00 716 1 108001 External Mounting Cabinet $ 745.00 $ 745.00 717 500 110216A Model 138 Cable 500 Ft Roll(Per Ft.) $ OJS $ 375.00 719 500 110605A GPS Cablc 500 Ft Roll(Per Ft.) $ 1.26 $ 630.00 721 4 201011 3/4"Narrow Ilub(IR) $ 15.00 $ 60.00 723 1 201011(hub) Mast Arm Mount(GPS) $ 88.00 $ 88.00 724 1 100201 Model 380 Card Rack $ 383.00 $ 383.00 757 1 CTCINSTALL IR Diamond Intersection 12 hours $260 per hour $ 3,120.00 $ 3,720.00 758 1 CTCINSTALL GPS Diamond Intersection* 5 hours$260 per hour(requires site visit) $ 1,300.00 $ 1,300.00 Ibtal From Other Sheets,If Any: Subtotal A: $ 15,715.00 B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Uuit Pr Total $ - Hwy 114&Westlake Parkway $ - $ - $ - Total From Other 5heets,If Any: Subtotal B: $ Check:The total cost ofUnpublished Options(Subtotal B)cannot exceed 25%of€ For this transaction the percentage is: 0% C.Other Allowances,Discounts,Trade-Ins,Freight,Make Ready or Miscellaneous Charges Quan Description Uuit Pr Total $ - $ - Subtotal C: $ - Delivery Date:; 30 to 45 Days ARO D.Total Purchase Price(A+B+C): $ 15,715.00 s CONTRACT PRICING WORKSHEET Contract : Date � ; PE-OS-21 Pre ared: 1���5�202� Fur Catalog&Price Sheet Type Purchases NO.: P' This Worksheet is prepared by Contractor and given to End Usen If a PO is issued,both documents MUST be faxed to H-GAC @ 7I3-993-4548. Therefore please type or print legibly. Buying West Lake � A=enc Contractor: :Consolidated Traffic Controls,Inc. b Y� : Contact :Troy Meyer Prepared :Alonzo Carrasco Person: By: Phone: '0 Phone: '800-448-8841 Fax: Fax: €800-448-8850 Email: =TMeyer@westlake-tx.org Email: =acarrasco@ctc-traffic.com Catalog/Price Sheet Traffic Control,Enforcement&Signal Preemption Equipment Name: General Description Traffic Control Equipment of Product: A.Catalog/Price 5heet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Line : Quan = Description : Unit Pr Total Number 650 3 110258 Model 721 Detector $ 562.00 $ 1,686.00 674 1 110610-MM Model 764 Multimode Phase Selector $ 2,946.00 $ 2,946.00 677 1 110603-MM Model 768 Auxiliary Panel $ 545.00 $ 545.00 679 1 110611 3100 GPS Radio Unit(Mast Mount) $ 2,841.00 $ 2,841.00 716 1 108001 External Mounting Cabinet $ 745.00 $ 745.00 717 1000 110216A Model 138 Cable 500 Ft Roll(Per Ft.) $ OJS $ 750.00 721 3 201011 3/4"Narrow Hub(IR) $ 15.00 $ 45.00 723 1 201011(hub) Mast Arm Mount(GPS) $ 88.00 $ 88.00 724 1 100201 Model 380 Card Rack $ 383.00 $ 383.00 755 1 CTCINSTALL GPS Opticom Intersection 5 ho�rs$260 per hour $ 1,300.00 $ 1,300.00 2378 1 IR Opticom install 3 direction 7 hrs.@$260 $ 1,820.00 $ 1,820.00 Ibtal From Other Sheets,If Any: Subtotal A: $ 13,149.00 B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total . $ - Hwy 377-Westport $ - $ - $ - Total From Other Sheets,If Any: Subtotal B: $ Check:The total cost of Unpublished Options(Subtotal B)cannot exceed 25%of: For this transaction the percentage is: 0% C.Other Allowances,Discounts,Trade-Ins,Freight,Make Ready or Miscellaneous Charges Quan Description Uuit Pr Total $ - $ - Subtotal C: $ - Delivery Date:: 30 to 45 Days ARO D.Total Purchase Price(A+B+C): $ 13,149.00 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE RegularMeeting - Action Item oisriNorivE sv oEsicN Westlake Town Council Meeting Monday, November 15, 2021 Top�c: Consider a Resolution approving Aetna as the Town's Health insurance carrier and approving MetLife as the Town's dental and vision insurance carrier for the 2022 calendar year. STAFF CONTACT: Noah A. Simon, Deputy Town Manager Strategic Alignment � i � . , . . , � . I i - I � Exemplary Service&Governance Attract,Recruit, -We setthe standardbydelivering FiscalResponsibility People,Facilities,& unparalleledmunicipaland Retain&Developthe Technology educationalservices atthe lowest Highest Quality Workforce co st. � Outside the Scope of IdentifiedStrategic Initiatives Time Line - Start Date: January 1,2022 Completion Date: December 31, 2022 Funding Amount: TBD Status - � Funded Source- General Fund EXECUTNE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff reviewed therenewal information from Aetna andthe recommendation from OneDigital,�e Town's broker of record)for our annual health,dental and vision insurance plan renewal,effective January 2022 through December 2022. The Town budgeted a 12%increase in health insurance costs. The renewal with Aetna for medical was initially 15% and staff and OneDigital was able to negotiate the increase down to a 5% increase Additionally, there are no increases in premiums for the dental and vision insurance. Page 1 of 2 The Town's estimated annual total premium to Aetna for medical insurance is $549,965. The estimated annual dental premium is$45,685 and the estimated annual vision premium is $4,264. There are no changes to the life and disability plans in 2022. RECOMMENDATION Staff recommends approval of the resolution authorizingthe Town Managerto enter into a contract with Aetna as the Town's Health insurance carrier and MetLife as the Town's Dental and Vision insurance carrier for 2022. ATTACHMENTS Resolution Page2of2 TOWN OF WESTLAKE RESOLUTION 21-42 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS, AUTHORZING THE TOWN MANAGER OR DESIGNEE TO ENTER INTO A CONTRACT FOR THE TOWN'S HEALTH, VISION, AND DENTAL INSURANCE PRODUCTS AND SERVICES FOR THE 2022 CALENDAR YEAR. WHEREAS,the Town of Westlake desires to maintain a comprehensive health and dental insurance benefits for its employees that is competitive to surrounding cities; and, WHEREAS,the leaders of the Town of Westlake desire to exercise exceptional levels of stewardship with all financial resources; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the people of Westlake. NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are foundto be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That,the Town Council of the Town of Westlake, Texas,hereby approves the Aetna as the Town's health insurance carrier for a twelve (12)month period,beginning January l,2022,with an estimated annualpremiumof$549,965. SECTION 3: That,the Town Council of the Town of Westlake, Texas,hereby approves the renewal of MetLife as the Town's dental and insurance carrier for a twelve (12)month period, beginning January 1,2022,with an estimated annual premium of$45,685. SECTION 4: That,the Town Council of the Town of Westlake, Texas,hereby approves the renewal of MetLife as the Town's vision insurance carrier for a twelve (12) month period, beginning January 1,2022,with an estimated annual premium of$4,264. SECTION 5: If any portion of this Resolution shall, for any reason,be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 6: That this resolution shall become effective from and after its date of passage. Resolution 21-42 Page 1 of 2 PASSED AND APPROVED ON THIS 15TH DAY OF NOVEMBER 2021. ATTEST: Laura L. Wheat,Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry,Town Attorney Resolution 21-42 Page 2 of2 Iliustrative The Town Of Westlake Contact Information Account Manager Cynthia Gonzalez Email: GonzalezCM@aetna.com Telephone Number: 904-351-3353 Assumptions Contract State: TX Lives: 43 Pooling Level: $100,000 SIC Code: 9111 Producer Service Fee: 2.47% Mem/EE Ratio: 1.65 Rx Formulary: Advanced Control Formulary Proposed Rates Effective Date: 1/1/2022 End Date: 12/31/2022 Total Amount Due Includes 2.47% Producer Service Fee** . , � EE 0 $485.00 $522.84 7.80% EE+SP 0 $969.00 $1,044.61 7.80% EE+Children 0 $969.00 $1,044.61 7.80% Family 0 $1,454.00 $1,567.46 7.80% Total 0 $0.00 $0.00 N/A . � . . -. EE 0 $577.00 $628.71 8.96% EE+SP 0 $1,154.00 $1,257.41 8.96% EE+Children 0 $1,154.00 $1,257.41 8.96% Family 0 $1,730.00 $1,885.03 8.96% Total 0 $0.00 $0.00 N/A �. -. EE 30 $704.00 $739.20 5.00% EE+SP 3 $1,408.00 $1,478.40 5.00% EE+Children 4 $1,408.00 $1,478.40 5.00% Family 6 $2,112.00 $2,217.60 5.00% Total 43 $43,648.00 $45,830.40 5.00% �►a�etna��� Iilustrative The Town Of Westlake Total Medical Lives: 43 Current Monthly Total Amount Due: $43,648.00 Proposed Monthly Total Amount Due: $45,830.40 Total%Change: 5.00% Proposed Total Contract Period Amount Due: $549,964.80 Clarifications: **The proposed rates includes our premium and Producer Service Fee as requested. Producer Service Fee will be removed from Total Amount Due if Policyholder and/or Producer do not elect our company to serve as billing and collection agent.Total Amount Due will reflect executed Billing&Collection Agreement. The Medical Pooling Level indicated in the assumptions above represents what was used in your pricing based on company standards for your market and case size. This may be subject to change. �►a�etna I �x��Y��� f �. �� , { � �+}�f"�� estlake Academy Board of Trustees �� } s�.�+����� TYPE OF ACTION Regular Meeting -Consent Westlake Board Meeting Monday, December 06, 2021 ToriC: Consider a Resolution approving the extension ofpaid sick leave in certain circumstances, and other matters incident and related thereto. STAFF CoNTACT: Noah Simon, Deputy Town Manager Strategic Alignment Vision,Value,Mission Perspective Curriculum Outcome Ob'ective People,Facilities,& Attract,Recruit& Personal Responsibility Technology Pl'P�MYP/DP Retain the Highest Quality Workforce Time Line- Start Date: November 15, 2021 Completion Date: August 1, 2022 Funding Amount: N/A Status: Not Funded Source- General Fund Contract: No Forms: N/A EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The President of the United States on March 13, 2020, issued a proclamation declaring a "National Emergency Concerning the Novel Coronavirus Disease ("COVID-19")Outbreak"recognizing the threat of COVID-19 to public health,the Governor of the State of Texas on March 13,2020,certified that COVID- 19 posed an imminent threat of disaster. In accordancewith the authority vested in the Governor by Section 418.014 of the Texas Government Code, the Governor declared a state of disaster for all counties in Texas. The State of Texas continues to grapple with the effects of COVID-19, state and local health authorities and the Texas Education Agency have rolled out numerous requirements and guidelines for the safe operation of schools during the 2021-2022 school year, and the U.S. Congress passed the Families First Coronavirus Response Act("FFCRA")which provided employees dealing with specific COVID-19-related issues with emergency paid sick leave ("EPSL") or expanded family and medical leave ("EFML") for specific qualifying reasons; and, Page 1 of 2 The EPSL parameters were ostensibly designed to ensure that employees dealing with ramifications from potential COVID-19 exposure would not be compelled to return to work,potentially spreading the virus further within the school community, and leave established under the FFCRA expired on December 31, 2020,and other legislation that provided an opportunity to extend certain provisions related to EPSL expired on September 30, 2021. Westlake Academy continues to believe that extending certain leave benefits through the 2021-2022 school year will continue to serve the important public policy aims outlined above, and would serve to protect the Academy against the unnecessary spread of COVID-19 by protecting the health and safety of its students, staff, and the school community provides sufficient justification for providing five days of additional paid lea�e to all eligible employees who meet the criteria identified herein during the 2021-2022 school year. Staff recommends that Westlake Academy will offer employees up to an additional five days of paid lea�e to be used during the 2021-2022 school year if an employee must be absent due to the employee's own COVID-19 illness or to care for a family member who tests positive for COVID-19, including an employee who previously utilized EPSL under the FFCRA. Under this recommendation,the Board of Trustees will continue to provide controls and oversight for the Academy expenditures and the authority granted to the Superintendent herein and may require the Superintendent to update the Board regarding use of leave, and report to the Board the costs related to the authorization of additionallea�e. Should Congress act to reauthorize the FFCRA or authorize a law that provides for federally mandated paid sick leave concerning COVID-19, the Academy will comply with any directives of the law, and this Resolution will be null and void to the extent it would provide for duplicative paid leave benefits. RECOMMENDATION Staff recommends approval of this resolution. ATTACHMENTS Resolution Page2of2 WESTLAKE ACADEMY RESOLUTION 21-27 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES APPROVING THE EXTENSION OF PAID SICK LEAVE IN CERTAIN CIRCUMSTANCES,AND OTHER MATTERS INCIDENT AND RELATED THERETO. WHEREAS, the President of the United States on March 13, 2020, issued a proclamation declaring a "National Emergency Concerning the Novel Coronavirus Disease ("COVID-19")Outbreal�'recognizing the threat of COVID-19 to public health;and, WHEREAS, the Governor of the State of Texas on March 13, 2020, certified that COVID-19 posed an imminent threat of disaster, andin accordance with the authority vested in the Governor by Section 418.014 of the Texas Government Code,the Governor declared a state of disaster for all counties in Texas(the "Disaster Declaration");and, WHEREAS,as the State of Texas continues to grapple with the effects of COVID-19, state and local health autharities and the Texas Education Agency have rolled out numerous requirements and guidelines for the safe operation