* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. THIS IS MAYOR CHORD. [00:00:01] I CALLED THE MEETING [1. CALL TO ORDER] TO ORDER AT 6:00 PM AND STATE THAT THE NOTICE OF THE SPECIAL CITY COUNCIL MEETING WAS DULY POSTED. THERE WILL NOW BE A ROLL CALL THE CITY COUNCIL AS I CALL YOUR NAME, PLEASE STATE HERE OUR PRESENT MAYOR PRO TEM PRESTON. PRESENT COUNCIL MEMBER EDWARDS COUNCIL MEMBER STERLING COUNCIL MEMBER STARLING COUNCIL MEMBER BONEY PRESIDENT. COUNCIL MEMBER MORALIST PRESENT. COUNCIL MEMBER EMORY PRESENT. NOW WE'LL DO A ROLL CALL OF CITY STAFF. INTERIM CITY MANAGER. BILL ATKINSON. YEAH, CITY ATTORNEY PRESENT. DID HE SECRETARY MARIA JACKSON. PRESENT DIRECTOR OF COMMUNICATIONS. STACY WALKER, PRESIDENT DIRECTOR OF HUMAN RESOURCES AND ORGANIZATIONAL DEVELOPMENT. MARTIN WILSON. PRESENT PURCHASING, PURCHASING SLASH RISK RISK MANAGER. SHANNON, PLEASANT PRESENT. IS THERE ANYONE ON THE CALL THAT I DID NOT CALL? OKAY. I'M NOT HEARING ANYONE. UM, THERE'S ALSO NO ONE'S SIGNED UP FOR PUBLIC COMMENTS. IF THERE'S NO OBJECTION, I WOULD LIKE TO GO INTO, UM, EXECUTIVE SESSION FOR JUST A MINUTE. UM, AM I HEARING THE OBJECTION MAYOR, WE DISCUSSING A SPECIFIC CANDIDATES OR ARE WE TALKING ABOUT, UH, THE POSTED AGENDA ITEM, WHICH IS THE SEARCH FIRMS. UM, IT'S A SPECIFIC CANDIDATE, BUT, UM, IE JOYCE WILL COME IN AND GIVE, I DON'T KNOW IF SHE WANTS TO DO IT EITHER OR, BUT SHE WILL COME IN AND GIVE SOME INFORMATION ON WHY WE'RE HAVING TO EXTEND THE UH, SURVEY. BUT I DON'T KNOW. SHE COULD PROBABLY MAYBE EAT. JOYCE, ARE YOU THERE? I AM THERE. UH, MAYOR, THIS IS JOYCE EMO. THAT WOULD BE GIVEN AN OPEN SESSION BECAUSE IT RELATES TO THE TRACTOR. UM, SO IF YOU'D LIKE ME TO, IF YOU'D LIKE TO GO AHEAD AND ADDRESS THAT ITEM, I CAN GO INTO THAT IF YOU WOULD LIKE. WELL, WE, WE NEED TO GO INTO EXECUTIVE SESSION FIRST AND IF YOU CAN, YOU CAN ADDRESS THAT WHEN WE COME OUT. OH, YES MA'AM. ALRIGHTY. THE TIME IS SIX [3. CLOSED EXECUTIVE SESSION] OH TWO. THE CITY COUNCIL WILL NOW GO INTO EXECUTIVE SESSION PURSUANT TO A FIVE FIVE 1.07 FOR THE TEXTS OF THE TEXAS GOVERNMENT CODE. UH, DOUG WILL PUT US IN EXECUTIVE SESSION IF Y'ALL GIVE HIM A MINUTE. [4. RECONVENE] THE TIME IS NOW SIX 35 AND CITY COUNCIL IS NOT OPEN SESSION. [2. DISCUSSION/POSSIBLE ACTION] WE WILL START WITH AGENDA ITEM TWO. A CONSIDERING DISCUSSED EXECUTIVE SEARCH FIRM SERVICES FOR THE CITY MANAGER POSITION AND AN EXTENSION OF THE DEADLINE FOR THE COMMUNITY SURVEY. SO THE, UM, IT'S THE, THE ITEM BASICALLY IS PERTAINING TO, UH, THE DEADLINE THAT WAS SET IN THE MOTION ON LAST WEEK I BELIEVE, UM, WAS FOR THE 31ST, BUT AS OF THURSDAY, YOU, JOYCE, ARE YOU THERE AS A THURSDAY? UH, STAFF. OKAY. STAFF STILL DID NOT HAVE A CONTRACT IN PLACE. UH, WHICH WOULD HAVE BASICALLY PUT US NOW ALMOST TO THE 31ST BEFORE WE POSSIBLY COULD HAVE HAD ANYTHING READY. ANY JOYCE, DID Y'ALL EVER HEAR BACK FROM THEM? WE DID. AND SHANNON IS ON THE LINE. I CAN GIVE A BRIEF TIMELINE AND OVERVIEW AND SHANNON CAN FILL IN ANY OF THE DETAILS THAT I'VE ASKED. BUT AS YOU MENTIONED ON MAY 18TH, YOU ALL DECIDED KIND OF WHAT YOU WANTED TO SEE FROM THE FIRM. UM, ON MAY 18TH, I ALSO RECEIVED A COPY OF THE AGREEMENT FOR PURCHASING. I REVIEWED THAT ON MAY 