The URL can be used to link to this page

01-22-2019 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL January 22, 2019 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea Opening Prayer and Pledtes of Allegiance to the Flag of the United States and State of Texas. ( Councilmember Gutierrez) Presentations • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor Carpenter) Student Mayors — Dobie Jr. High, 8th Grade Isaac Mokrane and Corbett Jr. High, Stn Grade Fayeth Porter Student Councilmembers — Dobie Jr. High, 7th Grade Annalise Kemter and Corbett Jr. High, 7th Grade Dawn Ridge • Presentation regarding the 2018 Healthy Workplace Recognition Program in collaboration with the San Antonio Mayor's Fitness Council. (J. Kurz /L. Cox) City Events and Announcements • Announcements of upcoming City Events (B. James /S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (M. Carpenter) 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. 1 -22 -2019 Council Agenda 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. 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 Couneilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of January 8, 2019. . (B. Dennis) 2. Appointments to the various City Boards, Commission and Committees — Consideration and /or action appointing Glen Outlaw to the Building and Standards Commission. (Mayor /Council) 3. Ordinance No. 19 -K -01 — Consideration and /or action approving an Ordinance releasing and terminating a vehicular non - access easement on Lots 6 and 8, Block 1 of the Enterprise Industrial Park Subdivision. Final Reading (B. James /L. Wood/B. Cox) 4. Ordinance No. 19 -T -03 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018 -2019 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final reading (B. James /J. Walters) 5. Resolution No. 19 -R -02 — Consideration and /or action approving a Resolution authorizing a contract with Landmark Structures I, L.P. relating to the construction of the Corbett Elevated Tank Project. (B. James /K. Woodlee /S. McClelland) 6. Resolution No. 19 -R -01— Consideration and /or action approving a Resolution authorizing EMS Debt Revenue Adjustments, Utility Billing Debt Revenue Adjustments and Sehertz Magazine Debt Revenue adjustments for certain inactive outstanding receivables. (B. James /J. Walters) 7. Resolution No. 19 -R -06 — Consideration and/or action approving a Resolution authorizing a Payroll and Human Resources Service Agreement with ADP, and other matters in connection therewith. (B. James /J. Walters /L. Cox) 8. Resolution No. 19 -R -07 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement for the purchase of one (1) 1 -22 -2019 City Council Agenda Page - 2 - Ford F550 Emergency Response Vehicle at a not to exceed amount of $53,000.00. (B. James /K. Long) 9. Resolution No 19 -R -08 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures with Burch Roofing totaling no more than $65,000.00 for roof replacement and repairs during the 2018 -2019 Fiscal Year and other matters in connection therewith. (B. James /J. Harshman /T. Buckingham) 10. Resolution No. 19 -R -09 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas supporting an extraterritorial jurisdiction agreement with the City of San Antonio and other matters in connection therewith. (B. James /K. Kinateder) 11. Resolution No. 19 -R -10 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving and authorizing a Waterline Easement Agreement across Private Property from 7- Eleven, INC. a Texas Corporation and other matters in connection therewith. (B. James /J. Hooks) Discussion and Action Items 1.2. Ordinance No. 19 -S -02 - Conduct a Public hearing and consideration and/or action PH approving an amendment of Part III Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4 Section 21.4.9 Designation of landmark properties and heritage neighborhoods and Article 13 Section 21.13.3 B Definitions Substantial Improvement. (First Reading) (B. James) 13. Resolution No. 19 -R -03 — Consideration and/or action authorizing additional expenditures with Ford Engineering Inc., totally no more than $32,423.00 for the Professional Engineering Services for the Schertz Pedestrian Routes and Bike Lanes Project. (B. Janes /K. Woodlee /S. McClelland) Roll Call Vote Confirmation Workshop • Workshop regarding Parks Maintenance Program. (B. James/L. Shrum) • Workshop discussion regarding an overview of the purchasing process and amendments to the Purchasing Policy. (B. James /J. Kurz /J. Gohlke) • Discussion and consideration and /or action regarding the confirmation, appointment or election of the Mayor Pro Tempore. (Council) Requests and Announcements • Announcements by the City Manager. 1 -22 -2019 City Council Agenda Page - 3 - • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • 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 Closed Session 14. City Council will meet in closed session under Section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation. - EEOC Claim — Former Employee Michael Harris 1.5. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation: - GVSUD vs City of Schertz 16. City Council will meet in closed session under Section 551. 074 of the Texas Government Code, Personnel, to hear a compliant or charge against City Council Member Place 4. Reconvene into Regular Session 14a. Take any action based on discussions held in closed session under Agenda Item 14. 15a. Take any action based on discussions held in closed session under Agenda Item 15. 16a. Take any action based on discussions held in closed session under Agenda Item 16. Roll Call Vote Confirmation Adjournment CERTIFICATION I, BRENDA DENNIS, 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 18th DAY OF JANUARY 2019 AT 4:15 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. gR�NDA DENN1,S 1 -22 -2019 City Council Agenda Page - 4 - Orenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 2019. 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 closed 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. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed 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 1 -22 -2019 City Council Agenda Page - 5 - Mayor Carpenter Councilmember Scajliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Main Street Committee — Chair TIRZ 11 Board Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Schertz Animal Services Advisory Commission Audit Committee Investment Advisory Committee Schertz- Seguin Local Government Corporation - Alternate 1 -22 -2019 City Council Agenda Page - 6 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 Department: Subject: City Secretary Minutes The City Council held a Regular City Council meeting on January 8, 2019. FISCAL IMPACT None Staff recommends Council approve the minutes of the regular meeting of January 8, 2019. ATTACHMENTS Minutes of the regular meeting of January 8, 2019. MINUTES REGULAR MEETING JANUARY 08, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 8, 2019, 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 Allison Heyward Staff Present: Executive Director Brian James City Secretary Brenda Dennis Assistant to City Manager Sarah Gonzalez Mayor Carpenter called the regular Texas. (Councilmember Councilmember Da Flags of the United Texas. Mayor Pro -Tern David: Scagliola Edwards Manager Dr. M, Attorney Daniel at 6:01 p.m. llowed by the Pledges of Allegiance to the National Mentoring Month. (M. Carpenter /S. Chapa .e Proclamation and gave Mrs. Chapa the opportunity to speak. chertz, the Mayor, and Council for their support. • Mayor /Council City Manager — Dr. Mark Browne • City Secretary — Deputy City Secretary — E. Gayle Wilkinson • Library - PT Library Page - Meghann Wall • Utility Billing — Meter Tech 1 — Jeremy Weaver (Was not present, will be introduced at a later date) 01 -08 -2019 Minutes Page - 1 - The various city department supervisors provided a brief bio on each of their new staff members and introduced them to Council. Mayor /Council welcomed all the new employees to the City of Schertz team. As a special introduction, Mayor Carpenter, introduced our new City Manager, Dr. Mark Browne, and expounded on his qualifications. Dr. Browne gave a heartfelt thank you for the confidence the City Council and Mayor has shown him with his new position. City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S: Gonzalez) Mayor Carpenter recognized Sarah Gonzalez who provided the following announcements: Thursday, January 10th Northeast Partnership Meet Olympia Hills Golf Course Saturday, January 12th Polar Bear Plunge 10:00 am Pickrell Park Pool Nature Discovery Series — D Crescent Bend Nature Park • Announcements and recognitions by the Acting City Manager (Dr. Browne) Dr. Browne recognized Patrol Officer Miranda Martin, with the Police Department, for going above and beyond her duties providing security for the museum downtown San Antonio. 01 -08 -2019 Minutes Page - 2 - Dr. Browne recognized the Public Works Crews for their tireless work and clean up on New Years Day and the day after with the watermain leak that occurred on FM 3009. • Announcements and recognitions by the Mayor. (M. Carpenter) No announcements made. Hearing of Residents Susan Vaillencourt, residing at 11417 Ware Seguin Rd., low water pressure at her home and many of her n(, mention of the concern that there was adequate water j irrigation systems in the affected area. Mrs. Vaillent problem would be addressed and that she aped, the o provided a solution and not simply an explanation. Maggie Titterington, 1730 Schertz Pkwy The the City of Schertz for giving support to their largest group to date and the Leadership Core S fun interactive learning experience. �essed her concerns about the of's homes. She also made are for the fire hydrants and is asking for assurance the residents affected would be sed her art- ireciation for hip Core Program. It was their were able to have profitable and thank you to Brian James for his excellent L y ar: He welcomed our new City Manager, spleasure with the dismissing of the former the incoming City Manager and asked for a anager in office. Mr. Bolter also gave Dr. Mayor Carpenter read the fallowing consent agenda items: 1. 1VHhtes — Consideration and/or action regarding the approval of the minutes of the regular meeting of December 1.1, 2018 and the minutes of the Emergency meeting of December 19, 2018. (B. Dennis) 2. Appointments to' the various City Boards, Commission and Committees — Consideration and/or action appointing Paul Macaluso to the Committee of Committees Advisory Board and to the Interview Committee. (B. Dennis /Mayor - Council) Appointment of Paul Macaluso to the Committee of Committees Advisory Board and to the .Interview Committee. 3. Resolution No. 19 -R -04 — Consideration and/or action approving a Resolution by the City Council of Schertz authorizing purchases up to $80,000 with WatchGuard Video and up to $105,000 with Motorola for radios. (B. James /M. Hansen) 01 -08 -2019 Minutes Page - 3 - The following was read into record: RESOLUTION NO. 19-R-04 A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ AUTHORIZING PURCHASES UP TO $80,000 WITH WATCHGUARD VIDEO AND UP TO $105,000 WITH MOTOROLA FOR RADIOS. 4. Resolution No. 19-11-05 - A Resolution by the City of Schutz the City Manager to enter into an amended agreement for the services, of Mr. David Klein of Lloyd Gosselink Attorneys. The following was read into record: RESOLUTION Executive Director, Brian James, provided background and visual information regarding approval of this item. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Mayor Pro-Tem Scagliola to approve Ordinance No. 19-K-01 on first reading. The vote was 01-08-2019 Minutes Page - 4 - unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. Presentation Mayor moved back to the presentation section of the agenda after the arrival of Mrs. Coverson. • Proclamation recognizing Zenobia Coverson for her charity efforts, of the Forgotten Child Program. (Mayor Carpenter) Mayor Carpenter read the proclamation and made a lovely tribute to Mrs. Coverson for her selfless and extraordinary contribution. Mr. Womack was also given the opportunity to speak and gave an emotional tribute to Mrs. Coverson` Discussion and Action Items Mayor moved back to the discussion and action items of the agenda. The 1.9 -T -03 Finance Director; dames Walters, and City Engineer, Kathy Woodlee, provided background information regarding approval of this item. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve Ordinance No. 19 -T -03 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. 01 -08 -2019 Minutes Page - 5 - Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -6. Workshop • Workshop regarding ADP Payroll and HR Services. (B. James /J. Walters) 7 Information available in City Couheil Packets - NO DISCUSSION TO OCCUR that items be placed on a future City Council Mayor Citrpenter stated for those who voted to increase the tax rate he would like to see a plan for how the additional dollars will be spent and how we will move ourselves over time back to the tax -rate that we had. This will not be placed on an agenda at this time but would Like for this to take place in the future. He also stated this was not all the responsibility of staff but also to Council. • 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 01 -08 -2019 Minutes Page - 6 - • Recognition of actions by community volunteers Mayor Pro -Tern Scagliola welcomed Dr. Mark Browne to our city and gave a big thank you to Executive Director, Brian James, for his service as Acting City Manager. Mayor Carpenter stated an annual evaluation for our City Secretary would be coming up and if any of the new members of Council were not familiar with the process to please get with him. Staff was also reminded via, Dr. Mark Browne, that we need to adhere to The Rules of Procedure more closely. When giving staff presentations please limit to five minutes when possible. As we move forward, we will have busy agendas, and this will help us get through the agenda in a timely rnalter. Mayor Carpenter also echoed a heartfelt thank for his willingness and excellent execution of Mark Browne to our city. Adjournment As there was no further business, Mayor Carpenter ad ATTEST: Brenda Dennis, City S 01 -08 -2019 Minutes Page - 7 - Brian James, welcomed Dr. meeting at 7:27 p.m. 1 R. Carpenter, Mayor Agenda No. 2 [a 1111• WIluffis 10051 D1►/ [1]7_101111101 I City Council Meeting: January 22, 2019 Department: Subject: City Secretary Appointments to the various City Boards, Commission and Committees The Building and Standards Commission shall consist of five (5) regular members each to be appointed by the City Council. The City Council may also appoint up to two (2) alternate members with the same duties and responsibilities as regular member who shall serve in the absence of one (1) or more regular members when requested to do so by the City Manager or designee. All cases shall be heard by at least four (4) members. Currently the City Council has appointed three (3) Commission members, by appointing a forth member, the Commission will have the ability to meet. City Secretary department received an application from Mr. Glen Outlaw volunteering to serve. Staff has vetted this through the interview committee and at the time of this writing has received five plus one alternate responses in favor of appointment. FISCAL IMPACT None Staff recommends appointing Mr. Glen Outlaw to the Building and Standards Commission. Agenda No. 3 Lei' 1 City Council Meeting: January 22, 2019 Department: Planning & Community Development Subject: Ordinance No. 19 -K -01 — Consideration and/or action approving an Ordinance releasing and terminating a vehicular non - access easement on Lots 6 and 8, Block 1 of the Enterprise Industrial Park Subdivision. (Final Reading) The property owner of Lot 6, Block 1 has been working with the City's Engineering and Economic Development Departments to construct an access point to the property at the intersection of Lookout Road and Schertz Parkway. This access point will cross the large drainage channel that runs along the front of the property parallel to Lookout Road. In order to construct this access point, a platted one foot (1') wide vehicle non - access easement that runs along the front of the property adjacent to Lookout Road, must be released. The vehicle non - access easement was established by subdivision plat in 2008 and crosses Lots 6 and 8. Rather than releasing the easement just across Lot 6, staff is proposing to release it across both Lot 6 and Lot 8. Staff has reached out to the owner of Lot 8 to make them aware that the non - access easement is being released. Vehicular non - access easements are generally used to control or restrict access onto certain roadways. As a result of updates to the Public Works Specifications manual related to roadway access requirements, the one foot (I') wide vehicle non - access easement is no longer needed to control or restrict access in this subdivision. City Council approved this on first reading at their meeting of January 8, 2019. Goal The goal of this ordinance is to release and terminate the vehicular non - access easement that is located along the front of Lots 6 and 8, Block 1 of the Enterprise Industrial Park Subdivision adjacent to Lookout Road. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. The release of the vehicular non - access easement will allow the affected property owners construct an additional access point onto Lookout Road at the intersection of Lookout Road and Schertz Parkway. Summary of Recommended Action Approval of Ordinance 19 -K -01 authorizing the release and termination of a vehicular non - access easement along the front of Lots 6 and 8, Block 1 of the Enterprise Industrial Park Subdivision, will remove an encumbrance and provide the affected property owners the ability to construct an additional access point onto Lookout Road at the intersection of Lookout Road and Schertz Parkway. The City Planning and Engineering Departments have reviewed the request and found the existing one foot (1') wide vehicular non - access easement to no longer be needed due to changes regarding access restrictions provided in the Public Works Specifications Manual which limit and control the number, size and spacing of roadway access points onto City owned and maintained roadways. Release of this easement will not be detrimental to the public welfare and construction of the new proposed drive and associated intersection improvements will be beneficial to the City's roadway system. FISCAL IMPACT None I.l xKeld 1019hi17_111 [930 Staff recommends approval of Ordinance No. 19 -K -01 on final reading. ATTACHMENT Ordinance No. 19 -K -01 Release and Termination of Vehicular Non - Access Easement It # 11 M AN ORDINANCE OF COUNCIL SCHERTZ, TEXAS, RELEASING , TERMINATING NON ACCESS EASEMENT ON LOTS Yr AND 8, BLOCK I OF THE ENTERPRISE r PARK SUBDIVISION; AND ESTABLISHING DATE HEREOF WHEREAS, the City of Schertz, Texas, (hereinafter the "City"), received an Easement from Mid Cities 35 G.P., L.L.C. and Schertz PT Industrial Associates Land Limited Partnership, as a one foot vehicular non - access easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Corral County on September 18, 2008 as document number 200806035456 (hereinafter the "Easement "); and WHEREAS, The Planning & Community Development and Engineering Departments have reviewed the Easement and have determined that the Easement is not necessary due to existing code requirements which control access points onto City roadways; and WHEREAS, The owner of Lot 6, Block 1 of Enterprise Industrial Park, has submitted construction plans to build an access point at the Intersection of Lookout Road and Schertz Parkway; and WHEREAS, There would be no adverse impact to transportation in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A copy of the Release and Termination of Vehicular Non - Access easement Instrument, which includes a more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. THEREFORE, ORDAINED i CITY OF SCHERTZ, TEXAS: Section - o are hereby found to be tru" and such recitals are hereby made a part of this Ordinance for all purposes part of Section 2. That the City Council finds that such release and termination of the vehicle non access easement as requested will cause no harm or injury to the City of Schertz or its citizens, said Easement is not needed for public purpose and it is in the public interest to release and terminate said Easement. Section 3. That the Easement as depicted in Exhibit "A", is hereby released and terminated insofar as the right, title or easement of the public is concerned and shall only extend to the public right, title and easement that the City may legally and lawfully abandon. Section 6. That it is officially found, determined and declared that the meeting at whi this Ordinance is adopted was open to the public and public notice • the time, place, and subje e matter of the public business to be considered at such meeting, including this ordinance, was giv all as required by Cba-pter 55 1, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 8th day of January, 2019 ��- 1- Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit A "Release and Termination of Public Drainage Easement" RELEASE AND TERMINATION OF ONE FOOT VEHICULAR NON - ACCESS EASEMENT THE STATE OF TEXAS § COUNTY OF COMAL § WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Mid Cities 35 G.P., L.L.C. and Schertz PT Industrial Associates Land Limited Partnership, as a one foot vehicular non - access easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Comal County on September 18, 2008 as document number 200806035456 (hereinafter the "Easement "); and WHEREAS, The Planning & Community Development and Engineering Departments have reviewed the Easement and have determined that the Easement is not necessary due to existing code requirements which control access points onto City roadways; and WHEREAS, The owner of Lot 6, Block 1 of Enterprise Industrial Park, has submitted construction plans to build an access point at the Intersection of Lookout Road and Schertz Parkway; and WHEREAS, There would be no adverse impact to transportation in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and future owners of the Property, or any portion thereof, the City has RELEASED AND TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement attached hereto as Exhibit "A ". It is expressly agreed and understood that this is a release of only said Easement and that this release does not release, affect or impair any other remaining easements as they may relate to the Property or any real property which is not included within the Property. By execution hereof, the City confirms and acknowledges the Easement as platted and recorded in the Public Records of Comal County, Texas, as document number 200806035456, and attached hereto as Exhibit "A" will be of no further force or effect. EXECUTED TO BE EFFECTIVE the day of , 2019. ATTEST: Brenda Dennis, City Secretary Dr. Mark Browne, City Manager THE STATE OF TEXAS § CITY OF SCHERTZ, TEXAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Dr. Mark Browne, City Manager of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of , 2019. [Seal] Notary Public in and for the State of Texas My Commission Expires: City of Schertz, Texas Attn: Planning & Community Development 1.400 Schertz Parkway, Building 1. Schertz, TX 78154 Exhibit A (1 of 3 pages) — Description of the 1' Vehicular Non - Access Easement The Vehicular Non - Access Easement is identified as being 1 foot in depth and being parallel to the southern property line of Lot 1, Block 1, Enterprise Industrial Park as called out and established in the Final Plat Establishing Enterprise Industrial Park, recorded on September 18, 2008 in the Comal County, Texas Plat records as Document Number 200806035456. Said easement is adjacent to and immediately north of the Lookout Road Right -of -way line, as shown on the plat. An excerpt from the Final Plat Establishing Enterprise Industrial Park, recorded on September 18, 2008 in the Comal County, Texas Plat records as Document Number 200806035456 is included below and identifies the easement in a cloud. Exhibit A (2 of 3 pages) Excerpt from Plat Page 4 Exhibit A (3 of 3 pages) Excerpt from Plat Page 5 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2018 Department: Subject: City Management /Finance Ordinance No. 19 -T -03 - An ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the FY 2018 -19 Budget to provide additional funding for the Corbett Elevated Water Tank Project, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; Final reading Currently, $4,046,162.70 ($3,148,917.24 from Capital Recover and $897,245.46 from Water and Sewer Operating Funds) has been budgeted for the Corbett Elevated Water Tank project. Staff now has construction bids for the Corbett Elevated Water Tank and needs to allocate an additional $1.5 million to the project ($1,375,000 from Capital Recovery Water and $125,000 from the Water & Sewer Operating Funds). With the construction bids, final project costs are now $5,502,182.54. The additional $1.5 million allows for a $43,980.16 non - construction contingency. Not all of the distribution mains are eligible to use Capital Recovery Funds. Capital Recovery Impact fees can only be used to create new capacity so the system can provide more water while Water & Sewer Operating Funds are used to replace existing mains. The section of the distribution mains along Schaefer Road is already in place but will be replaced with a larger pipe. The replacement costs for this section must come from Water & Sewer Operating Funds, while the cost of increasing the size of the line can be from Capital Recovery. The existing distribution main on Schaefer Road accounts for approximately 25% of the final capacity of the new distribution main, therefore, 25% of the contracted cost, or $125,000, will come from Water & Sewer Operating Funds. City Council approved this on first reading at their meeting of January 8, 2019. Summary of Recommended Action Approval of Ordinance 19 -T -03 approving the budget adjustment. FISCAL IMPACT This ordinance will allocate an additional $1.5 million to the Corbett Elevated Tank project; $1,375,000 from Capital Recovery Water and $125,000 from the Water & Sewer Operating Funds. As of September 30, 2018, the Capital Recovery Water has a fund balance of $6,608,113.78 and the Water & Sewer Operating Funds has an available cash and investment balance for projects of $8,927,702. After the transfer, Capital Recovery Water would have $5,233,113 remaining while the Water & Sewer Operating Fund would have $8,802,702. f 111 PCKD301 hl1 X12117_%9 [170 1 Approval of Final reading Ordinance No. 19 -T -03 ATTACHMENT Ordinance No. 19 -T -03 ORDINANCE NO. 19 -T -03 CONSIDERATION AND /OR ACTION APPROVING AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FY 2018 -19 BUDGET TO PROVIDE ADDITIONAL FUNDING FOR THE CORBETT ELEVATED WATER TANK PROJECT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 18 -T -32, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 2018 -2019 (the "Budget), which provides funding for the City's operations throughout the 2018 -2019 fiscal year; and WHEREAS, the City needs to authorize a budget adjustment in the amount of $1,375,000.00 from the Capital Recovery Water Fund and $125,000 from the Water & Sewer Fund to the Corbett Elevated Tank project; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to approve the budget adjustment for the Corbett Elevated Tank project, 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 transfer $1,375,000.00 from the Capital Recovery Fund to the Corbett Elevated Tank project. Section 2. The City shall transfer $125,000.00 from the Water & Sewer Fund to the Corbett Elevated Tank project. 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 8t" day of January 2019. PASSED, APPROVED and ADOPTED ON SECOND READING, the 22nd day of January 2019. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor -2- Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 Department: Engineering Subject: Resolution No. 19 -R -02 — A Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Landmark Structures 1, L.P. relating to the construction of the Corbett Elevated Tank Project. BACKGROUND In order to provide adequate water service to the fast - growing southern Schertz area, it is necessary for the City to construct a one - million gallon elevated storage tank as well as a three - million gallon ground storage tank in the Southern Schertz Watershed. The first phase of the project includes the Elevated Water Storage Tank and associated distribution water lines. The Corbett Elevated Tank Project was designed by Ford Engineering as approved by resolution 15 -R -40. The scope of the project includes: construction of the one - million gallon composite elevated storage tank, installation of the new pump station and flow meter, completion of all site work, installation of the access road to the tank site, installation of all electrical controls and instrumentation, installation of associated distribution water mains. This project was publicly bid using the Competitive Sealed Proposal Method. Three (3) proposals were received for the project. Selection of the most qualified contractor was based not only on cost, but the following additional criteria: qualifications of the respondent firm and experience on similar projects; experience on public projects; available resources to complete the project; corporate history and stability; and references. A three person review committee reviewed all bids and recommends Landmark Structures I, L.P. to perform the work. Landmark Structures I, L.P. has proposed to perform the work for $4,682,000.00 and City Staff recommends a 10% contingency of $468,200.00. Once the contract is authorized, a notice to proceed is expected to be issued within two to three weeks. Landmark Structures I, L.P. proposed to complete the project in 526 days from the notice to proceed date. COMMUNITY BENEFIT Constructing the Corbett elevated tank will provide a higher quality of water service to the residents of southern Schertz as well as provide a more resilient water supply that is less dependent on water storage in central Schertz. FISCAL IMPACT This contract will be funded from Capital Recovery Water and the Water and Sewer Operating Funds. Capital Recovery Water $5,025,200 Water and Sewer Operating Fund $125,000 Total $5,150,200 RECOMMENDATION Staff recommends Council approve Resolution 1.9 -R -02 authorizing the City Manager to enter into a contract with Landmark Structures I, L.P., in an amount not to exceed $5,150,200.00 for the construction of the Corbett Elevated Tank Project. ATTACHMENTS Resolution 19 -R -02 Contract with Landmark Structures I, L.P. Proposal Evaluation Summary Bid Summary Table RESOLUTION NO. 19 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING A CONTRACT WITH LANDMARK STRUCTURES I, L.P. RELATING TO THE CONSTRUCTION OF THE CORBETT ELEVATED TANK PROJECT. WHEREAS, the City of Schertz (the "City ") has a need to construct an elevated water storage tank and associated water mains in southern Schertz; and WHEREAS, the City solicited competitive sealed proposals from qualified vendors for constructions services related to the Corbett Elevated Tank Project; and WHEREAS, City staff has determined that Landmark Structures I, L.P. is qualified to provide such services for the City; and WHEREAS, City Council has authorized funding for the Corbett Elevated Tank Project from the Capital. Recovery Water Fund and the Water and Sewer Operating Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver a contract in substantially the same form as Attachment A with Landmark Structures I, L.P. for an amount of $4,682,000.00 with a contingency amount of $468,200.00 for an overall not to exceed amount of $5,150,200.00. 