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HomeMy WebLinkAbout11-01-21 Joint TC BOT agenda packetTC Executive Session Agenda – 11/01/21 Page 1 of 1 TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE SESSION MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 November 1, 2021 4:00 P.M. V ision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an 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 ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 4. ADJOURNMENT 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, October 29, 2021, by 4:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Todd Wood, Town Secretary TC /BOT Agenda – 11/01/2021 Page 1 of 3 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 NOVEM BER 1, 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 1 , 2021. A recording of this meeting will be made and will be availab le to the public in accordance with the Open Meetings Act. Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Regular Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 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 if the item is posted as a Public Hearing. The Town 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. PRESENTATION AND RECOGNITION OF WESTLAKE ACADEMY STUDENTS. 5. 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. 6. 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 WA 21-24, amending the Westlake Academy Discipline Policy. b. Consider approval of Resolution WA 21-25, amending the Westlake Academy Attendance Policy. TC /BOT Agenda – 11/01/2021 Page 2 of 3 c. Consider approval of Resolution WA 21-26, amending the 2021-2022 Westlake Academy Academic calendar . d. Consider approval of Resolution 21-40, authorizing the Town Manager to enter into a contract with the artist Michael Singer regarding a public art installation project for the Town of Westlake. e. Consider approval of Ordinance 94 3, amending chapter 90, Article II, traffic and speed control, D ivision 3, speed, sections 90-79, certain streets, subsection 16 altering the prima facie speed limits for vehicles under the provisions of section 545.356 of the State of Texas Transportation Code upon State Highway 170 or parts thereof within the corporate limits of the Town of Westlake. 7. PRESENTATION AND DISCUSSION OF THE TOWN COUNCIL / BOARD OF TRUSTEE ETHICS, RELATIONS, AND GOVERNANCE POLICY – PREVIOUSLY TITLED COUNCIL/BOARD ETHICS POLICY. 8. TOWN MANAGER/SUPERINTENDENT UPDATE. a. Classroom, Club, Sports Closures due to illness/COVID. 9. 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. 10. RECONVENE MEETING. 11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 12. COUNCIL RECAP/STAFF DIRECTION . 13. 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 TC /BOT Agenda – 11/01/2021 Page 3 of 3 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. Live stream Council Meetings ii. Meet the Candidate forums during the Election cycle 14. ADJOURNMENT 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, October 29, 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 the Tow n Secretary’s Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made to assist you. United States Pledge "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." Texas Pledge “Honor the Texas flag; I pledge allegiance to the, Texas, one state under God, one and indivisible.” Town Council/Board of Trustees Item # 2 – Pledge of Allegiance 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 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. Town Council/Board of Trustees Item #3 – Citizen Comments There is no backup material provided with this item. Town Council/ Board of Trustees Item #4 – Presentation and Recognition of Westlake Academy students. ITEMS OF COMMUNITY INTEREST: Town Council/Board of Trustees Reports on Items of Community Interest , pursuant to Texas Government Code Section 551.0415, the Town Council/ Board of Trustees 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. Calendar of Meetings/Events: Coffee & Conversation Monday, November 1, 2021; 8:00 am Sip Stir Coffee 1301 Solana Blvd, Westlake Board of Trustees Meeting Monday, November 1, 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 (In-person, limited seating for social distancing) Planning & Zoning Meeting Monday, November 8, 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 (In-person, limited seating for social distancing) New Residents Meeting Tuesday, November 9, 2021; 6:00 pm Laura and Doug Wheat’s Home Town Council Work Session/Meeting Monday, November 15, 2021; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 (In-person, limited seating for social distancing) 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 Town Council/Board of Trustees Item # 5 – Items of Community Interest *Reminder: Agendas for all municipal/academic meetings are posted a minimum of 72 hours before the meeting begins and can be found on our Town’s website under the tab “Government/Agendas & Minutes .” **For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. Page 1 of 2 BOARD OF TRUSTEES AGENDA ITEM Regular Meeting - Consent Item Monday, November 01, 2021 TOPIC: Consider a resolution amending the Westlake Academy discipline p olicy. STAFF: Dr. Mechelle Bryson, Executive Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Curriculum Outcome Objective Academic Excellence Academic Operations PYP / MYP / DP Optimize Student Potential SUMMARY Reviewing Westlake Academy board policies in order to ensure that adopted policies meet State and Federal mandates is the obligation of the Academy. In addition to reviewing existing policies, the administration is also obligated to identify any policy gaps in order to determine the need for the adoption of new policies. Streamlining board policies and evaluating the effectiveness of board policies is a continuous improvement process that must be initiated in order to maintain the efficient operation of the Academy. In reviewing the current discipline policy and our ocassional issues with excessive absences, it is necessary to admend the Westlake Academy discipline policy in order to address excessive absences and to set clear disciplinary consequences. Th e following has been added to the discipline policy (changes are in red): In addition to the above provisions, the following conduct may result in appropriate discipline, up to and including expulsion: Page 2 of 2 • Any conduct by a student that poses a risk to the safety of the student, other students, school employees, or school property may be treated as a serious offense; and • Excessive absences, which is defined as 10 or more consecutive unexcused absences. These updates are designed to assist the Academy in meeting the attendance and budgetary requirements. COUNCIL ACTION/OPTIONS Board of Trustee action options are to approve or deny approval of the amended discipline policy . STAFF RECOMMENDATION Staff recommends approval of the amended Discipline Policy. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms : N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution and policy WESTLAKE ACADEMY RESOLUTION 2 1-24 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING THE DISCIPLINE POLICY - NO. 5.02 . WHEREAS, Westlake Academy ensures compliance with all state and federal policies and procedures; and WHEREAS, Westlak e Academy believes that no student has the right to impede the education of another student or disrupt the learning environment including their own ; and WHEREAS, Westlake Academy believes that excessive absences is disruptive to student learning; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: 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 Board of Trustees Westlake Academy, hereby approves the amended discipline policy for Westlake Academy attached to this resolution 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 the inv alid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 1st DAY OF NOVEMBER, 202 1. ___________________________________ Laura Wheat, President ATTEST: ________________________________ ___________________________________ Todd Wood, Board Secretary Amanda DeGan, Sup erintendent APPROVED AS TO FORM: ________________________________ Janet S. Bubert or L. Stanton Lowry, School Attorney Exhibit “A” TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 5.02: Date Board Adopted: August 3, 2009 Date Board Amended: November 1, 2021 Effective Date: November 1, 2021 Policy Category: Governance Policy Name: Discipline Policy Goal: Description of the discipline policy Policy Description: Our primary belief is that no student or member of the Westlake Academy community has the right to impede the education of another student. Any behavior, which is disruptive to the learning environment, will not be tolerated and appropriate disciplinary action will be taken, as necessary, to ensure the integrity of the learning environment. The Academy encourages parents to work with their children and school personnel to establish clear expectations for student behavior. Staff and students will use the IB learner profile attributes as a basis for the development of a constructive behavior environment. Every effort will be made to develop positive consequences, which can be applied to individual students as well as classrooms. Consistency is important and will be a priority in decisions involving student behavior and discipline in order to establish firm and consistent limits for students. The IB program also establishes a positive educational environment for both the student and teacher. Parent/Student Handbook: Each y ear, Westlake Academy shall make available the Parent/Student Handbook, which shall include a Code of Conduct that describes the acceptable standards of student conduct and the disciplinary consequences applicable to violations of the standards of conduct, school trip policies or other school or classroom rules. Through their enrollment in the Academy, both parents and students acknowledge access to the Parent/Student Handbook, which is available on the school’s website or in hard copy upon request. Revisions to the Handbook that are made during the school year shall be made available promptly to students, parents, teachers, administrators, and others. Progressive Discipline: Generally, consequences for disregarding acceptable standards of conduct or school and classroom rules will include one or more of the following: 1. Warning from teacher or any member of school staff and r eflection by student 2. Disciplinary action from classroom teacher, parent notification, and reflection by the student 3. For more serious offenses, Principal directed disciplinary action, parent notification, and reflection by the student 4. For repeated infractions or serious offenses, disciplinary action by the Principal or Superintendent, parent notification and reflection by the student Disciplinary consequences will be reviewed by school personnel according to a grid system. The grid will identify types of offenses, which are categorized into three (3) levels based on severity. Each level will identify the disciplinary consequences that may apply to offenses within that level. The grid will be updated and published in the Parent/Student Handbook on an annual basis. Disciplinary consequences may include: 1. Detention / Restitution-Reflection Activity (RRA) 2. Saturday School 3. In-school Suspension 4. Out-of -school Suspension 5. Expulsion 6. Or other consequences determined by the Principal or Superintendent to be appropriate in compliance with the procedures identified in the Parent/Student Handbook. Guidelines for Discipline Procedure: Westlake Academ y personnel shall adhere to the following general guidelines when imposing discipline: 1. A student shall be disciplined when necessary to improve the student’s behavior, to maintain essential order, or to protect other students, school employees, or property. 2. Students shall be treated fairly and equitably. Discipline shall be based on a careful assessment of the unique circumstances of each case following any applicable investigation. Factors that may be considered include: a. Investigative documentation of alleged offense; b. Seriousness of the offense; c. Student’s age; d. Frequency of misconduct; e. Student’s attitude; f. Potential effect of the misconduct on the school environment; g. Provisions of the Parent/Student Handbook. 3. Investigative processes may include, but are not limited to: a. Personal accounts of teachers/staff members b. Interviews/written statements of the student facing disciplinary action c. Interviews/written statements of other students involved in or witnesses to the alleged incident d. Search of student belongings (see the Interrogations and Searches Policy) 4. When applicable, the following steps will be taken to ensure Westlake Academy students receive appropriate due process: • The student will be informed of the prohibited conduct or rule violation that he/she is alleged to have committed. • The student will be provided information related to the factual basis for the allegations. • The student will have an opportunity to respond to the allegations and provide any additional information relevant to the allegations, including any defenses or other mitigating factors. Discipline Processes: As stated, conduct violations will be reviewed according to a discipline grid. • Level I – discipline consequences shall be handled by the classroom / subject matter teacher. • Level II and III – discipline consequences shall be handled by the Principal / Assistant Principal as appropriate. School personnel may request immediate intervention by the Principal or Superintendent in any disciplinary matter. Parents will be notified promptly if a student’s behavior may result in a disciplinary consequence that includes detention for which the parent may need to make alternative transportation plans for the student, in-school suspension, out-of -school suspension, or proposed expulsion. The consequences for a serious offense may result in disciplinary action up to and including expulsion on the first offense. Expellable Offenses: A student may be expelled if the student commits the following on or within 300 feet of school pr operty, as measured from any point on the school’s real property boundary line or while attending a school-sponsored or school-related activity on or off school property: 1. Engages in conduct punishable as a felony; 2. Engages in conduct that contains the elements of assault, under Penal Code 22.01(a)(1); 3. Sells, gives, or delivers to another person, or possesses, uses, or is under the influence of: a. Marijuana or a controlled substance, as defined by the Texas Controlled Substances Act, Health and Safety Code C hapter 481, or by 21 U.S.C. 801, et seq; b. A dangerous drug as defined by the Texas Dangerous Drug Act, Health and Safety Code, Chapter 483; 4. Sells, gives, or delivers to another person an alcoholic beverage, as defined by the Alcoholic Beverage Code, 1.04, or commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage; 5. Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Health and Safety Code, 485.031 through 485.034; 6. Engages in conduct that contains the elements of the offense of public lewdness under Penal Code, 21.07; 7. Engages in conduct that contains the elements of the offense of indecent exposure under Penal Code, 21.08; 8. Uses or possesses tobacco products; 9. Engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Texas Penal Code 42.06, or terroristic threat under Texas Penal Code 22.07. Westlake Academy does not have a Disciplinary Alternative Education Program (DAEP). A student engaging in conduct that would support a mandatory or discretionary placement in a DAEP under the Texas Education Code may be subject to expulsion from Westlake Academy . In addition to the above provisions, the following conduct may result in appropriate discipline, up to and including expulsion: • Any conduct by a student that poses a risk to the safety of the student, other students, school employees, or school property may be treated as a serious offense; and • Excessive absences, which is defined as 10 or more consecutive unexcused absences. Gun-Free Schools Act: In accordance with the Gun-Free Schools Act, Westlake Academy shall expel any student who is determined to have brought a firearm, as defined by federal law, to school. 20 U.S.C. § 7151; Tex. Educ. Code §§ 12.104(b)(1), 37.007(e). For purposes of this policy, “firearm” means: 1. Any weapon (including a starter gun) which will, or is designed to, or which may readily be converted to expel a projectile by the action of an explosive; 2. The frame or receiver of any such weapon; 3. Any firearm muffler or firearm silencer; and 4. Any destructive device, which means any explosive, incendiary, or poison gas bomb, grenade, rocket hav ing a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any of the preceding described devices. It also means any type of weapon (other than a shotgun shell or a shotgun that is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and any combination of parts either designed or intended for use in converting any device into a destructive device as described in this item, and from which a destructive device may be readily assembled. 18 U.S.C. § 921. Expulsion Procedures: Before a student may be expelled, the student shall be provided a hearing at which the student is afforded appropriate due process as required by the federal constitution. The minimum procedural requirements necessary to satisfy due process depend upon the circumstances and the interests of the parties involved. Federal due process requires notice and some opportunity for a hearing. Upon recommendation for expulsion by a principal, a hearing shall be scheduled before the Superintendent or designee. 1. Notice. The notice shall contain a statement of the specific charges and grounds that, if proven, would justify expulsion. The student may be given the names of the witnesses against him or her and/or an oral or written report on the facts to which each witness testifies. 2. Hearing. The rights of the student may properly be determined upon the hearsay evidence of school administrators who investigate disciplinary infractions. The results and findings of the hearing should be presented in a report open to the student’s inspection. Dixon v. Alabama State Bd. of Educ., 294 F.2d 150 (5th Cir. 1961), cert. denied, 368 U.S. 930 (1961). 3. Representative. At the hearing, the student is entitled to be represented by the student’s parent, guardian, or another adult who can provide guidance to the student and who is not an employee of the Academy. If the Academy makes a good-faith effort to inform the student and the student’s parent or guardian of the time and place of the hearing, the Academy may hold the hearing regardless of whether the student, the student’s parent or guardian, or another adult representing the student attends. 