19TH. SHANNON SAID THAT OUT ON MAY 19TH, WHEN YOU, UH, WHEN WE SPOKE TO YOU, I BELIEVE LAST WEEK, WE HAD NOT RECEIVED COMMENTS BACK, UM, AT THAT TIME OR, UH, MAY 3RD, MAY 21ST, THE, UH, FIRM ACTUALLY SENT OVER A COPY OF THEIR ENGAGEMENT LETTER INSTEAD OF RESPONDING WITH COMMENTS TO THE CITY'S, UH, STANDARD CONTRACT. AND, UH, THIS AFTERNOON SHANNON RECEIVED THEIR COMMENTS ON THE CITY STANDARD CONTRACT. SO I DO HAVE THAT IN MY QUEUE. I SHOULD BE ABLE TO PROVIDE THEM WITH COMMENTS TOMORROW, UM, AND WE WILL, UH, OR CAN TAKE IT FROM THERE. SO WITH THAT BEING SAID, UM, ARE WE, ARE WE ABLE TO, I, I, WELL WE ARE, WE'RE ABLE TO EXTEND THE COMMUNITY SURVEY DEADLINE [00:05:01] OR THE SERVICES DEADLINE RATHER ALTOGETHER. CERTAINLY IF A PERSON FROM THE PREVAILING, UH, SIDE OF THE LAST, UM, THE LAST ACTION LAST MONDAY MAKES THAT MOTION AND THEN FIVE OF YOU AGREED TO SUSPEND THE RULE TO RECONSIDER IT, TO TAKE UP THE, THE, UH, THAT SURVEY IN PARTICULAR BECAUSE THAT WAS, THAT WAS VOTED ON. OKAY. AND IF, BUT IF FIVE, IT EXPIRES ON THE 31ST, THEN WHAT? CORRECT, CORRECT. BASED ON THE MOTION? YES MA'AM. OKAY. OKAY. ALRIGHTY. ANY QUESTIONS FOR EACH CHOICE? YEAH, THIS IS COUNCILMAN EMORY. CAN YOU HEAR ME? YES SIR. WHEN YOU SAY IT EXPIRES, YEAH, GIVE ME A DEFINITION OF WHEN YOU SAY IT EXPIRES, THAT MEANS IT'S NO LONGER UH, IN FULL FORCE. THE AUTHORIZATION FOR THE COMMUNITY SURVEY THAT WAS VOTED ON LAST MONDAY WAS TO HAVE THE FIRM COMPLETE A COMMUNITY SURVEY BY MAY 31ST WE ARE STILL, AS I HAD MENTIONED, WE'RE STILL WORKING WITH BAKER TILLY ON CONTRACTUAL TERMS AND WORKING THROUGH SOME ISSUES THEY HAVE WITH SOME LANGUAGE. UH, THEREFORE THEY HAVEN'T STARTED THAT COMMUNITY SURVEY. SO I BELIEVE, AND I DON'T WANT TO SPEAK FOR THE MAYOR, BUT I BELIEVE THAT HER CONCERN IS THAT MAY 31ST IS A FEW DAYS FROM NOW. AND IF WE COMPLETE THE NEGOTIATION FOR THIS CONTRACT TOMORROW, THERE WILL ONLY BE TWO OR THREE DAYS FOR THAT COMMUNITY SURVEY. SO EGO IS THE, THAT MEANS JUST THE COMMUNITY SURVEY OR DOES THAT INCLUDE ALL THE SERVICES THAT WE REQUEST IT? WHAT WOULD BE EXPIRE ON THE 31ST OH, THAT'S ONLY THE COMMUNITY SURVEY. THE MOTION WAS ONLY TO HAVE THAT SURVEY COMPLETED BY MAY 31ST. IT'S NOT THE, OKAY. SO WE HAVE NOT SET A DEADLINE FOR THE SERVICES, CORRECT? NO MA'AM. OKAY. OKAY. THANK YOU. UH, THIS WAS COUNCILMAN EMORY. UH, AS FAR AS, UH, YOU KNOW, OBVIOUSLY THE 31ST IS ON ATTAINABLE. SO, UH, AND I, MY FEELING IS IT'S PREMATURE TO ESTABLISH A DEADLINE, UH, FOR THIS WEB BASED SURVEY, UH, UNTIL UH, UH, WE KNOW WHAT QUESTIONS WILL BE ASKED, UH, IN THEIR SURVEY WHO WILL, UH, THEY BE ASKED GOV AND HOW ARE THOSE INDIVIDUALS IDENTIFIED AND THEN WHAT WOULD WE DO WITH THE RESULTS ONCE A, THAT SURVEY IS COMPLETED. SO, UH, AT THIS POINT, UH, I THINK UNTIL WE GET MORE DEFINITION FROM, UM, FROM BAKER OR TILLY IS TO, UH, A RESPONSE TO THOSE, UH, THOSE ITEMS. UH, IT'S KINDA, I, IT SEEMS TO ME IT'S KIND OF DIFFICULT TO TRY TO SET A DEADLINE, UH, BEFORE WE HAVE THAT INFORMATION. THANK YOU. ANYONE ELSE? NOW I KIND OF GRIEVANCE, UH, COUNCIL MEMBER EMORY. YEAH. UM, THIS IS COUNCIL MEMBER BONEY. I JUST WANTED TO SAY THAT THAT WAS SOME OF THE CONVERSATION THAT I WAS HAVING LAST TIME. UH, AND UH, WHEN IT WAS IN