01-19-2010 AgendaCall to Order
SCHERTZ CITY COUNCIL
REGULAR SESSION
MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
REGULAR SESSION
Invocation and Pledges of Allegiance to the Flats of the United States and State of
Texas.
EMPLOYEE INTRODUCTIONS /RECOGNITION
Introductions of new employees: (Development Services, Library, Police
Department)
Employee Recognition of accomplishment (City Secretary Office)
PRESENTATIONS
• YMCA Presentation and discussion regarding Recreation Center Marketing and
Business Plan (G. Logan to introduce YMCA Executives)
Hearing of Residents
This time is set -aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited
to no more than S minutes. Discussion by the Council of any item not on the agenda shall
be limited to statements of specific factual information given in response to any inquiry, a
recitation of existing policy in response to an inquiry, and/or a proposal to place the item
on a future agenda. The presiding officer, during the Hearing of Residents portion of the
agenda, will call on those persons who have signed up to speak in the order they have
registered.
Discussion and /or Action Items
Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of January 12, 2010.
2. Pickrell Park Improvement Project — Consideration and /or action approving the
Pickrell Park Improvement Project. (G. Logan/L. Dublin)
Resolution No. 10 -R -04 — Discussion and /or action approving a resolution calling a
General /Special Joint Election with the City of Cibolo and Schertz- Cibolo- Universal
01 -19 -2010 Council Agenda
City Independent School District (SCUCISD) to be held on May 8, 2010 for the
purpose of electing the Mayor and Councilmembers for Place 1, Place 2 and for the
unexpired one -year term of Councilmember Place 4 for said City; making provision
for the conduct of a joint election; contracting with the Elections Administrator of
Guadalupe County to conduct this election. (B. Dennis/M. Spain)
4. Appointment /reappointment of a member to the Lone Star District (Formerly
Austin -San Antonio Intermunicipal Commuter Rail District) - Consideration
and /or action regarding approval of the appointment/reappointment of the City of
Schertz appointment to the Lone Star District Board of Directors. (Mayor /Council)
5. Bid #09- IT- 50- E/F -01 - In -Car Camera /Video System — Consideration and /or
action awarding a bid for In -Car Camera /Video System to L3 Communications /
Mobile- Vision, Inc., in the amount of $154,465.60 and awarding a bid for
upgrading the existing camera system in Police Department Holding Facility to
Lan -Comm Technologies Inc., in the amount of $10,527.00. (M. Clauser)
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, Section 551.087 Deliberation regarding
Economic Development Negotiations.
Called Under Section 551.074 — Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of the City Secretary.
RECONVENE TO REGULAR SESSION
6. Take any action deemed necessary as a result of the Executive Session.
Requests and Announcements
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
10. Announcements by City Manager
• Recognition of City employee actions
01 -19 -2010 City Council Agenda Page - 2 -
• New Departmental initiatives
Adiournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY
THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE
14"' DAY OF JANUARY 2010 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE
PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH
CHAPTER 551, TEXAS GOVERNMENT CODE.
grew�n Devuva's
RENDA DENNIS, TRMC, CMC CITY SECRETAR
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE
CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF
12010.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are
available. If you require special assistance or have a request for sign interpretative services or other services please
call 619 -1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Baldwin
TBA
Interview Board for Boards and Commissions
Investment Advisory Committee
Investment Advisory Committee
Audit Committee
ASA Commuter Rail District Board
Interview Board for Boards and Commissions
AACOG Advisory Committee
AACOG Economic Development
TML Municipal Revenue & Taxation Committee
Councilmember Fowler
Councilmember Carpenter
Interview Board for Boards and Commissions
TMZ II Board
Hal Baldwin Scholarship Committee
Mayor Pro- Tem Scn iola
Councilmember Trayhan
Animal Control Advisory Committee
Audit Committee
Interview Board for Boards and Commissions
Hal Baldwin Scholarship Committee
01 -19 -2010 City Council Agenda Page - 3 -
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Schertz Family YMCA * 621 Westchester Drive * Schertz, TX 78154
210 - 246 -9629 (Temporary number) * www.ymcasatx.org /schertz
What's Up at the YMCA?
Group Exercise * Cardio Equipment
Free Weights * Machine Weights
Kidz Club *Childwatch
Spin Lab * Movies in Motion
Locker Rooms * Rock Climbing Wall
*Basketball Gymnasium
Teen Center * Y -Land
*Community Room
Youth Sports * Kids Programs
*Phase II: Splash Pad
Hours of Operation:
Mon -Fri 5:15a -9p
Sat 7a -6p
Sun 1p -5p
Membership Rates
Facility Membership
Monthly Dues
Joining Fee
Schertz
Joining Fee is $99* per Category ($45 for Student).
Residents
YMCA
One time payment as long as monthly dues are
Special
Membership
current.
Rates
Adult
Individuals 18 - 61 years
$55
$65
Family I
Either Two Adults in the same Household OR One
$72
$80
Adult and Children (under 18) in Household
Family II
Two Adults and Children (under 18) in Household
$87
$95
Senior
$48
$58
Individuals 62 and over
Student
Either Individuals under 18 years OR Full -Time
$37
$45
College Student. If over 18 yrs, must show
registration.
*Schertz residents receive a one -time only waiving of the Joining Fee.
Must provide proof of residency.
Financial Assistance is available through our
Open Doors Scholarship Program.
100% Money Back Guarantee
Within the first 30 days we will gladly refund 100% of all
money paid if you are not satisfied with your YMCA
membership.
No Contracts
You are not required to sign a contract at the YMCA and you
may cancel your membership at anytime with a 30 -day written
notice.
Monthly Dues Options - EFT or Invoice
Automatic Electronic Funds Transfer (EFT) will draft on the Stn
or 20th of the month from your Bank Account or Credit Card
OR pay your monthly dues in advance for six months or twelve
months.
City-Wide Membership Benefits
Members of the Schertz Family YMCA have the benefit of
using any YMCA facility in the Greater San Antonio area.
Program Membership Credit
Program Members upgrading to facility membership will
receive a $30 credit towards the joining fee.
A.W.A.Y. Program
Always Welcome at YMCA's: When you travel for
business or vacation, you may utilize participating
YMCA's in another city on a short -term basis. Call ahead
for locations, fees and restrictions.
1.11.10
Schertz Family YMCA
Frequently Asked Questions
Please use this as a guide when people call about the Schertz Family
YMCA. If you are asked a question you cannot answer, please direct them to
Amanda Gangawer at 246 -9629. If it is a media inquiry, please direct them
to Tuesdae Knight at 246 -9665.
When will the facility open?
Our new Schertz Family YMCA will open between February and March and will be our
newest, and largest addition, to our Association. Construction at the facility is in
progress. More information will be available as construction continues. In the
meantime, please visit the webpage www.ymcasatx.or and select Schertz Family YMCA
for more information.
What are the rates?
Membership
Categories
Schertz
Resident
Rates
YMCA/
City Wide
Joining
Fee*
Adult
55
65
99
Family I
72
80
99
Family II
87
95
99
Senior
48
58
99
Student
37
45
45
Schertz area residents receive a discounted monthly membership.
* Joining Fee is waived (one time) for Schertz area residents.
(Must show proof of address)
If I am not a Schertz resident, can I receive the discount?
At this time, only the city of Schertz residents receive a discount on membership rates.
What if I cannot afford the membership rates?
The YMCA of Greater San Antonio is a non - profit organization that does not turn anyone
away due to the inability to pay. We offer financial assistance for all of our programs,
including membership, through our Open Doors policy. You can find a copy of the Open
Doors application online, or visit one of our 7 local branches for a copy.
What type of amenities will be in the facility?
We are excited about this new journey and proud to serve this great community with
our dynamic programs and services. The facility will feature:
• State -of- the -Art Cardio/ Free Weight Area
• Rock Climbing Wall
• Group Exercise Studio
• Cycling Studio
• Gymnasium
• Community Room
• Childwatch Area
• Teen Center
• YLand
• Locker Rooms
• Movies in Motion (workout on our state of the art cardio equipment and watch a
movie in this unique room)
Are there any specials?
Upon opening a new facility, the YMCA of Greater San Antonio offers the opportunity to
become a charter member. A charter member receives special benefits at sign -up. Also,
City of Schertz residents will receive a special rate (see above) and will receive a ONE
TIME Joining Fee Waiver (if they terminate their membership and rejoin, they will be
required to pay the Joining Fee).
What benefits will a charter member receive?
Charter members are people who sign up for membership at one of our community
events or the Grand Opening. They receive special benefits such as:
• Name recognition on our Charter Member Wall
• An EXCLUSIVE Coupon Book— Good for discounts on YMCA programs and
services
• A Commemorative T -Shirt (TENTATIVE)
• Joining Fee Waived (Savings of up to $99)
When can I sign up for membership?
Community events are being planned now for membership sign -up. Event dates will be
announced soon and posted on the website.
Will there be a pool?
There will not be a pool at the facility. However, in Phase II of our construction, a Splash
Pad will be added. Announcements of the date will be made once we move into the
building.
Where can I get more information about the progress of the facility?
Please visit our website at www.ymcasatx.org and select the Schertz Family YMCA
branch. Here you can find updated information, as well as, community event dates and
activities.
How can I apply for a position?
The job application can be found on the website, or you can pick one up in person. All
applications need to be directed to Jill Tramel. An available position list is not available
yet, however, applications are being taken. Once the position list is developed, it will be
posted on the website.
What is the address of the facility and where is it located?
The new Schertz Family YMCA is located at Schertz Parkway and Elbel Road. The address
is 621 Westchester Drive Schertz, TX 78154.
CITY COUNCIL MEMORANDUM
City Council Meeting: January 19, 2009
Department:
Subject:
BACKGROUND
City Secretary
Minutes
Agenda No. I
On January 12, 2010 a Regular City Council Meeting was held at the Municipal Complex
Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approval of the January 12, 2010 minutes.