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 22"d day of January, 2019 . Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M CITY OF SCHERTZ CORBETT ELEVATED TANK PROJECT STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made and entered into as of the _ day of _, 2019 by and between the: "OWNER" The City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 210.619. 1000 t 210.619.1009 f and "CONTRACTOR" Landmark Structures 1, L.P. 1665 Han-non Road Fort Worth, Texas 76177 817.439.8888 t 817.439.9001 f for the following Project: CORBETT ELEVATED TANK PROJECT, #2019-001 The ENGINEER for the Project is: Ford Engineering, INC. 10927 Wye Drive, Suite 104 San Antonio, Texas 78217 (210) 590-4777 SFA - I CITY OF SCHERTZ CORBETT ELEVATED TANK PROJECT STANDARD FORM OF AGREEMENT 1.0 THE WORK OF THIS CONTRACT Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable: Addenda issued by ENGINEER General Conditions Performance and Payment Bonds Request For Proposal and Contract Forms Technical Specifications Drawings 2.0 CONTRACT TIME AND COMPLETION § 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNER § 2.2 Contract Time §2.2.1 The Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. § 2.3 Substantial Completion The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 526 calendar days from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. § 2.4 Liquidated Damages The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to SFA - 2 CITY OF SCHERTZ CORBETT ELEVATED TANK PROJECT STANDARD FORM OF AGREEMENT substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of Six hundred dollars per day ($600) for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages ") that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. § 2.5 FINAL COMPLETION § 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General Conditions to this Agreement. § 2.5.2 Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents. 3.0 CONTRACT SUM § 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR's performance of the Contract. The Contract Sum shall be Four Million Six Hundred Eighty Two Thousand dollars ($4,682,000.00) subject to additions and deductions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the OWNER: I SFA - 3 CITY OF SCHERTZ CORBETT ELEVATED TANK PROJECT STANDARD FORM OF AGREEMENT § 3.3 Unit prices, if any: Item Units and Price Per Unit Limitations 4.0 PAYMENT § 4.1 APPLICATIONS FOR PAYMENT Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. § 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. § 4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5.1711 %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored SFA -4 CITY OF SCHERTZ CORBETT ELEVATED TANK PROJECT STANDARD FORM OF AGREEMENT off the site at a location agreed upon in writing), less retainage of five percent (. .3 Subtract the aggregate of previous payments made by the OWNER; and .4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a Certificate for :Payment. § 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the ENGINEER shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the CONTRACTOR, any additional amounts payable. § 4.1.4 Reduction or limitation of retainage, if any, shall be as follows: § 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the OWNER to the CONTRACTOR when .1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR's responsibility to correct Work as provided in the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a letter of Final Acceptance has been issued by the ENGINEER and accepted by the OWNER. § 4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30 days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the ENGINEER's final Certificate for Payment: This Agreement is entered into as of the day and year written above ( "The Date of Execution "): SFA - 5 CITY OF SCHERTZ CORBETT ELEVATED TANK PROJECT STANDARD FORM OF AGREEMENT By: _ Title: By: _ Title: SFA - 6 BID/RFP# RFP 2019-001 Project Name: CORBETT ELEVATED STORAGE TANK Firm Name Location Bid Price Score Ranking Black Castle General Contractors New Braunfels, Tx $5,188,700.00 87.08 3.00 Landmark Structures I LP Fort Worth, Tx $4,682,000.00 97.77 1.00 CB&I LLC Alpharetta, GA $5,547,000.00 89.71 2.00 Bn Bn 0D/RFP# RFP2V19-001 Project Name: CORBETT ELEVATED STORAGE TANK EVALUATION SUMMARY INSTRUCTIONS: Date: 12/12/2018 Enter a number 0 through 4 for each category for each proposer.You may use 0.25 increments if necessary. U= Not Compliant, 1 =Ponr, 2=Fair, 3=Good, 4=Excellent You may NOT enter a number, higher than 4.0. An explanation is required for a score of 0 (Lowest Price / Evaluated Price) * Pts for Section VENDOR Product QUATITY BASE BID TOTAL Black Castle General Contractors $5,188,700.00 $5,188,700.00 Landmark Structures I LP $4,682,000.00 $4,682,000.00 Financial Consideration (Cost Proposal) 45 $5,188,700.00 $4,682,000.00 $5,547,000.00 40.61 45.00 37.98 Qualifications of Respondent Firm and Experience on 3.08 4.00 4.00 15 Similar Projects 11.56 15.00 15.00 Experience on Public Projects 10 3.50 3.92 3.92 Available Resource to Complete Project 15 3.17 3.50 3.67 11.88 13.13 13.75 Corporate History and Stability 5 3.67 3.92 4.00 Overall Responsiveness 5 3.77 3.97 3.88 References 5 4.00 4.00 2.67 (Lowest Price / Evaluated Price) * Pts for Section VENDOR Product QUATITY BASE BID TOTAL Black Castle General Contractors $5,188,700.00 $5,188,700.00 Landmark Structures I LP $4,682,000.00 $4,682,000.00 CB&I LLC $5,547,000.00 $5,547,000.00 City Council Meeting: Department: Subject: BACKGROUND: Agenda No. 6 CITY COUNCIL MEMORANDUM January 22, 2019 Finance Resolution No. 19 -R -01 — A resolution by the City Council of the City of Schertz, Texas authorizing EMS debt revenue adjustments, Utility Billing debt revenue adjustments and Schertz Magazine debt revenue adjustments for certain inactive outstanding receivables and other matters in connection therewith In the EMS, Utility Billing, and Magazine functions, services are provided to customers up front and billing is settled later. Since services are provided before receiving payment, inevitably the City has customers that do not pay for the services provided. When this occurs, staff reaches out to the customer to try to collect the outstanding payment including follow up notices and phone calls to try and reach out to the customer to remind them of the outstanding balance and encourage payment. However, the longer the customer account goes without a payment the less likely that any payment will be received. Once a customer account reaches 180 days without payment, Staff brings those accounts to the City Council to be "written off'. This process is an accounting procedure following the Generally Accepted Accounted Principles (GAAP), which lays the framework of accounting practices in the U.S. This designation means it is unlikely those outstanding balances will ever be collected. This leads to an accounting adjustment on the City's Financial Statements to accurately show how much is still outstanding and is reasonable to expect collection. If a customer's account has been written off, this does not erase or forgive that debt. The city can and does collect some portion of the amount owed by those customers. This can be through the debt collection agency used by EMS or if the customer returns to the City and requests new services through the Magazine or Utility Billing. The resolution authorizes the debt for these areas that is more than 180 days outstanding as of December 01, 2018 to be written off. These write offs come before council quarterly and last came before council on September 25, 2018. Utility Billing wrote off the current and previous periods with the September 2018 write offs and has no new bad debt accounts as of December 1, 2018. City Council Memorandum Page 2 Previous Write off Amount: February 2017: $621,138.97 June 2017: $544,944.16 September 2017: $510,516.01 January 2018: $510,637.79 March 2018: $433,427.15 June 2018: $439,627.14 September 2018: $521,281.82 Recovery of Bad Debt As of December 31, 2018, EMS has recovered $5,074.70 of bad debt during the current fiscal year. FISCAL IMPACT This accounting adjustment will not affect the City's Budget or financial standing. The amount written off is estimated during the budget process and is accounted for in the revenue estimations and the bad debt expense accounts. The action taken tonight will reduce the amount shown as owed to the City by $727,307.39 and set it equal to the amount seen as still reasonably collectible. The breakdown is as follows: EMS - $727,307.39 Utility Billing - $0.00 Magazine - $0.00 RECOMMENDATION Staff recommends Council approve Resolution No. 19 -R -01 ATTACHMENTS Resolution No. 19 -R -01 RESOLUTION NO. 19 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days nonpayment will be sent to City Council for consideration for write offs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the write off in the amount and distribution of accounts below: Function I Amount EMS $727,307.39 Utility Billing $0.00 Magazine $0.00 Total 1 $727,307.39 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 finding 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 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 22nd day of January 2019. CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis CITY COUNCIL MEMORANDUM City Council Meeting: Department: Subject: BACKGROUND Agenda Item 7 January 22, 2019 Finance /Human Resources Resolution 19 -R -06 — A resolution by the City Council of the City of Schertz, Texas authorizing a Payroll and Human Resources Service agreement with ADP, and other matters in connection therewith In November 2018, the City's payroll clerk of 15 years announced her retirement. Staff took this opportunity to consider various outsourcing options to ensure the payroll process was as efficient and cost effective as possible. Requirements include an employee self - service portal, seamlessly uploading benefit deduction information, automatically computing longevity and certification pay, easy integration with a time keeping software, and a third - party administrator to process payroll. In FY 201.7 -1.8, staff had been authorized to review and implement a new time keeping system to improve tracking of time and replace manual entry of Fire and EMS time sheets for payroll. The new system would also need to provide employees the ability to see exact times they arrived and left work as well as allow for multiple types of work schedules and overtime calculations. During the review of potential outsourcing companies, ADP was the only firm to meet all criteria for payroll and time keeping with their all in one system. ADP also can provide Human Resources and Benefits system currently provided by CivicHR and Incode. This system would integrate into the payroll /time keeping and would reduce data entry into multiple systems. ADP also integrates with the City's insurance provider to provide automatic insurance updates based on open enrollment and life events. Any payroll functions not provided by the ADP system can be redistributed to other existing staff members with little change in workload due to the additional efficiencies. ADP is a member of OMNIA Partners, a nationwide cooperative purchasing organization for the public sector. FISCAL IMPACT *Expenditures listed are approximate Overall the City has budgeted for these services $85,500 in FY 201.8 -19. ADP can provide all the required services for approximately $75,000 for an annual savings of $10,500. For the first year, the City would still have to continue to operate CivicHR and Incode until ADP's new system is running and verified accurate. Those additional costs will be offset by the one -time payment from Blue Cross Blue Shield to develop an employee self - service portal which will be developed as part of the ADP platform. This contribution form Blue Cross Blue Shield would turn the $13,000 over budget into a $2,000 net savings in year 1. The annual payment for ADP is estimated to be $73,377.00 but can fluctuate by number of active employees. SUMMARY OF RECOMMENDED ACTION Staff recommends City Council approve the resolution authorizing the City Manager to enter into a contract with ADP for payroll and HR services. FY 2018 -19 Budget Year 1 Costs of ADP* Year 2 Costs of ADP* Staff Wages $47,000 Time Keeping $15,000 Software CivicHR $13,000 $13,000 Incode $10,500 $10,500 ADP $75,000 $75,000 HR/Payroll/Time Keeping Subtotal $85,500 $98,500 $75,000 (Over)/Under ($13,000) $10,500 Budget Blue Cross Blue $15,000 Shield Access Portal. Contribution Total $2,000 $10,500 (Over) /Under *Expenditures listed are approximate Overall the City has budgeted for these services $85,500 in FY 201.8 -19. ADP can provide all the required services for approximately $75,000 for an annual savings of $10,500. For the first year, the City would still have to continue to operate CivicHR and Incode until ADP's new system is running and verified accurate. Those additional costs will be offset by the one -time payment from Blue Cross Blue Shield to develop an employee self - service portal which will be developed as part of the ADP platform. This contribution form Blue Cross Blue Shield would turn the $13,000 over budget into a $2,000 net savings in year 1. The annual payment for ADP is estimated to be $73,377.00 but can fluctuate by number of active employees. SUMMARY OF RECOMMENDED ACTION Staff recommends City Council approve the resolution authorizing the City Manager to enter into a contract with ADP for payroll and HR services. ATTACHMENTS Resolution 19 -R -06 RESOLUTION NO. 19 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PAYROLL AND HUMAN RESOURCES SERVICE AGREEMENT WITH ADP, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a payroll and human resources service agreement with ADP; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with ADP pursuant to the Master Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with ADP in substantially the form set forth on Exhibit A. 