RESPONSE TO IT, UH, MANY OF MY COLLEAGUES WERE SAYING, I DON'T KNOW WHY THAT THERE IS NO CLARITY. WELL THIS IS ONE OF THE REASONS WHY I WAS ASKING SOME OF THOSE QUESTIONS, PARTICULARLY ABOUT WHETHER THERE WAS A CONTRACT ALREADY IN PLACE, BUT SEEMINGLY THAT IT HASN'T, WE MADE A MOTION TO EXECUTE SOMETHING THAT THEY HADN'T AGREED TO YET. AND SO I THINK THAT IT WOULD MAKE, MAKE MORE SENSE FOR US TO, UH, NOT MAKE ANY MOTIONS UNTIL WE ACTUALLY HAVE A CONTRACT IN PLACE THAT WOULD PUT US ON SOME SORT OF A TIMELINE THAT THE ENTITIES THAT WE'RE TALKING ABOUT HAVING AGREED TO. SO, UM, I JUST THINK THAT, YOU KNOW, WE JUST NEED TO LIKE COUNCIL MEMBER EMORY SAYING, ASK OURSELVES AND ANSWER SOME OF THESE QUESTIONS TO MAKE SURE THAT WE'RE, UH, ON THE SAME PAGE AND THAT WE DON'T PUT THE CART BEFORE THE HORSE THERE, THERE WAS A CONTRACT EMAIL, DIDN'T YOU SAY THEY SUBMITTED THAT THE CONTRACT DURING THE RFP PROCESS? CORRECT. IT'S MY UNDERSTANDING. AND THE CITY TYPICALLY DOES [00:10:01] THIS WITH RFQ RFP AS IN OTHER SOLICITATION. THE CITY TYPICALLY PROVIDES A CONTRACT, A TEMPLATE FOR VENDORS SO THAT THEY KNOW WHAT THE CITY'S TERMS ARE AHEAD OF TIME. AND SO IT'S MY UNDERSTANDING AND SHANNON IS ON ON THE LINE SO SHE CAN HOP IN IF NEEDED, BUT IT'S MY UNDERSTANDING THAT THAT TEMPLATE WAS INCLUDED WITH THIS PROPOSAL AS WELL. AND IF I MAY, JUST A QUICK POINT OF CLARIFICATION. THIS IS JOYCE AGAIN. ALTHOUGH A CONTRACT WAS NOT IN PLACE, AUTHORIZATION HAD BEEN GIVEN, UM, SO THERE WAS THE AUTHORIZATION IN PLACE AND TYPICALLY, I MEAN TYPICALLY THERE'S NOT A LOT OF BACK AND FORTH THAT GOES ON AFTER AUTHORIZATION. WELL LOOK EASY ONCE I HAVE A QUESTION IN THE CONTRACT THAT WAS SUBMITTED, UM, I HELPED ME UNDERSTAND CAUSE YOU, YOU KNOW, THESE CONTRACTS BETTER THAN I DO. UM, THE CONTRACT THAT WAS SUBMITTED WAS FOR THE FULL SERVICES THAT WERE TO BE RENDERED, CORRECT. NOT W WHEN WE MADE, WHEN WE MADE THE DECISION TO ONLY USE THE FIRM FOR SELECT SERVICES PER THE CONTRACT OF WERE THEY SUPPOSED TO DO SOMETHING TO UNDERSTAND WHAT IT IS THAT WE WANTED, WHERE THEY WERE SUPPOSED TO AGREE WITH WHAT WE STATED, LIKE WHAT THE MOTION WAS. THIS MOST RECENT MEETING, I JUST, I GUESS I'M JUST UNCLEAR AS TO WHAT IT WAS. AND SO THE CONTRACT THAT THEY SAW, UM, AND I'M ASSUMING, AND SHANNON CORRECT ME IF I'M WRONG, BUT THE CONTRACT WOULDN'T HAVE SEEN AT THEIR PROPOSAL LEVEL WAS FOR ALL SERVICES. BUT AFTER YOU ALL MADE THE MOTION TO HAVE SELECTED SERVICES, THE CHANGE THAT I MADE WHEN I RECEIVED THE CONTRACT ON MAY 18TH WAS TO CHANGE THE LANGUAGE TO SPECIFICALLY STATE SELECTED SERVICES AS DOCUMENTED BY SOME SORT OF ACTION BY COUNCIL. SO THE CONTRACTS THAT THEY RECEIVED ON MAY 19TH INCLUDED THAT LANGUAGE WERE SELECTED SERVICES. BUT YES, THE CONTRACT THEY WOULD HAVE SEEN, UM, IN, UH, WHENEVER THE LIMITATION WAS PUT OUT WOULD HAVE BEEN FOR ALL SERVICES. BUT I ALSO BELIEVE, AND SHANNON AGAIN HOP IN HERE IF I'M WRONG, BUT I BELIEVE THAT SHADED PROVIDED THEM WITH A DOCUMENT SHOWING THE CHANGES BETWEEN THAT PROPOSAL CONTRACT AND THE CONTRACT THAT WAS SUBMITTED LAST WEEK. SO THEY WOULD HAVE BEEN ABLE TO SEE WHAT THOSE THOSE CHANGES WERE. YEAH. UH, THIS WAS COUNCILMAN EMORY. DID THEY RESPOND TO THE, UH, THE NEW CONTRACT