ATTACHMENT
Minutes 01 -12 -2010
MINUTES
REGULAR MEETING
January 12, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 12, 2010 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Hal Baldwin
Councilmember John Trayhan
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
Integrated Generalist Debbie Krause
Councilmember Jim Fowler absent
CALL TO ORDER REGULAR MEETING
Mayor Pro -Tem David Scagliola
Councilmember Michael Carpenter
Assistant City Manager John Bierschwale
City Attorney Michael Spain
Mayor Baldwin called the meeting to order at 6:31 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
HEARING OF RESIDENTS
• Steve Layton, 12231 Lost Meadows who spoke regarding Crescent Bend Nature
Park.
• Cheryl & Darrell Davis, 491 Roseman Bridge who spoke regarding the "No
Parking in school zone Ordinance ".
• Mr. Robert Brockman, 1001 Elbel Road who spoke regarding the BVYA meeting
he attended and reported a fence and bridge problem at Thulemeyer Park.
• Jason Norton, student with Kung Jung Mul Sul who invited the Mayor and Council
to the upcoming Bully Prevention and Stranger Danger event on February 6, 2010
from 12:00 p.m. to 2:00 p.m. at Schertz Community Center.
• Gary Coats, citizen who spoke regarding the "No Parking in school zone
Ordinance ".
Discussion and /or Action Items
I. Ordinance No. 10 -11-03 — Discussion and consideration and /or action approving an
ordinance by the City Council of the City of Schertz, Texas authorizing the issuance
of "City of Schertz, Texas Tax Notes, Series 2010 ", levying an annual ad valorem
tax, within the limitations prescribed by law, for the payment of the obligations;
01 -12 -2010 Minutes
prescribing the form, terms, conditions, and resolving other matters incident and
related to the issuance, sale, and delivery of the obligations; authorizing the execution
of a paying agent/registrar agreement and a purchase and investment letter;
complying with the requirements of the letter of representations previously executed
with the depository trust company; and providing an effective date. (M. McLiney /J.
Bierschwale/D. Wait) First and Final Reading
Mayor Baldwin stated that this item had been pulled from the agenda.
2. Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of January 5, 2010.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro -Tem Scagliola to approve the minutes of the regular meeting of January
5, 2010. Vote was unanimous. Motion Carried
3. Ordinance No. 10 -A -01 — Consideration and /or action approving an ordinance
relating to the annexation of approximately 496.59 +/- acres, being approximately
310.04 +/- acres located West of Lost Meadows Subdivision and approximately
186.55 +/- acres known as Crescent Bend Park and related matters. Final Reading
(M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that no changes had been made since the first reading.
Ms. Sanchez stated that action annexes approximately 496.59 acres to include
Crescent Bend Park and CCMA property. No fiscal impact due to properties being
tax exempt.
Ms. Sanchez further stated that after January 12, 2010, City Attorney would provide
notice of annexation to the Texas Secretary of State and Texas Comptroller of Public
Accounts. File certified copy of annexation ordinance in the appropriate County
Clerk's office. Update Municipal Boundary and Extraterritorial Jurisdiction maps,
and City Attorney files preclearance materials with the Department of Justice.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 10 -A -01 final reading. Vote was
unanimous. Motion carried
4. Ordinance No. 10 -F -02 — Consideration and /or action authorizing an amendment
to City Ordinance 07 -F -07 as amended, relating to the Franchise of Cibolo Waste
Incorporated, DBA Bexar Waste Inc., for Municipal Solid Waste Collection and
disposal relating to temporary and permanent roll -off containers, repealing all
ordinances or parts of ordinances in conflict with this Ordinance; and approving an
effective date. Final Reading (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that no changes had been made since first reading. She
further stated action amends the City's solid waste franchise ordinance permitting
01 -12 -2010 Minutes Page - 2 -
homeowners, contractors and commercial contractors to haul off debris from minor
construction and clean -up activity such as roofing repair jobs.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro -Tem Scagliola to approve Ordinance No. 10 -F -02 final reading. Vote was
unanimous. Motion carried
5. RFQ #09- PK- 50 -A -03 - Energy Efficiency, Conservation and Sustainability
Block Grant Energy Performance Contracting — Consideration and /or action
accepting a proposal by McKinstry Essention Inc., for energy auditing and evaluation
services. (G. Logan)
Mayor Baldwin recognized Parks & Recreation Director George Logan who stated
that action accepts proposal and enter into a contract with McKinstry Essention Inc.,
for energy auditing and evaluation services to comply with the November 3, 2009
Council Resolution to pursue an Energy Efficiency and Conservation Block Grant
from the State of Texas. Mr. Logan addressed Council questions, and further stated
the fiscal impact of a maximum of $86,375, is to be paid by the State Energy
Conservation Office grant. Staff recommended approval.
Mayor Baldwin recognized Mayor Pro -Tem Scagliola who moved, seconded by
Councilmember Carpenter to accept the proposal by McKinstry Essention Inc., for
energy auditing and evaluation services. Vote was unanimous. Motion carried
6. First Check Background Services Agreement — Consideration and /or action
awarding a contract to First Check on pre - employment background checks. (M.
Spain/D. Dykes)
Mayor Baldwin recognized Human Resource Director Donna Dykes and City
Attorney Michael Spain who introduced this item stating that action awards pre-
employment background check contract to First Check Background services. Human
Resources will pay fiscal impact of $2,750, a budgeted amount. Staff recommended
approval.
Mayor Baldwin recognized Mayor Pro -Tem Scagliola who moved, seconded by
Councilmember Trayhan to award a contract to First Check for pre - employment
background checks. Vote was unanimous. Motion carried
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property Section 551.087 Deliberation regarding
Economic Development Negotiations.
Mayor Baldwin adjourned into executive session at 7.18 p.m.
01 -12 -2010 Minutes Page - 3 -
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into Regular Session at 7.55 p.m
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to authorize the City Manager to purchase lots in Freeway
Manor for an amount up to and not exceed $3,200. Vote was unanimous. Motion
carried
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Trayhan who stated that he would like
to go back and discuss agenda item 6. He stated Council awarded a contract to First
Check for pre - employment background checks for $2,750, and stated he had a brief
discussion with the City Attorney that the Council may want to consider authorizing
the City Manager to authorize a maximum limit amount so that the item would not
have to come back to Council for approval.
Mayor Baldwin recognized City Attorney Michael Spain who stated that the point
Councilmember Trayhan was making is; does the Council want a contract to come
before them for an amount under $5,000, or just allow the City Manager to
authorize such contracts if this type of expenditures were already included in the
department's budget?
City Manager Don Taylor stated that at present, he brings all contracts to Council
for approval and that has been his practice. City Attorney Michael Spain further
stated that Council certainly has the authority to authorize the City Manager to sign
a contract that is for an approved budgeted expenditure up to a certain amount.
Council concurred that the item of allowing the City Manager to sign contracts for
an approved budgeted expenditure to be brought back at a later agenda date.
Mayor Baldwin requested that the reappointment of a member to the Lone Star
District (Formerly Austin -San Antonio Intermunicipal Commuter Rail District) be
placed on the next agenda.
Councilmember Carpenter also requested the "No Parking Standing... Ordinance be
brought back addressing the sections and the language issues that were brought up
this evening be placed back on a future agenda. He also requested staff get with the
School District regarding the letter they sent out to the residents; Assistant City
Manager Bierschwale stated that he would be setting up the meeting.
COUNCILMEMBER FOWLER ARRIVED AT 7.58 P.M.
01 -12 -2010 Minutes Page - 4 -
Mayor Baldwin also asked that the item considering the City Secretary's salary be
placed on the next agenda.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Baldwin recognized Councilmember Carpenter who stated that he would be
out of town for the January 26, 2010 Council meeting.
Mayor Baldwin announced that Mary Ybarra received her Texas Registered
Municipal Clerk (TRMC) Certification today at the official meeting and Assistant
City Manager David Harris attended the celebration.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced
the first meeting of the Blue Ribbon Committee will be held tomorrow, at 6:00 p.m. at
the Schertz Community Center.
Mayor Baldwin recognized City Engineer Larry Dublin who updated the Council
regarding Lowe's and Mr. Lougher, Lowe's has agreed to pay him for the damages to his
home. Mr. Dublin also stated that Lowe's has taken bids on the construction of the baffle
wall for the Mobil Villa Estates side of the channel and plan to start the project soon.
Mr. Dublin also stated he had a meeting with Larry Akin of Mesa Oaks regarding the
drainage situation of Units 1 & 2 and is currently receiving cost estimates for this project,
which will be included in the financing of Section 3, as well as securing easements from
Mr. Gutierrez and the Doyle's.
Mayor Baldwin also requested Mr. Dublin address his concern regarding the front loaders
speeding down the street next to the school on Brooks Avenue and Aviation Heights. Mr.
Dublin stated that he would get right on this issue.
01 -12 -2010 Minutes Page - 5 -
Mayor Baldwin recognized Assistant City Manager David Harris who stated that staff
has gone through and reviewed the Unified Development Code making changes and in
the near future they would be bring this back to Council.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 8:05 p.m.
Hal Baldwin, Mayor
ATTEST:
Brenda Dennis, TRMC, CMC City Secretary
01 -12 -2010 Minutes Page - 6 -
CITY COUNCIL MEMORANDUM /RESOLUTION
City Council Meeting: January 19, 2010
Department:
Agenda No. 2
Parks, Recreation and Community Services
Subject: Pickrell Park Improvements
BACKGROUND
The City Council of the City of Schertz approved a Pickrell Park improvement Project in the FY
2009 -2010 EDC Budget. The project included: two additional small pavilions, ornamental
perimeter fencing along Oak Street and Aero Street, restroom improvements and masonry
renovations and upgrades on the Pool Bath House and two restrooms within Pickrell Park.
This Project was bid through our Project Management Coordinator Mr. David Dorrough. Mr.
Dorrough was the project manager on the Main Pavilion and restrooms last fiscal year and our
project finished on time for spring rental season. Our Project this year will again have a March 1,
2010 completion time for our spring season.
