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R-03-02-27-9H2 - 2/27/2003Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nuse City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. March 11, 2003 Mr. Brunner Grau Project Manager Freese and Nichols, Inc. 10814 Jollyville Rd., Bldg. 4, Suite 100 Austin, TX 78759 Dear Mr. Grau: The Round Rock City Council approved Resolution No. R- 03- 02 -27- 9H2 at their regularly scheduled meeting on February 27, 2003. This resolution approves the agreement for Engineering Services for preliminary schematic design services for improvements to Ledbetter Street. Enclosed is a copy of the resolutions and original agreement for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -5562. Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept . 221 East Main Street • Round Rock, Texas 78664 Phone 512.218 5400 • Fax 512 218 7097 • www ci round - rock.tx us RESOLUTION NO. R- 03- 02- 27 -9H2 WHEREAS, the City of Round Rock desires to retain engineering services for preliminary schematic design services for improvements to Ledbetter Street, and WHEREAS, Freese and Nichols, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Freese and Nichols, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as ded. RESOLVED this 27th day of February, "003 NY A J T: City CHRI STINE R. MAR EZ, Cit y Secre ry OA,,dox \RESOLUTI \A10227H2 WPU /uc EL , May Round Rock, Texas ROUND ROCK, TEXAS NIwom Waimmost m THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH FREESE AND NICHOLS, INC., FOR LEDBETTER STREET IMPROVEMENTS THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 27` day of the month of February , 2003, by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City "), and Freese and Nichols, Inc.. whose principal place of business is located at 10814 Jollyville Road, Building 4, Suite 100, Austin, Texas, 78759 (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. NOW, THEREFORE, WITNESSETH: RECITALS Contract No. WHEREAS, V.T.C.A., Govemment Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 30 day of the month of September, 2004 unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Ninety -five Thousand, eight hundred eighty -six dollars and thirteen cents ($95, 886.13) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Bill Stablein Transp Engr Assoc /Construction Coordinator 2008 Enterprise Drive Round Rock, Texas (512) 218 -5562 (512) 218 -3242 4 [Name] [Title] [Address] [City, State, Zip] [Telephone Number] [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Brunner Grau [Name] Project Manager [Title] 10814 Jollyville Rd, Bldg 4, Suite 100 [Address] Austin, Texas 78759 [City, State, Zip] (512) 451 -7955 [Telephone Number] (512) 451 -7956 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by Engineer's Contract - revised 10- 2002/specs master 5 agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." 6 Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she/it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he/she/it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, Engineer's Contract- revised 10- 2002/specs master 7 then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 8 Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. Engineer's Contract- revised 10- 2002/spccs master 9 ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or con resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he/she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, 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. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional 10 policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 3. The Tenn "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be home solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit " " herein entitled "Certificates." Engineer's Contract- revised 10- 2002/specs master 11 ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for govemmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 12 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: ATTN: Brunner Grau Freese and Nichols, Inc. 10814 Jollvville Rd, Bldg 4, Suite 100 Austin, Texas 78759 ARTICLE 33 GENERAL PROVISIONS 13 Engineer's Contract - revised I0- 2002/specs master (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the27' day of the month of February 2003, and Engineer, Freese and Nichols, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By: City Secretary ENGINEER: By: Si f/ re of Principal, P ted Name: , n i XitV ATTEST: Corporate Secretary ARTICLE 34 SIGNATORY WARRANTY 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract - revised 10- 2002/spccs master 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK 1. Designate in writing a person to act as the City's representative with respect to the services to be rendered under this Agreement. Such person will have contract authority to transmit instructions, receive information, interpret, and define the City's policies and decisions with respect to Freese and Nichols' services for the Project. 2. Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, performance requirements, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the plans and specifications. 3. Assist Freese and Nichols, Inc., by providing all available information pertinent to the Project including previous reports, record drawings, utility information, geotechnical investigations, pavement structure design and any other data relative to the Project. 4. Arrange for access to and make all provisions for Freese and Nichols, Inc., to enter upon public and private property as required for Freese and Nichols, Inc., and its designated representatives to perform services under this Agreement. 5. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Freese and Nichols, Inc. Obtain advice of an attorney, insurance counselor, and other consultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Freese and Nichols, Inc. 6. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the City may require or Freese and Nichols, Inc., may reasonably request with regard to legal issues pertaining to the Project. 7. The City will perform all notification of public meetings. 8. The City will provide information for the preparation of `Record Drawings" for Freese and Nichols, Inc., to produce. 16 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER Freese and Nichols, Inc., will render the following professional services in connection with the development of the project: Preliminary Design Phase Services Freese and Nichols, Inc., will prepare a Design Criteria Report containing the following information: 1. A summary of the design parameters proposed for the project. 2. Schematic drawings showing the proposed horizontal and vertical alignments. 3. Preliminary drainage design information. 4. Preliminary property survey information. 5. Existing utility lines along the project alignment. 6. Environmental criteria and identification of permitting requirements. 7. Preliminary project schedule which will include milestone and delivery dates for plan reviews and final plans. 8. An opinion of the probable construction cost. Final Design Phase Services Freese and Nichols, Inc., will prepare final design drawings and contract documents which will include standard and special project notes, standard and special details, erosion and sedimentation control, grading, paving, and drainage improvements. We will also develop the project manual containing the City's standard contract documents with City of Austin Standard Technical Specifications, and any special provisions and/or special specifications required. Hydrology and Hydraulics Freese and Nichols, Inc., will use the City's criteria in designing the drainage improvements for the project. Overland flow will be maintained with the design improvements. Specific task will include: Public Meetings Freese and Nichols, Inc. will assist the City with three (3) public meetings. We suggest that they be held at the following times: 1. Initial meeting — prior to start of surveying. 2. Progress meeting — near the conclusion of final design, and 3. Construction meeting — to be held just prior to the start of construction to provide the schedule for construction, to answer questions, and to provide contact information for future questions and/or information. For these meetings, Freese and Nichols, Inc., will provide: 1. Information for notification of meetings. Engineer's Contract-revised 10- 2002/specs master 17 2. Attendance and participation in meetings. 3. Graphics and presentation materials. 4. Suggestion/comment sheet for meeting attendees. Throughout Freese and Nichols' involvement in the project, FNI will: 1. Attend regular design coordination meetings. 2. Submit progress reports to the Owner on a weekly basis. 3. Update the opinion of probable construction costs, as well as the project schedule, at the 10 %, 60 %, 90% milestone dates. (10% = completion of Preliminary Design Phase Services. 60% = horizontal and vertical alignment plotted on drawings, incorporation of environmental information into the design, drainage design, standard general notes, standard details, identification of permitting requirements. 90% = incorporation of review comments from 60% review, drainage calculations, special notes, special details, application documents for permits, standard and special specifications, quantities.) 4. Perform constructability review of 90% drawings. 5. Perform quality assurance/quality control at the 10% and 90% design completion milestones. Bid Phase Services During the Bid Phase of the project, FNI will: 1. Assist with the issuance of bidding documents. 2. Assist and attend the pre -bid conference. 3. Prepare and assist in issuance of addenda. 4. Attend bid opening. 5. Prepare recommendation of most responsive bidder. 6. Assist and attend pre - construction conference. Subconsultant Services Environmental Studies Freese and Nichols, Inc., will utilize the services of Hill Country Environmental, Inc. (HCE) to identify flora and fauna and other environmental features in the area affected by the project and prepare an Environmental Assessment Report. HCE will also identify and coordinate all permits associated with the improvements. Subsurface Utility Engineering (SUE) We will utilize the services of Surveying and Mapping, Inc. (SAM) to accurately determine the type, size, and location of existing underground utility lines along and crossing the project site. SAM will provide levels D and C SUE service. Survey We will also utilize the services of SAM to provide a topographic survey for the project design and to set two (2) points for horizontal and vertical control for construction. They will also perform surveys and research necessary for their preparation of the final plat for the area. 18 Right -of -Way Freese and Nichols will utilize the services of Southwest Strategies Group to work with the property owners regarding the dedication of the rights -of -way necessary for constructing the street and any other necessary easements. Time of Completion Freese and Nichols, Inc., is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services m accordance with the following schedule: 1. Submit subconsultant contracts within one (1) week of obtaining notice to proceed. 2. Have subconsultant contracts executed and notice to proceed within two (2) weeks of submittal to the subs. 3. Provide five (5) copies of the Design Criteria Report (10% complete plans) to the City by the end of Week 11. 4. Assuming a two week City review time, provide five (5) copies of 60% design complete drawings to the City for review by the end of Week 17. 5. Assuming a two week City review time, provide five (5) copies of 90% design complete drawings and specifications to the City for review by the end of Week 22. 6. Assuming a two week City review time, provide thirty-five (35) sets of 100% plans and specifications to the City for review by the end of Week 26. If Freese and Nichols' services are delayed through no fault of Freese and Nichols, Freese and Nichols shall be entitled to equitable adjustment of compensation and Freese and Nichols shall be entitled to adjust contract schedule consistent with the number of days of delay. A preliminary schedule is attached for review and information. Additional Services The following items were not included in the cost proposal presented: 1. Cost associated with environmental investigation should karsts features be discovered. 2. Cost associated with the application for permits and permit fees. 3. Landscape design. 4. Roadway lighting design. 5. Geotechnical investigation. 6. Archeological investigation. 7. Construction phase services (including review of shop drawings, contractor submittals, periodic site visits or inspections, final inspection). 8. Preparation for court or hearings. 9: Expert witness. Eng peer's Contract- revised 10- 2002/specs master 19 EXHIBIT C City of Round Rock - Ledbetter Street Improvements Project Schedule Award of contract by City Council February 27, 2003 Execution of contract by City and Freese and Nichols March 3 — 7 Notice to proceed March 10 Preliminary information - 10% design complete May 30 City review June 2 — 13 60% design complete July 11 City review July 14 — 25 Subdivision platting July 14 — October 10 90% design complete August 15 City review August 18 - 29 100% plans and specifications September 12 Agency permitting August 15 — October 3 Bid / Award Phase September 14 — November 7 Construction Phase November 10, 2003 — April 31, 2004 C: \7EMP\Schedule Narralive.doc BASIC SERVICES FEE DEVELOPMENT: FNI Total Direct Labor Cost $38,940.00 FNI Expenses: Direct Expenses Printing / Plotting $250.00 Mileage and Parking $75.00 Computer $1,000.00 Total FNI Expenses $1,325.00 Subconsultant Cost: Fugro - BRE, Inc. $0.00 Hill Country Environmental, Inc. Southwest Strategies Group $6,530.00 $10,500.00 Surveying and Mapping, Inc. SUE $5,300.00 Surveying and Mapping, Inc. Surveying $30,642.50 Subconsultant Total Expenses $52,972.50 FNI Admin. Mark Up - 5% $2,648.63 MAXIMUM NOT -TO- EXCEED AMOUNT $95,886.13 FNI Total: $42,913.63 44.75% Subcontract Total: $52,972.50 55.25% EXHIBIT D City of Round Rock Ledbetter Street Improvements Summary of Basic Services M: Round Rock - Ledbetter Street\Scope of Services Revised 02- 05- 03.xls 02/05/03 City of Round Rock Ledbetter Street Improvements Freese and Nichols Basic Services and Costs M: \Round Rock - Ledbetter Street \Scope of Services Revised 02- 05- 03.xls 1 02/05/03 $145.00 $120.00 $100.00 $75.00 $50.00 Design Element Task s.moHl Office Manager s.jnoHl Engineer VI sanoI Engineer IV 1 sinoH Technicia n 5Jn0H Word Processing Project Management Execute contract with subs 1 $145.00 4 $480.00 Monitor design activities of subs and design staff 8 $960.00 Monitor schedule and budgets 8 $960.00 Weekly reports 8 $960.00 Coordinate / attend meetings with subs and with City staff 4 4 4 $480.00 $480.00 $480.00 4 4 4 $400.00 $400.00 $400.00 Coordinate / conduct neighborhood meetings Attend pre -bid conference Prepare and issue addenda 2 $240.00 4 $400.00 Prepare recommendation of selected bidder 1 $120.00 6 $600.00 Attend pre - construction conference 4 $480.00 4 $400.00 Ensure QA / QC performed at appropriate times TINT $145.00 1 $120.00 0 $0.00 Project Management Total $290.00 48 $5,760.00 26 $2,600.00 0 $0.00 0 $0.00 Total Hours 74 Total Cost $8,650.00 Drainage Design Determine / review Round Rock drainage criteria 8 $800.00 Determine drainage areas 8 $800.00 Design drainage system 4 $480.00 40 $4,000.00 Determine easement needs 4 $400.00 Drainage Design Total 4 $480.00 60 $6,000.00 0 $0.00 0 $0.00 Total Hours 64 Total Cost $6,480.00 City of Round Rock Ledbetter Street Improvements Freese and Nichols Basic Services and Costs M: \Round Rock - Ledbetter Street \Scope of Services Revised 02- 05- 03.xls 1 02/05/03 Design Element Task sinoill Office Manager 1 s noHl Engineer VI I sJnoH Engineer IV I sanoH Technicla n I sinotil Word Processing Street Design Obtain from City design / drafting / plan requirements 0 $0.00 0 $0.00 4 $400.00 $0.00 $0.00 Receive survey / plot 0 • $0.00 0 $0.00 2 $200.00 6 $450.00 $0.00 Obtain utility location information / plot 0 $0.00 0 $0.00 1 $100.00 4 $300.00 $0.00 Development street alignment 0 $0.00 0 $0.00 16 $1,600.00 4 $300.00 $0.00 Obtain City approval of street alignment 0 $0.00 0 $0.00 4 $400.00 $0.00 $0.00 Develop plan and profile sheets 0 $0.00 0 $0.00 40 $4,000.00 20 $1,500.00 $0.00 Develop graphic designs for neighborhood presentation 0 $0.00 0 $0.00 2 $200.00 2 $150.00 $0.00 Gather /write specifications 0 $0.00 0 $0.00 12 $1,20.00 $0.00 4 $200.00 Prepare construction cost estimates 0 $0.00 0 $0.00 8 $800.00 $0.00 $0.00 Reproduce drawings for review 0 $0.00 0 $0.00 $0.00 4 $300.00 $0.00 QA /QC 1 $145.00 8 $960.00 1 $100.00 $0.00 $0.00 Reproduce drawings for distribution to bidders 0 $0.00 0 $0.00 $0.00 4 $300.00 $0.00 Street Design Total 1 $145.00 8 $960.00 90 $9,000.00 44 $3,300.001 4 $200.00 Total Hours 146 Total Cost $13,605.00 Water Line Design Determine Round Rock criteria for water line design 0 $0.00 $0.00 4 $400.00 $0.00 $0.00 Gather