WITH, UH, WHICH LIMITED THE SERVICES THAT THEY PROVIDE PACKAGE CORRESPONDENCE TODAY? THIS IS THE CHOICE THEY RESPONDED TODAY. YES. SO YEAH, I TH I APOLOGIZE. UH, COUNCIL MEMBER EMORY, I COULDN'T UNDERSTAND WHAT YOU JUST SAID. RECEIVED OUR CONTRACT, UH, THEIR COMMENTS THROUGH OUR CONTRACT. DO WE KNOW WHAT THEY'RE WILLING TO ACCEPT AS, UH, THE SERVICES THAT WE'RE ASKING THEM TO PERFORM? UM, IT'S AN, IT'S MY RECOLLECTION THAT MOST OF THEIR COMMENTS RELATED TO INTELLECTUAL PROPERTY AND INDEMNIFICATION AND NOT TO SERVICES TO BE PERFORMED. SO IS COUNCILWOMAN STERLING. SO DID THEY, UH, PROVIDE, UM, UH, ANY INFORMATION IN REGARDS TO WHETHER OR NOT THERE WAS A SIGNIFICANT DIFFERENCE BETWEEN SPECIFIC SERVICES AND FULL SERVICES IN THE FIRST, THE SECOND CONTRACT? NO. IF YOU WILL RECALL, YOU ALL HAVE THEM SUBMIT A PRICE SHEET AND THAT PRICE SHEET OR UM, KIND OF SERVICE SELECTION SHEET WAS PROVIDED TO YOU ALL, I BELIEVE LAST WEEK. AND SO THAT IS A SHEET THAT WAS INCLUDED AS THE EXHIBIT FOR YOU ALL TO SELECT SPECIFIC SERVICES. SO, UH, THE, THE WAY THE CONTRACT IS DRAFTED IS IT'S UP TO THE AMOUNT THAT, UH, THE TOTAL AMOUNT FOR ALL SERVICES, WHICH WAS APPROXIMATELY $24,000. UM, SO THAT'S A CAP AMOUNT, BUT THEN YOU ALL ARE GET TO SELECT YOUR DESIRED SERVICES FROM THAT. BUT THEY DIDN'T, THERE WERE NO COMMENTS ON THAT. OKAY. THAT'S ALL RIGHT. THANK YOU. UH, THE, AGAIN, THIS WAS COUNCILMAN EMORY. SO AT THIS POINT, I [00:15:01] GUESS I'M CONFUSED. DO YOU GET ANYTHING FROM THEM INDICATING THAT THEY WILL ACCEPT, UH, A CONTRACT FROM US JUST ASKING FOR QUOTES, SELECTED SERVICES THAT THEY PROVIDE? ARE THEY STILL, UH, GOING ON THE ASSUMPTION THAT THEIR CONTRACT IS FOR, UH, ALL INCLUSIVE PROFESSIONAL SERVICES? AND THIS IS THE JOYS? I HAVE TO BELIEVE THAT THEY LOOKED AT THE, THEY READ THE CONTRACTS THAT WAS PROVIDED TO THEM AND THE CONTRACT THAT WAS PROVIDED TO THEM WAS FOR SELECTED SERVICES ON AN AS NEEDED BASIS AS DETERMINED BY THE COUNCIL. SO I KNOW THERE ARE ATTORNEYS LOOKED AT THE CONTRACT. I HAVE TO BELIEVE THAT THEIR REPRESENTATIVES DID AS WELL. BUT I CAN'T, I HAVE NOT TALKED TO THEM PERSONALLY. I CANNOT CONFIRM THAT A HUNDRED PERCENT BECAUSE I HAVEN'T, I HAVEN'T TALKED TO THEM PERSONALLY. I'VE ONLY RECEIVED COMMENTS BACK AND THERE WERE NO COMMENTS THAT SPECIFIC SECTION. OKAY. GOODNESS. ON EMORY, DO YOU FEEL THAT WE SHOULD MMM. A BRUNETTE WITH THAT DON'T GO ANY FURTHER. SHANNON. I KNOW I ASKED THAT LAST WEEK, SO I'M NOT SURE IF SHANNON HAS DONE THAT, BUT SHANNON, IF YOU DON'T MIND STEPPING IN HERE, I'M SORRY, COUNCILMAN EMORY. UM, ON MY END, YOU'RE, YOU WERE SORT OF BREAKING UP AND I COULDN'T UNDERSTAND THIS. IS SHANNON PLEASANT? I'M SORRY. CAN YOU PLEASE REPEAT THAT? WE RECEIVED A, AN AGREEMENT FROM BAKER THAT THEY WILL ACCEPT A CONTRACT FROM US JUST FOR SELECTED SERVICES. WHY IS IT, IS IT PRUDENT TO TRY TO CONTINUE AND GO FORWARD UNTIL WE GET THAT COMMITMENT THEM THAT THEY WILL ACCEPT A CONTRACT FROM US OR JUST BLAND SERVICES? IN MY PROFESSIONAL OPINION, NO, WE DO NOT HAVE AN EXECUTED CONTRACT YET. SO WE'RE AT, I WOULDN'T SUGGEST MOVING FORWARD WITH ANYTHING UNTIL WE HAVE AN EXECUTED CONTRACT. THIS IS SHANNON PLEASANT. YEAH, IT'S FLOYD EMORY AND THE EXECUTED CONTRACT