4. Expulsion Order. The Superintendent shall deliver a copy of the order expelling the student to the student and the student’s parent or guardian. Notice of the expulsion order shall also be forwarded to the student’s home school district in compliance with state law. 5. Effect of Withdrawal. If a student withdraws from the Academy before an order for expulsion is entered, the principal or Board, as appropriate, may complete the proceedings, enter an order, and notify the student’s home school district. The home district will determine whether or not to uphold the expulsion and/or place students in an alternative education program. Disciplinary Appeals: Disciplinary consequences that do not result in removal from the regular classroom may be reviewed at the campus level, but may not be appealed beyond the campus level. Out-of -School Suspension: A student assigned out-of -school suspension by a principal may appeal the decision to the Superintendent. The Superintendent or his/her designee will review the campus-level investigation and may conduct interviews or additional investigation if deemed appr opriate. Within ten school days of receiving the appeal request, the Superintendent or designee will provide notice of his/her decision to: 1. Uphold the suspension; 2. Overturn the suspension; or 3. Assign an alternative consequence. The Superintendent or designee’s decision is final and may not be appealed. Expulsion: An order by the Superintendent or designee to expel a student may be appealed to the Board. Dates Amended: 08/16/10 08/12/13 11/1/21 Page 1 of 2 BOARD OF TRUSTEES AGENDA ITEM Regular Meeting - Consent Item Monday, November 01, 2021 TOPIC: Consider a resolution approving amendments to the Westlake Academy Attendance Policy . STAFF: Dr. Mechelle Bryson, Executive Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Curriculum Outcome Objective Academic Excellence Academic Operations PYP / MYP / DP Optimize Student Potential SUMMARY Reviewing Westlake Academy board policies in order to ensure that adopted policies meet State and Federal mandates is the obligation of the Academy. In addition to reviewing existing policies, the administration is also obligated to identify any policy gaps in order to determine the need for the adoption of new policies. Streamlining board policies and evaluating the effectiveness of board policies is a continuous improvement process that must be initiated in order to maintain the efficient operation of the Academy. In reviewing the current attendance policy and our ocassional issues with excessive absences, it is necessary to admend the Westlake Academy attendance policy in order to address excessive absences and to set clear disciplinary consequences. Th e following has been added to the attendance policy (changes are in red): Excessive absences, which is defined as 10 or more consecutive unexcused absences may result in appropriate discipline, up to and including expulsion. Page 2 of 2 These updates are designed to assist the Academy in meeting the attendance and budgetary requirements. COUNCIL ACTION/OPTIONS Board of Trustee action options are to approve or deny approval of the amended attendance policy . STAFF RECOMMENDATION Staff recommends approval of the amended Attendance Policy. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms : N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution and policy WESTLAKE ACADEMY RESOLUTION 2 1-25 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING THE ATTENDANCE POLICY - NO. 3.02 . WHEREAS, Westlake Academy ensures compliance with all state and federal policies and procedures; and WHEREAS, Westlak e Academy believes that no student has the right to impede the education of another student or disrupt the learning environment including their own ; and WHEREAS, Westlake Academy believes that excessive absences is disruptive to student learning; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: 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 Board of Trustees Westlake Academy, hereby approves the amended attendance policy for Westlake Academy attached to this resolution 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 the inv alid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 1st DAY OF NOVEMBER, 202 1. ___________________________________ Laura Wheat, President ATTEST: ________________________________ ___________________________________ Todd Wood, Board Secretary Amanda DeGan, Su perintendent APPROVED AS TO FORM: ________________________________ Janet S. Bubert or L. Stanton Lowry, School Attorney Exhibit “A” TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 3.02: Date Board Adopted: August 3, 2009 Date Board Amended: November 1, 2021 Effective Date: November 1, 2021 Policy Category: Parent, Student and Faculty Relations and Expectations Policy Name: Attendance Policy Goal: To encourage attendance and outline student and parent requirements Policy Description: Regular and consistent attendance is required to achieve academic success at Westlake Academy. Poor attendance is a major contributing factor toward receiving unsatisfactory grades and results in an additional commitment of after school hours to complete m ake-up assignments and review of class lecture notes. Compulsory Attendance Students who are at least six years of age, or who have been previously enrolled in first grade, and who have not yet reached their 19th birthday shall attend school for the entire period the program is offered, unless exempted as indicated below. On enrollment in prekindergarten or kindergarten, a student shall attend school. Education Code 25.085(a)–(c) Westlake Academy requires cooperation fr om parents in the matter of school attendance and punctuality. Parents should: • Ensure your child arrives and is picked up on time each day. Families who do not pick up their students by the time specified in the Parent/Student Handbook may be subject to a late pick up fee after the second offense. • Schedule routine medical and dental appointments after school hours when possible. • Schedule family vacations during the school’s vacation days and notify the school prior to any planned absence. • Parents should inform the office before 10:00 am of any absences. A student is exempt from compulsory attendance requirements if: 1. The student is eligible to participate in a district’s special education program under Education Code 29.003 and cannot be appropriately ser ved by the resident district. 2. The student has a temporary and remediable physical or mental condition that makes attendance infeasible and the student has a certificate from a qualified physician specifying the temporary condition, indicating the prescribed treatment, and covering the anticipated period of absence for the purpose of receiving and recuperating from remedial treatment. Education Code 25.086 Voluntary Enrollment of Students 19 and Over A person who voluntarily enrolls in school or voluntar ily attends school after the person’s 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A board may adopt a policy requiring the student who is under 21 years of age to attend school until the end of the school year. After the third unexcused absence of a person who voluntarily enrolls, a district shall issue a warning letter to the person that states the person’s enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absenc es in a semester. A district may revoke for the remainder of the school year the enrollment of a person who has more than five unexcused absences in a semester, except a school district may not revok e the enrollment of a person under this provision on a day on which the person is physically present at school. Excessive absences, which is defined as 10 or more consecutive unexcused absences may result in appropriate discipline, up to and including expulsion. A person whose enrollment is revoked for exceeding this limit may be considered an unauthorized person on school grounds for the purposes of Education Code 37.107 regarding trespassing. As an alternative to revoking a person’s enrollment, a school district may impose a behavior improvement plan described by Education Code 25.0915(a-1)(1). Education Code 25.085(e)–(h) Excused Absences A district shall excuse a student from attending school for the following purposes: 1. Observing religious holy days, including one day of tr avel to and from the site where the student will observe the holy days, if necessary. 2. Attending a required court appearance, including one day of travel to and from the site where the court is located, if necessary. 3. Appearing at a governmental office to complete paperwork required in connection with the student’s application for United States citizenship, including one day of travel to and from the site of the governmental office, if necessary. 4. Taking part in a United States naturalization oath ceremony, including one day of travel to and from the site of the ceremony, if necessary. 5. Serving as an election clerk, including one day of travel to and from the site where the student will serve as an election clerk, if necessary. 6. A student in the conservatorship of the Department of Family and Protective Services (DFPS) shall be excused in order to participate, as determined and documented by DFPS, in an activity: A. Ordered by a court under Family Code Chapter 262 or 263, provided that it is not practicable to schedule the participation outside of school hours, or B. Required under a service plan under Family Code Chapter 263, Subchapter B. Education Code 25.087(b)(1); 19 TAC 129.21(j)(3) 7. A temporary absence resulting from an appointment with a health-care professional for the student or the student’s child if the student commences classes or returns to school on the same day of the appointment. The student or parent must provide documentation of the appointment from the health-care professional. “Temporary absence” also includes an absence of a student diagnosed with autism spectrum disorder on the day of the student’s appointment with a health-care practitioner to receive a generally recognized servic e for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy. Education Code 25.08(b)(2), (b-3); 19 TAC 129.21(j)(3) 8. For students in the Diploma Program (11th or 12th grade), an absence to visit an institution of higher educ ation accredited by a generally recognized accrediting organization for the purpose of determining the student’s interest in attending the institution of higher education. Excused absences under this provision may not exceed two days and must be supported by documentation to verify the student’s visit at the institution of higher education. Education Code 25.087(b-2); 19 TAC 129.21(j)(3) 9. A student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, shall be excused from school to visit with the student’s parent, stepparent, or guardian. An absence under this provision may not exceed five days in a school year. An excused absence under this provision must be taken not earlier than the 60th day before the date of deployment or not later than the 30th day after the date of return from deployment. Education Code 25.087(b-4) 10. A student who is 17 years of age or older may be excused from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that: the absence is not for more than four days of school during the period the student is enrolled in high school; and the Academy verifies the student’s activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard. Education Code 25.087(b-5), (b-6) 11. A student in grades 6 through 12 may be excused for the purpose of sounding “Taps” at a military honors funeral held in this state for a deceased veteran. Education Code 25.087(c) Documenting Attendance & Make-Up Work A student whose absence is excused for a reason described above shall not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students. The student shall be allowed a reasonable time to make up schoolwork missed on the days. If the student satisfactorily completes the work, the days of absence shall be counted as days of compulsory attendance. Education Code 25.087(d) Notice to Parents The Academy shall notify a student’s parent in writing at the beginning of the school year that, if the student is absent from school on ten or more days or parts of days within a six -month period in the same school year, the student’s parent is subject to prosecution under Education Code Section 25.093, and the student is subject to refer ral to a truancy court for truant conduct under Family Code Section 65.003(a). Notice of Absences The Academy shall notify a student’s parent if the student has been absent from school, without excuse under Education Code Section 25.087, on three days or parts of days within a four-week period. The notice must: 1. Inform the parent that: a. It is the parent’s duty to monitor the student’s school attendance and require the student to attend school; and b. The student is subject to truancy prevention measures under Education Code Section 25.0915; and 2. Request a conference between school officials and the parent to discuss the absences. The fact that a parent did not receive the notices described above is not a defense for the parent’s failure to require a child to attend school nor for the student’s failure to attend school. Education Code 25.095 Parent Contributing to Non-Attendance A parent or person standing in parental relation commits an offense if: 1. A warning notice is issued; 2. The parent with criminal negligence fails to require the child to attend school as required by law; and 3. The child has absences for the amount of time specified under Family Code Section 65.003(a). The attendance officer or other appropriate school official shall file a complaint against the parent in an appropriate court, as permitted under Education Code Section 25.093. Affirmative Defense - Parent It is an affirmative defense to prosecution that one or more of the absences required to be proven was excused by a school official or should be excused by the court. A decision by the court to excuse an absence for this purpose does not affect the ability of the Academy to determine whether to excuse the absence for another purpose. Education Code 25.093 Student Liability A child engages in truant conduct if the child is required to attend school under the compulsory attendance laws and fails to attend school on ten or more days or parts of days within a six -month period in the same school year. Truant conduct may be prosec uted only as a civil case in a truancy court. Family Code 65.003(a), (b) “Child” means a person who is 12 years of age or older and younger than 19 years of age. Family Code 65.002(1) Affirmative Defense - Student It is an affirm ative defense to an allegation of truant conduct that one or more of the absences required to be proven was excused by a school official or by the court or that one or more of the absences were involuntary, but only if there is an insufficient number of unexcused or voluntary absences remaining to constitute truant conduct. The burden is on the child to show by a preponderance of the evidence that the absence was or should be excused or that the absence was involuntary. A decision by the court to excuse an absence does not affect the ability of the district to determine whether to excuse the absence for another purpose. Family Code 65.003(c) Truancy Prevention Measures If a student fails to attend school without excuse on three or more days or parts of day s within a four-week period, but does not fail to attend school for the time described below, the district shall initiate truancy prevention measures on the student. Education Code 25.0915(a-4) Referral to Truancy Court If a student fails to attend school without excuse on ten or more days or parts of days within a six -month period in the same school year, the Academy shall within ten school days of the student’s tenth absence refer the student to a truancy court for truant conduct under Family Code 65.003(a). Education Code 25.0951 Withdrawal of Student In order to continue enrollment from year to year at the Academy, the student or parent must complete the Academy's annual registration process. A student who is not registered by the deadline identified by the Academy and rem ains unregistered after documented attempts to contact the student/parent will be considered withdrawn from the Academy. Additionally, a student who is absent for five consecutive school days without notice and efforts by administrators to contact the student or parent are unsuccessful will be considered withdrawn from the Academy. Additional procedural information as it relates to attendance shall be recorded and published in the Parent/Student Handbook on an annual basis. Dates Amended 10/05/15 08/10/16 11/1/21 Page 1 of 2 BOARD OF TRUSTEES AGENDA ITEM Regular Meeting - Consent Item Monday, November 01, 2021 TOPIC: Consider a resolution approving an amended Academic Calendar for 2021- 2022. STAFF: Dr. Mechelle Bryson, Executive Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Curriculum Outcome Objective Academic Excellence Academic Operations PYP / MYP / DP Optimize Student Potential SUMMARY Westlake Academy’s mission is to provide students with an internationally minded education of the highest quality, so they are well-balanced life-long learners. The Academy’s Academic Calendar is one of the tools that the Academy utilizes to fulfill this mission. In reviewing the spring 2021-2022 Academic Calendar, a school holiday needs to be adjusted. The Westlake Academy Administration is seeking approval to modify the 2021-2022 Academic Calendar by changing: • April 1 , 2022 from a school holiday to a school day; and • April 15 from a school day to a school holiday. Th ese changes align the school holiday with Good Friday and the end of the fifth six weeks. If approved, the WA Academic Calendar will be updated on the WA website and communication will be sent to teachers, parents, and students informing them of the change. Page 2 of 2 COUNCIL ACTION/OPTIONS Board of Trustee action options are to approve or deny approval of the amended Academic Calendar. STAFF RECOMMENDATION Staff recommends approval of the amended Academic Calendar. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms : N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution Updated 2021-2022 Academic Calendar WA Resolution 21-26 Page 1 of 3 WESTLAKE ACADEMY RESOLUTION 2 1-26 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING THE DISCIPLINE POLICY - NO. 5.02 . WHEREAS, Westlake Academy’s mission is to provide students with an internationally minded education of the highest quality, so they are well-balanced life-long learners; and WHEREAS, The Academy’s Academic Calendar is one of the tools that the Academy utilizes to fulfill this mission ; and WHEREAS, Westlake Academy believes that adjusting the 2021-2022 Academic Calendar is necessary to assist students is living a well-balanced life; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westla ke Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: 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 en tirety. SECTION 2 : That, the Board of Trustees Westlake Academy, hereby approves the amended Westlake Academy 2021-2022 Academic Calendar attached to this resolution 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 the inv alid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. WA Resolution 21-26 Page 2 of 3 PASSED AND APPROVED ON THIS 1st DAY OF NOVEMBER, 202 1. ___________________________________ Laura Wheat, President ATTEST: ________________________________ ___________________________________ Todd Wood, Board Secretary Amanda DeGan, Superintendent APPROVED AS TO FORM: ________________________________ Janet S. Bubert or L. Stanton Lowry, School Attorney WA Resolution 21-26 Page 3 of 3 Exhibit “A” Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 01, 2021 TOPIC : Consider approval of a Resolution authorizing the Town Manager to enter into a contract with the artist Michael Singer regarding a public art installation project for the Town of Westlake. STAFF CONTACT: Amanda DeGan, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Encourage Westlake's Unique Sense of Place Time Line - Start Date: November 1, 2021 Completion Date: December 30, 2022 Funding Amount: N/A Status - N/A Source - N/A Contract: Yes Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item concerns a public art project in our community. At our meeting on the 25th of October, the artist Michael Singer, presented his proposal and outlined the project to the Council. This resolution will allow the Town Manager to enter into a contract for the art project so that they may begin the initial design and testing of the artwork. STAFF RECOMMENDATION Staff recommends approval of the resolution with the artist, Michael Singer. Page 2 of 2 FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: Dependent on the project scope. Funding Source: Donations Contract: Yes Forms : Forms 1295 & 2270 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution Contract Res 21 -40 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 2 1-40 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A CONTRACT WITH THE ARTIST, MICHAEL SINGER, FOR A PUBLIC ART INSTALLATION PROJECT WITHIN THE COMMUNITY. WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified “Encourage Westlake ’s Unique Sense of Place” as well as “Preserve Desirability and Quality of Life” as Outcome Objectives in support of the stated Vision and Mission for the community; and, WHEREAS, the Town Council supports the use of distinctive art installations as a part of our community growth; and, WHEREAS, the Town Staff and Consultants have worked with our partners to support this art project; 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 BOARD OF TRUSTEES OF WESTLAKE ACADEMY: 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 a uthorizes the Town Manager to execute the contract with Michael Singer (artist) for a public art installation attached to this resolution 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 the inv alid provision. Res 21 -40 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 1st DAY OF NOVEMBER, 202 1. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ___________________________________ Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanto n Lowry, Town Attorney Singer Studio LLC Cross Timbers Public Art Project 09.27.21 Proposal Page 1 Cross Timbers Public Art Project for the Town of Westlake, Texas 9.27.21 Michael Singer is honored to be selected as the public artist for the Town of Westlake’s first public art project. The public art project known as Cross Timbers (Project) will be built in the Solana Boulevard median just east of the Campus Circle roadway intersection and extending approximately 800’ east (Site). The Site is within and owned by the Town of Westlake, Texas and is approximately 1 acre in size. The Client herein is understood to be the Town of Westlake, Texas (Client). Singer Studio LLC (SGS) is the business entity of artist Michael Singer and his s tudio. SGS plans to work with its Texas licensed engineer Colby Co Engineering (CCE) for all necessary engineering services; additional third-party service providers will be engaged for services such as, but not limited to, geotechnical reports and site surveys. This document shall serve as an Agreement between the Client and SGS. Cross Timbers Project Description Westlake’s natural environment is defined by a landscape known as the Cross Timbers Region, named as such due to the bands of dense low growth forests encountered by early travelers as they headed west. American Forests in its article The Cross Timbers: The Ancient Forest at America’s Crossroads notes: “the Cross Timbers represent a stark transition zone, marking the westernmost limit of the Ea stern deciduous forests, and the eastern border of the Great Western Plains.” The Cross Timbers speaks to the very nature of Westlake and is immortalized by one of America’s greatest authors, Washington Irving in his 1832 book, A Tour on the Prairies. Cross Timbers, as a site-specific work of art, takes this “transition zone” between forest and prairie as a point of departure. The Project is envisioned as a field of gold and silver sculpted metallic elements shimmering in the sun and swaying gently in the wind. These sculpted pieces emerge from a forest of trees and are placed within swathes of native grasses, and are thus intended to both refence the golden grasses of the prairie as well as the “forests of cast iron” noted by Washington Irving when descri bing the Cross Timbers landscape. The sculpted elements are thin, like blades of grass rather than heavy trunks of trees, with the ability to sway in reaction to the wind. The wind driven movement of the elements will mirror the undulation of the grasses below, and together will express the hidden forces of the considerable wind in this region. In the evening these vertical forms will subtly glow from within, their swinging movement revealed by their patterns of light, creating an unexpected and magical env ironment. The Project is expected to vary seasonally, with significant swaying in the winter and spring and more subtle movement and stillness in the fall and summer. The golden colors of the late fall and winter grasses will blend beautifully with the subtle golden tones of the elements creating a palette quite different from the greens of spring and summer. The Cross Timbers Project has evolved over 20 months since April of 2019, when Michael Singer was selected as a semi-finalist in the public art competition initiated by the Client. Michael Singer won the competition and the Client engaged with Mr. Singer to advance the design of the Project, including a change of location to the current Site described above. This Agreement is based on the most cur rent design package produced by SGS for the Project, dated August 7th, 2020 (Design Package) which has been approved by the Client, the Client’s representatives for the Project and the Westlake Public Art Advisory Committee. SGS has been directed to develop the more dense version of the Project with approximately Resolution 21-40 - Exhibit "A" Singer Studio LLC Cross Timbers Public Art Project 09.27.21 Proposal Page 2 120 sculpted elements and the associated larger budget (see page 14 of the Design Package). Cross Timbers Project Scope As the artist for Cross Timbers, SGS and its consultants will ultimately be responsible for the design / engineering, prototyping, fabrication and installation of the artwork components of the Project. The artwork components include the approximately 120 sculpted vertical elements (Elem ents) as described in the Design Package. These Elements are 10’ and 14’ tall and include foundations, structural components, sculptural components and integrated light fixtures. It is understood that SGS is an art studio and that all technical aspects of the design including all engineering will be provided by CCE and other third-party consultants as necessary. Third-party consultants may include, but are not limited to surveyors, and geotechnical engineering companies. Any costs associated with such third-party consultants hired by SGS will be paid directly by SGS. SGS plans to create full-size prototypes of two Elements (Prototypes) in Vermont at the SGS North Studio where they will be studied for their ability to sway in various wind speeds. Working with CCE SGS will develop the swaying mechanisms and stops as necessary and will re-work aspects of the Prototypes until the desired swaying performance and other aesthetic characteristics are achieved. Sculptural patterns, finishes, and lighting will also be studied in the Prototypes. The Scope of Work of this Agreement (below) covers the design, engineering, cost estimating and prototyping of this Project, as well as associated project management in this phase of work. Upon the completion of the Scope of Work under this Agreement, SGS will provide a contract for fabricating and installing the Project. The Scope of Work of this Agreement will develop the design and engineering of the Elements with sufficient detail to estimate the price of each Element and therefore confirm the total number of Elements that will be fabricated under the Project Budget (see below). The Project Site is understood to be open and free for use by SGS to install the Project, including access for all necessary site work, staging, storage and equipment. Details of all required site conditions will be established between SGS and the Client in the future contract for fabrication and installation. Based on the information provided to SGS, it is understood that the Site is free of any utilities or underground conditions that are likely to impact the Project. There is a known duct bank located approximately in the center of the median of the Project Site, but is documented at a significant depth, which, if accurate, is not likely to impact or be impacted by the Project. It is understood that conduits providing power to the existing light fixtures are likely present and may be a power source for the internal lighting of Elements. SGS will research the viability of a solar array to power the internal lighting for all Elements at a conceptual level; this option shall be known as Add Alternate #2. SGS will seek input from local/regional third-party vendors to size and estimate the installed cost of Add Alternate #2. It is understood that the Client will be provided with landscapi ng and other improvements for the Site by a developer operating nearby as a part of that developer’s agreed commitments to the Client. SGS will assist in providing the desired layout of trees and grasses (possibly wildflowers as well) for aesthetic intent only. The Client (working with the developer as appropriate) shall be responsible for all non-artwork site improvements including but not limited to: all new plantings and associated soils, mulch, irrigation, and soil amendments, landscape design including any sealed landscape architecture plans as necessary, removal/ modification of existing light fixtures (including any necessary engineering/ safety studies necessary to determine the viability of removing/ modifying the lighting), removal of existing sod, modification to any existing utilities that may be necessary to complete the Project including modifications/ extensions to the power supply for artwork lighting, any necessary permitting, and any consultant fees contracted by the Client related to this Project. The Client will ensure that SGS is consulted on all third-party work on or near the Project Site prior to the completion of any third-party design or start of any third-party construction. SGS’s review and coordination of third-party work is covered under the Scope of Work below. Cross Timbers Project Budget SGS is being commissioned for the Cross Timbers Project with the denser layout as described on page 14 Singer Studio LLC Cross Timbers Public Art Project 09.27.21 Proposal Page 3 of the Design Package. This denser layout will have approximately 120 Elements (as defined above), with the exact number of Elements to be confirmed prior to the contract for fabrication and installation. The budget for the Project (defined above) is $1,300,000 (Budget) which is inclusive of all design, engineering, surveys, geotechnical reports, shop drawings, fabrication, installation, prototyping, project management, and expenses (travel, insurance, printing, equipment, etc..). As noted above this Budget does not include 3rd party site work, landscaping, power supply or other utility work, modifications to existing lighting, roadways or curbs, engineering or surveying work associated with Add Alternates #1 or #2, or permitting (see above for additional items). Scope of Work This Agreement between the Client and SGS covers the design, engineering, cost estimating and prototyping for the Project. Upon the completion of the Scope of Work under this Agreement, SGS will provide a separate contract for fabrication and installation. The Scope of Work under this Agreement is as follows: 1. Concept Design: The initial conceptual design for Cross Timbers has developed over multiple iterations since April of 2019. The current Design Package has been approved by the Client, the Client’s representatives for the Project and the Westlake Public Art Advisory Committee and serves as the Concept Design for this Project. This phase of work included multiple in-person meetings and site visits in 2019, and numerous meetings and presentations in 2020 to obtain approvals and support for the Project. Deliverable: Design Package and animations. This Scope item is complete. 2. Site Documentation: SGS will hire a Texas Registered Professional Land Surveyor to produce a signed/sealed survey for the Site. SGS relies on the Client for any and all background information regarding existing utilities that may impact the Project or be impacted by the Project. SGS has obtained a scope of work and price for additional utility surveying work (see attached) which shall be known as Add Alternate #1. SGS does not plan to procure Add Alternate #1 services unless directed to do so by the Client. The area being surveyed is within the Site median curb line and does not include any surveying of the adjacent roadways. SGS will hire a geotechnical engineering company to provide a report on the Site to assist CCE with its structural engineering work. Deliverable: SGS will provide copies of the survey and any other Site information to the Client. 3. Schematic Design: SGS will create a schematic design layout for the Project Elements utilizing the survey noted above and in consultation with CCE regarding all clearances between Elements and from existing utilities / roadways/ features. SGS will develop the layout and share an initial layout with the Client (and/or the Client’s Representatives) for coordination with third-parties on the Site landscape design including all tree placements. SGS will work collaboratively with the Client and any 3rd-parties on the design of the Site landscape and its coordination with the placement of all Elements, however the final design of the landscape (including any signed and sealed landscape architecture drawings) shall be the work of others and is not included under the SGS Scope of Work. SGS with CCE and other third-party consultants (as necessary) will develop the Schematic Design for the Project based upon the approved Concept Design and the associated Design Package. CCE will lead all technical aspects of the design and engineering with SGS focusing on aesthetics and methods of fabrication. Deliverable: Schematic Level (30%) Drawings. At least one drawing will be provided as an original drawing signed by the artist Michael Singer. 4. Design Development: SGS and CCE will create Design Development level drawings for the Elements. CCE will lead all technical aspects of the design and engineering with SGS focusing on aesthetics and methods of fabrication. This phase of design may have numerous iterations depending on findings from the Prototypes phase of work, which will run concurrently with this phase of work. This phase of work will include initial research for Add Alternate #2- a solar array on Site to provide power to the Elements for evening lighting. Deliverable: Design Development Level (60%) Drawings. 5. Prototypes: Prototyping for the Project will proceed at the appropriate time within the design phase Singer Studio LLC Cross Timbers Public Art Project 09.27.21 Proposal Page 4 as determined by SGS and CCE. SGS will create a full-size Prototypes of two Elements in Vermont at the SGS North Studio where they will be studied for their ability to sway in various wind speeds. Working with CCE, SGS will develop the swaying mechanisms and stops as necessary and will re- work aspects of the Prototypes until the desired swaying performance and other aesthetic characteristics are achieved. Lighting will be integrated with the Prototypes and will be studied and optimized as a part of the Prototyping process. Deliverable: The Prototypes will be documented to the Client in photograph and video form; the physical Prototypes are not a deliverable. 6. Cost Estimating: Once the design of the Elements has been optimized, SGS will develop a cost estimate on all aspects of the Project to ensure the Project Budget is met. This cost estimate includes (but is not limited to) materials, fabrication, transportation, installati on, shop drawings, project management and oversight, equipment, contingency, and all associated expenses. If the Project Budget cannot be met, the design of the Elements may be modified to reduce costs and/or the number of Elements may be reduced. The Client will be informed if the total number of Elements is anticipated to be less than 120 Elements and/or if there are significant changes (impacting height, width, materials and/or finishes) to the Elements. SGS is not a professional cost estimating firm and does its best to estimate projects based on prior projects and direct quotes from suppliers; the cost estimate will be based upon the best possible information available to SGS. Deliverable: Cost estimate of major project components, assumptions and contingency. 7. Construction Documents: Once the Prototypes have been optimized, SGS will complete its necessary artwork drawings and CCE (and any third-party consultants, as needed) will create all necessary Construction Documents (CDs) for the Project. 95% CDs will be submitted to the Client for final review; upon completion of the review, final 100% CDs will be issued. The Client will utilize the 100% CDs for all necessary permitting; SGS is not responsible for any permitting or permitting fees required by the Client or any third-parties. All final 100% CDs will be signed/ sealed by State of Texas licensed professionals. Deliverables: 95% CDs and 100% CDs. 8. Project Management: SGS will continue to manage the Project and remain as the primary point- of-contact for all communications with the Client and any third -parties. SGS Partners, Jason Bregman and/or Jonathan Fogelson (each with over 15 years’ experience working with Michael Singer) will be available for project communications, coordination and ensuring deliverables under this Agreement are provided in a timely manner. All communication with SGS shall occur with Mr. Bregman and/or Mr. Fogelson and documented in writing (meetings will be followed-up with written notes for any decisions or important topics). Due to covid-19 all meetings under this Scope of Work are assumed to be via telephone or video conference; SGS is pleased to host these meetings via Zoom as necessary. Deliverables: Meeting notes and other documentation as necessary. 