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08-01-2017 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL AUGUST 1, 2017 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Councilmember Thompson) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Proclamation • Proclamation recognizing Stevens Johnson Syndrome (SJS). (Mayor Carpenter /Kelly Gutierrez) New Employee Recognition Parks — Seasonal Park Worker I Aaron Taylor, Kathleen Nolan (B. James /C. VanZandt /L. Shrum) Business Office — Utility Billing Clerk I, Christine Stevens (B. James /R. Rosales) Municipal. Court — Deputy Court Clerk Heather Rocha (B. James /P. Veliz) Police — Patrol Officer Miranda Martin (D. Wait /M. Casas) Promotion Ceremony • Promotion ceremony for newly appointed Fire Chief Kade Long. (J. Kessel /D. Wait) 08 -01- 2017- Council Agenda 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 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 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. Workshop • Update and discussion on the natatorium arrangement with Schertz Cibolo Universal. City Independent School District (SCUCISD). (B. James) • Discussion regarding the proposed FY201.7 -1.8 City of Schertz Fee changes. (B. James /J. Walters) • Discussion and/or action regarding City Council Rules of Conduct and Procedures (Item requested by Mayor Carpenter) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Approval of the minutes of the Regular Meeting of July 25, 2017. Q. Kessel /B. Dennis) 2. Ordinance No. 17 -T -24 — Consideration and /or action approving an Ordinance by the City Council authorizing a budget amendment to fund the SchertzQ Event. Final Reading (S. Gonzalez /L. Klepper /M. Spence) 3. Excused Council Absences — Consideration and/or action excusing City Council Member Angelina Kiser's absence for the following date: July 25, 2017. (B. Dennis /Mayor /Council) Discussion Items 4. Scheduling a Special Meeting of the City Council — Consideration and /or action scheduling a Special Meeting of the City Council for August 29, 2017. (B. James /J. Walters) 5. Resolution No. 17 -R -57 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, calling an election to be held on November 7, 2017 for the purpose of electing councilmembers for place 3, place 4 and place 5 for a three year term and making provision for the conduct of the election; authorizing contracts with 08 -01 -2017 City Council Agenda Page - 2 - the elections administrators of Bexar and Guadalupe Counties to conduct this election; authorizing the election to be held as a joint election; resolving other matters incident and related to such election; and declaring an effective date. (B. Dennis /Mayor /Council) 6. Resolution No. 17 -R -54 — Consideration and /or action approving a Resolution authorizing the City Manager to enter into a contract with Selrico Services to provide the congregate meal for the Schertz Area Senior Center. (B. James /C. Van Zandt /L. Shrum) Roll Call Vote Confirmation Closed Session 7. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment of a Municipal Judge. Reconvene into Regular Session 7a. Take any action based on discussions held in closed session under Agenda Item 7. Roll Call Vote Confirmation Requests and Announcements 8. Announcements by City Manager. 9. Placing Items on Future Agendas: A member of the City Council may place items on future agendas provided the chair is able to determine unanimous consent. If objection is made by one or more members of the City Council, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. 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 Adiournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 28th DAY OF JULY 2017 AT 3:30 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. DOVWUP SrhVv 0626 Donna Schmoekel, Deputy City Secretar 08 -01 -2017 City Council Agenda Page - 3 - 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 2017. 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 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Davis— Place I Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Interview Committee for Boards and Investment Advisory Committee Commissions Main Street Committee Main Street Committee - Chair TIRZ II Board Councilmember Gutierrez — Place 2 Councilmember Larson — Place 3 Main Street Committee — Vice Chair Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz- Seguin Local Government Corporation Interview Committee for Boards and Commissions 08 -01 -2017 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 1, 2017 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on July 25, 2017. . HHZTG • ' • On RM RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of July 25, 2017. ATTACHMENTS Regular Meeting of July 25, 2017 minutes. MINUTES REGULAR MEETING July 25, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 25 2017, . at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Bert Crawford Staff Present: Executive Director Brian James Assistant to City Manager Sarah Gonzalez Deputy City Secretary Donna Schmoekel Absent: Councilmember Angelina Kiser Mayor Carpenter called the meeting to order at 6: Opening Prayer and Pled ems t�f Allegiance to Texas. (Mayor Pro -Te, Edwards). Mayor Pro -Tern Edwards the flags of the United Sta of Mayor Carpe the following e United States and State of followed by the pledges of allegiance to City Events (B. James /D. Wait /S. Gonzalez) Assistant to the City Manager Sarah. Gonzalez who provided Thursday, July 27 Judy's Loft Salon — Ribbon Cutting 4:30 PM 2600 FM 1518, Schertz, TX Friday, July 28 Budget Retreat 8:30 AM — 4:00 PM Fairfield Inn & Suites, 5808 Corridor Loop road, Schertz, TX 7 -25 -2017 Minutes Page - 1 - Filing for Schertz City Council Election Started Monday, July 24 The City of Schertz will be holding its General Election on November 7, 2017 for the purpose of electing Council Members in Place 3, Place 4 and Place 5 for a three -year term, from November 2017 to November 2020. Any candidate desiring to have his or her name on the Official Ballot shall, no sooner than July 24, 2017, and no later than August 21, 2017, 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 themselves as a candidate. The Candidate packet is available in the City Secretary's office at 1400 Schertz Parkway, Building 2, or it can be found online at www.schertz.com. Should you have any questions, please contact the City Secretary's office at (210) 619 -1030. SAVE THE DATE Thursday, August 10 First of Three Community Proposed - Budget Meetings 6:30 PM Schertz United Methodist Church - 3460 Roy :Richat'd Drive Wednesday, August 16 Corbett Middle School –12000 :Ray :30 PM 1 Morning er 5 "' Annual Fundraising Event. BBQ Dinner served from 6:00 Games played from 7:00 PM – 10:00 PM. Raffle and Prizes kets cost $40 pre -sale at the Senior Center or The Chamber at the door. Call Senior Center at X 1970 for more information. foyer. Mayor Carpenter recognized Mayor Pro -Tern Edwards who said he had put a ($$) challenge out on Facebook to challenge all our (Schertz) councilmembers (who all have since met that challenge), but since this is a Schertz `Area' Senior Center he wants to put a challenge out to `all' of our other surrounding city councilmembers to at least donate $250 to this cause, a worthy cause. All of our citizens in Cibolo, Selma— everybody is enjoying the place, so let's make this a big event for them. Announcements and recognitions by City Manager (J. Kessel) 7 -25 -201.7 Minutes Page - 2 - No announcements were made. Employee Recognition • Recognition of employee service pin for 25 years: Sandy Bryant. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who asked Mrs. Bryant to come forward. He stated her husband (John), children and other family members were also present tonight to acknowledge and celebrate her 25 years of service to the city. He provided a brief bio of her city career which started at the Library. She is currently the Senior Administrative Assistant in the Parks Department. Ms. Bryant thanked her family members for their supl years as volunteers at city events. She also thanked ,,,,h Department, members of the Schertz Area Senior Ceri Customer Service Department who always knows the staff members as well as outside callers. She,said Set work, live and play. Mayor Carpenter added that his oldest child began period (2000- 2001) Ms. Bryant worked there. He and all her other years of service to the city, Presentation • Presentation. (D. Wait /D. the service through the lovees in the Parks and Sherry Davis at the 311 ht number to call to assist other 7- is indeed the gr4test place to into reading during the time for her time at the library and Fire Service. Mayor CaVent r recognized Fire Chief David Covington who stated his career in fighting fires has spanned Ever 40 years. He reminisced about the early days and how they battled blazes at that time. He was alsoa paramedic for a number of years and was able to be a witness to that side of rescue efforts. He spoke of how research, education, training, and equipment have evolved through the years. He provided examples of how response times have changed (for the better) but how new construction metbods and smaller living space lot sizes have affected how fires have gotten more complicated and dangerous. While the number of fires have actually now decreased since the 1970's, there is a different set of hazards that we have to deal with. It is important today to have the best possible equipment, education and training level of staff to be able to fight these modern -day fires. All rescue personnel are at risk every day in their work efforts. He provided some statistics of fatalities at various accident sites. Mr. Covington reminisced about working with former mayors (San Antonio and Schertz areas) and former Schertz leaders such as Don Taylor and John Bierschwale and current executive management leaders John Kessel and Dudley Wait. He complimented the 7 -25 -2017 Minutes Page - 3 - guidance and direction provided by current City Manager John Kessel and said he is confident in our current leadership. He said he leaves the city in good hands with the new Fire Chief Kade Long who will take the department to an even higher level. On behalf of Council, Mayor Carpenter expressed his sincere thanks to Chief Covington for his service, devotion, and leadership to the City and its citizens. • Presentation and update regarding the City of Schertz Website. (M. Clauser /L. Klepper) Mayor Carpenter recognized IT Director Myles Clauser and Public Affairs Director Linda Klepper who provided the latest information on updates in progress being made to the city's website. Highlights of their PowerPoint presentation were as follows: Features that are being incorporated into the new web page will b;ttractive and intuitive, easy to navigate, easily searchable, and easy to Update-and maintain bycity staff. The current website was developed `organically' with a hierarchical structure The new website is inspired by the `Complete City Model' from the "City's Strategic Plan. This includes core services, quality of life, and the economic engine with a functional structure. lauser and of Residents questions and comments from Council. • Mr. Robert `Mike' Gupp, 3442 Northern Heights, Cibolo, TX, who spoke in length regarding an accident ,he- had on April 20, 2016, . when he stepped on/in a water meter. He described his lengthy "Medical treatments and hospitalizations associated with the accident. The bottom line is he wants to know who the contractor was who swapped out the older sturdier lids and replaced them with newer plastic ones of a different design and durability. He has claim forms to fill out in regard to his accident that ask what amount of compensation he thinks this accident should be associated with. He doesn't know what to put down —how can you put a price on this and what he has had to endure? Mayor Carpenter referred him to speak with Executive Director Dudley Wait for some assistance and information. 