WILL BE SOMETHING THAT THEY WOULD HAVE, UH, AGREED TO AND UH, OFFICIALLY SENT BACK TO US. IS THAT CORRECT? THAT'S CORRECT. THEY'VE SENT THEIR, THEIR CHANGES FROM THEIR LEGAL DEPARTMENT. I FORWARDED THEM TO EAT JOYCE TODAY FOUR AND, UM, SHE HAS TO REVIEW THEIR REVISIONS AND SEND THOSE BACK TO THEM. AND THEN WE NEED TO SEE IF THEY HAVE ANY ADDITIONAL REVISIONS FROM WHAT, UH, E-JUICE RESPONSE TO THEM. AGAIN, THIS IS COUNCILMAN EMORY. SHOULDN'T WE GET AN ACKNOWLEDGEMENT FROM THEM THAT THEY WILL IN FACT, EXCEPT THAT, UH, THAT, UH, WHERE WE ARE ONLY ASKING FOR CERTAIN SERVICES OFF OF THEIR MENU OF ITEMS ARE, ARE THEY IN POSITION WHERE THEY'RE GOING TO SAY THAT THEY WILL PROVIDE A PROFESSIONAL SERVICES? UM, I'M NOT SURE IF COUNSEL MEMBER CAUSE HE'S, HE'S BREAKING IN AND GOING IN AND OUT, BUT UM, I'M NOT SURE COUNCIL MEMBER EMORY IS ASKING. UH, IS THAT SOMETHING THEY WILL DO? I'VE TALKED TO BAKER TILLY AND THEY WILL, UM, DO IT BY SERVICES THAT WE NEED. UH, SO I'M NOT SURE IF THAT'S THE QUESTION HE'S ASKING BECAUSE HE KEEPS GOING IN AND OUT. UM, BUT I'VE, I'VE SPOKEN TO THEM AND THEY SAID THEY DON'T HAVE AN ISSUE WITH, UH, SELECTING THE SERVICES WANT, UM, IF HE'S JUST WANTING ACKNOWLEDGEMENT, UM, THE, WHATEVER THEY SENT BACK OVER THE CONTRACT THEY SEND BACK OVER. THAT SHOULD BE ACKNOWLEDGEMENT THAT THEY'RE OKAY. CAUSE WE ONLY SENT OVER THE SERVICES THAT WE WANTED. OKAY. THIS WAS COUNCILMAN EMORY. CAN YOU HEAR ME? YES, YES, WE CAN HEAR YOU. YEAH. AGAIN, UH, W WHAT I, AND, AND MAYBE WHAT, UH, UH, METAPHOR INDICATED, UH, THAT THE, THE UH, DISCUSSION SHE HAD WITH BAKER TILLY, BUT I'M KNOW THE, WE HAVE [00:20:01] A WRITTEN CONTRACT AND SOMETHING THAT ACKNOWLEDGES IN WRITING THAT THEY WILL ACCEPT THAT, UH, YOU KNOW, WE, WE NEED TO I THINK TAKE A STEP BACK UNTIL WE GET THAT WRITTEN ACKNOWLEDGEMENT. YEAH. UH, SHANNON, WHAT YOU, WHAT YOU GUYS SENT OVER, WASN'T IT JUST THE SERVICES THAT WE WERE REQUESTING? WELL, UM, WE USE THEIR, UM, ITEMIZED PRICELESS AS AN EXHIBIT AND ONE AND IN SECTION ONE FOR SERVICES IT SAYS CONTRACTOR WILL PERFORM ONE OR MORE SERVICES AND OR PROVIDE PRODUCTS AS SET FORTH IN EXHIBIT A. SO THEY'RE UNDER THE, THEY UNDERSTAND THAT YOU WILL SELECT ONE OR MORE SERVICES FOR THAT EXHIBIT. OKAY. STAN, AND DO WE HAVE THIS COUNCIL MEMBER? BONY. DO WE HAVE AN IDEA FOR AN ABSOLUTE ON HOW MUCH WE'RE LOOKING AT PAYING FOR THESE SERVICES? SELECT SERVICE. THIS IS SHANNON PLEASANT? NO SIR, WE DON'T, UM, WE DON'T HAVE AN EXECUTED AGREEMENT YET. THEY, THEY HAVE AGREED ON THE, THE ITEMIZED PRICES FOR EACH SERVICE. HOWEVER, WE STILL DO NOT HAVE AN EXECUTED AGREEMENT. SO MY UNDERSTANDING WHAT THAT WOULD MEAN. WE DON'T HAVE AN AGREEMENT YET. ARE THERE ANY OTHER QUESTIONS FOR STAFF? THERE DOESN'T APPEAR TO BE A CONSENSUS ON EXTENDING OR I GUESS FROM THE CONVERSATION. UM, UM, MAJORITY A MAJOR MAJORITY FIVE OF US TO EXTEND THE DATE. IS THAT, IS THAT WHAT I'M HEARING? WE DON'T WANT TO EXTEND THE DATE YET MAYOR, THIS IS COUNCIL MEMBER PRESTON. I WOULD LIKE TO EXTEND THE DATE BECAUSE I FEEL LIKE IT IS A PART OF WHAT WE'RE TRYING TO GET ACCOMPLISHED. A MISSION IS SOMETHING THAT NEEDS TO BE DONE. I THINK THAT I'M OF THE OPINION WE CAN WORK THROUGH THESE UM, THINGS THAT