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 22nd day of January, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A 50234811.1 A -�. Investrnen't SumrTiary Quote Number 02-2018-527684,1 Company information City of Schertz 204 Sc hertz Pkwy Ofc, Schertz,'T'X 78154. Uri�ted States M 400 Total Employees ADP Saies Associate Desiree Bautista Trainee djag"NOWINW99k. 1�1 $15,360.00 ImpflemcMation Costs $87,21 .0 Total Annual nvestment Expiration 1/31/2019 A mofe huffran �esou,ce.' ExeWfive Contact Lindsey Cox HR Director IcoxLq)schertz.g;om (210) 619-1151 ($13,840.00) Total AnnuaE Savings during pmmotional period' See Terms Sales Order Quote Number Company Information Exeoutve Contact City oJSchertz Lindsey Cox 204Sdledtz Pkwy Ofc, HR Director Sohertz.TX78154 United States (210) 819-1151 Processing Fees and Considerations Number of Employees: 400 on City of Schertz lw" Per Processing Count Min Base Rate Bi-Weekly Annual Workforce Now Payroll Solutions 400 - $66.50 $1.58 $698.50 $18.161.00 0 Essential Plus Payroll Employment and Income Verification w Employment Verification Montlfly Processing Count Min Base Rate Monthly Annual Workforce Now HCMSolutions 400 - - $883 $2.732.00 $32.784.00 * Enhanced HR * Benefits Administration * Health & Welfare Carrier Connections m Hackett Best Practice Program Workforce Now Time and Attendance 400 $1.400.00 - See Below $2.240.00 $26.880.00 * Enhanced Time * Hosting Services |nTouoh Bar-code Time Clock Subscription 1 - - $195.00 $195.00 $2.340.00 |nTouohBiomotriu Finger Scan Subscription 1 - - $20.00 $20.00 $240.00 Talent Management and Activation 400 - - $0.84 $33&00 $4.032.00 0 Performance and Goal Management Workforce Now Time and Attendance Additional Jurisdiction (if applicable) International Employees Rate (if 1-999 $7.00 1000-1999 $5.50 2000 -990009 $5.50 2+ $8.95hnonth $3.00hnonth ENS Annual Processing Count Min Base Rate Annual Year End Forms, W2s or 1099s 400 $6.95 $2,780.00 4) Total Annua||OVestme[t Workforce Now Services Sales Order Quote Number Company information City oJSchertz 204SoheFtz Pkwy Ofc, Sohertz.TX78154 United States ExeWfive Contact Lindsey Cox HR Director C210\819-1151 ,W" Other Cons�derations Count Rate Setup Hardware and Other Fees � Standard Health & Welfare Carrier Connection Feed 1 $560.00 $560.00 buiupn Implementation * Implementation for Workforce Now Payroll Solutions $1.400.00 * Implementation for Workforce Now HCMSolutions $4.000.00 * Implementation for Workforce Now Time and Attendance $8.800.00 * Implementation for Performance and Goal Management $800.00 * Client will load hours history themselves N64 Total Other Considerations Implementation and Setup Implementation Discount Value Estimated Total Net Implementation $38/400.08 ($23.040.00) Sales rd r Quote Number 02- 2018 - 527684,1 Company Information Executive Contact City of Echertx Lindsey Cox 204 EcheFtx Pkwy Ofc, HR Director Sc hertz, TX 78154 k.,,ox(@,schertz.com United Mates (210) 519 -1151 Important Project and Billing Information lw" Product Billing for Payroll Processing Services, HCM and any module bundled into the single per employee per processing fee for payroll, is billed immediately following the client's first payroll processing. The billing count is based on the number of pays submitted during each processing period, therefore total billing may fluctuate. Billing for Enhanced Time will be begin on the date Enhanced Time is available for use by the client in a production environment. The billing counts is based on all non - terminated employees in the Time Module. This count includes practitioners and supervisors. Billing for all modules bundled under HCM Solutions will begin on the date the ADP Product or Service is available for use by the client in a production environment. The billing count is based on all unique lives in the database paid in the previous calendar month. Any non - terminated employees based outside the United States will be billed separately as International Employees. Billing for all modules bundled under Talent Activation Suite will begin on the date the ADP Product or Service is available for use by the client in a production environment. The billing count is based on all unique lives in the Workforce Now database paid in the previous calendar month. The Enhanced Time pricing is based solely on tracking US employees Only. Extra fees will apply for tracking any lives outside the US. Promotion Promotion is spread over the first three (3) years of services (also referred to as the Promotional Period) applying to months 7 & 8 each year from each product/controls start date. Actual promotional value may vary based on a number of reasons, including but not limited to: start date, number of processings during the promotional month(s) and actual number of employees paid during the promotional months. Other Start Date: Payroll:4/23/2019 I HCM:4/23/2019 ( Time:4/23/2019 ADP's Fees for Service will be debited directly out of client's bank account of their choosing seven (7) days from invoice date. Expiration Date: 1/31/2019 Sales Order Quote Number Company Information City oJSchertz 204SoheFtz Pkwy Ofc, Sohertz.TX78154 United States ExeWfive Contact Lindsey Cox HR Director C210\819-1151 2W" Summary Estimated Annual Net Investment- $87,217.00 Total Net $15.300.00 Estimated Annue| Net Investment $73377,00 dUring promotional period: The ADP Services Listed on this Sales Order are provided at the prices set forth herein and in accordance with the ADP Master Services Agreement (or other similar agreement governing ADP's services), which shall include any appendix, exhibit, addendum, schedule or other similar document attached thereto or accompanying this Sales Order. By signing below you are acknowledging and agreeing b such terms and conditions and to the listed prices. ADP, LLC Signature: Name: Title: Date: Client: City of Schertz Signature: Name: Title: Date: Sales rd r Quote Number 02-2018-527684,1 Company Information City of Echertz 204 Echertz Pkwy Off, Sc hertz, To 78154 United States Workforce Now Induded Services Essential Plus Payroll * Tax Filing Service * Payment Services * Reports Library and Custom Report Writer * Wage Garnishment Processing * Group Term Life Auto Calculation * One Delivery Location Enhanced Ids * ADP Portal with Customized Content * Paid Time Off (PTO) Accruals Engine * Multiple Language & Currencies * Country Specific Workflows & Processes * Country Specific Custom Fields & Formatting * Employee and Manager Self Service Benefits AdmMistration * Multiple Benefit Plan Types * Flexible Rate Structures (Age Banded & Salary Tiers) * Notifications & Approvals * Invoice Auditing * Annual 1095 -C Forms Health & Welfare Carrier Connections Hackett Best Practice Prograrn * Semi- Annual Meeting with Hackett Advisor * Semi- Annual Benchmarking Enhanced Time * Multiple Time Collection Methods * PTO Management & Reporting * Request & Approval Workflows * Scheduling Hosting Services Employment Vedfication * Commercial Employment and Income Verifications * Social Services Verifications * Workers Compensation Verifications Executive Contact Lindsey Cox HR Director Ic.ox (d)schertz,corn (210) 519 -1151 * Employee and Manager Self Service * Access to Mobile Apps * Employee Discount Program * New Hire Reporting * General Ledger Solution * Online Reports and Pay Statements * Employee Development Tracking * Onboarding * Compliance Reporting * Organization Charting * Policy Acknowledgement * Dependent & Beneficiary Tracking * Employee Open Enrollment * ACA Measurement Dashboard * Evidence of Benefit Offering Screens * Annual 1094 -C Filing • Access to WFN Hackett Portal - best practices,key metrics and play books • Hackett white papers, webinars and research * Rule Based Calculations * Enhanced Accruals 'Engine' * Time Off Request Template * Access to Mobile Apps * Client access to Electronic Reports and Tools * Immigration Verifications lw" Sales Order Quote Number 02=2018-527684A Company Information City of chertz 204 chertz Pkwy Ofc, Schertz, TX 78154 United States Workforce Now lnctided merles Performance and Goal Management e Custom Performance Review Templates 360 Degree Peer Review Executive Contact Lindsey Cox HR Director lcoxCa),schertz, com (210) 619-1151 Employee Goal Management Manager Dashboard Thank you for your consideration A rnoee hqffran ADP Workforce Now Master Services Agreement ADP, LLC: (referred to herein as "ADP ") One ADP Boulevard Roseland, New Jersey 07068 United States Client: (referred to herein as "Client ") City of Schertz 204 Schertz Pkwy Ofc Schertz, TX 78154, United States Attention Lindsey Cox 01 -04 -2019 (Effective Date) �W, ADP and Client agree that ADP shall provide Client with the following services in accordance with the terms and subject to the conditions set forth in this Major Accounts Services Master Services Agreement (the "Agreement') ANNEX A: GENERAL TERMS AND CONDITIONS ANNEX B: PAYROLL PROCESSING & TAX FILING; EMPLOYMENT VERIFICATION SERVICES ANNEX C: TIME AND ATTENDANCE SERVICES ANNEX D: HR, BENEFITS AND TALENT MANAGEMENT SERVICES ANNEX P: HACKETT BEST PRACTICE PROGRAM BY SIGNING BELOW, CLIENT ACKNOWLEDGES THAT THEY HAVE REVIEWED THE ENTIRE AGREEMENT INCLUDING THE TERMS AND CONDITIONS IN EACH ANNEX CORRESPONDING TO SERVICES PURCHASED PURSUANT TO THE SALES ORDER. This Agreement includes the Annexes related to the services selected by Client. Each Annex listed above is attached hereto and is incorporated into this Agreement in full by this reference as if set forth in this Agreement in full. ADP, LLC CLIENT (Signature of Authorized Representative) (Signature of Authorized Representative) (Name - Please Print) (Name - Please Print) (Title) (Date) (Title) (Date) ADP Proprietary and Confidential 02- 2018 - 527684.1 Version 3 (07012016) Cover -2 ADP Workforce Now ADP Workforce Now � Annex A General Terms and Conditions 2W A more human resource:' ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now A -1 ADP Workforce Now � Annex A General Terms and Conditions 2W A more human resource:' ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now A-2 ADP Workforce Now � Annex A General Terms and Conditions 2W A more human resource:' ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now A-3 ADP Workforce Now � Annex A General Terms and Conditions 2W A more human resource:' ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now | Annex A General Terms and Conditions 2W A more human resource:' CONNECTION WITH THIS AGREEMENT OR THE SERVICES, HOWEVER CAUSED AND UNDER WHATEVER THEORY DF LIABILITY, EVEN |F SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY (JF SUCH DAMAGES, The foregoing exclusion shall not apply to claims for consequential damages arising from ADP's or Client's (i) willful, criminal or fraudulent misconduct, or (ii) breach or breaches of Section 4.1 or Section 9.3 under this Agreement; provided however, that any consequential damages recovered by Client or ADP in a calendar year for claims pursuant to Section 7.5(ii) will be subject to the Extraordinary Cap set forth in Section 72above. ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now A_5 ADP Workforce Now � Annex A General Terms and Conditions 2W A more human resource:' ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now A-6 ADP Workforce Now � Annex A General Terms and Conditions 2W A more human resource:' HMMISM i i ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now A-7 ADP Workforce Now � Annex A General Terms and Conditions 2W A more human resource:' ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now A-8 ADP Workforce Now I Annex B Payroll, Employment Tax, Wage Payment and Employment Verifications Services 2W. A more hurnan resource:' 2 Billing, Payroll, Employment Tax & Wage Payment Services and any other Services bundled into the pricing for such services are billed immediately following Client's first payroll processing. The billing count is based on the number of pays submitted during each payroll processing period, therefore total billing may fluctuate, ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now D -1 ADP Workforce Now I Annex B Payroll, Employment Tax, Wage Payment and Employment Verifications Services 2W. A more human resource:' 4.2.1 Provision of Information; Contesting Claims. Client will on an ongoing basis provide ADP and not prevent ADP ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now B-2 ADP Workforce Now | Annex Time and Attendance Services 2W. A more human resource�' ADIRlDme & Attendance Services, ADP will provide Client with those time & attendance services delivered via ADP Workforce Now including ADP Workforce Now Essential Time, ADP Workforce Now Enhanced Time or ADP Enterprise eTime ("ADP Time & Attendance Services"), For hosted ADP Workforce Now Enhanced Time and ADP Enterprise eTime products only, additional license terms are available at . ADP Time & Attendance Services are available for use inalimited number of countries outside the United States, although certain restrictions and requirements may apply. Billing for ADP Time & Attendance Services. Billing for ADP Time & Attendance Services will begin on the date such Services are available for use by Client ina production environment, ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now C_1 ADP Workforce Now I Annex C Time and Attendance Services Ap. A more human resource:' ADP Proprietary and Confidential Version 5.1 (08012018) ADP Workforce Now C-2 ADP Workforce Now I Annex D HR, Benefits and Talent Services 2W. A more human resource:' ADP Workforce Now I Annex D HR, Benefits and Talent Services 2W. A more human resource:' shall be responsible for respecting all individual rights of access, correction or deletion and for responding to any individual or ADP Proprietary and Confidential Version 5 (06152018) ADP Workforce Now D —2 ADP Workforce Now Uex D HR, Benefits and Talent Services 2W. A more human resource�' 7.2. Form 1-9 Retention. During the term of the Agreement, ADP will store electronic copies of Forms 1-9 in the WFN EI-9 Services for a minimum of three years from the employee's hire date or until one year after the employee ceases to be employed by Client (or the applicable Affi{iate), whichever is later (or ae otherwise required by changes ho federal regulations that come into effect hereafter). Upon termination or expiration of the Agreement, ADP shall use commercially reasonable methods to transfer all electronically stored Forms 1-9 to Client in accordance with ADP's current security policies. Upon termination of the WFN EI-9 Services, Client shall be solely responsible for storage of copies of Forms 1-9. ADP Proprietary and Confidential Version 5 (06152018) ADP Workforce Now ADP Workforce Now I Annex P ADP Workforce Now@ Hackett Best Practice Program 2W. A more human resource:' A, The ADP Workforce Noe Hackett Best Practice Program (the "Program") provides Client with access to best practices, performance metrics, research, webcasts and forums as well as direct access to HCM professionals. B. The Program is provided pursuant to the additional terms set forth herein as Attachment 1 and Client agrees to such terms. Notwithstanding the terms of Annex A, Section 15.6 (Third Party Beneficiaries) to the contrary, The Hackett Group, Inc. ("Hackett") is a third party beneficiary to the terms set forth in Attachment 1 Attachment I The content of the Program which can be accessed on-line thmuahthe Hackett Member Center, is as follows; F- - - - -- - F, — -- — ----- - - - -- - -- ------- ADP Workforce NowO Hackett Best Practice Program ADP Workforce Now ---------------------------------------------------------------------------------------------------- Best Practice Access to Hackett Best Practice Accelerators ------------------------------------------------------------------------------------------------------- Accelerators - Hackett HCM Benchmark Tool - ADP Workforce Now HCM Best Practice Playback - ADP Workforce Now HCM Best Practice Process Flows -------------------------------------------- Best Practice Online Seats to the Hackett Member Center Portal 10 seats Research Process Taxonomy, Best Practices, Metrics, Conference Presentations, Research Repository, Webcast Archive Unlimited participation in Performance Studies Customized reports and readouts from Performance Studies --------------------------------------------------------------------------------------- - -------------------------------------------------- Measurement - ----------------------------------------------------------------------------------------------------------------------------------------- - ------------------------------------------------------------------------------------------------------- Named individuals for on-demand Benchmark Tool Update Readout/Discussion 2 virtual meetings / year 2 annual virtual meetings Advisor Access ------------ Quarterly Workforce Now Member Interactive Webcast - ---------------- - --------- ADP Workforce IN ow Hackett Best Practice Accelerators Accelerator j Description 1 Hackett HCM The Hackett HCM Benchmarking tool provides a prospect and client a way of understanding Benchmark Tool how their HCM organization compares to Peer and World class companies and identifies areas of opportunity, 2 Best Practice The Best Practice Playbook guide is used to provide Client and implementation teams with an Playback Guide understanding of how each best practice is enabled within ADP Workforce Now HCM and I not, recommendations to achieve desired outcomes. ADP Proprietary and Confidential ADP Workforce Now Version 5 (06152018) P — 1 ADP Workforce Now I Annex P ADP Workforce Now@ Hackett Best Practice Program 2W. A more human resource�' Peer Events Clients may participate |n Virtual Member Events, These events feature both advisor-led presentations showcasing an adoption-specific best practice or technique, as well as member-led discussions highlighting practices implemented in real-world settings. These sessions encourage peer interaction through learning about the