7 -25 -2017 Minutes Page - 4 - Workshop • Update and discussion on July 4 I Jubilee and SchertzQ Event (S. Gonzalez /L. Klepper /Mary Spence) Mayor Carpenter recognized Events Manager Mary Spence and Director of Public Affairs Linda Klepper who provided Council with information regarding the fiscal outcome of the recently completed annual July 4th Jubilee, public entertainment provided and process changes they made this year in relation to prior years. They also spoke of the upcoming SchertzQ Event (formerly Sc. on September 16. They provided information on the events and provided as well as some estimated revenues ($35,000) arld exl stated they were working on some more sponsorships to help o Mayor Carpenter thanked them for the success Klepper, Ms. Spence and Ms. Gonzalez addre • Review, discussion and possible action regarding (Item requested by Mayor Carpenter) As there were no comments /questions from'( couldn't see anything at this very moment tha could use more clarification., Councilmember is still in session and there ate some things th, way home rule cities operate, would we hav charter in view of anv new leaislalion that will 4th of July J which will be held vent that will be ),000). They also of the expenses. to the City Charter. Ms. moil, Mayor Carpenter said that although he iedd change, Vthere may be some items that iompsori stated that since the stage legislature if passed, may take away from or change the a need to have the city attorney review the nssed? Consent Agenda I The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. I Minutes — Approval of the minutes of the Regular Meeting of July 11, 2017. . (J. Kessel /D. Sehmoekel) 2. Excused Council Absences — Consideration and /or action excusing City Council Member Cedric Edwards absence for the following date: July 11, 2017. . (B. Dennis /Mayor /Council) 7 -25 -2017 Minutes page - 5 - 3. Ordinance No. 17 -S -23 — Consideration and /or action approving an ordinance request to rezone approximately 12 acres of land from Apartment /Multi- Family Residential District (R -4) to Planned Development District (PDD) located at 3301 FM 3009, Schertz, TX. Final Reading (B. James /L. Wood /E. Grobe) The following was read into record: ORDINANCE NO. 17 -S -23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 12 ACRES OF LAND FROM APARTMENT / MULTI- FAMILY RESIDENTIAL(R -4) TO PLANNED DEVELOPMENT DISTRICT (PDD) 4. Ordinance No. 17 -T -26 — Consideration and or action, approving an Ordinance authorizing Discussion Items 5. Ordinance No. 17 -T -24 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, TX authorizing a budget amendment to fund the SchertzQ Event. First Reading (S. Gonzalez /L. Klepper /M. Spence) The following was read into record: 7 -25 -2017 Minutes Page - 6 - ORDINANCE NO. 17 -T -24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE SCHERTZQ EVENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Public Affairs Director Linda Klepper who stated in conjunction with their earlier presentation, they are simply seeking funding for the SchertzQ Event. Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No.' 17 -T -24 fire reading. The vote was unanimous with Mayor Pro -Tem Edwards, ' Councilmembrs . Davis, Gutierrez, Larson, Thompson, and Crawford voting for and no one voting no,' Councilmember Kiser was absent. Motion passed. Roll call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary roll call votes for agenda items 1 -5. who provided the in closed session under Section 551.074 of the Texas Government •s to deliberate the appointment of a Municipal Judge. a brief break and then convened into Closed ter reconvened into Regular Session at 7:59 p.m. discussions held in closed session under Agenda Item 6. on this item. Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager. No announcements were provided. 7 -25 -201.7 Minutes Page - 7 - Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. No requests were made. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended"" • City Council Committee and Liaison Assignments (seeiissignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers, Donna Schmoekel, Deputy City Secretary 7-25-2017 Minutes Page - 8 - adjourned the meeting at 8:01 p.m. Michael R. Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 1, 2017 Department: Public Affairs Subject: Ordinance No. 17 -T -24 — An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund the SchertzQ Event (S. Gonzalez /L. Klepper /M. Spence) (Final Reading) In 2008 the City of Schertz held a 50th anniversary celebration in the park known as SchertzFest. In 2009, the event continued, but a sanctioned BBQ Cook -Off was added as part of the event elements. Starting with 16 teams that participated, the cook -off has successfully grown into one of the largest and most desired cook -off s to be a part of in the state. Growing every year, in 2016 the number of participating teams was 92. Previously, this event has been organized and run by the Schertz Parks and Recreation Foundation, with assistance from city staff. At the December 6, 2016 Council meeting, the Foundation announced they had voted unanimously to dissolve the foundation. With this announcement, the city has taken on the fiscal responsibility to ensure that this event continues, but to evaluate the event, keep in mind the why we have it, and focus on what elements are important to maintain, while not overcommitting resources and with the ultimate goal of providing this local community event that Schertz residents can enjoy. As part of the evaluation process, staff has looked closely at this event and decided to rework and rebrand the SchertzFest event to more appropriately highlight the BBQ Cook -Off. Focusing largely on this element, SchertzQ (formerly SchertzFest) will take place on Saturday, September 16. Over ninety competitive BBQ teams from all over the state will compete for the Grand Champion title and bragging rights as the best BBQ in Schertz. The event will feature food trucks that serve BBQ related food, live music (blues /rock'n roll), and a marketplace area for local vendors to showcase and sell various products and services. City Council approved this on first reading at the meeting of July 25, 2017. FISCAL IMPACT At the February 7, 2017 Council meeting, Staff presented a workshop item discussing the SchertzQ event. One of the goals that was presented for this transitional year was to breakeven on budget; balancing revenues and expenses. It should be noted that the goal for breaking even on budget does not include staff time. The reason for this is that it would change the nature of the event from a fun, low -cost event for our Schertz families to one where there would be an admission cost, cost for local businesses /vendors to participate would be higher and entertainment and activities would be reduced. Staff continues to look for ways to provide a fun event in a cost - effective manner. The budget expenses for SchertzQ will be approximately $30,000. This will cover costs of BBQ awards and supplies, services such as portable restroom facilities, entertainment, advertising and outsourced staff to ensure grounds are clean during event. Revenues from vendor fees, sponsorships, and BBQ fees will offset expenses for the event totaling approximately $35,000. As with any event held outdoors, weather conditions always play a risk factor. While there would be reduction in revenues if this were to occur, Staff has a plan in place should there be inclement weather as SchertzQ is a rain or shine event. RECOMMENDATION Staff recommends Council approval of Ordinance 1.7 -T -24 on the final reading. ATTACHMENTS Ordinance No. 17 -T -24 2017 SchertzQ Financial Report ORDINANCE NO. 17 -T -24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE SCHERTZQ EVENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 16 -T -29, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 201.6 -2017 (the `Budget), which provides funding for the City's operations throughout the 2016 -2017 fiscal year; and WHEREAS, the City needs to increase the Budget to authorize expenditures of $30,000 for the funding of the SchertzQ Event in the General Fund; and WHEREAS, the City needs to recognize additional revenue from sponsorships, donations, and fees for this event in the amount of $35,000; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the additional revenue and expense for the event; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget adjustment for the General Fund for the SchertzQ Event, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $30,000 for the SchertzQ Event. Section 2. The City shall recognize the additional $35,000 in revenue from sponsorships, donations and fees for this event. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 25th day of July 2017. . PASSED, APPROVED and ADOPTED ON SECOND READING, the 1st day of August, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50558021.1 - 2 - ie 106 -617- 532800 2017 - Estimated !StagewingS J wing re -do $700.00 Herald front strip 9/5 $ 585.00 Billboard skin design $ - BBQTrophies $ $ 4 4,500.00 BBQ Cash Awards $ $ 1 10_,000.00 Jackpot Beans 50/50 split $ $ 6 600.00 Kids QAwards $ $ 1 100.00 Judging Supplies $ $ 1 1,200.00 Ice bins, bagged ice a approx. $ 1 1,000.00 Table, chair rental � �$�1,0225.000 ,00.0 Head Cook, IBCA Fees, Mileage Totals 700.00 Revenues Anticipated- Cook's Choice I 25 EWrnated Total: Hooked on BBQ 1 Team @ $200.00 $200.00 at a BBQ 1 Team @ $200.00 $200.00 own BBQ 1 Team @ $200.00 $200.00 s at a BBQ 1 Team @ $200.00 $200.00 eat Again N 1 Team @ $200.00 $200.00 d Cooker 1 Team @ $200.00 $200.00 tra Space 1 Team @ $100.00 $100.00 Rack BBQ 1 Team @ $200.00 $200.00 Anticipated 80 Team @ $ 200.00 $16,000.00 Total: $750.00 Total: $17,500.00 Anticipated -Food Truck 5 Food Vendor @ $200.00 $1,000.00 mmm x Anticipated- Beverage Vendor 1 Beverage Vendor @ $200.00 $200.00 nticipated -Beer Booth Rental 1� Beer Vendor @ L $500.00 $500.00 Anticipated - Business Vendor 10 Business Vendor @ $200.00 $2,000.00 ticipated- Craft /Retail Vendor 10 Craft /RetailVendors @ $100.00 $1,000.00 ---------------------------------------------------------- .._ ................................. . _ --------- ....._.. ------------------------------------- Total: .._....................___..____................... $4,700.00 ............._._............... A @ $3.00 $300.00 Total: $300.00 Total: $750.00 Profit - Loss Summary "Total " Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: August 1, 2017 Department: Mayor /Council Subject: Excused Council Absences — Consideration and/or action excusing City Council Member absences Per the revised Charter approved by voters on November 3, 2015, . regarding Council absences, Section 4.06 (3) Vacancies, Forfeiture, Filling of Vacancies, "Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council." An affirmative vote of a majority of Council approving the Council's absences is required for the following: 07 -25 -201.7 Regular Council Meeting FISCAL IMPACT None RECOMMENDATION Councilmember Angelina Kiser Staff recommends Council approve the absence as listed above. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: August 1, 2017 Department: Finance Subject: Scheduling a Special Meeting of the City Council To ensure compliance with the state statues for adopting the tax rate, the City Staff recommends holding a special council meeting on August 29th, the fifth Tuesday, which is not a scheduled council meeting day. Section 26.06a of the Tax Code states the first public hearing must not be held before the seventh day after public notice is given and Section 26.06e states the vote to adopt the tax rate must be no more than 14 days after the date of the second public hearing. The First Public Hearing would be held on August 22"d per Section 26.06 with a preliminary tax rate and notice set after the August 8th meeting. The Second Public Hearing must allow for not more than 14 days after its held for the vote on the tax rate. Final Adoption would be forced to occur on September 12th or run the risk of not having an adopted Tax Rate by September 30th or calling additional meetings on other days during the week. Staff recommends holding an additional council meeting to ensure there is enough time for proper discussion and debate on the tax rate without the risk of running into time constraints for approval. FISCAL IMPACT None. RECOMMENDATION Staff recommends Council call a special council meeting to meet the state requirements on public hearings and budget adoption. ATTACHMENTS None. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 1, 2017 Department: City Secretary Subject: Resolution No. 17 -R -57 — Calling the November 7, 2017 City of Schertz Joint General Election with Guadalupe and Bexar County and approving the Guadalupe County Election Contract, and Bexar County Election MOU BACKGROUND The attached Resolution calls the November 7th Joint General Election to elect Councilmembers in Paces 3, 4 and 5 for a three -year term to begin November 2017 and ending 2020. The City Secretary's office again has taken the lead to work with the different entities about the future of elections in our jurisdictions, many of which are in more than one County. Discussions have revolved around these entities to sign agreements each with Bexar, and Guadalupe counties for their respective elections. By holding elections this way, many benefits are realized: • Entities will divide the costs proportionately thereby creating a savings to each entity • Utilize common Early Voting and Election Day poll locations • Utilize common voting equipment • Utilize common voting clerks • Reduce Voter confusion and difficulty by only having to go to one location for all elections • Open more Early Voting locations within the different counties On election night, the City Secretary will take the unofficial results from the counties and tally the results for posting at City Hall and on the City website. Action on this item will authorize staff to finalize agreements with Bexar, and Guadalupe counties and their respective Election Administrators to conduct the City election, as well as finalize a Joint Elections Contract with other entities. The City Secretary has posted notice of filing for application for place on the General Election ballot information on the city's website, bulletin board and in the Schertz magazine. The first day to file for place on the General Election was Monday, July 24, 2017 and the last day to file for place on the November 7, 2017 General Election ballot is Monday, August 21, 2017 by 5:00 p.m. Candidate packets are available on line as well as can be picked up in the City Secretary's office. Once Bexar County and Guadalupe County meet with Commissioners court they will City Council Memorandum Page 2 issue their final early voting and election day locations. Our office should have this information no later than August 15tH FISCAL IMPACT Estimated Costs are: $27,692.50 for Guadalupe and Comal Counties (if we were the only entity... it is likely that this will go down due to other entities sharing the cost). This amount does cover the Guadalupe County Election Administrator to run the Comal County portion of our voters. $4,000.00 for Bexar County (if we were the only entity ... it is also likely that this will go down due to other entities sharing the cost). Estimated cost for publication of election notice both in English and Spanish two times is $5,000. Total estimated cost $34,000.00. 1• It is recommended Council approve Resolution. No. 17 -R -57 calling the November 7, 2017 City of Schertz Joint General Election and approving contracts with the Elections Administrators of Guadalupe and Bexar County Election Administrators to conduct the election, and approving joint election agreements. ATTACHMENT Resolution No. 17 -R -57 Contract for Elections Services Agreement — Guadalupe County (to include Comal County) Memorandum of Understanding and Elections Services Agreement — Bexar County Draft Guadalupe County Early Voting and Election Day Precincts and Draft Bexar County Early Voting and Election Day Precincts (Final will be available after Guadalupe and Bexar County have received approval from Commissioners Court — Mid August, 2017). NOTICE OF ELECTION THE STATE OF TEXAS COUNTIES OF GUADALUPE, COMAL AND BEXAR CITY OF SCHERTZ TO THE RESIDENT, QUALIFIED VOTERS OF THE CITY OF SCHERTZ, TEXAS TAKE NOTICE that an election will be held in the City of Schertz, Texas on November 7, 2017, in obedience to a Resolution duly entered by the City Council of the City on August 1, 2017, which Resolution reads substantially as follows: RESOLUTION NO. 17 -R -57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 7, 2017 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4 AND PLACE 5 FOR A THREE YEAR TERM AND MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 9.01(a) of the Home Rule Charter (the "Charter ") of the City of Schertz, Texas (the "City "), the regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State :Law, at which time officers will be elected to fill those offices which become vacant that year.; and WHEREAS, the terms of the offices of Councilmembers for Places 3, 4 and 5 end in November 2017 and those offices will become vacant at that time. Therefore, the City is required to conduct an election in November 2017 . to fill these vacancies; and WHEREAS, the City will hold its election jointly in the counties of Bexar and Guadalupe with the Schertz - Cibolo- Universal City Independent School District (the "District "), the City of Cibolo, Cibolo Creek Municipal Authority and other entities pursuant to a joint election agreement between said entities as authorized by Section 271.002 of the Texas Election Code, as amended (the "Code "). WHEREAS, the City Council of the City (the "Council ") hereby finds and determines that holding a Joint General Election on November 7, 2017, which is the uniform election date in November prescribed under the Texas Election Code, for the purpose of electing Councilmembers for Place 3, Place 4, and Place 5 is in accordance with the provisions of the City's Charter and is in the best interest of the citizens of the City; and WHEREAS, the Council hereby finds and determines that a Joint General Election should be held in the City on November 7, 2017, for the purpose of electing the Councilmembers for Place 3, Place 4, and Place 5 for a three -year term; and WHEREAS, the City will contract with the Bexar County Elections Administrator, and the Guadalupe County Elections Administrator (collectively, the "Elections Administrators ") to conduct this election; and WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. An election shall be held on November 7, 2017 in and throughout the City, for the purpose of electing the Councilmembers for Place 3, Place 4, and Place 5, which places are currently held by (i) Councilmember Scott Larson — Place 3, (ii) Councilmember Cedric Edwards — Place 4, and (iii) Councilmember Robin Thompson, Place 5, for a three -year term to expire November 2020. Section 2. The City will hold a Joint General election with the Schertz- Cibolo- Universal City Independent School District (the "District "), the City of Cibolo, Cibolo Creek Municipal. Authority and other entities, as provided pursuant to the provisions of a joint election agreement between Bexar County and Guadalupe County and the City of Schertz, adopted in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the "Code "). Section 3. At said election, the candidate receiving the most votes for Councilmember for Place 3, Place 4, and Place 5 respectively, shall be declared elected for a term to expire in November 2020. Any candidate desiring to have his or her name on the Official Ballot for said General election shall, no sooner than July 24, 2017, and no later than August 21, 2017, 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 candidate for Councilmember for Place 3, Place 4, and Place 5. 