SEEMINGLY MAY BE OUTSTANDING FOR THINGS THAT NEED TO BE CLARIFIED RATHER. BUT I WOULD LIKE TO GO AHEAD AND EXTEND THE DATE. UM, AND THAT'S FINE. UM, COUNCIL MEMBER EMORY OF THE DATE IS THE END OF JUNE. DO YOU THINK THAT'S ENOUGH TIME FOR YOUR QUESTIONS TO GET ANSWERED IN THE SURVEY TO GO OUT? I GUESS WHAT I WOULD ASK YOU TO HAVE THAT DISCUSSION WITH, WITH A BIG PENALTY AND ASK THEM, UH, YOU KNOW, HERE'S WHAT WE AS COUNSELOR ARE TRYING TO, UH, GLEAN FROM THEIR, UH, THEIR SURVEY AND HAVE THEM TELL US WHAT IS A REASONABLE DATE SET. UH, YOU KNOW, 30 DAYS, UH, A LITTLE MORE THAN 30 DAYS, YOU KNOW, WOULD SEEM LIKE IT, IT MIGHT BE ADEQUATE, BUT UNTIL, YOU KNOW, WE KNOW THAT WE'RE GOING TO, YOU KNOW, GET A, UH, A COMPREHENSIVE, UH, SURVEY, UH, BY AND FROM THE PEOPLE THAT WE ARE, WE ARE GOING TO HAVE TO IDENTIFY, UH, YEAH, I GUESS I'M A LITTLE, UH, UNEASY OF TRYING TO SHOW THE DATE UNTIL WE THAT INFORMATION. WELL, AND I, AND I WILL SAY THERE'S, WHEN, CAUSE I, THAT'S SPECIFICALLY WHAT I SPOKE WITH BAKER TILLY ABOUT. UM, THEY ADVISE ME THAT IT'S HOW LONG WE WANT TO DO. THE SURVEY IS UP TO US. UM, THEY SAID TWO WEEKS WAS PLENTY OF TIME FOR THEM. A MONTH. IT WAS OUR DECISION TWO WEEKS A MONTH. IT'S, IT'S OUR DECISION ON HOW LONG, BUT TWO WEEKS WAS ENOUGH TIME. BUT OF COURSE AT THIS POINT, UM, WE'VE LOST A WEEK. SO TWO WEEKS WOULD NOT BE ENOUGH WITH THE CONTRACT ISSUE GOING BACK AND FORTH. SO THAT'S WHY I SAID IF WE GIVE THEM, UH, TILL THE END OF JUNE, THAT'S, IS THAT ENOUGH TIME, DO YOU FEEL TO GET YOUR QUESTIONS ASKED FOR THEM TO GET IT OUT THERE? IF NOT, THAT'S FINE. UM, I GUESS IT'S COUNSELING IS COUNCIL MEMBER. UH, PRESTON WANTS TO MAKE A MOTION. WE CAN SEE IF IT PASSES. IF NOT, WE'LL JUST MOVE ON. YEAH. MAYOR, THIS IS COUNCIL MEMBER PRESTON WOULD LIKE TO MAKE A MOTION TO EXTEND THE SERVICES TO ALLOW THEM TO SAY NEED INTO EXTENDED UNTIL JUNE. YES. [00:25:01] JUNE. WHAT DATE? LAST DAY OF JUNE. JUNE 31ST THIS IS JOYCE. AND IF I MAY, JUST TO REMINDER BUDDY, UM, UM, YOU WILL NEED A, UH, FIVE VOTES BECAUSE OF AN ITEM. ALL RIGHT. IS THERE A SECOND? OKAY, I WILL SECOND THAT MOTION. COUNCILMEMBER EDWARDS. I HAVE A MOTION AND A SECOND. ARE THEY, IS THERE ANY OTHER DISCUSSION BEFORE I DO? GO AHEAD, JOYCE. UM, SO, UM, IF, IF IN FACT THE, I HAVE TWO QUESTIONS ACTUALLY, IF IN FACT JUNE 30TH COMES AND THERE IS NO CONTRACT SOLIDIFIED OR, WELL, LET ME ASK YOU THIS, CAN BAKER TILLY BACK OFF OR BACK AWAY FROM, FROM THIS CONTRACT OR ARE THEY OBLIGATED TO MOVE FORWARD WITH US OR IN THE CITY SOLICITATION? THERE IS USUALLY AN, UH, SHANNON, I DON'T, I'M ASSUMING YOU PROBABLY HAVE IT RIGHT IN FRONT OF YOU, BUT MOST OF OUR SOLICITATIONS HAVE A 90 DAY EXPIRATION DATE. SO ASSUMING THAT JUNE 30TH IS WITHIN THAT TIMEFRAME, THEN THEY WOULD NOT BE ABLE TO NECESSARILY BACK OUT OF THE SOLICITATION. UM, BUT I WOULD ASSUME THAT WE'LL PROBABLY BE ABLE TO GET THE CONTRACT FINALIZED THIS WEEK. SO I DON'T THINK IT WOULD EVEN GO TO JUNE 30TH. RIGHT. I HEAR WHAT YOU'RE SAYING. I JUST, I'M JUST PLAYING DEVIL'S ADVOCATE JUST FOR MY OWN SAKE BECAUSE I JUST WANT TO MAKE SURE I'M CLEAR. SO IF THEY IN FACT CHOSE NOT TO MOVE FORWARD DOING THIS AND WE MADE THIS VOTE, UM, WE WOULD, WE WOULD THEN BE STILL