FISCAL IMPACT
$250,000 from the Economic Development Corporation.
RECOMMENDATION
Staff recommends accepting the attached Pickrell Park Renovation Scope of Work. This project
totals $243,346 plus contingencies not to exceed $250,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
That the above stated staff recommendations are hereby approved and authorized.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz,
Texas this 19th day of January, 2010, at which meeting a quorum was present, held in
accordance with the provisions of Texas Government Code, §551.001 et seq.
APPROVED
Hal Baldwin, Mayor
ATTEST:
Brenda Dennis, TRMC, CMC, City Secretary
ATTACHMENTS
Pickrell Park renovation Project Scope of Work
Itemized Project Breakdown
Bidders List of Local Contractors.
Proiect to include:
- 2 - 12'x16'x8' Existing CIVIL) Restrooms to receive:
- Exterior: limestone wainscoting 4' high and stucco remainder.
Replace exterior doors /hardware and add access control system.
- Interior: Replace all light fixtures, plumbing fixtures, toilet partitions and re- paint.
- 1- 41'x33'x8 -1/2' Existing CIVIL) Pool House to receive:
- Exterior: limestone wainscoting 4' high and stucco remainder.
Replace exterior doors /hardware and add access control system.
- Interior: Replace all light fixtures, plumbing fixtures, toilet partitions and re- paint.
- 1- 30'x40'x9' Existing Structural Steel open -air pavilion to receive:
- Limestone around columns
- Replace light fixtures
-Paint exposed structure
- 2 - NEW 30'x40'x9' Open -air pavilions to include:
- Concrete
- Structural Steel (Fabrication & Erection)
- Limestone around columns
- Standing seam roof
- Electrical & Lighting
-Paint exposed structure
-1- Existing building to receive:
Exterior: Replace fascia (as necessary) and paint.
Pickrell Park Renovation
Scope:
Masonry
Carpentry
Paint
Plumbing
Electrical
Concrete
Structural Steel
Fencing
Doors /Hardware
Doors /Hardware
Toilet Compartments
Access Control System
Contractor:
CG Masonry
(replace fascia)
Jacob's Ladder
Mabry's Plumbing
JLM Electric
Bronco Contractors
Ws Steel Erection
Alamo Fence Co
Architectural Div 8 (supply)
(installation)
Klinger Specialties
Texas Lock
David Dorrough
Sub-Total
1/8/2009
Cost:
$40,195.00
$2,000.00
$15,615.00
$32,521.61
$15,390.00
$22,974.00
$36,298.00
$28,322.00
$3,323.74
$2,000.00
$6,650.00
$11,984.00
$217,273.35
Project Mgmt $26,072.80
Total: $243,346.15
JLMOX33 @yahoo.com,
cgmasonry @att.net.
Bronco Concrete <broncosanantonio @yahoo.com>,
WS Steel Erection <wssteelerection @vahoo.com>,
Alco Electric <alcoelectric @satx.rr.com>,
Tarrillion Masonry <don@tarri Ilion masonry.com >.
"F A. McComas, Inc." <mccomasinc @aol.com>,
Mabry's Plumbing <mabrysplumbinR(ayahoo.com >,
"Jacobs Ladder Professional Painting, LLC" <Jacobsladderl @satx.rr.com>,
zach@ prosteelerectors.com.
aypai nting@satx.rr.com,
el itemasonry @el itemasonrv.com,
p roel ectri ced @satx. rr.co m,
ed @edpconcrete.net,
howethconstruction @gmail.com.
rponceconstruction @sbcglobal. net,
russsteeli nc @aol.com,
da visste el 1767 @ ya hoo. com,
Tustin @ca pcosteel.com,
samuel @sanddplumbing.com.
a Ibertgarza0l @va hoo.com,
Plu mbperfect7 @ vahoo.com,
mikehoga n.ecko@gma il.com,
a bsol ute pwr @ satx. rr.co m.
estimating@ ivelectric.com,
certifiedel ectri ca I @sbcgloba l.net,
novl294t ma @ya hoo.co m,
titan. electric @s bcglobal.n et,
ipa lltexas @sbcgloba I. net,
emoma nn @hotmail.com,
santexsyl @aol.com,
alexsilva 7 @yahoo.com,
irod363 @aol.com,
vazau ez pi ntoresC@aol.com,
SARA RAMIREZ <sarapaints2989@yahoo.com >,
iosefra nco @etxmasonrv.com,
leomonta ivo @a ustin. rr.com,
estimates@ newfi nishconcreteand masonry.com,
iohn @polcanusa.com,
a merica roof @sbc¢loba I.n et,
ra ndvcrow @a ustin.rr.com,
ors @texas.net,
ckzu ber@ hotmail.com,
bravo roofing @vahoo.com,
dave @hallsroofin¢.net,
rick @texas roof i nz.co m,
danielbarron@prostarroofing.com ,
a¢ ua d osto n e @ao I.co m,
pa ul @ huehesconstruction.us,
mercy valleio@sbcalobal.net,
biebconstruction @aol.com,
sales @dec- out.com,
frank @tntconstructiononl in e.com,
adamiboyle @msn.com,
rzuniga005 @satx.rr.com,
crossroadsmechanicalplumbing@msn.com.
ereatda nepl bR @Iycos.com,
mike @pro mast erscon st ructi on.co m,
i.d. p l u m bi nQ @¢ma i I.co m
d¢ ri ialva @specia Itiesdi rect.com,
ewvatt @specia Iti esdirect.com,
ronhealy @aol.com,
kel Iv @deaspecia Ities.com
"Architectural Division 8" <ctiemann @archdiv8.com >,
Pickrell Park Renovation
Quotes
1/8/2009
Scope:
Contractor:
Cost: Notes
Masonry:
CG Masonry
$40,195.00 Rock, Stucc
Tarrillion Masonry
$30,360.00 Rock ONLY
Paint:
Jacob's Ladder
$15,615.00
Sara's Painting
$20,000.00
Plumbing:
Mabry's Plumbing
$32,521.61
Electrical:
JLM Electric
$14,965.00
Pro Electric
$14,924.00
Concrete :
Bronco Contractors
$22,974.00
Ecko Concrete
$27,349.00
Structural Steel:
Ws Steel Erection
$36,298.00 .
Fencing:
Alamo Fence Co
$28,322.00
DeLaGarza Fencing
$28,915.00
Aztec Fence
$27,500.00
Doors /Hardware:
Architectural Div 8
$3,323.74
Toilet Compartments:
Klinger Specialties
$6,650.00
Access Control System:
Texas Lock
$11,984.00
:o, & Brick Lugs
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: January 19, 2010
Department: City Secretary
Subject: Resolution No. 10 -R -04 - Calling the May
8, 2010 City of Schertz General /Special
Joint Election with the City of Cibolo,
SCUC Independent School District and
approving the Guadalupe County Election
Contract
BACKGROUND
In January the City Secretary's office met with Sue Basham, Elections Administrator of
Guadalupe County, SCUC Independent School District and the City of Cibolo to discuss holding
a joint election. Some of the benefits in holding a joint election areas follows:
• Entities would divide the costs equally (creating a savings to each entity)
• Utilize common voting poll locations
• Utilize common voting equipment
• Utilize common voting clerks
The City of Schertz, the SCUC Independent School District, City of Cibolo will hold a Joint
Election on May 8, 2010. The joint election will be contracted through the Elections
Administrator of Guadalupe County, Sue Basham.
FISCAL IMPACT
Cost not to exceed $8993.00 (FY09 -10 Budget total was $13,000)
RECOMMENDATION
It is recommended Council approve Resolution No. 10 -R -04 calling the May 8, 2010 City of
Schertz General /Special Joint election with SCUC Independent School District and the City of as
well as contract with the Elections Administrator of Guadalupe County, Sue Basham.
ATTACHMENTS
Resolution No. 10 -R -04
Contract for Elections Services Agreement — Guadalupe County
Joint Election Agreement — Schertz, Cibolo, SCUCISD
RESOLUTION NO. 10 -R -04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, CALLING A JOINT ELECTION WITH THE
CITY OF SCHERTZ, THE CITY OF CIBOLO AND SCHERTZ -
CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
(SCUCISD) AUTHORITY TO BE HELD ON MAY 8, 2010 FOR THE
PURPOSE OF ELECTING A MAYOR AND COUNCILMEMBERS
FOR PLACE 1, PLACE 2 AND FOR THE ONE -YEAR EXPIRED
TERM OF COUNCILMEMBER PLACE 4 FOR SAID CITY;
MAKING PROVISION FOR THE CONDUCT OF A JOINT
ELECTION; CONTRACTING WITH THE ELECTIONS
ADMINISTRATOR OF GUADALUPE COUNTY TO CONDUCT
THIS ELECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1. An election shall held on May 8, 2010 in and throughout the City of
Schertz, Texas (the "City "), for the purpose of electing a Mayor and Council Places 1 and
2, which are currently held by Hal Baldwin — Mayor, Place 1 - Councilmember Jim
Fowler, and Place 2 - Councilmember David Scagliola. The City will also be conducting
a Special Election to fill the vacancy in Council Place 4 — one year unexpired term.
SECTION 2. The City will hold a joint election with the Schertz - Cibolo- Universal City
Independent School District (the "District ") and the City of Cibolo provided pursuant to
the provisions of a joint election agreement between the City of Schertz, the SCUC
Independent School District, and the City of Cibolo adopted in accordance with the
provisions of Section 271.002, as amended, Texas Election Code (the "Code ").
SECTION 3. The City will enter into an agreement with the Elections Administrator of
Guadalupe County (the "Guadalupe County Elections Administrator ") to conduct all
aspects of this election.