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 4. Pursuant to Section 61.012, Texas Election Code, as amended, 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 may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. The Elections Administrators shall also utilize a Central Counting Station (the "Station ") as provided by Section 127.001, et seq., Texas Election Code, as amended. Bexar County Election Administrator Jacque Callanen, and Guadalupe County Election Administrator Lisa Adam will serve as the Managers and Presiding Judges of the Stations, will appoint the Election Judges and Station Clerks for each Station location and will establish a written plan for the orderly operation of the Station locations in accordance with the provisions of the Texas Election Code. The Elections Administrators will appoint the Tabulation Supervisors which will also serve as the Programmers for the Stations. Lastly, the Elections Administrators 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 5. 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 Elections Administrators, 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 at the precinct locations listed on Exhibit A on Tuesday, November 7, 2017, as prescribed by applicable law, and, on the day of the election, the polls shall be open from 7:00 a.m. to 7:00 p.m. The Bexar County Elections Office, 1.1.03 S. Frio, Suite 100 San. Antonio, Texas 78207, and the Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, are hereby designated as the main early voting places at which early voting shall be conducted for those living respectively in Bexar, Comal, and Guadalupe Counties. Jacquelyn Callanen, the Elections Administrator of Bexar County (whose mailing address is 1103 S. Frio, Suite 100 San Antonio, Texas 78207), and Lisa Adam, the Elections Administrator of Guadalupe County (whose mailing address is 215 S. Milam Street Seguin, Texas 78155 or PO Box 1346, Seguin Texas 78156 -1346) are hereby appointed as the Early Voting Clerks to conduct such early voting in the election in accordance with the provisions of the Texas Election Code. Each 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 from Monday, October 23, 2017 through Friday, November 3, 2017, with the exception of certain Saturdays, Sundays, and official State holidays. The locations and hours for the early voting are attached to this Resolution on Exhibit B. Applications for ballots by mail must be received by the Early Voting Clerks of the appropriate Counties not later than the close of business on Friday, October 27, 2017. An Early Voting Ballot Board for each County is hereby established for the purpose of processing early voting results. Jacquelyn Callanen, Elections Administrator of Bexar County, and Lisa Adam, Elections Administrator of Guadalupe County will appoint the Presiding Judges of the applicable Early Voting Ballot Board. Each Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the applicable County to serve as members of the applicable Early Voting Ballot Board. Section 6. The anticipated fiscal impact of conducting the election is currently estimated to be $38,000.00. Section 7. All resident qualified voters of the City shall be permitted to vote at any of the early voting locations in Bexar or Guadalupe County regardless of their county of residence. On Election Day, such voters shall vote at any polling place located in their designated election precinct within Guadalupe, Bexar or Comal County. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, 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, (a) not more than thirty (30) days, and not less than ten (10) days prior to the day of the election. Section 9. The Council authorizes the City Manager, or his /her designee, to negotiate and enter into one or more joint election agreements with other governmental organizations in accordance with the provisions of the Texas Election Code in such form as shall be approved by the City Manager, or his/her designee. Section 10. The Council authorizes the City Manager, or his /her designee, to negotiate and enter into contracts with the Elections Administrators to conduct the election in accordance with the provisions of the Texas Election Code in such form as shall be approved by the City Manager, or his/her designee. 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 ordinances 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 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. The Council hereby authorizes the Mayor and the City Secretary of the City to make such technical modifications to this Resolution that are necessary for compliance with applicable Texas or federal law or to carry out the intent of this Council, as evidenced herein. 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. This Resolution shall be in force and effect from and after its final passage and any publication required by law. PASSED, APPROVED, AND ADOPTED on this , day of August, 2017. Michael R. Carpenter Mayor ATTEST: Brenda Dennis TRMC, MMC, City Secretary (SEAL OF CITY) JOINT CONSTITUTIONAL AMENDMENT, GENERAL, SPECIAL AND BOND ELECTIONS NOVEMBER 7, 2017 THE HOURS OF EARLY VOTING WILL BE: Mon., Oct. 23 thru Fri., Oct. 27 ..... ............................... ...........................8:00 a.m. to 6:00 p.m. Sat., Oct. 28, 2017 ........................ ............................... ..........................10:00 a.m. to 6:00 p.m. Sun., Oct. 29, 2017 ....................... ............................... ..........................12:00 noon — 6:00 p.m. Mon., Oct. 30 thru Wed., Nov. 1 .... ............................... ...........................8:00 a.m. to 6:00 p.m. Thurs., Nov. 2 thru Fri., Nov. 3 ..... ............................... ...........................8:00 a.m. to 8:00 p.m. October 23, 2017 - November 3, 2017 SUN MON TUES WED THURS FRI SAT 22 23 24 25 26 27 28 GREAT NORTHWEST LIBRARY ... ............................... ...........................9050 Wellwood * * * * ** * * * * ** * * * * ** * * * * ** * * * * ** * * * * * ** 29 30 31 1 2 3 4 * * * * * ** * * * * ** * * * * * ** * * * * * ** * * * * * ** * * * * * ** 5 6 7 ELECTION DAY Legend: * * * * * * ** Indicates dates open for early voting Main Early Voting Location: BEXAR COUNTY ELECTIONS DEPARTMENT ............................. ...........................1103 S. Frio DEAFLINK available for the hearing impaired In addition to the main early polling place, early voting will be conducted at the following locations: * * ** *BEXAR COUNTY JUSTICE CENTER ... ............................... ............................300 Dolorosa BROOKHOLLOW LIBRARY ..... ............................... ............................530 Heimer Road CASTLE HILLS CITY HALL... (SE CORNER OF COUNCIL CHAMBERS) .......... 209 Lemonwood Dr. CLAUDE BLACK CENTER ............ ............................... ...........................2805 East Commerce CODY LIBRARY ............................. ............................... ..........................11441 Vance Jackson CONVERSE CITY HALL ...................................... ............................... 405 S. Seguin Rd COPERNICUS COMMUNITY CENTER ...................... ............................... 5003 Lord Rd. ENCINO BRANCH LIBRARY ............................ ............................... 2515 East Evans Rd FAIR OAKS RANCH CITY HALL... (COUNCIL CHAMBERS) ...................7286 Dietz Elkhorn GREAT NORTHWEST LIBRARY ... ............................... ...........................9050 Wellwood HENRY A. GUERRA, JR. LIBRARY ............................ ...........................7978 W Military Drive JOHN IGO LIBRARY ................................... ............................... 13330 Kyle Seale Parkway JOHNSTON LIBRARY ............................................. ............................... 6307 Sun Valley Drive JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park ............. 15060 Judson Road LAS PALMAS LIBRARY ................ ............................... ............................515 Castroville Road LEON VALLEY CONFERENCE CENTER ........................ ...........................6421 Evers Rd LION'S FIELD ........................................... ............................... ...........................2809 Broadway MAURY MAVERICK, JR. LIBRARY ...... ............................... ...........................8700 Mystic Park MCCRELESS LIBRARY .................................... ............................... 1023 Ada Street MEMORIAL LIBRARY ............................................... ............................... 3222 Culebra MISSION LIBRARY ....................................... ............................... 3134 Roosevelt Ave. NORTHSIDE ACTIVITY CENTER ....... ............................... ...........................7001 Culebra OLMOS CITY HALL .................... ............................... ............................120 El Prado W PARMAN LIBRARY @Stone Oak ................... ............................... 20735 Wilderness Oak PRECINCT 1 SATELLITE OFFICE .................... ............................... 3505 Pleasanton Rd. SCHAEFER LIBRARY ............ ............................... ...........................6322 US Hwy 87 E SHAVANO PARK CITY HALL... (COUNCIL CHAMB ) .......................... 900 Saddletree Ct SOMERSET ISD ADMIN BLDG ... ............................... ...........................7791 6th St., Somerset SOUTH PARK MALL ............... ............................... ...........................2310 S.W. Military TOBIN LIBRARY @ OAKWELL ...................... ............................... 