successes and challenges of similar executives leading significant change initiatives. (Unlimited Attendance) Term The Program period runs concurrently with the term uf this Agreement and Program membership may be terminated upon 9Odays' notice from Client toHackett and ADP. ADP Proprietary and Confidential ADP Workforce Now Version 5 (06152018) P-2 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 Department: Fire Subject: Resolution 19 -R -07 Authorizing the City Manager to enter into an agreement for the purchase of one (1) Ford F550 Emergency response vehicle at a not to exceed amount of $53,000.00 Background The Fire Department received approval from Council on April 24, 2018 in resolution # 18 -R -47 to apply for a grant from State Homeland Security (UASI) Program. Schertz Fire was awarded funding for a primary mover vehicle to support our Guadacoma Hazmat Team. Staff is bringing this item to Council because it is a purchase over $50,000 and the Police department has previously spent $199,696.75 with Silsbee Ford. The Police Department purchase was approved in Resolution 18 -R -150 on November 27, 2018. Schertz Fire Department is a founding member of the FEMA Type III, GuadaComa Emergency Response Group that includes New Braunfels, Seguin, Cibolo, Selma and the Guadalupe, Comal and Bexar county area. The team currently covers 395 square miles of 3 counties ( Bexar, Comal. and Guadalupe Counties). The estimated population in this area is approximately 235,000. This group's sole purpose is to work jointly to mitigate hazardous material incidents to limit the public and commercial impact of these situations. This vehicle purchase will be used to transport the Hazmat Team trailer to calls in the Guadacoma response area. Goal To authorize the City Manager to execute a purchase with Silsbee Ford for the purchase of one (1) new 2019 . Ford F550 Vehicle. Summary of Recommended Action Approval of this resolution will allow the purchase of one (1) emergency response vehicle. The purchase of this vehicle will be completed through Silsbee Ford under the GoodBuy cooperative purchase agreement. This cooperative agreement allows the City to utilize contracts with a large network of participating vendors providing the best value to the City. Authority for such cooperatives is granted under Texas Government Code §§ 791.001 et seq as amended. Additionally, Subchapter F, Chapter 271.102 of the Texas Local Government Code, "Cooperative Purchasing Program Participation," provides that a local government may participate in a cooperative purchasing program with other local governments or a local cooperative organization established to provide local governments access to contracts with vendors for the purchase of materials, supplies, services or equipment. Fiscal Impact The purchase of this emergency response vehicle will be funded through reimbursement through the State Homeland Security Program (UASI) Grant funds. This grant is a 100% grant with no matching funds required by the City. Recommendation Approval of Resolution 19 -R -07 Attachment(s) Resolution 19 -R -07 Quote from Silsbee Ford RESOLUTION NO. 19 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) FORD F550 EMERGENCY RESPONSE VEHICLE AT A NOT TO EXCEED AMOUNT OF $539000. WHEREAS, the Schertz Fire Rescue has a need to purchase one (1) emergency response vehicle; and WHEREAS, the Schertz Fire has done due diligence in researching what emergency vehicle best fits the needs of the department, to obtain the best pricing and to provide the best quality of emergency response vehicle; and WHEREAS, the Schertz Fire has chosen Silsbee Ford, a vendor participating in the GoodBuy Cooperative Program, for the purchase of one (1) new Ford F550; and WHEREAS, purchases under the cooperative programs meet the requirements under Subchapter C, Chapter 791.025 of the Texas Government Code, which states that a local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the City Manager to contract with Silsbee Ford, pursuant to the vendor quote process award information attached hereto as Exhibit A (the "Supporting Documentation "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to accept the Silsbee Ford quote attached in Exhibit A and issue a Purchase Order to Silsbee Ford in a not to exceed amount of FIFTY THREE THOUSAND AND ZERO DOLLARS ($53,000.00). 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 50234811.1 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 22nd day of January, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 d11 b PRODUCT PRICING SUMMARY GOODBUY 19 - 8F000 VEHICLES VENDOR -- Silsbee Ford, 1211 Hwy 96 N., Silsbee TX 77656 End User: CITY OF SCHERTZ Contact: JERRY MCFARLAND Email: Product Description: 2019 FORD F -550 A. Bid Item: B. Factory OntionS Prepared by: GLEN ANGELLE A. Base Price: 1 $ 32,018.00 Code Options Bid Price Code Options Bid Price CREW CAB UPGRADE $ 6,981.25 EXT. VERMILLION RED 4.88 LTD SLIP $ 360.00 POWER EQUIPMENT GROUP $ 1,125.00 BRAKE CONTROLLER $ 270.00 CRUISF CONTROL $ 235.00 PAYLOAD PLUS UPGRADE $ 1,155.00 6.8L V -10 6 -SPEED AUTO 40/20/40 CLOTH SEATS Total of B. Published Options: 1 $ 1.0,126.25 Published Option Discount (5 %) $ (157.25) D. E. F. G. Floor Plan Interest (for in -stock and /or equipped vehicles): Lot Insurance (for in -stock and /or equipped vehicles): Contract Price Adjustment: Additional Delivery Charge: H. Subtotal: L Quantity Ordered J. Trade in: 1 xK= 0 miles K. GOODBUY Administrative Fee ($300 per purchase order) L. TOTAL PURCHASE PRICE INCLUDING GOODBUY FEE $ 51,947.70 $ 51,947.70 $ 300.00 52,247.701 0 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 Department: Facilities Services Subject: Resolution No. 19 -R -08 - A resolution by the City Council of the City of Schertz, Texas authorizing expenditures with Burch Roofing totaling no more than $65,000.00 for roof replacement and repairs during the 2018 -2019 Fiscal Year and other matters in connection therewith Burch Roofing was awarded the project of replacing the roofing on seven of the City's buildings. These buildings included the three buildings at the Garden Ridge Water Tower, Pool Facility at Pickrell Park, two Restroom buildings at Pickrell Park, and City Hall. The cost of the project was $40,495, and was funded from existing bond revenue. This was expected to be completed 2017 -2018 Fiscal Year. Due to the pool's summer schedule and the weather incurred at the end of the summer break for the schools the project was delayed. The delay resulted in the billing and funding of the roofing project to fall within the current year. Given that the work began in FY 2017 -18 Facilities Services staff incorrectly assumed that this amount did not count toward the current FY 18 -19 limit of $50,000 with a particular vendor that does not require Council approval. Subsequently staff spent another $9,560 with Burch roofing putting the amount over $50,000. A lack of familiarity with account procedures plays a role in a lack of compliance with the City's purchasing policy. Efforts to correct this issue an others will be covered as part of the Purchasing workshop To date, the City has spent approximately $50,055 with Burch Roofing for roofing. For the remainder of the Fiscal Year, the Facilities Services Department anticipates about $15,000 in additional roofing work and possible repairs with Burch Roofing. GOAL To obtain authorization from City Council for expenditures with Burch Roofing for roofing work in an amount not to exceed $65,000. COMMUNITY BENEFIT Dry buildings that provide a place for the Public, Council, and City Staff to work and interact. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize Staff to use Burch Roofing with a new not to exceed amount for Fiscal Year 2017 -18 in an amount not to exceed $65,000. FISCAL IMPACT Funds (the not to exceed amount of $65,000 for roof replacement and repair are budgeted and available. ATTACHMENTS Resolution 19 -R -08 RESOLUTION NO. 19 -R -08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH BURCH ROOFING TOTALING NO MORE THAN $65,000.00 FOR ROOFING REPLACEMENT AND REPAIR DURING THE 2018 -2019 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City") requires the purchase of Roofing Maintenance; and WHEREAS, the City has already purchased items with Burch Roofing this Fiscal Year totaling approximately $50,055; and WHEREAS, the City Council authorizes City Staff to request additional roofing work by Burch Roofing to be invoiced in an amount not to exceed $65,000.00 for the remainder of Fiscal Year 2018 -2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes expenditures with Burch Roofing not to exceed $65,000.00 for Fiscal Year 2018 -2019. 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 22 t day of January, 2019 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda No. 10 City Council: January 22, 2019 Department: City Manager's Office Subject: Resolution No. 19 -R -09 - A resolution by the City Council of the City of Schertz, Texas supporting an extraterritorial jurisdiction agreement with the City of San Antonio. On May 1, 2018 the City Council authorized an Economic Development Performance Agreement between the City of Schertz Economic Development Corporation ( "SEDC ") and Schertz 312 LLC ( "Schertz 312 "). In connection with this action, Mayor Carpenter directed the Acting City Manager to begin negotiations with San Antonio to request the release of approximately 141 acres currently located in their Extraterritorial Jurisdiction (ETJ). Staff has contacted the City of San Antonio's Planning Department who has directed the City of Schertz to compile information on the site, provide information on the proposed future use of the site, describe how the City would regulate the site, and provide a resolution from the City Council stating the City's intention to support this process. Resolution 19 -R -09 states the City's support and intention to incorporate the approximately 141 acres into the City of Schertz city limits. Included in the resolution is reference Resolution 10 -R -15 where the City of Schertz and the City of San Antonio worked together to transfer approximately 3,486 acres between each community. The City of Schertz intends to use Resolution 10 -R -15 as a framework for a similar deal with the approximately 141 acres owned by Schertz 312. Schertz 312 supports the City of Schertz's actions as they desire to develop the entire 312 acres under one municipal jurisdiction. COMMUNITY BENEFIT Transferring the property from the San Antonio ETJ to the City of Schertz will accelerate the development of the property and help the regional economy as new sites a prepared for industrial development. Additionally, all utilities can be extended in such a way that they will not impede other property owners. FISCAL IMPACT There are no immediate fiscal impacts associated with this resolution; however, it is the intention that the City of Schertz may contribute future tax revenue similar to the agreement outlined in Resolution 10 -R -15 SUMMARY OF RECOMMENDED ACTION To authorize the City Manager, or his designee, to deliver Resolution 19 -R -09 to the City of San Antonio and to negotiate an ETJ agreement for the approximate 141 acres owned by Schertz 312. ATTACHMENTS Resolution 19 -R -09 RESOLUTION NO. 19 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING AN EXTRATERRITORIAL JURISDICTION AGREEMENT WITH THE CITY OF SAN ANTONIO AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Schertz 312 LLC ( "Schertz 312 ") owns 312.005 acres specified in Exhibit A having approximately 171 acres within the City of Schertz and 141 acres within the San Antonio extraterritorial jurisdiction; and WHEREAS, Schertz 312 intends to develop the property and desires to develop the property under a single jurisdiction; and WHERAS, the City of Schertz has the ability to extend infrastructure to the entire 312.005 acres; and WHEREAS, through Resolution No. 18 -R -51 the City Council authorized an Economic Development Performance Agreement between the City of Schertz Economic Development Corporation and Schertz 312 LLC. The agreement outlined the City of Schertz' intention to petition the City of San Antonio, Texas to release a portion of its extraterritorial jurisdiction such that it could be annexed into the City of Schertz; and WHEREAS, the City of Schertz and the City of San Antonio, Texas have a history of entering extraterritorial jurisdiction agreements as evidence in Resolution No. 10 -R -15 for the approximately 3,486 acres now located in southern Schertz; and WHEREAS, it is the intention of the City of Schertz that to enter into an Extraterritorial Jurisdiction Agreement with the City of San Antonio so that the 141 acres within the San Antonio extraterritorial jurisdiction may be released to become Schertz extraterritorial jurisdiction and ultimately annexed as done previously; and WHEREAS, the City Council has determined that it is in the best interest of the City to annex the property into the City of Schertz. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS rI.Ely Section 1. The City Council hereby authorizes the City Manager, and or his designee, to deliver Resolution 19 -R -09 to the City of San Antonio and negotiate an Extraterritorial Jurisdiction Agreement for the approximate 141 acres identified in Exhibit A. 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 22nd day of January, 2019. ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter -2- EXHIBIT B LEGAL DESCRIPTION 312.005 ACRES OF LAND (See Attached) -3- m CUDE ENGINEERS 4122 POND HILL ROAD. STE 101 PH ON 9: (210) 681 - 29 51 TBPE NO 455 SAN ANTONIO I AUSTIN SAN ANTON10i TEXAS:7a231 CUDEENCINEERS,COM TBPLS NO. 1004851 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 Department: Engineering Agenda No. 11 Subject: Resolution No. 19 -R -10 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing a Waterline Easement Agreement across Private Property from 7- Eleven, INC. a Texas Corporation and other matters in connection therewith BACKGROUND 7- Eleven Inc. a Texas Corporation is granting a waterline easement across their property that the City of Schertz needs for our utility relocation project in conjunction with the FM 1103 TX -DOT road widening project. The City of Schertz and 7- Eleven, Inc. has come to an agreement for the purchase of said easement that is within the amount authorized previously by council. Goal The goal of Resolution 19 -R -10 is to accept and authorize the Waterline Easement Agreements from 7- Eleven, INC. a Texas Corporation. Community Benefit To provide an easement for City owned utilities to be relocated to and provide continued access for city personal to be able to maintain. Summary of Recommended Action Staff recommends Council approve Resolution 19 -R -10 approving and authorizing execution of the Waterline Easement Agreements with 7- Eleven, INC. a Texas Corporation. FISCAL IMPACT The fiscal impact from this Resolution is the purchase price of the easement in the amount of $67,204.28 as previously authorized. I I'll p[o luEA10101117_rY[9701 Staff recommends Council approve Resolution 19 -R -10. ATTACHMENTS Resolution 19 -R -1.0 Waterline Easement Metes and Bounds RESOLUTION NO. 19 -R -10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATERLINE EASEMENT AGREEMENTS ACROSS PRIVATE PROPERTY FROM 7- ELEVIN, INC. A TEXAS CORPORATION AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into agreement for Waterline Easement Agreement with 7- Elevin, INC. a Texas Corporation ( the "Grantors "), in the form attached hereto as Exhibit A (the "Agreements "); and WHEREAS, the City needs the Waterline Easement in connection with the construction, operation, and maintenance of water mains to be relocated within the easement in the vicinity of the intersection of FM 1103 with IH 35; and WHEREAS, the Waterline Easement is necessary to relocated city owned utilities ensure access for the maintenance of water mains in the future; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Waterline Easements in accordance with the terms of the Agreements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreements with the Grantor in substantially the form set forth on Exhibit A and to accept the Waterline Easements in accordance with the terms of the Agreements. 