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Agenda CC 08.11.2009
Notice of Meeting of the Governing Body of the City of Georgetown, Texas AUGUST 11, 2009 The Georgetown City Council will meet on AUGUST 11, 2009 at 6:00 P.M. at the Council Chambers at 101 E. 7th Street If you need accommodations for a disability, please notify the city in advance. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Pledge of Allegiance Comments from the Mayor -Welcome and Meeting Procedures City Manager Comments Action from Executive Session Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, there were no persons who requested to address the Council on items other than what was already posted on this Agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop held on Monday, July 27th and the Council Meeting on Tuesday, July 28th -- Jessica Hamilton, City Secretary D Consideration and possible action to approve a Master Services Agreement with Eleven Thirteen Architects of Georgetown to provide professional architectural services -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer E Consideration and possible action for the approval of an architectural services task order with Eleven Thirteen Architects to provide design renovations to the Municipal Complex Building in an amount not to exceed $45,000 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer F Consideration and possible action to renew the existing household hazardous waste contract between the City of Georgetown and PA-jer Corporation, dba Williamson County Recycle Center (WCRC), of Georgetown, Texas, for the proper disposal of residential utility customers' Household Hazardous Waste (HHW) -- Rachel Osgood, Environmental Services Coordinator and Jim Briggs Assistant City Manager for Utility Operations G Consideration and possible action to authorize the Georgetown Fire Department to make an application to the Capital Area Council of Governments (CAPCOG) grants program, Homeland Security Funding, FY 2010 -- Robert Fite, Fire Chief H Consideration and possible action to approve an award of a bid for IOOF Cemetery landscape maintenance to Maldonado Nursery and Landscaping, Inc. of Austin in the amount of $41,457.60 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Legislative Regular Agenda I Consideration and possible action to direct staff to amend Personnel Policy #350 on Longevity to include administrative Procedures to limit the payout of longevity to only those employees who have completed the specified minimum year(s) of service -- Kevin Russell, Director of Human Resources & Civil Service J Consideration and possible action to direct staff to amend Personnel Policy #120 on Salary Administration to include a section on Merit Based Pay in the Salary Program Elements section of the policy that would allow for the payment of adjustments to employee base salaries, if in any given year the Council approves funds for the Merit program -- Kevin Russell, Director of Human Resources & Civil Service K First Reading of an Ordinance of the City Council of the City of Georgetown, Texas Adding New Chapter 6.70 to the City of Georgetown Code of Ordinances Regarding Garage Sales, Permits for Garage Sales, and Garage Sale Signs -- Paul E. Brandenburg, City Manager L First Reading of an Ordinance amending the following sections of Chapter 2.115 of the Code of Ordinances relating to the Georgetown Village Public Improvement District No. 1 Advisory Board, amending Sections 2.115.030 and 2.1 15.040 --Patricia E. Carls, City Attorney Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. M Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including this week's agenda items 2. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 3. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas N Sec. 551.074 Personnel Matters - Discussion of the goal setting criteria of the City Manager Adjournment Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the day of , 2009, at , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. Sandra Lee, City Secretary City of Georgetown, Texas August 11, 2009 SUBJECT: Call to Order Pledge of Allegiance Comments from the Mayor -Welcome and Meeting Procedures City Manager Comments Action from Executive Session ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary Cover Memo Item # A City of Georgetown, Texas August 11, 2009 SUBJECT: - As of the deadline, there were no persons who requested to address the Council on items other than what was already posted on this Agenda. ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary Cover Memo Item # B City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action to approve the minutes of the Workshop held on Monday, July 27th and the Council Meeting on Tuesday, July 28th -- Jessica Hamilton, City Secretary ITEM SUMMARY: Please see attached for a copy of the minutes. FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary ATTACHMENTS: July 27, 2009 Minutes July 28, 2009 Minutes Cover Memo Item # C Attachment number 1 Page 1 of 4 Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Monday, July 27, 2009 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Keith Brainard, Dale Ross, Gabe Sansing, Bill Pat Berryman Sattler, Patty Eason, Ben Oliver Staff Present: Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, City Secretary; Elizabeth Cook, Director of Community Development; Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant Director of Finance; Randy Morrow, Community Services Director; Kevin Russell, Director of Human Resources and Civil Service; Brent Schacherl, Interim Chief of Police Minutes Policy Development/Review Workshop - CaII to order at 04:00 PM A Workshop discussion and possible action on follow-up items pertaining to the 2009/10 City Manager's Proposed Budget, including direction on finalizing the proposed tax rate and balancing the budget-- Micki Rundell, Chief Financial Officer and Paul E. Brandenburg, City Manager Brandenburg said this item is a follow up to the last Workshop and he reviewed the direction given to staff from the last meeting. He spoke about the potential of lowering the tax rate and added staff would like direction on where to go with that rate. He said the budget is a status quo budget and noted he did not want it to impact current service levels to the citizens. Rundell said the City has received the certified valuation of $4,173,874,127. She said this number includes 60% of property that is currently under review. She said new property is low and added the total valuation decrease is less than 1.57%. Rundell showed Council a graph demonstrating the assessed valuation in the City. She said this is the first year the City has seen a true valuation decrease. She showed Council an assessed valuation breakdown broken up into non -frozen, frozen, mult-family, commerical, and personal property. She said the frozen property has become a larger portion of the total single family properties. She said the 2008 assessed valuation included more than $842 million of frozen property and noted, this year, the frozen property has increased to $1.1 billion. She showed Council a graph of the percentage valuation that has been frozen. She said, as of this year, 27.7% of the total valuation is now frozen. She noted the average home value decreased 2.1% from $192,841 to $188,789 this year. Brandenburg reviewed the various 2009 tax rate options. He explained options A through D including the city manager proposed rate (A), using the fund balance to lower the rate (B), using fund balance to get down to the current tax rate (C) and keeping the tax rate at the current level (D). He said Option A (the City Manager's proposed rate) is $0.37959 with continues current service levels and is 9.5% less than the effective rate. He said, for the average homeowner it would be $29 more per year. He said Option B, which is to fund the balance with one time money, continues current service levels as well the continuation of the budgets contingency plan. He noted this would use excess funds to buy down debt in order to keep the tax rate lower. He said, with option B, the rate would be $0.36959 with a dollar impact on each homeowner of $18.88. He reviewed Option C, which would use fund balance money as well as additional budget cuts. He spoke about some of those budget cuts. He said the total would be $0.3637 and noted it reduces current service levels and uses General Fund excess funds City Council Meeting Minutes/July 27, 2009 Page 1 of 4 Pages Item # C Attachment number 1 Page 2 of 4 for one time debt service reduction. He said this rate would provide the same tax bill to the homeowner as in the prior year. He said Option D is to keep the current tax rate as it is at $0.35622. He noted this would reduce current service levels and includes continuation of budget contingency plan. He said the City would need to cut operating expenses by $365,000. He said it would use general fund excess funds to fund one time debt service reduction. He said homeowners would pay $14.42 on average less than last year due to valuation decreases. He said, with options B, C, and D, there would be some concern with the Citys bond rating. He summarized the tax impact to the average homeowner of each of the options. He reviewed the next steps of this process including finalizing the proposed tax rate, making necessary cuts to balance the General Fund, publishing the "effective tax rate" calculation, finalizing budget summary, holding the pubic hearings of the tax rate, and approving the budget Ordinances. He briefly reviewed the four options just presented to the Council. Mayor asked and Brandenburg confirmed the request is for Council to give direction to staff on how to proceed with the preferred tax rate. Oliver asked and Brandenburg said options B, C and D could be going against the Council financial policy. Rundell) said part of the policy addresses operating funds and not debt service funds. She said the policy is that the City must fund its operating expenses on a one to one basis. Oliver asked and Rundell said, if the City goes with Options B-D, it would be artificially lowering the tax rate. Rundell said, if there had been no increase in debt, the City would still have a tax rate increase because of the decrease in valuations. Sattler asked and Rundell said, if the City sold Albertsons and recovered the cost of the building as well as the cost of the bonds, the City could fund debt service but could not recall the bonds. Brainard commended Brandenburg and staff for the current prepared budget and added he can tell staff did a lot of work He said it is worth it to acknowledge how difficult it is to work under the current property tax structure. He said a lot of people feel their property tax valuation has lost relationship with reality. He said one of the top priorities for this Council is to have no increase property tax burden, but it is clear that this is a difficult thing to do. Brainard asked about the dollars associated with increased funding for employee health insurance and the merit pay element for City employees. Rundell said the dollar amount is about $199,265 on an annual basis and added, if it is implemented in April, the City would save $100,000. Brainard asked and Rundell said the difference in dollar amount between the City Manager's proposed rate and the current tax rate is $874,999. Brainard asked and Brandenburg said the current budget assumes $400,000 for social services funding and added, this year, the City funded $360,000. Rundell said the City allocated less of the money that was in the budget this year for social services Brainard asked and Brandenburg confirmed the budget includes $1.5 million for the Williams Drive Gateway right of way project. Mayor asked and Rundell said the appraisal district will only certify60% of the valuations on the tax base and the staff always uses that total to come up with the tax rate. Mayor asked and Rundell said there is a potential for additional revenue to the City but the City can not certify at that total. She spoke again about frozen property and the effect on the City's tax rate. She said this is going to be the first year the City will go below the effective rate. She said, if the City receives 95% of property under review, it would mean a little over $250,000 of additional revenue. Ross said the City is looking at expense reduction and he wants to make sure the City is also looking at revenue projections. Brandenburg said the City has pushed sales tax projections as far as it can. He noted the City can take a look at its fees, but he does not want staff to rely on revenue. Ross said not all valuations have been determined yet and asked what a realistic number would be if all valuations were included Ross asked about the revenue the City would gain with 100% of the property tax appeals. Rundell noted the appraiser will only certify at 60%, which is what impacts the effective rate. Rundell said if the City estimates the property tax revenue at 90%, the City's deficit falls to $613,000. Sattler asked and Rundell confirmed this would be with the $0.35622 rate. Ross asked and Rundell said the bond rating agencies would not review an accepted budget or sign their name to anything the Council approved. Rundell said the bond rating agencies' concerns for next year are that valuations will go down, frozen property will go up and how the City is addressing this issue. She noted the City will have to come up with a different strategy to handle the frozen property in future years. Ross asked and Brandenburg spoke about the City's resurfacing and how going with the first option would reduce that service levels to citizens. Brandenburg said the City would go back to the previous, less -expensive, and less desirable method for doing this project. Brandenburg said that would be a policy decision from the Council. Miller described this particular type of resurfacing. Mayor asked and Brandenburg described the complaints received after using this process. Eason asked and Brandenburg confirmed the City would contract out for those services . There were many questions. Sattler asked about the option of having a required day off per year for additional budget savings. Brandenburg said this would not apply to civil service. Sattler asked and Rundell said there are $535,339 of excess funds in the current general fund. Rundell listed additional one time costs with a total of a little over $1.6 million. Ross asked and Rundell said, if the City delays the McCoy right of way, it would free up $850,000 from this budget as well as $650,000 from a previous budget. Ross said and Rundell confirmed the total would be about $1.5 million. Brainard asked and Rundell said, if the City assumed it would get 90% of its value and elect to move the City Council Meeting Minutes/July 27, 2009 Page 2 of 4 Pages Item # C Attachment number 1 Page 3 of 4 $500,000 of the current excess funds over to next year, the City could use money allocated for other projects to buy down the tax rate until valuations pick up. Sattler asked and Rundell reviewed the one time funds available and set aside for other projects. She said most of these excess one time funds go back to 2007. Oliver asked and Rundell the City ended the year 2007-2008 with over $2 million of leftover funds that were never allocated. She said the City still has the reserves and staff is requesting to spend $1.6 million for one time projects. She noted, therefore, there is $500,000 left in the budget to go toward lowering the tax rate. Ross spoke about Option D as it relates to Maple Street and the Williams Drive right of way. Ross asked and Rundell confirmed the City could use one time money for those funds to buy down the general fund debt Ross asked and Rundell said, if the City postpones these project, it would get the tax rate to the Option D level. Ross said he thinks the McCoy project could be delayed one year and noted delaying that project as well as Williams Drive would give the City enough money to stay at the current tax rate. Eason asked and Rundell confirmed this would not lower or cut any budget items or current services to citizens. Rundell said, right now, the City does not have a budget contingency. Ross thanked Brandenburg and Rundell and said they have done very fine work as it related to the budget. Sansing said everyone is making really good points. He noted some citizens would be willing to pay an increase on their tax rate in order for their services to stay the same and as long as their money is not spent foolishly. Sansing said he think it is good the City is looking at the one time money option, but he asked at what point in time does the City throw its hands up in the air and become a skeleton. He said he is curious as to what the City gets by having the lowest tax rate in the area Sansing said he questions if it is wise for Council to do what it can to get the tax rate down to bare bones. He said, the Council made a mistake one year of not going to a proposed rate and the City has been paying for it ever since. He said he is afraid next year would be an even bigger issue. He said the Council can bring the tax rate down right now, but the City needs to think about the effects on the future. Oliver said he appreciates what Sansing is saying and he came into the meeting with the same opinion He said he does, however, feel more comfortable speaking about postponing the McCoy project and the Maple Street project. Oliver said and Rundell noted, the City is below the effective rate, so there are no publication requirements for the tax rate. Rundell added the public hearing will only be necessary for the budget Eason said she is concerned about going to a tax rate that is less than the current rate and noted is more satisfied with option B. She said the Council has spent too much time trying to make up for previous sins. She said she thinks people would be pleased even if there was a small lowering of the rate. She noted she thinks it is a bad idea to do anything less than Option B. She does not see it as a benefit to the City in the long run to postpone the pain coming in the future. Sattler asked and Brandenburg said the McCoy project probably wouldn't start for a few years, but they would like for some funding to be lined up in the next year or twa Sansing asked and Rundell said the City does not need all of the funding from the McCoy project to bring the tax rate down to 0.35622. Eason said the problem with doing this is that it is one time money and she is worried about where that would put the City next year. Motion by Sansing, second by Eason to move forward with Option B as the target for the CitVs tax rate. Oliver asked and Rundell said staff could use one time money from McCoy or another project to pay down debt to put the City at the rate in Option B. Sattler asked and Eason said she only wants to go to Option B because the City will not have as many losses as with the other options. Ross said this would be the worst time to have a tax rate increase when there are hardworking families out there that are struggling. He said there are multiple taxing jurisdictions in the area and he does not see the problem with keeping the effective tax rate where it is now. He said the City could easily get to option D with the available leftover funds. He said he does not understand why anyone would ever consider Option B or A if the City does away with the McCoy project and the Maple project is already in the bank. Sansing said the Council needs to look to the future. He asked why the City of Georgetown should be the only one to cut its tax rate. He said he would support no change for this year, but he would not consider going any lower than that. Ross said going with Option D is not cutting things to the bone and the only pain is that employees will not receive any pay adjustments Brainard said per capita property taxes have risen more than 70%. He reviewed the money allocations within the budget and noted this budget includes salary adjustments for all City employees that are qualified He said public employees around the Country are suffering major losses and Georgetown is not doing that at aft He said the City has come up with a formula to keep the tax rate the same on a population who has many members who have lost their job. Brainard said the idea that the City would not be able to sustain the current rate is a mystery to him and he added he will oppose vehemently any effort to increase the rate at this particular time. Sansing asked and Brainard said he would propose going with Option D which would have the City using the Maple Street and McCoy money to buy the rate down. There were many questions. Mayor said and Rundell agreed Option C would take the average home, which has experienced a loss in valuation, and raise the rate to a point where people would actually be paying the same rate that