4134 Harry Wurzbach UNIVERSAL CITY LIBRARY ............................. ...........................100 Northview Dr WINDCREST TAKAS PARK CIVIC CENTER ............... ...........................9310 Jim Seal Dr. WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ............4522 Fredericksburg * * * ** Early Voting Will not be conducted on Saturday or Sunday or after 6:00 pm on weekdays. subject to change For more information contact the office of the Bexar County Elections Administrator, Jacquelyn F. Callanen, at (210) 335 -VOTE (8683) NOVEMBER 7, 2017 (7 DE NOVIEMBRE, 2017) GENERAL AND SPECIAL ELECTIONS (ELECCI NES GENERAL Y ESPECIAL) LOCATIONS OF EARLY POLLING PLACES (LA VO TA CION ADELANTADA EN PERSONA SE LLEVARA A CABO EN) Location, Dates & Hours of Main Early Voting Polling Location (Lugar, Fechas y Houas de los Centros Principales de Votacion para la Votacion Anticipadal SEGUIN ELECTIONS OFFICE 215 S. Milam St. Seguin, TX 78155 Monday, Oct. 23rd through Friday, Oct. 27th, 2017 Lunes, 23 de Oct. hasta el Viernes, 27 de Oct. de 2017 de 8:00 a.m. to 5:00 P.M. 8:00 de la manana a las 5:00 de la tarde Saturday, Oct. 28th, 2017 — 7:00 a.m. to 7:00 p.m. Sabado, 28 de Oct., 2017 — de 7:00 de la manana a las 7:00 de la tarde Sunday, Oct. 29th, 2017 —1:00 p.m. to 6:00 p.m. Domingo, 29 de Oct., 2017— de 1:00 de la tarde a las 6:00 de la tarde Monday, Oct. 30th through Friday, Nov. 3rd, 2017 7:00 a.m. to 7:00 p.m. *Emergency and Limited ballots available at this location only. Lunes, 30 de Oct. hosta el Viernes, 3 de Nov. de 2017 de 7:00 de la manana a las 7:00 de la tarde )letas limitadas y de emergencia solamente estdn disponibles en esta caseta.) 3240 FM 725 New Braunfels, TX ATRAL:TEXAS TECHNOLOGY'CENTI Room 118 Conference Room, 2189 FM 758 New Braunfels, TX iCHERTZ ELECTIONS OFFICE ANNEI 1101 Elbel Road Schertz, TX NEW BERLIN CITY HALL Monday, Oct. 23rd through Friday, Oct. 27th 2017 8:00 a.m. to 5:00 p.m. Saturday, Oct. 28th, 2017 — 7:00 a.m. to 7:00 p.m. Sunday, Oct. 29th, 2017 —1:00 p.m. to 6:00 p.m. Monday, Oct. 30th through Friday, Nov. 3rd, 2017 7:00 a.m. to 7:00 p.m. 9180 FM 775 New Berlin, TX Lunes, 23 de Oct. hasta el Viernes, 27 de Oct. de 2017 de 8:00 de la manana a las 5:00 de la tarde Sabado, 28 de Oct., 2017 — de 7:00 de la manana a las 7:00 de la tarde Domingo, 29 de Oct., 2017— de 1:00 de la tarde a /as 6:00 de la tarde Lunes, 30 de Oct. hasta el Viernes, 3 de Nov. de 2017 de 7:00 de la manana a las 7:00 de la tarde Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a j Lisa Adam, Elections Administrator, P. 0. Box 1346, Seguin, TX 78156 -1346 or earlyyotingclerk@co.guadalupe.tx.us. Applications for Ballots by Mail must be received no later than the close of business on Oct. 27, 2017. (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse para elfin de las horas de negocio el 27 de Oct., 2017. Bexar County Election Day Location November 7, 2017 . Precincts: 4087, 4126, 4127 Location: Ray D. Corbett Jr. High School —12000 Ray Corbett Drive, Schertz. Texas 78154 Time: 7:00 a.m. to 7:00 p.m. CITY OF SCHERTZ Election Day Polling Locations Polls Open from 7:00 a.m. to 7:00 p.m. Pct. # GUADALUPE COUNTY VOTING LOCATIONS 303 Schertz Elections Office, 1101 Elbel Rd., Schertz 304 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz 305 Selma City Hall, 9375 Corporate Dr., Selma 306 Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz 401 Immaculate Conception Catholic Church, 21.2 N. Barnett St., Marion 402 Schertz Community Center, 1400 Schertz Parkway, Schertz 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 404 Schertz Community Center North, 3501 Morning Dr., Cibolo 409 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo Pct. # *COMAL COUNTY VOTING LOCATIONS 202 John Paul II Catholic High School, 6720 FM 482, New Braunfels 301 Westside Community Center, 2932 S. IH 35, New Braunfels *Corral county has not yet confirmed these locations. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between Bexar County Elections Administrator ( "ADMINISTRATOR "), acting on behalf of : Bexar County and any and all political subdivisions that are holding a Tuesday, November 7, 2017 Amendment, General, Special, Charter or Bond Election. This MOU is the planning document necessary for the preparation and implementation of the Joint Agreement as required pursuant to Texas Election Code Section 271.002(a). The following entities have made a verbal confirmation to the Joint Election: Bexar County, ( "County "); San Antonio River Authority ( "SARA "); the City of Castle Hills ( "COCH "); the City of Converse ( "COC "); the City of Olmos Park ( "COOP "); the City of San Antonio ( "COSA "); the City of Sandy Oaks ( "COSO ") and the City of Schertz ( "COS "); the City of Windcrest ( "COW "); Emergency Service District #10 (" BSD #1.0 "); the Town of Hollywood Park ( "TOHP "); the Cibolo Creek Municipal Authority ( "CCMA "); the Green Valley Special Utility District ( "GVSUD ");the Schertz Cibolo Universal City ISD ( "SCUCISD ") they may also be joined by other entities acting by and through their duly appointed and qualified representatives, for the November 7, 2017 . election. Any entity that is able to cancel their election will assume no cost for the planning of this election upon receipt of the proper paperwork. All costs will then be divided according to the pre determined pro rata share agreed upon. Contracts will be executed following the deadline to cancel an election and distributed for signatures and deposits. WHEREAS, County will conduct an amendment election on Tuesday, November 7, 2017; . and WHEREAS, SARA will conduct a general election on Tuesday, November 7, 2017; . and WHEREAS, COCH will conduct a special election on Tuesday, November 7, 2017; and WHEREAS, COC will conduct a genera] and charter election on Tuesday, November 7, 2017; . and WHEREAS, COOP will conduct a special election on Tuesday, November 7, 2017; and WHEREAS, COSA will conduct a charter election on Tuesday, November 7, 2017; and WHEREAS, COSO will conduct a general election on Tuesday, November 7, 2017; and WHEREAS, COS will conduct a general election on Tuesday, November 7, 2017; and WHEREAS, COW will conduct a general election on Tuesday, November 7, 2017; and WHEREAS, ESD #10 will conduct a special election on Tuesday, November 7, 2017; and WHEREAS, TOHP will conduct a bond election on Tuesday, November 7, 2017; and WHEREAS, CCMA will conduct a general election on Tuesday, November 7, 2017; and WHEREAS, GVSUD will conduct a general election on Tuesday, November 7, 2017; and WHEREAS, SCUCISD will conduct a general election on Tuesday, November 7, 2017; and NOW THEREFORE, it is understood that the Entities will hold a joint election on November 7, 2017 (the "Joint Election ") . The undersigned Entities are the duly authorized representatives of their governing bodies, and their signatures represent acceptance of the terms and conditions of this Memorandum of Understanding for planning purposes. This MOU may be executed in two or more counterparts. Together the counterparts shall be deemed an executed original instrument. The Entities may execute this MOU and exchange counterparts of the signature pages by means of facsimile transmission, and the receipt of executed counterparts by facsimile transmission shall be binding on the Entities. Following such exchange, the parties shall promptly exchange original versions of such signature pages. SIGNED and AGREED this day of , 2017. . 4 Jacquelyn F. Callanen 1301I 1 C 1119M 1 THE STA TE OF TEXAS COU',,VT)" OF GUADAL UTPEJ CONTRACT FOR ELECTION SERVICES Said Political Subdivision is holding a General Election, at their expense on November 7, M NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: T. ADMINISTRATION county's electronic voting system at the applicable polling places. In such cases, costs shall be divided among the participants. It. 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 Subdr6sion, including translation to languages other than English. Political Subdivision shall provide a copy of their election order and notice to the Elections Administrator, 111, VOTING LOCATIONS The Elections Administrator shall arrange for the use ofall Election Day voting locations. Voting locations will be the County's usual voting locations. 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. The Elections Administrator shall arrange for the use of the two Comal County voting locations for 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 subdivisions polling place names and addresses in effect for election. All obligations of the Elections Administrator contained in this contract with respect to polling locations shall be lunited to the provision of polling locations located within the geographical boundaries of Guadalupe County ,Texas. The Elections Administrator has agreed to contact the authority in Coma] County to arrange for the use of Precincts 202 and )0l 1 Election Day polling locations in Co al County. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Elections Administrator shall recornmend election judges, alternate judges and clerks. Upon request by the Elections Administrator, Political Subdivision a- r ees to assist in recruiting L- polling place officials who are bilingual (fluent in both English and Spanish). The Elections <Administr ator shall notify all election judges of the eligibility requirements of Subehapter 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. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT agent of the County or Political Subdivision- unless considered a county employee as determined by the Guadalupe County Human Resources Department, I. EARLY VOTING As Early Voting Clerk., the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters ") 1. 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 fay 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. EAR Ltd' VOTING BALLOT BOARD Elections Administrator 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 detennine the number of EVBB members required to efficiently process the early voting ballots, Vill. 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: -- Lisa Adani Tabulation Supervisor: _yMissy Doss Presiding Judge: ___ Sylvia Manyl()Ielq_ Subdivision's official or employee who perfonris 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 The Elections Administrator shall file copies of this document with the Guadalupe County Treasurer and the Guadalupe County Auditor in accordance with Section 3) 1.099 of the Texas Election Code. 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 expense. legal counsel for the County. the Elections Administrator, and additional election personnel as necessary. 