SECTION 4. At said election, the candidate receiving the most votes for Mayor,
Councilmember's Place 1, Place 2, respectively, is declared elected for a term to expire in
May 2012, and the candidate receiving the most votes for Councilmember Place 4
unexpired term, respectively, is declared elected for a term to expire in May 2011. Any
candidate desiring to have his or her name on the Official Ballot for said election shall,
no sooner than February 6, 2010 and no later than March 8, 2010, file with the City
Secretary an application in writing in the form prescribed by the Texas Election Code
requesting that his or her name be placed on the Official Ballot and declaring as a
45867374.1
candidate for Mayor and Councilmembers for Place 1, Place 2, or Place 4. Any person
failing to file said written application for candidacy by the time aforesaid shall not be
entitled to have his or her name printed on the Official Ballot. The name of all eligible
candidates whose applications have been duly and timely filed shall be placed on the
ballot pursuant to a drawing as provided by law.
SECTION 5. Pursuant to Section 61.012, as amended, Texas Election Code, the City
shall provide at least one accessible voting system in each polling place used in the
election. Such voting system shall comply with Texas and federal laws establishing the
requirement for voting systems that permit voters with physical disabilities to cast a
secret ballot. Touch screen machines shall be used for early voting and election day
voting by personal appearance. Certain early voting may be conducted by mail. The
Guadalupe County Elections Administrator shall also utilize a Central Counting Station
(the "Station ") as provided by Section 127.001, et seq., as amended, Texas Election
Code. Guadalupe County Administrator, Sue Basham will serve as Early Voting Clerk
and will appoint the Election Judges and Clerks for each station location, and establish a
written plan for the orderly operation of the Station locations in accordance with the
provisions of the Texas Election Code. The Guadalupe County Elections Administrator
will appoint the Tabulation Supervisor which will also serve as the Programmer for the
Stations. Lastly, the Guadalupe County Elections Administrator will publish notice and
conduct testing on the automatic tabulation equipment relating to the Stations and
conduct instruction for the officials and clerks for the Stations in accordance with the
provisions of the Texas Election Code.
SECTION 6. The City election precincts established for this election shall be the
precincts named on Exhibit A attached hereto. A list of the City election precincts and
the polling places designated for each such election precinct are identified on Exhibit A
to this Resolution, and this Exhibit is incorporated by reference for all purposes. At least
63 days prior to the scheduled election date, the Council, in coordination with the
Guadalupe County Elections Administrator, will identify and formally approve the
appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all
other election officials for this election.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the
County to act as clerks to properly conduct the election. However, if the Presiding Judge
appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks.
The appointment of such clerks may include a person fluent in the Spanish language to
serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid
at the polls on the day of the election. In the absence of the Presiding Judge named
above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge.
The election shall be held in the Schertz Community Center, Bldg. 3, 1400 Schertz
Parkway, Schertz, Texas 78154 as prescribed by applicable law and on the day of the
election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m.
The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is
hereby designated as the main early voting place at which early voting shall be
conducted. Sue Basham, the Elections Administrator of Guadalupe County (whose
mailing address is Post Office Box 1346, Seguin, Texas 78156) is hereby appointed as
45867374.1
the Early Voting Clerk to conduct such early voting in the election. The Early Voting
Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with
the provisions of the Texas Election Code. Early voting shall be conducted at the main
early voting place from April 26, 2010 through May 4, 2010, with the exception of
Saturdays, Sundays, and official State holidays. The hours for early voting shall be from,
and from 8:00 a.m. to 5:00 p.m., Monday, April 26, 2010 through Sunday May 2, 2010
and from 7:00 a.m. to 7:00 p.m. on May 3, 2010 and May 4, 2010 on all other early
voting days. Applications for ballots by mail must be received by the Early Voting Clerk
not later than the close of business on April 30, 2010.
An Early Voting Ballot Board is hereby established for the purpose of processing early
voting results. Sue Basham, Elections Administrator will appoint the Presiding Judge of
the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2)
nor more than ten (10) resident qualified voters of the County to serve as members of the
Early Voting Ballot Board.
SECTION 7. All resident qualified voters of the City shall be permitted to vote at the
early voting location and on the day of the election, such voters shall vote at any one of
the designated polling places. The election shall be held and conducted in accordance
with the provisions of the Texas Election Code, as amended, and the provisions of Texas
Revised Civil Statutes Annotated Chapter 1 of Title 22, as amended, and as may be
required by any other law. All election materials and proceedings shall be printed in both
English and Spanish.
SECTION 8. A substantial copy of this Resolution shall serve as a proper notice of the
election. This notice, including a Spanish translation thereof, shall be posted at the City
Hall not less than twenty -one (21) days prior to the date the election is to be held, and be
published in a newspaper of general circulation in the City, not more than thirty (30)
days, and not less than ten (10) full days prior to the day of the election.
SECTION 9. The Council authorizes the Mayor, or his /her designee, to negotiate and
enter into a joint election agreement with the Districts and the Authority in accordance
with the provisions of the Texas Election Code.
SECTION 10. The Council authorizes the Mayor, or his /her designee, to negotiate and
enter into a contract with the Guadalupe County Elections Administrator to conduct the
election in accordance with the provisions of the Texas Election Code.
SECTION 11. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the Council.
SECTION 12. All Resolutions and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of
such conflict, and the provisions of this Resolution shall be and remain controlling as to
the matters ordered herein.
SECTION 13. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 14. If any provision of this Resolution or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Resolution and
45867374.1
the application of such provision to other persons and circumstances shall nevertheless be
valid, and this Council hereby declares that this Resolution would have been enacted
without such invalid provision.
SECTION 15. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
SECTION 16. By vote of not less than two - thirds of the members of the City Council
present at the meeting at which this Resolution was first considered, the City Council has
determined that action is required, and this Resolution is hereby adopted.
PASSED, APPROVED AND ADOPTED on this the 19th day of January, 2010.
Mayor, City of Schertz, Texas
ATTEST:
Brenda Dennis TRMC, CMC, City Secretary
(SEAL OF CITY)
45867374.1
EXHIBIT A
Early voting Location
Guadalupe County Elections Office
1101 Elbel Road
Schertz, Texas
Monday, April 26th — Sunday, May 2nd 8:00 a.m. to 5:00 p.m.
Monday, May 3rd — Tuesday, May 4th: 7:00 a.m. to 7:00 p.m.
City
Election
Precinct
Presiding Judge
Alternate Judge
Polling Place
lace
City of
TO BE
TO BE
Schertz Community Center
Schertz
DETERMINED
DETERMINED
1400 Schertz Parkway
Building #3
Schertz, Texas 78154
45867374.1
JOINT AGREEMENT ELECTION AGREEMENT BETWEEN THE
CITY OF SCHERTZ, CITY OF CIBOLO AND THE SCHERTZ- CIBOLO-
UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
This joint election agreement is made this day of , 2010, by
and between the City of Schertz, the City of Cibolo and the Schertz - Cibolo- Universal City
Independent School District ( "SCUCISD') (collectively "Entities" or "Participating
Entities').
WHEREAS, the City of Schertz plans to hold a General and Special Election on May 8,
2010, for the purpose of electing a Mayor two (2) city council members for Place 1, Place 2, and
for the unexpired term of Place 4;
WHEREAS, the City of Cibolo plans to hold a General Election on May 8, 2010, for the
purpose of electing a four (4) city council members for Place 1, Place 4, Place 5, and Place 6;
WHEREAS, SCUCISD plans to hold a General Election on May 8, 2010, for the purpose
of electing two (2) school board trustees for Place 6 and Place 7_
WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of
political subdivisions to enter into an agreement to hold joint elections in election precincts that
can be served by common polling places;
WHEREAS, the parties to this agreement serve voters within the same boundaries, and it
would be to the benefit of the City of Schertz, City of Cibolo and SCUCISD, and the citizens and
voters thereof to hold the elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will be held by City of
Schertz, City of Cibolo and SCUCISD under the following terms and conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be
binding on the parties until such written approval is obtained.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
appointed the Joint Early Voting Clerk.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to
use joint ballots.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to
share costs associated with this joint election proportionally where polling places are shared by
more than one entity.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to
be responsible for ordering its own election and publishing notice of the elections separately and
prepare a submission to the United States Department of Justice for preclearance of the election
Page 1 of 6
procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The cost
to publish the notice will be the responsibility of each individual entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates,
and times to be used by the City of Schertz, the City of Cibolo and SCUCISD.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to
tabulate the precinct results and canvassing separately for the City of Schertz, the City of Cibolo
and SCUCISD. The results will be delivered to each entity by facsimile.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
responsible for the safekeeping of election records for this joint election.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
responsible for performing the following duties and to furnish the following services and
equipment pursuant to the election services contract with Guadalupe County:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the
polling places, and prepare the voting equipment for use at the polling places.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time, and place of the electronic tabulating
equipment test and conduct such test and provide copies to entities.
8. Arrange for the use of a central counting station and for the tabulating personnel
needed at the counting station and assist in the preparation of programs and the
test materials for tabulation of the ballots to be used with electronic voting
equipment.
9. Assist in providing the general overall supervision of the election and will provide
to the Canvassing Authority the prescribed election records and reports as
required when a central counting station is used:
(a) Canvassing Summary Report,
(b) Accumulated Totals Report of early voting and Election Day, and
(c) Electronically submit results to the Secretary of State.
10. Ballot type: (For use with mail ballots.) Optical scan.
11. Ballot tabulating equipment to be used:
Premier Touch Screens,
Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
A. Common Early Voting and Election Day Polling Locations
Page 2 of 6
Early voting by personal appearance will be conducted at the following location at the
specified dates and times:
Guadalupe County Office Building - Election Office
1101 Elbel Road
Schertz, TX 78154
Dates: Monday, April 26 — Friday, April 30, 2010
Hours: 8:00 a.m. — 5:00 p.m.
Dates: Monday, May 3 — Tuesday, May 4, 2010
Hours: 7:00 a.m. — 7:00 p.m.
Election Day Locations: The polling places listed below will be open from 7:00 a.m. to
7:00 p.m. on May 8, 2010.