they paid this year. Sansing withdrew his motion. City Council Meeting Minutes/July 27, 2009 Page 3 of 4 Pages Item # C Attachment number 1 Page 4 of 4 Motion by Brainard, second by Sattler to approve Option D. Sansing said the City has a chance to take the rate below the effective rate and he added he thinks it is a mistake to lower the tax rate below what it is right now. Oliver said he will oppose this and said Option C would do what the Council would like and Option D would cause certain homeowners to pay more taxes. Vote on the motion: Tied 3-3 (Oliver, Eason, Sansing opposed) Mayor broke the tie and opposed the motion. Motion Denied. Motion by Eason, second by Oliver to approve Option C. Tied 3-3 (Brainard, Ross, Sattler opposed) Mayor broke the tie and voted in favor of the motion. Approved 4-3 (Brainard, Ross, Sattler opposed) Recessed to Executive Session under Sections 551.071 and 551.084 -- 5:40 pm Returned to Open Session and adjourned -- 6:12pm The meeting was adjourned at 06:00 PM. Approved : Mayor George Garver Attest: City Secretary Jessica Hamilton City Council Meeting Minutes/July 27, 2009 Page 4 of 4 Pages Item # C Attachment number 2 Page 1 of 5 Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, July 28, 2009 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Keith Brainard, Gabe Sansing, Dale Ross, Ben Pat Berryman Oliver, Bill Sattler, Patty Eason Staff Present: Paul E, Brandenburg, City Manager; Patricia E. Carls, City Attorney; Elizabeth Cook, Director of Community Development; Micki Rundell, Chief Financial Officer; Mark Thomas, Economic Developmen Director; Glenn Dishong, Water Services Director; Brent Schacherl, Chief of Police; Mark Miller, Transportation Services Manager; Paul Elkins, Electric Operations Manager; Cathy Leloux, Court Administrator; Patrick Hurley, Interim Police Chief; Keith Hutchinson, Public Information Officer; Kimberly Garrett, Director of Parks and Recreation; Laurie Brewer, Assistant Director of Finance and Administration; Terri Calhoun, GUS Paralegal Minutes Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures Mayor reviewed the Citys meeting procedures and opportunities to address the City Council. -Presentation of Proclamation to Williamson County Cities and Health District in recognition of World Breastfeeding Month Mayor presented the proclamation to Casy Wilburn from the Williamson County Cities and Health District Wilburn said she is part of the WIC program and she noted they are celebrating World Breastfeeding month on August 1st. She thanked the Council for recognizing her organization. City Manager Comments - Plan of the Year Award for Parks and Recreation - Free Admission to Pools on July 31 st - Water Conservation - Staggered Watering Schedule Action from Executive Session - There was no action out of Executive Session Public Wishing to Address Council City Council Meeting Minutes/July 28, 2009 Page 1 of 5 Pages Item # C Attachment number 2 Page 2 of 5 On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - Bob Kostka of the Georgetown Palace Theatre regarding the Citys support for the Palace's Children's Workshop Kostka said he is here on the behalf of the Palace Theatre and its application to the Citys social service and youth funding program. He said the mission of the theatre is to provide an opportunity for public entertainment and educational opportunities in the performing arts. He spoke about the Children's Workshop and its goal to provide an opportunity for kids to build their self esteem and self worth through performing on a live stage in front of a live audience. He spoke about the history of the program and noted they currently have over 300 children in the program. He spoke about a couple of their success stories. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop held on Monday, July 13th and the Council Meeting on Tuesday, Jul 14th -- Jessica Hamiton, City Secretary Eason had a few correction to minutes of July 14th, 2009. D Consideration and possible action for the approval of the Georgetown Police Department to apply for a manufacturer sponsored corporate buy down grant from AEDgrantcom for the purchase of Automated External Defibrillators (AED's) -- Brent Schacherl, Interim Police Chief E Consideration and possible action for an approval to issue payment to Flowers Construction, Inc. for labor on the City owned electric distribution system in the amount of $28,934.05 -- Paul Elkins, Electric Operations Manager and Jim Briggs, Assistant City Manager for Utility Operations F Consideration and possible action to approve Task Order No. MEI-09-001 with McCord Engineering, Inc. (MEI), of College Station, Texas, for professional engineering services related to the review and setting of the electric relays at the various substations on the Georgetown Utility System for an amount not to exceed $18,600.00 -- Steve Glenn, P. E., Transmission and Distribution Engineer and Jim Briggs, Assistant City Manager for Utility Operations G Consideration and possible action to authorize the Mayor to enter into a Purchase Agreement with MPE Enterprises, LLC for the purchase of a 0.0276-acre Permanent Slope Easement in connection with the Rock Street Extension Project -- Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations H Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement and a temporary construction easement from Thomas D. Stipanovic, Paul D. Stipanovic and Steve Pena, as custodian on behalf of Karsen Stipanovic and Karli Stipanovic, to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility Improvement Project-- Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended June 30, 2009 -- Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant Finance Director and Lorie Lankford, Accounting Manager J Forwarded from the Georgetown Economic Development Corporation (GEDCO): Consideration and possible action regarding the approval of a professional services contract with Steger & City Council Meeting Minutes/July 28, 2009 Page 2 of 5 Pages Item # C Attachment number 2 Page 3 of 5 Bizzell Engineering, Inc. -- Mark Thomas, Economic Development Director. Motion by Sansing, second by Brainard to approve the Consent agenda with the correction to the minutes Approved 6-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: K Georgetown Citizen Academy Graduation Ceremony -- Paul E. Brandenburg, City Manager Mayor gave a brief history of the Citizen Academy and noted the feedback of the program has been extremely outstanding. Brandenburg gave a history of how the program formed and the education it provides to the public on how City government works. He said the City impacts people's lives on a daily basis and the Academy is a means of being transparent with what the City does for its citizens. He noted there are now two semesters per year and they try to keep the classes at about 20 members each. He said many of the program's graduates have signed up to serve of the City's Boards and Commissions. Mayor and Brandenburg presented diplomas to the Citizen Academy graduates. Drought and Water Update -- Paul E. Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations and Glenn Dishong, Water Services Director Brandenburg reviewed the item and gave an update on the current drought and water supply in the City. He said the City is looking for voluntary compliance for water usage. He said that Georgetown is in the exceptional drought category, but noted the recent rain in the area has helped the acquifer a little bit. He noted the City has not received any measurable rain in over 90 days. He showed Council pictures of the San Gabriel taken on July 25th. He showed Council a graph of the levels at Lake Georgetown as well as a graph of the current water supply availability. He also spoke about the current level of the Edwards Aquifer and how it compares to critical levels. He said the current drought plan stage is voluntary and he spoke about the regulations of that voluntary program. He showed Council slides that have been placed on the local cable channel regarding the program He spoke about the watering requests placed on local residents who have automatic irrigation systems He said the voluntary program has definitely had an impact on the water supply in the City. He said the City would like to see more participation and noted the City has not gone to mandatory restrictions yet Sansing asked about the start times for the automatic irrigation system and said he thinks the 7 a.m. start time is still a little late. Brandenburg explained why staff came up with the system start times. Sattler asked and Brandenburg described possible fine system if the City went to mandatory restrictions. Brandenburg said there is a hotline open for people to report any abuse being done. He said staff will even go out and help ciitzens reprogram their watering system. He said another problem is people who are out of town and he described how the City would manage that situation. Sattler asked and Dishong said citizens can call 930-3555 or 930-2578 with any questions or concerns. Mayor said one the wonderful things about this is the way Sun City has responded to this issue. He spoke about the water ambassador program in Sun City. Mayor also spoke about several other Cities in the area and described how they are handling the water issue He said Georgetown is blessed with great leadership. Brainard asked and Brandenburg said there is a Workshop item in August that will allow staff to talk to Council about blocks for water usage. He agreed with the fact that a small group of entities are using the majority of the water. Brandenburg said staff is looking at other options such as the type of grass and soil being used by citizens. He said the water ambassafor program can also be formed within other Homeowners Associations in the area. Eason said the City should have gone to mandatory regulations a while back. She said she was born and raised in San Antonio and people need to realize that water is gold in Texas. She said her concern is to make sure the City has enough water to drink in the future and added she does not have a lot of sympathy for the watering of lawns She said the San Gabriel has been dried up to levels that have not been seen before and, with no rain in the near future, the City needs to be more conservative with its water usage. She said this is simply what she has known throughout her life as an ongoing Texas issue. Mayor said this is a review of the drought but an additional item for a full review of the water rates will be coming back to Council in August. M Consideration and possible action for the approval of a release and settlement agreement with Motorola for a refund to the City of Georgetown in the amount of $222,579.02 -- Patrick Hurley, Interim Police Captain and Brent Schacherl, Chief of Police Schacherl reviewed the item and spoke about the original system purchased last year. He said the company has not met any of their expectations and none of the departments needs. He said the company closed its doors and City Council Meeting Minutes/July 28, 2009 Page 3 of 5 Pages Item # C Attachment number 2 Page 4 of 5 are willing to refund the City. He said the money will be turned over to a company called L-3. Motion by Sansing, second by Brainard to approve the release and settlement agreement. Sattler asked and Schacherl said this system will be compatible with the surrounding entities Approved 6-0 N Consideration and possible action for the approval to purchase an L-3 Digital In -car Video System from the Houston Galveston Area Council of Governments purchasing contract in an amount not to exceed $222,579.02 -- Patrick Hurley, Interim Police Captain and Brent Schacherl, Chief of Police Schacherl said the same amount of money from the previous item's refund will be sent to L-3 for the purchase of a new system. He said the company lowered the price and noted $217,000 will be spent on the system. He said the extra $5,000 will be used for incidentals. Motion by Brainard, second by Sansing to approve the purchase. Sansing said Sattler brought up a good point and noted it is important to be on the same page with surrounding entities when it comes to new equipment and technology. Schacherl explained the efforts made to sustain compatibility with other entities. Sattler asked and Schacherl explained how the City will be phasing out the old technology and replacing it with new versions Approved 6-0 O Consideration and possible action to authorize the Mayor to sign an agreement clarifying the responsibilities between parties related to the construction of roadway connections into The Northlands Fire Station located within the boundaries of Sun City and Somerset Developments-- Jim Briggs, Assistant City Manager for Utility Operations Mayor reviewed the item and said this was on last meetings agenda but was pulled for legal review. Motion by Sansing, second by Oliver to approve the item. Carts said a couple of changes have been made to the document provided and she listed those changes. Mayor asked and Brandenburg summarized the content of this agreement. Brandenburg said there is no connectivity issue related to this item. Approved 6-0 P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action for the award of the 2009 Street Rehabilitation -Micro Surface Project to Viking Construction Inc. of Georgetown, TX in the amount of $290,011.15 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said this is a project to install a mirosurface treatment to some of the City roadways. He noted this is for preventative maintenance and he described the areas to be included in this project He said this was recommended by the Georgetown Transportation Advisory Board and City staff. Sansing asked and Brandenburg said this project is going to be paid for by this years budget. Motion by Oliver, second by Sattler to approve the award of project. Sattler asked and Miller said the project will start as soon as the contract is signed. Approved 6-0 Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action for the award of the 2009 Street Rehabilitation- Surface Treatment Project to J. D. Ramming Paving Co. Ltd of Austin, Texas in the amount of $205,731.00 -- Mark Miller,Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said this is for a smaller treatment than the item before. He said this is typically used for streets that have a limited number of houses around it. He said this treatment is for roads that have considerable cracking. He said there was only one company that bid on this item. He reviewed the areas included in this project and said this item was approved on July 10th by the Georgetown Transportation Advisory Board. Motion by Brainard, second by Sansing to approve the award of project Approved 6-0 R Forwarded from Georgetown Utility System (GUS) Board: Consideration and possible action to award the bid for the purchase of a Skylift Mini Derrick from Nesco Sales and Rentals of Bluffton, IL, in the amount of $126,900.00 -- Paul Elkins, Electric Operations Manager and Jim Briggs, Assistant City Manager for Utility Operations Elkins described the item and said the City received three responses to the bid and noted the lowest bidders machine did not meet the specifications. Motion by Oliver, second by Sattler to approve the award of bid. Brandenburg said the City used to have to rent this equipment. Approved 6-0 S Forwarded from Georgetown Utility System (GUS) Board: Consideration and possible action to approve Task Order KPA-09-005 with Kasberg, Patrick & Associates, LP of Georgetown, Texas, for professional services related to Edwards Aquifer Recharge Zone Rehabilitation City Council Meeting Minutes/July 28, 2009 Page 4 of 5 Pages Item # C Attachment number 2 Page 5 of 5 Phase V in the amount of $62,514.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong described the item and said this item is for the necessary design and construction management services for the rehabilitation of a sewer line in the park. He said the testing associated with this was done about a year and a half ago. He said this item is recommended by the Georgetown Utility System Advisory Board Motion by Sansing, second by Sattler to approve the task order. Approved 6-0 T Forwarded from Georgetown Utility System (GUS) Board: Consideration and possible action for the award of the annual bid for flexible base material, sand, rock, and sandy loam to vendors Georgetown Transportation and Superior Crush Stone of Jarrell, Texas, Jag Trucking of Georgetown, Texas "by lot" in the estimated total amount of $71,750.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said this will be used in the maintenance of City streets, water and electric distribution systems. He reviewed the recommendation from staff. Motion by Brainard, second by Sattler to approve the award of bid. Approved 6-0 U Second Reading of an Ordinance to amend Chapter 4 of the Code of Ordinances to add a new Chapter4.47, authorizing the Judge of the Municipal Court to assess a Failure to Appear Fee and a Violate Promise to Appear Fee not to exceed $25.00 -- Cathy Leloux, Court Administrator and Micki Rundell, Chief Financial Officer Leloux read only the caption of the Ordinance on second reading. Motion by Sansing, second by Sattler to approve Ordinance 2009-38. Approved 6-0 V Second Reading of an Ordinance amending certain provisions of Chapter 2.20 Of The Code Of Ordinances relating to "Ethics" including changes to definitions; standards of conduct; role of the City Attorney; and the complaint process; making formatting changes; revising Attachment "A" To correct terminology; providing a conflicts clause; providing a severability clause; and providing an effective date -- Patricia E. Carls, City Attorney Carls read only the caption of the Ordinance on second reading. Motion by Sansing, second by Oliver to approve Ordinance 2009-39. Approved 6-0 Motion by Sansing, second by Brainard to adjourn. Approved 6-0 Adjourned at 7:08 p.m. Approved : Mayor George Garver air ent The meeting was adjourned at 07:08 PM. Attest: City Secretary Jessica Hamilton City Council Meeting Minutes/July 28, 2009 Page 5 of 5 Pages Item # C City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action to approve a Master Services Agreement with Eleven Thirteen Architects of Georgetown to provide professional architectural services -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer ITEM SUMMARY: Attached for your review and consideration is a Master Services Agreement (MSA) with Eleven Thirteen Architects. Staff is requesting approval of this agreement so that a task order may be submitted for approval to allow Eleven Thirteen authorization to begin design renovations for the Municipal Complex. Periodically the City performs major and minor renovations to City facilities for code compliance, or to improve energy or operational efficiencies. As a part of the selection process staff solicited qualifications from architectural firms interested in this project. Ten firms submitted qualification information and were evaluated by a selection team of Glenn Dishong, Michael Seery and Terry Jones. The top four firms were selected by score and compared to each other. Eleven Thirteen and PBS&J were the only firms that were in the top four of each of the selection team member's choices, so they were selected as the finalists. The point totals were compared on the finalists and they were identical. To break the tie the team selected Eleven Thirteen because they are a Georgetown firm and have used them on past projects (Community Center, Airport Terminal, Development Services leased office space) with very good results. They are a small local firm that is very well suited for these types of projects and have been eager to work on smaller projects when other larger firms seem to lack interest. The MSA contains basic terms governing the relationship between the City and the architect. This MSA would have a term of one year and would allow the City to issue task orders during that period for architectural services on specific projects. The task would contain all of the details that are specific to a certain project including scope, schedule, cost, etc. Task orders would be negotiated by the authorized City representative and if that projects fees on a specific project exceeded $15,000, would be submitted to City Council for approval. Approval of the MSA is not a guarantee of work, but approval of the MSA allows task orders to issued in an expeditious way that will allow for efficient project management. This item was presented to the GGAF Board on July 7 and was recommended to be brought forward to the City Council for consideration FINANCIAL IMPACT: There are no expenditures associated with the approval of this MSA. SUBMITTED BY: Micki Rundell ATTACHMENTS: Master Services Agreement Architectural Selection Process Worksheets Cover Memo Item # D Attachment number 1 Page 1 of 19 PROFESSIONAL SERVICES CONTRACT MASTER SERVICES AGREEMENT ARCHITECTURAL SERVICES This is a Professional Services Contract ("Contract") between the City of Georgetown, Texas (the "CITY") and Architectural Firm Name , ("Professional"), collectively referred to as the "Parties" or individually as a "Party", made for and in consideration of the payment terms and performance obligations herein described. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(ii) under Subchapter A entitled "Professional Architectural Services Procurement Act" provides for procurement by municipalities of services of professional engineers; and WHEREAS, City and Professional desire to contract for such professional Architectural services; and WHEREAS, City and Professional wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: ARTICLE 1. SERVICES TO BE PROVIDED (a) Professional shall provide professional services (the "Services") to CITY under individual assignments ("Task Order(s)") in the general format shown in Attachment A to the Agreement. The Services that Professional may be requested to perform include, professional Architectural services such as , reviews, designs, and consultations. CITY will provide a written Task Order, including a written scope of work ("Scope of Work") describing the particular tasks to be performed, to Professional for the particular task and a specific price or a formula by which the price can be determined. No Services are authorized unless authorized representatives of both Parties sign such a Task Order. This Contract does not guarantee a minimum amount Professional will be paid or a minimum number of Task Orders. (b) Notwithstanding anything to the contrary contained in this Contract, CITY and Professional agree and acknowledge that CITY is entering into this Contract in reliance on Professional's special and unique abilities with respect to performing the Services. Professional represents that there are no undisclosed obligations, commitments or impediments of any kind that will or could taint, limit or prevent performance of the Services. (c) Changes in Scope of Work . Either the Professional or the CITY may request amendments to the Scope of Work set forth in a Task Order as the project progresses. Changes in the Scope of Work shall be initiated by a written Amendment to the approved Task Order ("Amended Task Order") and must be signed by an authorized representative of each Party. The Amended Task Order shall describe the Services to be added, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal changes to a Task Order shall have no effect, except in cases of an emergency threatening personal injury or property damage. No notice to proceed shall be valid unless there is a prior written Task Order or Amended Task Order that has been signed by duly authorized representatives of each Party. The terms and conditions of this Contract may be modified only by a written amendment signed by an authorized representative of each Party. Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 1 Item # D Attachment number 1 Page 2 of 19 (d) Effect of Expiration on Task Orders. Upon expiration or earlier termination of this Contract, these terms and conditions shall continue in full force and effect with respect to any Task Order awarded under this Contract that has not been completed or otherwise terminated. ARTICLE 2. CONTRACT DOCUMENTS (a) General .Definition. In order of precedence, this Contract shall consist of the following documents ("Contract Documents"): (1) (2) (3) (4) (5) All written Amended Task. Orders executed after the effective date of this Contract by an authorized representative of each Party; Each Task Order executed pursuant to this Contract by an authorized representative of both Parties; The Scope of Work attached to each Task Order; This Contract; and Any other documents specifically identified as Contract Documents. (b) Exclusion from Contract Documents. No terms and conditions submitted by Professional in connection with any proposal or proposed Task Order that conflict with the terms and conditions contained in this Contract will be considered part of the Contract Documents unless expressly accepted in writing by the CITY. ARTICLE 3. TERM This Contract is for a one (1) year period, with an option to extend for four (4) consecutive one (1) year periods, not to exceed a maximum of five (5) years. The primary term begins upon execution of this Contract by an authorized representative of the CITY. This Contract will be deemed to extend beyond its expiration or termination date with respect to any Task Order being performed under it at that time, unless the Task Order is also terminated. ARTICLE 4. SCHEDULE Time shall be of the essence for performance under this Contract. Professional agrees to perform all obligations and render the Services set forth in this Contract or any Task. Order issued pursuant hereto in accordance with any timelines included in the Scope of Work, except as the Parties may otherwise mutually agree to in writing. If required by the Scope of Work, a specific Services progress schedule will be developed for each individual task in compliance with the Scope of Work. ARTICLE 5. PRICE The price to be paid for Services under any Task Order shall be a not to exceed price as agreed in a particular Task Order. ARTICLE 6. PAYMENT (a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the CITY hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is received by CITY. Invoices paid more than thirty (30) days after the invoice is received are subject to a late charge of 1% per month (12% APR) on the amount of the undisputed past due balance. (b) Invoices for payment under this Contract shall be sent to: Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 2 Item # D Attachment number 1 Page 3 of 19 City of Georgetown Attn: Accounts Payable P.O. Box 409 Georgetown, Texas 78626 CITY's purchase order numbers shall be included prominently on each invoice. Payments may be based on completion of the Services, fulfillment of milestones, progress payments or any other method that is established in the agreed Task Order. In no event shall Professional invoice CITY more than once a month. (c) No invoice shall be considered complete or payable unless all documentation is submitted with invoice supporting reimbursable and CITY approved expenses, such as time sheets, transportation, lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable. ARTICLE 7. ACCEPTANCE OF THE SERVICES When Professional can demonstrate that the Services are complete in accordance with the acceptance criteria included in the Task Order and so notifies CITY, CITY shall review the Services for general compliance with the Contract. If the Services appear to comply with the Contract requirements, and Professional has furnished any required documentation, CITY shall notify Professional in writing of CITY's acceptance of the services ("Acceptance of the Services"). Acceptance of the Services shall not limit nor diminish Professional's warranties and standards with respect to the Services. ARTICLE 8. JOBSITE INSPECTION If applicable to the Services and required by the CITY, Professional's representatives shall inspect the jobsite and clearly understand the requirements and risks of the Services to be performed, the jobsite conditions, traffic conditions, the proximity of high -voltage power lines, buried utilities, biological hazards and other local conditions likely to affect Professional's performance before accepting any Task Order. Acceptance of a Task Order shall constitute the Professional's certification that it has by inspection satisfied itself with respect to all such local conditions and is willing to accept all risks they impose. ARTICLE 9. INDEPENDENT CONTRACTOR Professional shall perform in all respects as an independent contractor and not as an employee, partner, joint venturer or agent of the CITY. The Services to be performed by Professional shall be subject to the CITY's review, approval and acceptance as provided in the Contract Documents, but the detailed manner and method of performance shall be under the control of Professional. The accuracy, completeness and scheduling of the Services and the application of proper means and methods for performance of the Services are entirely the responsibility of Professional. Professional shall be solely responsible for hiring, supervising and paying its employees, subcontractors and suppliers. Professional shall be solely responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii) taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and (iii) such other expenses as may be owed to Professional's employees. However, because Professional 's Services may be associated in the minds of the public with CITY, Professional shall ensure that all Services by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner. Upon prior notification to and written approval of CITY, Professional may hire subcontractors to perform Services hereunder. Professional shall be responsible to CITY for the performance of all such subcontractors. The CiTY reserves the right, in its sole discretion, to reject the employment by Professional of any subcontractor to which CITY has a reasonable objection. Professional, however, shall not be required to contract with any subcontractor to which it has a reasonable objection. CITY shall require any and all such subcontractors to sign contracts with Professional that bind the subcontractors to perform their subcontracts in Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 3 Item # D Attachment number 1 Page 4 of 19 accordance with the applicable requirements of the Contract Documents. Upon the request of CITY, Professional shall furnish CITY with copies of such subcontracts. In addition, Professional agrees that it is Professional's responsibility to ensure that such subcontractors make all appropriate tax payments or tax withholding in relation to subcontractor's employees providing Services to CITY through Professional under this Contract. Professional represents that it and its subcontractors are fully trained to perform the tasks required by this Contract and that they need no training by the CiTY. ARTICLE 10. DESIGNATED PROJECT REPRESENTATIVES (a) City's Designated Representative. The City's Designated Representative for purposes of this Contract shall be designated on each Task Order. The City's Designated Representative shall coordinate all meetings and be authorized to act on City's behalf with respect to the Task Order. City or City's Designated Representative shall participate in all meetings and render decisions in a timely manner pertaining to documents submitted by Professional in order to avoid unreasonable delay in the orderly and sequential progress of Services. (b) Professional's Designated Representative. The Professional's Designated Representative for purposes of this Contract shall be acceptable to the City and designated on each Task Order. The Professional's Designated Representative shall participate in all meetings and be authorized to act on Engineer's behalf with respect to the Task Order. Professional's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by City in order to avoid unreasonable delay in the orderly and sequential progress of Services. (c) The Parties Designated Representatives shall serve as the primary contact person for issues related to work under each Task Order. (d) Changes to a Designated Representative shall be provided in writing by one party to the other. The City retains the right at all times to approve or disapprove the Professional's Project Representative. ARTICLE 11. LICENSES AND PERMITS (a) Professional shall procure and maintain at its expense all licenses and permits necessary for it to perform the Services. (b) Professional shall ensure that its employees and subcontractors and their employees are all properly licensed to perform their respective portions of the Services. ARTICLE 12. GOVERNING LAWS, REGULATIONS & STANDARDS (a) This Contract shall be governed, interpreted and enforced under the laws of the State of Texas, without regard to its conflict of law principles. In the event of litigation between the Parties arising out of this Contract issued under it, venue for such litigation shall be in a court of competent jurisdiction in Williamson County, Texas. (b) Professional, its employees, subcontractor's and agents, shall be aware of and shall comply with the Charter of the City of Georgetown and all federal, state and local laws, ordinances, codes (including applicable professional codes) and regulations applicable to the Services, any equipment to be fabricated and delivered and for compliance with standards and codes of technical societies that have been adopted by law or regulation or compliance with which is required to perform the Services. . If any of the Services fails to comply with such laws, ordinances, codes and regulations, Professional shall bear any expense arising from that failure, including the costs to bring the Services into compliance. Professional shall further obtain and maintain all permits and licenses required, if any, for the performance of any Services required hereunder. Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 4 Item # D Attachment number 1 Page 5 of 19 ARTICLE 13. INTOXICANTS & DRUGS: EMPLOYEE CONDUCT Professional shall not at any time allow personnel for whom it is responsible on the jobsite if they are under the influence of any substance that may impair their performance. Professional shall promptly remove from the jobsite any person who is or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly. Professional shall ensure that its employees, subcontractors and their employees avoid excessive noise, exceeding speed limits or reckless driving, use of weapons or trespass on land not owned by or under easement to CITY. If private property must be entered or crossed to perform the Services, Professional shall obtain permission from the property owner before entering. ARTICLE 14. RISK OF LOSS (a) Professional shall bear the expense and risk of loss or damage to its work in progress, completed work, materials, equipment and all other incidents of its Services prior to Acceptance of the Services. Professional shall promptly replace or repair any loss or damage to its work at its own expense. In the event of substantial loss or damage due to Force Majeure (see Article 20 for definition), the schedules shall be equitably extended. Professional shall bear the expense of storage space for stored materials, whether on -site or off -site, and shall bear the risk of loss or damage to all such materials. Professional shall take reasonable precautions to protect its work from weather damage, burglary, pilferage, fire, theft and similar hazards. (b) Professional shall bear the risk of loss or damage to its own equipment, tools, supplies and property and those of its subcontractors and suppliers, regardless of the cause of loss or damage throughout the project. ARTICLE 15. WARRANTIES AND STANDARDS (a) Warranty of Title. Professional warrants the title to any goods it delivers to CITY incidental to the performance of the Services and that said goods will be free and clear of all liens, mortgages, security interests or other encumbrances. (b) General Standard of Performance. Professional shall perform all Services in a professional manner consistent with the usual and customary industry standards and to any higher standard required in the Contract Documents. Professional shall correct, without delay and at its own expense, any portion of the Services that does not meet the foregoing standard and that is discovered within one (1) year after Acceptance of the Services by re -performing the defective portion of the Services to the required standard of performance. Any repair, replacement or modification of the Services performed pursuant to the provisions of this paragraph shall be supplied or repaired on the same terms and conditions as provided for herein for the Services. In particular, a new correction period shall apply. Such new correction period shall expire twelve (12) months from the date of such replacement, repair or modification. (c) Intellectual Property Warranty. Professional warrants that the Services, including any deliverables associated therewith, and the processes used in performing them shall not infringe on any valid United States patent, United States copyright, trademark or trade secret. (d) Business Standing Warranty. Professional warrants, represents and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver the Contract, and the individual executing the Contract on behalf of Professional has been duly authorized to act for and bind Professional; or (ii) if it is a partnership, limited partnership or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Contract and Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 5 Item # D Attachment number 1 Page 6 of 19 perform all its obligations hereunder; and the individual executing this Contract on behalf of Professional has been duly authorized to act for and bind Professional. ARTICLE 16. GENERAL INDEMNITY (a) PROFESSIONAL SHALL HOLD THE CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (JOINTLY "CLAIMS"), INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF, OR RESULTING FROM OR ARISING UNDER THIS CONTRACT, OR ANY CLAIMED DEFECT IN THE SERVICES, PROVIDED THAT ANY SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACT OR WILLFUL MISCONDUCT OF PROFESSIONAL, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE. (b) IF THE PARTIES ARE CONCURRENTLY NEGLIGENT, EACH PARTY'S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. (c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO INDEMNIFY THE OTHER FOR THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE OTHER. (d) THE FOREGOING INDEMNITY PROVISIONS SHALL BE DEEMED INDEPENDENT COVENANTS AND SHALL SURVIVE COMPLETION OF OR ANY TERMINATION OF THE CONTRACT OR ANY CLAIMED BREACH THEREOF. PROFESSIONAL'S INDEMNITY RESPONSIBILITY AS SPECIFIED IN THIS ARTICLE SHALL NOT INCLUDE SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ARTICLE 17. INTELLECTUAL PROPERTY INDEMNITY (a) PROFESSIONAL SHALL, AT ITS OWN EXPENSE, DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY, ITS AFFILIATES, ITS BOARDS OF DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BASED UPON ANY CLAIM THAT THE SERVICES, OR ANY PART THEREOF, OR THE PROCESS PERFORMED THEREBY CONSTITUTES AN INFRINGEMENT OF EITHER ANY PATENT OR COPYRIGHT OF THE UNITED STATES OR OF ANY TRADEMARK OR TRADE SECRET PROTECTED BY EITHER FEDERAL OR STATE LAW. PROFESSIONAL SHALL PAY ALL AWARDS OF DAMAGES ASSESSED WHICH RESULT FROM ANY SUCH CLAIM, SUIT OR PROCEEDING AND SHALL INDEMNIFY AND SAVE CITY HARMLESS AGAINST LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), AND DAMAGES RESULTING FROM ANY SUCH CLAIM, SUIT OR PROCEEDING, INCLUDING OBEDIENCE TO RESULTING DECREES AND TO RESULTING COMPROMISES. (b) IF, IN ANY SUCH SUIT, A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED, PROFESSIONAL SHALL MAKE EVERY REASONABLE EFFORT, BY GIVING A SATISFACTORY BOND OR OTHERWISE, TO SECURE THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION. IF, IN ANY SUCH SUIT, THE SERVICES OR ANY PART THEREOF OR THE PROCESS PERFORMED THEREBY IS HELD TO CONSTITUTE AN INFRINGEMENT AND ITS USE BE PERMANENTLY ENJOINED, PROFESSIONAL SHALL AT ONCE MAKE EVERY REASONABLE EFFORT TO SECURE FOR CITY A LICENSE AT PROFESSIONAL'S Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 6 Item # D Attachment number 1 Page 7 of 19 EXPENSE AUTHORIZING THE CONTINUED USE OF THE ALLEGED INFRINGING PORTION OF THE SERVICES. IF PROFESSIONAL IS UNABLE TO SECURE SUCH LICENSE WITHIN A REASONABLE TIME, PROFESSIONAL SHALL, AT ITS OWN EXPENSE AND WITHOUT IMPAIRING PERFORMANCE REQUIREMENTS, EITHER PROVIDE NON -INFRINGING REPLACEMENTS OR MODIFY THE SERVICES TO ELIMINATE THE INFRINGEMENT. IN ADDITION TO INDEMNIFYING AND SAVING CITY HARMLESS, PROFESSIONAL SHALL REIMBURSE CITY FOR ANY COSTS INCURRED AS A RESULT OF THE UNAVAILABILITY OF THE INFRINGING ITEM OR ITS NON - INFRINGING REPLACEMENT. ARTICLE 18. INDEMNITY PROCEDURES Promptly after receipt by any entity entitled to indemnification of notice of the commencement or threatened commencement of any civil, administrative or investigative action or proceeding involving a claim for which the indemnitee seeks indemnification, it shall notify the indemnitor of such claim in writing. No failure to so notify an indemnitor shall relieve the indemnitor of its obligations under this Contract except to the extent that the indemnitor can demonstrate damages attributable to such failure. Within fifteen (15) days following receipt of written notice from the indemnitee relating to any claim, but no later than ten (10) days before the date on which any response to a complaint or summons is due, the indemnitor shall assume control of the defense and settlement of that claim. ARTICLE 19. INSURANCE Professional shall obtain and maintain the insurance coverage specified below on an occurrence -basis and shall provide to CITY a copy of the insurance policies listing the coverage before starting Services. THE COVERAGE SHALL NOT BE CONSTRUED AS ESTABLISHING OR LIMITING PROFESSIONAL'S LIABILITY UNDER THE INDEMNITY PROVISION. Professional for itself and its insurers hereby waives subrogation against CITY, its affiliates, their Boards of Directors, directors, officers, employees and agents with respect to General Liability, Auto and Workers Compensation insurance. Professional's failure to maintain the required insurance coverage at any time during the Contract period may be grounds for CITY to suspend the Contract and withhold payment until insurance coverage is satisfactory. In addition to any other required information, all insurance policies must contain the applicable purchase order number and project title. Failure to furnish or update (as applicable) insurance policies that comply with CITY requirements may result in retraction of a contract award, or suspension or termination for breach of contract. The Professional's insurance coverage shall be primary insurance with respect to the City, its affiliates, their boards of directors, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its affiliates, their boards of directors, officers, agents, employees and volunteers, shall be considered in excess of the Professional's insurance and shall not contribute to it. The Professional shall include all subcontractors as additional insureds under his policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. General Liability, Automobile Liability, and Professional Liability insurance shall be with an A:Viii or better rating in accordance with the current Best Key Rating Guide. en by a carrier Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 7 Item # D Attachment number 1 Page 8 of 19 The City, its affiliates, their boards of directors, officers, agents and employees are to be added as "Additional Insured" on all policies other than the Workers' Compensation. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. A Waiver of Subrogation in favor of the City of Georgetown with respect to Workers' Compensation insurance must be included. Contractor shall be responsible for paying all valid claims, regardless of the amount of any deductible or whether insurance coverage is available. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Georgetown. Type of Insurance Minimum Coverage (a) Workers' Compensation Coverage A - statutory Coverage B - $ 250,000 employer's liability (b) General Liability Bodily Injury Bodily Injury Property Damage (c) Automobile Liability $ 500,000 per person $1,000,000 per occurrence $1,000,000 per occurrence (including owned or leased vehicles) Bodily Injury Property Damage $1,000,000 per occurrence $ 500,000 per occurrence The automobile liability coverage shall apply to owned, non -owned, hired and leased vehicles. (d) Professional Liability $1,000,000 per claim With approval of the City's Risk Manager, a Claims Made Policy may be accepted for Professional Liability Insurance, provided that the deductible limit shall not exceed (e) Copies of Policies. Before Services begin, a copy of the policies for all required insurance shall be filed with the CITY Purchasing Agent. (f) Other Insurance. Other or different insurance requirements shall be specified in a Task Order. Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 8 Item # D Attachment number 1 Page 9 of 19 ARTICLE 20. FORCE MAJEURE (a) The nonperformance or delayed performance by Professional or CITY of any obligation under the Contract shall be excused if such nonperformance or delay is caused by an event beyond the control of the affected Party ("Force Majeure"), except to the extent that Professional knew of or should reasonably have been able to foresee such an event and failed to take reasonable measures to avoid the event. Items beyond the control of the Parties include, but are not limited to: acts of war, acts of a public enemy, acts of domestic or foreign terrorism, natural disasters, strikes, epidemics or quarantine restrictions, riot, or sabotage and acts of civil or military authority having jurisdiction. (b) Upon occurrence of a Force Majeure event, the date for perfoul►ance of the Services shall be extended for a period equal to the time lost by reason of the delay, provided Professional or CITY has taken reasonable steps to proceed with the performance of the Contract and has made written notification of such delay and of any corrective action taken. Professional shall not be entitled to any increase in compensation by reason of Force Majuere. (c) The following delays shall not constitute excusable delays in performance by Professional and shall not constitute a reason for extending the date for performance of the Services: (1) (2) (3) Delays by subcontractors or by suppliers for reasons other than Force Majeure; Delays in approval of documentation because of inadequate performance or to unrealistic approval schedules; or Delays caused by Professional's lack of sufficient personnel with the necessary skills. ARTICLE 21. GENERAL SAFETY, ENVIRONMENTAL AND SITE OPERATIONS REQUIREMENTS (a) General. Professional, its employees and subcontractors shall perform all work required by this Contract in a safe and healthy manner. During the course of the work, the Professional shall comply with and enforce all laws, rules, regulations and industry practices applicable to worker safety and health. (b) Scope of Health and Safety Requirements. Professional will manage all of Professional's employees and subcontractors on site and will be accountable for their employees' and subcontractors' performance with respect to health and safety. (c) Mandatory Health and Safety Conditions. (1) Training/Qualification - Professional, its employees and subcontractors performing work on site shall be properly trained and qualified to perform the work they are expected to perform, and have received the necessary certifications and other credentials necessary to perform the work, as required. (2) Safety Orientation — Professional shall ensure all of its employees and subcontractors on site shall attend a safety orientation prior to the start of work. If any workers fail to attend the initial safety orientation, Professional shall designate an employee (e.g., site superintendent) to provide the orientation before those workers shall be allowed to start work. All safety orientations shall be documented and maintained for inspection. Safety orientation is only required once unless otherwise needed, or the Scope of Work changes. (d) Warnings & Barricades. Professional shall furnish, erect and maintain warning notices, signs, signals, lights, protective guards, enclosures, platforms and other devices as necessary to adequately protect all personnel on site; including but not limited to employees, subcontractors, other professionals, CITY workers and the public. Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 9 Item # D Attachment number 1 Page 10 of 19 (e) Personal Protective Equipment (PPE) & Safety Equipment. Professional shall ensure all contract employees and subcontractors are trained on and equipped with appropriate PPE and safety equipment (i.e. lanyards, harnesses, monitoring equipment, rescue equipment, fire extinguishers, etc.). (f) Periodic Inspections. Professional shall conduct regular health and safety inspections of the work. area(s) and work being performed. CITY, or its agent, reserves the right to inspect the work site(s) at any time and without prior notice to Professional. (g) Safety Communications (1) Safety meetings — Professional shall ensure that all hazards and protective measures associated with the work being performed on site are properly communicated to all personnel on site. Professional shall conduct regular health and safety meetings. A copy of the minutes of such meetings shall be submitted to CITY, upon request. Professional is responsible for providing an interpreter if necessary to ensure its communications are understood by all workers. (2) Communications with CITY — The City's Designated Representative shall be the point of communication for all safety and health issues arising under this Contract. Professional shall communicate with the City's Designated Representative in the event of any of the following conditions: • Professional shall inform City's Designated Representative twenty-four (24) hours prior to any activity that could adversely affect a business organization. Examples of these "activities" include but are not limited to welding, painting, fire protection, system maintenance/repair and any activity impacting emergency systems/egress routes. City's Designated Representative will make all reasonable efforts to inform any parties potentially impacted by the activities. • Professional shall immediately inform the City's Designated Representative of all federal, state and local safety inspections, citations and penalties associated with the work. • Professional shall immediately notify the City's Designated Representative by verbal, person to person communication, in the event of any incident that results in a death, serious bodily injury or serious property damage related to any aspect of the project. Minor incidents and near -misses must be promptly communicated to the Project Contact. • Professional shall investigate all incidents resulting in personal injury or illness, property damage, or near -misses to determine the root causes and shall take appropriate action to eliminate such causes. A copy of the final investigation report shall be promptly submitted to the Project Contact. (3) Coordination with Other Officials — Professional is fully responsible for coordinating with the proper authorities for moving heavy equipment, location of underground utilities, erecting barricades, traffic control and other safety measures, unless otherwise specified. (4) Communications with Media Restricted - In the event of an accident or other condition on site, Professional shall not communicate with the media or any other entity without the expressed consent of the CITY. (h) SUSPENSION OF WORK AND LIMITATION OF LIABILITY. CITY RESERVES THE RIGHT THROUGH THE CITY'S DESIGNATED REPRESENTATIVE TO SUSPEND ALL OR ANY PORTION OF THE WORK BEING PERFORMED IN VIOLATION OF THESE PROVISIONS. CITY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY OR UNDER ANY OTHER LEGAL THEORY) FOR JUDGMENTS, DAMAGES, COSTS OR EXPENSES RELATED TO ANY SUSPENSION OR STOPPAGE OF WORK, LOSS OF BUSINESS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH ANY Master Services Agreement — Architectural Firm Name Page 10 Version 3.26.2009 Item # D Attachment number 1 Page 11 of 19 FAILURE ON THE PROFESSIONAL'S PART TO ESTABLISH, ENFORCE OR ADEQUATELY MONITOR ITS HEALTH AND SAFETY PROGRAM. (i) Preliminary Submittals. Within ten (10) days after the effective date of the Contract and no later than the preconstruction conference, Professional shall submit to City's Designated Representative for review: (1) A letter designating onsite safety representative for general safety and specific activities; and (2) If applicable, a site safety plan to include plans for specific activities. (j) Other Requirements. Professional shall promptly settle rightful claims from counties, municipalities or private parties for road damage caused by trucks or heavy equipment driven to and from the job sites by third -party property by Professional, subcontractors or suppliers, or employees of any of them. if Professional fails to settle such claims promptly, CITY shall have the right to settle the claims and withhold the amount paid plus CITY's costs and expenses from Professional's payments under the Contract. (k) Environmental. Professional is solely responsible for all costs incurred by CITY for any spills or leaks caused by Professional or its subcontractors or consultants during performance of, or in connection with the Services. Without limiting the foregoing sentence, Professional shall be responsible for all costs incurred to contain, remediate and restore the site of the spill according to applicable state and federal laws and regulations, and if on CITY's property, according to CITY's requirements. CITY shall be responsible for all notifications required by federal, state or local law or regulation. The CITY shall identify to Professional the site supervisor (if applicable) and facility environmental manager (if applicable). Professional shall immediately notify the site supervisor, City's Designated Representative and the facility environmental manager with the nature and location of the spill. Professional shall provide a written report to CITY whose representative shall identify the substance, quantity released, location of the spill and perform clean up and remediation activities. If the spill occurs off the CiTY's property, then the Professional shall also notify the CiTY of any agencies notified and the representatives of the agencies contacted. The report shall be a narrative that summarizes on -scene activity and remediation efforts. If long-term remediation will be required, it shall be noted in the report. The initial report shall be provided to CITY within 24 hours after the incident. Follow-up reports shall be provided to CITY weekly until remediation efforts have been completed and the spill has been properly remediated. PROFESSIONAL SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY AND ALL LIABILITIES, INCLUDING, BUT NOT LIMITED TO, REMEDIATION COSTS, FINES, PENALTIES, COURT COSTS AND ATTORNEYS' FEES RESULTING FROM SPILLS, RELEASES, IMPROPER HANDLING AND/OR DISPOSAL OF WASTES BY PROFESSIONAL, ITS SUBCONTRACTORS AND/OR CONSULTANTS. (1) Confined Space Entry. Professional will perform confined space entries in strict accordance with OSHA 1910.146 Confined Space Standard. All Professional entries will be performed under the guidelines of the contractor's confined space program, which should include but not be limited to, all required personnel training, confined space monitoring and evaluation, entry tag system or any personnel protective equipment required by confined space conditions. All entries will be coordinated with the City's Designated Representative or System Operations Dispatcher to assure proper isolation and/or de -energizing of the confined space is performed. (m) Surplus Material. Unless otherwise directed through written instructions issued by CITY, Professional shall promptly remove all excess surplus material from the job site. Final payment for performance of the work shall not be due and payable until such materials are removed from the job site. Master Services Agreement — Architectural Firm Name Page 11 Version 3.26.2009 Item # D Attachment number 1 Page 12 of 19 If surplus materials are not removed from the job site within thirty (30) days of completion of the work, CITY may dispose of the materials and offset the cost associated with disposal against the unpaid balance of the Contract price. (n) Cleaning Jobsite. Professional shall clean the job site daily. (o) Facility Equipment Clearance and Lock Out Procedures. Facility Equipment Clearance and Lock Out Procedures shall be followed. Clearances shall be acquired by Professional and CITY personnel when required prior to performing work on any equipment. Professional shall be responsible for providing company locks. Professional's locks shall be clearly identified and shall have a tag for employee to print name. ARTICLE 22. ASSIGNMENT This Contract is to be considered a personal Services Contract. Professional may not assign this Contract without the consent of CITY. Any permitted assignee must notify the CITY in writing that it accepts the assignment on the same terms and conditions contained in this Contract. No permitted assignment shall limit Professional's responsibility for performance of this Contract. Attempted assignment or delegation of this Contract, including obligations under it, without the written consent of CITY shall be void, and not merely voidable. ARTICLE 23. OWNERSHIP OF DELIVERABLES (a) The Parties agree that such items as plans, drawings, photographs, designs, studies, specifications, data, computer programs, schedules, technical reports or other work products which are developed and specified to be delivered under this Contract and which are paid for by CITY are considered instruments of services in respect of the Contract, but are subject to the rights of the CITY under this Contract. These rights include, but are not limited to the right to use, duplicate and disclose such items, in whole or in part, for the purpose of completing, maintaining and operating any building, structure, plant, equipment or system that may result from the performance of this Contract. if an item produced by Professional is copyrightable, Professional may copyright it, subject however to the rights of the CITY under this Contract. CITY is hereby granted and assigned a royalty free, non-exclusive, and irrevocable license to reproduce, publish, modify and use such items and to authorize others to do so solely for CITY's business purposes. Professional shall include in its subcontractor and consultant contracts, appropriate provisions to achieve the purposes set out here. (b) Intellectual property and rights to intellectual property owned by any Party on the date of this Contract shall remain the property of that Party. (c) PROFESSIONAL DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES WILL BE SUITABLE FOR REUSE ON ANY OTHER PROJECT. PROFESSIONAL DISCLAIMS LIABILITY FOR ANY REUSE OF THE DELIVERABLES ON ANY OTHER PROJECT THAT IS DONE WITHOUT THE EXPLICIT, WRITTEN APPROVAL OF THE PROFESSIONAL. ARTICLE 24. TERMINATION FOR CONVENIENCE (a) CITY shall have the right to terminate this Contract for its convenience at any time. After receipt of the notice of termination, the Professional shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due at that point in the Contract: (1) Stop all ongoing Services; (2) Place no further subcontracts or orders for materials or Services; Master Services Agreement — Architectural Firm Name Page 12 Version 3.26.2009 Item # D Attachment number 1 Page 13 of 19 (3) (4) (5) Terminate all subcontracts; Cancel all materials and equipment orders, as applicable; and Take any action that is necessary to protect and preserve all property related to this Contract that is in the possession of the Professional. (b) In the event of a termination under paragraph (a) of this Article, CITY shall pay equitable termination charges, including payment for portions of Services completed and materials purchased, profit on completed portions, and out-of-pocket costs that have been reasonably incurred by Professional as a result of terminating this Contract. CITY shall not be liable in connection with any termination under this Article for special, incidental, consequential or punitive damages, or for loss of anticipated future Services, anticipated profits, administrative costs or overhead on anticipated Services, or other indirect costs. ARTICLE 25. TERMINATION FOR CAUSE (a) The occurrence of any one or more of the following events will constitute an event of default: (1) Professional's persistent failure to perform the Services in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers, suitable materials or equipment, or to adhere to project schedules as adjusted from time to time pursuant by the Parties); (2) Professional's disregard of applicable laws or regulations; (3) Professional's disregard of the authority of CITY's Designated Representative; (4) Professional's violation in any material way of any provisions of the Contract Documents; (5) Failure of Professional to pay subcontractors and/or material suppliers; or (6) Professional's violation of CITY's Ethics Ordinance (City Code of Ordinances Chapter 2.26) or any ethics policies that are applicable to City employees). (b) If one or more of the events identified in paragraph (a) occur, CITY may terminate this Contract if after giving Professional (and the surety, if any) seven (7) calendar days prior written notice, unless such event of default shall have been cured. (c) if this Contract has been so terminated by CITY, the termination will not affect any rights or remedies of CITY against Professional or any surety then existing or which may thereafter accrue. No retention or payment of moneys due Professional by CITY will release Professional from liability. (d) In such a circumstance, CITY shall notify Professional in writing of the termination, with copies of the notice to CITY's jobsite personnel. ARTICLE 26. SUSPENSION (a) CITY may, at any time and at its sole