of schools during the 2021-2022 school year, including steps to control the spread of COVID-19;and, WHEREAS, to address the ongoing potential impact of COVID-19 the U.S. Congress passed the Families First Coronavirus Response Act ("FFCRA") which provided employees dealing with specific COVID-19-related issues with emergency paid sick leave ("EPSL") or expanded family and medical leave("EFML")for specific qualifying reasons;and, WHEREAS, the EPSL parameters were ostensibly designed to ensure that employees dealingwith ramifications frompotential COVID-19 exposure would notbe compelledto return to work,potentially spreading the virus further within the school community;and, WHEREAS, the FFCRA and the leave established therein, expired on December 31, 2020, and other legislation thatprovided an opportunity to extendcertain provisions related to EPSL expired on September 30,2021;and, WHEREAS, the Academy continues to believe that extending certain leave benefits through the 2021-2022 school year will continue to serve the important public policy aims outlined above, and would serve to protect the Academy against the unnecessary spread of COVID-19; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: A public purpose in protecting the health and safety of its students, staff, and the school community provides sufficient justification for providing five days of additional paid leave to all eligible employees who meet the criteria identified herein during the 2021-2022 school year. Resolution WA 21-27 Page 1 of 2 SECTION 2: Westlake Academy will offer employees up to an additional five days o f paid leave to be used during the 2021-2022 school year if an employee must be absent due to the employee's own COVID-19 illness or to care for a family member who tests positive for COVID-19, including an employee who previously utilized EPSL under the FFCRA. SECTION 3: The Board of Trustees will continue to provide controls and oversight for the Academy expenditures and the authority granted to the Superintendent herein and may require the Superintendentto update the Boardregardinguse of leave, andreport to the Board the costs related to the authorization of additional leave. SECTION 4: This resolution does not extend or authorize any EFML provisions or other EPSL provisions of the FFCRA; consequently, any and all such entitlements under the FFCRA expire according to the provisions of the FFCRA or other applicable law. SECTION 5: Should Congress act to reauthorize the FFCRA or authorize a law that provides for federally mandated paid sick leave concerning COVID-19, the Academy will comply with any directives of the law, and this Resolution will be null and void to the extent it would provide for duplicative paid leave benefits. SECTION 6: If any portion of this resolution shall, for anyreason,be declared invalid by any court of competent jurisdiction,such invalidity shall not affectthe remainingprovisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 7: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15t''DAY OF NOVEMBER 2021. Laura Wheat, President ATTEST: Todd Wood,Board Secretary Amanda DeGan, Superintendent APPROVED AS TO FORM: Janet S. Bubert or L. Stanton Lowry, School Attorney Resolution WA 21-27 Page 2 of2 T H E 1 0 W X 0 F WESTLAKE [IISIINCIIYI HY IIISIGN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, November 15, 2021 TOPIC: Consider a resolution autharizing the Town Manager to execute a project management and land dedication agreement with Hillwood Alliance Services, LLC to provide Project Management Services and Land Dedication related to the construction of Parish Lane from Roanoke Rd. to SH 170. STAFF: Troy Meyer, Facilities and Public Works Director STRATEGIC ALIGNMENT i i � . � . ., ; � • � � � � High Quality Planning Design& Planned/Responsible People,Facilities,& Development-We are a desirable ImproveTechnology, Development Technology well planned,high-quality Facilities& communitythat is distinguishedby Equipment exemplary design standards. SUMMARY Due to the unprecedented growth within the Alliance Texas SH 170/114 corridor, significant regional mobility improvements are needed to reduce traffic congestion,maintain quality of life, and advance economic development in Westlake and along the corridor. In order to maintain and enhance these mobility goals,regionalleadership advanced the delivery of SH170 main lanes from I-35 to SH ll4,the addition of"Texas U-Turns" atkey intersections, and ultimately a Parish Lane North connector to replace the existing Roanoke Road/SH 170 crossing and provide direct access to/from the Charles Schwab global headquarters to the northem area of the Town Westlake and to Roanoke. Through a partnership between Westlake, Denton County and Hillwood, Westlake will be the sponsoring agency,as outlined in the Inter Local Agreement with Denton County approved by the Town Council on May 24,2021. The Interloca] Cooperation Agreement with Denton County fund up to $4.SM for the project. The Town will need to enter into the proposed project management and land dedication Agreement with Hillwood for the performance of Westlake's obligations contained within the proposed Inter Local Agreement.The proposedprojectmanagementand land dedication agreement with Hillwood is the final step to getting this project underway. This agreementprovide the Project Manager services to connection the extension ofParish Lane to the north side SH 170 into Roanoke which include the following, Page 1 of 2 • Project Manager's general responsibility hereunder as Town's project manager shall be to manage, arrange, supervise and coordinate the planning, design, construction and completion of the Project, and to take such actions as Town may reasonably request within the scope of Project Manager's responsibilities pursuant to this Agreement. • The Project Manager must follow the public competitive procurement process that compliant with state statutes for local Governments. • See Exhibit"A"for more details and responsibly of the Project Manager. The Town responsibilities are to retain licensed architects,registered professional enginee�s and other professional consultants (collectively, "Design Professionals") as may be necessary or required to modify the Project. If,in Project Manager's reasonable opinion,additional consultants are required for Project Manager to complete the Services. The Town staff will review and approve all pay request for the use of the $4.SM fund proved by Denton County. The scope of the Project is more fully described in Exhibit "A". The project estimated completion is Fall of 2022. COUNCIL ACTION/OPTIONS Council may approve or deny Staff's recommendation project management and land dedication agreement. STAFF RECOMMENDATION Staff recommends approval. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: Funding Source: General Fund Contract: Yes Forms: Forms 1295 &2270 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: The proposed Agreement a lines with the Master Thoroughfare Plan, and is a critical arterial connection to the other regional improvements that are under construction, including SH 170,the Texas U-Turn's at US 377 and Schwab Way. Cost Recovery Analysis: N/A Traffic Impact: Traffic and pedestrian conditions would be improved through improved aesthetic and safety lighting of the recently acceptedroadway. ATTACHMENTS Resolution EXhibit"A"—Agreement Page2of2 EXBIHIT "A" PROJE CT MANAGEMENT AND LAND DEDICATION AGRE E ME NT THIS PROJECT MANAGEMENT AND LAND DEDICATION AGREENIENT("Agreemen�')is madeand entered into effective as of the day of_ _, _,by andbetween HILLWOOD ALL,IANCE SERVICES,LLC, a Texas limited liability company("Project Manager"),and THE TOWN OF WESTLAi�, TEXAS("Town"). 1. The Services. Project Manager agrees to provide the services described in Exhibit"A"hereto (hereinafter referred to as the"Services")in connection with the extension of Parish Lane(the "Project"). The scope of the Project is more fully described in Exhibit"B"hereto. Except as expressly set forth in this Agreement,Proj ect Manager shall not be obligatedto(i)a dvance any of its own funds orto incurany liability to third parties in connection with obligations of Town whh respecttotheProjector(ii)reimburseTownforanycostsorliabilitiesofTown. Exceptasprovided in this Agreement,a llcosts,fees,and expenses incurred in connection with the performance ofthe Proj ect shallbe the sole responsibility of Town. 2. Land Dedication. Project Managerwill cause its affiliateto dedicateto the Townthe land owned by such affiliate,said dedicationto bepursuant to a dedication deed in the form of Exlnbit"C"hereto.The landto be dedicated(the"ROW Land")is described onExl�ibit"D"hereta The dedication oftheROW Landwilltake place on orbefore commencement of construction on the Project;provided,however,that Town must give Proj ect Manager at least 30 days'written noticepriorto commencement ofconstruction.Priorto the ROW Land dedication tothe Town, any and all property taxes must be paid in full by the ROW Land owner 30 days prior to commencement of constructionincluding, butnotlimitedtorollbacktaxes. 3. Time of Commencement and Completion. The Services will be commenced and completed'm conjuncrion with the schedules of design and construction forthe Project as developedby the consultants and contractors retained by the Town as further set forth below in Section 6(the"Proj ect Period"). Such schedules will be subjectto the approvaloftheTown andProjectManager. 4. Project Manager's Compensation. In consideration of Project Manager's performance of the Services, the Town shall pay Project Manager a fee of$10.00 ("Project Manager's Compensation'�. Project Manager's Compensarion shall be payable to Project Manager within three days after the effective date of this Agreement. 5. ProjectManager. ProjectManagershallperfomltheServicesunderthisAgreementinacco�lance with generally accepted standards of care,skill,diligence and competence applicable to proj ect managers provid�g similar services in connectionwith proj ects of the size and with the amenities oftheProj ect. 6. Town. The Town,at the Town's expense(except a s expressly set forth in this Agreement),will retain such licensed architects,registered professional engineers and other professional consultants(collectively, "Design Professionals")a s maybe necessary orrequired to modify the Proj ec� If,in Proj ect Manager's reasonable opinion,additionalconsultants are required forProject Managerto complete the Services and the Town consents to such additionalconsultants in writing such consultants will be retained by the Town at the Town's expense(except as expressly set forth in this Agreement). In addition,the Town,atthe Town's expense(except a sexpressly set forth in this Agreement),will retain such general contractars as necessary or required to complete the construction wo� associated with theProject. All such architects,engineers,consultants,contractors willbe subjectto thereasonable approvalofProjectManagerwhichshallnotbeunreasonablywithheld. TheTownwillcauseallarchitects,enginee�, consultants and contractors that are retainedby the Town to provide insurance and indemnification acceptable to Project Manager and to insure and indemnify Project Manager and its affiliates under any insurance and indemnificationrequirements in theirrespective agreements with the Town,to the same extent as suchterms provide insurance andindemnificationto the Townorany otherparty. 1 7. Subcontracts. ProjectManagershallnotemployanysubcontractorunlesspreviouslyapprovedby the Town. The subcontracting of any of the Services shall not relieve Project Manager of any of its liabilities or responsibilitiesunderthisAgreemen� ProjectManagershallmakepromptpaymenttoitssubcontractorsforServices performedand/armaterials supplied. 8. Responsibilitv for Project Cost. Evaluarions of budgets and estimates of project cost,if any, represent theProject Manager's judgment as a constructionprofessionalfamiliarwith the construcrion industry. It is recognized,however,that neither the Project Manager nor the Town has control over the cost of labor,materials or equipment,overthe methods of detemliningbid prices by the Town's contractors,or over competitive bidding maiicet or negotiating conditions.Accordingly,the Project Manager cannot and does notwarrant or represent that bids or negotiated prices will not vary from the Town's Proj ect budget or from any estimate of project cost or evaluations prepared or agreedto by the Project Manager,the Town,orthe Town's consultants or contractors. No f'v�ed limit of project cost shallbe established as a condition of this Agreement.Town and Denton County,Texas(the"County") have entered into that certain Interlocal Cooperation Agreement between Denton County,Texas,and the Town of We stla ke,Texas 2021(the"I CA").Pursuant to the I CA,the C ounty has agreed to fund up to $4,500,000(the"Counry Cap'�for Project costs. Town agrees to look solely to the County far reimbursement for Project costs up to the Counry Cap.In the event the total Project costs exceed the Counry Cap, Proj ect Manager agrees to reimburse the Town forProject costs in excess ofthe County Cap,provided that such costs are solely related to the Proj ect and incurred in accordance with this Agreement.Throughout the Project,the Town will provide Project Managerwith copies ofallinvoices submittedto theCountypursuantto the ICA alongwith any other information reasonably requestedby Proj ectManager to verify Projectcosts incurredby the Town.In addition, if the County Cap is exceeded,the Town willcontinue on a monthlybasis to provideto Proj ectManager invoices and any other information reasonably requested by Project Manager to verify Project costs for which the Town seeks reimbursement from Project Manager. Project Manager shall reimburse the Town from time to time no more frequentlythanmonthly within30 days afterreceipt ofsuchinvoices andinformation.Forthe avoidanceof doubt,(i) Proj ect Manager shallhave no obligation forProj ect costs incurred by the Town up to the County Cap,regardless of whether the ICA is terminated prior to the County reimbursing the Town up to said County Cap,and(ii)Project Manager shall have no obligation for Proj ect costs incurredby the Town in excess of the County Cap to the extent such excess costs are the result ofchanges in the Projectfrom that set forthon Exhibit"B". 