Schertz Community Center Rose Garden Elementary School City of Cibolo City Hall
1400 Schertz Parkway 506 North Blvd. 200 South Main
Schertz, TX 78154 Universal City, TX 78148 Cibolo, TX 78108
(to be shared by the City of (SCUCISD only) (to be shared by the City of
Schertz, and SCUCISD) Cibolo, and SCUCISD)
B. Joint Election Costs: Payment
A. Costs. Access to the common polling location(s) set out herein will be provided
at no charge. However, each Entity remains responsible for all costs associated
with their respective elections only.
All funds expended by each Entity will be from current revenues.
B. Cancellation. In the event any of the parties to this Agreement cancel their
election because of unopposed candidates under Subchapter C of Title I of the
Texas Election Code, the remaining parties shall be responsible for their
respective elections, including all associated costs. The canceling party(ies) shall
be responsible for its respective share of election expenses incurred through the
date that the election is canceled as allocated to that Entity. In the event that a
party cancels its election, the other parties shall continue to have access to the
polling locations at no charge.
If an election is to be canceled by one of the parties, notice will be given to all
parties within two (2) days of cancellation.
C. General Provisions
A. Communications. Throughout the term of this Agreement, the Participating
Entities will engage in ongoing communications concerning the conduct of
Page 3 of 6
the Joint Election and discuss and resolve any problems which might arise
regarding the Joint Election.
B. Effective Date. This Agreement takes effect upon the complete execution of
this Agreement by all Participating Entities.
C. Custodian of Records. Each Participating Entity will serve as their individual
custodian for purposes of election records as required by law. Each
Participating Entity shall appoint a qualified person to act as Custodian of
Records for the Entity to perform the duties imposed by the Election Code on
the custodian of records for its respective entity.
D. Miscellaneous Provisions
A. Venue and Choice of Law. The Entities agree that venue for any dispute
arising under this Agreement will lie in the appropriate courts of Guadalupe
County, Texas. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and the United States of
America.
B. Entire Agreement. This Agreement contains the entire agreement of the
parties relating to the rights herein granted and the obligations herein
assumed and supersedes all prior agreements, including prior election
services contracts relating to each Entity's May 8, 2010 election. Any prior
agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral
representations or modifications concerning this Agreement shall be of no
force or effect, excepting a subsequent modification in writing as provided
herein.
C. Severability. If any provision of this Agreement is found to be invalid, illegal
or unenforceable by a court of competent jurisdiction, such invalidity,
illegality or unenforceability shall not affect the remaining provisions of this
Agreement; and, parties to this Agreement shall perform their obligations
under this Agreement in accordance with the intent of the parties to this
Agreement as expressed in the terms and provisions of this Agreement.
D. Breach. In the event that any Participating Entity breaches any of its
obligations under this Agreement, the non - breaching party shall be entitled to
pursue any and all rights and remedies allowed by law. Nothing in this
Agreement shall be construed as a waiver of any immunity or defense to
which any Participating Entity is entitled under statutory or common law.
E. Other Instruments. The Entities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to
effectuate and carry out the purposes of this Agreement.
Page 4 of 6
F. Mediation. When mediation is acceptable to both parties in resolving a
dispute arising under this Agreement, the parties agree to use a mutually
agreed upon mediator, or a person appointed by a court of competent
jurisdiction, for mediation as described in Section 154.023 of the Texas Civil
Practice and Remedies Code. Unless both parties are satisfied with the result
of the mediation, the mediation will not constitute a final and binding
resolution of the dispute. All communications within the scope of the
mediation shall remain confidential as described in Section 154.023 of the
Texas Civil Practice and Remedies Code, unless both parties agree, in
writing, to waive the confidentiality. Notwithstanding the foregoing, the
parties intend to fully comply with the Texas Open Meetings Act and the
Texas Public Information Act, whenever applicable. The term "confidential'
as used in this Agreement has the same meanings as defined and construed
under the Texas Public Information Act and the Texas Open Meetings Act.
G. Amendment/Modification. Except as otherwise provided, this Agreement
may not be amended, modified, or changed in any respect whatsoever, except
by a further Agreement in writing, duly executed by the parties hereto. No
official, representative, agent, or employee of any Participating Entity has
any authority to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective
Participating Entity.
H. Counterparts. This Agreement may be executed in multiple counterparts, all
of which shall be deemed originals and with the same effect as if all parties
hereto had signed the same document. All of such counterparts shall be
construed together and shall constitute one and the same Agreement.
*****REMAINDER OF PAGE INTENTIONALLY LEFT BLANK***
Page 5 of 6
The undersigned are the duly authorized representatives of the parties' governing bodies, and their
signatures represent adoption and acceptance of the terms and conditions of this agreement.
APPROVED, this day of 2010, by the City Council of the
CITY OF SCHERTZ
APPROVED, this
the CITY OF CIBOLO
Hal Baldwin, Mayor
City of Schertz
day of
Jennifer Hartman, Mayor
City of Cibolo
2010, by the City Council of
APPROVED, this day of , 2010, by the Board of Trustees
of the SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT.
George Ricks, Board President
SCUCISD
Mark Wilson, Board Secretary
SCUCISD
Page 6 of 6
THE STATE OF TEXAS }
}
COUNTY OF GUADAL UPE}
CONTRACT FOR ELECTION SERVICES
THIS CONTRACT made by and between Guadalupe County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "County," and City of
Schertz, hereinafter referred to as "Political Subdivision," pursuant to Texas Election Code
Sections 31.092(a) for an election to be held on May 8, 2010, and to be administered by Sue
Basham, Elections Administrator, hereinafter referred to as "Elections Administrator ".
Said Political Subdivision is holding a General Election, at their expense on May 8, 2010.
The County owns an electronic voting system, the Diebold Touch Screens for Early
Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been
duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as
amended, and is compliant with the accessibility requirements set forth by Texas Election Code
Section 61.012. Political Subdivision desires to use the County's electronic voting system and to
compensate the County for such use.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to the parties, IT IS AGREED as follows:
L ADMINISTRATION
The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle
all aspects of administering the Election as provided in this Contract. Political Subdivision agrees
to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided
in this Contract. The Elections Administrator shall serve as the administrator for the Election;
however, the Political Subdivision shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of the Political Subdivision.
It is understood that other political subdivisions may wish to participate in the use of the
County's electronic voting system and polling places, and it is agreed that Guadalupe County
and the Elections Administrator may enter into other contracts for election services for those
purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that other political subdivisions that may have territory located partially or
wholly within the boundaries of Political Subdivision, and in such case all parties sharing
common territory shall enter into a Joint Election Agreement and share a joint ballot on the
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
Page 1 of 7
At each polling location, joint participants shall share voting equipment and supplies to
the extent possible. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and /or Political Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of the Political Subdivision, including translation to languages other than English.
Political Subdivision shall provide a copy of their election order and notice to the Elections
Administrator. The Political Subdivision shall prepare a submission to the United States
Department of Justice for preclearance of the election procedures and polling places, pursuant to
the Voting Rights Act of 1965, as amended.
III. VOTING LOCATIONS
The Elections Administrator shall arrange for the use of all Election Day voting locations.
Voting locations will be, whenever possible, the usual voting locations for Political Subdivision.
In the event a voting location is not available, the Elections Administrator will arrange for use of
an alternate location with the approval of the Political Subdivision.
If polling places are different from the polling place(s) used by Political Subdivision in
it's most recent election, Political Subdivision agrees to post a notice no later than the day before
the election, at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivision's polling place names and
addresses in effect for election.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Elections Administrator shall recommend election judges, alternate judges and clerks.
Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting
polling place officials who are bilingual (fluent in both English and Spanish).
The Elections Administrator shall notify all election judges of the eligibility requirements
of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all
election judges and clerks. The Elections Administrator shall arrange for the date, time, and
place for presiding election judges to pick up their election supplies. Each presiding election
Page 2 of 7
judge will be sent a letter from the Elections Administrator notifying him /her of their
appointment, the time and location of training and distribution of election supplies, and the
number of election clerks that the presiding judge may appoint.
Each election judge and clerk will receive compensation at an hourly rate established by
Guadalupe County pursuant to Texas Election Code Section 32.091. The election judge will
receive an additional sum of $25.00 for picking up the election supplies prior to Election Day
and for returning the supplies and equipment to the central counting station after the polls close.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to official ballots, sample ballots, voter registration lists, and all forms,
signs and other materials used by the election judges at the voting locations. The Elections
Administrator shall provide the necessary voter registration information, instructions, and other
information needed for the election. If special maps are needed for a particular Political
Subdivision, the Election Administrator will order the maps and pass that charge on to that
particular Political Subdivision.
Political Subdivision shall furnish the Elections Administrator a list of candidates and /or
propositions showing the order and the exact manner in which the candidate names and /or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority's ballot is to be printed). This list shall be delivered to the Elections
Administrator as soon as possible after ballot positions have been determined by each of the
participating authorities. Each participating authority shall be responsible for proofreading and
approving the ballot insofar as it pertains to that authority's candidates and /or propositions.
It is agreed by all parties that at all times and for all purposes hereunder, all election
judges, clerks, and all other personnel involved in this election are independent contractors and
are not employees or agents of the County or Political Subdivision. No statement contained in
this Contract shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County or Political Subdivision, and no election personnel shall be
entitled to the rights, privileges, or benefits of County or Political Subdivision employees except
as otherwise stated herein, nor shall any election personnel hold himself out as an employee or
agent of the County or Political Subdivision, unless considered a county employee as determined
by the Guadalupe County Human Resources Department.
VI. EARLY VOTING
Political Subdivision agrees to appoint the Elections Administrator as the Early Voting
Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent
county employees as deputy early voting clerks. Political Subdivision further agrees that the
Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas
Election Code. Early Voting by personal appearance will be held at the locations, dates, and
Page 3 of 7
times determined by Political Subdivision. Any qualified voter of the Election may vote early
by personal appearance at any one of the early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election
Code. Any requests for early voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall, upon request, provide the Political Subdivision a copy
of the early voting report on a daily basis and a cumulative final early voting report following the
election.