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 22nd day of January, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A EASEMENT AGREEMENTS 0 F-Al 0 1 WM IN fAItf 111MM 10 J%1#AJMM#1k 46 6 0 THE STATE OF TEXAS § COUNTY OF COMAL § GRANT OF EASE ME NT: 7- ELEVEN, INC., a Texas corporation, with an address of 3200 Hackberry Road, Irving, Dallas County, Texas 75063 ("Grantor'), for the sum of Ten and No11 00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SC HE RTZ, TEXAS, a Texas home-rule city, with offices located at 1400 Scheliz Parkway, Schertz, Texas 78154 ("Grantee"), an casement and right-of-way ( "Easement ") upon and across the property of Grantor which is more particularly described on Exhibit "A", attached hereto and incorporated herein by reference ("Easement Tract"), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1 Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean potable water, wastewater, and reclaimed wastewater facilities. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The - Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Tract is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Tract in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Tract by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Tract, The right to convey to others the right to use all or pall of the Easement Tract in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Grantee will at all times permit vehicular and pedestrian ingress and egress to and from Grantor's property over and across the easement area to the adjoining roadways sufficient to permit the uninterrupted conduct of business operations on Grantor's property. Grantee agrees that the easement granted hereby is for the purpose of operating only the facilities as herein described and not for purposes of parking or storage of equipment or supplies. Grantee shall, at its own expense, and to the extent reasonably practicable, restore the easement area to the condition existing prior to the performance of any construction or maintenance work. As an additional form of consideration for the granting of this Easement, Grantee acknowledges and agrees that Grantor (and Grantor's heirs, successors, and assigns) specifically reserve the right to locate, maintain, replace, upgrade (so long as remaining in the same location), or repair the vent pipe and associated appurtenances located and shown in Exhibit IIBII attached hereto within the Easement (said reserved right referred to herein as "Grantor's Vent Pipe Rights"), Grantee agrees that its rights described herein will be subordinate to and subject to Grantor's Vent Pipe Rights and Grantor's Vent Pipe Rights shall run with the land and exist in perpetuity. 6. Improvement and Maintenance of Easement Tract. Subject to the provisions of Section 7., immediately below, improvement and maintenance of the Easement Tract and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Tract. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Tract, All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Subject to Grantor's Vent Pipe Rights, Holder has the right to remove or relocate any fences or other encroachments within the Easement Tract or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Tract and are damaged in connection with the work. 7. Maintenance of Sinface Easement TractlPermitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Tract, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Tract flee of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 8. Equitable Rights of Enforcement This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 9. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 10. Binding Effect, This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 11. Choice of Lau). This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in the county or counties in which the Easement Tract is located. 12. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 13. Waiver of .Default: It is not a waiver of or consent to default if the non-defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 14. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 15. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 16. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable, 17. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the patties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 18. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 19. RecitalslExhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 20. Entire 4greenient, This instrument contains the entire agreement between the patties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. [Signatures onfollowingpage.] THE STATE OF TEXAS • COUNTY OF DALLAS L"j, "w I I Us 7- ELEVEN, INC., a Texas corporation By: Name: shihil/ro Hatfiij c� Title: Mt6e President This instrument was acknowledged before me on u br I ('! 2019, by Yoshihiro Hatsuno , as Vice President of 7- Eleven, Inc., a Texas corporation, on behalf of said corporation. �iY FU VICTORIA BAAR Notary Public, Slate of Texas (seal) MY Comm, Expires I 0/1812021 Notary ID 124278691 THE STATE OF TEXAS § COUNTY OF GUADALUPE § UKX-" D1 w 9 D1 CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality LI-A Brian James, Acting City Manager This instrument was acluiowledged before me on , 2019, by Brian James, Acting City Manager of the City of Scheitz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public, State of Texas (seal) Date: March 28, 2018 ProjectNo: 1124.9211 101-M I �M �K� PAL 0.089 Acre (3895.9 84, Ft.) 0,089 acre (3895.9 sq. Ft.) easement, situated in the Rafael Garza Survey No. 98, Abstract No. 175, Comal County, Texas, being aportion of the H T S 2 Subdivision ubdivision as shown on a plat recorded in Volume 8, Page 224 of the Map and Plat Records of Comal County, Texas conveyed to 7- Eleven, Inc. in DocumentNo. 201206020912 ofthe Official Records of Comal County, Texas; being more particularly described as follows: BEGINNING: at a point for the Southeastern coiner of this easement on the, Southeastern line of the said H T S 2 Subdivision, the Northwestern line of Lot 5, Block I of the Hubertus Retail Subdivision as shown on a plat recorded in Document No. 200806006465 of the Map and Plat Records of Comal County, Texas, from which a Y2 inch iron rod found on the Southwestern line of F.M. 1103 for the Southeastern corner of the said H T S 2 Subdivision, the Northeastern corner of said Lot 5, Block I bears N 59'53'41" E —10.37 feet; THENCE: S 59153'41" W — 25,00 feet along the Southeastern line of the said H T S 2 Subdivision, the Northwestern line of said Lot 5, Block I to a point for the Southwestern corner of this easement, from which a Mag. Nail found for the Southwestern coiner of the said H T 8 2 Subdivision bears S 5905341" W- 175.09 feet; THENCE: N 30020'08" W — 168.58 feet across the said H T S 2 Subdivision to a point on a Northern line of the said H T 8 2 Subdivision, being a cutbaek line at the intersection of interstate Highway 35 and F.M. 1103, from which a Texas Department of Transportation Type 2 monument found bears N 74'40'39" W — 96.69 feet, THENCE: S 74'40'39" E — 35.77 feet along the said Northern line of the said H T S 2 Subdivision, the same being the said cutback line of interstate Highway 35 and F.M. 1103 to a point for the Northeastern corner of this easement, ftom which a Texas Department of Transportation Type 2 monument found for the Northeastern, coiner of the said H T S 2 Subdivision onthe Southwestern line of said F,M, 1103 bears 8 74140'39" E -14.81 feet THENCE,: S 30'20'08" E— 143.10 feet across the said H T 8 2 Subdivision to the POINT Or, BEG and containing 0.089 acres {3895.9 Sq. Ft) of land. 10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590-4777 F. (210) 590-4940 1-800-332-3109 www.fordengineeringxo1ii TBPE No. F- 1162 TBPLS No. 100 18400 1124.9211 HTS 2 Water / Wastewater Esmtdorm REVISED 09-05-2018 10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590-4777 F. (210) 590-4940 1-800-332-3109 wmfordenghicering-colli TI3PE, No. F-I 162 TBPLS No. 10018400 2 P;� N%O THIS 2. sC ,, dQ rT 1 " =60' Fw. TxoOT TM 2 UOK: E RAFAr:L oARzA VOOT ABSTFIAGARVE76M0691. couNTY 2 MON. ABSTRACTIR0,138 GUAVALLIPECOUNTY 1'7. FN S 301&" E 0.89, R WAS MADE ON THE GROUND, UNDER SION AND COMPLIES WITH THE CURRENT JY OF PROFESSIONAL SURVEYOR'S AND spEctricAmONS FOR A CATAGORY 4 2. LAND SURVEYOR om ' I KRUM FQ, I/ I on N hof P.O.81 BEARING ARE BASED ON TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE NAD 83/93; PLAT SHOWING 0.089 ACRE 3895.9 Sq. Ft. WATER / WASTEWATER ESMT. SITUATED IN THE RAFAEL GARZA SURVEY NO. 98, A-175, COMAL CO, BEING A PORTION OF H T S 2 SUBDIVISION AS SHOWN ON A PLAT RECORDED IN VOLUME 8, PAGE 224 OF THE MAP AND PLAT RECORDS OF COMAL CO., TX. Tetras sodely. of Ptofessionot sma)= INTERSTATF HIGHWAY 35 ("01C flow YMIES) Vent Pipes are highlighted in yellow. Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 Department: Subject: BACKGROUND City Manager's Officer Ordinance No. 19 -S -02 — Conduct a public hearing and consideration and /or action approving an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 4 Section 21.4.9 Designation of Landmark Properties and Heritage Neighborhoods and Article 13 Section 21.13.3 B Definitions Substantial Improvement. (First Reading) (B. James /B. James) As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. Designation of Landmark Properties and Heritage Neighborhoods Staff is proposing to eliminate UDC Sec. 21.4.9 from Article 4 Procedures and Applications. This section established the process for properties to be designated as Landmark Properties or Heritage Neighborhoods. These are intended as honorary designations. As staff was working with the Schertz Historical Preservation Committee on changes, it was deemed more appropriate to not include this in the UDC. As such, staff is going to seek Council approval of a resolution adopting the modified standards, but just not as part of the UDC. F000dplain Staff is proposing to amend UDC Sec.21.13.3 Definitions for the definition of Substantial Improvement. The Federal Government establishes minimum standards for floodplain management if their residents are to receive a subsidy for flood insurance; however, they may adopt higher standards. Currently the City has adopted a higher standard for Substantial Improvement for structures in the floodplain. This has proven problematic and an obstacle for redevelopment along Main Street. As such staff is making a recommendation to amend the UDC to adopt the minimum standard. City Council Memorandum Page 2 The current standard requires structures to be elevated or floodproofed if the cumulative value of the improvements exceeds 50% of the value of the structure as it existed from the adoption date of the ordinance (2013). As one may imagine, many structures had a lower value in 2013 than today or than they will in the future. Given how broad the definition of improvements is (replacing a broken AC or water heater, reroofing a structure, etc.), the current standard is proving to be problematic. Staff is proposing to amend the UDC to adopt the minimum standard — the value of the improvements over one year cannot exceed 50% or the structure must be floodproofed or elevated. The value of the property can be determined by the valuation listed with the appraisal district or an appraisal of the property. Goal Promote the history and culture of the City of Schertz as well as maintain the vitality of the areas of Schertz that are within the floodplain. Community Benefit Recognize structures of significance to the community's past and allow for reasonable investment and maintenance of structures within the floodplain. Summary of Recommended Action Close the public hearing and approve the proposed ordinance on first reading. FISCAL IMPACT I�►�Cii T-a 1• Approval of Ordinance 19 -5 -02 on first reading. At the December 12, 2018 . Planning & Zoning Commission meeting, staff made the recommendation to the Commission that the item be recommended for approval. Planning & Zoning Commission recommended that City Council approve the proposed UDC amendment with a 4 -0 vote. ATTACHMENT Ordinance 19 -5 -02 ORDINANCE NO. 19 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4 SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES AND HERITAGE NEIGHBORHOODS AND ARTICLE 13 SECTION 21.13.3 B DEFINITIONS SUBSTANTIAL IMPROVEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 1.0 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on December 12, 2018 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on January 22, 2019 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended by replacing the existing language found in Sec.21.13.3 B (entitled "Definitions: Substantial Improvement ") with the language set forth in Exhibit "A ", attached hereto and incorporated herein for all purposes. Section 2. The current UDC is also hereby amended by removing Section 21.4.9 ( "Designation of'LandmarkProperties and Heritage Neighborhoods'). 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 22" a day of January, 2019. PASSED, APPROVED AND ADOPTED on final reading the 5th day of February, 2019. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure or any series of reconstructions, rehabilitations, additions, or other improvements of a structure, the cumulative cost of which over the calendar year equals or exceeds fifty percent (50 %) of the value of the structure. The value of the structure is established by the appraisal district valuation or an appraisal. This term includes structures which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's continued designation as a "historic structure." Agenda Item 13 0111 &WOU111►`[4I ady 1 DIU [o7 710 Rod City Council Meeting: January 22, 2019 . Department: Engineering Subject: Resolution No. 19 -R -03 A Resolution . authorizing additional expenditures with Ford Engineering, Inc. totaling no more than $32,423.00 for professional engineering services for the Schertz Pedestrian :Routes & Bike Lanes Project. (B. James, S. McClelland) The City of Schertz Parks, Recreation, and Community Services Department applied for funding from the Alamo Area Metropolitan Planning Organization in January 2017 for the Schertz Pedestrian Routes and Bike Lanes Project. The project consists of construction of an off -road trail between Schertz Parkway and Wiederstein Road along the LCRA utility easement; construction of sidewalks on both sides of Live Oak Road between Schertz Parkway and FM 3009; and the striping of compliant bike lanes along both sides of Savannah Drive from the Selma city limits to FM 3009, and Woodland Oaks Drive between Schertz Parkway and FM 3009. On February 6, 2018 Council approved Resolution 18-R-08 authorizing expenditures with Ford Engineering totaling no more than $99,018.00 for professional engineering design and environmental services for the Schertz Pedestrian Routes & Bike Lanes Project. On June 26, 2018 Council approved Resolution 1.8 -R -71 authorizing additional expenditures with Ford Engineering for $2,600.00 in order to create sidewalk easements that were found to be necessary to complete the Schertz Pedestrian Routes & Bike Lanes Project. The City has a number of other contracts with Ford Engineering for design work. The scope of work for E. Live Oak Road in the original project was to add curb and gutter as well as sidewalk to both sides of the road from Schertz Parkway to F.M. 3009. For many years it has been discussed internally that a dedicated left turn lane at the intersection of E. Live Oak Road and F.M. 3009 would help alleviate the traffic congestion that often occurs on E. Live Oak Road due to the lack of a protected