information on existing water lines in area $0.00 $0.00 4 $400.00 $0.00 $0.00 Determine if the line can be looped or if it will be a dead end line $0.00 $0.00 8 $800.00 $0.00 $0.00 Determine water system needs $0.00 $0.00 4 $400.00 $0.00 $0.00 Establish alignment and check with SUE for possible conflicts $0.00 $0.00 8 $800.00 $0.00 $0.00 Prepare plan and profile sheets $0.00 $0.00 20 $2,000.00 20 $1,500.00 $0.00 Submit for review $0.00 $0.00 4 $400.00 $0.00 $0.00 Incorporate review comments $0.00 $0.00 8 $800.00 4 $300.00 $0.00 Specifications $0.00 $0.00 8 $800.00 0 $0.00 4 $200.00 QA /QC 1 $145.00 8 $960.00 1 $100.00 $0.00 $0.00 Sign and seal 0 $0.00 $0.00 2 $200.00 $0.00 $0.00 1 $145.00 8 $960.00 71 $7,100.00 24 $1,800.00 4 $200.00 Total Hours 107 Total Cost $10,205.00 Grand Total Hours 391 Grand Total Cost $38,940.00 City of Round Rock Ledbetter Street Improvements Freese and Nichols Basic Services and Costs M: \Round Rock - Ledbetter Street \Scope of Services Revised 02- 05- 03.xls 2 02/05/03 Hill Country Environmental. Inc Environmental 1 Permitting Site Reconnaissance $740.00 Gathering / Review of Environmental Databases $850.00 Mapping Potential Environmental Constraints $1,250.00 Coordination with Regulator Agencies $930.00 Notification and Permits to Regularoty Agencies $930.00 Prepare Environmetnal Assessment Documentation $1,670.00 Expenses $160.00 Environmental /Permitting Total $6,530.00 Southwest Strategies Group Right of Way Acquisition , Coordinate title run and appraisal Review title, survey, environmental, and appraisal Meet with owner to negotiate sale Submit closing package to funding agency Coordinate closing Right of Way Acquisition Total $10,500.00 Surveying and Mapping, Inc. - Subsurface Utility Engineering Utility record research (Level D) Utility surface feature field survey (Level C) Subsurface Utility Engineering Total $5,300.00 Surveying Boundary survey and control Design survey Platting Surveying Total $30,642.50 EXHIBIT D City of Round Rock Ledbetter Street Improvements Subconsultant Tasks and Costs M:1Round Rock - Ledbetter Street\Scope of Services Revised 02- 05- 03.xls 02/05/03 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Wm. Rigg Co. 777 Main St #C -50 Ft Worth Tx 76102 INSURED Freese It Nichols, Inc. 40.55 International Plaza Suite #200 Ft Worth Tx 76109 -4895 Date2 -11-03 COMPANIES AFFORDING COVERAE A HARTFORD CAS INS CO E TWIN CITY EIRE C HARTFORD UNDERWRITERS D CONTINENTAL CAS THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard polities used by the companies, and further hereinafter descried. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EF,FECTI'IrE EXPIRATION LTIO NUMBER DATE DATE A GENERAL LIABIt1TY 46UUMUX9972 10-23-02 10-2303 DESCRIPTION OP OPERATIONSILOCATIONsivu CLES!SPECIALli'ETismxCEPTIONS Cat of laser pro11 ZO'd 6I:6 £OOZ II clad EXHIBIT - Revised 10/202 LIMITS GENERAL AGGREGATE S 2,000,000 PRODUCISSCOMP /OP AGG. 3 2,000,003 PERSONAL &ADV. INJURY 0 1,000,000 EACH OCCDRR1 01,000,000 FIRE DAMAGE (Any one fire) S MID EXPENSE (Am ( oneperson)$ B AUTOMOBILE LIABILITY 46UENUY0782 10-23-02 10.23-03 COMBINED SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) S BODtLY1ruURY Ter accident) $ PROPERTY DAMAGE $ A EXCESS11ABa.zTY 467GIUUx9399 10 -2342 10.23-03 EACH OCCURRENCE $ 10,00,000 AGGREGATE 310.000.00 WORKERS' COMPENSATION AND EMPLOYERS' LABILITY STATUTORY Lm3rrs $ 500,000 C W0160F4075 10 - 23 - 02 10.2303 EACH ACCIDENT f 500,000 DISEASE - POLICY LIMIT $ 300,00 DISEASE - EACH EMPLOYEE 9 PROFESSIONAL LIABILITY D AEA003214422 12.30-01 12 -30.04 33,000,000 PER CLAIM 310,000,00 PER AGGREGATE, 3400,00 DROUCTIBLE The City of Round Rock is named as additional insured with respect to all policies except Workers' Compeasatiou and Employers' Llabiliry and ProtessiO4al Ilabilsy. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the 00016cah: hcldcr named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main street Rormd Rock, Texas 78664 SIONNATTUURE OF AUTHORIZED REPRESENTATIVE Typed Name: CAROL NOONE Title VICE PRESIDENT JTR:XE4 cnry Len DATE: February 21, 2003 SUBJECT: City Council Meeting — February 27, 2003 ITEM: 9.H.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Freese and Nichols, Inc. for preliminary schematic design services for improvements to Ledbetter Street. Resource: Tom Word, Director of Transportation Bill Stablein, Construction Coordinator History: The City is developing a project to rebuild and widen Ledbetter Street. Freese and Nichols, Inc., will prepare design schematic and construction plans for the Ledbetter Street project. Funding: Cost: $95,886.13 Source of funds: Capital Project Funds - 2001 GO Bonds Outside Resources: Freese and Nichols, Inc. Impact/Benefit: This project was will provide for a design that in the future will give much needed improvements to Ledbetter Street. Public Comment: N/A Sponsor: N/A ROUND ROCK, TEXAS puxrose msswn pnomwrc THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH FREESE AND NICHOLS, INC.. FOR LEDBETTER STREET IMPROVEMENTS § RECITALS Contract No. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 27 day of the month of February , 2003 by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City "), and Freese and Nichols, Inc., whose principal place of business is located at 10814 Jollvville Road, Building 4, Suite 100, Austin, Texas, 78759, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. CONTRACT DOCUMENTS 1 ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 30`" day of the month of September 2004 unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Ninety -five Thousand, eight hundred eighty -six dollars and thirteen cents ($95, 886.13) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Bill Stablein Transp Engr Assoc /Construction Coordinator 2008 Enterprise Drive Round Rock, Texas (512) 218-5562 (512) 218-3242 4 [Name] [Title] [Address] [City, State, Zip] [Telephone Number] [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Brunner Grau [Name] Project Manager [Title] 10814 Jollyville Rd, Bldg 4, Suite 100 [Address] Austin, Texas 78759 [City, State, Zip] (512) 451 -7955 [Telephone Number] (512) 451 -7956 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by Engineer's Contract- revised 10- 2002/specs master 5 agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice maybe waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she/it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." 6 Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, Engineer's Contract- revised 10- 2002/specs master 7 then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 8 Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. Engineer's Contract - revised 10- 2002/specs master 9 ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, 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. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional 10 policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 3. The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit " " herein entitled "Certificates." Engineer's Contract- revised 10- 2002/specs master 11 ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 12 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: ATTN: Brunner Grau Freese and Nichols, Inc. 10814 Jollvville Rd, Bldg 4, Suite 100 Austin, Texas 78759 Engineer's Contract - revised 10- 2002/specs master ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 13 The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. '- O3-O-)- P-03-Cgcry-Livili, approved by the City Council on the2? day of the month of SFebruary 2003, and Engineer, Freese and Nichols, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXA By: By: By: ATTEST: City Secretary ENGINEER: By: Si a•F` a of Principal, P nted Name: ,Ao n R X / ATTEST: Corporate Secretary ARTICLE 34 SIGNATORY WARRANTY 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract- revised I0- 2002/specs master 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK 1. Designate in writing a person to act as the City's representative with respect to the services to be rendered under this Agreement. Such person will have contract authority to transmit instructions, receive information, interpret, and define the City's policies and decisions with respect to Freese and Nichols' services for the Project. 2. Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, performance requirements, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the plans and specifications. 3. Assist Freese and Nichols, Inc., by providing all available information pertinent to the Project including previous reports, record drawings, utility information, geotechnical investigations, pavement structure design and any other data relative to the Project. 4. Arrange for access to and make all provisions for Freese and Nichols, Inc., to enter upon public and private property as required for Freese and Nichols, Inc., and its designated representatives to perform services under this Agreement. 5. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Freese and Nichols, Inc. Obtain advice of an attorney, insurance counselor, and other consultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Freese and Nichols, Inc. 6. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the City may require or Freese and Nichols, Inc., may reasonably request with regard to legal issues pertaining to the Project. 7. The City will perform all notification of public meetings. 8. The City will provide information for the preparation of "Record Drawings" for Freese and Nichols, Inc., to produce. 16 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER Freese and Nichols, Inc., will render the following professional services in connection with the development of the project: Preliminary Design Phase Services Freese and Nichols, Inc., will prepare a Design Criteria Report containing the following information: 1. A summary of the design parameters proposed for the project. 2. Schematic drawings showing the proposed horizontal and vertical alignments. 3. Preliminary drainage design information. 4. Preliminary property survey information. 5. Existing utility lines along the project alignment. 6. Environmental criteria and identification of permitting requirements. 7. Preliminary project schedule which will include milestone and delivery dates for plan reviews and final plans. 8. An opinion of the probable construction cost. Final Design Phase Services Freese and Nichols, Inc., will prepare final design drawings and contract documents which will include standard and special project notes, standard and special details, erosion and sedimentation control, grading, paving, and drainage improvements. We will also develop the project manual containing the City's standard contract documents with City of Austin Standard Technical Specifications, and any special provisions and/or special specifications required. Hydrology and Hydraulics Freese and Nichols, Inc., will use the City's criteria in designing the drainage improvements for the project. Overland flow will be maintained with the design improvements. Specific task will include: Public Meetings Freese and Nichols, Inc. will assist the City with three (3) public meetings. We suggest that they be held at the following times: 1. Initial meeting — prior to start of surveying. 2. Progress meeting — near the conclusion of final design, and 3. Construction meeting — to be held just prior to the start of construction to provide the schedule for construction, to answer questions, and to provide contact information for future questions and/or information. For these meetings, Freese and Nichols, Inc., will provide: 1. Information for notification of meetings. Engineer's Contract - revised 10.2002 /specs master 17 2. Attendance and participation in meetings. 3. Graphics and presentation materials. 4. Suggestion/comment sheet for meeting attendees. Throughout Freese and Nichols' involvement in the project, FNI will: 1. Attend regular design coordination meetings. 2. Submit progress reports to the Owner on a weekly basis. 3. Update the opinion of probable construction costs, as well as the project schedule, at the 10 %, 60 %, 90% milestone dates. (10% = completion of Preliminary Design Phase Services. 60% = horizontal and vertical alignment plotted on drawings, incorporation of environmental information into the design, drainage design, standard general notes, standard details, identification of permitting requirements. 90% = incorporation of review comments from 60% review, drainage calculations, special notes, special details, application documents for permits, standard and special specifications, quantities.) 4. Perform constructability review of 90% drawings. 5. Perform quality assurance /quality control at the 10% and 90% design completion milestones. Bid Phase Services During the Bid Phase of the project, FNI will: • 1. Assist with the issuance of bidding documents. 2. Assist and attend the pre -bid conference. 3. Prepare and assist in issuance of addenda. 4. Attend bid opening. 5. Prepare recommendation of most responsive bidder. 6. Assist and attend pre - construction conference. Subconsultant Services Environmental Studies Freese and Nichols, Inc., will utilize the services of Hill Country Environmental, Inc. (HCE) to identify flora and fauna and other environmental features in the area affected by the project and prepare an Environmental Assessment Report. HCE will also identify and coordinate all permits associated with the improvements. Subsurface Utility Engineering (SUE) We will utilize the services of Surveying and Mapping, Inc. (SAM) to accurately determine the type, size, and location of existing underground utility lines along and crossing the project site. SAM will provide levels D and C SUE service. Survey We will also utilize the services of SAM to provide a topographic survey for the project design and to set two (2) points for horizontal and vertical control for construction. They will also perform surveys and research necessary for their preparation of the final plat for the area. 18 Right -of -Way Freese and Nichols will utilize the services of Southwest Strategies Group to work with the property owners regarding the dedication of the rights -of -way necessary for constructing the street and any other necessary easements. Time of Completion Freese and Nichols, Inc., is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: 1. Submit subconsultant contracts within one (1) week of obtaining notice to proceed. 2. Have subconsultant contracts executed and notice to proceed within two (2) weeks of submittal to the subs. 3. Provide five (5) copies of the Design Criteria Report (10% complete plans) to the City by the end of Week 11. 4. Assuming a two week City review time, provide five (5) copies of 60% design complete drawings to the City for review by the end of Week 17. 5. Assuming a two week City review time, provide five (5) copies of 90% design complete drawings and specifications to the City for review by the end of Week 22. 6. Assuming a two week City review time, provide thirty -five (35) sets of 100% plans and specifications to the City for review by the end of Week 26. If Freese and Nichols' services are delayed through no fault of Freese and Nichols, Freese and Nichols shall be entitled to equitable adjustment of compensation and Freese and Nichols shall be entitled to adjust contract schedule consistent with the number of days of delay. A preliminary schedule is attached for review and information. Additional Services The following items were not included in the cost proposal presented: 1. Cost associated with environmental investigation should karsts features be discovered. 2. Cost associated with the application for permits and permit fees. 3. Landscape design. 4. Roadway lighting design. 5. Geotechnical investigation. 6. Archeological investigation. 7. Construction phase services (including review of shop drawings, contractor submittals, periodic site visits or inspections, final inspection). 8. Preparation for court or hearings. 