9. Publicity / Public Outreach: SGS has been working on Cross Timbers with the Client and the Client’s representatives since April of 2019; the work has been shared with numerous community leaders and supporters and has been approved by the Client, the Client’s representatives for the Project and the Westlake Public Art Advisory Committee. With these efforts complete and with the additional restrictions due to covid-19, this Agreement assumes no additional public outreach (beyond further zoom meeting presentations) will be necessary for the implementation of the Project. Mr. Singer has also requested that the Project (or its Budget) not be actively publicized in any manner or posted online until it is near completion. This is based on SGS’s experience that publicizing the Project (and/or Budget) can have harmful repercussions such as greatly inflating the costs of construction. Additionally, Mr Singer prefers that any publicity around the project occur at a future date when covid-19 has hopefully subsided and people will be eager to celebrate as a community. Deliverables: Design Package and animations and associated presentations . This Scope item is mostly complete; additional zoom presentations are covered under this agreement. All deliverables will be submitted in .pdf, .tiff, .jpeg, or .doc formats only. Drawings necessary for collaboration on the landscape and other Site features will be shared in .dwg format as necessary. The Client and all relevant parties understand that all files shared by SGS are not to be utilized for construction unless they are provided as signed and sealed drawings by a professional licensed in the State of Texas. Singer Studio LLC Cross Timbers Public Art Project 09.27.21 Proposal Page 5 All files produced by SGS are for design and coordination purposes only and not for construction. Please see the attached SGS consultant proposals for additional information; all terms and conditions in the attached consultant proposals apply to this Agreement. To protect the Project from the potential for significant cost inflation, the Client agrees to keep this Agreement confidential until a time mutually agreed by all SGS and the Client. The Client will not to publicize this Project or publicize/ post online this Agreement or the Project Budget. Project Schedule The Project will commence upon the signing of this Agreement between the Client and SGS. SGS can only begin work once the survey is complete, which is anticipated to be 3 weeks from a notice to proceed to the surveyor (likely longer if Add Alternate #1 is included). The Scope of Work items 3-8 above are expected to take approximately 9-12 months, depending on the number of tests and modifications to the Prototypes that are necessary to achieve the optimal design. Please note that unknown factors regarding the Prototypes and impacts from covid-19 (including delays from 3rd party suppliers and consultants) may cause Project delays beyond the control of SGS. SGS cannot be held responsible for delays to the Scope of Work that are not solely caused or controlled by SGS. The contract for Project fabrication and installation, and its timeline, will only be able to be determined upon completion of this Agreement’s Scope of Work. Compensation The total compensation for the Scope of Work under this Agreement (items 1-9 above) is $142,950, which is inclusive of all engineering services and expenses , except for Add Alternates. SGS Design and Design Phase Management $58,590 SGS Prototypes $38,500 Colby Co. Engineering (structural and electrical) $40,560 Teague Nall and Perkins, Inc. Site Survey $3,500 EWI Geotechnical Services and Report $1,800 Total: $142,950 Teague Nall and Perkins, Inc. Utility Survey $20,740 (Add Alternate #1) Colby Co. Engineering Solar PV System Design $5,200 (Add Alternate #2) Fees shall be invoiced monthly on a percent completion basis with NET30 payment terms. This compensation is a part of the overall Project Budget noted above. Prior payments by the Client related to this Project are not a part of this compensation amount nor the overall Project Budget. No SGS reimbursable expenses are expected for this project. Exclusions Add Alternates #1 and #2 are excluded from the Scope unless SGS is directed by the Client to pursue one or both of them. Such a directive constitutes Client’s agreement to provide additional funds to SGS for each Add Alternate as noted above. Any work not listed under Scope of Work is assumed to be the work of others or to be contracted in a later phase. Any services by SGS beyond the Scope of Work of this Agreement will be submitted to the Client for approval prior to any commencement of Additional Services. The following, including but not limited to: shop drawings, fabrication, construction, installation, inspections, permitting, environmental services, construction administration services, and as-built drawings are not included as a part of this Agreement. The Client shall notify SGS in writing of any site conditions and/or utility conflicts that may impact the Project or be impacted by the Project; it is understood that SGS cannot be held responsible for site conditions and/or utility conflicts that have not been documented. SGS has obtained a scope of work and price for Singer Studio LLC Cross Timbers Public Art Project 09.27.21 Proposal Page 6 additional utility surveying work (see attached) which is noted above as Add Alternate #1. SGS does not plan to procure Add Alternate #1 services unless directed to do so by the Client. SGS is not responsible for the deliverables, statements, and opinions of 3rd party professionals such as engineers and surveyors; each licensed professional assumes full responsibility for the accuracy and quality of their work. Ownership and Rights All SGS Work Products (Work Products) created under the Scope of Work above shall only be utilized by SGS to complete the Project for the Client. The Work Products may not be provided to any third -party for the purposes of fabricating, replicating (or copying in any form), or constructing the Project or any aspect of the Project. Upon a signed notice of completion from SGS to the Client, the Project shall be owned by the Client. As long as the Project remains in place it is the Client’s responsibility to maintain the Project in keeping with the Maintenance Plan that will be provided by SG. The Client shall credit SGS both on-site in some form of plaque or signage, and in all future usages by the Client. As a part of this Agreement the Client herby grants SGS access to the Project at all times for inspection and photography, in perpetuity. SGS retains: (i) all rights to any Work Products including any rendering, drawing, and/or Prototypes which qualify for such protection under the Copyright Act of 1976, 17 U.S.C. § 101, et seq., as amended by the Visual Artists Rights Act of 1990 ("VARA"), and any successor act; and (ii) any and all other intellectual property rights related to the Project, whether statutory or common-law, international, federal, state or local. SGS hereby non-exclusively licenses the Client to make, and to authorize the making of, photographs and other two-dimensional representations of any Work Products that result from the provision of the services provided for hereunder for educational, public relations, arts promotional and other non -commercial purposes. Termination / Disputes Due to the timeframe of this project and the significant amount of upfront effort that has been invested in this project since the Spring of 2019, this contract allows for no early termination. In the event disputes are not satisfactorily resolved through informal discussions, the Client and SGS agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation. In the event that the parties to this Agreement are unable to reach a settlement through mediation, then such dispu tes shall be settled through litigation, in a court of competent jurisdiction. If you have any questions concerning this proposal, please call. If you are in agreement, kindly sign and return to SGS for finalization. You may sign, scan, and email the contract if desired. Cross Timbers Public Art Project for the Town of Westlake, Texas Commission of Artwork by Singer Studio LCC for the Town of Westlake, Texas Signed: Print: Title For: The Town of Westlake, Texas Date Signed: Print: Title: For: Singer Studio LLC Date                     2021-006 July 28, 2021 Singer Studio, LLC (c/o Jason Bregman) 321 NW 1st Ave Delray Beach, FL, 33444 Subject: Engineering Proposal for ‘Cross Timbers’ Art Project – Westlake, TX Dear Jason, Thank you for the opportunity to provide a proposal for structural and electrical engineering services related your “Cross Timbers” project proposed for the town of Westlake, TX. We have summarized our anticipated scope of services and proposed fee below for your consideration. Project Scope It is our understanding that Signer Studio, LLC (SGC) is preparing a proposal approximately 120 sculpted pieces to be installed in a grassy median on Solana Boulevard in the town of Westlake, TX. The sculptures will be 10 and 14ft tall slender pieces, designed to gently “sway” in the wind like grasses. The elements are intended to be lit for a night time experience and are assumed to be clad with aluminum. The support structure is to be determined but is expected to be a structural metal (aluminum, steel or combination). To accommodate the dynamic nature of the sculptures, CCE is anticipating a spring or combination of springs at the base of the structure. Limit stops will be designed to keep the sculptures from deflecting more than 30 degrees from plumb. Consideration will also need to be made on how to fix the sculptures from swaying excessively in extreme winds. During the Schematic Design and Design Development Phase (SD/DD) CCE will work with SGS to develop conceptual designs for the base of the structure as well as the structural backing and internals for the sculptures. Note that it is difficult to model and predict the behavior of springs used in this manner due to the number of variables present and as such testing of mocks ups is recommended. It is our understanding that SGS intends to create mock-ups of the sculptures to test the performance of various spring types, configurations and imparted forces. From the results of these mock-ups and testing, a base design will be finalized. CCE will work with SGS to develop proposed ranges of spring types to be tested but have not included any physical testing or site visits to your testing location as part of this proposal. CCE will however be available to work with SGS virtually during the testing provided advanced notice.     COLBY COMPANY ENGINEERING, LLC 47A York St  Portland, Maine  04101 USA  colbycoengineering.com 2 7/28/2021  CCE recommends that SGS retain a local geotechnical engineer to dig test pits at the project site to observe in situ conditions and provide a brief report to CCE. Full soil borings are not necessary given the nature of these structures but having an understanding of in situ soils near the surface is important. CCE will provide electrical engineering support as it relates to providing power to the sculptured elements for lighting and working with SGS to select lighting to be installed within the elements. No site visits have been included in this proposal and it is assumed that CCE will coordinate the power source and interconnect locations with the municipality. A bid option has been included to power the lighting within the sculptures from photovoltaics with storage batteries. CCE will design and select the appropriate solar PV and batteries to service the sculptures fully or in combination with grid power. The design is anticipated to be phased with submissions at Schematic Design (30%), Design Development (60%), Prefinal (95%) and Final Construction Documents (100%). No construction administration support is included in this proposal. Deliverables CCE anticipates an iterative process supporting SGS in the early phases of schematic design with sketches and mark ups shared back and forth to illustrate the suggested design for the structure and powering and performance of the sculptures. It is our understanding that SGS will perform the drafting for the sculptures with CCE engineering guidance and oversite. CCE will provide sketches as necessary to illustrate our suggested design for incorporation into the drawings. This will include structural framing, connections details as well as any notes or specifications required to depict the scope of work. With regard to electrical drawings, CCE will provide sketches as well as notes and any symbols required on the drawings. CCE anticipates that SGS will submit drawings at each phase (30, 60, 95 and 100%) for CCE review, comment and final approval. Final 100% Construction documents will be stamped by an engineer licensed in the State of Texas for each discipline, structural and electrical. Schedule CCE is anticipating a 9-month design duration. CCE is available to being work on this task starting Mid-August, 2022. We anticipate the following design schedule: Prelim Design for Mockup: On Going Starting early Sept Through Nov 2021 30% Review Submission: Late Nov 2021 60% Review Submission: Late Feb 2022 95% Pre-Final Submission: Late April 2022 100% Final Late May 2022     COLBY COMPANY ENGINEERING, LLC 47A York St  Portland, Maine  04101 USA  colbycoengineering.com 3 7/28/2021  Fee Proposal Colby Company proposes the above services be provided for the following lump sum fee schedule: SD Phase: $17,940 DD Phase: $13,130 CD Phase: $9,490 Total: $40,560 Solar PV Bid Option: $5,200 Exclusions For the purposes of this proposal, the following items have been excluded from Colby Co.’s scope.  Attending in-person meetings, site visits or travel of any kind  Drafting of Design documents. CCE will provide oversite, sketches, mark ups and final approval / PE stamping.  Geotechnical Engineering or investigations  Permitting or permitting related consulting  Formal specifications. Specifications information will be provided in the form of notes  Construction administration or inspection services Colby Co. can provide services which have been excluded above. Should any of these items become necessary during the process of this project’s development, Colby Co. would be pleased to provide a proposal for these additional services. Thank you for contacting Colby Company for your engineering needs. If this proposal is acceptable to you, kindly review the attached terms and conditions and return a signed copy to our office. Please do not hesitate to call with any questions.    Sincerely, Brian Beaulieu, PE  cc: Sarah Emily Colby – Colby Co. Calen Colby – Colby Co.     COLBY COMPANY ENGINEERING, LLC 47A York St  Portland, Maine  04101 USA  colbycoengineering.com 4 7/28/2021  Terms and Conditions Please note the following items are applicable to Colby Co.’s (also referred to herein as ‘Consultant’) contracts with clients and vendors and are applicable and an essential part of the proposal to which these terms and conditions are attached. Our receipt of a signed copy of this proposal will serve as our mutual understanding of the terms of this agreement and our notice to proceed. Payment terms are based on the orderly and continuous progression of the work. Invoices will be submitted on a monthly basis for services performed during the period and are due upon receipt. Unpaid balances beyond 30 days will accrue interest at a rate of 1.5 percent per month or, if less, the maximum rate permitted by applicable law. Colby Co.’s legal fees and costs associated with collection of unpaid bills will be the responsibility of the Client. In the event the Client fails to make payments within 30 days of receipt of the invoice, the Consultant may suspend its services until payment of all outstanding sums has been made and the Consultant will not be liable for any delays associated with or resulting from such suspension. Standard of Care The Consultant agrees to perform its services under this Agreement in accordance with the degree of skill and care ordinarily exercised by practicing design professionals performing similar services under similar conditions at the same time and locality (“Standard of Care”). The Consultant makes no other representations and no warranties, whether express or implied, with respect to the services rendered hereunder. Limitation of Liability To the maximum extent permitted by law, the total liability in the aggregate of the Consultant, inclusive of the Consultant’s individual officers, shareholders, directors, independent professional associates, and employees and any of them, to the Client and anyone claiming by, through, or under the Client, for any and all damages, injuries, costs, losses, liabilities, or expenses arising out of or relating to this agreement, Consultant’s services, or the project, whether arising in tort, breach of contract, contractual indemnification, breach of warranty, strict liability, or any other theory of liability or cause of action, will not exceed the lesser of the total fees paid to the Consultant under this agreement or the available proceeds of insurance payable on behalf of the Consultant. The parties also waive all claims and rights against each other arising out of or relating to any damages, injuries, costs, losses, liabilities, or expenses to the extent that the same have been compensated by the proceeds of any insurance policy. Hazardous Materials The Consultant has no responsibility for the discovery, presence, identification, handling, transportation, or remediation of any hazardous materials in connection with the services, this Agreement, or the Project. Consequential Damages Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors, consultants, subcontractors, or subconsultants will be liable to the other or make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project, the Consultants’ services, or to this Agreement. This mutual waiver of consequential damages includes, but is not limited to, loss of use, loss of profit, loss of business, loss of actual or anticipated income, loss of reputation or goodwill, and any other consequential damages as defined under applicable law that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and the Consultant will require similar waivers of consequential damages protecting all the entities or persons named herein in all agreements, contracts and subcontracts with others involved in this Project. Indemnification The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against damages, liabilities or costs, including reasonable attorneys' fees and defense costs incurred in responding to third party claims for which the Consultant is legally liable (collectively “Losses”), to the extent such Losses are caused by the Consultant's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against Losses, to the extent such Losses are caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Further and provided that this sentence will not operate to expand the scope of the indemnity obligations in the two preceding sentences, neither the Client nor the Consultant will be obligated to indemnify the other party in any manner whatsoever for the extent other party's own negligence or for the negligence of others for whom the other party is not legally responsible. Mediation In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and