9. Waiver of Fees.The Town agrees to waive,andherebywaives,all of the Town's review, p ermitting and insp ection fees for the Proj ect(other than requiredwater impact fees for irrigation meters,). 10. Insurance. Project Manager shall require that its contractors(if any)and subcontractors(if any) procure and maintain,insurance coverages underforms of policies satisfactoryto the Townwith the policy limits set forth below: Insurance ProjectManagerLimits Contractor/SubcontractorLimits Worker's Compensation Statutory Statutory Employer's Liabiliry Insurance: BodilyInjurybyAccident(accident) $1,000,000 $1,000,000 BodilyInjurybyDisease(policylimit) $1,000,000 $1,000,000 Bodily Injury by Disease (each employee) $1,000,000 $1,000,000 2 Insurance ProjectManagerLimits Contractor/SubcontractorLimits Commercial General Liability("CGL") $1,000,000 each occurrence $1,000,000 each occurrence $2,000,000 annual general aggregate $2,000,000 annual general aggregate $2,000,000 products-completed $2,000,000 products-completed operations aggregate operations aggregate AutomobileLiabiliry $1,000,000 each accident $1,000,000 each accident Excess Liability $2,000,000 each occurrence $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 aggregate 10.1. GENER.aL TExMs Fox ALL INsuitaNCE PoLiciEs.All insurance coverages(includ'mg those ofconttactors/subcontractors)mustbe placedwith carriers licensed to do business in Texas,andhaving anA.M. Best's Guide rating of A-VII orbetter. lOZ. Ann�T�oNA�.INsu�n STA'rus.The Town shallbe included as additional insured on each CGL p o licy pro cured by Pro j ect Manager. 10.3. WaivEROF SuBROGnTioN. Each policy of insurance, except workets compensation,must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover againstthe Town. 10.4. EvIDE1vcE/PxooF oF I1vsuRalvcE. Evidence of the insurance coverage required to be maintained by Project Manager,represented by certificates of insurance issued by the insurance carriers,must be fumishedto the Town befare commencement of the Services. 10.5. DEvuC'risLEs, RETENTioNs & ExCLUSioNs. Insurance deductibles for Project Manager's insurance coverage shallbe paid by ProjectManagerwithoutreimbursementby theTown. 11. Termination. 11.1 If Project Manager does not comply with the material terms of this Agreement,then the Town m ay,withoutprejudice to any other right or remedy and after giving Proj ect Manager fourteen(14)days written notice and opportunityto cure,terminatethe Services ofProjectManager. 11.2 Eitherparty may terminate this Agreementat anytime forconvenience,forany reasonor no reason,upon ten days'prior written notice to the other party;provided,however,in the event of termination by Project Manager,ProjectManager's obligationto causeits affiliate to dedicate theROW Land shall survive such term ination. 12. Notices.Forpurposes ofthis Agreement,notices and allothercommunications provided forherein shallbe in writing,addressedas setfortk�belowto the party towhom the notice orrequestis given,andshallbe either (a)delivered personally,(b)sent by United States certifiedmail,postage prepaid,return receiptrequested,(c)placed in the custo dy o f FedEx or other nationally recognized overnight carrier for next day delivery,or(d)sent via facsim�7e (fax)transmission to the facsimile number first set forthbelow: Notices to Proj ect Manager: 3 Hillwood Alliance Services,LLC 9800 HillwoodParkway,Suite 300 Fort Worth,TX 76177 Attn: Em ail: With a copy to: Hillwood Alliance Services,LLC 9800 HillwoodParkway,Suite 300 Fort Worth,TX 76177 Attn: Email: Notices to the Town: Town of Westlake 1500 Solana Boulevard Building 7,Suite 7200 Westlake,TX 76262 Eamil: With a copy to: Stan Lowry L. StantonLowry�Partner Boyle&Lowry,L.L.P. 4201 Wingren Drive,Suite 108 Irving Texas 75062 Notice shallbe deemedgiven when received if deliveredpersonally or sent via facsimile transmission with confirmation by the delivering p ariy of the notifiedparties'receipt of the facsimile transmission;forty-eight(4 8)houts after deposit in the United States mail,if sent by certified mail; and twenry-four(24)hours after deposit wrth an overnightcarrier,ifsentbyFedExorothernationallyrecognizedovernightcarrierfornextdaydelivery. Eitherparty may designate,by sim ilarwritten notice to the otherparry,any other a ddress or facsimile number for such purposes. 13. Severabilitv.Ifanyprovision of this Agreementis held to be illegal,invalid orunenforceable under present orfuture laws,suchprovision shallbe fully severable andthis Agreement shallbe construedand enfo�edas if such illegal,invalid orunenforceable provisionis not apart hereof,andtheremainingprovisions hereof shallrema� in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein,there shall be added automarically as a part of this Agreement a provision as similarin its terms to such illegal,invalid orunenfot�eable provision as may bepossible andbe legal,valid andenforceable. 14. Independent Contractor. It is understood that the relationship of Proj ect Manager to the Town shall be that of an independent contractor. Nothing contained herein or inferable herefrom shall be deemed or construed(a)to make Proj ect Managerthe agent,servant,or employee of the Town,or(b)to create any partnership, j o int venture,or other a sso ciation b etween the Town andProj ect M anager. 15. LimitationofProjectManager'sResponsibilitv. NotwithstandinganythinginthisAgreementto the conttary,Proj ect M anager shall not b e resp onsible for providing professional services that fall within the scope of services customarily performed by professionals such as architects,engineers,lawyers and/or accountants. Otherthan as expressly provided in this Agreement,Proj ectManager shallnot be required to enter into agreements,obligations or otherundertakings in its own name to fu1fi11Proj ect Manager's obligations under this Agreement(other than wwithh respecttoobtaininginsurancerequiredhereunder). TheTownherebyacknowledgesandagrees: 15.1 Project Manager's duties andresponsibilities hereunder with respect to the development and constructionofthe Project consist only in managing,arranging,supervising andcoordinatingtheplanning,desi�, construction andcompletion of the Proj ect and the performance of the other developmentfunctions and duties under 4 this Agreement which relateto the Projectin accordancewith the terms of this Agreement 15.2 Project Manager is not itself preparing any architectural or engineering plans,designs, specifications orperforming any construction required for the development or completion of theProj ect,and Project Manager is not responsible forthemeans andmethods of construction,design orconstruction ofthe Project 15.3 Project Manager is not a guarantor or insurer of any work to be performedby any other party in connectionwiththeplanning,design,construction and completionoftheProject;andProjectManageris not responsible for,and will not be liable for, any work,act,omission,negligence, gross negligence or intentional misconduct of any other p arty employed by the Town orperforming work for the Town in connection with the Project. Project Manager's participation in the preparation of any budgets or schedule for the Project ("Project Schedule"),and revisions and supplements thereto,and in the preparation of any cost or time projections which may be desired in connection with any budgets or Project Schedule,shall not in any way be constnzed as guaranteeingthe figures orresults shown in any suchbudgets orprojections orthe timeperiods forcompletionof the Project(orportions thereo�in accordancewith the terms ofany such ProjectSchedule ortime projections. 16. Other Conditions and Provisions. 16.1. Goveming Law. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF TEXAS. 16.2. Assignment.Neither party may assign this Agreement without the prior consent of the other,provided that such consent will not b e unreasonably withheld. 16.3. EntireAgreement.ThisAgreementcontainstheentireagreementbetweenthepartieswhh respect to the Services and the dedication of the ROW L.and. All prior negotiations between the parties are metged into this Agreement,andthere are nounderstandings oragreements regardingthe Services ordedicationofthe ROW Land otherthanthose incorporatedorreferredto herein. 16.4. Modification.This Agreement may not be modified except by an instrument in writing signed by the parties hereto. 16.5. Attorneys'Fees.If any action at law or in equity is necessary to enfarce or interpret the terms of this Agreement,the prevailingparty shallbe entitled to reasonable attomeys'fees,costs,andnecessary disbursements in addition to any relief to which it maybe entitled. 16.6. Multiple Counterparts.This Agreement may be executedin multiple counterparts,each of which shall,for allpurpo ses,be deemed an original,but which together shall constitute one and the same instnunent. 17. Conflicts. In the eventof a conflict between the terms of this Agreementand the provisions of any exhibit attached hereto,the terms ofthis Agreement will prevail. [signatures on followingpage(s)] 5 Executed by the parties to be effective as of the date first written above. TOWN: TOWN OF WESTLAKE,TEXAS By: Name: Title: PROJECT MANAGER: HILLWOOD ALLIANCE SERVICES,LLC, a Texas limitedliability company By: Name: Title: 6 EXHIBIT"A" Description ofthe Services 1. General Responsibility. Project Manager's general responsibility hereunder as Town's project manager shallbe to manage,arrange,supervise and coordinate the planning,design,constructionand completionof the Project, and to take such actions as Town may reasonably request within the scope of Project Manage�s responsibilities pursuant to this Agreement. 2. DevelopmentFunctions. In discharging its generalresponsibility hereunderwith respect to the Project,Project Manager shallperform and dischargethe specific responsibilities set forth in this Section2,subjectto the terms of this Agreement. 2.1 Pre-Development Phase. During the pre-development phase of the Project, Project Manager'sresponsibilitieswill includethefollowing: a. Preparing the budgets. Any budgets shall be broken down into such major categories as Town may reasonably request in connection with the planning, design, construction anddevelopment ofthe Proj ect; b. Recommending to Town any Design Professionals,coordinating the process for the selection by Town of such Design Professionals reviewing and analyzing proposals from such Design Professionals,and,following approval thereofby Town,reviewing and evaluating proposed contracts between Town and such Design Professionals(it being understood that all contracts shallbe signed by Town and,therefare,subject to Town's prior approval); c. Assisting Town in establishingthe design criteria of theProj ect; d. Initiating and monitoring the preparation of preliminary drawing and specifications in accordance with the approveddesign criteria;and e. Defining the concept forthe proposedproject includinguses, sizes, physical arrangements,utility requirements,etc. 2.2 Design Development Phase. During the design development phase of the Project,which shallcontinue aftercommencement oftheconstructionphase as to thoseelements oftheProject forwhich finalplans and specifications,finalbudgetitems and final changes to the construction contract entered into by Town and rts genera l contractor providing for the construction of the Project("Construction C ontract")have not then been approved by Town,Project Manager shall coordinate with Town and Design Professionals to obtain final drawin�s and specifications(including mock-ups and color samples)acceptable to Town and to prepare any proposed changes to the budget forTown's approvalat the time the Construcrion Contract is ready for execution,and Project Manager's responsibilities will include the following: a. Confirmingconstructioncostsandothercoststoimplementtheproject; b. Preparing a recommendation to proceed or not proceed with the construction pha se ofthe Project; c. Reviewing,commenting on and coordinating changes in preliminary design and working drawings,specifications and site plans that are requestedby Town; 7 d. Working with Town and Design Professionals to enhance compatibility of architectural drawings with other elem ents of theProj ect; e. Obtaining cost estimates from the Design Professionals and/or contracto�and preparingrevisions to the budget forthe constructionphase in light of design development; f. Review of cost estimates and/or bids from Design Professionals and/or contractors andprovide recommendarions to Town regarding selection of contracto�and design