HELD BY THIS TIMEFRAME, BUT THEN WE'D HAVE TO TALK ABOUT ANOTHER, POTENTIALLY ANOTHER FIRM, RIGHT. SO IF THEY WANTED TO PULL OUT OF THE PROPOSED AGREEMENT, THEN THERE WOULD, I MEAN, I THINK SHANNON MENTIONED THIS EARLIER, YOU HAVE TO HAVE TWO PARTIES TO MUTUALLY AGREE TO COME TO AN AGREEMENT. SO IF THEY WANTED TO PULL OUT, UM, EVEN WITH THE EXPLORATION, UH, LANGUAGE AND THE SOLICITATION, I MEAN, I WOULD THINK THAT THE CITY WOULD AUTHORIZE THEM TO PULL OUT AND YOU'D PROBABLY GO BACK OUT FOR BID. WELL, UM, UM, THIS IS SHANNON PLEASANT. WE FOR RFPS, I'D PIN TO, TO EXTEND THAT, EXTEND THE TIME. NOT FOR, UH, SINCE IT'S NOT A BID, IT'S ACTUALLY FOR 180 DAYS BECAUSE THERE'S ALWAYS MORE DETAILED SERVICES FOR RFPS. THERE YOU GO. THANK YOU. SHANNON. THIS IS ANTHONY. OH, GO AHEAD JEFF. YOU HAD TWO QUESTIONS ABOUT THAT. SO SHANNON, IN YOUR PROFESSIONAL OPINION, MMM. WOULD IT BE WHO OF US TOO? WAIT UNTIL WE GET A SECURED CONTRACT AND THEN MAKE THIS DECISION OR TO GO AHEAD AND MOVE FORWARD BECAUSE YOU HAVE A STRONG BELIEF THAT IT COULD BE, IT WILL BE SOLIDIFIED THIS WEEK IN, IN MY PROFESSIONAL OPINION, I THINK WE, IT'S, WE SHOULD WAIT UNTIL WE HAVE AN EXECUTED CONTRACT. UM, LEGAL JUST SENT THEIR REVISIONS OVER TO US. I MEAN, THEIR LEGAL DEPARTMENT JUST SENT THEIR REVISIONS TO US. I JUST SENT THEM TO JOYCE. SO SHE NEEDS TO RESPOND TO THOSE WHICH WILL GO BACK TO THEIR LEGAL DEPARTMENT AND THEY STILL MAKE, MAY MAKE ADDITIONAL CHANGES, WHICH HAVE TO GO BACK TO TELL THEM MY PROFESSIONAL OPINION. I THINK WE SHOULD WAIT UNTIL WE HAVE AN EXECUTED CONTRACT. YEAH. ANY OTHER QUESTIONS? UM, YEAH, ONE MORE. IF THE, IF IN FACT, UH, THE, UM, 31ST COMES, UH, W WHAT WE CURRENTLY HAVE, UH, OR WHAT WAS CURRENTLY VOTED ON AND IT COMES AND NOTHING HAPPENS AT THAT TIMEFRAME. WHAT HAPPENS? THIS IS THE JOYOUS AND NOTHING WOULD HAPPEN BECAUSE THERE'S NOT, UM, [00:30:01] I MEAN, THEY COULD CERTAINLY ATTEMPT TO PERFORM A SURVEY ASSUMING THAT A CONTRACT IS EXECUTED. UH, BUT IT, IT SEEMS LIKE THAT WAS, I MEAN THAT WOULD BE UNREASONABLE. I WOULD THINK THAT THAT WOULD BE UNREASONABLE FOR THEM. I GUESS MY QUESTION WAS, IF THE CONTRACT IS SOLIDIFIED, SAY ON JUNE 1ST OR, UM, BEFORE OR AFTER GET OUT, SHOULD I SAY AFTER MAY 31ST I'M ASSUMING THAT IT IS. THEN YOU ALL COULD KIND OF LIKE WHAT YOU'RE DOING NOW. YOU COULD HAVE ANOTHER ITEM ON THE AGENDA AND IF FIVE OF YOU AUTHORIZED RECONSIDERATION, THEN YOU COULD VOTE ON EXTENDING THE DEADLINE TO HAVE THAT COMMUNITY SURVEY . BUT AS IT STANDS RIGHT NOW, YOU, JOYCE, WE HAVEN'T SOLIDIFIED A CONTRACT. SO THE DATE IS NOT WRITTEN, HAS NOT BEEN FINALIZED IN THE CONTRACT YET. CORRECT? WELL, NOT IN THE CONTRACT, BUT YOU'VE MADE YOU HAVE A, AN AUTHORIZATION FROM A MAJORITY OF COUNCIL. SO YOU ALL HAVE MADE A DECISION TO HAVE A COMPLETED BY MAY 31ST. SO IN ORDER TO CHANGE THAT, UH, Y'ALL, YOU ALL HAVE TO, IF IT'S WHAT YOU ALL DESIRE, YOU HAVE TO MAKE ANOTHER DECISION. OKAY. SO IS THAT, BUT I GUESS MY QUESTION IS, IS THAT IN THE CONTRACT LANGUAGE RIGHT NOW? OH NO, NO MA'AM. NO MA'AM. SO THE WAY IT'S PROPOSED CONTRACT IS DRAFTED IS THAT THE CITY WOULD SUBMIT DOCUMENTATION OF AN ACTION BY COUNCIL TELLING THE VENDOR, THE CONTRACTOR WHAT TO DO. SO IN THIS INSTANCE, LET'S