VII. EARLY VOTING BALLOT BOARD
Guadalupe County shall appoint an Early Voting Ballot Board (EVBB) to process early
voting results from the Election. The Presiding Judge, with the assistance of the Elections
Administrator, may appoint two or more additional members to constitute the EVBB. The
Elections Administrator shall determine the number of EVBB members required to efficiently
process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the
central counting station to receive and tabulate the voted ballots in accordance with the
provisions of the Texas Election Code and of this Contract.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Missy Doss
Tabulation Supervisor: Rick Arroues
Presiding Judge: Sue Basham
The Elections Administrator will prepare the unofficial canvass reports after all precincts
have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision
as soon as possible after all returns have been tabulated. All participating authorities shall be
responsible for the official canvass of their respective elections.
X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF
ELECTION
Political Subdivision may withdraw from this Contract should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled
that the election is not needed. Political Subdivision is fully liable for any expenses incurred by
Page 4 of 7
Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by
the withdrawing authority shall be refunded, minus the aforementioned expenses.
XI. RECORDS OF THE ELECTION
Voted ballots and all records of the Election will be given to the Political Subdivision to
be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas
Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement
with another political subdivision, the Elections Administrator is hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of
the Texas Election.
Access to the election records shall be available to each participating authority as well as
to the public in accordance with applicable provisions of the Texas Election Code and the Texas
Public Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the
provisions of Section 66.058 of the Texas Election Code. If records of the election are involved
in any pending election contest, investigation, litigation, or open records request, the Elections
Administrator shall maintain the records until final resolution or until final judgment, whichever
is applicable. It is the responsibility of each participating authority to bring to the attention of the
Elections Administrator any notice of pending election contest, investigation, litigation or open
records request which may be filed with the participating authority.
XIL RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. Political
Subdivision agrees that any recount shall take place at the offices of the Elections Administrator,
and that the Elections Administrator shall serve as Recount Supervisor and the Political
Subdivision's official or employee who performs the duties of a secretary under the Texas
Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
XIII. MISCELLANEOUS PROVISIONS
1. The Elections Administrator shall file copies of this document with the Guadalupe
County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the
Texas Election Code.
2. In the event that legal action is filed contesting Political Subdivision's election under
Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own
Page 5 of 7
expense, legal counsel for the County, the Elections Administrator, and additional election
personnel as necessary.
3. Nothing in this contract prevents any party from taking appropriate legal action against
any other party and /or other election personnel for a breach of this contract or a violation of the
Texas Election Code.
4. The parties agree that under the Constitution and laws of the State of Texas, neither
Guadalupe County nor Political Subdivision can enter into an agreement whereby either party
agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any,
to indemnifying or holding or saving harmless for any reason are hereby deleted.
5. This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Guadalupe County,
Texas.
6. In the event of one of more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this Contract shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
7. All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
8. The waiver by any party of a breach of any provision of this Contract shall not operate
as or be construed as a waiver of any subsequent breach.
9. Any amendments of this Contract shall be of no effect unless in writing and signed by
all parties hereto.
Page 6 of 7
IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has
been executed on behalf of the parties hereto as follows, to -wit:
1. It has on this day of , 2010, been executed on behalf of
Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so
authorizing; and
2. It has on this day of , 2010, been executed on behalf of the
Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS
ATTEST:
City of Schertz:
By: By:
SUE BASHAM Presiding Officer /Authorized Representative
Elections Administrator
Page 7 of 7
Agenda No. 4
CITY COUNCIL MEMORANDUM/RESOLUTION
City Council Meeting: January 19, 2009
Department: Council
Subject: Appointment/Reappointment of elected
official to the Rail District Board -
BACKGROUND
The City of Schertz appoints one member to the Lone Star District Board of Directors. The
City's current appointment is Mayor Hal Baldwin.
In December 2007, the Rail District Board adopted staggered terms so that one -half of the Board
members' terms expire each year. Consequently, Mayor Baldwin's term will expire on February
1, 2010.
RECOMMENDATION
Council approves the reappointment of Mayor Hal Baldwin to the Rail District Board for a term
to expire February 2012.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
Staff recommendations that the above stated are hereby approved and authorized.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz,
Texas this 10th day of November, 2009, at which meeting a quorum was present, held in
accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq.
APPROVED
Hal Baldwin, Mayor
ATTEST:
Brenda Dennis TRMC,CMC, City Secretary
MEMORANDUM
Via e-mail
To: Appointing Jurisdictions
City of Austin Bexar County Capital Metropolitan Transportation Authority
City of San Antonio Hays County Texas Department of Transportation
City of San Marcos Travis County
City of Schertz Williamson County
From: Alison Schulze, AICP, Rail District Administrator /Senior Planner
Date: December 9, 2009
Re: Appointment of Members to Lone Star Rail District Board of Directors
This memo serves to notify appointing jurisdictions that their current representative's term on the Lone Star
Rail District (formerly Austin -San Antonio Rail District) Board of Directors will expire February 1, 2010. In
December 2007, in accordance with the Rail District's statutory authority, the Board of Directors adopted
staggered terms so that one -half of the Board members' terms expire each year. The terms of the Board
members listed below will expire on February 1, 2010. Newly appointed Board members will serve a two -year
term that runs from February 1, 2010 to February 1, 2012. All Board members are eligible to serve another
two -year term, and all Board members remain on the Board until they or another representative is
appointed by the jurisdiction.
Section 3 of the Rail District's statutory authority regarding Board composition and staggered terms is attached
for reference. We request the jurisdictions listed below appoint members to the Rail District Board by
February 2009, and notify the Rail District when the appointment is made.
We appreciate your attention and action on the appointments listed below. If you need additional information,
please contact me by phone (512/589 -2709) or by e -mail (AMSchulze(c�LoneStarRail.com).
The following Board members' terms expire February 1, 2010:
APPOINTING JURISDICTION
CURRENT BOARD MEMBER
City of Austin
Councilmember Sheryl Cole
City of San Antonio
Councilmember John Clamp
City of San Marcos
Councilmember John Thomaides
City of Schertz
Mayor Hal Baldwin
Bexar County (appoint member to represent
Alamo Regional Transit)
AACOG Executive Director Gloria Arriaga
Hays County
Commissioner Will Conley
Travis County (appoint member to represent
Capital Area Rural Transportation System
[CARTS])
CARTS Board Member Commissioner
Debbie Ingalsbe
Williamson County
County Judge Dan A. Gattis
Capital Metropolitan Transportation
Authority
Mayor John Cowman
Texas Transportation Commission
Tullos Wells
P.O. Box 1618, San Marcos, Texas 78667 • 512.558.7360 • www.LoneStarRaii.com
Lone Star Rail District Board Terms
December 9, 2009
�y,'J.•. yr. ;� _ , � :, -� i �."
Rail District Enabling Legislation
As Amended 2009
Vernon's Texas Civil Statutes
Title 112
Chapter 13— Miscellaneous Railroads
Article 6550c -1. Intermunicipal Commuter Rail Districts
Section 3: BOARD
page 2
Sec. 3. (a) A district is governed by a board of directors. The board is responsible for the
management, operation, and control of the district.
(b) The board is composed of the following members:
(1) two public members appointed by the commission;
(2) one elected member of the governing body of each political subdivision that has become a
part of the district under Section 2 of this article;
(3) one elected member appointed by the regional planning organization of which a creating
municipality is a part;
(4) one member appointed by each creating municipality to represent the business community
of the municipality;
(5) one member appointed by each authority created under Chapter 451, Transportation Code,
that serves a creating municipality;
(6) one member appointed by each county in which a creating municipality is located to
represent transportation providers that provide service to rural areas in the county;
(7) one member appointed by each entity that has become a part of the district under Section 2
of this article; and
(8) one member appointed by all other board members to represent all municipalities in the
district that do not otherwise have representation on the board and who shall be an elected
official of one of those municipalities.
(c) If a vacancy occurs on the board, a successor shall be appointed or elected in the same manner
as the original appointment or election. Each member serves a staggered two -year term with as
near as possible to half of the members' terms expiring February 1 of each year. If one or more
members are added to the board, the board members other than the new members shall determine
the lengths of the new members' terms so that one -half, or as near one -half as possible of the
members serve terms expiring each year.
CITY COUNCIL MEMORANDUM /RESOLUTION
City Council Meeting: January 19, 2010
Department:
Agenda No. 5
Police Dept and Information Technologies Dept.
Subject: Approval of bid to replace In -Car Cameras for
Police Dept. and to provide funding to upgrade
the existing camera system in the PD holding
facilitv.
BACKGROUND
Item 1: Approve bid for replacement of in- vehicle cameras for Police Dept.:
In May of 2008 the City purchased a new in -car camera system for the Police Dept. from
Motorola. The Digital Patroller 2 system was an all digital system designed to automate certain
functions and streamline management, storage and retrieval of videos from Police cars.
As a condition of that purchase Motorola gave the City of Schertz a full money -back guarantee
on the equipment. During and after the deployment of that system problems continued to arise
relating to a variety of issues. Ongoing attempts by the vendor, assisted by IT and PD staff were
unsuccessful in resolving all of the issues experienced by PD, and it was decided that it was in
the best interests of the City to remove the Digital Patroller system and go with another vendor.
As a result of this decision, Motorola was contacted and they agreed in writing to provide a full
refund for the system once it was removed from City vehicles and returned to Motorola.
The Police Dept. and the IT Dept. collaborated to create a new set of specifications and, with the
assistance of the Purchasing and Asset Management Dept. bids were solicited for a new system.
Once the bids were reviewed, the decision was made to recommend that the bid be awarded to
L3 Communications / Mobile- Vision, Inc. of Boonton, N.J.
Item 2: Funding to upgrade existing camera system in the PD Holding Facility:
The PD Holding Facility is currently under 24 hour video surveillance. The cameras are
monitored by the dispatchers, and are recorded using a basic video recorder. During recent tests
it was discovered that the DVR (Digital Video Recorder) is failing. The vendor who supplied the
device is no longer in business. This device will have to be replaced. The replacement DVR will
be capable of recording both standard CC -TV cameras and newer IP -based solutions, allowing
for future growth as needed.