option, suspend all or any portions of the Services to be performed under this Contract by providing ten (10) calendar days written notice to the Professional. Upon receipt of any such notice, Professional shall: (1) (2) (3) Immediately discontinue the Services on the date and to the extent specified in the notice; Place no further orders or subcontracts for materials, Services or facilities with respect to the suspended portion of the Services, other than to the extent necessary to protect any portion of the Services already performed; Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to CITY, of all orders, subcontracts and rental agreements to the extent that they relate to performance of the portion of Services suspended by the notice; Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 13 Item#D Attachment number 1 Page 14 of 19 (4) Continue to protect and maintain the portion of the Services already completed, including the portion of the Services suspended hereunder, unless otherwise specifically stated in the notice; and Continue to perform Professional's obligations for the portions of the Services not suspended. (5) (b) As full compensation for such suspension, Professional will be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs actually result from such suspension of Services. (1) (2) (3) A reasonable standby charge to be negotiated between CITY and the Professional sufficient to compensate Professional for keeping (to the extent required in the notice) its organization and equipment committed to the Services in a standby status; All reasonable costs associated with demobilization of Professional's facility, forces and equipment; and A reasonable amount to be negotiated between CITY and the Professional to reimburse the Professional for the cost of maintaining and protecting that portion of the Services upon which activities have been suspended. (c) Upon receipt of notice to restart the suspended portion of the Services, Professional shall immediately resume performance on the suspended portion of the Services to the extent required in the notice. Within fourteen (14) calendar days after receipt of notice to restart the suspended portion of the Services, the Professional shall submit a revised schedule for approval by CITY. If, as a result of any suspension, the cost to Professional of subsequently performing the Services or the time required to do so is changed, a claim for an adjustment in the Contract price may be made. Any claim on the part of Professional for change in price or extension of time shall be made in accordance with this Contract. ARTICLE 27. DISPUTE RESOLUTION The Parties agree that in the event of a dispute concerning the performance or non-performance of any obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the Parties will voluntarily submit the dispute to an agreed mediation center or mediator for mediation as though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, statement or declaration resulting from or in connection with such alternate dispute resolution procedure may be used in evidence in subsequent litigation except to demonstrate that this Article has been complied with in good faith by a Party. Professional shall proceed diligently with performance of the Contract, pending final resolution of any request for relief, claim, appeal, or action arising under the Contract. ARTICLE 28. NOTICES All notices or other communications required under this Contract must be made in writing and sent either by personal delivery, registered or certified mail (in each case with return receipt requested and postage prepaid), nationally recognized overnight courier (with all fees prepaid), facsimile, or e-mail the other Party. Changes to name or address for notice are not effective unless they are in writing and provided to the other party in the same manner as other notices under this Contract. Notice is effective only sent using one of the methods specified above and if actually received. CITY: City of Georgetown Attn: Name., Title P.O. Box 409 PROFESSIONAL: Architectural Firm Name Attn: Name, Title Street Master Services Agreement — Architectural Firm Name Page 14 Version 3.26.2009 Item # D Attachment number 1 Page 15 of 19 Georgetown, TX 78626 City, State Zip Fax No.: 512-930- Fax No.: E-Mail: @georgetowntx.org E-Mail: with a copy to: Marsha lwers P.O. Box 409 Georgetown, TX 78626 Fax No. 512-930-9027 E-Mail:mei@georgetownft.org ARTICLE 29. TITLES AND SECTION HEADINGS The titles and section headings of this Contract are included for convenience only and shall not be deemed to constitute a part of this Contract. ARTICLE 30. INTERPRETATION AND RELIANCE While this Contract form was initiated by CITY, Professional had the opportunity to take exception to and seek clarification of it. Thus, this Contract is the product of negotiations between the Parties. No presumption will apply in favor of any Party in the interpretation of this Contract or in resolution of any ambiguity of any provision. ARTICLE 31. FAILURE TO ACT No action or failure to act by either Party shall be a waiver of a right or duty afforded under the Contract, nor shall such action or failure to act constitute a breach of this Contract, except as specifically agreed to in writing. ARTICLE 32. CONTRACT NON-EXCLUSIVE The Contract is not exclusive. Professional has the right to perform Services for others during the term of the Contract, and CITY has the right to hire others to perform the same or similar tasks. ARTICLE 33. THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this Contract and the provisions of this Contract shall not create any legal or equitable right, remedy or claim enforceable by any person, firm or organization other than the Parties and their permitted successors and permitted assigns. ARTICLE 34. MITIGATION OF DAMAGES In all cases the Party establishing or alleging a breach of contract or a right to be indemnified in accordance with this Contract shall be under a duty to take all necessary measures to mitigate the loss which has occurred, provided that it can do so without unreasonable inconvenience or cost. ARTICLE 35. SEVERABILITY This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall not affect the remainder of this Contract if it can be given effect without the invalid parts. Master Services Agreement — Architectural Firm Name Version 3.26.2009 Page 15 Item#D Attachment number 1 Page 16 of 19 ARTICLE 36. NON -COLLUSION; PROHIBITED FINANCIAL INTERESTS; PROHIBITED POLITICAL INFLUENCES Professional warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Professional, to solicit or secure this Contract, and that the/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduce from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Professional covenants and represents that Professional, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. Professional hereby represents and warrants to City, with the intention that City rely on this representation in entering this Contract, that no portion of any payment to Professional by City pursuant to this Contract shall be: (i) used as a bribe, kickback, rebate, or illegal political contribution of the purpose of obtaining political influence; or (ii) in violation of applicable regulations, tax laws or regulations or other laws of any jurisdiction. Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under a Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. ARTICLE 37. INTEGRATION & CONTRACT MODIFICATION This Contract, including its exhibits and Task Orders issued pursuant to it, contains the entire and integrated agreement between Professional and CITY as to their subject matter and supersedes all prior negotiations, correspondence, understandings, representations and agreements, written or oral, related to it. In case of conflict between the terms and conditions of this Contract and those of any standard sales forms presented by Professional or such forms appearing in or referenced by Professional's bid or proposal, the terms and conditions of this Contract shall prevail. The terms and conditions of this Contract can be modified only by a writing signed by an authorized representative of both Professional and CiTY. ARTICLE 38. APPROVAL Task Orders that exceed $15,000 (either initially or through an Amended Task Order) must be approved by the City Council before they become effective. Amended Task Orders must be approved by the City Council if they exceed $15,000, either separately or in the aggregate. Task Orders and Amended Task Orders must be executed by an authorized representative of each Party. The City may unilaterally adjust the dollar amounts in this Article based on changes in state law or in Council approved purchasing and contracting policies; notice of any such adjustments shall be provided to Professional. Master Services Agreement — Architectural Firm Name Page 16 Version 3.26.2009 Item # D Attachment number 1 Page 17 of 19 ARTICLE 39. SECURITY AT CITY JOB SITE Professional shall provide a list of names of its and its subcontractor's employees to the CITY project manager prior to commencing work at any CITY facility. The employee will only be allowed on any CITY job site, if the employee is able to show photo identification and their name is on the list. Any addition or deletion must be provided to the CITY project manager. THE CITY OF GEORGETOWN, TEXAS: PROFESSIONAL: Architectural Firm Name By: By: Name: George G. Garver Name: Title: Mayor Title: Date: Date: ATTEST: Jessica Hamilton, City Secretary APPROVED AS TO FORM: City Attorney Attachment A — Task Order Master Services Agreement — Architectural Firm Name Page 17 Version 3.26.2009 Item # D Attachment number 1 Page 18 of 19 Attachment A Project Name: Architectural Firm Name: Task Order No. Date: City's Designated Representative - City of Georgetown P.O. Box 409 Georgetown, Texas 78627 General Description of Services or Project: City Provided Information or Work: The City shall provide the following services or perform the following work (describe): Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, Architectural studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, no,nnal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. IteA 41 eDturat Attachment number 1 Page 19 of 19 Compensation: (Pick one) Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on Exhibit B in an amount not to exceed $ DOLLARS and CENTS. Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed DOLLARS and ZERO CENTS. APPROVED: CITY OF GEORGETOWN By: Name: Title: Address: Phone: Fax: E-Mail: Date: PROFESSIONAL Firm Name: By: Name: Title: Address: Phone: Fax: E-Mail: Date: Itettirchfieturai Attachment number 2 Page 1 of 7 Moman KGA Brinkley Sargent PBS & J 11 13 KA Hickman Staffel Bach Studio 8 MRB Group Wallace Group *top 4 firms Architechtural Services Evaluation Results Evaluator 1 Evaluator 2 Evaluator 3 67 34 66 72 70 77 79 80 94* 88* 85* 90* 96* 82* 85* 93* 68 92* 84 60 83 78 81* 83 36 37 58 85* 89* 78 Item # D Attachment number 2 Page 2 of 7 Evaluator 1 Experience of architect team 12 pts. Possess professional license 2 pts. Experience designing Municipal 20 pts. facility Work completed locally 15 pts. Project affiliations 2 pts. Credentials of local consultant 5 pts. personnel Local familiarity 4 pts. Present workload 5 pts. Cost/budget adherence on 10 pts. past projects Schedule adherence on past 10 pts. projects Evidence of design excellence 10 pts. Number of professionals and 5 pts other staff assigned to project TOTALS Architectural Services Moman KGA Brinkley Sargent PBS&J 1113 10 11 12 12 "11 2 2 2 2 15 15 20 15 20 15 0 10 15 15 0 0 0` 0 0 4 4 3< 4 5 3 1 4 4 4 5 3> 5 5 2 9 8 8 10 10 8` 9 '10 6 10 8 9 10 4 5 3 5 4 67 72 79 88 96 Item # D Attachment number 2 Page 3 of 7 Evaluation Sheet KA Hichman Staffetbach Studio 8 MRB Group Wallace Group 12 2 18 15 0 5 4 4 9 9 10 5 93 12 2 15 11 0 5 3 3 9 5 10 3 78 12 2 17 11 0 5 3 4 9 9 9 4 85 Item # D Attachment number 2 Page 4 of 7 Evaluator 2 Experience of architect team 12 pts. Possess professional license 2 pts. Experience designing Municipal 20 pts. facility Work completed locally 15 pts. Project affiliations 2 pts. Credentials of local consultant 5 pts. personnel Local familiarity 4 pts. Present workload 5 pts. Cost/budget adherence on 10 pts. past projects Schedule adherence on past 10 pts. projects Evidence of design excellence 10 pts. Number of professionals and 5 pts other staff assigned to project TOTALS Architectural Services Moman KGA Brinkley Sargent PBS&J 1113 8 12 12 12 "12 2 2 2 2 5 10 15 15 10 5 5 1 15 15 0 0 0 0 0 4 3 4 4 2 4 4 4 4 4 4> 4 5 0 8 5` 8 8 0 10 6 8 0 10 10 10 10 3 4 4 5 34 70 80 85 82 Item # D Attachment number 2 Page 5 of 7 Evaluation Sheet KA Hichman Staffetbach Studio 8 MRB Group Wallace Group 10 2 10 15 0 3 4 4 8 8 0 4 68 12 2 15 15 0 4 4 4 8 8 5 4 81 12 2 15 15 0 4 4 4 10 8 10 5 89 Item # D Attachment number 2 Page 6 of 7 Evaluator 3 Experience of architect team 12 pts. Possess professional license 2 pts. Experience designing Municipal 20 pts. facility Work completed locally 15 pts. Project affiliations 2 pts. Credentials of local consultant 5 pts. personnel Local familiarity 4 pts. Present workload 5 pts. Cost/budget adherence on 10 pts. past projects Schedule adherence on past 10 pts. projects Evidence of design excellence 10 pts. Number of professionals and 5 pts other staff assigned to project TOTALS Architectural Services Moman KGA Brinkley Sargent PBS&J 1113 12 12 12 12 "12 2 2 2 2 18 19 20 18 18 8 0 13 13 1 0 0 0 0 0 4 5 5 4 4 5 5 5 5 5 0 10 9` 10 7 0 10 10 10 5 8 9 9` 6 9 5 5 5; 5 5 66 77 94 90 85 Item # D Attachment number 2 Page 7 of 7 Evaluation Sheet KA Hichman Staffetbach Studio 8 MRB Group Wallace Group 12 2 19 13 0 5 4 5 9 9 9 5 92 12 2 19 3 0 5 3 5 10 10 9 5 83 12 2 18 8 0 5 3 5 10 10 0 5 78 Item # D City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action for the approval of an architectural services task order with Eleven Thirteen Architects to provide design renovations to the Municipal Complex Building in an amount not to exceed $45,000 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer ITEM SUMMARY: Funding was approved in the 2008/09 budget for interior renovations to the Municipal Complex Building. These renovations were intended to improve space usage efficiency by removing as many existing walls and offices as possible and replacing with modular office systems. This would allow us the ability to office a greater number of staff in the limited available space. We are expecting to accommodate space for approximately 35 existing employees and future expansion capabilities with this proposed renovation. The original scope of the project included renovations to the Development Services section, lobby and Utility Billing. The City Manager determined that since we had previously purchased modular office systems for the Development Services are and were able to increase the number of staff officed in the area as well as provide for future growth, no additional renovations were needed in that area. Office systems have also been provided for the Utility Billing area which will also allow for improved office space utilization. This leaves the GUS section of the building which will require removal of walls, modifications to the lighting plan, electrical, HVAC and, telecommunications/data. We are also including in the scope that the architect provide the City with some alternatives for energy efficiency and construction using "green" materials. The consultant will also be responsible for identifying temporary space in the building sequencing the relocation of staff during the construction. If approved the architect is prepared to begin work immediately and it is estimated the project would be ready for bid by November. This item was presented to the GGAF Board on July 7 and was recommended to be brought forward to the City Council for consideration. FINANCIAL IMPACT: $877,000.00 was budgeted in account 120-9-0380-90-107 GMC Renovations for the design, renovations and modular office systems purchase on this project. Architectural fees for the project are $45,000 which leaves the balance of $832,000 for the renovations and modular furniture purchase. SUBMITTED BY: Micki Rundell ATTACHMENTS: Task Order Cover Memo Item # E Attachment number 1 Page 1 of 3 Municipal Co plex Re ovations Eleven Thirteen Architects Task Order No. August 11p 2009 City's Designated Representative — Terry ones, Support Services Construction Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627 General Description of Services or Project: Design rchovitions to the nnp iex to inc . telecom inicetton sid ta. echan ica 1, c City Provided Information or Work: The City shall provide the following services or perform► the following work (describe): Provide exis,ting flk ane.l drawing, andas-twills for the T'VlrrMcipal Complex fact Provide a staff uvith the tyrchifect, Any documents or information related to the Work/Services provided by the City to the Professional, including, without limitation, Architectural studies, maps, reports, filed data, notes, plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City, and Professional shall have no ownership or other interest in same. The Professional shall deliver to the City, if requested, a written itemized receipt for the Information, and shall be responsible for its safe keeping and shall return it to the City, upon request, in as good condition as when received, normal wear and tear excepted. Scope of Work: (describe in detail using additional or separate sheets if necessary): :Review exist- rrg facilitic s, 1- VAC electrical Determine ac.iequacl rnf s 'sterns to acccrrnrsxncrclaf th_e City .for use as background cnf lay cruat for slgnifiscant: wa cu rns, and d,ra:wirn i0V.rt 0UL... Digitize ts. Review l rograr1 Tung mterviell's 1\ ltLr c ep...nirnent heads ten r professional staff, managers, administration, aaa c:c�rnrn 2, Schematic I1esiigra —Using interior space boundaries as deterr. in. design the spate to accommodate the needs a determined in the inter 11e11 stag i_lh nnod r furniture to the extent possible to meet he nee Inilitys l_teview witty (Il ty representative and others as required. to City, eviced by ccuracv y°ou t. igra ff„)envelopment -- i/Vork to refine the l ter cnr° layout and coordination. I-fy/AC requirements, lhaorked v it_h. Hi.e designated frrrraiture counparty ,ds idual flee City, Architectural Master Services Agreement — Task Order Version 7.15.2009 The Pagitetn # E Attachment number 1 Page 2 of 3 se leactia?ns to LicSin l iaver aall l ayyc.>aat cr= we rk s paarer.o in.re. tc racaa f nisbacs,, drae:arn , irardavwca;, etc. \\Tca the Cit} to rase. K r stasadards pr^cvic.aarddition, and s stetns that are enerl .y' c i i'icie nt aaad e ravireas�aneaataiiy, Erie raiiy. Construction Documents— Complete dcacu cific°aations 10 purpose of ➢aidding to Gnnerai1 (2ontractors rand aappleyrrirec perrs itsr anad 'I" S approval, C oordira<ate 1vork of engineers and furu-aitrar°e vend eaa pries° t s reie asau. Work vvritla Hack City 1'aaa°ciaaasirrg Department to iarer. rl:tr a ate bidd tag irtfc raga atie ar rasaielara. t< tite1 City in tile project rnarvanrraiQ aa:nd to coordinate pre -bid d 1 big! dates. Subrrait plains tcs the City Icir perulitting and Ira TI)LK or licensed re iew7er le r TAS rev ievy, 13iciciit�f yVurk with the City to dish°ihuk plans aaauc1 specifications, Attend pre -bid meeting, Answer inquiries. Issue any necessary reldeandar. Attend bid opening. Lvalauto bids and make recaornnheridaaiion to the City for award, Construction Administration - Work with the (lity selected e.ontr°actor through the process of- coristruction, Review tiie avork periodically on site to assure work meets design t. 1~<e ~~ ew pay requests for accuracy. Attend progress rneetingsat frequency ed. Repo tcit contractor incia.ririe . Comp punch fist and o or°k tiv7ifla City on el Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents and warrants to City that Professional shall not perform any work or services for a third party that is potentially or actually related to, connected to, a part of, or integral to the work or services that it has performed is or is performing for the City under this Task Order. Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to the attention of the City, and Professional agrees that the City shall be the sole judge as to whether a conflict or potential conflict of interest with work for private parties or Developer work exists. If in the judgment of the City such a conflict or potential conflict between City work and Developer work exists, then Professional agrees to terminate all work under the affected Task Order(s) immediately and that it shall not be eligible for payment for such services. Compensation: (Pick one) Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on Exhibit B in an amount not to exceed S DOLLARS and CENTS. X Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed $ FORTY FIVF Ti lOLSAN[:) DOLLARS and ZERO CENTS. Architectural Master Services Agreement — Task Order Version 7.15.2009 Pagitetn # E Attachment number 1 Page 3 of 3 APPROVED: CITY OF GEORGETOWN By: Name: Title: Address: Phone: Fax: E-Mail: Date: PROFESSIONAL Firm Name: Eleven Thirteen Architects By: Name: Title: Address: Phone: Fax: E-Mail: Date: P.O. Box 1607, Georgetown 78627 512-869-1104 512- 869-1362 kmnunn@1113architect.com August 11, 2009 Architectural Master Services Agreement — Task Order Version 7.15.2009 PagiteM # E City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action to renew the existing household hazardous waste contract between the City of Georgetown and PA-jer Corporation, dba Williamson County Recycle Center (WCRC), of Georgetown, Texas, for the proper disposal of residential utility customers' Household Hazardous Waste (HHW) -- Rachel Osgood, Environmental Services Coordinator and Jim Briggs Assistant City Manager for Utility Operations ITEM SUMMARY: At the April 8, 2008, meeting, Council approved a one-year contract with WCRC for the disposal of household hazardous waste for utility residential customers. The contract with WCRC included an option to renew for two (2) one-year terms upon mutual agreement of both the vendor and the City. The first one-year renewal was approved by Council at their September 23, 2008 meeting. The first year term of this contract will expire September 30, 2009, and staff are requesting approval to renew the contract for the second and last one-year period. WCRC has been a satisfactory vendor and the program has proven more efficient and cost-effective than the annual collection events that were held previously. The terms and conditions of the contract remain the same. BOARD RECOMMENDATION: Not applicable STAFF RECOMMENDATION: Staff recommends approval of the contract for the second and last one-year term. FINANCIAL IMPACT: Funds for this expenditure are budgeted in the Sanitation General Fund: Fund Cost Net Budget 100-5-0533-51-343 Haz. Waste Program $25,000.00 SUBMITTED BY: Rachel Osgood, Jana Kern ATTACHMENTS: PA-jer Agreement 2009 As defined in 2009/2010 budget Cover Memo Item # F City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action to authorize the Georgetown Fire Department to make an application to the Capital Area Council of Governments (CAPCOG) grants program, Homeland Security Funding, FY 2010 -- Robert Fite, Fire Chief ITEM SUMMARY: The purpose of the CAPCOG grant funding is to improve the regional response to the CAPCOG area using Homeland Security funding. This funding is through FEMA and targets preparedness and response for certain types of events such as Hazardous Materials, Terrorism, and other Homeland Security initiatives. The grant focuses on regionalization and can only be used for these specific purposes. Our request will be to improve the protection capability of Lake Georgetown with the purchase of water and dive rescue equipment. Since the Lake is utilized by more than the City of Georgetown, this grant application will be considered Regional in scope and will meet the criteria listed above. This grant application will be for $26,400 or less. FINANCIAL IMPACT: None at this time, CAPCOG is evaluating the matching requirements. The instructions listed in the grant documentation state the matching is ZERO but may be as much as 25% depending upon size and scope of the request. Our grant analysis will assume the 25% matching. SUBMITTED BY: Robert Fite, Fire Chief ATTACHMENTS: Grant Financial Analysis Cover Memo Item # G Grant Financial Analysis Attachment number 1 Page 1 of 1 Date this form is completed:August 2, 2009 Divis Form completed by: Robert Fite on:Fire Department Division Director approva De.artmen nd contact person: Fire Operations Robert Fite Grant Program/Project Name: Description of Costs Associated wfth this Grant Equipment and training for Water & Dive tea Description of On -going & Related Costs Subtotal: Sub at Capital Area Council of Governments ( CAPCCG) grant First Year Grant Funds $26,400,00 $26,400,©0 First Year Grant Funds First Year Matching Funds(1) 6,600 00.00 First Year Matching Funds(1) Total $26,400.00 (1) What is the source of your matching funds for this grant? ESD and Revenue Billing Account $6,600 Second Year Second Year Grant Second Year Second Year atchln• $©.00 (2) What is the goal or the desired outcome of this grant project? To improve rescue response to Lake Gerorgetown (3) Which other divisions will you need to work with in order to accomplish the objective of the grant? Finance & Purchasing (4) Describe any other related information concerning this grant. There may be no matching funds CAPCOG is evaluting the matching requirements Approved by Finance Projected 5 Year Grant Costs Projected 5 Year Grant Costs $0.00 Jh"rzh",=.ACN.97tGCAGGtZONA7AaA, F. aA AL ANAYL Item # G City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action to approve an award of a bid for IOOF Cemetery landscape maintenance to Maldonado Nursery and Landscaping, Inc. of Austin in the amount of $41,457.60 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services ITEM SUMMARY: Bids were received to perform landscape maintenance services at IOOF Cemetery for a period of two (2) years with an option to renew for three (3) additional one (a) year period starting September 1, 2008. The staff recommendation is to award this bid to the low bidder responding, Maldonado Nursery and Landscaping, Inc. of Austin, in the amount of $41,457.60. Best value was used to evaluate this bid. Evaluations were only completed on the five lowest bids submitted. FINANCIAL IMPACT: Funds for this expenditure were budgeted in the 09/10 Parks budget account #231-5-021 1-51-310 Contracts & Leases in the amount of $70,388. SUBMITTED BY: Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Service ATTACHMENTS: Bid Tabulation Bid #29053 Best Value Bid #29053 Cover Memo Item # H Attachment number 1 Page 1 of 1 CITY OF GEORGETOWN LANDSCAPE MAINTENANCE SERVICES BID NO. 29053 ulation - IOOF CEMETERY 29053 Bid Ta 4+ • aJ V Lri di U') Greenerside G! • • 06 cn Lf) er EP, v Cri co co 0 71, err co co Lr) C!� 4- G1 v • • 4- • co co O EP- V 'i 4 z 00 C, Lr) cn Cr) cxi er m • 4- 0 cri r-I Ln cr) m IOOF Cemete 0 (21 rcs a) Lr c�] Lr) cn Lr) N Ef3 Lr) Lr) 00 m EA- Lr) N ER - Le; N Ef} Per Hour Rate N ri Lr) Lf) CJ) di cri Lr) EF3 co71-1 co co oo c�) cfs Lfj Cr). Lr) Eft Ln eti rl er Efi cn Estimated Total Note 1 -only noted 1 annual cost, no er di 0' N EA w 0 U Total - $41,457.60 aldanado Nursery & Landscaping - Estimated Annua Award Recommendation Po 0 z 0 N a) 0 rcs -0- -0 C 0 C ra U o ,tc. ra v 0 o G J a} rs 0 0 ra U L, >,O o x rcs H w X a) cl O H } +�. O `n vi 'c v cn C V - .0 0 4 4- x 2-EL, a; cu a) o 0 Q- J. J) v P. H v v a) H C-7 -3 0 n cn '4- a c, 0 U O a) +- PC cn 0ra o D. v) o Q U I a 'O. ra v so- Q) o U U H 0 a) N OLn cn 0 0 .� - (,) v a) U U o U 0 a •v 4 0 U a,o Q 0 U' U i. 1 0 CZ 0 3-1 0 vi 0 v vc v vv)) H o g a, U 0 v7 -C v - O u CI)-C u z ¢ cn � v) ers Electric a1 0 O Attachment number 2 Page 1 of 6 LANDSCAPE SERVICE - LOT A BEST VALUE BID EVALUATION SHEET Only top five companies evaluated a) E c u) a) CO g 2 CO a) 0 co -c) v.- 0 (1) Z Al 0 111 03 2 EVALUATION CATEGORY CO COa— N o 0 1%- r- ro o 0a) 6 2 C) Nt 45 in in cv -- •-, a) co cr < co- CO o 4, o c a) In cd Le) ID ,_ = 0 I) CO N CO NI- co r) a oS ,5 v. co o "5 -§ c (f) Tss" 8 .c.3 as o o w a) — E 5 c o o o cc; a •a• .0 cp (.) 0 coo co •--- --- 15 a N: co . -a Ts• CO o 0.2 wE -2u) 20 ,„ 1 1.0 h. CD C (0 IP- CC1 CO N C u) "CS 0 CL C/) 1.0 IC) N 0. 1.Z1' 1:1) 0 c CD .r.. 0 Cri a. 0 14.. 7t0 ID ) --:` L.) 0 C" • :-. N— .92 4 aQ 0 C W 1.(.. 2 N, 0 c o — "64. a> (t) .c o a ti c\1 in (4 cb Lli 0 L• 0 ..L.- 0) ..... O. 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O:1 ,_- a) _c ---• 0 -0 w c o 1E On c cn-0a) 0_2 -°(,)c n3 0 _ a) o lc. 2, 6 ,..., o-cEa?,,33,73-td' E 2 3)) 8 (9- _ 00 •ct 0 MALDONADO MAINTENANCE SERVICE REFERENCES 2 a) a) E > o _0 0 co ca to" a) > -0 a) -c -0 0 si E E c -a a) 0., 0E Q. o _a z o '5 o co - To .a3 a) wa) (I) 5 c :-. >, a) > ow = 1- -0 _c • -5 ci, >, L,') 6 o *cTi >, co .- _c 4-, = .,,, -0 z > '‘7 E To -0 'c cri E 73) a) w a) >- -.S --,- Custo w < •",,, ti a) 2 E _d > c -5 ,_ei) - 2 a_ I- E, CO al — a) w 4C) cii ea c co c.) _o co ,.._ a.) (1) _C cu OS ,_ -.5 eL _c - (1) ca _c -a u) u) ,... _.- L__ -0 c ._ - co _c a) ca 0 u) a) 'a o E o w o -CD 0 C " a) co > ea 0 w c C2- _0 Oa (1) t) --.. Oli ci) , ''n o 0_ (/) Q.) co "0 4-• a) -a --e) a) E a) -0 7._, .70 .a)5 co>.' (c) Q) c > > 0) > 2 (a Fa o 0 ca. co c -c '-- 0 'c7) :6 cl_ au) _ a_ H on ,,2 c.E es) „).- (1) c o a) >, 8 '5 CD E II) E 2 E) -o c a) w co a) a) -c E -ILI a) a.) En > cn 1,7, = a) o E a) ,..s. a) 0 a— a) -a (1) a) 0 0 0 oa) TO OS a) a) _co-cc,o a) " "c) ad (1) > Oa > CD CD 0 a) (.13 ea ca a) I 4- (1) a) 0 a) ,_ co -c 76 2 -4j _ci co a) a) ,- 0) c c p (1) > as o (..) _0 Y) ° 0 CO Deadlines are never a concern ty to meet deadlines - 1 pt Quality of contractors work - 2 pt Customer Service - 1 pt pment issues No problems with e Never a problem with equipment. Equipment & supplies - 1 pt Item # H Samsun Semi Conductors United States Postal Sery - 0 ton- 342-1521 Chlovite Washin 0 § § K E MZE /j }§ 2@ very good customer servi 3 c / Q / 2 \c \\,t2 ® ©ƒ®— //[/f § >a0 ®7%±f 2> ƒ>\\\ \j//\ $d7)£ 2o-GE \ { _ _ = (0 = 0 & \E/\7§ 0 0o / \2 0 25$22 OoS \\/k\){ 7o=7& \ :_!!sCO 3G§3/ Ability to meet deadlines - 1 pt Quality of contractors work - 2 pt Customer Service - 1 pt Equipment & supplies - 1 pt Attachment number 2 e 3 of 6 Item # H Attachment number 2 Page 4 of 6 WE MOW IT - * Vendor in Good Standing with COG - References exempt from being checked MAINTENANCE SERVICE REFERENCES Ability to meet deadlines - 1 pt Quality of contractors work - 2 pt Customer Service - 1 pt Equipment & supplies - 1 pt Item # H Attachment number 2 Page 5 of 6 SUNTERRA - Vendor in Good Standing w/COG ref exempt from being checked MAINTENANCE SERVICE REFERENCES Ability to meet scheduled deadlines - 1 pt. Quality of contractors work - 2 pt Customer Service - 1 pt Equipment & supplies - 1 pt Item # H Attachment number 2 Page 6 of 6 STILLWATER- COG Vendor in good standing MAINTENANCE SERVICE REFERENCES Ability to meet scheduled deadlines - 1 pt. Quality of contractors work - 2 pt Customer Service - 1 pt Equipment & supplies - 1 pt Item # H City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action to direct staff to amend Personnel Policy #350 on Longevity to include administrative Procedures to limit the payout of longevity to only those employees who have completed the specified minimum year(s) of service -- Kevin Russell, Director of Human Resources & Civil Service ITEM SUMMARY: Upon comments from the General Government and Finance Committee (GGAF) and direction of Council, staff has survey the area citieis/agencies and are making the following recommendations to change the administration of Policy #350 on Longevity: • Employees with a hire date on or prior to the last pay period beginning in December will be eligible for longevity pay, as funded each year, in the following year. *Sworn Police Department employees and firefighters will still be eligible for longevity in their year of hire. (Pursuant to Texas Statutes Local Government Code 141.032) FINANCIAL IMPACT: SUBMITTED BY: Kevin Russell, Director of Human Resources & Civil Service ATTACHMENTS: Longevity Policy Cover Memo Item # I Attachment number 1 Page 1 of 1 Personnel Policies and Procedures 1844 EOG E OWN LONGEVITY PURPOSE To recognize employee's years of continuous service. II. SCOPE This policy applies to all regular employees. III POLICY All full time employees with one or more years of service are eligible for longevity pay as funded by budget. Longevity will be computed by multiplying the number of months of service completed on December 31 st of each year, times the monthly longevity rate accrued. The monthly longevity rate is determined by the schedule below, and is based upon the whole years of service an employee will complete any time during the calendar year. A "whole year of service" is any full calendar year following the last work day of the prior calendar year which the employee was employed by the City. Years of Service 0 to 4 5 to 9 10 to 14 15 to 28 Monthly Longevity Rate $ 7.00 9.00 11.00 13.00 The maximum years of service used to compute longevity is twenty-eight. Upon termination, an employee will receive a pro -rated longevity payment based on the number of months employed in that calendar year. Part-time employees earn longevity pay on a pro -rated basis. IV. GUIDELINES Employees with a hire date on or prior to the last pay period beginning in December will be eligible for longevity pay, as funded each year, in the following year. *Sworn Police Department employees and firefighters will still be eligible for longevity in their year of hire. Longevity Policy No. 350 Origination Date: 12/01/97 Revision Date: 03/01/2009 Page 1 of 1 Item # I City of Georgetown, Texas August 11, 2009 SUBJECT: Consideration and possible action to direct staff to amend Personnel Policy #120 on Salary Administration to include a section on Merit Based Pay in the Salary Program Elements section of the policy that would allow for the payment of adjustments to employee base salaries, if in any given year the Council approves funds for the Merit program -- Kevin Russell, Director of Human Resources & Civil Service ITEM SUMMARY: HR Staff had been reviewing the Non Public Safety Pay System and its ability to support the Council's current philosophy to attract, retain and reward its employees based on performance. An overview was presented at a Council workshop in May. The administration of the policy is now being modified to ensure that the City maintains a compensation system, which is internally equitable and externally competitive with industry in our community, other competing markets, and similarly sized and similarly situated cities. To maintain a program of internally equitable and externally competitive salaries recognizing the importance and value of each individual and maintaining a system of fair pay for equal work. In any given year, the City Council may or may not fund salary adjustments based on an employee's performance in the prior year. Only employees with at least 12 months of measurable performance may be eligible for the merit based pay program. FINANCIAL IMPACT: Financial costs as approved by Council with the City Manager's budget, in any given year. SUBMITTED BY: Kevin Russell, Director of Human Resources & Civil Service ATTACHMENTS: Merit Based Pay Policy Cover Memo Item # J Attachment number 1 Page 1 of 2 Personnel Policies and Procedures 1ST 1848 UEORGETOWN TEXAS SALARY ADMINISTRATION PURPOSE To maintain a program of internally equitable and externally competitive salaries recognizing the importance and value of each individual and maintaining a system of fair pay for equal work in support of organizational goals. II. SCOPE This policy applies to all positions. POLICY The City will maintain a compensation system, which is internally equitable and externally competitive with industry in our community, other competing markets, and similarly sized and similarly situated cities. Determination of salary policy is the responsibility of the Director of Human Resources who annually prepares a compensation plan for the City Manager to submit to the City Council for approval as a part of the annual budget. The Human Resources Department handles administration of the salary policy. IV. SALARY PROGRAM ELEMENTS A. Official Job Titles All positions shall be designated by official job titles. These official job titles shall be used on all official records, payroll and communications. No other job titles may be used. B. Salary Pay Grades/Ranges Each position is assigned to a pay grade. Each salary pay grade has been assigned a salary range based on a range around market averages for similar positions. Within this framework, an employee's salary will generally be determined by starting qualifications. Unless the City determines that circumstances warrant otherwise, employees will receive a salary that is within the range limits of the applicable pay grade. Salary Administration Policy No. 120 Origination Date: 12/01/97 Revision Date: 08/01/2009 Page 1 of 2 Item # J Attachment number 1 Page 2 of 2 Personnel Policies and Procedures 1ST 1848 UEORGETOWN TEXAS C. Pay for Performance In any given year, the City Council may fund a one-time bonus incentive program half of it paid to aid in retaining quality employees and half of it paid to reward employees for productivity and job performance. Employees with a hire date prior to October Ft of the current year will be eligible for the bonus incentive program administered in the fiscal year beginning October l st of that same year. Employees must be employee for a full year in order to be eligible. Bonuses may be prorated for employees not working the entire year. This program will be funded with funds allocated by the City Council and paid as a lump -sum distribution for performance that exceeds expectations during the review period. D. Cost of Living Adjustment (COLA) In order to maintain the purchasing power of employee salaries relative to annual inflation, the City may fund an annual COLA for all regular, full and part-time employees not included in a defined pay plan. The COLA will be based on an average of the rolling previous three year annual. Consumer Price Index (CPI) for the defined Texas Region. Employees with a hire date prior to September 1st of the current year will be eligible for the COLA administered in October of that same calendar year. E. Merit Based Pay In any given year, the City Council may fund salary adjustments based on an employee's performance in the prior year. Only employees with at least 12 months of measurable performance may be eligible for the merit based pay program. V. MAINTENANCE OF SALARY STRUCTURE & COMPENSATON PLAN Salary ranges of the City pay structure will be reviewed by the Human Resources Department during the annual budget preparation process of each year to determine their adequacy for business conditions within the competitive job market and recommendations for any changes will be made to the City Manager. Adjustments will be made to the salary range structure as required to take effect at the beginning of the following fiscal year. Salary Administration Policy No. 120 Origination Date: 12/01/97 Revision Date: 08/01/2009 Page 2 of 2 Item # J City of Georgetown, Texas August 11, 2009 SUBJECT: First Reading of an Ordinance of the City Council of the City of Georgetown, Texas Adding New Chapter 6.70 to the City of Georgetown Code of Ordinances Regarding Garage Sales, Permits for Garage Sales, and Garage Sale Signs -- Paul E. Brandenburg, City Manager ITEM SUMMARY: Due to recent concerns expressed regarding the regulation of garage and/or estate sales in the community, the city attorney and city staff reviewed ordinances from other communities in Texas (Dallas, Fort Worth, San Antonio, and Austin) regarding this issue and drafted the attached ordinance for Council review, consideration and potential approval. ATTACHMENTS 1. Draft Ordinance FINANCIAL IMPACT: SUBMITTED BY: Paul E. Brandenburg, City Manager ATTACHMENTS: Proposed Ordinance - Garage Sales, Permits for Garage Sales, and Garage Sale Signs Cover Memo Item # K Attachment number 1 Page 1 of 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ADDING NEW CHAPTER 6.70 TO THE CITY OF GEORGETOWN CODE OF ORDINANCES REGARDING GARAGE SALES, PERMITS FOR GARAGE SALES, AND GARAGE SALE SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown is a home rule city; and WHEREAS, the City Council of the City of Georgetown, Texas has determined that in order to meet its police power responsibilities in providing the quality and character of environment desired by its citizens, it is reasonable and necessary to establish appropriate regulations governing garage sales and other outdoor sales within the corporate limits of the City of Georgetown. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1: That the recitals above are true and correct and incorporated herein for all purposes, and that this ordinance is consistent with the City of Georgetown 2030 Comprehensive Plan. SECTION 2: That new Chapter 6.70 "Garage Sales" is hereby adopted and shall provide as follows: CHAPTER 6.70 GARAGE SALES 6.70.010 Definitions The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: (1) Calendar year means that period of time from anuary 1 through December 31 of any year. (2) Building Official means the City's Building Official, or his designee(s). Ordinance No. Garage Sales, Permits for Garage Sales, and Garage Sale Signs Page 1 of 4 Item # K Attachment number 1 Page zm4 (3) Garage Sale means: (� Hm��of ���hddbma ,-, ran8/ooe parsona/ property garage, carport, porch, patio, driveway, sidewalk, or yard of the seller's dwelling; or (b) the sale of tangible personal property that isheld bnaparking lot, driveway, sidewalk, or yard of non-residential property other than one zoned therefor and for which ocurrent valid commercial store license has been issued by the state. The term Garage Sale includes the terms yard sale, estate sale, occasional sale, and similar phrases. (4) Person means any individual or group of individuals, or any association organizedfor benevolent, charitable, religious cultural 6'70.020 Permit Required A. Required. No garage sale shall be conducted within the corporate limits of the city, as said boundaries now exist or as said boundaries shall hchereafter altered, without permit from the Building [}f8da|. For garage sales held in the extraterritorial jurisdiction of the City, only the provisions of Section 6.70.030 relating LuSigns shall apply. B. Application. Any person desiring o permit under this Chapter shall make application for such permit to the Building Official, setting forth the location, time and date of said sale, the name and address of the person holding said sale, and the type of goods, wares and merchandise to be sold. The applicant nootbeanowner or tenant of the property vbere the garage sale ia to be held. C. Fes There shall heno permit fee imposed for garage sale . D. Number per Year. The number of garage sales onaproperty shall. not exceed two (2) per calendar E. Duration. Nngarage sale shall extend for any period nftime exceeding three (3) consecutive days. F. Xtesna for Sale. The owner or tenant of the property where the garage sale isheld must bethe legal.n�nz«d�w�nr�� i tthe dme owner '_'n_ personal properrya ofsuch sale, nrmust have the right hn dispose of the property. Items for sale shall heconfined tothe garage, carport, porch, patio, driveway, sidewalk, oryard Ordinance No. Garage Sales, Permits for Garage 3uhx, and Garage Sale Signs Page of Attachment number 1 Page 3 of 4 on the premises of the seller's dwelling, or to the parking lot, driveway, sidewalk or yard of non-residential property. No merchandise acquired solely for the purpose of resale shall be sold at garage sales. 6.70.030 Signs A. On -Premise Signs. One (1) sign shall be allowed to be placed on the property where the garage sale is to be held. B. Off Premise Signs. With the permission of the property owner(s) where the sign(s) are to be located, the applicant may place up to two (2) off - premise signs on private property located not more than 1000 feet from the property where the garage sale will be held. The sign must state the address of the sale and the date(s) of the sale. C. Location of Signs. (1) Signs shall be placed at least ten (10) feet back from the curb or edge of street or pavement. (2) Signs or notices under this Chapter shall not be fixed to or located upon any public property, right-of-way or easement, utility pole, street sign, traffic sign or pole, sidewalk or other public way. (3) Signs shall not be placed within a street median or within the restricted area defined in Section 12.44.010 of the Code of Ordinances ("visibility triangle"). D. Posting and Removal of Signs. Signs shall not be posted more than twenty-four (24) hours prior to the beginning of the sale. All signs advertising a garage sale shall be removed by the permittee no later than twenty four (24) hours following the expiration of the permit. E. Sign Size. Garage sale signs shall not exceed four (4) square feet. F. Attachments to Signs. No attachments to signs are allowed, including but not limited to balloons, ribbons, streamers, or other attention - getting accessories. G. Application in the Extraterritorial Jurisdiction of the City. The provisions of Section 6.70.030 shall apply to garage sale signs in the City limits and in the City's extraterritorial jurisdiction. Ordinance No. Garage Sales, Permits for Garage Sales, and Garage Sale Signs Page 3 of 4 Item # K Attachment number 1 Page 4 of 4 H. Removal of Signs. The City's Code Enforcement Officers are hereby authorized to remove any sign that does not comply with any provision of this Chapter without notice. SECTION 3. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SEC 1'ION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of 2009. PASSED AND APPROVED on Second Reading on the day of 2009. ATTEST: THE CITY OF GEORGETOWN By: By: Jessica Hamilton, City Secretary George G. Garver, Mayor APPROVED AS TO FORM: City Attorney Ordinance No. Garage Sales, Permits for Garage Sales, and Garage Sale Signs Page 4 of 4 Item # K City of Georgetown, Texas August 11, 2009 SUBJECT: First Reading of an Ordinance amending the following sections of Chapter 2.115 of the Code of Ordinances relating to the Georgetown Village Public Improvement District No. 1 Advisory Board, amending Sections 2.115.030 and 2.115.040 --Patricia E. Carls, City Attorney ITEM SUMMARY: By e-mail dated June 10, 2009, Chance Leigh of the Georgetown Village Public Improvement District No. 1 Advisory Board (the "Board") advised the City that the PID Board had made certain changes to its Bylaws and requested that the City amend the corresponding provisions of Section 2.115 of the City Code. The purpose of the amendments is to allow for more flexibility in appointing homeowner -representative members to the Board, and in appointing officers. ATTACHMENTS 1. Ordinance for First Reading 2. Copy of Georgetown Village PID Bylaws FINANCIAL IMPACT: SUBMITTED BY: Patricia E. Carls, City Attorney ATTACHMENTS: Draft Ordinance Georgetown Village Bylaws Cover Memo Item # L Attachment number 1 Page 1 of 3 ORDINANCE NO. An Ordinance of the City Council of the City Of Georgetown, Texas Amending the Following Sections of Chapter 2.115 of the Code of Ordinances Relating to the Georgetown Village Public Improvement District No. 1 Advisory Board, Amending Sections 2.115.030 and 2.115.040; Repealing Conflicting Ordinances; Providing a Severability Clause; and Establishing an Effective Date. WHEREAS, the City Council has found and determined that it would be in the best interest of the community to amend Chapter 2.115 to provide for corrections as recommended by the Georgetown Village Public Improvement District No. 1 Advisory Board; and WHEREAS, after receiving input from the Advisory Board, the City Council found and determined that it would be in the best interest of the community to amend the ordinance as contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, that: SECTION 1 The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that enactment of this Ordinance is not inconsistent or in conflict with the 2030 Comprehensive Plan. SECTION 2 Section 2.115.030 of the City Code of Ordinances is hereby amended to provide as follows (additions are shown as underscored text; deletions are shown as strikethrough text): Sec. 2.115.030. Members and terms. A. The Board shall consist of seven (7) members and up to three (3) alternates nominated by the Board in accordance with the procedures detailed in the Board's bylaws, appointed by the mayor, and confirmed by City Council as follows: Five (5) of the members shall be resident homeowners in the Georgetown Village subdivision ("GV Members"); two (2) members shall be members of the entity that is developing Georgetown Village ("Development Members"). At such time as the development of the 811-acre Georgetown Village project is complete, as determined by the Development Members, the two (2) Development Members shall resign and be replaced by two (2) GV Members. B. In appointing the CV Members, and if such applicants arc qualified and. available to serve, the City Council shall include at least one (1) representative from ach of the following groups: (i) Homeowners with lots that arc less than or equal to fifty (50) feet wide; Ordinance No. Georgetown Village PID Page I of 3 Item # L Attachment number 1 Page zma (ij) Homeowners with lots that are greater than fifty (50feet wide and less than sixty (60) feet wide; and /iii\ Homeowners with lots that are greater than sixty (60)feet wide. C. /\!Lcrnohco shall serve as needed for the regular C\/Members and, if qualified and available Loccrvc chuUbcappointed 6r b �th following ,onucoc n c groups: (i) Homeowners with lots thuturcless than or equal to OH'n(50) }cct wid e; /ii\ Ffnmcovvncru with 1nta that are greater than fifty (50) feet wide and less than sixty (60\feet id��an d , ' vv (iii) Homeowners with lots that are greater than sixty /60\ feet wide, and may serve uxBoard members bnthe event ofonabsence orzvacancy. B.P. The term ofoffice for all. Board members shall. betwo (2) years. C. E— G\7 Members may be re -appointed once, for a nuaxiznnzn consecutive service period of four (4) �ea,a� After serving a maximum consecutive fou r-year period, and after period of two (2) years has elapsed since the end o(the C\/ &Yonnbo,'e last term, the C\/Member again bcnominated and appointed to serve for aoadditional term bmaccordance with this section. D. Tbezeorennlin�i�aon�he�ernmso}�he[)�ve|o ��� Members. Development e ere. F. Vacancies inthe positions ofG\/Members shall befilled by the Alternate representing the hnnemvoer�rnop, if available . G. H. Board members may also serve as members on other City Council appointed boards, committees, or commissions. SECTION Section2]]5.[40 of the City Code ofOrdinances is hereby amended to provide as follows: Sec. 2.115.040. Officers. A. The Board shall elect a and treasurer. /\ non- member may serve inthe ministerial position aesecretary for the purposes of preparing agenda, postings, and meeting nobnuhps that sadeFv the provisions of the Texas Open Meetings Act, but ifthe secretary ie auon-nuember, beorshe shall not be entitled to vote or to take an other ti th th y n cr nns c, ac n an preparing agenda, postings, and meeting minutes Nha|sads6n the provisions o( the Texas Open Meetings Act. B. No person may be appointed to serve as an officer until -such person has served onthe Board f rutleast one (l)year. DC-. Any officer shall be entitled to enter into any contract or to execute and deliver an instrument in the f the Board, provided that the officer Y nstrunu�n enamne o e oar , prov e a e o er has obtained authorization bondhe Board andprovided[ cUor that the contract or instrument ianot inconsistent with Chapter 372ofthe Texas Local Government Code, Ordinance No. 99-22(relating tothe creation nfthe District and the levying of assessments on property bnthe [)istrict) and the Service and Assessment Plan Ordinance No. Georgetown Village P0 Page 2nf3 Attachment number 1 Page 3 of 3 for the District, and the City Council approved budget for the District, as these may be amended from time to time. CP. The Board may establish such procedures, rules and regulations pertaining to officers as it may deem desirable, provided that those procedures are not inconsistent with this Chapter of the City Code of Ordinances, Chapter 372 of the Texas Local Government Code, Ordinance No. 99-22 (relating to the creation of the District and the levying of assessments on property in the District), the Service and Assessment Plan for the District, or the City Council approved budget for the District, as these may be amended from time to time. SECTION 4 All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer in effect. SECTION 5 If any provisions of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 6 The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effecting accordance with the terms of the City Charter. PASSED AND APPROVED on First Reading on the day of , 2009. PASSED AND APPROVED on Second Reading on the day of 2009. ATTEST: THE CITY OF GEORGETOWN: Jessica Hamilton George G. Garver City Secretary Mayor APPROVED AS TO FORM: City Attorney Ordinance No. Georgetown Village PID Page 3 of 3 Item # L Attachment number 2 Page 1 of 13 GOVERNING RULES OF GEORGETOWN VILLAGE PUBLIC IMPROVEMENT DISTRICT NO. 1 ARTICLE I OFFICES AND PURPOSES 1.01— Principal Office. The principal office of Georgetown Village Public Improvement District No. 1 (the "PID") shall be located at 371 Village Commons Boulevard, Georgetown, Texas 78633. 1.02 — Other Offices. The PID may have offices at such other places, either within or without the State of Texas, as the board may from time to time determine or as the affairs of the PID may require. 1.03 — Creation of and Purpose of the PID. The PID was created as a Public Improvement District pursuant to (i) Petition for Establishment of Georgetown Village Public Improvement District No. 1 dated September 15, 1998 (the "Petition"), (ii) Resolution No. 990223-N of the City Council of the City of Georgetown, Texas (the "Council"), and (iii) Ordinance 99-22 of the Council (collectively, the "Creation Documents"). The purpose of the PID is to maintain all parks less than one acre in size, all alleyways, all common area landscaping and additional amenities as designated by the board, in that development known as Georgetown Village. ARTICLE II BOARD MEMBERS 2.01— Powers and Duties of Board Members. The business and affairs of the PID shall be managed by its board, which, subject to any lawful authority exercised by the City of Georgetown (the "City"), may exercise all powers of the PID and do all lawful acts and things as are not by statute, the Creation Documents, or these Rules, directed or required to be exercised or done by the Council. The board shall prepare the annual budget, which shall be approved for the coming year before the end of September. The board acknowledges that, pursuant to state law and the Creation Documents, the ultimate authority for making decision for the PID lies with the City. 2.02 - Number, Qualifications and Terms. (Revised on 4/22/04). The number of members, which shall constitute the board, is seven (7), and there shall be up to three (3) alternates who may accede to the position of board member for a particular board meeting in the event of a board member's absence and as needed to fill vacancies. At least five (5) of the board members shall be resident homeowners in Georgetown Village (the "GV Members"), and two (2) members, initially, shall be Item # L Attachment number z Page zm1a members nfthe Shell Ranch Development Board ("SheUMennbeo"). Atsuch time asthe development ofthe 811acre Georgetown Village project isconnp|ete,uponthenext appointment ofboard members bythe Council following completion ofthe project, the two (2) Shell k/lembers shall resign and be replaced by two (2) GV Members, so that all board members beGVMembers thereafter. The determination regarding the completion ofthe project shaUbeinthediscretionoftheSheUK4ennbers. EachGV Member shall serve for a term of two (2) years and may be reappointed once, for a maximum consecutive service period offour (4)years. After serving amaximum consecutive four (4) year period, a homeowner may again be nominated and approved to serve of the board, provided that a two (2) year waiting period has elapsed between board service terms for such homeowner. 2.03- Recommendation and Appointment ofBoard Members. At each March February meeting 0fthe nominating committee, the nominating committee shall recommend persons for board membership in accordance with the Paragraph and Article III hereof. Atthe first The nominating committee shall recommend for board membership three (3) GV Members for a term of one year, two (2) GV Members for 8term of two (2)ye8r3, and (3) alternates, one for C-ach homeowners noted below and to the extent pol-sibic, one for each group of . and thereafter Upon the expiration of a each original member'Sterm of office, the nominating committee, Sh8U recommend to the Board, as applicable, two (2), three (3), four (4), or five (5) GV Members to serve for a term of two (2) years each, with appointments renewable as noted inParagraph 2.D2 above. and, as applicable, an alternate from the homeowner groups noted below. At all times, the board shall include at Ic-ast one GV Member from c-ach of the, following groups: (i) homeowners with lots that are less than or equal to fifty (50) feet wide, (ii) homeowners with lots that are grc-atcr than fifty (50) feet wide and lers thant or equal to sixty (60) feet wide, and (iii) homeowners with lots that are gric-ater than -sixty (60) feet wide. The Shell Members shall not be subject to the above -described term limits orelection procedures, but shall serve at the pleaSUre of the Shell Ranch Development Board and Council. |nthe event that the P|Dboard has had significant turnover, such that the requirements outlined above cannot be met, the individuals comprising the board including the designated alternates, may waive the requirements to form a nominating committee and/or appoint individuals to occupy specific positions on the board in order to assure that the business of the Georgetown Village PID may be carried out consistent with Article |, paragraph 1.03. Each board member appointed shall serve until his orher successor shall have been appointed . 2.04—Equal Opportunity. The P|Oisonequal opportunity organization. The organization will not discriminate against any board member, board committee Attachment number z Page om1a member, nominating committee member, or candidate for membership on the basis of race, religion, age, sex national origin, or disability, or in any other manner prohibited by law. 2.O5—Filling ofVacancies. Avacancy occurring inthe board 6»any reason of death, resignation, or removal may be filled: (i) in the case of a GV Member position, by the appropriate alternate, and if none is available, the nominating committee in a special meeting called for such purpose shall select another homeowner from the -appropriate group for ----~ and /ii\ in the case of a Shell Member, by the Shell Ranch Development Board. 2.O6—Resignation nfBoard Members. Any board member may resign from office at any time by delivering a written resignation to the president of the PID, and such resignation shall be effective immediately upon delivery tothe president unless otherwise specified by the requestor. 2.O7—Regular Meetings. (Revised 1Regular meetings of the board may be held at such time and place as shall from time to time be determined b«the board. The regular quarterly meetings ofthe board shall beheld in Febrwarv, Mov, x%wqwstand November, on the third Mmndmvofeach respective month, at p.m., unless another time is set for a particular quarterly meeting by the board. 2.O8—Special Meetings. Special meetings ofthe board may becalled hvthe president and shall be called by the secretary on the written request of two (2) board members. I.OS—QuorunnofMennbers. Atall meetings ofthe board, amajority ofthe members shall constitute a quorum for the transaction of business and the act of a majority of the members present at any meeting at which there is a quorum shall be the act ofthe board. Consistent with Paragraph 2.02, an alternate(s) may accede tothe position of board member for a particular board meeting in the event of a board rnernber'sabsence. Stich action will benoted inthe minutes ofthat particular meeting, 2.lO—Minutes ofMeetings. The board shall keep regular minutes nratape recording of its open meetings and such minutes or tape recording shall be placed in the office ofthe P|D. Anon -board member may act assecretary and record the minutes of the board meetings. 2.11—AdvisoryBoard. The P|O/sboard may from time totime recommend to the Council one or more persons to serve on an Advisory Board pursuant to Texas statutory law and the Petition. The Council shall have final authority toappoint Advisory Board members. Attachment number z Page 4m1a ARTICLE III NOMINATING COMMDTEE—(Revised on ) PU��������S��L|C|TAT|��NS � 3.01 Purpose and Composition. The nominating committee shall make -recommendations to the board of persons to serve as GV Members of the board. The board shall then recommend such persons to the Council. Best efforts shall be used to establish a nominating committee that total no fewer than five (5) members and no chairman of which shall be the vice president of the board. The PID board shall solicit new members via the direct distribution to each eligible resident homeowner, anAPPLICATION TOSERVE ONTHE GEORGETOVVN VILLAGE P|O BOARD. Applications will be reviewed by existing board members and recommendations for new board members will be documented in the meeting minutes. The board shall make selections in accordance with the guidelines of Paragraph 2.04. 