professionals; g. Preparinga development schedule andtimetable forcompletion ofthe Project; h. Coordinating the further development of and finalization and approval by Town of theplans and specifications; i. Reviewingandevaluatingagreements with contractors forwork on the Projectto the extent required by Town(it being understood that all agreements shallbe signed by Town and,therefore,subj ectto Town's prior approval); j. Administering and overseeing the selection by any contractor of major subcontractors and others as appropriate for construction of any improvements to be constructed in connection with theProj ect;and k. Managing, arranging, supervising and coordinating (including the use of commercially reasonable efforts to assist in connection with) contractor's and Design Professionals', as applicable, obtaining all development and other permits and governmental approvals necessary to commence construction of the Pro j ect. 23 Construction Phase. Once construction of the Project commences,Project Manage�s responsibilities with respect to the Proj ectwill include the following: a. Making visits to the job site as and when necessary,but not less than weekly,to performits obligationspursuantto,andin accordance with,theterms ofthis Agreementto review the work and progress of construction with any contractor and with the Design Professionals; b. ConsultingwithTownregardingproposedchangesandmodificationstotheplans and specifications,obtaining Town's written approval as a condition ofimplementation of any changes andmodifications,andcoordinatingthe issuance ofchange orders if andwhen changes as described above are approved in writing by Town,any contractor and other necessary parties; c. RespondingpromptlytoanyquestionsfromTownregardingtheworkorprogress of construction,scheduling andthe like;and d. Coordinating efforts by all appropriate parties to complete the Project in accordance with the plans and specifications,as the same may be amended from time to time with the approval of all necessary parties,such efforts to include assisting in the scheduling of inspections; 2.4 AllPhases. DuringallphasesoftheProject,ProjectManager'sresponsibilitieswillinclude the following: a. Providing Town with Monthly Reports so as to keep Town apprised of the progress of development; 8 b. Preparing and submittingto Town amendments,supplements and refinements to the budget for Town's approval a s construction of the Proj ect moves tt�rough its various pha ses to completion; c. Notifying Town of any actual or anticipated change in the Project Schedule of which Project Managerbecomes aware; d. Notifying Town of any actual or anticipated increase in a budget category within the budget of wh ich Pro j ect M anager b ecomes aware; e. Conferring with and making recommendations to Town(based on infoitnation received from any contractor andDesign Professionals)with respectto(1)all dealings wrth all governmental authorities who have jurisdiction over the development ofthe Project and the construction of all improvements,and(2)the contestby Town of any law,regulation or rule which Town deems to a dversely a ffect the Proj ect; f. Coordinating and managing the performance of any contractor and Desigi Professionals under their respective contracts with Town and giving or making Town's instructions,requirements and approvals provided for in such contracts after obtaining Town's written approvalwith respect thereto; g. Using commercially reasonable and diligent efforts,without the obligation to institute legal proceedings (whether litigation, mediation, arbittation or otherwise� to reso lve a nd settle any conflict among any contractor a nd De sign Pro fessionals and keeping Town fully informedwith respect to such conflicts and settlement discussions; h. Assisting Town with respect to Town's negotiations with all applicable utilrty companies,whether governmental or otherwise,for the installation of all applicable utiley services to the Proj ect on a timely basis,with Town bearing the cost ofallrequired util�y deposits andcosts of installation; i. Reviewing applications for payment submitted by any contractor and other Design Professionals andpreparingdocumentation(based oninformationreceived from any contractor andDesign Professionals)for allrequests forpayments from Town,in fomi and content sufficientto permit Townto determinethe appropriateness of such payments; j. Subjectto the terms of this Agreement,using reasonable efforts to comply or cause compliance by the appropriate party with Town's obligations relating to the construction of the Project undertaken by Town in any written agreement that Project Ma nager or a ny contractor has received copies of or is otherwise a ware of(including loan agreements, mort�ges and leases) and notifying Town promptly if Project Manager becomes aware ofany noncompliance; k. Sendingto Town the Monthly Report andcopies of allmaterialnotices received by Project Manager from any contractor, Design Professionals and/or govemmental authorities; 1. Facilitatingmeetingsbetweenthedesignandconstructionteamsandpreparing m eeting m inutes; m. Causingcompleteandaccurate(basedontheinformationthenavailabletoProject Manager)files,books of account and otherrecords of the Project Costs andthe Project incurred by Town to be prepared and maintained in accordance with generally accepted accountingprinciples; 9 n. Cooperating in all reasonable respects with Town and its agents and representatives in connectionwith constructionof the Project;and o. Performinggenerallysuchotheractsandthingsasmaybereasonablyrequiredin accordance with this Agreement for the supervision and coordination of the plannmg design, development and construcrion of the Project and advising and consulting with Town with respect thereto. 10 EXHIBIT"B" Description of the Pro ject and Plan Sheets 11 TOWN OF WESTLAKE RESOLUTION NO.21-43 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROJECT MANAGEMENT AND LAND DEDICATION AGREEMENT WITH HILLWOOD ALLIANCE SERVICES, LLC TO PROVIDE FOR PROJECT MANAGEMENT SERVICES AND LAND DEDICATION RELATED TO THE CONSTRUCITON OF PARISH LANE FROM ROANOKE ROAD TO SH 170. WHEREAS, the Town Council desires to provide residents and commuters safe and aesthetically pleasing streets and infrastructure;and, WHEREAS, the agreement will provide the Project Management services for the construction of Parish Lane from Roanoke Road to SH 170;and, WHEREAS, the Project Manager's general responsibility hereunder as Town's Pro j e ct Manager shallbe to manage, arrange, supervise andcoordinate the planning, design, construction and completion of the Parish Lane construction project; and, WHEREAS,the Town Council finds thatthe projectmanagement,land dedication and improvements of Parish Lane is a benefit to the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby approves the Town Manager to execute the Project Management and Land Dedication Agreement with Hillwood Alliance Services, LLC to provide for Project Management Services and Land Dedication related to the construction of Parish Lane from Roanoke Road to SH 170, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall,for any reason,be declared invalid by any court of competent jurisdiction,such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without th e invalid provision. Resolution 21-43 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15th DAY OF NOVEMBER 2021. ---- ------- Laura Wheat, Mayor ATTEST: Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-43 Page 2 of2 Form TGC 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identifier: Department: By signing below, Company herby verifies the following: 1. Company does not boycott Israel; and 2. Company wi ot boycott Israel during the term of the contract. SIGNED BY: � . Print Name of Person: V �( Signing,Title,and � • Company Date signed: ��y���,���� ��� STATE OF TEXAS � § COUNTY OF § . B ORE ME, the undersigned Notary Public on this day personally appeared .�(Name), on behaff of ��� (Company) who being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. SWORN AND SUBSCRIBED TO before me,this�day of / , 20,�. � . NOTAR OF B C, FOR THE STATE OF TEXAS ;�� My Commission Expires: Huiary sech Simvson n ^ ^ ,^ � r My Commisslon Expires (�•�( • j}/)�).{/) r � + 9/2/2025 � « v���/ � Notary ID 133311557 Government Code§ 2270.002. Provision Required in Contract Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The following definitions apply: (1)'�Boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2)"Company"means a for-profit sole proprietorship, organization,association,corporation, partnership,joint venture, limited partnership, limited liability partnership,or limited liability company, irrcluding a wholly owned subsidiary, majority-owned subsidiary, parent company,or affiliate of those entities or business associations that exists to make a proflt. (3)"Governmental entity"means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services(regardless of the amount) before the City can enter into the contract. VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verifies that the firm it represents: 1. Does not boycott energy companies; and, 2. Will not boycott energy companies during the term of the contract. PSIGNED BY: . PRINT NAME AND TITLE: FIRM NAME: �•I`��U� ��rlQ�l DATE SIGNED: T/Vr�I���� ��1. �� The following definitions apply to this state statute: (1) "Boycott energy company" means without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph(A); and (2) "Company"means a for-profit organization, association, corporation,partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verifies that the firm it represents: l. Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and, 2. Will not discriminate during the term of the contract against a firearm entity or firearm trade association. SIGNED SY: . PRINT NAME & TITLE: FIRM NAME: DATE SIGNED: �����P� � 1 . ��I The following definitions apply to this state statute: (]) "Ammunition"means a loaded cartridge case,primer,bullet,or propellant powder with or without a projectile; (2) "Company" means a for-profit organization, association, corporation,partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a pro�t; (3) "Discriminate against a firearm entity or firearm trade association": (A) means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of a.inmunition, firearms, or firearm accessories; and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases; (5) "Firearm accessory"means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine; (6) "Firearm entity" means: (A) a firearm; firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and (B) a sport shooting range as defined by Section 250.001, Local Government Code; (7) "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that: (A) is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (B) has two or more firearm entities as members; and (C) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. � Town Council/ Boa rd of Trustees Item# 6 — Westlake Classic Car Show Report T x e i o w H o r WESTLAKE OISfINCiIVE HY III:SIGN TOWN COUNCIL AGENDA ITEM Regular Meeting - Report Monday, November 15, 2021 TOPIC: Report regarding the 2021 Westlake Classic Car Show. STAFF: Emily Mead,Facilities and Event Manager Jarrod Greenwood,Assistant Town Manager STRATEGIC ALIGNMENT i i � . � . ., ; � • � � � � High Quality Planning Design& Family Friendly& Municipal& Development-We are a desirable Encourage Westlake's Welcoming AcademicOpetations �'ellplanned,high-quality UniqueSenseofPlace communitythat is distinguishedby exemplary design standards. SUMMARY As you know,the Town holds its annual car show the third Saturday in October. The Westlake Classic Car Show was started in 2011 by Westlake Residents and then Historical Board President, Mr. Bert Schultz, as an annual fundraiser for the Westlake Historical Preservation Society. The car show proceeds fund Historical Preservation Society events and activities. The Westlake Classic Car Show originally celebrated the Golden Era of the Automobile by featuring 1909 to 1959 original andrestoredto near original automobiles and trucks,basically the first 50 years of the automobile and presentedin chronological order so as to presenta walkthrough of automotive history showing the developmental evolution of the automobile during the first half of the 20th century. Over the last nine years of the Westlake Classic Car Show has earned a reputation amongst the classic car collectors within the area as a truly unique, DISTINCTIVE, upscale and quality car show commensurate with the Town of Westlake image andbranding. The car show planning and implementation is a year-long process, and we are already working on the 11 t"Annual Westlake Classic Car Show. 2021 HIGHLIGHTS • l Oth Anniversary • Added the 1960-1969 category • New Westlake Staff Shirts • Highestregistration numbers since 2015 SUPPORTING ORGANIZATIONS • Westlake Fire Department • Ke1lerPolice Department • Boy Scouts, Troop 170 • Texas A&M Transportation Institute • Tarrant County College Automotive • VFW REGISTRATIONS AND REVENUE WCCS Historic RegistraHons&Net Revenue izo Sz,soo ios 300 q; 96 $2.000 9 80 �5 19 �Z Sl,soo 67 1 60 $1,000 44 40 � $500 � 20 $0 0 $540 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 NcisTiNe 2011 2U12 2013 2014 2015 2016 201) 2018 2019 2021 Regis[ralions 89 105 a4 61 96 $BOS 51,6]5 51,8]5 51,830 51,6]0 52.200 -526] 51,195 $1,1]9 51,891 RegisVaHons —NetRevenue PARTICIPANTAND