FISCAL IMPACT
Item 1: Approve bid for replacement of in- vehicle cameras for Police Dept.:
The final bid amount for the system from L3 Communications / Mobile- Vision, Inc. is
$154,465.60. The amount to be refunded by Motorola for the existing system is $118,645.10;
leaving a balance of $35,811.50. This balance is to be covered by PD grant monies in the amount
of $27,819.00 (This is a Byrnes JAG grant from the US Dept. of Justice for technology
purchases for PD. It was awarded Aug. 7 of 2009.), plus funds saved by delaying purchase of a
new CID vehicle.
Item 2: Funding to upgrade existing camera system in the PD Holding Facility:
A replacement 32 Port DVR with hardware and installation will cost $10,527.00. This is an
unbudgeted expense and will come from the General Fund.
RECOMMENDATION
Staff recommends awarding a bid for in- vehicle cameras to L3 Communications / Mobile -
Vision, Inc., in the amount of $154,465.60.
Staff also recommends awarding a bid for upgrading the existing camera system in Police
Department Holding Facility to Lan -Comm Technologies Inc., in the amount of $10,527.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
That the above stated staff recommendations are hereby approved and authorized.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz,
Texas this 19th day of January, 2010, at which meeting a quorum was present, held in
accordance with the provisions of Texas Government Code, §551.001 et seq.
APPROVED
Hal Baldwin, Mayor
ATTEST:
Brenda Dennis TRMC, CMC, City Secretary
ATTACHMENTS:
Bid Tabulation
Bid Recommendation Letter (Capt. Bane)
Refund Agreement from Motorola
DP2 Settlement Agreement
RELEASE AND SETTLEMENT AGREEMENT
This Release and Settlement Agreement ( "Settlement Agreement ") is made by Motorola, Inc., a
Delaware corporation ( "Motorola ") and the City of Schertz, a political subdivision of the state of
Texas ( "Customer"). Motorola and Customer may be referred to individually as a "Party" and
collectively as the "Parties."
Recitals
Whereas, Motorola accepted two Purchase Orders (the "Purchase Orders ") under which
Customer agreed to purchase, and Motorola agreed to sell, a Video Communications System
with additional service and support (the "System ") as identified in said Purchase Orders (Exhibit
A).
Whereas, Customer paid to Motorola $118,654.10 for the System; and
Whereas, during the course of implementing the System pursuant to the Purchase Orders, issues
arose regarding the Systems ability to record and upload video (the "Video Issue "), which Video
Issue resulted in required service to the System; and
Whereas, Customer claims that certain portions of the System continue to operate incorrectly
according to Customer's expectations; and
Whereas, the Parties have investigated the Video Issue and Customer's claims and have been
unable to achieve a resolution; and
Whereas, the Parties agree that it is not in their respective best interests to dispute the cause of
the Video Issue; and
Whereas, In the interest of reaching an amicable resolution, the Parties wish to enter into this
Settlement Agreement to finally resolve the matter; and
Now, therefore, in consideration of the foregoing recitals of fact, the sufficiency of which is
hereby acknowledged, the Parties agree to be bound as follows:
1. Upon Customer's tender of the System to Motorola, or Motorola's designee, and
execution of this Settlement Agreement by both Parties, Motorola shall pay to
Customer $118,654.10, as a refund of the amount previously paid to Motorola by the
Customer for the System. Tender of the System will be deemed to have occurred
when the System is in Motorola's, or Motorola's designee's, control and custody.
Motorola shall deduct from the refund the value of any missing or damaged products
and related equipment.
2. Motorola agrees to accept the return of the System. Customer or its designee shall, at
Customer's expense, remove the System listed in the attached Purchase Orders —
Exhibit A, and return said equipment to Motorola by March 1, 2010. Exhibit A
details and inventories all pieces of equipment to be returned to Motorola.
3. Customer shall destroy, remove, delete, scrub, or erase all video data from the System
before such equipment is tendered to Motorola or Motorola's designee. However,
Customer may retain, on its server and at its sole expense and risk, any video data
existing as of the date of equipment removal. Motorola makes no representations or
warranties with respect to any video data remaining on the System once the System is
tendered to Motorola or Motorola's designee. Neither Motorola nor Motorola's
designee shall be liable to the Customer for any damages, including but not limited to
damages related to retention, removal, or spoliation of evidence claims resulting from
the loss or destruction of video data. Motorola may, at its sole discretion, dispose of
the System tendered by the Customer in any manner. The Customer shall defend,
indemnify, and hold harmless Motorola and Motorola's designee from and against
any and all claims, damages, or losses of any type related to the loss or destruction of
video data.
4. Except as provided in this paragraph, Customer knowingly and voluntarily releases
and forever discharges Motorola and its officers, directors, employees, agents,
assigns, parents, subsidiaries, predecessors, successors, and related entities, and each
of their officers, directors, employees, agents, and assigns from any and all claims,
lawsuits, demands, causes of action, rights damages, costs or attorneys' fees,
expenses and compensation whatsoever, known or unknown, foreseen or unforeseen,
whether at law or in equity, whether sounding in contract, tort, or otherwise, by
reason of any act, omission, matter, cause, or thing whatsoever related to the
Customer's purchase and use of the System. The Customer acknowledges that this
Settlement Agreement expressly waives every right the Customer has regarding
claims or costs incurred in any way as a result of the Video Issue and its purchase and
use of the System.
5. To the extent permitted by applicable law, the Parties agree to protect the
Confidential Information of the other Party. Confidential Information is defined as
any and all information consistent with the purpose described below that is (i)
disclosed under this Settlement Agreement in oral, written, graphic, machine
recognizable, and /or sample form, being clearly designated, labeled or marked as
confidential or its equivalent or (ii) obtained by examination, testing or analysis of
any hardware, software or any component part thereof provided by discloser to
Customer. This Settlement Agreement and the Purchase Order shall be deemed to be
Confidential Information of both Parties hereto and shall not be disclosed without the
prior written agreement of both Parties or as required by a court of competent
jurisdiction. Confidential Information is and will at all times remain the property of
the disclosing Party, and no grant of any proprietary rights in the Confidential
Information is given or intended, including any express or implied license, other than
the limited right of the recipient to use the Confidential Information in the manner
and to the extent permitted by this Settlement Agreement. This provision shall
survive the expiration or termination of this Settlement Agreement.
Page 2 of 11
6. This Settlement Agreement represents the entire understanding and agreement of the
Parties on the subject matter covered herein. This Settlement Agreement supersedes
all previous communications, representations and agreements between the Parties on
the same subject matter, whether written or oral. No change, modification or
amendment of this Settlement Agreement shall be valid unless in writing and signed
by authorized representatives of both Parties. If a court of competent jurisdiction
finds a term, condition, or provision of this Settlement Agreement to be illegal or
invalid, then the term, condition, or provision shall be deemed severed from this
Settlement Agreement. All other terms, conditions, and provisions of this Settlement
Agreement shall remain in full force and effect.
7. Each Party represents to the other Party that it owns the claims asserted here and that
those claims have not been assigned or transferred to any third party.
8. Neither the existence of this Settlement Agreement, not the settlement and release
accomplished by this Settlement Agreement, shall be cited, used, construed, or
interpreted as an admission of liability by either Party. It is expressly agreed that all
liability, related to the subject matter herein, of any kind whatsoever to the other is
denied and that the sole purpose of this Settlement Agreement is to avoid the costs
and risks attendant to litigation.
9. The Parties' releases contained herein shall not be a bar to enforcing this Settlement
Agreement.
10. Each Party represents that, in the negotiation and execution of this Settlement
Agreement, it had the opportunity to consult an attorney. Prior to the execution of
this Settlement Agreement, the Party's attorney, if any, reviewed this Settlement
Agreement and made any desired changes or recommendations. The Parties
acknowledge that this Settlement Agreement has been negotiated by them and agree
that this Settlement Agreement should not be construed in favor of or against either.
11. This Settlement Agreement shall be binding upon and shall inure to the benefit of
Motorola, the Customer, and their respective successors and permitted assigns.
12. Failure or delay by either Party to exercise any right or power under this Settlement
Agreement will not operate as a waiver of such right or power. For a waiver to be
effective, it must be in writing and signed by a waiving party. An effective waiver of
a right or power shall not be construed as either a future or continuing waiver of that
same right or power or the waiver of any other right or power.
13. Time is of the essence of this Settlement Agreement and each Party shall act
expeditiously to implement the provisions hereof.
14. This Settlement Agreement shall be construed in accordance with the laws of the
State of Illinois in effect as of the date the Settlement Agreement is executed. Venue
Page 3 of 11
for any claim or controversy arising out of this Settlement Agreement shall be in any
court of competent jurisdiction in the State of Texas.
15. This Settlement Agreement may be executed in duplicate counterparts each of which
when so executed and delivered shall be deemed an original, but both counterparts
taken together shall constitute only one instrument.
The individuals signing this Settlement Agreement are fully authorized to sign and to bind
the Parties and all requisite actions to approve such agreement have been taken.