9. Expert witness. Engineer's Contract-revised 10- 2002/specs master 19 EXHIBIT C City of Round Rock - Ledbetter Street Improvements Project Schedule Award of contract by City Council February 27, 2003 Execution of contract by City and Freese and Nichols March 3 — 7 Notice to proceed March 10 Preliminary information - 10% design complete May 30 City review June 2 — 13 60% design complete July 11 City review July 14 — 25 Subdivision platting July 14 — October 10 90% design complete August 15 City review August 18 - 29 100% plans and specifications September 12 Agency permitting August 15 — October 3 Bid / Award Phase September 14 — November 7 Construction Phase November 10, 2003 — April 31, 2004 RA@cfronkTrojectA edbetterlSchedule Narrative doc BASIC SERVICES FEE DEVELOPMENT: 1 FNI Total Direct Labor Cost $38,940.00 FNI Expenses: Direct Expenses Printing / Plotting $250.00 Mileage and Parking $75.00 $1,000.00 Computer Total FNI Expenses $1,325.00 _ Subconsultant Cost: Fugro - BRE, Inc. $0.00 Hill Country Environmental, Inc. $6,530.00 Southwest Strategies Group $10,500.00 Surveying and Mapping, Inc. SUE $5,300.00 Surveying and Mapping, Inc. Surveying $30,642.50 Subconsultant Total Expenses FNI Admin. Mark Up - 5% 1 $52,972.50 $2,648.63 MAXIMUM NOT -TO- EXCEED AMOUNT $95,886.13 FNI Total: $42,913.63 44.75% Subcontract Total: $52,972.50 55.25% M:IRound Rock - Ledbetter Street\Scope of Services Revised 02- 05- 03.xls EXHIBIT D City of Round Rock Ledbetter Street Improvements Summary of Basic Services 02/05/03 /EXHIBIT'D7 City of Round Rock Ledbeffer Street Improvements Freese and Nichols Basic Services and Costs M:1Round Rock - Ledbetter Street\Scope of Services Revised 02- 05- 03.xls 1' 02/05/03 $145.00 $120.00 $100.00 $75.00 $50.00 Design Element Task sJno Office Manager sJnoI Engineer VI s.ino Engineer IV sJnoHl Technicia n sinoI Word Processing Project Management Execute contract with subs 1 $145.00 4 $480.00 Monitor design activities of subs and design staff 8 $960.00 Monitor schedule and budgets 8 $960.00 Weekly reports 8 $960.00 Coordinate / attend meetings with subs and with City staff 4 4 $480.00 $480.00 4 4 _ $400.00 $400.00 Coordinate / conduct neighborhood meetings Attend pre -bid conference 4 $480.00 4 $400.00 Prepare and issue addenda 2 $240.00 4 $400.00 Prepare recommendation of selected bidder 1 $120.00 6 $600.00 Attend pre- construction conference 4 $480.00 4 $400.00 Ensure QA / QC performed at appropriate times 1 $145.00 1 $120.00 0 $0.00 Project Management Total 2 $290.00 48 $5,760.00 26 $2,600.00 0 $0.00 0 $0.00 Total Hours 74 Total Cost 38,650.00 Drainage Design Determine / review Round Rock drainage criteria 8 $800.00 Determine drainage areas 8 $800.00 Design drainage system 4 $480.00 40 $4,000.00 Determine easement needs 4 $400.00 Drainage Design Total 4 $480.00 60 $6,000.00 0 $0.00 Total Hours 0 $0.00 64 Total Cost $6,480.00 /EXHIBIT'D7 City of Round Rock Ledbeffer Street Improvements Freese and Nichols Basic Services and Costs M:1Round Rock - Ledbetter Street\Scope of Services Revised 02- 05- 03.xls 1' 02/05/03 Design Element Task smoHl Office Manager 1 sJ noi Engineer VI 1 sinoi Engineer IV 1 sanoi Technicia n 1 sm oil Word Processing Street Design Obtain from City design / drafting / plan requirements 0 $0.00 0 $0.00 4 $400.00 $0.00 $0.00 Receive survey / plot 0 $0.00 0 $0.00 2 $200.00 6 $450.00 $0.00 Obtain utility location information / plot Development street alignment 0 0 $0.00 $0.00 0 0 $0.00 $0.00 1 16 $100.00 $1,600.00 4 4 $300.00 $300.00 $0.00 $0.00 Obtain City approval of street alignment 0 $0.00 0 $0.00 4 $400.00 $0.00 $0.00 Develop plan and profile sheets 0 $0.00 0 $0.00 40 $4,000.00 20 $1,500.00 $0.00 Develop graphic designs for neighborhood presentation 0 $0.00 0 $0.00 2 $200.00 2 $150.00 $0.00 Gather/ write specifications 0 0 $0.00 $0.00 0 0 $0.00 $0.00 12 8 $1,200.00 $800.00 $0.00 $0.00 4 $200.00 $0.00 Prepare construction cost estimates Reproduce drawings for review 0 $0.00 0 $0.00 $0.00 4 $300.00 $0.00 QA / QC 1 $145.00 8 $960.00 1 $100.00 $0.00 $0.00 Reproduce drawings for distribution to bidders 0 $0.00 0 $0.00 $0.00 4 $300.00 $0.00 Street Design Total 1 $145.00 8 $960.00 90 $9,000.00 44 $3,300.00 4 $200.00 Total Hours 146 Total Cost $13,605.00 Water Line Design Determine Round Rock criteria for water line design 0 $0.00 $0.00 4 $400.00 $0.00 $0.00 Gather information on existing water lines in area $0.00 $0.00 4 $400.00 $0.00 $0.00 Determine if the line can be looped or if it will be a dead end line $0.00 $0.00 8 $800.00 $0.00 $0.00 Determine water system needs $0.00 $0.00 4 $400.00 $0.00 $0.00 Establish alignment and check with SUE for possible conflicts $0.00 $0.00 $0.00 $0.00 8 20 $800.00 $2,000.00 20 $0.00 $1,500.00 $0.00 Prepare plan and profile sheets $0.00 Submit for review $0.00 $0.00 4 $400.00 $0.00 $0.00 Incorporate review comments $0.00 $0.00 8 $800.00 4 $300.00 $0.00 Specifications $0.00 $0.00 8 $800.00 0 $0.00 4 $200.00 QA / QC 1 $145.00 8 $960.00 1 $100.00 $0.00 $0.00 Sign and seal 0 $0.00 $0.00 2 $200.00 $0.00 $0.00 1 $145.00 8 $960.00 71 $7,100.00 24 $1,800.00 4 $200.00 Total Hours 107 Total Cost $10,205.00 Grand Total Hours 391 Grand Total Cost $38,940.00 ,EXHIBIT D City of Round Roc Ledbetter Street Improvements Freese and Nichols Basic Services and Costs M: \Round Rock - Ledbetter Street \Scope of Services Revised 02- 05- 03.xls 2 02/05/03 Hill Country Environmental, Inc Environmental / Permitting Site Reconnaissance $740.00 Gathering / Review of Environmental Databases $850.00 Mapping Potential Environmental Constraints $1,250.00 Coordination with Regulator Agencies $930.00 Notification and Permits to Regularoty Agencies $930.00 Prepare Environmetnal Assessment Documentation $1,670.00 Expenses $160.00 Environmental / Permitting Total $6,530.00 Southwest Strategies Group Right of Way Acquisition Coordinate title run and appraisal Review title, survey, environmental, and appraisal Meet with owner to negotiate sale Submit closing package to funding agency Coordinate closing Right of Way Acquisition Total $10,500.00 Surveying and Mapping, Inc. Subsurface Utility Engineering Utility record research (Level D) Utility surface feature Feld survey (Level C) Subsurface Utility Engineering Total $5,300.00 Surveying Boundary survey and control Design survey Platting Surveying Total $30,642.50 EXHIBIT D City of Round Rock Ledbetter Street Improvements Subconsultant Tasks and Costs M:\Round Rock - Ledbetter Street \Scope of Services Revised 02- 05- 03.xls 02/05/03 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Wm Rigg Co. 777 Main St 4C -50 Ft Worth Tx 76102 INSURED C HARTFORD UNDERWRITERS Freese A Nichols, Inc. 4055 International Plaza suite N200 D CONTINENTAL CAS Ft Worth Tx 76109-4895 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the buslRtesa operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and Mater hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECIrvE EXPIRATION LIMITS L32 NUMBER DATE DATE A GENERAL LIABILITY 46UUMUx9972 10.23-02 10.2103 AUTOMOBILE LIABILITY 46UENUY0782 10.23-02 10-23-03 COMBINED SINGLE LIMIT 51,000.000 BODILY INJURY (Per person) S BODILY INIURY (Per acelden0 S PROPERTY DAMAGE S A EXCESS I.IABU,ny 46X10UUX9399 1023 -02 10.23.03 Mai OCCURRENCE $ 10,000,000 AGGREGATE 310.000000 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY STATUTORY LIMITS $ 300,000 C WC46034025 10 2023-03 EACH ACCIDENT 5500,000 DISEASE - POLICY LIMIT 3500,000 DISEASE -EACH EMPLOYEE 3 PROFESSIONAL LIABIL TTY D AEA003214422 12.30-01 12 -30-04 55,000400 PER CLAIM 510,000.000 PER AGGREGATE, 0407,000 DEDUCTIBLE DESCRB7ION OP OPE RATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS /EXCEPTIONS The City of Round Rock is named as additional insured with respect to aN policies except Workers' Compensation and Employers' Liability and Professional Liabitia. Should any of the above described policies be cancelled or clanged before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder tamed below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock. Texas 73464 Cat of Ensur pros 0 'd 61:6 200E TT qaJ Date:2 -11.03 COMPANIES AFFORDIN0 COVERAE A HARTFORD CAS INS CO B TWIN CITY FIRE SIGNATURE OF AUTHORIZED REPRESENT EXHIBIT - Revised 10/2002 GENERAL, AGGREGATE 5 2 ,000,000 PRODUCIS.COMP /OPAGG. $ 2,000,000 PERSONAL & ADV. MIRY S 1,000,000 EACH OCCURRENCE 5 1.000,000 FIRE DAMAGE (Any one fire) $ MID E>?TENSB taw one Pelson)$ Typed Name: CAROL NOONE Title: _VICE PRESIDENT JT.R:XE4 Ociry iso WE Propose Widening of Ledbetter St /aounoxaeTExns MEETING OF THE COURT OF COMMON COUNCIL MONDAY EVENING, SEPTEMBER 13, 2010 The meeting was called to order by Her Honor Council President rJo Winch, at 8:05 pm. Present: Councilpersons Veronica Airey-Wilson, Alexander Aponte, James M. Boucher, Luis E. Cotto, Larry Deutsch, Kenneth H. Kennedy, Matthew D. Ritter, Calixto Torres and rJo Winch. Also present: Corporation Counsel Sandra Kee Borges. Recitation of the Pledge of Allegiance to the flag. Items considered on the Consent Calendar: See Paragraphs * Items consider under suspension of Rule XIV were approved by roll-call vote 9 to 0. COMMUNICATIONS: 1. *MAYOR SEGARRA, with accompanying resolution de Correction of Member's Term on Human Relations Commission. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Enclosed please find, for your consideration, a resolution which corrects the expiration date of Sylvia Reid’s term on the Human Relations Commission. On April 26, 2010, the Council confirmed my appointment of Sylvia Reid to the Human Relations Commission for a term beginning April 12, 2010. The expiration date of the appointment was intended to be February 24, 2013, but the year was inadvertently typed as “2010”. The attached resolution corrects that error. I respectfully request your favorable action on this resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The appointment of Sylvia D. Reid (D) of 28 Gray Street, Hartford, CT 06105 (vacancy) to the Human Relations Commission was confirmed by Council on April 26, 2010, and Whereas, The expiration date of Ms. Reid’s term is February 24, 2013, but said date was inadvertently typed in the resolution as February 24, 2010, now, therefore, be it Resolved, That the term of Sylvia Reid on the Human Relations Commission is hereby confirmed as April 12, 2010 through February 24, 2013. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 2. *MAYOR SEGARRA, with accompanying resolution de Authorization to apply for and accept a grant from the Connecticut State Library for the renovation of the Multi-Purpose Room of the Downtown Branch of the Hartford Public Library. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached for your consideration is a resolution authorizing the City of Hartford and the Hartford Public Library to submit an application to and accept grant funds from the Connecticut State Library for the renovation of space in the Central Branch of the Hartford Public Library for the creation of a Multi-Purpose Room. The Multi-Purpose Room is located on the main floor of the Library, is 4,049 square feet in size, and was previously used for staff and collections during the construction of the new Library. It is currently used for a wide variety of programs, but is only partially finished and has no blinds, acoustical treatment, or appropriate equipment. The design for the renovated space will not only make the room fully functional for programs, events, and large group meetings, but will allow the division of the room into two spaces which will enable small groups to meet for more intimate meetings and discussions. The grant from the CT State Library is expected to be $153,333. The total cost of the project will be $460,000. The remaining funds ($306,667) will be allocated from the Library’s Capital Fund. In order to meet State deadlines for the grant, I respectfully request action by the Court of Common Council at your meeting of September 13, 2010. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The Hartford Public Library’s Downtown Branch hosts many programs and activities of varying types and sizes over the course of the year, and Whereas, Space on the Main Floor of the Central Library, that previously housed library collections and staff during the construction of the Library, is currently being used for programming, and Whereas, This space does not have ceiling treatment, interior wall partitions, window blinds, or equipment for audio visual presentations, and Whereas, The Library has developed a design for a Multi-Purpose Room in this space which would include acoustical partitions, a sprinkler system, acoustical ceiling tiles, closets, light fixtures, lecterns, a speaker system, audio visual equipment, and other improvements to make the room fully usable for many types of programming, and Whereas, The cost of improvements to the Multi-Purpose Room will be approximately $460,000, and Whereas, The Connecticut State Library has indicated the availability of $153,333 in its Construction Grants for Distressed Municipalities program, and Whereas, Additional funds in the amount of $306,667 to complete the project will come from the Library’s capital fund; now, therefore, be it Resolved, That the Mayor is hereby authorized to apply for and accept a grant of $153,333 from the Connecticut State Library to be used for the renovation and improvement of the Multi-Purpose Room on the Main Floor of the Downtown Branch of the Hartford Public Library, and be it further Resolved, That the Mayor is authorized to execute any and all manner of other documents and to take such other actions as he, the Corporation Counsel, and the Hartford Public Library may deem appropriate and in the best interests of the City in order to receive, contract and expend the above referenced grant funds, and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the aforesaid actions, and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the parties executing such documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor, the Corporation Counsel, and the Hartford Public Library. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 3. MAYOR SEGARRA, with accompanying resolution de Authorization to enter into and execute a license agreement for twelve parking spaces at the 166 Sheldon Street Parking Lot to the United States Marshalls/Court Security Officers Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Enclosed, for your consideration, is a resolution regarding a license for twelve (12) parking spaces at the 166 Sheldon Street parking lot (the “Property”) by the City of Hartford (“City”) to the United States Marshalls/Court Security Officers (the “Licensee”). On August 31, 2007, the City and Licensee entered into a License Agreement (“Agreement”) whereby the City licensed twelve (12) parking spaces on the Property to the Licensee at Fifty Dollars and 00/100 ($50.00) per parking space/per month. The Agreement was for an initial term of one (1) year with two (2) options to renew for one (1) year each. The Licensee has exercised all renewal options and, in anticipation of the expiration of the Agreement, has requested the continued use of the twelve (12) parking spaces on the Property. The City conducted market rate analyses and, based on said analyses, the existing rate of Fifty Dollars and 00/100 ($50.00) per space is consistent with the current market rate. Consequently, the City seeks to enter into a new license agreement with the Licensee under the same terms and conditions as the expiring Agreement. Based on the foregoing, I recommend and support your approval of the attached resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The City of Hartford (the “City”) is the owner of a certain parcel of real property known as 166 Sheldon Street (the “Property”); and Whereas, In August of 2007, the City entered into a License Agreement (“Agreement”) with the United States Marshals/Court Security Officers (“Licensee”), wherein the City licensed twelve (12) parking spaces on the Property to the Licensee at Fifty Dollars ($50.00) per month per space for one year with two (2) additional terms of one (1) year each; and Whereas, All renewal options under the terms of the Agreement have expired and the Licensee has requested the continued use of the Property for parking; and Whereas, The City conducted market rate analyses and based on said analyses the existing rate of Fifty Dollars and 00/100 ($50.00) per space is consistent with the current market rate; and Whereas, The City is willing to enter into a new license agreement with the Licensee subject to the following terms and conditions:  Initial term is for one (1) year, commencing on September 1, 2010 and ending on August 31, 2011 with two (2) options to renew for one (1) year each.  The total monthly payment for the twelve (12) spaces shall be Six Hundred Dollars and 00/100 ($600.00), now therefore be it Resolved, That the Mayor is hereby authorized to enter into and execute a license agreement with the Licensee for the purposes set forth above, upon and subject to the above terms and conditions that the Mayor and the Corporation Counsel may deem appropriate and in the best interests of the City; and be it further Resolved, That the Mayor is hereby further authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to effectuate the above transaction; and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned license agreement, or to take any of the other aforesaid actions; and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such license agreement and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the . Corporation Counsel Referred to the Planning and Economic Development Services Committee. 4. MAYOR SEGARRA, with accompanying resolution de Authorization to enter into and execute a license agreement for ten parking spaces at the 166 Sheldon Street Parking Lot to the United States District Court. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Enclosed is a resolution for your consideration approving a license for ten (10) parking spaces at the 166 Sheldon Street parking lot (the “Property”) by the City of Hartford (“City”) to the United States District Court (the “Licensee”). On August 31, 2007, the City and Licensee entered into a License Agreement (“Agreement”) whereby the City licensed ten (10) parking spaces on the Property to the Licensee at Forty Dollars and 00/100 ($40.00) per space/per month. The Agreement was for an initial term of one (1) year with two (2) options to renew for one (1) year each. The Licensee has exercised all renewal options and has requested the continued use of the Property for parking. The Assessor’s Office, at the request of the Finance Department, conducted a market analysis of the current market rate for the parking spaces. The Assessor’s Office suggested a rate of $50-$60 per space/per month. The Office of Corporation Counsel commissioned a market analysis from the J.F. Mulready Company who suggested a rental rate of $50.00 per space/per month. Following consideration of the foregoing analyses, the City and Licensee have agreed to maintain the reasonable rental rate of Forty Dollars and 00/100 ($40.00) per space/per month in the spirit of intergovernmental cooperation. Based on the foregoing, I recommend and support your approval of the attached resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The City of Hartford (the “City”) is the owner of a certain parcel of real property known as 166 Sheldon Street (the “Property”); and Whereas, In August of 2007, the City entered into a License Agreement (“Agreement”) with the United States District Court (“Licensee”), wherein the City licensed ten (10) parking spaces on the Property to the Licensee at Forty Dollars ($40.00) per month per space for one (1) year with two (2) additional terms of one (1) year each; and Whereas, All renewal options under the terms of the Agreement have expired and the Licensee has requested the continued use of the Property for parking; and Whereas, The City and Licensee have agreed to maintain the rate of Forty Dollars and 00/100 ($40.00) per space/per month; and Whereas, The City is willing to enter into a new license agreement with the Licensee subject to the following terms and conditions:  Initial term is for one (1) year, commencing on September 1, 2010 and ending on August 31, 2011 with two (2) options to renew for one (1) year each.  The total monthly payment for the ten (10) spaces shall be Four Hundred Dollars and 00/100 ($400.00). now therefore be it Resolved, That the Mayor is hereby authorized to enter into and execute a license agreement with the Licensee for the purposes set forth above, upon and subject to the above terms and conditions that the Mayor and the Corporation Counsel may deem appropriate and in the best interests of the City; and be it further Resolved, That the Mayor is hereby further authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to effectuate the above transaction; and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned license agreement, or to take any of the other aforesaid actions; and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such license agreement and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. Referred to the Planning and Economic Development Services Committee. 5. MAYOR SEGARRA, with accompanying resolution de Authorization to enter into and execute a license agreement for eighteen parking spaces at the 141 Sheldon Street Parking Lot to eighteen individual employees of the Department of Justice. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Enclosed, for your consideration, is a resolution authorizing license agreements for eighteen (18) parking spaces at the 141 Sheldon Street parking lot (the “Property”) by the City of Hartford (“City”) to eighteen (18) individual employees of the Department of Justice (collectively, the “Licensees”). On August 31, 2007, the City and Licensees entered into individual License Agreements (“Agreements”) whereby the City licensed eighteen (18) parking spaces on the Property to the Licensees at forty dollars and 00/100 ($40.00) per parking space. The Agreements were for an initial term of one (1) year with two (2) options to renew for one (1) year each. The Licensees have exercised all renewal options. In anticipation of the expiration of the Agreements, the Assistant United States Attorney expressed the interest of the Licensees in continuing their use of the Property for parking. The Assessor’s Office, at the request of the Finance Department, conducted a market analysis of the current market rate for the parking spaces. The Assessor’s Office suggested a rate of $50-$60 per space/per month. The Office of Corporation Counsel commissioned a market analysis from the J.F. Mulready Company who suggested a rental rate of $50.00 per space/per month. Following consideration of the foregoing analyses, the City and Licensees have agreed to maintain the reasonable rental rate of Forty Dollars and 00/100 ($40.00) per space/per month in the spirit of intergovernmental cooperation. Based on the foregoing, I recommend and support your approval of the attached resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The City of Hartford (the “City”) is the owner of a certain parcel of real property known as 141 Sheldon Street (known as the city employee parking lot) (the “Property”); and Whereas, In August of 2007, the City entered into individual License Agreements (“Agreements”) with eighteen (18) employees of the United States Department of Justice (the “Licensees”), wherein the City licensed to each of the Licensees one parking space at Forty Dollars and 00/100 ($40.00) per month for one (1) year with two (2) additional terms of one (1) year each; and Whereas, All renewal options under the terms of the Agreements have expired and the Licensees have requested the continued use of the Property for parking; and Whereas, The City and Licensees have agreed to maintain the rate of Forty Dollars and 00/100 ($40.00) per space/per month; and Whereas, The City is willing to enter into new license agreements with the Licensees subject to the following terms and conditions:  Initial term is for one (1) year, commencing on September 1, 2010 and ending on August 31, 2011 with two (2) options to renew for one (1) year each.  The total monthly payment for the eighteen (18) spaces shall be Seven Hundred Twenty Dollars and 00/100 ($720.00).; now therefore be it Resolved, That the Mayor is hereby authorized to enter into and execute license agreements with the Licensee for the purposes set forth above, upon and subject to the above terms and conditions that the Mayor and the Corporation Counsel may deem appropriate and in the best interests of the City; and be it further Resolved, That the Mayor is hereby further authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to effectuate the above transaction; and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned license agreements, or to take any of the other aforesaid actions; and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such license agreements and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. Referred to the Planning and Economic Development Services Committee. 6. MAYOR SEGARRA, with accompanying resolution de Authorization to enter into and execute a license agreement regarding twenty-two parking spaces at the 141 Sheldon Street Parking Lot to the U.S. District Court. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Enclosed is a resolution for your consideration authorizing a license from the City of Hartford (“City”) to the United States District Court (the “Licensee”) for twenty-two (22) parking spaces at the 141 Sheldon Street parking lot (the “Property”). On August 31, 2007, the City and Licensee entered into a License Agreement (“Agreement”) whereby the City licensed twenty-two (22) parking spaces on the Property to the Licensee at Forty Dollars and 00/100 ($40.00) per parking space/per month. The Agreement was for an initial term of one (1) year with two (2) options to renew for one (1) year each. The Licensee has exercised all renewal options and has requested the continued use of the twenty-two (22) parking spaces on the Property. The Assessor’s Office, at the request of the Finance Department, conducted a market analysis of the current market rate for the parking spaces. The Assessor’s Office suggested a rate of $50-$60 per space/per month. The Office of Corporation Counsel commissioned a market analysis from the J.F. Mulready Company who suggested a rental rate of $50.00 per space/per month. Following consideration of the foregoing analyses, the City and Licensee have agreed to maintain the reasonable rental rate of Forty Dollars and 00/100 ($40.00) per space/per month in the spirit of intergovernmental cooperation. Based on the foregoing, I recommend and support your approval of the attached resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The City of Hartford (the “City”) is the owner of a certain parcel of real property known as 141 Sheldon Street (the City employees parking lot) (the “Property”); and Whereas, In August of 2007, the City entered into a License Agreement (“Agreement”) with the United States District Court (“Licensee”), wherein the City licensed twenty-two parking spaces on the Property to the Licensee at Forty Dollars ($40.00) per month per space for one (1) year with two (2) additional terms of one (1) year each; and Whereas, All renewal options under the terms of the Agreement have expired and the Licensee has requested the continued use of the Property for parking; and Whereas, The City and Licensee have agreed to maintain the rate of Forty Dollars and 00/100 ($40.00) per space/per month; and Whereas, The City is willing to enter into a new license agreement with the Licensee subject to the following terms and conditions:  Initial term is for one (1) year, commencing on September 1, 2010 and ending on August 31, 2011, with two (2) options to renew for one (1) year each.  The total monthly payment for the twenty-two (22) spaces shall be Eight Hundred Eighty Dollars and 00/100 ($880.00), now, therefore, be it Resolved, That the Mayor is hereby authorized to enter into and execute a license agreement with the Licensee for the purposes set forth above, upon and subject to the above terms and conditions that the Mayor and the Corporation Counsel may deem appropriate and in the best interests of the City; and be it further Resolved, That the Mayor is hereby further authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to effectuate the above transaction; and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned license agreement, or to take any of the other aforesaid actions; and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such license agreement and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. Referred to the Planning and Economic Development Services Committee. 7. *MAYOR SEGARRA, with accompanying resolution de Authorization to accept $60,000 from three area hospitals to support a community health needs assessment. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached for your consideration is a resolution authorizing me to accept $60,000 from three area hospitals to support a community health needs assessment. The Department of Health and Human Services is partnering with three area hospitals to conduct a community health needs assessment within Hartford, with the objectives of developing community health improvement plans, reinforcing the hospitals’ commitment to community benefit, and prioritizing public health endeavors. The three area hospitals, Hartford Hospital, Saint Francis Hospital and Medical Center, and the Connecticut Children’s Medical Center, are partially sponsoring this project by contributing $20,000 each for a total of $60,000.00, for the period of September 1, 2010 to June 30, 2011. I have attached a resolution for your consideration and I recommend its passage. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The Department of Health and Human Services is partnering with area hospitals to conduct a community health needs assessment within the city; and Whereas, The objectives of this assessment are to utilize its results in developing community health improvement plans as well as to reinforce the hospitals’ commitment to community benefit and to prioritize public health endeavors; and Whereas, The three area hospitals, Hartford Hospital, Saint Francis Hospital and Medical Center and the Connecticut Children’s Medical Center are partially sponsoring this project; now, therefore, be it Resolved, That the Mayor is hereby authorized to accept approximately twenty thousand dollars ($20,000.00) from each hospital for a total of approximately sixty thousand dollars ($60,000.00), for the period of September 1, 2010 through June 30, 2011; and be it further Resolved, That the Mayor is authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to receive, contract and expend the above referenced grant funds, and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the aforesaid actions, and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the parties executing such documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 8. *MAYOR SEGARRA, with accompanying resolution de Authorization to apply for and accept reimbursement funds approved under the Energy Efficiency and Conservation Block Grant. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached for your consideration is a resolution authorizing the Mayor to apply for and accept reimbursement funds approved under the Energy Efficiency and Conservation Block Grant (EECBG). On May 11, 2009 the Hartford Court of Common Council passed a resolution authorizing the City to submit an Energy Efficiency and Conservation Block Grant (EECBG) application to the U.S. Department of Energy for funds authorized under the American Recovery and Reinvestment Act. The Department of Energy is now requesting a new council resolution authorizing Mayor Pedro E. Segarra to be the designated City representative for receipt of funds reimbursed to the City under the EECBG. I respectfully request your favorable action on this resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, On September 28, 2009 as part of the American Recovery and Reinvestment Act (ARRA), the U.S. Department of Energy (DOE) awarded the City of Hartford an Energy Efficiency and Conservation Block Grant (EECBG) in the amount of $1,372,700.00; and Whereas, The purpose of the EECBG is to assist eligible entities in creating and implementing strategies to (1) Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; (2) Reduce the total energy use of the eligible entities; and (3) Improve energy efficiency in the building sector, the transportation sector and other appropriate sectors; and Whereas, The DOE awarded the grant to the City of Hartford on a plan of reimbursement for funds expended on activities approved as part of the City’s submitted and approved plan, and Whereas, The City of Hartford is implementing the City’s plan, approved by the DOE as part of the EECBG, and is applying for reimbursement of funds for plan expenditures; and Whereas, The Court of Common Council, on May 11, 2010, authorized then Mayor, Eddie A. Perez, to submit the City’s Plan for the EECBG to DOE for approval by the June 25, 2009 deadline; now, therefore, be it Resolved, That the Court of Common Council hereby authorizes Mayor Pedro E. Segarra, upon approval by DOE, to implement and carry out all activities in accordance with the adopted City Plan for the EECBG, including negotiation and entering into all necessary agreements, and soliciting proposals from prospective sub-recipients; and be it further Resolved, That Mayor Pedro E. Segarra is hereby authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to effectuate the above transaction; and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the other aforesaid actions; and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such agreement and documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 9. *MAYOR SEGARRA, with accompanying resolution de Authorization to accept the Federal Fiscal Year 2011 Emergency Management Performance Grant. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached is a resolution authorizing the Mayor, on behalf of the City of Hartford, to accept the Federal Fiscal Year 2011 Emergency Management Performance Grant that supports the City’s Emergency Management Program. The grant is made on a per capita basis and the FY2011 allocation has been increased to .50 cents per capita, a slight increase over the .46 cents per capita in 2010. The program funding will be used by the Department of Emergency Services and Telecommunications to reduce the City’s cost for a mandated Emergency Management Director, an Emergency Operations Plan that is reviewed and up-dated annually, WEB Emergency Operations Center (WEB EOC), and an Emergency Operations Center (currently located at 550 Main Street). In addition, the funds will support Hartford’s commitment to saving lives and protecting property in the event of a natural or man-made disaster. Your support of this resolution is respectfully requested. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The State of Connecticut Department of Emergency Management and Homeland Security makes State and Local Assistance (SLA) funding available to support local emergency management; and Whereas, The City of Hartford is committed to the development and coordination of a local Emergency Management Program with the goal of saving lives and protecting property; and Whereas, With these funds, the City of Hartford supports the position of Director of Emergency Management for the purpose of (1) Emergency Organization, Planning, and Management, (2) Direction, Control, and Warning, (3) Population Protection and (4) Training and Exercising; now, therefore, be it Resolved, That the Mayor, or his designee, on behalf of the City of Hartford, is hereby authorized to accept the 2011 Emergency Management Performance Grant (EMPG) funding in an amount approximately equal to the amount of $57,069 which the City received in 2010 from the State of Connecticut Department of Emergency Management and Homeland Security, and be it further Resolved, That the Mayor is authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to receive, contract and expend the above referenced grant funds, and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the aforesaid actions, and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the parties executing such documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 10.*MAYOR SEGARRA, with accompanying resolution de Authorization to accept $702,268.09 from the State of Connecticut's Fiscal Year 2010/2011 funds for Enhanced 9-1- 1. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached for your consideration is a resolution authorizing the Mayor, on behalf of the City of Hartford, to accept $702,268.09 from the State of Connecticut’s Fiscal Year 2010/2011 funds for Enhanced 9-1-1. These funds are authorized by Section 28-24-3 of the Regulations of the State of Connecticut and are made available to cities with populations greater than 40,000. Program funding will be used by the Department of Emergency Services and Telecommunications for the purpose of providing emergency telecommunications services and will be used for communications equipment, maintenance, and training. Your support for this resolution is respectfully requested. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The Regulations of the State of Connecticut, Section 28-24-3 provide for cities with populations greater than 40,000 to receive Enhanced 9-1-1 funding; and Whereas, The State of Connecticut Department of Public Safety has notified the City’s Department of Emergency Services and Telecommunications of its Fiscal Year 2010/2011 subsidy based on a per capita formula; and Whereas, To be eligible for this funding, the City must have a primary Public Safety Answering Point which meets the criteria defined in Public Act 96-150, and Whereas, The City of Hartford provides such an Answering Point in the Department of Emergency Services and Telecommunications, now therefore, be it Resolved, That the Mayor, or his designee, on behalf of the City of Hartford, is hereby authorized to accept the Fiscal Year 2010/2011 Department of Public Safety E 9-1-1 funding in the amount of $702,268.09 to provide telecommunication services, and be it further Resolved, That the Mayor is authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to receive, contract and expend the above referenced grant funds, and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the aforesaid actions, and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the parties executing such documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 11. MAYOR SEGARRA, with accompanying resolution de Authorization for the Hartford Parking Authority to offer five free parking days through the Special/Holiday Parking Days Program. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached, for your consideration, please find a resolution that would authorize the Hartford Parking Authority to offer up to five free parking days during the 2010- 2011 fiscal year. In September 2009, the Hartford Parking Authority (Authority) created a Strategic Marketing Plan (Plan) to increase usage of the Authority’s parking garages by monthly and hourly users. The Plan was grounded in survey research conducted in July of 2009. It was designed to increase awareness and visits to all HPA facilities, with a special focus on the Morgan Street Garage (MSG), in order to increase revenue and assist in downtown revitalization efforts. The first step taken by the Authority, and approved by the Court of Common Council, was the establishment of incentive rates for monthly parking patrons at the Morgan Street Garage. The rates went into effect on August 1, 2010, and to date, more than 50 new parkers have enrolled. The Authority is now seeking approval of new rates associated with three marketing programs designed to meet the goals of the Plan and enhance revenue: “Loyalty”, “Five Free Days”, and “Refer a Friend”. The attached resolution authorizes the Five Free Days program. On September 1, 2010, the Authority approved a resolution authorizing up to five days of free parking on days, times and at locations approved by the Board during the 2010-2011 fiscal year. The purpose of the program is to help attract people to downtown shops, restaurants and other destinations on specific days. The day after Thanksgiving is an example of one such day. Since each day would result in a revised rate, Court of Common Council approval of the Authority’s resolution is required. I recommend approval of the attached resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The Hartford Parking Authority passed the following Resolution on September 1, 2010: RESOLUTION AUTHORIZING FIVE FREE PARKING DAYS AT HARTFORD PARKING AUTHORITY GARAGES IN SUPPORT OF DOWNTOWN BUSINESSES. Whereas, The Hartford Parking Authority (“Authority”) has adopted the mission statement that states that the on and off-street parking system of the City of Hartford (“City”) shall support existing land uses and encourage economic growth, to assist the City’s economic vitality; and Whereas, The Authority utilized survey research to develop a Strategic Marketing Plan (“Plan”) to increase usage of the Authority’s parking garages by monthly and hourly users and assist with economic development efforts; and Whereas, The Authority has engaged Business for Downtown Hartford and the Business Improvement District to design new parking programs to carry out the Plan; and Whereas, As a means of spurring retail traffic, the Authority is proposing a Special/Holiday Parking Days Program which would provide up to five days of free parking on days, times and at locations approved by the Authority during the 2010 -2011 fiscal year; and Whereas, Pursuant to §10-15(4) of the Hartford Municipal Code, the revised rate associated with the Special/Holiday Parking Days Program is subject to the approval of the City’s Court of Common Council, now, therefore, be it Resolved, That the Authority hereby approves the Special/Holiday Parking Day Program, based on the terms outlined above; and be it further Resolved, That the Chief Executive Officer is directed to forward this resolution to the City’s Court of Common Council for approval; and be it further Resolved, The court of Common Council supports the efforts of the Authority to spur retail traffic in Hartford, now, therefore, be it Resolved, That the Hartford Parking Authority is hereby authorized to offer five free parking days through the Special/Holiday Parking Days Program as described herein. Referred to the Planning and Economic Development Services Committee. 12. MAYOR SEGARRA de Request to enter into Executive Session to discuss the resolution of Murtha v. City of Hartford. Communication was received from Mayor Segarra, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: I would like to request that the Council enter into Executive Session during the Council meeting on Monday, September 13, 2010. A brief session is necessary to discuss the resolution of Murtha v. City of Hartford. Thank you for your consideration. Respectfully submitted, Pedro E. Segarra, Mayor Received. 13.* MAYOR SEGARRA, with accompanying resolution de Authorization to accept $25,000 from the Connecticut Department of Public Health, through the West Hartford- Bloomfield Health District. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached for your consideration is a resolution authorizing the City to accept $25,000 from the CT Department of Public Health, through the West Hartford-Bloomfield Health District, for bioterrorism preparedness planning. The Cities Readiness Initiative (CRI) is a federally funded project created to prepare major U.S. cities and metropolitan areas to effectively respond to large scale bioterrorism events, such as anthrax, by creating Point of Dispensing (POD) sites where antibiotics are dispensed to the entire identified population within 48 hours of the decision to do so. Federal funds are provided to the CT Department of Public Health which has contracted with the West Hartford- Bloomfield Health District to be the fiduciary agency for these funds. Hartford was chosen as a CRI demonstration site and has previously received grant funds for this purpose. The $25,000 which has now been allocated will support this project for the period August 31, 2010 through August 30, 2011. I recommend passage of the attached resolution. Respectfully Submitted, Pedro E. Segarra, Mayor Whereas, The Connecticut Department of Public Health has made Cities Readiness Initiative (CRI) funds available for local health departments to develop plans to provide pharmaceuticals and homeland security preparedness planning within 48 hours of any catastrophic public health emergency; and Whereas, The Connecticut Department of Public Health has entered into a sub-contract with the West Hartford-Bloomfield Health District as the fiduciary agency for these funds; and Whereas, The City of Hartford has been chosen as a CRI demonstration site; and Whereas, The City of Hartford Department of Health and Human Services will use these funds for services, supplies and equipment used in the development of this plan; now, therefore, be it Resolved, That the Mayor is hereby authorized to accept approximately twenty five thousand dollars ($25,000.00) from the West Hartford-Bloomfield Health District in Cities Readiness Initiative (CRI) Grant funds for the period of August 31, 2010 through August 30, 2011; and be it further Resolved, That funds authorized through the previous CRI Grant be utilized by the Hartford Health and Human Services Department to complete certain obligations under the grant; and be it further Resolved, That the existing CRI contract with the West Hartford-Bloomfield Health District for CRI funds be extended for the period August 31, 2010 through August 30, 2011, and be it further Resolved, That the Mayor is authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to develop the infrastructure needed to plan and prepare for a mass vaccination event and receive, contract and expend the above referenced grant funds, and be it further Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the aforesaid actions, and be it further Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the parties executing such documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 14. MAYOR SEGARRA de Submission of Fourth Quarter Report for Fiscal Year 2009-10 no later than Friday September 10, 2010. Communication was received from Mayor Segarra, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: As you know, the Hartford City Charter requires me to submit to the Council, not later than its first meeting in September, a “concise and comprehensive report of the financial transactions and administrative activities of the City government” during the previous fiscal year. This letter is to notify you that, in compliance with the Charter, I will be submitting to you, no later than Friday, September 10, 2010, the Fourth Quarter Report for the Fiscal Year 2009-10. Respectfully submitted, Pedro E. Segarra, Mayor Received 15. MAYOR SEGARRA, with accompanying resolution de Approval for the establishment of a Loyalty Program for parking patrons by the Hartford Parking Authority. Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached, for your consideration, is a resolution approving the establishment, by the Hartford Parking Authority, of a Loyalty Program during the 2010- 2011 fiscal year. In September 2009, the Hartford Parking Authority (Authority) created a Strategic Marketing Plan (Plan) to increase usage of the Authority’s parking garages by monthly and hourly users. The Plan was grounded in survey research conducted in July of 2009. It was designed to increase awareness and visits to all HPA facilities, with a special focus on the Morgan Street Garage (MSG), in order to increase revenue and assist in downtown revitalization efforts. The first step taken by the Authority, and approved by the Court of Common Council, was the establishment of incentive rates for monthly parking patrons at the Morgan Street Garage. The rates went into effect on August 1, 2010, and to date, more than 50 new parkers have enrolled. The Authority is now seeking approval of new rates associated with three marketing programs designed to meet the goals of the Plan and enhance revenue: “Loyalty”, “Five Free Days”, and “Refer a Friend”. The attached resolution authorizes the Loyalty Program. On September 1, 2010, the Hartford Parking Authority passed a resolution approving the establishment of a Loyalty Program for the 2010-2011 Fiscal Year. The program is designed to reward repeated use of Authority garages by hourly and daily parking patrons.By utilizing Reward Cards, a patron that makes three paid visits to any Authority garage will earn a free fourth visit, which must be redeemed by June 30, 2011. Reward cards will be distributed through multiple outlets, including downtown shops and restaurants. Since the granting of a free visit amounts to a revision to the hourly rate, Court of Common Council approval of the Authority’s resolution is required. I recommend approval of the attached resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The Hartford Parking Authority passed the following Resolution on September 1, 2010: RESOLUTION APPROVING THE ESTABLISHMENT OF A LOYALTY PROGRAM FOR PARKING PATRONS Whereas, The Hartford Parking Authority (“Authority”) has adopted the mission statement that states that the on and off-street parking system of the City of Hartford (“City”) shall support existing land uses and encourage economic growth, to assist the City’s economic vitality; and Whereas, The Authority utilized survey research to develop a Strategic Marketing Plan (“Plan”) to increase usage of the Authority’s parking garages by monthly and hourly users and assist with economic development efforts; and Whereas, The Authority has engaged Business for Downtown Hartford and the Business Improvement District to design new parking programs to carry out the Plan; and Whereas, In order to spur repeated use of Authority facilities and support downtown businesses, a Loyalty Program (“Program”) is being proposed to reward hourly and daily parking patrons; and Whereas, A patron that makes three paid visits to any Authority garage will earn a free, fourth visit which must be redeemed by June 30, 2011; and Whereas, Reward Cards, which will be utilized to track visits, will be distributed through multiple outlets, including downtown shops and restaurants; and Whereas, Pursuant to §10-15(4) of the Hartford Municipal Code, the revised rate associated with the Program, is subject to the approval of the City’s Court of Common Council, now, therefore, be it Resolved, That the Authority hereby approves the Loyalty Program, based on the terms outlined above; and be it further Resolved, That the Chief Executive Officer is directed to forward this resolution to the City’s Court of Common Council for approval; and be it further Resolved, The Court of Common Council supports the efforts of the Authority to spur repeated use of Authority facilities and support downtown businesses by rewarding hourly and daily parking patrons, now, therefore, be it Resolved, That the Hartford Parking Authority is hereby authorized to implement the Loyalty Program as described herein. Referred to the Planning and Economic Development Services Committee. 