SPECTATORFEEDBACK It was a great success from my perspective, and no doubtfrom 99%of the participants. Thank the staff for their hard work, and as the Mayor stated, this is not in their job description. " "Thanks to you and your team for putting one of the best car shows in the metroplex. I always consider it an honor to be able to show my car. " "Thank you,your staff and the city for one of the best car shows I've been in or seen!Am looking for�ward to next year and b�inging a different car. " "Hi Ja�od,you and Westlake do a great job with this show. It is the classiest car show in the metroplex. " "This was the nicest car show that I have ever seen or entered one of my vehicles, and I am looking forward to next year. " T x e i o w H o r WESTLAKE OISfINCiIVE HY III:SIGN TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, November 15, 2021 TOPIC: Consider a resolution authorizing the Town Manager to execute an Economic Development and Landscape Maintenance Agreement with Granada Residential Community, Inc. STAFF: Troy Meyer,Facilities and Public Works Director Jarrod Greenwood,Assistant Town Manager STRATEGIC ALIGNMENT � i � . � . ., ; � • � � � � High Quality Planning,Design& Planned/Responsible People,Facilities,& Development-We are a desirable ImproveTechnology, Development Technology Wellplanned,high-quality Facilities& communitythatisdistinguishedby Equipment exemplary design standards. SUMMARY In 2018, the Granada HOA approached the Town to understand their maintenance responsibilities of the development's exterior landscape and hardscape improvements. Town staff has workedwith the GranadaHOA and Town Council to determine someresolutions that would be equitable and in keeping with other residential developments' maintenance responsibilities. The proposed agreement is consistent with other developments along the FM193 8 corridor as it relates to open space maintenance and the Town's cost sharing with the HOA/developers. This agreement provides a one-time landscape replacement plan and irrigation improvements to the Town Irrigated Area described in Exhibit"A". The Granada Association responsibilities are described in EXhibit"A" Section 2.02 of the agreement: • Maintain and operate irrigation systems, all plantings, grasses, and any associated additions within the Town Irrigated Area and Association Irrigated Area in accordance with this Agreement,the Association's governing documents, all applicable Town ordinances,rules andregulations, and applicable Texas law. The Town's responsibilities are described in Exhibit"A" Section 2.03 of the agreement: • Town will perform all services, and costs necessary to separate the irrigation systems between the Town Irrigated Area and the Association Irrigated Area; Page 1 of 2 • Town will provide the water necessary for the Association to irrigate and maintain the Town Irrigated Area,including any water features and drinking water fountains. • Town will provide two (2)water meters within the Town Irrigated Area; • Town will maintain and repair the three existing(3)shade structures (see Exhibit E) located within the Town Irrigated Area; • Town will conduct an analysis only of the efficiencies and deficiencies of the irrigation systems in the Town Irrigated Area and Association Irrigated Area. The cost for the analysis will be shared equally between the Town and Association and shall be reviewed and approved by both parties prior to any analysis being performed. • The Town will reimburse the Association for the one-time costs to restore the landscaping in the Town Irrigated Area in accordance with"Landscape Replacement Plan" as further identified in Exhibit D. The work shown on the "Landscape Replacement Plan" shall be completed no later than Apri130, 2022. In no event shall the Town's costs exceed$25,000.00. The proposed agreement will increase the FY 21-22 Budget approximately$80,000,which includes the one-time costs described above. The costs to provide water for irrigation will increase future budgets by approximately$55,000. COUNCIL ACTION/OPTIONS • Approve the proposed Economic Development and Landscape Maintenance Agreement • Deny the proposed Economic Development and Landscape Maintenance Agreement STAFF RECOMMENDATION Staff recommends approval of the Economic Development and Landscape Maintenance Agreement. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $80,000.00 Funding Source: General Fund Contract: Yes Forms: 1295,2270,2274 Service Levels: The proposed agreementprovides the Granada residents with a more equitable long term maintenance solution of the exterior open space. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: The proposed Agreement will provide developer maintenance of structures and landscaping identified in the Town's Comp Plan. Cost Recovery Analysis: N/A Traffic Impact: Traffic and pedestrian conditions would be improved with the aesthetic enhancements along trails and roadway. ATTACHMENTS Resolution Exhibit"A"—Agreement Page2of2 TOWN OF WESTLAKE RESOLUTION NO.21-44 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ECONOMIC DEVELOPMENT AND LANDSCAPE MAINTENANCE AGREEMENT WITH GRANADA RESIDENTIAL COMMUNITY,INC. WHEREAS,the Town desires to promote economic development for the benefit of its citizens,property owners, andvisitors; and, WHEREAS, the entryways and landscape corridors into the Town are an important component in promoting the Town's economic development goals and objectives;and, WHEREAS,the areas described in the Agreement serve an important public purpo se in the Town's economic development goals and objectives; and, WHEREAS, the Town Council desires to provide residents and commuters safe and aesthetically pleasing streets and structure; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporatedhereinby reference as if copiedin their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby approves the Town Manager to execute the Economic Development and Landscape Maintenance Agreement with Granada Residential Community,Inc., attached as Exhibit"A". SECTION 3: If any portion of this Resolution shall, far any reason,be declared inv alid by any court of competent jurisdiction,such invalidity shall not affect the remainingprovisions hereof and the Council hereby determines that it would have adopted this Resolution without th e invalid provision. Resolution 21-44 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15TH DAY OF NOVEMBER 2021. ------------------- Laura Wheat, Mayor ATTEST: Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-44 Page 2 of2 ECONOMIC DEVELOPMENT AND LANDSCAPE MAINTENANCE AGREEMENT This ECONOMIC DEVELOPMENT AND LANDSCAPE MAINTENANCE AGREEMENT("Agreement"), effective as of ,2021 (the "Effective Date"), is made by and between the TOWN OF WESTLAKE, a general law municipal corporation of the State of Texas ("Town"), acting by and through its duly authorized representative, and GRANADA RESIDENTIAL COMMUNITY, INC., (the "Association"), a Texas non-profit corporation, actingby andthrough its duly authorizedrepresentative. Whereas,the Town desires to promote economic development forthe benefitofits citizens, property owners, andvisitors;and, Whereas,the entryways and landscape corridors into the Town are an important component in promoting the Town's economic development goals and objectives; and, Whereas,the areas described in the Agreement serve an importantpublic purpose in the Town's economic development goals and objectives;and, Whereas,this Agreement, and the public funds to be expended, serve a public purpose, and, is authorized by Chapter 3 80 of the Texas Local Government Code. DEFINED TERMS "Association Services"—All services and obligations providedby the Association as set forth in Sections 2.01 and 2.02 of this Agreement. "Town Services"—All services and obligations provided by the Town as set forth in Section 2.03 of this Agreement. "Association Irrigated Area"—Property owned and maintained by the Association as indicated in Exhibit B of this Agreement. "Town Irrigated Area" — Property maintained by the Town as indicated in Exhibit A of this Agreement. "Landscape Replacement Plan"—Property located within the Town Irrigated Area which will be repaired at the sole cost and expense of Town as indicated in Exhibit D of this Agreement. For the avoidance of doubt,this will be a one-time occurrence. Landscape Maintenance Agreement 1 of 13 SECTION 1 DESCRIPTION OF PROPERTY 1.01 The Town and Association hereby agree to provide,furnish and perform the Town Services and Association Services, as hereinafter defined and set forth in Section 2 of this Agreement, within the area identified in Exhibit A, attached hereto and incorporated herein for all purposes (the "Town Irrigated Area"); and, the Association agrees to continue to provide Association Services within the area identified in Exhibit B (the "Association Irrigated Area"). This Agreement shall not change ownership ofproperty as identified on the Granada Plat, approved by Resolution 14-43,attachedhereto as Exhibit C. SECTION 2 DUTIES AND RESPONSIBILITIES 2.01 The Association shall, at its sole cost and expense,provide the Association Services (as hereinafter defined)in accordance with this Agreement and all applicable laws. In providing the Association Services, Association shall take such steps as are appropriate to ensure that the Association Services are properly coordinated with any related work performed orto be performed by the Town. 2.02 The Association represents that it has or will secure, at its own expense, all materials, supplies,machinery,equipment,tools, superintendents, labor,personnel,insurance(if required), and other accessories and services necessary to provide the Association Services in accordance with the requirements of this Agreement and the Town. The following items shall constitute the services to be provided by the Association and sha11 be referred to as the"Association Services": A. Maintain and operate irrigation systems, all plantings, grasses, and any associated additions within the Town Irrigated Area and Association Irrigated Area in accordance with this Agreement, the Association's governing documents, all applicable Town ordinances,rules andregulations,and applicable Texas law. B. If there is a conflict between these documents and regulations, the Town Ordinances shall prevail. 2.03 The Town will perform the following items and shall be referredto as"Town Services": A. Town will perform all services, and costs necessary to separate the irrigation systems between the Town Irrigated Area and the Association Irrigated Area; B. Town will provide the water necessary for the Association to irrigate and maintain the Town Irrigated Area,including any water features and drinkingwater fountains; C. Town will provide two (2)water meters within the Town Irrigated Area; D. Town will maintain and repair the three existing(3) shade structures (see Exhibit E) located within the Town Irrigated Area; E. Town will conduct an analysis only of the efficiencies and deficiencies of the irrigation systems in the Town Irrigated Area and Association Irrigated Area. The cost for the analysis will be shared equally between the Town and Association and Landscape Maintenance Agreement Page 2 of 13 shall be reviewed and approved by both parties prior to any analysis being performed. F. The Town will reimburse the Association far the one-time costs to restore the landscaping in the Town Irrigated Area in accordance with "Landscape Replacement Plan" as further identified in Exhibit D. The work shown on the "Landscape Replacement Plan" shall be completed no later than April 30,2022. In no event shall the Town's costs exceed$25,000.00. 2.04 In the event that any Town-owned property, including,but not limited to, utilities, park improvements, equipment,turf,and the like are damaged or destroyed by the Association during the performance of the Association Services,Association shall be solely responsible for all repairs or replacements and any costs related thereto. Any damage by Association shall be repaired or replaced by Association to the reasonable satisfaction of the Town within thirty(30)calendar days after the Town sends written notice of such damage or within such time as agreed to otherwise by the parties in writing. If the Association fails to remedy the damages in the time set forth above, the Association agrees to reimburse the Town for any costs incurred by the Town in repairing or replacing such damage,with any such amount to be due and payable to the Town within thirty (3 0) calendar days after the Town sends a written invoice to the Association detailing such costs. 