SAY WE HAD A, WE HAD SECURED A CONTRACT LAST WEEK, UM, MARTIN RUSSELL, THE HUMAN RESOURCES DIRECTOR WITH THE MITT DRAFT MINUTES FROM YOUR LAST MEETING AT WHICH YOU ALL MADE A DECISION TO HAVE THE COMMUNITY SURVEY AND OTHER SERVICES PERFORMED. AND THOSE MINUTES WOULD SERVE AS DOCUMENTATION OF YOUR DECISION AS A BODY. SO ANY FUTURE BASED ON HOW THE CONTRACT IS DRAFTED NOW, ANY FUTURE, UM, DESIRE TO HAVE CERTAIN SERVICES WOULD BE BASED ON YOUR, YOUR ACTION. AND I SAY YOU ARE A MAJORITY OF THE COUNCIL'S ACTION. OKAY. SO BASICALLY THE CONTRACT NOW IS RELATIVE OR IT'S TIED TO THE ACTUAL SERVICES, NOT NECESSARILY THE DEADLINE OF THE SERVICES. CORRECT. YEAH. OKAY. OKAY. YOU JOYCE, THIS IS ANTHONY. SO IF WE DON'T EXTEND THE DEADLINE, THEN THERE WILL NOT BE A COMMUNITY INPUT OPPORTUNITY. YOU ALL COULD. THIS IS JOYCE. YOU ALL COULD, IF, LET'S SAY YOU DON'T DO IT TONIGHT OR YOU JUST FOUR OR FIVE OF YOU DECIDE NOT TO VOTE FOR THIS ITEM TONIGHT, YOU COULD ASK STAFF TO PLACE THIS ITEM ON THE AGENDA AGAIN ON JUNE 1ST OR SOME SUBSEQUENT COUNCIL MEETING. AT WHICH POINT, IF FIVE OF YOU AGREE TO SUSPEND THE RULES TO ALLOW THE BODY TO RECONSIDER THE ITEM, YOU ALL COULD THEN DECIDE TO EXTEND IT FOR A TO SOME OTHER DATE. WOW. OKAY. REALLY MESSY. THANK YOU. I, IF I, IF I WAS NOT CLEAR, PLEASE LET ME KNOW. I APOLOGIZE. I KNOW IT'S KIND OF MULTIPLE ITEMS, BUT IF I COULD MAKE THAT ANY MORE CLEAR, I'M HAPPY TO TRY. NO, THAT WAS CLEAR AND WHAT SHANNON SAID WAS VERY CLEAR AS WELL, SO THANK YOU FOR THAT INFORMATION EXPOSED TO YOU. I HAVE, THIS IS SHANNON PLEASANT I HAVE A QUESTION. COULD, UM, IN THE CONTRACT NOW, WHILE YOU'RE MAKING YOUR REVISIONS, CAN YOU, UM, PUT IN AN ITEM THAT SAYS AFTER EXECUTION, THE, UM, THE SURVEY HAS TO BE COMPLETED WITHIN 30 DAYS? I DON'T RECOMMEND INCLUDING THAT TYPE OF LANGUAGE IN THE CONTRACT ITSELF BECAUSE, UH, WE'RE WORKING WITH A, UH, A GOVERNING BODY THAT COULD JUST, LIKE IN THIS SITUATION, THEY COULD DECIDE AT SOME POINT TO CHANGE THAT. SO I THINK IT'S BETTER TO RELY UPON A SUPPLEMENTAL DOCUMENTATION OF THEIR ACTIONS AND DECISIONS TO COME UP WITH THAT. OKAY. THANK YOU. ANY OTHER QUESTIONS? OKAY. OKAY. WELL, WE HAVE A MOTION AND A SECOND TO MOVE [00:35:01] FORWARD WITH JUNE 30TH FOR THE, UH, SURVEY DEADLINE. SO I WILL DO A ROLL CALL VOTE. MAYOR PRO TEM PRESTON MADE THE MOTION COUNCIL MEMBER EDWARDS MADE THE SECOND COUNCIL MEMBER STERLING? YES. COUNCIL MEMBER BONNIE? NO. COUNCIL MEMBER RUELAS NO. COUNCIL MEMBER EMORY? NO. AND THIS IS MAYOR FORD? YES. SO THAT MOTION FAILS BECAUSE WE NEEDED FIVE TO CHANGE THE DATE. ALRIGHT. UM, SO AT THIS POINT, OKAY. IF I MAY, JOYCE, IF I MAY ASK ONE QUESTION BEFORE YOU ALL ADJOURN, IS THERE A DESIRE TO PUT THIS BACK ON THE JUNE 1ST AGENDA? WELL, BUT AT THAT POINT WE WOULD NEED WHAT? A MOTION TO SUSPEND THE RULES AND THEN STILL A, UH, A SUPER MAJORITY. CORRECT. OKAY. I MEAN, IF SOMEBODY WANTS TO PUT IT ON THERE, THAT'S FINE. I DON'T, YOU KNOW, MAKES ME, I'M OKAY WITH IT. OKAY. I DON'T KNOW. WOULD ANYBODY LIKE TO PUT IT ON THE AGENDA FOR THE JUNE 1ST AGENDA? ALRIGHTY. I'M NOT HEARING ANYTHING. ALRIGHTY. WELL, WE ARE JOURNAL. IF THERE'S NO FURTHER BUSINESS. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.