16. MAYOR SEGARRA, with accompanying resolution de Approval of establishment by the Hartford Parking Authority, of a Refer a Friend Program during the 2010-2011 Fiscal Year Communication was received from Mayor Segarra, with accompanying resolution, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Attached, for your consideration, is a resolution that would approve the establishment, by the Hartford Parking Authority, of a Refer a Friend Program during the 2010- 2011 fiscal year. In September 2009, the Hartford Parking Authority (Authority) created a Strategic Marketing Plan (Plan) to increase usage of the Authority’s parking garages by monthly and hourly users. The Plan was grounded in survey research conducted in July of 2009. It was designed to increase awareness and visits to all HPA facilities, with a special focus on the Morgan Street Garage (MSG), in order to increase revenue and assist in downtown revitalization efforts. The first step taken by the Authority, and approved by the Court of Common Council, was the establishment of incentive rates for monthly parking patrons at the Morgan Street Garage (MSG). The rates went into effect on August 1, 2010, and to date, more than 50 new parkers have enrolled. The Authority is now seeking approval of new rates associated with three marketing programs designed to meet the goals of the Plan and enhance revenue: “Loyalty”, “Five Free Days”, and “Refer a Friend”. The attached resolution authorizes the Refer a Friend program. On September 1, 2010, the Authority approved a resolution approving the establishment of a Refer a Friend Program for the 2010-2011 Fiscal Year. In order to increase monthly patrons at MSG, a benefit is being proposed for current monthly patrons (at any HPA facility) who refer a friend(s) to MSG. A free month of parking will be provided to each individual who refers a friend who enrolls and pays for three months of parking at MSG.Court of Common Council approval of the Authority’s resolution is required because the granting of a free month of parking results in a revision of the monthly rate. I recommend approval of the attached resolution. Respectfully submitted, Pedro E. Segarra, Mayor Whereas, The Hartford Parking Authority passed the following resolution on September 1, 2010, RESOLUTION APPROVING THE ESTABLISHMENT OF A REFER A FRIEND PROGRAM Whereas, The Hartford Parking Authority (“Authority”) has adopted the mission statement that states that the on and off-street parking system of the City of Hartford (“City”) shall support existing land uses and encourage economic growth, to assist the City’s economic vitality; and Whereas, The Authority utilized survey research to develop a Strategic Marketing Plan (“Plan”) to increase usage of the Authority’s parking garages by monthly and hourly users and assist with economic development efforts; and Whereas, The Authority has engaged Business for Downtown Hartford and the Business Improvement District to design new parking programs to carry out the Plan; and Whereas, A Refer a Friend Program (“Program”) is being proposed to increase monthly patrons at the Morgan Street Garage (“MSG”); and Whereas, Said Program will provide a free month of parking for any current monthly patron (at any HPA facility) who refers a friend to MSG who enrolls and pays for three months at MSG; and Whereas, Said Program would expire on June 30, 2011, requiring enrollment by February 28, 2011 in order to take advantage of the benefit; and Whereas, Pursuant to §10-15(4) of the Hartford Municipal Code, the revised rate associated with the Refer a Friend Program is subject to the approval of the City’s Court of Common Council, now, therefore, be it Resolved, That the Authority hereby approves the Refer a Friend Program, based on the terms outlined above; and be it further Resolved, That the Chief Executive Officer is directed to forward this resolution to the City’s Court of Common Council for approval. And be it further Resolved, The Court of Common Council supports the efforts of the Authority to increase monthly marking at the Morgan Street Garage, now, therefore, be it Resolved, That the Hartford Parking Authority is hereby authorized to implement the Refer a Friend program as described herein. Referred to the Planning and Economic Development Services Committee. 17. PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE de Discussion regarding the listing of remainder of Keney Park on the National Register of Historic Places. Communication was received from Minority Leader Cotto, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Your Public Works, Parks and Environment Committee held a meeting on August 26, 2010 to discuss the following item: DISCUSSION REGARDING THE LISTING OF REMAINDER OF KENEY PARK ON THE NATIONAL REGISTER OF HISTORIC PLACES. Present at the meeting was Chairperson Luis Cotto, Majority Leader rJo Winch, Council members Kenneth Kennedy, Jr. & Matthew Ritter, Council staff Brendan Mahoney, Kejuan Dillard of the Mayor’s Office, Paul Basch of 31 Woodland Street, Robin Saunders of the CT Chapter of Christopher and Dana Reeve Foundation, Kevin Burnham of the Public Works Department, Laura Knott-Twine & Todd Jones of the Hartford Preservation Alliance, Victor Luna of the Hartford Democratic Town Committee, Eric Stamm of Hope Out Loud, Don Chapman of the Planning Division, several representatives of the Friends of Keney Park and other concerned citizens. Laura Knott-Twine, Director of the Hartford Preservation Alliance (HPA), delivered a brief presentation on the prospect of listing the northern (north of Tower Avenue) and middle (south of Tower Avenue and north of Love Lane) sections of Keney Park on the National Register of Historic Places. She indicated that the application would be prepared by Todd Jones, an HPA intern and master’s student at Central Connecticut State University, at no cost to the City. At present, the southern section of Keney Park (south of Holcomb Street and north of Greenfield Street) is on the Register. Ms. Knott-Twine explained that listing the Park on the Register would prevent it from having an outside government agency or private entity from developing the park in any way that would stray from the park’s original purpose. She cited examples of additional land being taken for interstate highway expansion or a developer trying to build houses on the park. She went on to explain that any future park development in the newly listed section of the park would be subject to approval by the Hartford Preservation Commission. Ms. Knott-Twine clarified that with the blessing of the City, Mr. Jones and the HPA would only begin a preliminary application for the project. This application would indicate that the project was being undertaken by an individual with adequate credentials to complete an application for the Register and that an organization intends to pursue research on an historic place. Prior to filing the final application, community support must behind the application or work on it will stop. Ms. Knott-Twine stressed that throughout the process the HPA would work with the neighboring Neighborhood Revitalization Zones, the Friends of Keney Park, the City of Hartford and the Park’s neighbors. Jeff Stewart and Bayyinah Lyons of the Friends of Keney Park asked if the nature center, which the group hoped to build near the Barbour Street entrance, would be precluded from construction if that section of the park was listed on the Register. Ms. Knott-Twine responded the process would be almost the same as it is now, but there would be the additional step of approval by the Preservation Commission. The nature center could go forward. Others in attendance expressed similar concerns regarding restrictions being placed on the park by this listing, such as expansion of sports fields. Ms. Knott-Twine indicated that such expansion would still be possible. Committee member Winch said that she felt the Public Works, Parks and Environment Committee supports this listing, but that the HPA should formally meet with the Friends of Keney Park before going any further, a sentiment echoed by the other committee members. Until this committee meeting, the HPA and Friends of Keney had not met. Respectfully submitted, Luis E. Cotto, Chairperson Received REPORTS 18. *OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE, with accompanying substitute resolution de Allocation of funds from the Hartford Civic & Cultural Affairs Account to the West Indian Parade. Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: The Operations and Management & Budget Committee held a Special meeting on Tuesday, September 7, 2010, at 5:30 pm in the Council Chambers to discuss the following agenda item: West Indian Parade 2010, Heavenly Ground Youth Leadership Program, Uptown Troops Color Guard de Allocation of funds from the Hartford Civic & Cultural Affairs Account to. Present at the meeting were Chairman, Kenneth H. Kennedy, Jr., Committee Members, Jim Boucher and rJo Winch, Councilman Luis Cotto, Human Resource Director, Malave Santiago, Deputy Finance Director, Lydia Rosario and Management and Budget Director Rick Galarza. Council President Winch requested the resolution heading and second Resolved Clause to reflect the correct name for the fund and the correct Fiscal year included. A substitute resolution is attached. Motion was made to send the item to the full Council for approval. Respectfully submitted, Kenneth H. Kennedy, Jr., Chairperson Whereas, The following community-based organizations and initiatives provide critical community services, advocacy and benefits to Hartford residents, businesses, and institutions, now, therefore be it Resolved, That the Court of Common Council make the allocations to agencies as listed below; and be it further Resolved, That notwithstanding the resolution passed by the Court of Common Council on July 13, 2009 related to the City of Hartford’s Civic and Cultural Affairs Account, that agencies awarded grants from the City of Hartford’s Civic and Cultural Affairs Account in this resolution and the resolution adopted at the July 13, 2009 meeting of the Court of Common Council, shall follow procedures for the Council Funding Application. AGENCY AMOUNT West Indian Parade 2010 $10,000 Heavenly Ground Youth Leadership Program $10,000 UP Town Troops Color Guard $ 2,000 Total $22,000 The substitute resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 19. OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE, with accompanying substitute resolution de Authorization for Voluntary Retirement Incentive Program. Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: The Operations and Management & Budget Committee held a Special meeting on Tuesday, September 7, 2010, at 5:30 pm in the Council Chambers to discuss the following agenda item: Mayor Segarra, with accompanying resolution de Authorization for Voluntary Retirement Incentive Program. Present at the meeting were Chairman, Kenneth H. Kennedy, Jr., Committee Members, Jim Boucher and rJo Winch, Councilman Luis Cotto, Human Resource Director, Malave Santiago, Deputy Finance Director, Lydia Rosario and Management and Budget Director Rick Galarza. Human Resource Director, Malave Santiago in his presentation to the Operation, Management and Budget briefly mentioned the anticipated deficit for the next Fiscal Year. He also discussed Mayor Segarra’s proposal to develop and offer a voluntary retirement incentive program to full-time non-bargaining and unclassified employees. The Director told the Committee that in an effort to resolve the anticipated budget deficit for Fiscal Year 2010-2011 the Court of Common Council has identified several areas for reducing a deficit. The areas indentified include employee concessions, reduced or deferred City contributions to the Municipal Employees Retirement Fund (MERF), and an employee retirement incentive to all full-time, non-bargaining, and unclassified City employees who become eligible for normal, early retirement by October 29, 2010. The Administration has proposed two options for Council’s consideration. Option 1: Three (3) years of City-paid health insurance under the City’s retiree health insurance program for the employee and his/her eligible enrolled dependents. Option 2: The addition of four (4) years of City service credit to the employee’s years of service for purposes of calculating the employee’s retirement allowance. Committee members questioned the savings to the City and the time frame to actually see the savings. They also asked about the number of employees that might be eligible and the time frame for an eligible employee to accept the offer. Chairman Kennedy made a motion to amend the third whereas clause and then added a third resolved clause. After the discussion a motion was made and seconded to send the amended resolution to the full Council for their approval. There was a quorum. Respectfully submitted, Kenneth H. Kennedy, Jr., Chairperson Whereas, A deficit is anticipated in the City's Fiscal Year 2010-11 budget; and Whereas, The Court of Common Council has identified several strategies for reducing such a deficit, including employee concessions, reduced or deferred City contributions to the Municipal Employee Retirement Fund, and an employee retirement incentive program; and Whereas, The Administration proposes to offer a voluntary employee retirement incentive program to all full-time City non-bargaining and unclassified employees who with (4) four years of additional City service credit become eligible for a normal, alternate normal retirement, or are eligible to add the four years for early retirement by October 29, 2010, who are employees currently working for the City and; Whereas, The Administration has proposed two incentive options for Council's consideration as follows: Option 1: Three (3) years of City-paid health insurance under the City's retiree health insurance program for the employee and his/her eligible enrolled dependents. Option 2: The addition of four (4) years of City service credit to the employee's years of service for purposes of calculating the employee's retirement allowance with a minimum of five (5) years of service without penalties; now, therefore, be Resolved, That the Court of Common Council authorizes the Mayor to offer an Employee Retirement Incentive Program as described above and in accordance with Option 1 or 2, and be it further Resolved, That the Court of Common Council authorize the Mayor to offer the option of a lump sum cash out of vacation and sick leave payout to eligible employees who take option 2 only; and be it further Resolved, That the Court of Common Council authorizes the Mayor to take into consideration those instances where an employee's retirement under this incentive program would cause an undue hardship to City operations and, in those instances, to grant, on a case-by-case basis, a deferment to such employee. The resolution was passed, as amended, on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 20.*OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE de Authorization to execute an amendment to the lease with Marshall Realty Corporation. Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: The Operations and Management & Budget Committee held a Special meeting on Tuesday, September 7, 2010, at 5:30 pm in the Council Chambers to discuss the following agenda item: Mayor Segarra, with accompanying resolution de Authorization to execute an amendment to the lease with Marshall Realty Corporation. Present at the meeting were Chairman, Kenneth H. Kennedy, Jr., Committee Members, Jim Boucher and rJo Winch, Councilman Luis Cotto, Human Resource Director, Malave Santiago, Deputy Finance Director, Lydia Rosario and Management and Budget Director Rick Galarza. Deputy Finance Director, Lydia Rosario spoke to the resolution. In her presentation the Deputy Finance Director, Lydia Rosario informed the Committee that the property was used mainly for parking and the resolution presented to the Court of Common Council was regarding a five (5) year extension (the “Second Extension”) to a lease of a Greater Hartford Flood Plan Commission (“GHFC”) property. The property is located at 1002-1008 Wethersfield Avenue and is leased to Marshall Realty Corporation for the purpose of providing additional parking to the adjacent commercial property owned by Marshall Realty Corporation. The current market rent for the property is $18.00/parking space. An independent appraiser commissioned by the City established a parking rate of $26.00/parking space. Marshall Realty Corporation commissioned a second independent appraiser, that analysis established a parking rate of approximately $20.83/parking space. After reviewing both appraisals, the City and Marshall Realty Corporation agreed upon a market rate increase of $4.00 per parking space over the current rate for the Second Extension. After the discussion a motion was made and seconded to send the item to the full Council for their approval. There was a quorum. Respectfully Submitted, Kenneth H. Kennedy, Jr., Chairperson The resolution, introduced August 9, 2010, was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 21.*PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE de Waiver of half the fees for Rolla-A-Thon sponsored by the Reeve Foundation at Bushnell Park Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Your Public Works, Parks and Environment Committee held a meeting on August 26, 2010 to discuss the following item: RESOLUTION BY MINORITY LEADER COTTO DE WAIVER OF HALF THE FEES FOR REEVE ROLLA-A-THON SPONSORED BY THE REEVE FOUNDATION AT BUSHNELL PARK. Present at the meeting was Chairperson Luis Cotto, Majority Leader rJo Winch, Council members Kenneth Kennedy, Jr. & Matthew Ritter, Council staff Brendan Mahoney, Kejuan Dillard of the Mayor’s Office, Paul Basch of 31 Woodland Street, Robin Saunders of the CT Chapter of Christopher and Dana Reeve Foundation, Kevin Burnham of the Public Works Department, Laura Knott-Twine & Todd Jones of the Hartford Preservation Alliance, Victor Luna of the Hartford Democratic Town Committee, Eric Stamm of Hope Out Loud, Don Chapman of the Planning Division, several representatives of the Friends of Keney Park and other concerned citizens. Robin Saunders spoke about this event. The Committee voted 2 – 0 (Ms. Winch was out of the room at the time of voting and Mr. Kennedy had not arrived yet) in favor of this item with a recommendation for a 50% waiver of applicable City fees associated with the event. Respectfully submitted, Luis E. Cotto, Chairperson The resolution, introduced August 9, 2010, was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 22.*PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE, with accompanying substitute resolution de Creation by Department of Public Works of Adopt- a-Median Program. Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Your Public Works, Parks and Environment Committee held a meeting on August 26, 2010 to discuss the following item: RESOLUTION BY MINORITY LEADER COTTO DE CREATION BY DEPARTMENT OF PUBLIC WORKS OF ADOPT-A-MEDIAN PROGRAM. Present at the meeting was Chairperson Luis Cotto, Majority Leader rJo Winch, Council members Kenneth Kennedy, Jr. & Matthew Ritter, Council staff Brendan Mahoney, Kejuan Dillard of the Mayor’s Office, Paul Basch of 31 Woodland Street, Robin Saunders of the CT Chapter of Christopher and Dana Reeve Foundation, Kevin Burnham of the Public Works Department, Laura Knott-Twine & Todd Jones of the Hartford Preservation Alliance, Victor Luna of the Hartford Democratic Town Committee, Eric Stamm of Hope Out Loud, Don Chapman of the Planning Division, several representatives of the Friends of Keney Park and other concerned citizens. Committee members and Public Works Director Kevin Burnham discussed this matter. Councilman Ritter requested that when developing this program, the Department of Public Works work with Corporation Counsel to ensure that any First Amendment pit falls are avoided vis-à-vis what may or may not be printed on the “Adopt-a-Median” signs. Councilman Kennedy introduced an amendment to the resolution that would allow the Council to have final approval over any program developed the Department of Public Works Department. The Committee voted 4 – 0 on the substitute resolution with a recommendation for its approval by the full Council. Respectfully submitted, Luis E. Cotto, Chairperson Whereas, There are many medians and traffic islands throughout the City of Hartford; and Whereas, As the Public Works Department is stretched thin maintaining the parks and other large tracts of City property, these medians and traffic islands can fall by the wayside; and Whereas, Hartford residents take great pride in the appearance of their community and are willing to help out if empowered to do so; and Whereas, In communities throughout the nation “Adopt-a-Median” programs have been created to allow individuals, community groups and businesses to adopt a median or traffic island, oversee its upkeep and credited with a small sign; now, therefore, be it Resolved, That within ninety (90) of the passage of this resolution, the Department of Public Works shall create an “Adopt-a-Median” program; and, be it further Resolved, That the “Adopt-a-Median” program shall conform to any and all applicable Union rules and contracts; and, be it further Resolved, That the Department of Public Works may charge up to fifty dollars ($50.00) for signage that credits the individual(s), community group(s) or business(es) that has adopted the median; and, be it further Resolved, That prior to the promulgation of “Adopt-a-Median” program to the public, the Department of Public Works shall seek final approval of this program’s rules and regulations from the Court of Common Council. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 23.*PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE de Granting permission to serve alcohol for Hartford Public Library Events. Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Your Public Works, Parks and Environment Committee held a meeting on August 26, 2010 to discuss the following item: RESOLUTION BY MINORITY LEADER COTTO DE GRANTING PERMISSION TO SERVE ALCOHOL FOR HARTFORD PUBLIC LIBRARY EVENTS. Present at the meeting was Chairperson Luis Cotto, Majority Leader rJo Winch, Council members Kenneth Kennedy, Jr. & Matthew Ritter, Council staff Brendan Mahoney, Kejuan Dillard of the Mayor’s Office, Paul Basch of 31 Woodland Street, Robin Saunders of the CT Chapter of Christopher and Dana Reeve Foundation, Kevin Burnham of the Public Works Department, Laura Knott-Twine & Todd Jones of the Hartford Preservation Alliance, Victor Luna of the Hartford Democratic Town Committee, Eric Stamm of Hope Out Loud, Don Chapman of the Planning Division, several representatives of the Friends of Keney Park and other concerned citizens. The Committee voted 4 – 0 in favor of this item. Respectfully submitted, Luis E. Cotto, Chairperson The resolution introduced August 9, 2010, was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 24.*PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE de Waiver of half the fees for the 9th Annual Hope Out Loud Peace and Arts Festival sponsored by the Connecticut Coalition for Peace and Justice at Bushnell Park. Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Your Public Works, Parks and Environment Committee held a meeting on August 26, 2010 to discuss the following item: RESOLUTION BY MINORITY LEADER COTTO DE WAIVER OF HALF THE FEES FOR THE 9TH ANNUAL HOPE OUT LOUD PEACE AND ARTS FESTIVAL SPONSORED BY THE CONNECTICUT COALITION FOR PEACE AND JUSTICE AT BUSHNELL PARK. Present at the meeting was Chairperson Luis Cotto, Majority Leader rJo Winch, Council members Kenneth Kennedy, Jr. & Matthew Ritter, Council staff Brendan Mahoney, Kejuan Dillard of the Mayor’s Office, Paul Basch of 31 Woodland Street, Robin Saunders of the CT Chapter of Christopher and Dana Reeve Foundation, Kevin Burnham of the Public Works Department, Laura Knott-Twine & Todd Jones of the Hartford Preservation Alliance, Victor Luna of the Hartford Democratic Town Committee, Eric Stamm of Hope Out Loud, Don Chapman of the Planning Division, several representatives of the Friends of Keney Park and other concerned citizens. Eric Stamm and Caron Shanahan spoke about this event. The Finance Department had issued a memorandum indicating that Hope Out Loud owed approximately $600 from an event in 2006, because the bill had been sent to the wrong address. Mr. Stamm indicated that the organization would pay the pay as soon as it received it. The Committee voted 4 – 0 in favor of this item with a recommendation for a 50% waiver of applicable City fees associated with the event. Respectfully submitted, Luis E. Cotto, Chairperson The resolution, introduced August 9, 2010, was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 25. PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE de Waiver of half the fees and closure of street parade sponsored by the Spanish American Merchants Association, Inc. (SAMA) for Three Kings Day. Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Your Public Works, Parks and Environment Committee held a meeting on August 26, 2010 to discuss the following item: RESOLUTION BY COUNCILPERSON COTTO DE WAIVER OF HALF THE FEES AND CLOSURE OF STREET PARADE SPONSORED BY THE SPANISH AMERICAN MERCHANTS ASSOCIATION, INC. (SAMA) FOR THREE KINGS DAY. Present at the meeting was Chairperson Luis Cotto, Majority Leader rJo Winch, Council members Kenneth Kennedy, Jr. & Matthew Ritter, Council staff Brendan Mahoney, Kejuan Dillard of the Mayor’s Office, Paul Basch of 31 Woodland Street, Robin Saunders of the CT Chapter of Christopher and Dana Reeve Foundation, Kevin Burnham of the Public Works Department, Laura Knott-Twine & Todd Jones of the Hartford Preservation Alliance, Victor Luna of the Hartford Democratic Town Committee, Eric Stamm of Hope Out Loud, Don Chapman of the Planning Division, several representatives of the Friends of Keney Park and other concerned citizens. It is the intention of the maker of the resolution to withdraw it at the September 13 meeting. Respectfully submitted, Luis E. Cotto, Chairperson Withdrawn. 26. QUALITY OF LIFE AND PUBLIC SAFETY COMMITTEE de Ordinance amending Chapter 29 of the Hartford Municipal Code creating a new article with the purpose of maintaining the focus of the Hartford Police to their core public safety mission by limiting their domestic surveillance and immigration enforcement activities. Report was received from the Chairperson of Quality of Life and Public Safety Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: Your Quality of Life & Public Safety Committee held its regular scheduled meeting on August 17, 2010, at 5:30pm in the Council Chambers to discuss the following referred item: ORDINANCE AMENDING CHAPTER 29 OF THE HARTFORD MUNICIPAL CODE, CEATING A NEW ARTICLE WITH THE PURPOSE OF MAINTIANING THE FOCUS OF THE HARTFORD POLICE DEPARTMENT TO THEIR CORE PUBLIC SAFETY MISSION BY LIMITING THEIR DOMESTIC SURVEILLANCE AND IMMIGRATION ENFORCEMENT ACTIVITIES. Present at the meeting was Calixto Torres, Chairman of QLPS; Kenneth H. Kennedy, Jr.; Luis E. Cotto; Nathalie Feola- Guerrieri of Corporation Counsel; Chief Daryl Roberts and the HPD Assistant Chiefs, Acting Director of Emergency Service; community members & staff. Motion was made and seconded to postpone action on this item for further discussion at the next Quality of Life & Public Safety committee meeting. Respectfully submitted, Calixto Torres, Chairman Received. PROPOSED ORDINANCES: 27. Ordinance amending Chapter 13, Article III, of Code de Novelty Lighters. Proposed ordinance was introduced by Councilman Torres, as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE de NOVELTY LIGHTERS COURT OF COMMON COUNCIL, CITY OF HARTFORD Court of Common Council City of Hartford September 13, 2010 Be It Ordained by the Court of Common Council of the City of Hartford: That Chapter I3, Article m of the Municipal Code be amended by adding Division 10 as follows: See. 13-262 Purpose. It is the purpose of this division is to prohibit a person from selling, or distributing for retail sale in Hartford novelty lighters, which are lighters that are designed to be attractive to children with visual effects, flashing lights, musical sounds and toy-like designs. See. 13-263 Definitions. For purposes of this division "novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that is designed to appear especially attractive to children ten years or younger due to a toy-like design. This includes, but is not limited to, lighters that depict or resemble cartoon characters, toys, guns. watches, musical instruments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate on any fuel, including butane or liquid fuel. See. 13-264 Prohibition. The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the territorial jurisdiction of the City of Hartford is prohibited. See. 13-265 Enforcement. The provisions of this division shall be enforced by the Fire Marshall's Office of the Hartford Fire Department and by the Hartford Police Department This ordinance shall take effect upon adoption. Reading waived. The proposed ordinance was assigned for hearing at 7:00 p.m., Monday, September 20, 2010 and referred to the Quality of Life and Public Safety Committee. RESOLUTIONS 28. *Executive Assistant to Councilman Aponte de Appointment of Olga Colon as. Resolution – Councilman Aponte: Resolved, That Olga Colon is hereby appointed as the Executive Assistant to Councilman Alexander Aponte, and be it further Resolved, That the weekly pay for 0lga Colon, Executive Assistant is $1,730.76 bi- weekly retroactive to August 26, 2010. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 29. Capital Region Council of Governments (CRCOG) de Appointment of Dr. Robert Painter to. Resolution – Assistant Majority Leader Boucher, Council President Winch, Councilman Kennedy, Councilman Torres and Councilman Ritter: Whereas, The City of Hartford has several positions on the Capitol Region Council of Governments (CRCOG) Policy Board, and there has been a vacant Hartford seat open for over a year; and Whereas, A number of critical decisions impacting Hartford and the region will be made by CRCOG regarding such issues as transportation, solid waste disposal, community services and regional cooperation and services; and Whereas, It is important for Hartford to have experienced leadership representing the City in addition m the Mayor and City Council (presently sitting on the Council); and Whereas, Candidate (former councilman) Dr. Robert Painter has strong experience, and leadership on these regional issues; therefore be it Resolved, That Dr. Robert Painter is appointed to serve on the Capital Region Council of Governments (CRCOG) Policy Board. Action postponed until September 27, 2010. 30. Hartford Nights After School Youth Program de Allocation of funds from Fiscal Year 2010 from City contributions toward public programs to. Resolution – Council President Winch: Whereas, The Hartford Knights after school youth program has been recognized as a positive option for hundreds of Hartford children, providing academic support, athletic discipline, interpersonal and life skills; and Whereas, The Hartford Knights have provided these programs at Hartford Elementary Schools with progressive positive outcomes and in and outside of the school house and into the neighborhoods; and Whereas, Athletic programs such as the Hartford Knights that combines education and sports have been cited as a positive youth development best practice; and Whereas, The Hartford Knights have requested support from the City of Hartford to assist in covering funds in 2010 school year to assist in a shortfall of funds to pay for expenses incurred by the organization; now, therefore be it Resolved, That the Court of Common Council does hereby designate up to $15,000 from the Fiscal Year 2010 from the City contributions toward public programs to the Hartford Knights; and be it further Resolved, That the Hartford Knights will report the outcomes of these kids to the Office of Youth Services at the end of the 2010 school year and Hartford Knights must make a more aggressive effort to fundraise for next year so that there will not be a reoccurrence of this shortfall for summer 2011. Referred to the Operations, Management and Budget Committee. 31. The South Hartford Community Alliance Soccer Team de Allocation of funds from the Fiscal Year 2010 from the City Contributions Account. Resolution – Council President Winch: Whereas, The South Hartford Community Alliance is a 5013c organization and are serving 150 Hartford youth between the ages of 8 to 18; and Whereas, The South Hartford Community Alliance is currently in it's 7th year of operation and in 2005 they established a Hartford Youth soccer league to further expand and enhance an anti-violence, after school program for youth to learn through play; and Whereas, The South Hartford Community Alliance summer soccer league consists of a 10 week program, 3 practice sessions weekly and 2 games weekly and this soccer league is open to youth from anywhere in the City of Hartford who meet age and educational requirements, and Whereas, The South Hartford Community Alliance teaches discipline, teamwork, community pride and also assist with homework to enhance student's performance, they also check report cards to make sure participating youth are where they should be academically. This anti-violence soccer program ensures youth are in a controlled environment under adult supervision; and Whereas, The South Hartford Community Alliance soccer team has missed opportunities to play in other towns due to lack of funds, they are asking the City of Hartford to assist with up to $3,000.00 not to miss these opportunities for their youth in the future, now, therefore be it Resolved, That the Court of Common Council does hereby designate up to $3,000.00 from the Fiscal Year 2010 from the City contributions toward public programs to The South Hartford Community Alliance; and be it further Resolved, That The South Hartford Community Alliance soccer team will report outcomes of these funds to the Office of Youth Services at the end of the 2010 school year and The South Hartford Community soccer team must make a more aggressive effort to fundraise for the next year so that there will not be a reoccurrence of this shortfall for summer 2011. Referred to the Operations, Management and Budget Committee 32. Civic and Cultural Affairs Account de Allocation of funds from. Resolution – Assistant Majority Leader Boucher, Council President rJo Winch, Minority Leader Cotto, Councilpersons Kennedy, Torres, Ritter, Aponte and Deutsch: Whereas, Hartford 2000 (H2K) has provided longstanding significant efforts to informing and engaging the Hartford community in the civic life of the city, including such public information and civic engagements initiatives as the Council Preview/Review, Citizens Agenda and Behind the Gavel television commentary; and Whereas, Other community engagement activities including the Neighborhood Training Institute, Elert and Announcement Programs, Neighborhood Revitalization Zone (NRZ) communications and coordination; and Whereas, The Court of Common Council has received a notice that said services to the community have an actual cost of $60,000 per year: and Whereas, The Court of Common Council supports Hartford 2000’s efforts to inform the public and assure an active citizenry central to a healthy, well-functioning community: and therefore be it Resolved, That the Court of Common Council give Special, immediate consideration to supporting this request through review of this request at the next City Council OMB Committee. Referred to the Operations, Management and Budget Committee. 