the Consultant agree that all disputes between them arising out of or relating to this Agreement or the Project will be submitted to nonbinding mediation as a condition precedent to the institution of legal proceedings. The Client and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for     COLBY COMPANY ENGINEERING, LLC 47A York St  Portland, Maine  04101 USA  colbycoengineering.com 5 7/28/2021  mediation as the primary method for dispute resolution among the parties to all those agreements. Construction Management If the Client chooses to retain a Construction Manager ("CM") for the Project, the Client will provide to the Consultant, in writing, a list of duties, responsibilities and authority ("DR&A list") the CM has been assigned by the Client. The Consultant will be entitled to rely upon the proper performance by the CM of the items on the DR&A list and will bear no responsibility to the Client or its representative(s) for any opinions, directions or decisions given by the Owner or CM that are within the scope of the DR&A list or that are in conflict with the DR&A list. In the event the Owner makes any changes to the CM's DR&A list, the Client will notify the Consultant, in writing, in a timely manner. The Consultant will be entitled to rely entirely upon the accuracy, completeness, and quality of the CM's decisions and directions as to all items listed in the DR&A list. If any Client-directed changes to the CM's DR&A list result in additional time or expense in order for the Consultant to prepare, coordinate or respond to changes to the plans or specifications, the Consultant will be entitled to an equitable adjustment in fees and schedule for the performance of these additional services. Cost Estimates In the event the Consultant prepares or evaluates any construction cost estimates in accordance with the services, the Client acknowledges that any such estimates or evaluations reflect the Consultant’s judgment as a design professional, but that the Consultant has no control over fluctuations in labor, materials, bidding, or negotiating market conditions, nor over any contractor’s methods of calculating its bid. Accordingly, the Consultant cannot and does not represent that actual costs or bids will not vary from any estimates or evaluations prepared by the Consultant. Construction Phase Services In connection with any construction phase services by the Consultant, it is understood that the Consultant has no responsibility for any construction means, methods, sequencing, or safety procedures or programs, nor for the applicable construction contractor’s failure to construct or implement the work in accordance with the requirements of any design documents or other work product of the Consultant or others. The Consultant’s review of any submittals is for evaluating conformance with design intent and is not for the purpose of confirming dimensions or quantities, installation instructions, or means, methods, or safety procedures of construction. Review and approval of a submittal does not indicate approval of an assembly of which the submittal is a component or relieve the contractor of its obligation to construct the work in accordance with the requirements of the applicable construction documents. Termination of Agreement This agreement may be terminated by either party by thirty (30) days written notice to the other party without cause; or by mutual written agreement of the parties. If this agreement is terminated, Colby Co. will be paid for the extent of services performed by Colby Co. as of the effective date of termination. Further, if this agreement is terminated, Colby Co. will upon such payment for services, deliver all documents, or copies thereof (“Work Product”), covering the scope of work completed and paid for by the Client, and provided the Client agrees in advance to pay for and then pays for such additional services, Colby Co. will complete certain work in progress and deliver documents or copies thereof as well. Client will also reimburse Colby Co. for all of Colby Co.’s termination expenses, including, but not limited to, those associated with demobilization, reassignment of personnel, and space and equipment costs. Client acknowledges that the Work Product is not represented as suitable for any use, reuse, or modification without the adaptation by the Consultant for the specific application and circumstances intended. Accordingly, the Client waives all claims against and will defend, indemnify, and hold the Consultant harmless from and against all claims, damages, costs, suits, claims, liabilities, and expenses arising out of or relating to any use, reuse, or modification of the Work Product without such involvement by the Consultant. The Consultant at all times retains ownership of the Work Product, including copyright. Signature: Date: Printed Name: Title:   Fort Worth5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137817.336.5773 Allen 825 Watters Creek Boulevard, Suite M300Allen, Texas 75013214.461.9867 Denton3200 S. Interstate 35E , Suite 1129Denton, Texas 76210940.383.4177 Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Land Surveying, Firm No. 100116-00 AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Solana Blvd, Westlake, TX Date: January 14, 2021 CLIENT: Jason Bregman, Michael Singer TNP Contact: Curt Fakler, P.E. 214.988.9966 LIMITS: SUE QL A (Test Holes)/B/C/D (See attached Vicinity Map for Limits) (Client) hereby requests and authorizes Teague Nall and Perkins, Inc., (the Subsurface Utility Engineer) to perform the following services: General Understanding The following represents the general understanding between the Client and Engineer regarding the basis and/or limitations under which these subsurface utility designating and/or locating services are provided: 1. These services will be conducted and provided in general compliance with CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This standard establishes and defines four quality levels for data collection that are briefly described as: ▪ Quality Level D (QL-“D”) – Generally QL-“D” indicates information collected or derived from research of existing records and/or oral discussions. ▪ Quality Level C ( QL-“C”) - Generally QL-“C” indicates information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to QL -“D” information. Incorporates QL-“D” information. (Limited in this scope, this scope is to cover underground utility crossings) ▪ Quality Level B (QL-“B”) – Generally QL-“B”, also known as “designating” indicates information obtained through the application of appropriate surface geophysical methods to determine the existe nce and approximate horizontal position of subsurface utilities. Quality level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Incorporates QL-“D” & QL-“C” information. ▪ Quality Level A (QL-“A”) - Generally QL-“A”, also known as “locating”, indicates the precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, at a specific point. Incorporates QL -“D” QL-“C” & QL-“B” information. Page 2 2. These services are for the purpose of aiding the design of the subject project by providi ng information related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated. 3. The Engineer will provide services that meet the standard of care for existing subsurface utility location and mapping as established in CI/ASCE 38-02 by exercising due diligence with regard to records research and acquisition of utility information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record information from the various utility owners. However, the Engineer makes no guarantee that all utilities can or will be identified and shown as there still may be utilities within the project area that are undetectable or unknown. 4. Facilities that are discovered through field inv estigative efforts by the Engineer but no plan records or ownership data can be identified will be hereafter referred to as “unknown” utilities. As part of these services, the Engineer will provide QL-C information in the project deliverables for all unknown utilities that may be identified in the field investigation of the project. Designating and/or locating unknown utilities will typically not be part of the initial scope of work but depending on the client’s needs can be added as additional work to ad dress concerns of the project impacts of “unknown” facilities. 5. Ground penetrating radar will not be used as a part of the field investigation of the project site unless that use has been specifically addressed with the scope of services described herein. 6. Test holes are very limited in size or diameter (typically 12 inches by 12 inches, or approximately 144 square inches). Given this limited size, some subsurface conditions may prevent the completion of test holes, including rock(s), groundwater, large roots, other utilities & structures, etc. Test hole attempts which cannot be completed due to site conditions will be documented and noted on the plans. 7. When test holes are used to locate utilities, the nominal pipe sizes of the targete d utility will be documented and reported by using field measurements of the outside diameter (OD) of the pipe (to the nearest inch). Based upon this field measured OD, the nominal pipe size will be determined using typical pipe wall thickness data and ot her available data including record information. Pipe diameters that are too large for measurement, encased or non - encased conduit duct banks and other concrete encased systems which cannot be adequately measured will be reported based upon the best available information. 8. The documented results produced by these services represent a professional opinion and interpretation based upon record information and/or field evidence. These results may be affected by a variety of existing site conditions, including soil content, depth of the utility, density of utility clusters, and electro -magnetic characteristics of the targeted utilities. Also, the lack of and/or poor condition of a trace wire for non -conductive materials such as PVC, HDPE, etc. in most cases wil l make the successful detection and location of the utility unlikely. 9. The Engineer will apply professional judgment to determine which utilities require additional field effort and/or methods to properly designate and/or locate, most commonly when record drawings are not available. In such cases, the Engineer will provide a recommendation or request for additional services to the Client. Among other methods, a detectable duct rodder or other conductor may be introduced into the line to enable the desig nation of the utility. This method is dependent upon approval by the utility owner, as well as access to, size and condition of the utility. 10. None of these services are intended to and should not be understood to relieve the Client or others from the responsibility to comply with the statutory requirements related to notifying the proper one -call system(s) in advance of any and all excavation, grading and/or construction within the project site. Page 3 Article I SCOPE OF BASIC SERVICES: The scope of subsurface utility designating and/or locating services for this project is described below. Survey servi ces to tie utility crossing marks and/or identifiers placed during the subsurface utility designating and/or locat ing effort will be provided in this contract. a. Quality Level ‘B’ through ‘D’ Utility Information & Designation – TNP will provide utility information, up to QL-“B”, at the following location: i. Center Median Island within Solana Blvd just south of the Westlake Town Hall beginning at the west end of the median at the intersection with Campus Circle extending east approximately 800ft (Approximately 800’ x 100’) This work includes: a. Requesting utility records on all crossing utilities from the Client, public utilities and private utility companies known to provide service within the project area, as well as other sources, in an effort to develop a comprehensive inventory of utility systems likely to be encountered. Record documents may include construction plans, system diagrams, distribution maps, transmission maps, geographic information system data, as well as oral descriptions of the existing systems. The depiction of utilities from records (QL-“C” or “D”) will be based on thorough field and office activities and shall be based on the most reliable indication of position available. b. Visible surface features and appurtenances of subsurface utilities found within the project site will also be evaluated. Using appropriate surface geophysical methods, TNP will search for detectible indications of the location of anticipated subsurface utilities. c. Marking all locations that can be validated, using paint, flags or other devices. d. Preparing documentation of the utilities encountered and marked, including their general location, orientation, type & size, if known. e. Level B/C/D- based on ASCE Standard 38-02 and shall include a PDF and 2d CADD file depicting the subsurface utilities designated signed and sealed by a Professional Engineer. b) Quality Level A Utility Test Hole – TNP will excavate by air-vacuum or other minimally invasive methods up to 4 test holes, at locations yet to be determined within the project limits in order to identify the exact horizontal & vertical locations of crucial utility. If locating the end of casing is requested the cost will be based on an hourly charge based on the fee schedule below. This work includes: a. Providing all necessary personnel, equipment, supplies, management and supervision needed for the test hole excavation, backfill and restoration. b. Coordinating with Client, property owner, and/or permitting authorities as needed, permission or rights- of-entry with help from The Client c. Contacting the appropriate one-call system to request utilities to be marked on-the-ground prior to beginning excavation of test hole. d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD, including any state or locally adopted supplements. (if closures or additional traffic control equipment is needed other than signs and cones additional direct expenses will be charged) e. Preparing documentation for each test hole attempted. This documentation will include the horizontal and vertical position of the targeted utility or structure, a general description of the target utility, with condition, material and general orientation noted, a generalized description of the material encountered in the test hole, and any other field observations noted during the excavation. Page 4 Survey scope will include the following : Project Limits: Center Median Island within Solana Blvd just south of the Westlake Town Hall beginning at the west end of the median at the intersection with Campus Circle extending east approximately 800ft. TOPOGRAPHIC SURVEY a. Establish horizontal control points as needed throughout the project. b. Establish vertical benchmarks as needed throughout the project. c. The visible improvements such as curbs, walks, fences, buildings, signs, etc. will be located and shown on the survey. d. Locate trees all trees within the project limits. e. Visible surface utilities such as power poles, manholes and valves etc. will be located. Deliverables: 1. Topographic drawing in .dwg Autocad format showing 1foot contour intervals and the items listed above for design purposes. 2. Texas Registered Professional Land Surveyor Signed and sealed Topographic Survey in PDF format. Data will be delivered in Texas Coordinate System of 1983 North Central Zone (4202) scaled to Surface with a combined scale factor supplied. The estimate is shown below and based on research, locating underground utilities and other features, within the boundary of the attached map; 1. Total cost of QL ‘A/B/C/D’ work TNP Article II COMPENSATION is as follows; QL ‘B/C/D’ ………………………………………………….…………….…….……………….…$ 11,500.00 QL ‘A’ (4 test holes)…………….....…..………………….…………….……..…………..….…$ 9,240.00 Survey ………………………………………………….…………….…….……………….……. $ 3,500.00 TOTAL………$ 24,240.00 Based on the following: Page 5 1. BASIC SERVICES: The CLIENT agrees to pay the Locator a total lump sum fee for performance of the BASIC SERVICES as outlined above. 2. ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the Locator which is not specifically included in BASIC SERVICES as defined herein. ADDITIONAL SERVICES shall include, but shall not be limited to: a.) Quality Level A Test Holes greater than 10 feet deep b.) Traffic Control and effort related to procuring approved traffic control and/or ROW permits ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at standard TNP hourly rates or TNP standard rates as shown on Standard Rate Schedule below for items provided. Direct expenses shall be reimbursed at cost times a multiplier of 1.10 for non - labor, subcontract or mileage items, except for subcontracted or outsourced survey services, which shall be billed at rates comparable to TNP ’s billing rates for similar services, as shown on Standard Rate Schedule. 3. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to Locator more than 30 days from invoice date may result in cessation of services until payment is received . Obligation of Client A) Existing Permits and Construction Plans, if applicable B) Render assistance when necessary in persuading utility owners to allow TNP access to p ertinent records and facilities C) Notify TNP within a reasonable time frame of any suspected deficiencies in the utility depictions at the specified quality level discovered prior to or during construction. D) Furnish utility information to the utility owners f or their review and consideration during the utility coordination and/or relocation process. Contingencies E) Any additional fees such as for (approved) additional Traffic Control will be at direct cost and will be reimbursed to TNP by the Client; F) Any additional fees associated with permits needed by TNP will be a direct cost and reimbursed to TNP by the Client; Article III SCHEDULE: We estimate the proposed services Final Deliverables shall be completed as follows; Page 6 QL ‘B/C/D’… with Notice to Proceed, completed in 15 business days QL ‘A’……… with Notice to Proceed, completed in 15 business days Article IV CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract or a signed project-specific purchase order will serve as notice to proceed. No work shall commence on the project until an executed copy of this contract or purchase order is received by ENGINEER. By signing below or on a purchase order, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT. Approved by CLIENT: Submitted by Utility Engineer: Client Teague Nall and Perkins, Inc. By: By: Title: Title: Senior Project Manager Date: Date: 1/15/2021 Page 7 PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this agreement or issuing a signed project-specific purchase order shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in this agreement. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENT’s Project plus a stipulated percentage of such salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee’s, automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc. 4. OPINION OF PROBABLE COST In providing opinions of probable cost, the CLIENT understands that TNP, Inc. has no control over costs or the price of labor, equipment, or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional’s qualifications and experience. TNP, Inc. makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 5. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the State of Texas, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 6. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 7. MEDIATION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and TNP, Inc. agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbonding mediation unless the parties mutually agree otherwise. The CLIENT and TNP, Inc. further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants retained also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 9. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 days of invoice date, all work on CLIENT’s project shall cease and all work products and documents shall be withheld until payment is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT’s failure to render payment within 30 days of invoice date. 10. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 11. ADDITIONAL SERVICES Services not specified as Basic Services in Scope and Attachment ‘A’ will be provided by TNP, Inc. as Additional Services when required. The CLIENT agrees upon execution of this contract that no additional authorization is required. Additional services will be paid for by CLIENT as indicated in Article II, Compensation. 12. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will be added on and collected when required by state law. Sales tax at the applicable rate will be indicated on invoice statements. 13. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Ac t of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263. 14. INVALIDITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 15. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety. 16. DRAINAGE CLAUSE The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER’s negligence was the direct cause of damage to a property downstream of the Project. 17. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor. Page 8 Vicinity Map Solana Blvd, Westlake, TX 1 Jason Bregman From:Curt Fakler <cfakler@tnpinc.com> Sent:Wednesday, August 04, 2021 12:28 PM To:Jason Bregman Cc:Jay Maddox; Andrew Luce; jfogelson@michaelsinger.com Subject:Re: [EXTERNAL EMAIL] RE: Solana Blvd, Westlake, TX Attachments:Denton Tap (1).pdf; SUE Deliverables - Sketch-1.pdf Good Morning Jason, We have provided responses to the three questions the client has asked. The original proposal and costs were aimed at a typical investigation, but if more or less information is required on specific items, we are happy to modify the scope and fee as needed. 1. Our crews use a piece of equipment called an RD 8100 that is based on transmitting an electromagnetic signal along a utility and then receiving that signal back. This type of locating is fairly standard throughout the utility locating industry. Expected accuracies are plus or minus 1’ horizontally. Electronic depth readings are also captured, but are approximate. Site conditions can affect this accuracy. If exact vertical depths are required, non-destructive pot holes are recommended. GPR is both a technology and strategy that is sound under the right soil and moisture conditions. For example, the sandy, well draining soils of Florida respond well to GPR investigations. However, the clay soils of north Texas are less responsive and produce less accurate readings to this type of investigation due to interference from the surrounding soil. Because of these issues, TNP doesn’t typically use this technology in north Texas. 2. We have provided a cost per test hole completed in the proposal for test holes up to 10’. Test holes deeper than 10’ typically require a wider/larger test hole due to having to slope the sides back to avoid sluffing of the excavation walls, dealing with groundwater, and additional time for excavation and dumping. If a utility that is being excavated has a depth greater than 10’, an additional hourly rate would be charged after 10’ of excavation had been performed. 3. As part of our normal SUE investigation, we will access the duct bank manhole structures and take measurements of the structure as well as the duct bank where it connects to the manhole. We will prepare butterfly sketches (an example is attached) and then draw the structure in our CAD file and it will be included on our plans per the inner dimensions measured. We will also record the number of conduits in the duct bank, and which conduits are empty or have cables in them. If more exact measurements are required, other alternatives that are more time-consuming and costly can be performed such as lidar scanning of the structure or excavating the corners of the structure. Please feel free to call at 214-988-9974 or email at cfakler@tnpinc.com if you have any questions, or if you’d like to discuss. Curt Fakler, PE Sr. Project Manager 214.988.9974 direct | 214.461.9867 front desk 825 Watters Creek Boulevard, Suite M300 | Allen, TX 75013 cfakler@tnpinc.com www.tnpinc.com 2 From: Jason Bregman <jbregman@michaelsinger.com> Sent: Wednesday, July 28, 2021 12:20 PM To: Curt Fakler <cfakler@tnpinc.com> Cc: Jay Maddox <jmaddox@tnpinc.com>; Andrew Luce <aluce@tnpinc.com>; jfogelson@michaelsinger.com <jfogelson@michaelsinger.com> Subject: [EXTERNAL EMAIL] RE: Solana Blvd, Westlake, TX Curt, Good afternoon. We have received some comments on our proposal finally. As it relates to your proposal the client requested: 1. Some specificity on the technology you are utilizing to explore and locate the underground utility locations. You note that you are not utilizing ground penetrating radar in the proposal. The Client requested specificity on what you are using and the max depth that technology will be accurate/ informative. 2. The client is requesting further clarification on the max depth of the test holes noted under the Level A scope 3. We know the site has a large duct bank with utilities inside of it. Will your survey be able to identify this buried structure including its width and depth? This would be beyond simply reviewing and translating existing drawings; they want to confirm the actual location. If this is possible, please describe this in the utility survey. If you can incorporate this in your proposal, we will be all set. I ill share your revision with the client. Thanks Jason Jason Bregman Partner Singer Studio - South P. 561-865-7683 C. 561-699-3681 Singer Studio - North P. 802-464-2165 www.michaelsinger.com From: Curt Fakler <cfakler@tnpinc.com> Sent: Monday, January 18, 2021 4:41 PM To: Jason Bregman <jbregman@michaelsinger.com> Cc: Jay Maddox <jmaddox@tnpinc.com>; Andrew Luce <aluce@tnpinc.com>; jfogelson@michaelsinger.com Subject: Re: [EXTERNAL EMAIL] RE: Solana Blvd, Westlake, TX Good afternoon! Jason, both Surveys and SUE have put together lump sum for the project assumptions listed in the scope of services with the exception that Test Holes will be an each test hole item. Let us know when you want us to proceed. Best regards! I. —N I o EMPTY DUCT •OCCUPIED DUCT ‘if ftOoR — MANHOLE DML - FiLE No. S-IEET DATE_2/)q/2.O2.f3 CREW_1-tes IYPE ELEC HOLE ID_ PROJECT_ REF.LOCA11ON:fco o’tck INV ELEV.= TOP ELEV.— O 00* -VOcDJ 0O cco Point No. /%OD2 Utility Owner(s) .MT Picture No.g-,i I EWI ____________________________________ _ Ellerbee-Walczak, Inc. 4501 Broadway Avenue Haltom City, Texas 76117 Phone (817) 759-9999 Fax (817) 759-1888 CLIENT CONTRACT/P.O. NO. ___ _ EWI Proposal No. =S=S=-21.;...;:3=9=29=-------- EWI Project No. ---------- Date: January 21. 2021 AUTHORIZATION FOR GEOTECHNICAL INVESTIGATION AND CONTRACTING SERVICES CLIENT: Name: Address: Singer Studio, LLC -Attn: Jason Bregman 321 NW 151 Avenue City: Email: Phone: Delray Beach State: FL Zip: 33444 jbregman@michaelsinger.com 561-865-7683 Signing of this Autho-rization by CLIENT and CONSULTANT (EWI) authorizes CONSULTANT to complete the Services as described below in consideration of the mutual covenants set forth on both pages of this Authorization. PROJECT NAME: The Services described below are to be provided by CONSULTANT in connection with a Project identified as follows: Proposed Median Improvements on Solana Blvd. in Westlake, Texas SCOPE OF SERVICES: CbNSULTANT will perform the services indicated below: ____ Services as described in attached correspondence dated -----~--'---­ ----Services as described in attached Scope of Services dated ------'---- X Services described below: Geotechnical Investigation including: soil sampling. laboratory testing and geotechnical engineering report completed within about 3 weeks of drilling (4 borings 10 feet). Assumptions: The budget assumes the site is accessible to truck mounted drilling equipment (Monday through Saturday) during normal business hours on one mobilization. The budget includes locating the borings from existing streets by taping and approximating right angles or by GPS. It does not include surveying services or establishing ground elevations. EWI will use client input to avoid underground utilities and locate borings. We will not be responsible for damage resulting from encountering utilities of which we are not aware. FEE FOR SERVICES:· CONSULTANT's fee for Services identified above shall be as indicated below: ____ A lump sum fee of$ 1 .800.00. (if paid by check) Payment for services due prior to the scheduling of drilling. OR ___ A lump sum fee of$ 1 .850.00. (if paid by credit card) Payment for services due prior to the scheduling of drilling. CLIENT AND CONSULTANT acknowledge that they are in agreement with the terms and conditions as set forth on the attached Terms and Conditions. Signature ------------- ACCEPTEriR CON~UL TANT: Signature ~ ~k APPROVED FOR CLIENT: Name ______________ _ Name Valerie Hawk Title---------------Title Geotechnical Administrator Date ______________ _ Date 01/21/2021 Page 1 of 2 TERMS AND CONDITIONS 1. TIME PERIOD FOR PERFORMANCE: EWI will commence Services as specified in the Scope of Services and will complete such Services in a diligent manner. EWI will not be responsible for delays caused by factors beyond EWI's control which could not readily have been foreseen when this Authorization was received. 2. EXTRA SERVICES: EWI will perform Extra Services not specified in the Scope of Services, provided EWI and CLIENT have agreed to the scope and fee of such services in writing. 3. TIME OF PAYMENTS: Any outstanding balance subtracted from retainer fee is due upon receipt of final invoice prior to issuance of the final report or as stated in the FEE FOR SERVICES section. EWI may suspend all services until all delinquent payments have been received. 4. TAXES: Fees quoted do not include any state, federal or local applicable taxes, and will be the responsibility of the CLIENT. 5. STANDARD OF PERFORMANCE: EWI shall perform its services in accordance with generally accepted engineering and consulting standards in effect at the time services were performed. EWI makes no other warranty, express or implied. 6. CONSULTANT'S LIABILITY: EWI shall perform its work as an independent contractor and shall have responsibility for and control over details and means of the performance for the work described in the Scope of Work. EWI is not the agent of the CLIENT when performing this Agreement, unless agreed to by EWI and CLIENT in writing and only to the extent expressly agreed to by EWI. EWI's aggregate liability for damages arising out of the services rendered pursuant to this Agreement, whether arising out of tort or contract, is limited to an amount not to exceed $50,000 or the total gross billings of EWI to the CLIENT hereunder, whichever is less. In the event that CLIENT desires to increase the amount of this liability, EWI may adjust this limitation upon written agreement provided CLIENT agrees to pay an additional fee to EWI to offset this cost to EWI of this additional risk of liability. EWI is not liable for any consequential or indirect damages, including but not limited to lost profits, loss of use of property and CLIENT's breach of other contracts. EWI will be responsible only for the activities of its employees and for EWI's subcontractors. 7. CLIENT INDEMNIFICATION: CLIENT and EWI agree to indemnify and hold each other harmless from any claims, loss, injury, damage, fines, causes of action, attorney's fees, costs and litigation expenses ("claims") asserted against or incurred by the indemnitee by any person or entity (including, without limitation, EWI's and CLIENT's employees) proximately caused by, in whole or in part, the indemnitor's negligence or intentional misconduct. When such claim is due to negligence or intentional misconduct of both EWI and CLIENT, each shall be entitled to contribution from the other in proportion to their allocable shares of responsibility as determined by agreement or dispute resolution. Attorney's fees and litigation expenses recoverable under this paragraph include fees and costs incurred in establishing a party's right to indemnification. 8. HAZARDOUS SUBSTANCES: If state or federally regulated hazardous, toxic or dangerous wastes as defined by state or federal regulations (hereinafter "wastes") are encountered at the site, and if these "wastes" require handling, transportation or disposal at an off-site facility EWI will assist in advising the CLIENT of the CLIENT's options. However, EWI will not "arrange" (as defined in 42 U.S.C. 9607) for disposal of, accept title to, sign manifests for, or take control of any "wastes". CLIENT shall indemnify and hold EWI harmless from any claims, damages, fines and fees, litigation or expenses, arising out of or in any way related to handling, transportation and disposal of any "wastes" in the course of EWI's performance of this Agreement. 9. CLIENT-PROVIDED INFORMATION: EWI is entitled to rely on all information furnished or to be furnished by CLIENT. CLIENT agrees to defend and indemnify EWI, its officers, agents and employees from any and all claims of any kind arising out of or relating to any claims caused by or contributed to by any errors or omissions in information provided to EWI. 10. ACCESS, APPROVALS, PERMITS: CLIENT shall arrange for access and make all provisions for EWI to enter public and private property as required for EWI to perform the specified services. CLIENT shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approval and consent from others as may be necessary. CLIENT is responsible for informing EWI of the locations of any underground structures. EWI will not be responsible for inadvertent damage to utility lines or other subsurface structures that were not made known to EWI prior to the start of drilling. 11. SAFETY: It is the responsibility of the CLIENT to provide and maintain a safe working environment for its employees, EWI's employees and that of EWI's subcontractors, agents, the public and any other third party. 12. ASSIGNMENT: EWI shall not assign this Authorization (except Accounts Receivable) without prior written consent of CLIENT, but may, employ any other party it deems necessary or proper for any part of the work required to be performed by EWI under the terms of this Authorization. 13. TERMINATION: Either party may terminate this Authorization at any time upon seven (7) days prior written notice to the other. In such event, EWI will be compensated for services performed under the Authorization to the termination date together with all costs arising out of such termination. 14. APPLICABLE LAW: This contract shall be enforced in accordance with the laws of the State of Texas. 15. TIME LIMIT FOR CLAIMS: Any claim brought by CLIENT against EWI will be brought not later than one year after the date of substantial completion of EWI's services hereunder or the expiration of the appropriate statute of limitations, whichever is earlier. 16. ATTORNEY, AGENT, OR COLLECTION AGENCY FEES AND EXPENSES: In the event this Authorization should be referred to an attorney at law, agent, or collection agency for collection, CLIENT agrees to pay such reasonable fees EWI may incur, in the collection hereof. 17. ENTIRE AGREEMENT: The Agreement (and any referenced attachments) constitute the entire agreement between CLIENT and EWI and supersedes all prior or oral or written representations or agreements. This Agreement shall not be modified except in writing and signed by both parties. If any provision of this Agreement is determined by a court to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Client Initial Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 01, 2021 TOPIC : Consider approval of an ordinance of the Town of Westlake, Texas, amending chapter 90, Article II, traffic and speed control, Division 3, speed, section s 90-79, certain streets, subsection 16 altering the prima facie speed limits for vehicles under the provisions of section 545.356 of the State of Texas Transportation Code upon State Highway 170 or parts thereof within the corporate limits of the Town of Westlake. STAFF CONTACT: Troy J. Meyer, Director of Public Works & Facilities Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Optimize Planning & Development Capabilities Time Line - Start Date: November 1, 2021 Completion Date: December 31, 2021 Funding Amount: N/A Status - Funded Source - N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) State Highway 114 and State Highway 170 connector was completed and open to traffic in 2018. The Fort Worth District Office of Texas Department of Transportation (TxDOT) conducted a speed zone study dated June 12, 2018, for portions of State Highway 170 as shown in Exhibit A. The study recommended a posted speed limit of 70 MPH on State Highway 170 generally east of the Denton/County Line when entering/exiting the completed main lanes and a posted speed limit of 55 MPH generally west the Denton/Tarrant County Line. In order to enforce the speed limits on public roadways, the Town needs to adopt an ordinance to regulate the speed on the roadway. Page 2 of 2 In March of 2019, the Town hired Lee Engineering to review the TXDOT recommendation and to conduct a speed study for SH 170 west of SH 114. The Lee study recommends the speed limit on the new section of SH 170 should be posted at 65 MPH to remain consistent with the existing posted speed of 65 MPH east of this location and extending through Southlake. This prevents the posted speed limit from increasing before being reduced to 55 MPH at the Denton /Tarrant County Line entering from/exiting onto the frontage road. Once the proposed ordnance is pasted town staff will submit the ordnance to TxDOT to update the speed limit signs on SH 170. This may take TxDOT up 30 days to post the new speed limit signs. STAFF RECOMMENDATION Staff recommends approval of the ordinance for the posted speed limits of 65 MPH Eastbound and 55 MPH on Westbound as indicated on this portion of SH 170. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: • Funding Source: N/A Contract: Yes Forms : N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Ordnance Exhibit “A” – SH 170 Speed Study Exhibit “A” Exhibit “B” – SH 170 Speed Limit Map Exhibit “B” Ordinance 943 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 943 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 90, ARTICLE II, TRAFFIC AND SPEED CONTROL, DIVISION 3, SPEED, SECTION 90-79, CERTAIN STREETS, SUBSECTION 16 ALTERING THE PRIMA FACIE SPEED LIMITS FOR VEHICLES UNDER THE PROVISIONS OF SECTION 545.356 OF THE TEXAS TRANSPORTATION CODE UPON STATE HIGHWAY 170 OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE TOWN OF WESTLAKE, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, Texas Transportation Code Section 545.356 provides that when the Town of Westlake Council determines from the results of an engineering and traffic investigation that any prima facie speed therein set forth is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the Town of Westlake, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as usual traffic thereon or other circumstances, the Town Council may determine and declare a reasonable and safe prima facie speed limit thereat or thereon said street or highway by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected along that part of the street or highway; and WHEREAS, the Fort Worth District Office of Texas Department of Transportation conducted a speed zone study dated June 12, 2018, for portions of State Highway 170 as shown in Exhibit A, specifically Control-Section: 3559 -01 & 02; and WHEREAS, Lee Engineering, LLC provided review and recommendations of the Exhibit A speed zone study for these portions of State Highway 170 as shown in Exhibit B; and WHEREAS, upon recommendation of the Texas Department of Transportation (TxDOT) the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of public safety, the town and its citize ns that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Ordinance 943 Page 2 of 3 SECTION 2: Upon the basis of an engineering and traffic investigation heretofore made as authorized provisions of Section 545.356 of the Texas Transportation code, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at a rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: SECTION 3: That Chapter 90, Article II, Traffic and Speed Control, Division 3, Speed, Section 90-79, Certain Streets, Subsection 16 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: ARTICLE II: Traffic and Speed Control, Division 3, Speed Sec. 90-79. Certain Streets (1 6 ) From and after the date of the passage of this speed zone ordinance, no motor vehicle shall be operated along and upon the main lanes of State Highway No. 170 within the corporate limits of the Town of Westlake in excess of the speeds now set forth in the following limits: a. 55 miles per hour as (Main Lanes), beginning at Mile Point 1.049 continuing in a southwestern direction for a distance of 0.570 miles to Mile Point 0 .479; and b. 55 miles per hour as (Main Lanes), beginning at Mile Point 0.479 continuing in a southwestern direction for a distance of 0.160 miles to Mile Point 0.319, located on the Denton / Tarrant County Line; and c. 55 miles per hour as (Main Lanes), beginning at Mile Point 0.319, located on the Denton / Tarrant County Line, continuing in a southwestern direction for a distance of 0.344 miles to Mile Point 5.930, located on the corporate limits for the Town of Westlake and the City of Fort Worth; and d. 55 miles per hour as (Main Lanes), beginning at Mile Point 5.930, located on the corporate limits for the Town of Westlake and the City of Fort Worth, continuing in a northeastern direction for a distance of 0.344 miles to Mile Post 6.274, located at the Tarrant / Denton County Line; and e. 65 miles per hour as (Main Lane), beginning at Mile Point 0.319, located on the Denton / Tarrant County Line, continuing in a northeastern direction for a distance of 0.730 miles to Mile Point 1.049. SECTION 4 : Notwithstanding any provision of this Ordinance, the speed limits established by Town of Westlake Code of Ordinances Chapter 90 (traffic and Vehicles), Division 3 (Speed) shall remain in full force and effect. SECTION 5 : That this Ordinance shall be c umulative of all other Town of Westlake, Texas Ordinances and all other provisions of other Ordinances adopted by the Town of Westlake, Texas which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 943 Page 3 of 3 SECTION 6 : Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed the maximum amount allowed by law. SECTION 7 : This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this Ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 8 : It is hereby declared to be the intention of the Town of Westlake, Texas, that sections paragraphs, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, sentences, paragraphs, or sections of this Ordinance, since they would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional phrase, sentence, paragraph, or section. SECTION 9: This ordinance shall take effect immediately from and after passage as the law in such case provides. PASSED AND APPROVED ON THIS 1st 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 EXHIBIT "A" Proposed speed limits for Highway 170 (Main Lanes)CITY OFFORT WORTHCITY OFROANOKETOWN OF WESTLAKE55556565656555555555EXHIBIT "B" NO BACKUP MATERIAL HAS BEEN PROVIDED FOR THIS ITEM. Town Council/ Board of Trustees Item #7 – Presentation and Discussion of the Town Council / Board of Trustee ethics, relations, and governance policy – previously titled Council/Board ethics policy. Page 1 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Discussion Monday, November 01, 2021 TOPIC: Presentation and discussion of the Town Council/Board of Trustee Governance Polices document. STAFF: Amanda DeGan, Town Manager / Superintendent STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity-driven Government Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase CSS Satisfaction SUMMARY The Town Council / Board of Trustee members have been entrusted with the important task of governing both the municipal and academic service areas for our organization. As such, they adopted an ethics policy in 2008 that was later updated in 2011. The municipal elections of 2021 brought two new Council members to the governing board, and as part of our review of our Council documents, the ethics policy was examined and updates suggested for consideration. Staff have drafted proposed changes to the document after consulting publications from the Texas Municipal League and updating the guidelines to reflect our current practices. New sections of the policy include information on the Council-Manager form of government, an updated paragraph and the responsibilities of the Mayor, and a section describing the responsibilities of the Council/BOT members. COUNCIL ACTION/OPTIONS The Council / Board of Trustees should review the document and provide Staff with feedback relative to any changes they would like to see in the policy. STAFF RECOMMENDATION Staff recommends a review and discussion of the information presented in the update to the Governance policy document. Page 2 of 2 FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms : N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Draft – Governance Policy Town Council Member and Board of Trustee Governance Policies Adopted 07/28/2008 Revised 10/28/2021 Page 2 of 13 We Will Never bring disgrace to this, our Town, by any act of dishonesty or cowardice; we will fight for our ideals and sacred things of the Town, both alone and with many; We will never bring disgrace to this, our Town, by any act of dishonesty or cowardice; we will fight for our ideals and sacred things of the Town, both alone and with many; we will revere and obey the Town’s laws and do our best to incite a like respect and reverence in those about us; we will strive unceasingly to quicken the public’s sense of civic duty; and thus in all the ways we will strive to transmit this Town not only not less but greater, better and more beautiful than it was transmitted to us. The Ephebic Oath was that taken by the young men of the ancient Athens when they became of age to assume the responsibility of citizenship We all have the responsibility to protect the integrity of our governing process and therefore, have read and agreed to these guidelines. Page 3 of 13 Table of Contents Section I: Governance Relations & Ethics Policy .............................4 A. Mayor/President’s Responsibilities......................................5 B. Council/Board of Trustee Member’s Responsibilities .........6 C. Mayor/President & Council/Board Member Code of Conduct ..................................................................7 D. Board and Staff Relations ....................................................7 Section II: Council -Manager Form of Government ..........................8 Section III: Agenda Procedures ........................................................9 Section IV: Council Media Relations ................................................12 Page 4 of 13 Section I - Governance Relations Policy The Westlake Town Council is the governing body for the Town of Westlake and the Board of Trustees is the governing body for Westlake Academy; therefore, they must bear the initial responsibility for the integrity of governance. Serving the community is a great honor and should help build the public trust in our local government. The Council/Board is responsible for its own development (both as a body and as individuals), its responsibilities, its own discipline, and its own performance. The development and adherence to this policy is designed to ensure effective and efficient governance as it is the foundation of our success. This policy will address Mayor/President and Council/Board relations, Council/Board and Staff relations, the Council-Manager Form of Government and Council/Board and media relations. By adopting these guidelines for elected officials, we acknowledge our responsibility to each other, to our professional staff, and to the public that we all serve . The Council/Board will govern the Town /Academy in a manner associated with a commitment to the preservation of the values and integrity of representative local government and democracy, and a dedication to the promotion of efficient and effective governing. The following statements will serve as a guide and acknowledge the commitment being made in this service to the community: 1. The Council/Board has as high priorities the continual improvement of the member’s professional ability and the promotion of an atmosphere conducive to the fair exchange of ideas and policies among members. 2. The Council/Board will endeavor to keep the community informed on municipal/academy affairs; encourage communication between the residents and the Council/Board; strive for strong working relationships among neighboring municipalities and elected officials. 3. In its governance role, the Council/Board will continue to be dedicated to friendly and courteous relationships with Staff, other Council/Board members, and the public, and seek to improve the quality and image of public service. 4. The Council/Board will also strive to recognize its responsibility to future generations by addressing the interrelatedness of the social, cultural, and physical characteristics of the ties of the community when making policies. 5. And finally, each Council/Board member will make a commitment to improve the quality of life for the individual and the community, and to be dedicated to the faithful stewardship of the public trust. Statement of Purpose In order to ensure the proper discharge of duties for the improvement of democratic municipal and school governance, Westlake Council/Board Members should display behavior that demonstrates independent, impartial review of all matters addressed by them and be duly responsible to the residents of Westlake and to each other in their relationships. Formatted: Font: 12 pt Page 5 of 13 Code of Ethics The office of elected officials is one of trust and service to the residents of the Town of Westlake and Westlake Academy. This position creates a special responsibility for the Westlake Council/Board Member. In response to this, the Westlake Council/Board is expected to govern this Town in a manner associated with a commitment to the preservation of the values and integrity of representative local government and local democracy and a dedication to the promotion of efficient and effective governing. To further these objectives, certain ethical principles shall govern the conduct of every Council/Board Member, who shall: 1. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the residents of Westlake; and, 2. Recognize that the chief function of local government at all times is to serve the best interests of all of the people; and, 3. Be dedicated to public service by being cooperative and constructive, and by making the best and most efficient use of available resources; and, 4. Refrain from any activity or action that may hinder one’s ability to be objective and impartial on any matter coming before the board. Do not seek nor accept gifts or special favors; believe that personal gain by use of confidential information or misuse of public funds or time is dishonest; and, 5. Recognize that public and political policy decisions, based on established values, are ultimately the responsibility of the board; and, 6. Conduct business in open, well publicized meetings in order to be directly accountable to the residents of Westlake. It is recognized that certain exceptions are made by the State for executive sessions; however, any action as a result of that type of meeting will be handled later in open session. A. MAYOR /PRESIDENT’S RESPONSIBILITIES The mayor has the important responsibility of presiding at meetings, issuing proclomations, and generally serves as the governmental head of Town Council/Board of Trustees. One of the major duties of the position, is to work with the other Council/Board Members to identify, prioritize, and allocate funding for the needs of both municipal and academic service areas and work with staff to set the strategic outcomes of the organization. Formatted: Centered, Space After: 10 pt Formatted: Font: 16 pt, Bold, Double underline, Font color: Custom Color(RGB(29,27,17)) Formatted: Font: 12 pt Formatted: Font color: Red Page 6 of 13 The Mayor also represents the Town in ceremonial events, makes presentations on behalf of the municipality and should expect to give interviews to the media (when necessary), preside at graduation each year, help produce videos for the organization and participate in business discussions with all stakeholders. Additional information is listed below: 1. The Mayor/President shall be the presiding officer at all meetings. The Mayor Pro-tem shall preside in his/her absence. 2. Except as provided for by State law pertaining to voting on Council/Board matters, the Mayor/President shall have a voice in all matters before the Council/Board. 3. The Mayor/President shall preserve order and decorum and shall require Council/Board members engaged in debate to limit discussion to the question under consideration. 4. The Mayor /President is the spokesperson for the Council/Board on all matters unless absent, at which time his/her designee will assume the role. 5. The Mayor/President will encourage all Council/Board members to participate in Council/Board discussions and give each member an opportunity to speak before any member can speak again on the same subject. 6. The Mayor /President may limit each speaker to three to five (5) minutes to ensure an efficient use of time. The Mayor/President is responsible for keeping the meetings orderly by recognizing each member for discussion, limiting speaking time, encouraging debate among members and keeping discussion limited to the agenda item being considered. 7. Should a conflict arise among Council/ Board members, the Mayor/President will serve as the mediator. B. COUNCIL/BOARD OF TRUSTEES MEMBER RESPONSIBILITIES Council/Board of Trustee members serve in a legislative role for the organization . They have the important role of approving policy direction, setting the strategic direction for both municipal and academic services through the establishment of the vision/mission/values and collaborating with staff to develop outcome objectives, and measuring the effectiveness of the service delivery methods for the municipality. Unless restricted by state law, each Council/Board member may vote (or abstain) on agenda items that require approval at meetings. Members also serve as the authorizing body that may levy taxes, assess and charge fees, sell bonds to finance projects and functions of the municipality, and approves the budget for both municipal and academic services. Formatted: Indent: Left: 0", Space After: 0 pt, Line spacing: single, Widow/Orphan control Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 14 pt, Bold, Font color: Custom Color(RGB(99,36,35)), Small caps Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.26" Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: Times New Roman, 14 pt, Bold, Font color: Custom Color(RGB(99,36,35)), Small caps Formatted: List Paragraph, Indent: Left: 0.26" Page 7 of 13 C. MAYOR /PRESIDENT AND COUNCIL/BOARD MEMBER CODE OF CONDUCT During the Council/Board meetings, members shall preserve order and decorum, shall not interrupt or delay proceedings, and shall not refuse to obey the orders of the Mayor/President or the rules of the Council/Board. Council/Board members shall demonstrate respect and courtesy to each other, to professional Staff, and to members of the public appearing before the Council/Board. Council/Board members shall refrain from rude and derogatory comments and shall not belittle Staff members, other Board members, or members of the public. They should not use their position to secure special privileges and should avoid situations that could cause any person to believe that they may have brought bias or partiality to a question or issue before the Council/Board. Members of the Council/Board will not condone any unethical or illegal activity. All members of the Council/Board agree to uphold the intent of this policy and to govern their actions accordingly. D. BOARD AND STAFF RELATIONS No single relationship is as important as that of the Council/Board and their Town Manager /Superintendent in effectively governing the Town of Westlake/Westlake Academy. It is for this reason that the Council/Board and Town Manager /Superintendent must understand their respective roles in that process. The Town Manager/Superintendent is the primary link between the Council/Board and the professional Staff. The Council’s/Board’s relationship with the Staff shall be through the Town Manager/Superintendent. 1. In order to ensure proper presentation of agenda items by Staff, questions arising from Council/Board members after receiving their information packet should be, whenever possible, presented to the Town Manager /Superintendent for Staff consideration prior to the meeting. This allows the Staff time to address the member’s concern and provide all members with the additional information. 2. The Town Manager /Superintendent shall designate the appropriate Staff member to address each agenda item and shall see that each presentation is prepared and presented in order to inform and educate the Council/Board on the issues which require action. The presentation should be professional, timely, and allow for discussion of options for resolving the issue. The Staff member making the presentation shall either make it clear that no action is required or present the specific options for Council/Board consideration. 