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 '1,e as Election Code. The parties agree that under the Constitution and laws ofthe State of Texas, neither Guadalupe County, nor Political Subdivision can enter into an agreement whereby, either party agrees to indemnify or hold ha lass another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted, I, It has on this day of , 2017, been executed on behalf of Guadalupe County by the El, ctions Ad m4iist&r t 4VpuAuant to the Texas Election Code so authorizing; and 2. It has on this day of 20171. been executed on be of the Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action of the Political Subdivision so authorizing. GUADALL"'PE, COUNTY, TEXAS Elections Administrator ATTEST: City of chertz, Texas: By: Presiding Of Representative C� JOINT ELECTION AGREEMENT AND ELECTION SERVICE CONTRACT BETWEEN GUADALUPE COUNTY, TEXAS AND CITY OF CIBOLO, CITY OF SCHERTZ, CITY OF SEGUIN, SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, GREEN VALLEY SPECIAL UTILITY DISTRICT, CIBOLO CREEK MUNICIPAL AUTHORITY, GUADALUPE COUNTY GROUNDWATER CONSERVATION DISTRICT, CRYSTAL CLEAR SPECIAL UTILITY DISTRICT, CITY OF NEW BERLIN, CITY OF KINGSBURY, AND THE CITY OF STAPLES FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 2017 This Joint Election Agreement and Election Service Contract is made this _ day of 9 2017, by and between Guadalupe County Elections Administrator, hereinafter referred to as "EA", and the City Of Cibolo, City Of Schertz, City of Seguin, Schertz-Cibolo-Universal City Independent School District, Green Valley Special Utility District, Cibolo Creek Municipal Authority, Guadalupe County Groundwater Conservation District Crystal Clear Special Utility District, the City of New Berlin, the City of Kingsbury, and the City of Staples, hereinafter referred to as "Participating Authorities". WHEREAS, pursuant to Texas Election Code Section 271.002, governing bodies of political subdivisions may enter into an agreement to hold joint elections in election precincts that can be served by common polling places. WHEREAS, the State and County General and Special Elections will be held on November 7, 2017, in 34 Countywide Polling Places (Vote Centers) . Parties to this agreement serve voters within some of the same boundaries and it would be beneficial for them and the citizens and voters of their governing bodies to hold elections jointly. NOW, THEREFORE, IT IS AGREED that a joint election will by EA and the Participating Authorities 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 EA to be appointed the Joint Early Voting Clerk. THIS AGREEMENT will require the Participating Authorities to use joint ballots, when applicable. THIS AGREEMENT requires the Participating Authorities to share costs associated with this Joint Election proportionally where polling places are shared by more than one entity. THIS AGREEMENT requires the Participating Authorities to be responsible for ordering its own election and publishing notice of the elections separately. The cost to publish the notices 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 Participating Authorities. THIS AGREEMENT will require the EA to tabulate the precinct results and canvassing separately for each Participating Authority. The results will be delivered to each entity by email, facsimile or mail. THIS AGREEMENT will require the EA to be responsible for the safekeeping of election records for this joint election. THIS AGREEMENT will require the EA 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 locations, and prepare the voting equipment for use at the polling locations. 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: a. Premier Touch Screens, b. Premier Optical Scan for paper ballots. GENERAL CONDITIONS 1. EARLY VOTING A. Lisa Adam, Elections Administrator, will be appointed as early voting clerk in compliance with Sections 271.006 of the Texas Election Code. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting at the main location and branch locations. The names of Early Voting Clerks may be obtained from the EA. B. Early voting by personal appearance will be conducted on weekdays beginning Monday, October 23, 2017, through Friday, October 27, 2017, between 8:00 a.m. and 5:00 p.m.; Saturday, October 28, 2017, between 7:00 am and 7:00 pm; Sunday, October 29, 2017 between 1:00 pm and 6:00 pm and continuing Monday, October 30, 2017, through Friday, November 3, 2017, between 7:00 am and 7:00 pm. Any qualified voter for the Joint Election may vote early by personal appearance at either the main early voting location, branch locations, or temporary branch locations. MAIN EARLY VOTING POLLING PLACE GUADALUPE COUNTY ELECTIONS OFFICE 215 South Milam Street Seguin, TX 78155 BRANCH EARLY VOTING POLLING PLACES CENTRAL TEXAS TECHNOLOGY CENTER Room 118 Conference Room, 2189 FM 758 New Braunfels, TX 78130 2 GRACE MEMORIAL CHURCH 3240 FM 725 New Braunfels, TX 78130 NEW BERLIN CITY HALL 9180 FM 775 New Berlin, TX SCHERTZ ELECTIONS OFFICE ANNEX 1101 Elbel Road Schertz, TX 78154 C. All requests for early voting ballots by mail that are received by participating authority will be transported by runner on the day of receipt to the EA, 215 S. Milam St., Seguin, TX 78155, for processing. Persons voting by mail will send their voted ballots to EA. D. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election Code. EA will appoint members of the board and provide a list of members to the participating authority upon request. Participating authority agrees to appoint Sylvia Marmolejo as presiding judges of the early voting ballot board. 2. VOTING LOCATIONS A. Guadalupe County has been approved to use Vote Centers for the November 7, 2017 Election, allowing Guadalupe County registered voters to vote at any Guadalupe County Voting Location, regardless of the precinct in which they reside. EA shall select and arrange for the use and of payment for all Election Day voting locations. Voting locations will be the usual voting precincts in conducting county elections. The proposed locations are listed in Attachment "A" of this Agreement. In the event a voting location is not available, the EA will arrange for use of an alternate location and notify Participating Authorities. 3. JOINT ELECTION COSTS: PAYMENT A. Costs. Each Participating Authority remains responsible for all costs associated with their respective elections only. 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(s) shall be responsible for its respective share of election expenses incurred through the date that the election is canceled as allocated to that Participating Authority. In that event that a party cancels its election, the other parties shall continue to have access to the polling locations. 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. 4. GENERAL PROVISIONS A. Communication: Throughout the term of this Agreement, the Participating Authorities will engage in ongoing communications concerning the conduct of the Joint Election and discuss and resolves 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 Authorities. C. To the extent the geographical boundaries of the political subdivision extend into a county other than Guadalupe County, Texas, the obligations of the EA contained in this contract are contingent upon the political subdivision and /or the other county complying with all state or federal requirements for the establishment of polling locations. With respect to election services for the 3 political subdivision provided by the EA relative to polling locations outside of Guadalupe County, Texas, the EA's obligations herein are limited strictly to providing election services for the political subdivision who is a signatory to this agreement. 5. RECORDS OF THE ELECTION A. Lisa Adam, Elections Administrator, is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 217.010 of the Texas Election Code. B. Access to the election records will be available to participating authority as well as to the public in accordance with the Texas Public Information act, Chapter 552, Government Code, at the Elections Department, 215 S. Milam St., Seguin, TX, at any time during normal business hours. C. Records of the election will be retained and disposed of in accordance with the records retention schedules which may have been adopted by each participating authority, and in accordance with the provisions of Title 6, Subtitle C, Chapter 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, EA shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of the participating authority to bring to the attention of the EA any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request which may be filed with a participating authority. D. Upon request to maintain records beyond eligibility for preservation according with Section 66.058 of the Texas Election Code, EA shall supply a written cost estimate for storage to requesting participant. 6. MISCELLANEOUS PROVISIONS A. Venue and Choice of Law: Participating Authorities 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 supersede all prior agreements, including prior election services contracts relating to each Participating Authority's November 8, 2016 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 Authority breaches any of its obligations under this Agreement, the non - breaching party(s) 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 Authority is entitled under statutory or common law. E. Other Instruments: The Participating Authorities 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. F. Mediation: When mediation is acceptable to all 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 all 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 all parties agree, in writing, to waive the confidentiality. M 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 meaning 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 Authority 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 Authority. 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. 