33. Bushnell Park de Waiver of half the fees for the Impact Hartford-Live With Hope Event sponsored by the Southern New England Conference Youth Department at. Resolution – Minority Leader Cotto: Whereas, The Southern New England Conference Youth Department is sponsoring the "Impact Hartford - Live With Hope" event in Bushnell Park on October 2 & 3, 2010 from 10:00am to 8:00pm; and Whereas, The sponsor of this event is requesting 50% fee waiver for city costs associated with this event; and Whereas, On January 28, 2002, the Court of Common Council passed a resolution that provides in part that special event fee waivers, if granted, shall not exceed an amount equal to one-half of the city's costs and fees associated with an event; and Whereas, Prior to the event the Sponsor is required to obtain the proper Insurance Certificate, which holds the city harmless for any claims arising out of the event. This Certificate must be reviewed and approved by the Risk Manager of the Finance Department; now, therefore, be it Resolved, That the Court of Common Council grants a fee waiver to the event sponsor consistent with the recommendation of the Public Works, Parks and Environment Committee. Referred to the Public Works, Parks and Environment Committee. 34. Keney Park de Waiver of half fees the Annual Walk-a-Thon sponsored by the Mount Olive Child Development Center at. Resolution – Minority Leader Cotto: Whereas, The Mount Olive Child Development Center is sponsoring the "Annual Walk- a-Thon" on October 16, 2010 in Keney Park from 10:00am to 1:00 p.m.; and Whereas, The sponsor of this event is requesting 50% fee waiver for city costs associated with this event; and Whereas, On January 28, 2002, the Court of Common Council passed a resolution that provides in part that special event fee waivers, if granted, shall not exceed an amount equal to one-half of the city's costs and fees associated with an event; and Whereas, Prior to the event the Sponsor is required to obtain the proper Insurance Certificate, which holds the city harmless for any claims arising out of the event. This Certificate must be reviewed and approved by the Risk Manager of the Finance Department; now, therefore, be it Resolved, That the Court of Common Council grants a fee waiver to the event sponsor consistent with the recommendation of the Public Works, Parks and Environment Committee. Referred to the Public Works, Parks and Environment Committee. 35. Bushnell Park de Waiver of half the fees, street closures, permission to vend food, beverages, alcohol, and merchandise for the ING Run for Something Better and the ING Hartford Marathon sponsored by the Hartford Marathon Foundation at. Resolution – Minority Leader Cotto: Whereas, The Hartford Marathon Foundation is sponsoring the "ING Run for Something Better" on October 8, 2010 and the “ING Hartford Marathon” on October 9, 2010 from 7:30am to 3:00pm; and Whereas, The sponsor of this event is requesting usage of Bushnell Park; closing of numerous City streets; permission to vend food, beverages, alcohol, and merchandise; and a 50% fee waiver for city fees associated with the events; and Whereas, On January 28, 2002, the Court of Common Council passed a resolution that provided in part that special event fee waivers, if granted, shall not exceed an amount equal to one-half of the city's costs and fees associated with an event; and Whereas, Prior to the event the Sponsor is required to obtain the proper insurance certificate, which holds the city harmless for any claims arising out of the event. This certificate must be reviewed and approved by the Risk Manager of the Finance Department; and Whereas, The permittee is also required where applicable to apply and obtain a liquor permit from the Connecticut Liquor Control Commission. A copy of this approved liquor permit must be presented to the Risk Management Department prior to the event; now, therefore, be it Resolved, That the Court of Common Council's waiver, if any, of fees shall be consistent with the recommendation of the Public Works, Parks, and Environment Committee; and be it further Resolved, That the event sponsor shall work with the City's residents and business owners to inform them of the street closures so that they are not unduly affected by the event; and be it further Resolved, That the event sponsor will provide the police and community organizations, such as the Neighborhood Revitalization Zones, with maps and other informational material so that motorists and others who are traveling through and around the City on the day of the event will be able to reach their destinations with a minimum inconvenience. Referred to the Public Works, Parks and Environment Committee. 36. Bushnell Park de Waiver of half the fees for 2010 Hartford Start! Heart Walk sponsored by the American Heart Association at. Resolution – Minority Leader Cotto: Whereas, The American Heart Association is sponsoring the "2010 Hartford Start Heart Walk" on October 23, 2010 from 9:00am to l:00pm in Bushnell Park and surrounding streets; and Whereas, The sponsor of this event is requesting 50% fee waiver for city costs associated with this event; and Whereas, On January 28, 2002, the Court of Common Council passed a resolution that provides in part that special event fee waivers, if granted, shall not exceed an amount equal to one-half of the city's costs and fees associated with an event; and Whereas, Prior to the event the Sponsor is required to obtain the proper Insurance Certificate, which holds the city harmless for any claims arising out of the event. This Certificate must be reviewed and approved by the Risk Manager of the Finance Department; now, therefore, be it Resolved, That the Court of Common Council grants a fee waiver to the event sponsor consistent with the recommendation of the Public Works, Parks and Environment Committee. Referred to the Public Works, Parks and Environment Committee. 37. The Spanish 7th Day Adventist Church de Request for closure of sections of streets for End it Now - March Against Domestic Violence at. Resolution – Minority Leader Cotto: th Whereas, The Spanish 7 Day Adventist Church is sponsoring "End it Now- March Against Domestic Violence" on September 11, 2010 from 4:00pm to 6:00pm; and Whereas, The event sponsor is requesting a closure of sections of Russ, Park, Washington and Babcock Streets; and Whereas, On January 28, 2002, the Court of Common Council passed a resolution that provides in part that special event fee waivers, if granted, shall not exceed an amount equal to one-half of the city's costs and fees associated with an event; and Whereas, Prior to the event the Sponsor is required to obtain the proper insurance certificate, which holds the city harmless for any claims arising out of the event. This certificate must be reviewed and approved by the Risk Manager of the Finance Department; now, therefore, be it Resolved, That the Court of Common Council's waiver, if any, of fees shall be consistent with the recommendation of the Public Works, Parks, and Environment Committee. Referred to the Public Works, Parks and Environment Committee. 38. Bushnell Park de Waiver of half the fees and street closure for the Memory Walk sponsored by the Alzheimer's Association, Connecticut Chapter at. Resolution – Minority Leader Cotto: Whereas, The Alzheimer's Association, Connecticut Chapter is sponsoring the "Memory Walk" on Sunday, October 3, 2010 from 9:00am to l:00pm in Bushnell Park; and Whereas, The event sponsor is requesting a closure of Trinity Street where it passes through Bushnell Park and a fee waiver; and Whereas, On January 28, 2002, the Court of Common Council passed a resolution that provides in part that special event fee waivers, if granted, shall not exceed an amount equal to one-half of the city's costs and fees associated with an event; and Whereas, Prior to the event the Sponsor is required to obtain the proper insurance certificate, which holds the city harmless for any claims arising out of the event. This certificate must be reviewed and approved by the Risk Manager of the Finance Department; now, therefore, be it Resolved, That the Court of Common Council's waiver, if any, of fees shall be consistent with the recommendation of the Public Works, Parks, and Environment Committee. Referred to the Public Works, Parks and Environment Committee. SUPPLEMENTAL AGENDA MEETING OF THE COURT OF COMMON COUNCIL MEETING SEPTEMBER 13, 2010 Items consider under suspension of Rule XIV were approved by roll-call vote 9 to 0. COMMUNICATIONS: 39. *MAYOR SEGARRA, with accompanying resolution de Appointment of Saundra Kee Borges as Corporation Counsel. Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 40. *MAYOR SEGARRA, with accompanying resolution de Re-appointment of Daryl Roberts as Chief of Police. Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 41. *MAYOR SEGARRA, with accompanying resolution de Appointment of Andrew Jaffee as Director of Emergency Services and Telecommunications. Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. RESOLUTIONS: 42. *MDC Construction de Take immediate action to assure that businesses along corridors are not hindered by. Resolution – Councilwoman Airey-Wilson: Whereas, The success of small businesses are of vital importance to job growth in our community; and Whereas, Ensuring that these small businesses survive and have the tools to prosper are the key to getting a staggering economy in the City of Hartford moving; and Whereas, Area businesses along Albany Avenue and North Main Street have voiced concerns relating to the impact of the MDC Clean Water project, and how it has interfered with the daily operation of businesses, therefore, causing a profit loss in certain instances; now, therefore, be it Resolved, That the Court of Common Council request that the Mayor and the Administration take immediate action to assure that businesses along these corridors are not hindered by the MDC construction; and, be it further Resolved, That a person from the City be assigned to address the concerns of area businesses during the construction period and a monthly progress report shall be made to Council for the next six months. The resolution was passed, as amended, on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 43. Ordinance amending Chapter 2, Article IV, Sections 2-87, and Section 2-92 of Code de Department of Public Works-Organization and Department of Human Services- Organization. Proposed amending the Municipal Code concerning Chapter 2, Article IV, Sections 2-87, and Section 2-92 concerning Department of Public Works-Organization and Department of Human Services-Organization, introduced June 14, 2010, and on which a hearing was held June 21, 2010, and referred to the Public Works, Parks and Environment Committee and action postponed on that date untilJuly 12, 2010, action postponed on that date until August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. Action postponed until September 27, 2010. 44 Ordinance amending Chapter 26, article I, Section 26-1 of Code de Composition of . department; duties. Proposed ordinance amending Chapter 26, Article I, Section 26-1 of the Municipal Code concerning Composition of department; duties, introduced June 14, 2010, on which a hearing was held June 21, 2010, and referred to the Public Works, Parks and Environment Committee, and action postponed on that date untilJuly 12, action postponed on that date until August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. Action postponed until September 27, 2010. 45. EDUCATION COMMITTEE de Request for information for review and approval of the recommended budget of the Board of Education. Report was received from the Chairperson of the Education Committee, as follows: Honorable rJo Winch, Council President, and Members of the Court of Common, Council, Hartford, Conn. September 13, 2010 Dear Council President Winch and Council Members: The Health and Human Services Committee held a Special meeting Thursday September 9, 2010 @ 5p.m. in the Council Chambers. The following committee members were present at the meeting: Health and Human Services committee Chair, Councilman Larry Deutsch, committee member, Councilman Jim Boucher. Also present were, Director of Health and Human Services Carlos Rivera, Corporation Counsel Lori Mizerak, and Hartford BID Michael Zalesky Referred item: Health and Human Services Food Service Late Fee Amnesty This item was originally submitted April 26, 2010 by former Mayor Eddie Perez regarding certain food servicers and restaurants requesting a 50% amnesty on their late fees. Councilman Deutsch inquired about possibly reducing the forgiveness amount but it is set by ordinance and would have to be changed by council. The Health and Human Services Committee is discharging this item for consideration by the Council. Respectfully submitted, Larry Deutsch, Chairperson Action postponed until September 27, 2010. 46. Ordinance amending Code de Adding new section concerning prohibiting political contributions from City contractors to candidates for Municipal office in the City of Hartford. Proposed amending the Municipal Code concerning adding new section concerning prohibiting political contributions from City contractors to candidates for Municipal office in the City of Hartford, introduced June 28, 2010, and on which a hearing was held July 19, 2010, and referred to the Legislative Affairs Committee, and action postponed on that date until August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. Action postponed until September 27, 2010. 47.*(MAYOR SEGARRA) Hartford Commission on Aging de Appointment of Althea E. Cordner to. Resolution – Mayor Segarra: Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 48. *(MAYOR SEGARRA) Hartford Parking Authority de Appointment of Kenneth B. Lerman to. Resolution – Mayor Segarra: Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 49. (MAYOR SEGARRA) Hartford Commission on Aging de Re-appointment of John K. Nelson to. Resolution – Mayor Segarra: Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 50. *(MAYOR SEGARRA) Commission on Lesbian, Gay, Bisexual and Transgender Issues de Appointment of David M. Cedar to. Resolution – Mayor Segarra: Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 51. *(MAYOR SEGARRA) Hartford Commission on Disability Issues de Re-appointment of Cheryl Zeiner to. Resolution – Mayor Segarra: Resolution from Mayor Segarra, introduced August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 52. MAYOR SEGARRA, with accompanying resolution de Authorization to execute purchase and sale agreement for 18 and 20 Liberty Street. HEARING DATE – Monday, September 20, 2010. This resolution was passed on the meeting of August 23, 2010. 53. *MAYOR SEGARRA, with accompanying resolution de Appointment of Ms. Sharon Patterson to the Board of Education. Resolution – Mayor Segarra: Resolution from Mayor Segarra, introduced August 23, 2010, and referred to the Committee of the Whole and action postponed on that date until September 13, 2010, was again considered. Respectfully submitted, Pedro E. Segarra, Mayor The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. 54. Poet Laureate de Creation for the City of Hartford of and Hartford of funds from the City Contributions toward Public Programs to. Resolution from Councilperson Cotto, introduced July 12, 2010, action postponed on that date until August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, was again considered. The resolution was passed, as amended, on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Kennedy, Ritter Torres and Winch; 8. Nays: Councilperson Deutsch; 1. 55. *(COUNCILMAN TORRES) James Boucher de Appointment as Majority Leader for the term Commencing September 13, 2010 and ending December 31, 2011 of. Resolved, That James M. Boucher be and hereby is appointed Majority Leader for the term commencing September 13, 2010 and ending December 31, 2011. The resolution was passed on the following roll-call vote: Yeas: Councilpersons Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Ritter Torres and Winch; 9. Meeting Adjourned Attest: John V. Bazzano Town and City Clerk