MOTOROLA, INC. CITY OF SCHERTZ, TEXAS
By:
Print Name:
Title:
Date:
By:
Print Name:
Title:
Date:
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
Page 4 of 11
EXHIBIT A
Page 5 of 11
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1
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Page 6 of 11
J��l�T�R�LA
City d Schertr DP2 QuAs 111812008
Myles Clauser
Page 7 of 11
PART NO
DESCRIPTION
D
Z
OT1f
Unit Price
u:awo
9BaA
0Didtd PatnAer 2 .&Standard Base wilt wliout 191 g
Bleda hrriludoa DWWbtl�r Wholasa INc Kit
Tnair moot data pat, G PS = baar trlggor cahl4; made
saasaa; pmmrfOor, and DP flpanathg oyatan 15%
STORAGE BLADE -ore requ ied par m983A
13
$3,149.25
$40,944.25
Sta Blade: 2x104 GB ixsd HDD 1596
13
$735.25
$9,558.25
OPTIONS:
Sta Blads:144 GB Ru aed HDD 1996
0
$0.04
Fm
Ste Blade: 8 GB Solid Stat$ HDD 1996
0
$0.04
FRONT CAMERA [1 reWbad per m00SA, 4 oamaras
rrrex
�
22x Front Camera with LED Blinder, Cable, and
mounti hardware 15%
13
$633.25
$8,232.25
REAR CAMERA a htnalwkh m988A
05098AA
Low light rear camera with Cable 1596
13
$114.75
$1,491.75
Yonder Optiorm {must select at least ore per
m l�a3A
1)5108AA
IAl}T ►4ppica6on soi�vao 1c no oaa aastarwr pnwfdsd hgftp 1596
13
$140.251
$1,823.25
Is DESCRIPTION List Price
PART NO
1)5098AA Crown Victoria Visor Mount 75.5" Length
Fits: 2005, 2006, 2007 with cut fire suppmasion 1996 13 $51.04 $663.
la DESCRIPTION List Pries
PART NO
1)5109AA DP V haw Deluxe Sailware Suite (par car) 115%1 13 $2BO.5GI $3,648.5
Is
PART NO
DESCRIPTION List Price
1)5110AA
Custon Is 15%
0
$72.25
$4.
06111AA
Statlmr Dual 15%
0
$140.25
SD.GG
1)5112AA
Stallmr Dual SL and DSR 15%
13
$140.25
$1,823.25
05114AA
Decatur Genesis ■ Sahrat 15%
0
$72.25
SD.GO
0511SAA
Decatur Genesis ■ 15%
0
$72.25
$4.
1)5113AA
Enkmer MPH 15%
0
$140.25
$D.
OSIIGAA
Digital 10 cob b Mark Butlon 15%
0
$42.54
SD.Oq
051 17A
DP Battery Back Up 1596
0
$288.44
$D.
PART NO
DESCRIPTION List Price
DDN9433A
Pre DP ti CarTraiahr and irstalhaiicn 096
1
$1,350.04
$1,354.
SVC209
Installation of OP2 Unit In Police Car
096
13
$360.04
$4,664.
SVC209
installation Hardware 096
13
$35.04
$455.
Page 7 of 11
Page 8 of 11
"07AA
LCD tdonh r with Cable and mm oft hardware
1996
13
$585A4
$7,735.04
051113AA
kr-Cer Wheless Bridge Kit
Includes r su am. 11G Grid and truric rnourrt
1996
13
$352.75
$4,585.75
TRADE
Trade In Credk on 2 New 13 Unha
2
$1,500.04
43,004.00
PART HD
DESCRIP71aH
Lhrt Prloe
DDH9433A
Prop% DP Sarver Softwers provislank%
installation, Phk Optfml¢ation and Tralnhg an
customer provicled server
0%
2
$1,354.00
$2,700.04
SVC209
Installation of Dockhg Port J Station. Customer lo run
CATO ID beation whole docking port is to go. Customer
also mapansible for pole or dmcl m tug docking station
attaches to.
0%
1
$904A4
$500.00
SVC209
Installetkm hardware
0%1
1
$50.ODI
$54.00
DDH9434A
&Part W had Do&img Station Kit
15%1
1
$212.501
$212.50
TQTAL
$57,446 T5
Page 8 of 11
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0
Page 9 of 11
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M�T+�R�LA
City of Schertz DP2 Quote 1112!2008
Win Clauser
Page 10 of 11
PART NO
DESCRIPTION Llst Prloe
Disc
QTY
Unit Price
Ei tam d
9S$A
Olglitsl Patrdsr 2JO- StwWwd Sass unit wl6rout 5to ego
9lede kaoiadas D rWfrdess INc KH;
T=* most data port, GPB anrarna; h%W cabta; crash
sansora; pmmrf0w, and 1313 Operating getam 15%
5 $3,149.25
$15,746.25
STORAGE BLADE -one had TTi98aA
09U92AA
Sto mp Blade: 2x100 GB RLggefted HDD 15%
5 $755.25
$3,676.25
FRONT CAMERA {1 rage bad per 7T1993A, 4 cameras
max
22x Frnrd Camera with LED Blinder, Cable, and
mourdirg hardware 1596
5 $633.25
$3,165.25
REAR CAMERA (aptlainalwith TFIBM
06098AA
Low light rear camera with Cable 15%
5 $114.75
$573.75
Monitor Options (must sebact at basst one per
m 983A
08106AA
IMOT ApplmSon soityrrao to nn on cretarrwr pmvldad laptop 15%j
5 $140.25
$701.25
In DESCRIPTION Llst Price
PART NO
05209AA Crowe V ictaria Visor Mount 15X- Length
Fits: 2008 1996 5 $51.00 $255.
Is DESCRIPTION Llst Price
PART NO
08109AA OP View Deluxe Software Suite (per 15%1 5 $2BO.501 $1,402.5
la
PART NO
DESCRIPTION
List Price
06110AA
Custom Is 15%
0 $72.25
SD.GO
06111AA
Statlmr Dual 15%
0 $140.25
$D.
08112AA
Stabw Dual SL and DBR 15%
0 $140.25
$D.
08114AA
Decatur Genesis ■ Selix t 15%
0 $72.25
$G.wO
08118AA
Decatur Genesis ■ 15%
0 $72.25
$D.
08113AA
Eniwoar MPH 15%
5 $140.25
$701.25
08118AA
Digital lOcab� York Halloo 1996
0 $42.50
$0.
DDN9578
Shan Interlace Cable 1596
5 $76.50
$362.5
PART NO
DESCRIPTION List Price
SVC209
Installation of OP2 Unit in Police Our
096
5 $390.00
$1,750.DO
SVC220®
Installaticn Hardware 096
5 $35.00
$175.
Page 10 of 11
05107AA LCD Mmfb r vM CabW and mmff ft hmdmm 15% 5 $W!5.ODI $2,975.04
05118AA ki-OBr W kmbss fridge Kh
Includes r su 802.11G Grid and trunk mDunt 159b 5 $352.75 $1,763.75
TOTAL $93,288.75
Page 11 of 11
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SCHERTZ POLICE DEPARTMENT
1400 SCHERTZ PARKWAY BLDG 6 • SCHERTZ, TEXAS 78154
OFFICE: 210 - 619 -1200 • FAX: (210) 619 -1220
To: Chief S. Starr
Rita Duprat_Waldo
From: Captain Marc Bane
RE: Camera Proposals
On December 30, 2009 at approximately 1100 hours, Chief Starr, Asst. Chief Harris, Myles Clauser, Dallas Berry and I met
to review the submitted bids for in the in -car video systems. The purpose of this meeting was to verify that the minimum specified
camera system requirements were met and to make a final decision on the participating venders.
The first vendor reviewed was Digital Ally. One concern with the Digital Ally is that it is a rear view mirror mount system
and that the rear seat camera is incorporated into this rearview mirror. With the rear seat camera mounted outside of the prisoner
compartment, it does not allow for a full view of the prisoner. The final quote from Digital Ally was obviously not tabulated correctly
and is unclear of what the final price quote would be. Digital Ally did not meet the specified requirements of the bid.
The second vendor reviewed was ICOP. This camera system has previously been installed into one of our patrol units for
demonstration purposes and we are familiar with its operation. With our current vehicle configuration, the placement of the in dash
monitor is obstructed by the mobile computer. The ICOP camera system does not meet the specified requirements of the bid with the
in -car and motorcycle monitor requirements.
The third vendor reviewed was U Mobile Vision. This camera system has previously been installed into one of our patrol
units for demonstration purposes and we are familiar with its operation. The U Mobile Vision is currently being used on our
motorcycles and has performed well since being installed. U Mobile Vision meets all minimum requirements.
The fourth vendor reviewed was Kratos. We are not familiar with Kratos and based on the references provided by Kratos,
there are no other Kratos users in the State of Texas. Kratos does meet the minimum requirements. The bid submitted by Kratos was
the highest bid when compared to the other three vendors.
It is our recommendation to award the in car camera / video system bid to U Mobile Vision. U Mobile Vision meets the
required specifications and provided a competitive bid.
1301 E Algonquin Road
Schaumburg, IL 60196
October 26, 2009
Myles Clauser
Manager, Information Technologies
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154 -1634
Dear Mr. Clauser:
Motorola has recently received your letter informing of your intentions to remove the DP2 camera systems
and to request a full refund of the 18 systems that City of Schertz has purchased and installed since May
2008.
1 apologize that Motorola has not been able to respond to your needs for correction of issues as quickly
as you expected, and with the sustainability that you are entitled to. Your frustration and your current lack
of confidence in the Digital Patroller product are understandable given the experiences you and the City
of Schertz have endured.
While I understand your intentions, please let me assure you, I take your concerns very seriously. Be
assured that Motorola is willing to continue to work with you to avoid service interruption to your Police
Department by taking any corrective actions necessary to your satisfaction, and to extend your system
warranty through 12/31/09. Alternatively, we can work through the process to refund your mobile video
investment to you.
Motorola considers you and the City of Schertz to be valuable customers of Motorola, so if you are certain
we can not restore your confidence in the DP2 system, Motorola offers to provide:
• Refund of the 18 DP2 systems, in the amount of $118,654.10; as confirmed through our finance
team (see page 2)
• Waiver of the 20% restocking fee
• Technical support during a 45 day period while you are de- installing and decommissioning your
DP2 system, and
• Release and Settlement Agreement addressing the details
Thank you for your continued patience for once again considering what Motorola will do to address your
valid concerns and minimize disruptions to the City of Schertz. Please call me at 847 - 538 -6075 to further
discuss this matter and any questions that you may have regarding this information.
Sincerely,
Bill Kibby
Senior Business & Mobile Video Products Manager
Motorola
Schertz, TX:
DP2 equipment ordered and invoices paid to Motorola:
Motorola Order Number
Invoice
Amount
Product
621023580093
$ 31,207.35
DP2
958530080076
$ 5,685.00
DP2 install
958530080076
$ 81,761.75
DP2
$ 118,654.10