3.02 Selection of Nominating Committee Members. The board shall select homeowners in Georgetown Village to serve on the nominating committee. The board shall make its selections in accordance with the guidelines of this Paragraph and Paragraph 2.01. At all times, the nominating committee shall use its bcst cfforts to include at least [two (2)] members from each of the following groups: (i) homeowners with lots that arc less than or equal to fifty (50) feet wide, (ii) homeowners with lots that are, greater than fifty (50) feet wide and less than sixty (60) feet wide, and (iii) homeowners with lots that arc greater than sixty (60) feet wide. 3.03 Procedure and Meetings. The nominating committee shall meet each March and as needed to carry out its function. The vice prcl-idcnt or president of the, PID board or any two (2) nominating committee members may call for a meeting of the, nominating committee. Except as set forth in this Article 111, the nominating committee, shall follow the procedures set out in these Rules for the board, including without lifflitatieR, PFOeedurcs regarding netiGe ef meeting and terms limk&,-4hat apply to GV ARTICLE IV NOTICES, TELEPHONE MEETINGS AND OPEN MEETINGS 4.Ol—Method of Giving Notice. Notice of the meeting, stating the place, day, and hour of the meeting, and in case of a special meeting, the purpose or purposes for which the meeting is called, will be posted pursuant tothe Texas Open Meetings Act. Notice of each meeting of the board must be posted for at least seventy-two (72) hours before the scheduled time of the meeting, except in the case of an emergency, when It Attachment number 2 Page 5 of 13 notice shall be given in accordance with state law. Notice shall be posted in locations required by law. 4.02 — Telephone Meetings. The board and the Advisory Board may not hold a meeting by means of a conference telephone except as permitted under state law. 4.03 — Open Meetings. All meetings shall be open to the public except to the extent permitted by law. The PID shall follow all procedures required by law to be followed with regard to a closed meeting if such closed meeting is permitted. ARTICLE V OFFICERS 5.01— Qualifications. The board shall elect a president, vice-president, treasurer and secretary. The secretary is not required to be a member of the board. Such other officers and assistant officers as the board may deem desirable shall be appointed and removed in such other manner as may be prescribed by the board. The same person may hold any two (2) or more offices. No person may bc appointed to serve as an officer until such person has served on the board for a minimum period of one (1)'ycw. The board shall make its best efforts to appoint individuals to serve as a board officer who have served fora minimum period of one year, however, in the absence of eligible members, the board may waive this requirement. 5.02 — Compensation of Officers. The salaries, if any, of all officers of the PID shall be fixed by the board. The board shall have the power to enter into contracts for the employment and compensation of officers on such terms as the board deems advisable. 5.03 —Term and Vacancies. The officers of the PID shall hold office until their successors are elected or appointed and qualified, or until their death, resignation, or removal from office. The remaining board members may fill any PID office vacancy occurring by reason of death, resignation, removal, or otherwise. 5.04 — Removal of Officers. Any officer elected or appointed by the board may be removed at any time by the board, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or employee shall not of itself create contract rights. Any officer may be removed, either with or without cause, by the board, at any regular or special meeting, or except in the case of an office chosen by the board, by any officer upon whom such power or removal may be conferred by the board. 5.05 — Resignation of Officers. Any officer may resign at any time by giving written notice to the board or to the president of the PID. Any such resignation shall take effect at the date of the receipt of such notice or at any later specified time; and, Item # L Attachment number 2 Page 6 of 13 unless otherwise specified, the acceptance of such resignation shall not be necessary to make it effective. 5.06 — General Authority of Officers. The board, except as otherwise provided in these Rules, may authorized any officer to enter into any contract or execute and deliver any instrument in the name of and on behalf of the PID, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent or employee shall have any power or authority to bind the PID by any contract or engagement or to pledge its credit or to render it liable pecuniarily for any purpose or in any amount. 5.07 — Other Authority and Limitations of Officers. Any officer, acting alone, is authorized to sign any one check or any series of checks for and on behalf of the PID in an amount that does not exceed [$1,000.00]. The following actions shall specifically require the approval of a majority of the board: 1. To borrow money on behalf of the PID and encumber its assets with a mortgage; 2. To sell any real property held in the name of the PID and to execute any deed on behalf of the PID; 3. To execute any lease for premises having a gross rentable square footage of 10,000 or more; and 4. To sign any one check or any series of checks for and on behalf of the PID in an amount equal to or greater than [$1,001.00]. 5.08 — Duties of President. The president shall be the chief executive officer of the PID, shall have general and active management and control of the business and affairs of the PID, and shall see that all order and resolutions of the board are carried into effect. The president may call regular and special meetings of the homeowners and members in accordance with law and these Rules and shall preside at such meetings. The president shall perform such other duties as may be prescribed from time to time by the board. 5.09 — Duties of Vice -President. The vice-president shall, in the absence or disability of the president, perform the duties, have the authority and exercise the powers of the president, The vice-president shall perform such other duties as may by prescribed from time to time by the board or as the president may from time to time delegate. 5.10 — Duties of the Secretary. The secretary shall attend all meetings of the board and of thc homeowner record all business transacted at open meetings in a Item # L Attachment number 2 Page 7 of 13 minute book to be kept for that purpose or make a tape recording of each open meeting. The secretary shall give, or cause to be given, notice of all meetings of the board, and shall perform such other duties as may be prescribed by the board or the president. 5.11— Duties of Treasurer. (a) The treasurer shall endeavor to obtain information from the City's Finance Department, or any successor department thereto, periodically as the board shall require, regarding the collections, disbursements and account balances of the PID, held by the City or Williamson County (the "County"), as applicable. The trctosurer also shall end avor to obtain information regarding the financial conditiongtof the PID from a ett r �. n't Inc' �. c"' w ; to th„ ,,v+. v.+ »rx-r`w"4.'II-4 t' 6 .. °..... (b) To the extend the PID obtains funds from the City or County that the City or County has collected on behalf of the PID, or from any other source, the treasurer shall have custody of the PID's funds and securities, shall keep full and accurate accounts and records of receipts, disbursements, assessments and other transactions in books belonging to the PID, and shall deposit all funds and other valuable effects in the name and to the credit of the PID in such depositories as may be designated by the board. The treasurer shall disburse funds of the PID as may be ordered by the board, taking proper vouchers for such disbursements, and shall render to the president and the board at the regular meetings thereof or whenever the board may require, an account of all of the treasurer's transactions, if any, as treasurer. (c) The treasurer shall perform such other duties and have such other authority as the board may from time to time prescribe or as the president may from time to time delegate. ARTICLE VI OTHER PROVISIONS 6.01— Records. The PID shall keep correct books and records of account, based on the information provided to the PID by the City Finance Department, or any successor department, and Shell Rant wh. The PID shall keep its books and records of account as complete as possible until the PID no longer relies on the City, County, or Shell Ranch to collect and disburse its funds, and pay its expenses; thereafter the PID shall keep its books and record of account complete. The PID shall also keep written minutes or tape recordings of the proceedings of its nominating committee and board, The Pi board {an4 shall keep at its office a list of its homeowners, including the names and addresses of all current homeowners, which list shall be updated periodically at the discretion of the board.] The minutes and tape recordings of Item # L Attachment number z Page om1a meetings shall be available for public inspection and copying upon request to the president of the PID, or the president's designee, to the extent required by law. G.O2—Fiscal Year. The fiscal year ofthe P|Oshall begin onOctober 1and end on September 30, unless otherwise fixed by the City. 6.O3—Indemnification. Tothe extent permitted bvlaw and these Rules, the P|D may indemnify a board member, officer, employee or agent of the PID. A. The P|Omay indemnify aperson who was, is, oristhreatened tobe made a named defendant or respondent in a proceeding because the person is or was a board member of the PID only if it is determined in accordance with Paragraph E of the Section 6.O3that the person: (1) Conducted himself in good faith; /2\ Reasonably believed: (a) |nthe case ofconduct inhis official capacity asaboard member ofthe P|D,that his conduct was inthe P|D'sbest interest; and (b) |nall other cases, that his conduct was atleast not opposed tothe P|Cys best interests; and (3) in the case of any criminal proceeding, had no reasonable cause to believe his conduct was unlawful. B. Except to the extent permitted by Paragraph D of this Section 6.03, a board member may not be indemnified under Paragraph A of this Section in respect of a proceeding; (l) |nwhich the person isfound liable onthe basis that personal benefit was improperly received by him, whether or not the benefit resulted from an action taken inthe person'sofficial capacity; or (2) In which the person is found liable tothe P|O. C. The termination ofaproceeding b«judgment, order, settlement, or convictions, or on a plea ofnP|o contendere or its equivalent is not ofitself determinative that the person did not meet the requirements set forth in Paragraph A ofthis Section 6.O3. Aperson shall bedeemed tohave been found liable inrespect of any claim, issue or matter only after the person shall have been so adjudged by a court ofcompetent jurisdiction after exhaustion ofall appeals there from. Attachment number z Page om1a D. Aperson may beindemnified under Paragraph Aofthis Section 5.O3 against judgments, penalties (including excise and similar taxes), fines, settlements, and reasonable expenses actually incurred by the person in connection with the proceeding; but if the person is found liable to the PID or is found liable on the basis that personal benefit was improperly received bythe person the indemnification: (l) |slimited toreasonable expenses actually incurred bvthe person inconnection with the proceeding; and (3) Shall not bemade inrespect nfany proceeding inwhich the person shall have been found liable for willful or intentional misconduct in the performance of his duty to the P|O, E. A determination of indemnification under Paragraph A of this Section O.O3must bemade: (1) By a majority vote of quorum consisting of board members who atthe time ofthe vote are not named defendants orrespondents inthe proceeding; (2) Bvspecial legal counsel selected 6«the board 6«vote asset forth in subparagraph (1) of this Section 6.03 E., or, if such a quorum cannot be obtained by a majority vote of all board members; or (3) Bvthe homeowners inavote that excludes the vote ofany homeowner who isanamed defendant orrespondent inthe proceeding. F. Authorization ofindemnification and determination asto reasonableness of expenses must be made in the same manner as the determination that indemnification is permissible, except that ifthe determination that indemnification is permissible is made by special legal counsel authorization of indemnification and determination as to reasonableness of expenses must by made in the manner specified by subparagraph (2) of Section 5.03 E. for the selection of special legal counsel. G. The P|Dshall indemnify oboard member against reasonable expenses incurred by him in connection with a proceeding inwhich he is party because heisa board member if he has been wholly successful, on the merits or otherwise, in the defense ofthe proceeding. H. Reasonable expenses incurred b»aboard member who was, is, oris threatened to be made a named defendant or respondent in a proceeding may be paid or reimbursed by the PID, in advance of the final disposition of the proceeding and without any of the determinations specified in Paragraphs E and F of this Section 6.03, Attachment number z Page 1om1a after the P|O receives a written affirmation by the board member ofhis good faith belief that he has met the standard of conduct necessary for indemnification under this Section 6.03 and a written undertaking by or on behalf of the board member to repay the amount paid or reimbursed if it is ultimately determined that he has not met those requirements. i The written undertaking required bvParagraph Hnfthe Section 6.O8 must be an unlimited general obligation of the board member but need not be secured. It may be accepted without reference to financial ability to make repayment. J. Notwithstanding any other provision ofthe Section 6.O],the P|Dmay pay orreimburse expenses incurred by board member in connection with his appearance as a witness or other participation in a proceeding at a time when he is not anamed defendant orrespondent inthe proceeding. K. Anofficer ofthe P|Dshall beindemnified as, and tothe same extent, provided in Paragraph G ofthis Section O.O3for a board member and isentitled toseek indemnification under that paragraph to the same extent as a board member. The P|O may indemnify and advance expenses toanofficer, employee, oragent ofthe P|Dtothe same extent that it may indemnify and advance expenses to board members under this Section 6.03. L. The P|Omay purchase and maintain insurance oranother arrangement on behalf ofany person who is or was a board member, officer, employee or agent of the P|Oagainst any liability asserted against him and incurred by him in such acapadty or arising out of his status as such a person, whether or not the PID would have the power tnindemnify him against that liability under this Section 6.D3. |fthe insurance or other arrangement is with a person or entity that is not regularly engaged in the business of providing insurance coverage, the insurance or arrangement may provide for payment of a liability with respect to which the PID would have the power to indemnify the person only ifincluding coverage for the additional liability has been approved bythe homeowners ofthe P|D. Without limiting the power ofthe P|Dto procure or maintain any kind of insurance or other arrangement, the PID may, for the benefit of persons indemnified by the P|D: (1) Create atrust fund; (2) Establish any form ofse|#nsuronce; (]) Secure its indemnity obligation b«grant ofosecurity interest orother lien onthe assets ofthe P|O;or (4) Establish a letter of credit, guaranty, or surety arrangement. Attachment number z Page 11 of 13 The insurance or other arrangement may be procured, maintained, or established with the PID or with any insurer or other person deemed appropriate by the board regardless of whether all or part of the stock or other securities of the insurer or other person are owned inwhole orpart bythe P|U. |nthe absence offraud, the judgment ofthe board as to the terms and conditions of the insurance or other arrangement and the identify of the insurer nrother person participating in a arrangement shall be conclusive and the insurance or arrangement shall not be voidable and shall not subject the board members approving the insurance or arrangement to liability, on any ground, regardless of whether board members participating in the approval are beneficiaries of the insurance orarrangement. M. Any indemnification oforadvance ofexpenses toaboard member in accordance with this Section 6.03 shall be reported in writing to the homeowners with or before the notice or waiver of notice of the next homeowners' meeting or with or before the next submission to homeowners of a consent to action without a meeting and, in any case, within the 12'nnonth period immediately following the date of indemnification oradvance. N. As used in these Rules, the following terms have the meanings set forth below: (1) 'Board Member' means any person who is or was a board member of the PID and any person who, while a board member of the PID, is or was serving at the request of the PID as a director, officer, partner, venturer, proprietor, trustee, employee, agent, or similar functionary of another PID or foreign or domestic corporation, partnership, jointventure, sole proprietorship, trust, or other enterprise. (2) 'Expenses include court costs and attorneys' fees. (3) 'Official capacity' means: (a) when used with respect toaboard member, the office ofboard member inthe P|O,and; (b)when used with respect toaperson other than aboard member, the elective or appointive office in the PID held by the officer or the employment or agency relationship undertaken by the employee or agent in behalf of the P|O but in each case does not include service for any other enterprise. (4) 'Pnoceedin»/means any threatened, pending, orcompleted action, suit, orproceeding, whether civil, criminal, administrative, arbitrative, or investigative, any appeal in such an action, suit, or proceeding, and any inquiry or investigation that could lead tosuch an action, suit, or proceeding. Attachment number 2 Page 12 of 13 6.04 — Other Indemnification. The foregoing rights of indemnification and reimbursement shall not be exclusive of any other right to which any such person may be entitled by law, agreement or otherwise. 6.05 —Transactions Between the PID and Certain Parties. With respect to any contract or other transaction between the PID and any of its board members, officers, nominating committee members, or homeowners, or any firm in which any of them are directly or indirectly interested, if: (1) the material facts of the relationship or interest of each such board member, officer, nominating committee member or homeowner are known or disclosed to the board and it nevertheless authorizes or ratifies the contract or transaction by a majority of the board members present each such interested board member to be counted in determining whether a quorum is present but not in calculating the majority necessary to carry the vote; or (2) the contract or transaction is fair to the PID as of the time it is authorized or ratified by the board; then such contract or transaction shall not be invalid solely because of such relationship or because of the presence of the board member, officer or homeowner at the meeting authorizing the contract or transaction, or his or her participation or vote in the meeting or authorization. This section shall not be construed to invalidate a contract or transaction which would be valid in the absence of this section. ARTICLE VII AMENDMENT AND CONSTRUCTION 7.01— Amendment. The board shall have the power to alter, amend, or repeal these Rules to the extent that such alteration or repeal does not conflict with the Creation Documents or law. 7.02 — Severability. If any portion of these Rules shall be invalid or inoperative, then, so far as is reasonable, the remainder of these Rules shall be considered valid and operative and effect shall be given to the intent manifested by the portion held invalid or inoperative. Item # L Attachment number z Page 1om1a I hereby certify that the above and foregoing Rules of the PID were adopted as the initial revised Rules ofthe P|Dbyaction ofits board. Date APPROVED: (Insert name), President (Insert nanne),Vice-President City of Georgetown, Texas August 11, 2009 SUBJECT: Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including this week's agenda items 2. Mark Shelton v. City of Georgetown, et al;Cause No. AO7CA063; in the United States District Court for the Western District of Texas, Austin Division 3. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary Cover Memo Item # M City of Georgetown, Texas August 11, 2009 SUBJECT: Sec. 551.074 Personnel Matters - Discussion of the goal setting criteria of the City Manager ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary Cover Memo Item # N