2.05 In the event that any Association-owned properry,including,but not limited to, utilities, park improvements, equipment,turf, and the like are damaged or destroyed by the Town during the performance of the Town Services, the Town shall be solely responsible for all repairs or replacements and any costs related thereto. Any damage by Town shall be repaired or replaced by the Town to the reasonable satisfaction of the Town within thirry (30) calendar days after the Association sends written notice of such damage or within such time as agreed to otherwise by the parties in writing. If the Town fails to remedy the damages in the time set forth above,the Town agrees to reimburse the Association for any costs incurred by the Association in repairing or replacing such damage, with any such amount to be due and payable to the Association within thirty (30)calendar days after the Association sends a written invoice to the Town detailing such costs. SECTION 3 TERM OF AGREEMENT 3.01 This Agreement shall commence on the Effective Date and,unless terminated earlier in accordance with this Agreement, expire on October 31, 2031 ("Primary Term"). The Primary Term will automatically renew by mutual agreement of the parties for successive five (5) year periods under the same conditions and terms of this Agreement("Renewal Term"). Either the Association or the Town may terminate this Agreement in accordance with this Agreement. In order to terminate the Agreement,the terminatingparty must advise the non-terminatingparty in writing of its intent to terminate this Agreement at least ninety (90) days prior to the date of termination providedin the written notice. Landscape Maintenance Agreement Page 3 of 13 SECTION 4 ALTERATIONS AND ADDITIONS 4.01 The Association shall not make or cause to be made any alterations, additions, or improvements to Town property, other than the Association Services, without the prior written consent of the Town. The Association shall present to the Town any plans and specif'ications for such alterations,additions,and improvements atthe time such approval is sought. Any alterations, additions, or improvements shall be consistent with the Association Services to be provided in�is Agreement. 4.02 The Town shall not make or cause to be made any alterations, additions, or improvements to Association property, other than the Town Services,without the priar written consent of the Association. The Town shall present to the Association any plans and specifications for such alterations, additions, and improvements at the time such approval is sought. Any alterations, additions, or improvements shall be consistent with the Town Services to be provided in this Agreement. SECTION 5 RIGHT OF ACCESS 5.01 The Town does not relinquish the right to control the management of any Town Right-0f Way, or the right to enforce all necessary and proper rules for the management and operation of the same. The Town through its Town Manager, Police and Fire personnel, and other designated representatives,has the right at any time to enter any portion of the Town Irrigated Area(without causing or constituting a termination of the use or an interference of the use of the Town Area by Association) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of public property;provided, this shall not authorize or empower Town to direct the activities of Association or assume liability for Association's activities. SECTION 7 INSURANCE 7.01 The Association shall not commence work under this Agreement until it has obtained and received approval from the Town of all insurance coverage required hereunder. The Associahon shall be responsible far delivering to Town a certificate or certificates of insurance demonstrating that the Association has obtained the coverage required under this Agreement. The minimum insurance required of Association is as follows: COMPREHENSIVE GENERAL LIABILITY INSURANCE: Association shall maintain throughout the Term of this Agreement a commercial general liability insurance policy in an amountofnotless than$1,000,000 covering each occurrencewith an aggregate limit of not less than$2,000,000. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: Association shall maintain throughout the Term of this Agreement comprehensive Landscape Maintenance Agreement Page 4 of 13 automobile liability coverage in an amount not less than $1,000,000 for each accident This policy shall cover any automobile used in the provision of Improvements and Services under this Agreement. 7.02 The insurance companywith whom Association's insurance is written shallbe represented by an agent or agents having an office located within the Dallas-Fort Worth metropolitan area. Each such agent shall be duly qualified,upon whom service or process may be had, and must have authority and power to act on behalf of the insurance company to negotiate and settle with the Town, or any other claimant, any claims that the Town or any other claimant, or anyproperiy owner who has been damaged may have against the Association or insurance company. The name of the agent or agents shall be set forth on all certificates of insurance. The Town shall be named as additional insured on all insurance policies obtained by Association pursuant to this Agreement and Association shall provide the Town with certificates of insurance thereof. All policies mustprovide that they will endeavor to provide at least five(5)days'notice of any change in or cancellation of the policy by the insurer. SECTION 8 INDEPENDENT CONTRACTOR 8.01 It is expressly understood and agreed that Association shall perform all work and services described herein as Association Services as an independent contractor and notas an officer,agent, servant or employee of the Town;that Association shall have exclusive control of the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors;that the doctrine of respondeat superior shall not apply as between the Town and Association, its officers, agents, employees, contractors and subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between the Town and Association. No person performing any of the work and services described hereunder shall be considered an officer,agent, servant or employee of the Town. SECTION 9 LICENSES AND PERMITS 9.01 Association shall comply with all federal, state, and local laws, rules, and regulations, as well as with all regulations, restrictions, and requirements of the Police, Fire, and Code Compliance Departments now or hereafter in effect which are applicable to its Services. Association shall obtain and keep in effect at its own cost and expense all licenses and permits, and pay all taxes incurred or required in connection with this Agreement and its Services hereunder. SECTION 10 LIENS 10.01 Association agrees not to knowingly take any action that would result in the creation of any lien on Town property. In the event that a lien is filed, as a result of any action of Association, Landscape Maintenance Agreement Page 5 of 13 Association will take all necessary steps to bond around or remove the lien within ten(10)days of its filing. SECTION 11 TERMINATION AND DEFAULT 11.01 Either party may terminate this Agreementwithout cause by the giving of 90(ninety)days' notice in writing to the other party. 11.02 Association shall be in default under this Agreement if Association breaches any term or condition of this Agreement and such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement or within a time period otherwise agreed to by the parties in writing. 11.03 The Town shall be in default under this Agreement if the Town breaches any term or condition of this Agreement and such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Association referencing this Agreement or within a time period otherwise agreed to by the parties in writing. SECTION 12 NOTICES 12.01 Any notice required shall be sufficient if deposited in the U.S. Mail,postage prepaid, certified mail,return receipt requested, and addressed to the other party as follows: TOWN: ASSOCIATION: Town of Westlake Granada Residential Community, Inc. Attn: Town Manager Attn: Essex Association Management,L.P. 1500 Solana Blvd. 1512 Crescent Drive, Suite 112 Bldg. 7, Suite 7200 Carrollton, Texas 75006 Westlake, Texas 76262 12.02 Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage prepaid, certified mail, return receipt requested, and addressed as specified above,unless either party has been notified in writing of any changes to such address(es)or addressee(s). All time periods related to any notice requirements specified in this Agreement shall commence on the date notice is mailed,unless otherwise set forth in this Agreement. SECTION 13 VENUE AND JURISDICTION 13.01 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Landscape Maintenance Agreement Page 6 of 13 SECTION 14 ASSIGNMENT 14.01 AssociationshallhavetherighttosubcontractfortheprovisionofanyAssociationServices authorized hereunder. Outside of retaining subcontractor services to perform and execute the Association Services, the Association may not assign, transfer or convey any of its duties and obligations under this Agreement to another party without the advance written approval of the Town and execution by suchparry of a written agreement with the Town under which such pariy agrees to be bound by the duties and obligations of Association under this Agreement. SECTION 15 FORCE MAJEURE 15.01 If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies;wars;blockades;insurrections;riots; epidemics;public health crises;earthquakes;fires; floods;restraints or prohibitions by any court, board, department, commission,or agency of the United States or of any state;declaration of a state of disaster or of emergency by the federal,state, county, or Town government in accordance with applicable law;issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States;any arrests and restraints; civil disturbances;or explosions;or some other reason beyond the Party's reasonable control(collectively, "Force Majeure Event"),the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the Town may, in its sole discretion, close or postpone the opening of its community centers,parks, or other Town-owned and operated properties and facilities in the interest of public safety and operate them as the Town sees fit. Association hereby waives any and all claims it may have against the Town for damages resulting from any such Force Majeure Event. SECTION 16 NO WAIVER 16.01 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that pariy's right to insist upon appropriate performance or to assert any such right on any future occasion. SECTION 17 INTERPRETATION 17.01 In the event of any dispute over the meaning or application of any provision of this Agreement,this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. SECTION 18 CAPTIONS 18.01 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Landscape Maintenance Agreement Page 7 of 13 SECTION 19 ENTIRETY OF AGREEMENT 19.01 This Agreement,including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Association as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it is in conflict with any provision of this Agreement. SECTION 20 ELECTRONIC SIGNATURES AND COUNTERPARTS 20.01 This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. 20.02 This Agreement may be eXecuted by electronic signature,which will be considered as an original signature for all purposes and ha�e the same farce and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g via pdf file or facsimile transmission)of an original signature, or signatures electronically inserted via software such as Adobe Sign. SECTION 21 ENTIRE UNDERSTANDING 21.01 This Agreement, including all exhibits attached hereto, constitutes the final, entire, and complete agreement between Association and the Town and supersedes any prior and contemporaneous negotiations, understandings, representations, and agreements between the parties. Any priar or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 21.02 Neither this Agreement nor any provision hereof may be modified except by an instrument in writing, signed by the parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. EXECUTED to be effective on the Effective Date set forth above. TOWN OF WESTLAKE GRANADA RESIDENTIAL COMMUNITY,INC., a Texas non-profit corporation By'---- ------- By'---- --------- Amanda DeGan,Town Manager Joseph D. Amos,HOA Board President Landscape Maintenance Agreement Page 8 of 13 EXHIBIT"A" TOWN IRRIGATED AREA . � 1 I i . I ■ ■ . 1 I I 1 l � � I � - �� - � �".�` , 'r—' Legend � � _-� � Granodo Irrigotion Gronodo HOA � H � � Toum af Wes[loke �� � , � j� �PtBfS .� f � � O FourHnin IAeter � ' 1�. ' L, �' � Pmposed Me�rs • . S � j � � ,� � S �"� � . �' � � ,� . � MainWiner Acres g� Sianada HOA 3.&5 ' r� - Town of NJestlake 13.09 �•;./ � ' � '��'T . ,�� . ��� _ � �� 4. .-i��A . � �� � �� -7 � � ���� . , .,_ . �� � , -. �. {, � � � , ' ��;-�. J� . �` r;; � �r.,,. � �.; . �;; ,,�' �. a;_ •� � . •� r �_ r 4� .�� �_ • � ` � C . - , � � ,.' _ �.� �� - I � y . ' 'n�� r. s� � � i �� \ . -� C��r� -� f '� �� . �� ��� � "R, �.. �- _. �i � -.� •�; . w � . . � ` - + � 'P,,� � �z ^ ' �� ' a � � ��1 , �. . �°�' ti ; ;�-_ _ } ��. � ��:;�"�,� ' .;; :��� �� . � . ;� ' .� �� _ .� � » ,!��,_ �: � � - . .; �:�� - , � - � �;. . . x-; �� �-�. 1� �,: � f t� ��� :. � � .. � � � .,%a ' +�- - . . __ � ,_ Finallocation to 6e ,y� �. � - ' determine,� ••. ' - P � . 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V\' � z„ e �i W � ```��� �� ���°.� �t� ���,�I :'����-a�� ,, �� �m , ! ri� d bd ��� �;; ,� �� � � ���a � da...a��„��aw m � w ���e % �, �. � v I� i--i xao .sY� y��R� w�, a a..v , � p r6p ��T'�nzmno .�s�� ���°6°��`�i�� �"/�� I � �� ��y � SJ�' I y� �4M�N'�'v s% � �byi I. � r�� �.o7q�1 mmJ ' / � � - i w i i� _'C � O 56` , s� � aB , ' 0 �/ V .r - a� 6 c '��" �:� I`� �!��W� - e,.� r } < I _ �r .w z . . /` ' / �y � �T o�,+'•���'"ta,°_l�� nA'r �a'%q � � �C4� ,�,. �e.� �m. N�� L.�, �a „ca m ` �� 11 / l ' � i n,.e �.�„4_�„� ��_�L�J L�J L__�e . ���`�.; ,� ,, ,,—sa>.-� ,�eo�s� 'i'� � ; / '� ,. ��� -- --- �1-- �-„�„m= -- -- l.m,n�, _ ,,,z. b�Ji w, � ,%,_ ;�,...... , .�e� � =a �. _., : —� —==,uT __,.e-- —�u— --,.,__ . .„ ,,8' ..,. �;\ra, __,�" 4 .. � 1 i i, �7 � - ,—z tM—qA�r—� ry l r � � ���--- i s�,'°�;,:<, =�$ e;r 'rys°p 0� ��N '-11_ I A :i����� . n�a`I 'w" Issl F�I I .