3. The Town Manager /Superintendent is directly responsible for providing information to all the Council/Board concerning any inquiries by a specific Board member. If the Town Manager or his/her Staff’s time is being dominated or misdirected by a Council/Board member, it is his/her responsibility to inform the Mayor/President. 4. The Town Manager/Superintendent will be held responsible for the professional and ethical behavior of himself/herself and the discipline of his/her Staff. The Town Manager/Superintendent is also responsible for seeing that his/her Staff receives the education necessary to address the issues facing municipal government. Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Line spacing: single Page 8 of 13 5. Any conflicts arising between the Town Staff and the Council/Board will be addressed by the Mayor/President and the Town Manager /Superintendent. 6. All Staff members shall show each other, each Council/Board member, and the public respect and courtesy at all times. They are also responsible for making objective, professional presentations to ensure public confidence in the process. 7. The Town Manager /Superintendent, after an election, will make sure that the Staff has prepared information needed for the orientation of new Council/Board members and inform them of any Texas Municipal League/Texas Charter School conferences and seminars available. 8. The Town Manager /Superintendent will also be responsible for meeting personally with new members and informing them about Town/Academy facilities and procedures 9. 10.9. The Town Manager/ Superintendent is responsible for the orientation of all new Council/Board members after an election. The orientation shall include meeting procedures, Staff and media relations, current agenda items and leadership training programs. SECTION II – COUNCIL-MANAGER FORM OF GOVERNMENT The Council-Manager Form of government (or town manager plan) is similar, in many respects, to that of a private corporation, in which the stockholders elect a board of directors which then hires a president to run the company. Under the city manager plan, the voters elect a city council which, in turn, hires a town manager to administer the town’s day-to -day operations. Under this configuration, the council serves as the legislative body: sets policy, approves the budget, sets the tax rate, and the extent and cost of municipal and academic services. In short, the council is the final authority on the policy decisions that determine the scope and functions of the town government. The mayor and councilmembers have no administrative duties under the Council-Manager form of government. These responsibilities are vested in the town manager, who is responsible for hiring staff, directing and managing the programs of the town in accordance with ordinances, rules, and regulations adopted by the council. The typical town manager in Texas is appointed for an indefinite term and is subject to dismissal by the council at any time except as otherwise prohibited by law. He or she is designated as the chief executive and administrative officer of the town and is accountable to the council for the proper conduct of all municipal operations. The manager has the unilateral authority to hire, discipline, and fire the department heads under the town manager’s direction . In our organization, the town attorney and municipal judge, are directly hired and/or supervised by the council rather than the town manager. Although the manager’s role varies from one city to another, the primary function is to implement the policies established by the council and ensure the city is operated in an economical and responsible manner. Specific duties of the manager may include the following: Formatted: Font: 12 pt Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Page 9 of 13 1. Enforcing all town ordinances, rules, and regulations. 2. Supervising all municipal and academic employees and programs. 3. Preparing and executing the town’s annual budgets for municipal and academic services 4. Managing the town’s funds and preparing periodic reports that advise the council and the public of the town’s financial position . 5. Providing information to the council to facilitate its ability to make informed decisions in the best interests of the town . 6. Preparing council and board meeting agendas and attending all such meetings to serve as a resource to the council and the public. 7. Identifying needs of the community and recommending methodology by which the council may respond to those needs. SECTION III – AGENDA GUIDELINES AND PROCEDURES The Open Meetings Act (the “Act”) was adopted to help facilitate the publics access to governmental meetings and decision-making processes. “It requires meetings of governmental bodies to be open to the public, liberally construed in favor of open government.” (excerpted from the www.texasattorneygeneral.gov website) The Act prohibits the Town Council/Board of Trustees, boards, and commissions from taking action on or engaging in any discussion regarding an item not listed on the agenda. There will be a section for open citizen comments during each agenda; however, the Council/Board Members are not allowed to engage or interact on the topic with the person speaking during this portion of the meeting. Quorum of Elected Officials: The Act defines “quorum” as a majority of the governing body for both the Town Council and the Board of Trustees. For example, three members of the five- member Council/Board constitutes a quorum for hearing both municipal and academic matters. Except in certain circumstances, the presence of the Mayor/President is not included in the ‘count’ for a quorum. A resident who has been elected to serve as a member of a governing body but whose election has not been certified (or the oath of office administered) is not yet a member of the governing body. Thus, a meeting between two newly elected persons who have not yet taken the oath of office and two serving Council/BOT members is not subject to the Act because no quorum is present. It is also important to note, that a board member may not delegate his or her authority to deliberate or vote to another person, absent express statutory authority to do so. Regular meetings of the Town Council/Board of Trustees are held on the second and fourth Monday of each month. The meetings will begin at the time posted on each respective agenda and may change based on the number of items placed on the agenda for discussions during each session. The location will also be posted for each meeting in order to allow the public to attend and participate in the local government process. Consent Agenda Items The consent agenda includes items of a routine nature and will generally be approved with one motion. Council/Board Members may ask a question regarding a consent agenda item, speak in opposition to the recommended action, request that their vote show opposition to an item, or may remove an item from the consent agenda and have it considered as a separate item. Any item so removed from the consent agenda shall be considered after other items on the consent portion of the agenda have been heard and voted on. Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Times New Roman, Font color: Red Formatted: Font color: Red Formatted: Normal (Web), Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Widow/Orphan control Page 10 of 13 Executive Session Executive Sessions are closed meetings and are permitted for the discussion of the following items that legitimately fall within the exceptions as stated in the Texas Open Meetings Act: • Consultation with the Town Attorney to seek advice about pending or contemplated litigation, settlement offer, or other matter as permitted; • Deliberations regarding the purchase, lease, exchange or value of real property; • Deliberations regarding personnel matters; or • Deliberations regarding economic development negotiations Future Agenda Item Requests. Any Council/Board member may request at a workshop and / or regular meeting, under “Future Agenda Item Requests”, an agenda item for a future meeting. a. The Council/Board member making the request will contact the Town Manager/Superintendent, in writing, with the requested item and the Town Manager/Superintendent will list it on an agenda as a “Future Agenda Item” for consideration by the entire Council/Board member team. b. At the meeting, the requesting Council/Board member will explain the request and the need for discussion of the item, the item’s relationship to the strategic priorities/objectives, and the amount of estimated staff time necessary to prepare the item for discussion. c. If the requesting Council/Board member receives a second, the Town Manager/Superintendent will place the item on a future agenda calendar allowing for adequate time for staff preparation. d. The timing of the agenda item on a future meeting date will be at the Town Manager/Superintendent’s discretion and will be contingent on topics already scheduled for future agendas and/or scheduled as a part of the normal course of business. Requests for Administrative Inquiry . A Council/Board member may request that the Town Manager/Superintendent investigate a specific topic or subject and report staff’s response and/or findings back to the entire Council/Board by brief email. Administrative inquiries are strictly intended for items that are of interest to the Council/Board as a whole, will require only brief staff time to investigate and respond, and in the Council’s/Board’s view does not merit time or discussion at a Council/Board meeting. The requesting Council/Board member will explain the topic of the administrative inquiry and the reason(s) it is desired to have staff investigate this item. a. The Council/Board member making the request will contact the Town Manager/Superintendent, in writing, with the requested item and the Town Manager/Superintendent will list it on an agenda as a “Request for Administrative Inquiry” for consideration by the entire Council/Board member team. b. At the meeting, the requesting Council/Board member will explain the request and the need for investigation and report preparation of the item, the item’s relationship to the strategic priorities/objectives, and the amount of estimated staff time necessary to prepare the item for discussion. c. If the requesting Council/Board member receives a second, the Town Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 0.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt Page 11 of 13 Manager/Superintendent will investigate the topic and report back to the Town Council/Board via email. d. The Town Manager/Superintendent will take into consideration other tasks currently in process and will prioritize the timing of the investigative report based on competing priorities. Agenda Reports. Reports are prepared by staff and placed on the appropriate Council/Board agenda for informational purposes and will be accepted as presented. There will be no presentation for these items or separate discussion unless a Council/Board member requests that a report be removed and discussed separately. 1. Each Council/Board member is responsible for being prepared to attend the meetings and discuss the agenda and is encouraged to attend at least one Texas Municipal League or Texas Charter School sponsored conference each year in order to stay informed on issues facing municipalities and charter schools. It is the responsibility of Council/Board members to be informed about previous action taken by the Council/Board in their absence. In the case of absence from a work session where information is given, The individual Council/Board member is responsible for scheduling a discussion with the Town Manager/Superintendent to receive an update on information that was discussed at any missed agenda meeting. This update should occur prior to the next regularly scheduled Council/Board meeting in order to ensure each Council/Board Member is receiving timely information and engaged in the process of governance for the community. obtaining this information prior to the Council/Board meeting when said item is to be voted upon. General Rules of Order 2.1.When addressing an agenda item, the Council/Board member shall first be recognized by the Mayor/President, confine himself/herself to the question under debate, avoid reference to personalities, and refrain from impugning the integrity or motives of any other Council/Board member or Staff member in his/her argument or vote. 3.2.In the absence of a ruling by the Mayor/President on any procedural matter, a Council/Board member may move to change the order of business or make any other procedural decision deemed appropriate. The affirmative vote of a majority of the Council/Board members present and voting shall be necessary to approve the motion. 4.3.Any Council/Board member may appeal to the Council/Board as a whole from a ruling by the Mayor/President. If the appeal is seconded, the person making the appeal may make a brief statement and the Mayor/President may explain his/her position, but no other member may speak on the motion. The Mayor/President will then put the ruling to a vote. 5.4.Any Council/Board member may ask the Mayor/President to enforce the rules established by the Board. Should the Mayor/President fail to do so, a majority vote of the Council/Board members present shall require him/her to do so. 6.5.When a Council/Board member is appointed to serve as liaison to an affiliate b oard, the Council/Board member is responsible for keeping all Council/Board members informed of Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0.31", Outline numbered + Level: 2 + Numbering Style: a, b, c, … + Aligned at: 0.75" + Indent at: 1" Formatted: Font: Times New Roman, 2 pt Formatted: No Spacing, Widow/Orphan control Formatted: Font: Times New Roman, 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt, Font color: Custom Color(RGB(29,27,17)) Formatted: Normal, No bullets or numbering, Tab stops: 0.17", Left + Not at 2.15" Formatted: Line spacing: single Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt, Font color: Custom Color(RGB(29,27,17)) Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt, Font color: Custom Color(RGB(29,27,17)) Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Indent: Left: 0.25", Hanging: 0.25" Formatted: Font: Times New Roman, 12 pt, Font color: Custom Color(RGB(29,27,17)) Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Font: Times New Roman, 12 pt, Font color: Custom Color(RGB(29,27,17)) Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Indent: Left: 0.25" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Page 12 of 13 significant activities. 7.6.As much as practicable, Council/Board agendas, particularly workshop meetings, should be centered on the Council’s/Board’s strategic plans and related policy matters. To achieve that end, the Town Manager/Superintendent and his/her Staff will work to facilitate that focus. SECTION III COUNCIL/BOARD AND MEDIA RELATIONS Since the democratic form of government is only successful when the citizens are kept informed and educated about the issues facing their municipality, it is imperative the media play an important role in the council-manager-media relations. It is through an informed public that progress is insured and good government remains sensitive to its constituents. These guidelines are designed to help ensure fair relationships with print, radio, and television reporters. The Council/Board and the Town Manager/ Sup erintendent recognize that the news media provides an important link between the Council/Board and the public. It is desire to establish a professional working relationship to help maintain a well informed and educated citizenry. 1. During the conduct of official business, the news media shall occupy places designated for them or the general public. 2. All reporters will have access to an agenda and will be furnished support material needed for clarification if requested. 3. In order to preserve the decorum and professionalism of Council/Board meetings, the media are requested to refrain from conversing privately with other people in the audience and to conduct any interview with the public outside the meeting room while the Council/Board is in session. 4. Since each government body conducts business differently, it is requested that all reporters new to Board meetings meet with the Town Manager/Superintendent, Mayor/President, or the designated media relations representative prior to covering their first meeting to be informed of the policies and procedures to help foster a professional working relationship between the media reporter and the Town. 5. On administrative matters, the Town Manager/Superintendent is the spokesperson, unless he/she has appointed a media relations person to present staff information on the agenda. 6. The Mayor/President, or his/her designee, is the primary spokesperson for the Town/Academy on matters regarding policy decisions or any Council/Board information pertaining to issues on the agenda. In order to ensure fair treatment of an issue, any clarifications requested by the media on the issue should be addressed after the meeting. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space After: 10 pt Formatted: Font: 12 pt Page 13 of 13 When opposing positions have been debated, regardless of the outcome, the public is better informed when all sides have adequate coverage by the media. This lets the public know that the item was seriously debated and options discussed before a vote was taken, and helps build confidence in the democratic process. 7. The Town of Westlake Council/Board is made up of five (5) Council/Board Members and a Mayor/President, each elected by the residents of Westlake. In respect to each Council/Board Member and his/her constituents, his/her views as presented on an issue before the Board should provide equitable representation from all members. Even though Council/Board members may express differing ideas, equitable representation helps promote unity of purpose by allowing the public to be informed of each member’s position during his/her term of office and not only during an election campaign. Formatted: Indent: Left: 0", First line: 0", Space After: 0 pt, Line spacing: single, Widow/Orphan control TOWN MANAGER/SUPERINTENDENT UPDATE. a. Classroom, Club, Sports Closures due to illness/COVID. Town Council/ Board of Trustees Item #8 –Town Manager/Superintendent update 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# 9 – Executive Session Town Council/Board of Trustees Item # 10 – Reconvene Town Council/Board of Trustees Meeting TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Town Council/Board of Trustees Item # 11 – Necessary Action Town Council/Board of Trustees Item # 12 – Recap and Staff Direction a. Approved by Town Council/Board of Trustees 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. Live stream Council Meetings ii. Meet the Candidate forums during the Election cycle Town Council/Board of Trustees Item # 13 – Future Agenda Items Town Council/ Board of Trustees Item # 14 – Adjournment