7. ELECTION JUDGES, CLERKS AND OTHER ELECTION WORKERS A. EA will be responsible for the appointment of the presiding judge and an alternate for each polling location. EA shall arrange for the training and compensation of all presiding judges and clerks. The names of Elections Judges may be obtained by contacting the EA. If a person is unable or unwilling to serve, EA will name a judge for the precinct and notify participating authorities that are affected by the change. B. In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more than 5% Hispanic population, according to the 2000 census statistics, are required to have interpreter assistance. If a presiding judge is not bilingual and is unable to locate a bilingual clerk, EA may contact the participating authority who shall assist in locating a bilingual clerk. C. EA is responsible for notifying 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 joint election are eligible to serve. The presiding judge, with the Elections Office assistance, will be responsible for insuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election. D. EA will hold training classes on the use of voting equipment and election laws during October 1st thru October 20th, 2017, at the Seguin Elections Office, 215 S. Milam Street, Seguin, TX. Additional training classes may be scheduled as needed. Election judges will be notified of additional training sessions. No election judges will be appointed unless he /she has attended an election judge training session taught by the Elections Office in the past eighteen (18) months. E. The election judges are responsible for picking up election supplies at the time and place determined by EA (which will be set forth in the election judge letter requesting service for this election). Each election judge will receive $10.00 per hour and each clerk will receive $9.00 per hour. The election judge will receive an additional $25.00 for picking up the election supplies prior to Election Day and for delivering election returns and supplies to their designated regional drop off site. Election judges and clerks attending a training class on Election Law Procedures will receive a one -time stipend of $15.00 for the completion of the course and working on Election Day. F. EA will employ other personnel, if necessary, for the proper administration of the election, including such part -time help to prepare for the election, to ensure the timely delivery of supplies and equipment during the period of early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part -time personnel working in support of the central counting station and regional sites on election night will receive pay for at least four hours, minimum call for service, regardless of the actual hours worked. 8. SUPPLIES AND PRINTING A. EA will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. B. EA will provide maps, if necessary, instructions and other information needed to enable the election judges to conduct a proper election. 5 C. Participating authorities shall furnish to EA a list of candidates and /or propositions showing the order and the exact manner in which their candidate names and /or propositions are to appear on the official ballot in both English and Spanish. The list will be delivered to EA as soon as possible after ballot positions have been determined by the participating authority. Participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to the authority's candidates and /or propositions. 9. RETURNS OF ELECTIONS A. EA will 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 agreement. B. Participating authority hereby, in accordance with Section 127.002, 127.003 and 127.005 of the Texas Election Code, appoint the following central counting station officials. Manager Lisa Adam Guadalupe County Elections Administrator Tabulating Supervisor Missy Doss Guadalupe County Assistant Elections Administrator Presiding Judge Sylvia Marmolejo Guadalupe County Deputy Elections Clerk C. The manager or representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies or electronic transmittals (where accessible). Participating authority, upon request, may require release of returns by given only at a specified location other than from the result center. Participating entity that would like the Guadalupe County Elections Department's web -site linked to their website, must provide their web -site address to the Central County Station Manager. D. EA will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns and provisional ballots have been tabulated, but in no event later than eight (8) days after the election. Participating authority will be responsible for their official canvass of their respective elections. E. EA will be responsible for conducting the post election manual recount, unless a waiver is given from the Secretary of State in accordance with Section 127.201 of the Texas Election Code. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. Each political subdivision must notify the Elections Office if waiver has been granted or denied twenty (20) days before the election. 10. ELECTION EXPENSES A. The participating authority agrees to share the costs of administering the November 7, 2017 Joint Election. A general supervisory fee not to exceed 10% of the total cost of the election shall be assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of costs, unless specifically stated otherwise, will be shared equally between the participating authorities. Any costs for workers, supplies or equipment that is shared by participating parties will be divided equally. The cost of anv special reauest from a participant. which is not aareed upon by all authorities, shall be borne by that participant. B. The expenses for early voting by mail and personal appearance will be paid equally by each participating authority, unless otherwise amended. C. Any estimate of election costs is strictly an estimate. Final election expenses will be determined within 120 business days after the election. EA will provide each participating authority with a final invoice of expenses. 6 11. ELECTION REPORTS EA will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals and Daily Early Voter Listing (Alphabetical by precinct) to each participating authority each day of Early Voting for the previous day's voting activity. On the day after the conclusion of Early Voting, a Daily Early Voter Listing by precinct report inclusive of all days of Early Voting is to be delivered to each participating authority. When possible, the Early Voters' reports will be delivered by electronic means via e-mail, facsimile, or website. 12. RUNOFF ELECTION In the event a runoff is necessary, the agreement will automatically be extended to cover the runoff. The EA will provide the designated entity in the runoff election with an estimate of cost to conduct participating authority's runoff. 13. NOTICE Whenever this agreement requires any consent, approval notice, request or demand, it must be in writing to be effective and shall be delivered to the party intended to receive it was shown below: If to the Elections Administrator: Lisa Adam Guadalupe County Elections Administrator 215 S. Milam St. Seguin, TX 78155 830 - 303 -6363 If to the Participating Authority: Brenda Dennis, City Secretary City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 14. This contract may be executed in multiple originals. NOVEMBER 7, 2017 JOINT CONTRACT ACCEPTANCE AND APPROVAL Recommended for approval by: LISA ADAM Guadalupe County Elections Administrator ACCEPTED AND AGREED TO BY CITY OF SCHERTZ: ATTEST: 7 Attachment "A" NOVEMBER 7, 2017 GENERAL AND SPECIAL ELECTIONS Election Day Vote Center Locations Polls Open from 7:00 a.m. to 7:00 p.m. 1. McQueeney Lions Club, 3211 FM 78, McQueeney 2. Vogel Elementary School, 16121 FM 725, Seguin 3. Remarkable Healthcare, 1339 Eastwood Dr., Seguin 4. Forest Hills Baptist Church, 8251 FM 1117, Seguin 5. Justice of the Peace Court, Pct 1, 2405 E. US Hwy 90, Seguin 6. Kingsbury United Methodist Church, 7035 FM 2438, Kingsbury 7. Staples Civic Center, 9615 FM 621, Staples 8. Maranatha Fellowship Hall, 2356 S. Hwy. 80, Luling 9. Jackson Park Student Activity Center, 824 Fleming Dr., Seguin 10. Grace Memorial Church, 3240 FM 725, New Braunfels 11. McQueeney VFW Post 9213, 275 Gallagher, McQueeney 12. Knights of Columbus Hall, 1015 S. Austin Street, Seguin 13. Our Lady of Guadalupe Church Annex, 730 N. Guadalupe St. Seguin 14. Westside Baptist Church, 1208 N. Vaughan St., Seguin 15. American Legion Hall, 618 E. Kingsbury, Seguin 16. Geronimo Community Center, 280 Navarro Dr, Geronimo 17. St. Joseph's Mission, 5093 Redwood Rd., San Marcos 18. The Silver Center, 510 E. Court St., Seguin 19. Central Texas Technology Center, Room 118 Con£ Room, 2189 FM 758, New Braunfels 20. Former City of Seguin- Guadalupe County Library, 707 E. College St., Seguin 21. Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara 22. Marion Dolford Learning Center, 200 W. Schlather Lane, Cibolo 23. Schertz Elections Office, 1101 Elbe]. Rd., Schertz 24. Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz 25. Selma City Hall, 9375 Corporate Dr., Selma 26. Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz 27. Immaculate Conception Catholic Church, 212 N. Barnett St., Marion 28. Schertz Community Center, 1400 Schertz Parkway, Schertz 29. Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 30. Schertz Community Center North, 3501 Morning Dr., Cibolo 31. St. John's Lutheran Church, 606 S. Center St., Marion 32. New Berlin City Hall, 9180 FM 775, New Berlin 33. Klein Road Elementary School, 2620 W. Klein Road, New Braunfels 34. Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: July 25, 2017 Department: Parks Subject: Resolution No. 17 -R -54— A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into a contract with Selrico Services to provide the congregate meal for the Schertz Area Senior Center (B. James, C. Van Zandt, L. Shrum) f ��4I',T J Z111L`I 1 The City of Schertz Parks, Recreation, and Community Services Department has had direct oversight over the Schertz Area Senior Center congregate lunch meal program since January, 2014. Prior to the City taking the Comal County Senior Citizen's Foundation had operated the Senior Center. Initially the meal program was free to the seniors, but subsequently the Foundation began charging seniors for meals. When the Department first assumed this role, staff utilized local vendors five (5) days /week to provide a variety of meals at a cost of $4.00 /each to the seniors. This cost was passed along to the Seniors who were charged to eat Staff carried on in this fashion through December of 2014. In the meantime, staff was researching other ways /means to provide the congregate meal. In December, 2014, staff approached the Community Council of South Central Texas (an AACOG funded organization out of Seguin, Texas) about their willingness /capability to provide congregate meals for the Schertz Area Senior Center program. CCSCT indicated that they were up to the challenge and more than willing to include our membership in their congregate meal program. In January, 2015, staff worked with the CCSCT organization to enroll our entire Senior Center membership in their program (at no cost to the City). The enrollment was accomplished in January, 2015, and the members of the Senior Center began to enjoy the free meals provided by CCSCT. However, in February, 2015, CCSCT lost some of its funding from AACOG and indicated (in June, 2015 via invoice) that it could no longer provide our congregate meals at no cost. Instead, CCSCT indicated that they would need to charge $4.38 /meal plus donations collected at the site. The City has been paying $4.38 /meal delivered since February, 2015. The City issued a Request for Proposals was initiated on the part of the City /Department to establish a contract whose parameters could be set and monitored (quality control) and to see what other vendors might be able to provide the congregate meal service. When the RFP closed on March 23, 2017, there were three (3) respondents; Community Council of South Central Texas (current provider), Texas Food Bank, and Selrico Services. A panel of three (3) staff members (Parks Director, Asst. Parks Director, and Environmental Health Manager), working in conjunction with the Purchasing Manager, carefully analyzed the three (3) proposals. The proposals were judged in five (5) different categories; experience and qualifications, respondent's proposed meal program plan, quality assurance plan, taste panel evaluation, and cost. A number of seniors from the Senior Center sat on the taste panel. Based on the scoring of the RFP, staff is recommending Selrico Services be awarded a contract to provide meals to the Senior Center. Selrico Services can provide the individual congregate meal at $4.15 /meal delivered. The estimated cost for the program for each year of the proposed, two (2) year contract is an amount not to exceed $104,000 /year (or $208,000 total) based upon current consumption/day and factoring in anticipated growth in the program due to our newly renovated facility, better tasting food, better delivery service, and a lower age requirement (minimum of age 60 for CCSCT and minimum age of 55 for Senior Center members). This contract also offers the opportunity for up to three (3), one -year extensions that are negotiable. Goal Approve Resolution 17 -R -54 authorizing the City Manager to enter into a two -year contract with Selrico Services in the amount of $208,000 to provide the congregate meal for the Schertz Area Senior Center. Community Benefit Participation in this program continues to grow on a daily basis. With the help of our managing partner, the YMCA of Greater San Antonio, the City of Schertz is able to provide a top - quality service both programmatically and nutritionally with the addition of this contractual congregate meal. Summary of Recommended Action. City Council approval of the contract with Selrico Services in the amount of $208,000 to provide the congregate meal program for the Schertz Area Senior Center. FISCAL IMPACT Expenditures in the amount of $208,000 from the Senior Center special fund number RECOMMENDATION Staff recommends Council approval of Resolution 17 -R -54. ATTACHMENTS Resolution 17 -R -54 Contract with Selrico Services RESOLUTION NO. 17 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SELRICO SERVICES TO PROVIDE THE MEALS FOR THE CONGREGATE MEAL PROGRAM AT THE SCHERTZ AREA SENIOR CENTER. WHEREAS, the City sought out prospective vendors who could provide the congregate meal for the Schertz Area Senior Center; and WHEREAS, the City elected to seek respondents who could provide this service via the RFP process; and WHEREAS, after going through extensive analysis of the responses provided by each of three (3) prospective vendors, City staff is confident that Selrico Services can provide the best product at the best value; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to award this contract to Selrico Services; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Manager is hereby authorized to enter into a two -year contract with Selrico Services in an amount not to exceed $208,000 (or $] 04,000 /year) to provide the meals for the congregate meal program at the Schertz Area Senior Center. Section 2. 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 City Council. Section 3. All 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 resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. 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 the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. 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 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1st day of August, 2017. Donna Schmoekel, Deputy City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M CITY OF SCHERTZ THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Selrico Services, Inc. ( "Contractor "). Section 1. Duration This Agreement shall become effective the latter of October 1, 2017 . or the final signature affixed hereto and shall remain in effect until September 30, 2019 unless terminated or extended as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit an invoice for payment upon completion of the described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Not to Exceed Contract Amount. Expenditures for this contract shall not exceed ONE HUNDRED FOUR THOUSAND AND NO /100 DOLLARS ($104,000.00) per fiscal year. Fiscal year one shall be the October 1, 2017 through September 30, 2018. . Fiscal year CITY OF SCHERTZ PAGE 1 Selrico Services, Inc. Service Agreement two shall be October 1, 2018 through September 30, 2019. (E) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article III, Section 52 -a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict of this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or CITY OF SCHERTZ PAGE 2 Selrico Services, Inc. Service Agreement any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money CITY OF SCHERTZ PAGE 3 Selrico Services, Inc. Service Agreement or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor CITY OF SCHERTZ PAGE 4 Selrico Services, Inc. Service Agreement considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional. Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL ) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision . as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement CITY OF SCHERTZ PAGE 5 Selrico Services, Inc. Service Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Right To Audit CITY OF SCHERTZ PAGE 6 Selrico Services, Inc. Service Agreement City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1.295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https:/ lwww .ethics.state,tx,uslwhatsnew /elf info formI295.htm and //www, ethics. state Ax, us/tec/ 1295 -Info htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSI.BILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 7 Selrico Services, Inc. Service Agreement EXECUTED on this the clay of 2017. CITY: CONTRACTOR: By By: t Name: John C. Kessel Name: 7a1" V a , p u M q / Title: City Manager Title: - y'e>'I ADDRESS FOR NOTICE: CITY: CONTRACTOR: City of Schertz Selrico Services, Inc. Attn: John C. Kessel, City Manager 717 West Ashby Place 1400 Schertz Parkway San Antonio, TX 78212 Schertz„ Texas 78154 210 -737 -8220 C11 of SCHERTZ PAGE 8 Selriro Services, Inc. Service Agreement Exhibit "A" Pro i ect The Contractor shall provide delivered meals on a daily basis for the Schertz Area Senior Center. Location Schertz Area Senior Center or other City assigned location. Scope of Work The selected Respondent shall, in compliance with all rules, standards and guidelines established by the federal Older American Act, the Department of Aging and Disability, provide meals for seniors. The meals shall be prepared and planned by a registered dietitian or acceptable equivalent individual certifying that menus adhere to required Dietary Reference Intakes (DRIs). Contractor shall perform services in accordance with the scope of services and conditions as stated in the City of Schertz RFP # 17- PK- 06 -A -01 and Contractor's proposal dated March 22, 2017. Fee Schedule Cost Per meal: $4.15 Term of Service Agreement This Service Agreement shall automatically terminate September 30, 2019 unless extended by City Council Approval. Notwithstanding the foregoing, this contract shall be terminated if funds allocated for expenditure under this agreement are not available as provided for in sections 3 and 7. of this agreement. Extensions If agreed by the City and Contractor, this Agreement may be extended if approved by the City Council for a period of one year. A maximum of three extensions may be made. Maximum Contract Expenditure Cumulative expenditures under this agreement shall not exceed $208,000.00 during its first two -year term. Maximum expenditures during each of the Schertz fiscal years shall not exceed $104,000.00 unless otherwise negotiated and approved by City Council. Fiscal year one is defined as October 1, 2017 . through. September 30, 2018. . Fiscal year two is defined as October 1, 2018 through September 30, 2019. Fiscal year for the optional term period three is defined as October 1, 2019 through September 30, 2020. Fiscal year for the optional term period four is defined as October 1, 2020 through September 30, 2021. Fiscal year for the optional term period five is defined as October 1, 2021 through September 30, 2022. End of Exhibit "A" CITY OF SCHERTZ PAGE 9 Selrico Services, Inc. Service Agreement Exhibit "B" The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ Selrico Services, Inc. Service Agreement emailed to: purchasen a schertz.co Faxed to: 210 - 619 -1169 PAGE 10 CERTIFICATE 1E, OA [i _ ie 0 1 lti D i UNI, t 1 t Riff. C filil l� �� C r 1411t �J tli i�'Is k : %t Ir ablavaluon t 0nof reaM ead baos MOM I slbo llortt Wth Glopla I Ia TaxV 1 .. iq,( 11 429enaded by Texas t: Asiotwo 666510&1MIMN4. Selrico Services, Inc. Service Agreement ate, ''iii . MI rt, iLE6 t. 1 ;' x'440 ' I, y mm di VLAW ' 'D of K A ' Won .V4Yrffi lid 1:N fi 'tLoMily �1 to i• 6I fit a i n 1E, OA [i _ ie 0 1 lti D i UNI, t 1 t Riff. C filil l� �� C r 1411t �J tli i�'Is k : %t Ir ablavaluon t 0nof reaM ead baos MOM I slbo llortt Wth Glopla I Ia TaxV 1 .. iq,( 11 429enaded by Texas t: Asiotwo 666510&1MIMN4. Selrico Services, Inc. Service Agreement the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (l) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 12 Selrico Services, Inc. Service Agreement Exhibit "C" CITY OF SCHERTZ PAGE 13 Selrico Services, Inc. Service Agreement