left turn movement. While staff was working to review the proposed design, it became apparent that the opportune time to widen the road to accommodate the turn lane would be with the Schertz Pedestrian Routes and Bike Lanes project so that the curb and gutter and sidewalk could be located correctly. Through discussions with Ford Engineering, TxDOT, and City Staff, a scope was agreed upon that would satisfy the needs of both the City of Schertz and TxDOT. Ford Engineering provided a proposal for additional services to adjust the design and to incorporate the necessary traffic signal work into the project. These additional services include preparation of construction plan sheets and specifications for the roadway and the necessary plan sheets and design for the traffic signal adjustments. Goal Extend the contract with Ford Engineering, Inc. to incorporate a dedicated left turn lane into the design of E. Live Oak Road at F.M. 3009 in conjunction with the Schertz Pedestrian Routes & Bike Lanes Project. Community Benefit Incorporating this work into the Schertz Pedestrian Routes and Bike Lanes Project will allow the new curb and gutter and sidewalk to be placed in the correct final alignment based on the need for an additional lane at the intersection. Designing the addition of a left turn lane at the intersection of E. Live Oak Rad and F.M. 3009 is also the first step in process towards making this improvement in the future. Once the design is complete, staff will have a better idea as to the cost of adding the turn lane and can begin seeking sources of funding. Ultimately, the addition of the left turn lane will help alleviate traffic backups on E. Live Oak Road at F.M. 3009 by adding capacity to the intersection. Summary of Recommended Action Approval of Resolution 19 -R -03 FISCAL IMPACT The cost to extend Ford Engineering's services is $32,423.00 and will be paid for the Contingency Account. ATTACHMENTS Resolution 19 -R -03 Resolution 18 -R -71. Contract extension with Ford Engineering, Inc. Resolution 1.8 -R -08 Contract with Ford Engineering, Inc. RESOLUTION NO. 19 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES WITH FORD ENGINEERING INC. TOTALING NO MORE THAN $32,423.00 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering and design services for the Schertz Pedestrian Routes & Bike Lanes Project; and WHEREAS, City staff has determined that Ford Engineering is qualified to provide such services for the City ; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, Ford Engineering is an approved On -Call Engineering Service for the City of Schertz ; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering pursuant to the On Call Engineering Project Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1�II I.11 Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering, in substantially the form set forth on Exhibit A, totaling no more than $32,423.00 for professional engineering services to design a dedicated left turn lane on E. Live Oak Road at the intersection of E. Live Oak Road and F.M. 3009 in conjunction with the Schertz Pedestrian Routes & Bike Lanes Project. 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 22nd day of January, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A CONTRACT WITH FORD ENGINEERING, INC. FEW WI-M. 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 inatter 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. M '4-Al �A"LI{II'JN'- Brenda Dennis, City Secretary M 7► Ir117_TiJI �`i/ I�1 f�T� 1 ► ' ► ► r 50234811.1 A -1 Will "71 I il "M THE STATE OF TEXAS § GUADALUPE COUNTY § This Professional Services Agreement ("Agreement") is made and entered by and between the City of Schertz, Texas, (the "City") a Texas municipality, and Ford Engineering, Inc. ("Professional"). - Me (A) Professional shall perforin the Services 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". Unless otherwise provided in the Scope of Work, the anticipated submittal of all Project deliverables is immediately upon completion of the Project. (B) The Quality of Services provided under this Agreement shall be performed with the professional skill and care ordinarily provided by competent Professionals practicing in the same or similar locality and under the same or similar circumstances and professional license, and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional holding the same professional license. (C) The Professional shall perform its Services 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 Professional 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 professional • when it has actual notice of any defects in the reports and surveys. Section 3® Compensation. Ford AA-MPO Final 20180122.docx Ford Engineering, Inc. Page I (C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project shall be included in the scope of services (Exhibit A) and accounted for in the total contract amount in Exhibit "B". If these items are not specifically accounted for in Exhibit A they shall be considered subsidiary to the total contract amount. W (A) Changes to Work: Professional shall make such revisions to any work that has been completed as are necessary to correct any errors or omissions as may appear in such work. If the City finds it necessary to make changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions if requested and as directed by the City and such services will be considered as additional work and paid for as specified under following paragraph. KQ= Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 2 Workers Compensation Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State • Texas on all the Professional's employees carrying out the work involved in this contract. 001 oil aluorflowile lia• I117 Insuldlicu 111111L 01 UL 101 V-,,,P4,1q__n7g1tr 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 Professional • its employees. Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent contractors working under the direction of either the Professional • a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Professional. 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 "13". 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. (A) Subletting. The Professional 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 Professional of any responsibility for work done by such subcontractor. Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 3 THE PROFESSIONAL. Where applicable, Professional shall retain all pre-existing proprietary rights in the materials provided to the City but shall grant to the City a non-exclusive, perpetual, royalty-free license to use such proprietary information solely for the purposes for which the information was provided. The Professional may, at Professional's expense, have copies made of the documents or any other data furnished to the City under or pursuant to this Agreement. (D) Compliance with Laws. The Professional 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 perforinance 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 Professional shall furnish the City with satisfactory proof of compliance. (E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional 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 (F) Profesakonulrtpreaeztuuodnvorna�sU\utPrmlemmkmalbuouoi given, made, oroa�L nor offered to give, make, p/umbm or pay any gift, bonus, commission, money orother oouubiuraTiom to any person as an inducement to or in order to obtain the work to be provided to the City under this Professional further agrees that Professional shall not u000d any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant 10 this Agreement) for any ofthe asmicoa performed 6v Professional under m related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional 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 asa credit against dzecoogpcumo1i000U\enwiosovvingtopno{eosiuuolnudcrcoporaoaot10 this Agreement. 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. I ,,H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope ,tf Services, this Agreement shall govern, The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations tha) exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional 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 Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory MERM (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. (B) If the City terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the Professional 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 services that have been timely and adequately performed by the Professional considering the actual costs incurred by the Professional 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 Professional 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 that is not the fault of the Professional, the Professional shall be compensated for all basic, special, and additional services actually perfon-ned prior to termination, together with any reimbursable expenses then due. Section 11. 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 12. Severabilitv. 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 14, 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 15. 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 Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 6 Section 20. Entire Agreement. It io 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 nf this Agreement exist. TbiuAsscmcotcamotheubuogcdortermivatedorally- Section 21. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed bythe parties hereto orhy any third party 1n create the relationship of principal undogeo1ornfyudncrobpo[uf'uint venture orof any association whatsoever between dbcyudies,bboiog expressly understood and agreed that um provision contained tothis Agreement nor any act or acts of the parties hereto shall bo deemed tn create any nla1ioumb' between the pmdico other than the ro]ahormh' of independent parties contracting with each other solely for the purpose Vf effecting the provisions of this Agreement. 23, Dispute Resolution. Iu accordance with the provisions VfSuhobaptcr� Chapter Z7l,TEx.LoCAL[;O\/"T CVIDE, the pmficsagree tba�pdor1oin�ih�' proceeding arising from o dispute under this agreement, the parties will fim1attempt to resolve the dispute }mtaking the following steps: (1)A written notice sobmLmdim1|v describing the nature of the dispute mbul be delivered by the dissatisfied party to the other party, vvbidb notice shall request a*rtUoo 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 outimr to that effect to the other party whereupon each party mbuJl appoint a person having authority over the uotbvdiom of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) Tf those persons oumoot or do not resolve the dispute, tbuo the parties shall each appoint u person from the highest tier of managerial remp000ibUbyvvithboeuob,eopecdYepady who shall then promptly meet, io person, inao effort to resolve the dispute. 24. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Effective January l'2Ol6, pursuant to House Bill |295 passed 6vthe 84th Texas 2252J908 Texas Government Code as and formal odem released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval hv the Sobortz 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 Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 7 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, htlps://www.ethics.state.tx.us/,vvhatsnew/`e.if info form 1295.1nm and https-// Nw.etfiics.state.tx.tis/te,�/1295- Info.htm for more information. IF YOU 14AVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS TIAE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON W140 IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER C14APTER 176 IS A CLASS C MISDEMEANOR. INM "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, • affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. I li 11 1 I'll I'll I Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 8 EXECUTED on this the day of By: Name: John C. Kessel Im City of Scheitz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 City Attorney City of Scheitz, Texas Attn, Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL: By: Name: Mark B. Hill, P.E. Title: President 71175727-W77771]Vrive, Suite, I San Antonio, Texas 78217 210-590-4777 Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 4 A M , '12, ; i " M I PMiect Schertz Pedestrian Routes and Bike Lanes Project Location Off-road trail along electrical easement between Schertz Parkway and Wiederstein Road (at Forest Ridge Park) and sidewalks along Live Oak Road between Schertz Parkway and FM 3009. Basic Services Scope of Work The design of the bike lanes shall comply with AASHTO's Guide for the Development of Bicycles Facilities, the City's Master Thoroughfare Plan Policy Document, and follow the requirements of Local Government Project Procedures, and Advanced Funding Agreement documents as provided by the City. The project includes a hike and bike trail following the electrical easements from Schertz Parkway to Wiederstein Road at Forest Ridge Park comprised of pervious material, and new pedestrian and bike access along E. Live Oak Road. M— ---------- ------ - Savannah Drive from the west city limit to FI�4 3009, and the establishment of new bike lanes and the updating of existini bike lane iavement markinis and si2naie alow Woodland Oaks Drive from Schertz Parkway to FM 4. Provide a topographic survey for East Live Oak Road for the proposed length of each street including identification of a. surface utilities, b. existing curbs, c. sidewalks, d. edges of pavement, Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 10 e. signage, f. driveways and g. approximate property corners. 5. Provide required environmental review for the project in compliance with TxDOT and Federal Highway Administration regulations and procedures regarding the National Environmental Policy Act (NEPA). ii. Professional shall prepare a Project Scope to be reviewed by TxDOT and request a Classification Letter for the project with the assumption that the project can be classified as • Blanket Categorical Exclusion (BCE) level of review, per the Programmatic Agreement (PA) for the Review and Approval of NEPA Categorically Excluded Transportation Projects between the FHWA-Texas Division and the TxDOT PA. M I I I I I � 11 0 ff-MY-2 I M. MI 7. Professional shall prepare the project schematic and layout with typical sections, and scaled plans and submit for a TDLR registration number on behalf of the City. 8. Professional shall prepare a preliminary construction estimate, preliminary schedule, a utility conflict matrix, the Design Summary Report, the DDRT checklist, a preliminary schedule, Form 1002, and attend the DDRT. Plans Specifications and Estimates Phases: Professional shall prepare the project construction plans in compliance with TXDOT standards, the LGPP, the AASHTO design standards for bicycle, and City standards. Plans shall include: 1. all typical sections, and scaled plans, and details, 2. temporary traffic control, 3. pedestrian detour plans and 4. anticipated detail for flashing pedestrian crossing signals at Wiederstein Road. Professional shall develop necessary storm water pollution prevention plans and the environmental permits, issues, and commitment plans at TXDOT recommended interim reviews at 30% and 60%. Professional shall prepare the specifications and bid documents per the anticipated TXDOT 2014 Standard Specification, and TXDOT material requirements. Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page I1 Final Specifications shall be prepared for bid, and include the documents, forms 1002, 2229, list of governing specifications, a completed Division LG Checklist, a contract time determination summary, the master general notes in word format, and all other required documents. TxDOT has specific documentation that is required in their bid documents. Professional shall coordinate with the City of Schertz; Purchasing department to ensure that required TxDOT specific documentation is prepared for use within the solicitation documents. ro ssiona s a 1 ze TeMsTerev. ac=, I Try syec1arM7_,T'75)—=#',7= iTnance- Professional shall submit for a TDLR registration number. Professional shall submit all documentation to T and obtain a Letter of Authorization, prior to be proceeding to bid phase. Bid Phase: The Professional shall provide the following services during this phase: 1. Professional shall aid in the bidding process including answering contractor questions and issuing of addendums. 