� �'� � .ry, m��TM: � g\a ''�,v;•�rya.s c �\ � a �si �� „ �`s %, '� �\ ��_ ���� °s^,°;; 1 FINAL P IT xoa•�ro� Z!- ��L\n��J°��-�J� `�J�,l ���,al aa �xaj Ir?I v'��,���a�'/: °',w9 � a� %"' i ' '�/,/ �a.���.o..,,soa,.�,. Granatla.Phase I � �� L�yJ „�,..�i J q` ��< °� Lots 32,45-85X&88X i� =- ' " - � ��� p � 84283Acres Zoned PD1-3 �R �A�� re�j . .4 __ ,,, 9 �,�yA ,e/�� O7 /yo`p2 me ' � � y � � ( �U �� CM 1HROOP SURVEY ABSTRACT N0.1510 �p - ,�� I ��� rn�l r F r r- , IA� /q W MEDLIN SIIRVEV.ABSTliACT N0.1958 — ��,ai:� :�" /`8�/—�i`� I I I#I n, �s$ ,. Y�ae� m,��'�� ,.°� �'I 'g��$5 �,a :i�A�b rowNOFwEsruKE 9 R:w $ ny I`�.I � $ ""' � '� I I'$I x@s ��\�� '' TARRANTCOUNTY,TEXAS ��7 �L�.'�($� .a., �<aL J��_J�L_J�-��I�_9�'L �' _„ �E""x' ;'" _ ���.,� M„� ��J ' �_ c �`8.���, ',�;. ��� ti;,�1 CON,�S�ULTANTS�nLLC a - .m�,,,,.,m -- ,,, P� }��'„�. o., -- -- — ��� m"" ;� N�§m I AO�__ ' sooazss e�<�soe '""' z e �\ .a.« r. ,. . .. ..o.12123¢ IV e iI W vo� n.r.c. '9 /vo vn c A , u�crx.Ex �� \ F 2i nrim���.- cmu<.wcxonwacx 2 � ��� �n�915m"S�YA' o Va, N O �-h W EXHIBIT"D" LANDSCAPE REPLACEMENT PLAN Plant Replacements Granada Common Areas • Dove Road toward east-Fill in 25 - 1 gal Love Grass • Corner of Dove and Davis o Fill in 2 Flats purple Lantana and 5 - 3 gallon Texas Sage o Water Fountain Area-Insta1114 - 5 gallon Red Yucca and 21 - 1 gallon Mexican Feather Grass • Water Feature Area o Fill in 5 - 5 gallon Red Yucca, 6 -3 gallon Muhly Grass, 10 - 1 gallon Mexican Feather Grass o Grass Beds South of Parking Area-Fill in total of 50 - 1 gallon Love Grass(what is visible from street) o Parking Lot area-Replace 3 - 30 Gallon Live Oaks,Remove Dead Muhly and Leave Space for existing Barberry � Corner Bed at Solana and Davis Remove 2 Dead Crapes in archways and insta1110 - 5 gallon Red Yucca Tree Replacement • 5 - 30 gallon Live Oaks • 5 - 30 gallon Eastern Red Cedars • 4 - 30 gallon Red Buds • 8 - 30 gallon Red Oaks • 5 - 30 gallon Italian Cypress Landscape Maintenance Agreement Page 12 of 13 EXHIBIT"E" SHADE STRUCTURE W � N a DS a � � , � x o y =- a � � ;� a O °�J° : �a' � V My � o-'i o _ A 6 � � W � � i on. I. � � � - _ _ TaP OF STC�IE� �3. -L OP OF ROOF ' � _ - . o: __ r ��..Y r,'; = I � �'� l'_� ....�. . W r� � _i F I � �FY -�� i ' i a� ��i�� �S+ �" ... ��- LLC] -c-L"L Q' t�n}T� - _ � LEVELGHE � [?���c o., � r.� � °� � �� u' SHADE STRUCTURE-EAST 3 SCALE:9:d"1'-0' � J a � 6 A � W a a U ror or sro��e � ,3'.4'� � 1 -=i— TCP OF ROCF■ ��i'7� __ 12 0' � _ Y ' � � � . �,� -_ � � 1T - � I I� . �Vl�yg, � _ �... . '• . '.� :.� rC�'�y�n x _1— __— �� LEVEL C�lE - - - - o'•o' y p + TEOF54 l�"_:N SHADE STRUGTLIRE-WEST -- 6 SCALE:1:4"1'-0' �:„�:�E.a:,-a 12123 us:a.l-E�<�.T.E�n-=.�:Lava La•.i:.LF. :�i M Fc:E vRIE�::: :cn rLLT�:n,TEx•} [:I:`:58.:3.:-i.l: F:.r.e-s,i e��sr� L2.6 ...r.ar.i:.u:'.H��sr�n.�v Landscape Maintenance Agreement Page 13 of 13 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2270 By signing below, the signatory hereby verifies that the firm it represents: l. Does not boycott Israel; and, 2. Will not boycott Israel during the term of the contract. SIGNED BY: PRINT NAME & TITLE: FIRM NAME: DATE SIGNED: The following definitions apply to Texas Government Code Section 2270.001: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. State law requires any firm entering into an agreement or contract with the Authority to complete the foregoing verification. TEx. Gov'T Co�� § 2270.002. VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verifies that the firm it represents: L Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and, 2. Will not discriminate during the term of the contract against a firearm entity or firearm trade association. SIGNED BY: % v� PRINT NAME & TITLE: Tameka Jackson, Senior Association Manager FIRM NAME: FccPx MananPmPnt DATE SIGNED: 11/12/21 The following definitions apply to this state statute: (1) "Ammunition" means a loaded cartridge case,primer,bullet, or propellant powder with or without a projectile; (2) "Company" means a for-profit organization, association, corporation,partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit; (3) "Discriminate against a firearm entity or �rearm trade association": (A) means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an eXisting business relationship, or decision to terminate an eXisting business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases; (5) "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine; (6) "Firearm entity" means: (A) a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and (B) a sport shooting range as defined by Section 250.001, Local Government Code; (7) "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that: (A) is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (B) has two or more firearm entities as members; and (C) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verifies that the firm it represents: L Does not boycott energy companies; and, 2. Will not boycott energy companies during the term of the contract. PSIGNED BY: %��-x�.fe� � PRINT NAME AND TITLE: Tameka Jackson, Senior Association Mana�er FIRM NAME: Essex Management DATE SIGNED: 11/2/12/21 The following definitions apply to this state statute: (1) "Boycott energy company" means without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A); and (2) "Company" means a for-profit organization, association, corporation,partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. T x e i o w H o r WESTLAKE OISfINCiIVE HY III:SIGN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, November 08, 2021 TOPIC: Consideration of a Resolution authorizing the Town Manager to hire a Database Administrator(DBA)for the immediate data management needs of the StudentInformation Systemproject and amendingthe adoptedbudget to allocate funding for the DBA position. STAFF: Jason Power,IT Director STRATEGIC ALIGNMENT i i � . � . ., ; � • � i � � Exemplary Service&Governance Transparent/Integrity- People,Facilities,& -Wesetthestandardbydelivering ImproveTechnology, driven Government Technology unparalleled municipaland Facilities& educationalservicesatthelowest Equipment cost. SUMMARY To manage information andplanneduse of data for informed decision-making,many schools ha�e appointed a database administrator(DBA) or similar role, with a primary responsibility around data management. While Westlake Academy has a handful of people assuming parts of this role, no one has the title or ownership as a data manager for the Academy. Hiring far a full-time DBA is especially critical when there will be wholesale changes to the data structures in the school, which will be occurring as we transition to and use a new Student Information System(SIS). Over the process of identifying our needs and requesting proposals from vendors for a new SIS, bod� the consulting firm used and the vendors who respondedto the RFP recommendedthat a DBA should be already on staff or hired as soon as possible before beginning the implementation of the new system.As with any institutionalplans for the growth of information systems,itrequires more personnel to maintain such systems to ensure functional stability, capacity development and effective use for data capture, analysis and reporting. The DBA will work with staff to develop a standardized defmition of data elements, a prioritized list of how data shouldbe entered,used and processed,thebenefits of greater data analysis,andhow data may be utilized forteaching,learning &operations. A robusttrainingregimen supports this for all users relative to their permission sets. In addition,this action will help leverage the affordability of the SIS and other database solutions Page 1 of 2 used across all departments of the Town of Westlake and Westlake Academy in the long term by having staff in house to manage data and communicate its value.The DBA will have system admin training experience,be the point of reference,manage helpdesk tickets, andprovide maintenance and upgrades for the systems. COUNCIL ACTION/OPTIONS The Town Council may approve the proposed Resolution. The Town Council may deny the proposed Resolution. The Town Council may table the proposed Resolution. STAFF RECOMMENDATION Staff recommends approval of the proposed Resolution FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $ll 5,000/yr. Funding Source: General Fund Contract: No Forms: N/A Service Levels: The proposed Resolution provides the funding and staff necessary for a successful implementation of a new Student Information System far Westlake Academy. ATTACHMENTS Resolution Page2of2 TOWN OF WESTLAKE RESOLUTION NO. 21-45 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO HIRE A DATABASE ADMINISTRATOR FOR THE IMMEDIATE DATA MANAGEMENT NEEDS OF THE STUDENT INFORMATION SYSTEM PROJECT AND AMENDING THE BUDGET TO ALLOCATED FUNDING FOR THE POSITION. WHEREAS,the Town Council finds that there are immediate data management needs for the Student Information System project;and WHEREAS, the Town Council finds that funding for the Database Administrator and Student Information System project is necessary;and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves an amendment to the adopted budget for an additional $ll 5,000 to allocate funding for the Database Administrator position. SECTION 3: The Town Council of the Town of Westlake hereby authorizes the Town Managerto hire a Database Administratorforthe immediate datamanagementneeds ofthe Student Information System project. SECTION 4: If any portion of this Resolution shall, for any reason,be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without dle invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. Resolution 21-45 Page 1 of 2 PASSED AND APPROVED ON THIS 15t''DAY OF NOVEMBER,2021. Laura Wheat,Mayor ATTEST: Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-45 Page2of2 Town Council/ Boa rd of Trustees Item# 9 — Residential Su rvey T x e i o w H o r WESTLAKE OISfINCiIVE HY III:SIGN TOWN COUNCIL AGENDA ITEM Regular Meeting - Discussion Monday, November 15, 2021 TOPIC: Presentation and discussion of the draft questions for the residential survey,including special interest questions regarding the issuance of debt for future facilities. STAFF: Amanda DeGan, Town Manager STRATEGIC ALIGNMENT � i � . � . ., ; � • � � � � Exemplary Service&Governance Informed&Engaged -We set the standardbydelivering Citizens/Sense of Citizen,Student& unparalleled municipal and preserve Desirability Community Stakeholder educational services atthe lowest &Quality of Life cost. SUMMARY Since 2009,the municipality began conducting a semi-regular survey to gather feedback and data from our community members to help determine the direction and success of our service delivery. We use this information to gauge our customer service, communication,public safety, overall satisfaction, and various other components of the local government. Below,you will find a list of the years in which a survey has been conducted and for which type of service delivery model that the Town oversees. 2009 Municipal Services 2010 Municipal and Academic Services 20ll Municipal and Academic Services 2013 Municipal and Academic Services 2015 Municipal and Academic Services 2016 Academic Services 2017 Municipal Services The information obtained through the administration of the survey's has been helpful to the Council in determining the satisfaction levels of service delivery efforts in all areas of the Town, as well as areas where stakeholders have concerns or questions. Page 1 of 2 Staff has worked with the vendor to review the existing instrument, identify questions that may no longer be needed or relevant, prepared draft special interest questions and will present the information to Council for review and feedback. You will find that the draft document has a color- coded system from the vendor— green, keep in the survey;yellow, consider removing;red, the consultant would recommend removing. The currentproposal for your consider�ation will cove�MUNICIPAL SERVICES ONLY. We will look to draft another survey for Council consideration for Academic Services based on direction from the governing board. COUNCIL ACTION/OPTIONS • Consider the Council's policy direction on the need for the next iteration of the survey • Approve the questions as submitted ar suggest alternative language for use by the consulting firm STAFF RECOMMENDATION Consider the removal of some of the questions in order to reduce the span of the instrument and consider the use of special interest questions that will help gauge community support for debt issuance for facilities. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $14,000.00 Funding Source: General Fund Contract: Yes Forms: DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy:N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact:None ATTACHMENTS Draft Survey Instrument Draft Special Interest Questions Page2of2 TOWN OF WESTLAKE 2017 RESI DENT SURVEY 1. Satisfaction with MajorCategories of Town Services.Using a scale of 1 to 5,where 5 means"Very Satisfied"and1 means"VeryDissatisfied,"pleaserateyourlevelofsatisfactionwiththefollowing services provided by the Town of Westlake. � -� . -� � -� �� � -� � -� 01. Overall quality of public safety services(police,fire, and 5 4 3 2 1 9 emergency medical) 02 Overall efforts by the Town to ensure the community is 5 4 3 2 1 9 prepared for emergencies 03. Overall quality of maintenance of Town streets 5 4 3 2 1 9 04. Overall effectiveness of communication by the Town 5 4 3 2 1 9 05. Overall quality of utility services 5 4 3 2 1 9 06. Overall quality of parks,trails,open spaces, 5 4 3 2 1 9 streetscaping,and facilities 07. Overall quali of customer service 5 4 3 2 1 9 08. Overall quality of enforcement of codes and ordinances 5 4 3 2 1 9 09 Overall quality of government services provided by the 5 4 3 2 1 9 Town of Westlake 10. Overall value you receive from your tax dollars and fees 5 4 3 2 1 9 11. Overall value of Westlake Academ to the Town 5 4 3 2 1 9 2. Which THREE of the services listed in Question 1 are MOST IMPORTANT to you?(Write-in your answers below using the numbers from the list in Question 1.] 1 st: 2nd: 3rd: 3. Satisfaction with Specific Types of Services Provided by the Town. Using a scale of 1 to 5,where 5 means "Very Satisfied" and 1 means "Very Dissatisfied," please rate your level of satisfaction with each of the following. . •� . -� � -� �� � -� � -� . � 01. Quality of local police protection 5 4 3 2 1 9 02. Visibilityofpolicein neighborhoods 5 4 3 2 1 9 03. How quicklypolicerespond toemergencies 5 4 3 2 1 9 04. Efforts of the Town to prevent crime 5 4 3 2 1 9 05. Level of trafficenforcement 5 4 3 2 1 9 � 06. Quality of fire services 5 4 3 2 1 9 07. Quality of emergency medical services 5 4 3 2 1 9 O$ Response timeof fire and emergency medical services 5 4 3 2 1 9 personnel - .- -�. -� 09 Response efforts by the Town Staff during extreme 5 4 3 2 1 9 weather conditions Efforts by the Town Staff to inform residents of 10. hazardous road conditions, potential inclement weather 5 4 3 2 1 9 &closures 02017 ETC InstitutefortheTownof Westlake Page 1 (Question 3 continued) . -� � -� � -� �. � -� � -� �. � 11. Condition of major streets in Westlake 5 4 3 2 1 9 12. Condition of streets in your neighborhood 5 4 3 2 1 9 13. Cleanlinessof streets and other publicareas 5 4 3 2 1 9 14. Trafficflow antl congestion management in Westlake 5 4 3 2 1 9 . . ..� - 15. Efforts by the Town to keep you informed about 5 4 3 2 1 9 Council meetings,Town projects, issues,and events 16. Timeliness of information provided by the Town 5 4 3 2 1 9 17. Completeness of the informationprovided b the Town 5 4 3 2 1 9 18. Usefulness ofthe Westlake Wirecommunications 5 4 3 2 1 9 19. Usefulness of social media efforts 5 4 3 2 1 9 20. Ease of use of the Town's website 5 4 3 2 1 9 21. Avai I abi I ity/Accessibi I ity of Town records 5 4 3 2 1 9 22. Opportunities provided for public input 5 4 3 2 1 9 . 23. Maintenance of Town-owned Glenwyck Park 5 4 3 2 1 9 24. Number of publicly-accessible parks and trails 5 4 3 2 1 9 25. Maintenance of streetscaping and open spaces 5 4 3 2 1 9 26. Residential trash/recyclingcollectionservices 5 4 3 2 1 9 27. Yard waste &bulky item removal services 5 4 3 2 1 9 28 Town efforts to promote water conservation and protect 5 4 3 2 1 9 water resources 29. Household hazardous waste disposal service 5 4 3 2 1 9 30. Efforts by the Town to manage storm water run-off 5 4 3 2 1 9 31. Qualityof(drinking)water utilityservices 5 4 3 2 1 9 32 Level of participation by Town Staff in community 5 4 3 2 1 9 events/neighborhootl meetings 33. Timeliness of Town Staff to concerns/issues(<24 4 3 2 1 9 hours) 34. FriendlinessofTown Staff 5 4 3 2 1 9 35. Municipal court services 5 4 3 2 1 9 36. Juryserviceexperience 5 4 3 2 1 9 .� • . 37. Enforcing the exteriorappearance and maintenance 5 4 3 2 1 9 regulations for property 38. Enforcing sign regulations 5 4 3 2 1 9 02017 ETC InstitutefortheTownof Westlake Page2 4. Reasons for Moving to Westlake. Using a scale of 1 to 5, where 5 means "Extremely Important" and 1 means "Not Important,"please indicate how important the following issues were in your decision to move to the Town of Westlake. � . �. �� �� � �� . �� . �� , �� . 01. Sense of community 5 4 3 2 1 9 02. Qualityof life 5 4 3 2 1 9 03. Small town feel 5 4 3 2 1 9 04. Aesthetic appeal &high development standards 5 4 3 2 1 9 05. Westlake Academy 5 4 3 2 1 9 06. Access to other public schools (Keller,Northwest or 5 4 3 2 1 9 Carroll ISD) 07. Proximitytoprivateschools 5 4 3 2 1 9 08. Low crimerates/qualityof public safety 5 4 3 2 1 9 09. EmploymentopportunitiesintheWestlakearea 5 4 3 2 1 9 10. Access to DFW airport 5 4 3 2 1 9 11. Access to major highways 5 4 3 2 1 9 12. Type of housing available 5 4 3 2 1 9 13. Quality of your subdivision 5 4 3 2 1 9 14. Westlake as a retirement destination 5 4 3 2 1 9 15. Number of publicly accessible parks&trails 5 4 3 2 1 9 16. Subdivisionamenities(airpark,golfclub, parks,etc.) 5 4 3 2 1 9 5. Which THREE of the reasons listed in Question 4 are the MOST IMPORTANT reasons why you will stay in Westlake forthe next 5 years?(Write-in youranswers belowusing the numbers from the list in Question 4.] 1 st: 2nd: 3rd: 6. Overall, how familiar are you with the following information? � • 1. The Town's Comprehensive Plan 3 2 1 2. The Town's Strategic Plan 3 2 1 3. The Town's Vision,Values,and MissionStatements 3 2 1 4. The Town's lighting standards 3 2 1 5. The Town's open space requirementsfor development 3 2 1 6. Zoning standards within the Town 3 2 1 � Allowed uses (zoning entitlements)for existing planned development 3 2 1 districtswithinthe Town 02017 ETC InstitutefortheTownof Westlake Page3 • • � � .�� - � � - • • • 1. Decoration Day 5 4 3 2 1 2 Any of the Master Works concert series 5 4 3 2 1 events 3 Other Westlake Historical Preservation 5 4 3 2 1 Society events 4 Westlake Historical Preservation Society's 5 4 3 2 1 Classic Car Show 5. WestlakePublicArtsSocietyevents 5 4 3 2 1 6. Counci I M eeti ng 5 4 3 2 1 7. Board of Trustees Meetin 5 4 3 2 1 8. Planning&Zoning Committee Meeting 5 4 3 2 1 (1)Yes,within the past 12 months�Answer 8a-b.] (3) No, but I am aware of the meetings(Answer 8c-d.] (2)Yes, more than 12 months ago�Answer 8a-b.] (4) No, and I am not aware of the meetings�Answer 8c-d.] 8a. Was the meeting informative? (1)Yes (2) No 8b. Did you have the opportunityto discuss your ideas/concerns? (1)Yes (2) No 8c. Will you attend a neighborhood meeting in thefuture? (1)Yes (2) No 8d. Do you think these types of ineeting are useful? (1)Yes (2) No (1)Annually (2)Twice a year (3) Every other year (9) Don't know (1)Yes(Skipto 12.] (2) No(Answer 11b-d.] - If your children pre them in the future? (1)Yes (2) No 02017 ETC InstitutefortheTownof Westlake Page4 12. What is yourage? (1) 18-34 years (2)35-54 years (3)55-74 years (4)75+years 13. How many years have you lived in Westlake? years 14. In which subdivision do you live? (1)Stagecoach Hills (3)Terra Bella (5) Glenwyck Farms (7) Granada (2)Vaquero (4)Wyck Hill (6) Mahotea Boone 15. Which of the following BEST describesyourtotal annual household income? (1) Under $50,000 (3)$150,000 -$500,000 (2)$50,000 -$149,999 (4) Over$500,000 16. Gender: (1) Male (2) Female 17. Overall, how safe do you feel in the Town of Westlake? (4)Very Safe (3) Safe (2) Unsafe (1)Very Unsafe (9) Don't Know 18. Overall, how would you rate the Town of Westlake as a place to live? (4) Excellent (3) Good (2)Average (1) Poor (9) Don't Know � If you have any other comments or a question yo write the information in the space provided below. The Town of Westlake thanks you for completing this survey. Please return your completed document in the enclosed postage-paid envelope, addressed to: ETC Institute 725 W. Frontier Circle Olathe, KS 66061 Your response will remain completely confidential. The address information printed to the right will ONLY be used to help identify areas with specific needs. If your address is not correct, please provide the correct information.Thank You. 02017 ETC InstitutefortheTownof Westlake Page5 Sample Questions for Bond Issuance/Facility Expansion for WA Option A If$100 were available for the Town to fund service delivery areas or capital improvement initiatives how would you allocatethe revenues among the categories offunding listed below? Please be sure your total adds up to$100. $ Further Development of Trails/Open Spaces $ Public Safety Efforts $ Expansion of Facilities for Westlake Academy $ Other: $100 TOTAL Option B The Town Council continues to evaluate our options as it relates tofacility needs on the campus of Westlake Academy.As part of any expansion offacilities,it is likely the debt would need to be financed (i.e. theTown will borrow the funds). The cost for new facilities is estimated to be between$10 million and $25 million in build costs based on the number of buildings built, final design,and the cost of materials. The payments for the debt most likely will be made through an increase tothe yearly property taxes you pay on property within the community (residential and commercial).The table below details the estimated monthly increase on an 'average valued' home in Westlake. The numbers shown below are approximates and will fluctuate based on the amount of debt issued, the interest rate obtained, the value of your individual property established by the appraisal district and are for estimating purposes only. AverageHomeValue CurrentAnnualAmt. EstimatedAnnualAmt. EstimatedAnnuallncrease $1.8 Million $3,020 $3,580- $4,240 $560—$ 1,220 $2.5 Million $4,190 $4,980- $ 6,165 $790-$ 1,975 $S.OMillion $8,390 $9,970- $ 12,330 $ 1,576- $ 3,936 17. Knowing that voting "Yes"would likely result in an increase to your yearlytown property tax rate, how would you vote on a proposed increasethatwould allowtheTownto expandthefacilities on theAcademy campus? (1)Vote in favor(Skip to Q .] (2)Might vote in favor�Skip to Q .] (3)Not sure(Answer Q .] (4)Vote against�AnswerQ .] 17a. If you answered, "Not sure"or"Vote against" to Question 17, please ind icate why you answered th is way.(Check all that apply.] (1)I need more information before I can answer (2)I would support replacing the'old' portable buildings with 'new' portable buildings (3)I am not opposed to using portables on campus (4)I do not have children attending the school (5)I do not support any increaseto taxes (6)Other: • Concerns with this approach—does itgive them enough informationto make an informed choice?(i.e.the number and types of buildings,what Programme's will gain capacity,howwill this affect residential enrollmentspace,etc.) • Does it need to outline the potential tax rate and contain information on removingthe portable buildings? Town Council/ Boa rd of Trustees Item# 10 — Executive Session The Town Council will conduct a closed session pursuant to Texas Government Code annotated,Chapter 551,Subchapter D for the following: a. 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. b. Section 551.071(2)—Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. Section 551.071(2)- Consultation with Attorney—to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. Town Council/ Board of Trustees Item # 11 — Reconvene Town Council/Board of Trustees Meeting Town Council/ Board of Trustees Item # 12 — Necessary Action TAKE ANYACTION,IF NEEDED,FROM EXECUTIVE SESSION ITEMS. Town Council/ Board of Trustees Item # 13 — Recap and Staff Direction Town Council/ Board of Trustees Item # 14 — Future Agenda Items FUTURE AGENDA ITEMS: Any Town Council/Board of Trustees Member may request at a workshop and orTown Council/Board of Trustees meeting, under ��Future Agenda Item Requests", an agenda item for a future Town Council/Board of Trustees meeting. The Town Council/Board of Trustees Member making the request will contact the Town Manager/Superintendent with the requested item and the Town Manager/Superintendent will list it on the agenda. At the meeting, the requesting Town Council/Board of Trustees Memberwill explain the item, the need forTown Council/Board of Trustees discussion of the item, the item's relationship to the Town Council/Board of Trustees strategic priorities, and the amount of estimated staff time necessary to prepare for Town Council/Board of Trustees discussion. If the requesting Town Council/Board of Trustees Member receives a second, the Town Manager/Superintendent will place the item on the Town Council/Board of Trustees agenda calendar allowing for adequate time for staff preparation on the agenda item. a. Approved by Council for Discussion i. Historical Designations forvarious properties in Westlake(5/24) ii. Quarterly HOA Board Meeting Discussions (8/23) b. Submitted for Review & Archive i. Form a committee to explore finance options regarding building permanent buildings to replace the portables at Westlake Academy: options to build partnerships without Town's biggest stake-holders, so that the expense does not fall entirely on taxpayers. (Councilmember White) ii. Amend the Town Ordinance(s) such that the Executive Director of Westlake Academy is selected by a final approval by the Westlake Academy Board of Trustees. (Councilmember White) iii. Amend the Town Ordinance(s) such that we require the Superintendent of Westlake Academy hold a minimum level of credentials as noted below: a. Hold a Master's degree or higher in Education. b. Be enrolled in or have graduated from a Superintendent Certification Program (Councilmember White) iv. Amend the Town Ordinance(s) to separate the positions of Town Manager and Superintendent. (Councilmember White) v. Discussion regarding governance enrichment as a follow up to our Council retreat on May 24t" with Mike Conduff. (Mayor Wheat) vi. Social media policy as it relates to bullying. (Mayor Wheat) vii. Social media education policyforK-12. (MayorWheat) Town Council/ Boa rd of Trustees Item # 15 — Adjournment