2. Professional shall have a representative available for pre-bid and bid opening meetings with the City of Schertz. 3. Perform a onetime re-establishment of benchmarks for the East Live Oak and the trail to Forest Ridge Park. 4. Upon receipt of bid proposals, Professional shall: a. provide a tabulation of bid, b. call three references of the recommended respondent, c. provide the City and T with a recommendation of award. Construction Phase: The Professional shall provide the following services during this phase: 1. Attend a TXDOT workshop with the City prior to proceeding to the Construction Engineering and Inspections (CE&I) phase of the project. Related Services not included within the Basic Scope of Services: The following related tasks are not included with the basic scope of services. These services will be obtained separately by City. Additional City requested work of the Professional may require an additional task request. Any such requests shall require an amendment to this agreement and may require Council approval for funding and authorization. No additional work may be authorized without written approval to amend the agreement. Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 12 Calendar Bays 91 30 30 30 170 Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 13 R4111 M11011 30911 Iffl-1-111 a a RK11 " M 211W. y1unne 1.1 Compensation for all fees, costs, expenses and services defined by this Contract shal I be compensated at a Not-To-Exceed amount of $ 99,018.WOO — Ninety-Nine Thousand, Eighteen Dollars and No Cents, including expenses (the "Contract Price"), and it is agreed and understood that this amount, when earned, will constitute full compensation to the Professional. 1.2 This Contract Price is the sum of the phases as provided for by the Tasks detailed in the following schedule of values: PHASE Hourly Rate AMOUNT Task I — Environmental Engineering $25,385.00 Task 2 — 30% Design Phase $32,733.00 Task 3 — 60% Design Phase $ 18,790.00 Task 4 — 90% Design Phase $5,560.00 Task 5 — Bidding Phase $ 13,950.00 Total Basic Services $99,018.00 1.3 Basic Design Services The portion of the Contract Price allocated for Basic Design Services as provided for in Exhibit A shall be the lump sum amount of $ 99,018.00 — Ninety-Nine Thousand, Eighteen Dollars and No Cents. 1.4 Supplemental Services No supplemental services have been allowed for in this Contract. Agreement. 1.5 For the purpose of establishing costs to the City of Schertz for any negotiated supplemental services payable on an hourly rate basis authorized in writing by the City of Schertz, the following Hourly Billing Rate Table of the fees shall apply: WMIIM .�, , Discipline Hourly Rate Principal $200.00 Senior Civil Engineer (PE) $165.00 Civil Engineer (PE) $150.00 Engineer-in-Training $ 90.00 Clerical Staff $ 65.00 Registered Professional Land Surveyor $150.00 Survey Technician $ 85.00 3-Person Survey Crew $165.00 Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 14 HT, 1` 1 FA_ I The Professional shall comply with each and every condition contained herein. The Professional 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 Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of the Professional 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, Professional shall specifically endorse applicable insurance policies as follows: I. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on separate endorse ants 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 endorse ant: 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 111 425 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. Professional 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 2010105). Coverage must be written on an occurrence form. 11 Contractual Liability must be maintained covering the Professionals 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, Professional 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 Professional'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 emailed to: purchasin schertz.com gL_ Purchasing Department Faxed to: 210-619-1169 1400 Schertz Parkway Schertz, TX 78154 Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 15 ■C M tr�surablaVutuo, t t a . ntnk cost C-{1u , hnuaryt,24,1201ust haplaT Oft 'ioxAw oda(864 4 a ' byTa"s 2011), Cp—) Ford AAMPO Final 20180122.doex Ford Engineering, Inc, Page 16 Complete 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. Q 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) NAIL 4 (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 Professional Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) 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 4's N) Insurance policy effective dates (always check for current dates) 0) 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. (1) 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. (See. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. Ford AAMPO Final 20180122.doex Ford Engineering, Inc. Page 17 fi I i N Ford AAMPO Final 20180'122.doex Ford Engineering, Inc. Page 18 I—ral-Mu 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 5 5 1, 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. ATTEST: "L"o -Dennis, City Secretary lorN � 11 [11 50234811.1 A -1 rM Design Professional Firm: Ford Engineering, Inc. 10927 Wye Dr, Ste 104 San Antonio, TX 78217 TBPE No. F -1162 Ph: 210- 590 -4777 Fax: 210- 590 -4940 www.fordengneerin _ q com Date: May 2, 2018 Client: City of Schertz Lauren Schrum Address: 10 Commercial Place Schertz, TX 78154 Phone: 210- 619 -1853 email: LShrum @schertz.com Project No: Project Name /Location: Pedestrian Trail Project Additional Services Sidewalk Easements — Schertz, TX Scope /Intent and Extent of Services: Proposal to provide additional services for two sidewalk easements for the properties at 1232 and 1236 E. Live Oak Road. Services include preparation of survey exhibits, metes and bound description, and staking of easement corners. Fee Arrangement: $2,600.00 ($1,300.00 ea.) Progress invoices are due on receipt in order to prevent delays. This budget figure will not be exceeded without authorization from Client. Should additional services within the original Scope be required, such services will be billed at the following hourly rates: Senior Professional Engineer (P.E.): $165.00 Survey Tech: $ 85.00 Registered Professional Engineer (PE): $150.00 2 -Man Field Crew: $145.00 Licensed State Land Surveyor $165.00 3- Man Field Crew: $165.00 Registered Professional Land Surveyor (RPLS): $150.00 4 -Man Field Crew: $185.00 Design Engineer (E.I.T.): $ 95.00 Clerical: $ 65.00 CADD Tech: $ 85.00 CHANGES TO THE ORIGINAL SCOPEIINTENT WILL BE NEGOTIATED AS AN AMENDED OR NEW CONTRA CTIAGREEMENT. Direct Project Expenses will be billed to Client as follows: Additional Prints: $10.00 (large) $8.00 (small) Federal Express, Property Research, Courier Services and Other Expenses: Amount of Invoice PLUS 15% Client is expected to furnish FORD ENGINEERING, INC. with full information as to the Client's requirements including any special or extraordinary considerations for the Project or special services needed and also to make available all pertinent existing data. Special Conditions: Client will be responsible for all fees in relation to, but not limited to, permit fees payable to the City of Schertz, Guadalupe County, and/or any other agency. Prepared by: Mark B. Hill, P.E. Each individual executing this Agreement on behalf of the CLIENT or FIRM, by this execution, acknowledges that he is duly authorized to commit the CLIENT or FIRM to this Agreement.* Offered by: signature date Mark 13_ Hill' P.E. — President printed name /title FORD ENGINEERING, INC. Accepted by: signature date printed name/title name of client The Terms and Conditions on page 2 are a part of this Agreement PAGE 1 OF 2 i' •. Ford Engineering, Inc. (the Firm) shall perform the services outlined in this agreement for the stated fee arrangement. Access to Site: Unless otherwise stated, Ford Engineering will have access to the site for activities necessary for the performance of the services. Ford will take precautions to minimize damage due to these activities, but has not included in the fee the cost of any restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post- construction between the Client and Ford Engineering shall be submitted to non - binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub - consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Billings /Payments: Invoices for Firm's services shall be submitted upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt of invoice. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Ford Engineering, Inc, its officers, directors, employees, agents and sub- consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Firm. Certifications: Guarantees and Warranties: Ford Engineering, Inc. shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence Firm cannot ascertain. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the amount of compensation received by Firm for these services. Such causes include, but are not limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract or a breach of warranty. Termination of Services: This agreement may be terminated by the Client or Firm should the other fail to perform its obligations hereunder. In the event of termination, Client shall pay Firm for all services rendered to the date of termination and for all direct project expenses. Invalidation: If Client does not execute this agreement within thirty (30) days of the date tendered, it may become invalid. Ownership of Documents: All documents produced by Ford Engineering, Inc. under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. A completed facsimile copy of this Agreement, 2 pages, transmitted by Client, will be treated as an original signature for all purposes. However, Client also agrees to mail the Agreement with original signatures to our office. PAGE 2OF2 AGREEMENT FOR PROVIDING LIMITED PROFESSIONAL SERVICES Design Professional Firm Date: December 4, 2018 Ford Engineering, Inc. 10927 Wye Dr, Ste 104 San Antonio, TX 78217 TBPE No. F -1162 Ph: 210- 590 -4777 Fax: 210- 590 -4940 www.fordengineerin .com Client: City of Schertz Licensed State Land Surveyor Lauren Schrum Address: 10 Commercial Place Reg. Professional Land Surveyor (RPLS): Schertz, TX 78154 Phone: 210 - 619 -1853 Fax: $ 85.00 email: Lchrum@schertz.com Project No: Project Name /Location: Pedestrian trail Project Additional Services - Turn Lane - Schertz, Texas Scope /Intent and Extent of Services: Proposal to provide additional services for a right turn lane on E Live Oak Rd. onto FM 3009 Fee Arrangement: $ 32,423.00 10% Retainer required prior to commencing work. Retainer is applied to the balance due at the end of the project. Progress invoices are due on receipt in order to prevent delays. This budget figure will not be exceeded without authorization from Client. Should additional services within the original Scope be required, such services will be billed at the following hourly rates: Principal $200.00 Licensed State Land Surveyor $185.00 Senior Professional Engineer (P.E.): $190.00 Reg. Professional Land Surveyor (RPLS): $175.00 Sr. Project Manager (PE): $175.00 CADD /Survey Tech: $ 85.00 Project Manager (PE): $160.00 2 - Man Field Crew: $145.00 Project Coordinator (E.I.T.): $ 105.00 3 - Man Field Crew: $180.00 Clerical: $ 65.00 4 - Man Field Crew: $195.00 CHANGES TO THE ORIGINAL SCOPE /INTENT WILL BE NEGOTIATED AS AN AMENDED OR NEW CONTRACT /AGREEMENT. Direct Project Expenses will be billed to Client as follows: Additional Prints: $10.00 (large) $8.00 (small) Federal Express, Property Research, Courier Services and Other Expenses: Amount of Invoice PLUS 15% Client is expected to furnish FORD ENGINEERING, INC. with full information as to the Client's requirements including any special or extraordinary considerations for the Project or special services needed and also to make available all pertinent existing data. Special Conditions: Client will be responsible for all fees in relation to, but not limited to, permit fees payable to the City of San Antonio, Bexar County County, and /or any other agency. Prepared by: Arnold Martinez, P.E. Each individual executing this Agreement on behalf of the CLIENT or FIRM, by this execution, acknowledges that he is duly authorized to commit the CLIENT or FIRM to this Agreement. * Offer , y: / " Jle� signature date printed name /title FORD ENGINEERING, INC. Accepted by: signature date printed nameltitle name of client The Terms and Conditions page 2 are a part of this Agreement 1 of 2 TERMS AND CONDITIONS Ford Engineering, Inc. (the Firm) shall perform the services outlined in this agreement for the stated fee arrangement. Access to Site: Unless otherwise stated, Ford Engineering will have access to the site for activities necessary for the performance of the services. Ford will take precautions to minimize damage due to these activities, but has not included in the fee the cost of any restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post- construction between the Client and Ford Engineering shall be submitted to non- binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub - consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Billings /Payments: Invoices for Firm's services shall be submitted upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt of invoice. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Ford Engineering, Inc, its officers, directors, employees, agents and sub - consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Firm. Certifications: Guarantees and Warranties: Ford Engineering, Inc. shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence Firm cannot ascertain. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the amount of compensation received by Firm for these services. Such causes include, but are not limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract or a breach of warranty. Termination of Services: This agreement may be terminated by the Client or Firm should the other fail to perform its obligations hereunder. In the event of termination, Client shall pay Firm for all services rendered to the date of termination and for all direct project expenses. Invalidation: If Client does not execute this agreement within thirty (30) days of the date tendered, it may become invalid. Ownership of Documents: All documents produced by Ford Engineering, Inc. under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. A completed facsimile copy of this Agreement, 2 pages, transmitted by Client, will be treated as an original signature for all purposes. However, Client also agrees to mail the Agreement with original signatures to our office. 2 of 2 Workshop A CITY COUNCIL MEMORANDUM City Council Meeting: January 2, 2019 Department: Subject: BACKGROUND Parks & Recreation Workshop — Parks Improvement Discussion With the increased funding and emphasis on repair and upgrades to existing parks facilities, staff is seeking direction on the level of repair, renovation or reimagining of the City's older parks that is desired. ATTACHMENTS Power Point presentation ., ,m Parks Schertz City Council January 22, 2019 i i L01 • 111 . • � � m M-97"MINO-1 A no bonds to focus on trails 2 Balancing: • Safety • Aesthetics • Accessibility 0 Moving Forward • Repair • Renovate • Reimagine ? Mey Park: To Reimagine Add a gaga pit Add a picnic pavilion * TOTAL = $200,800 Community Playscape: To Repair Repair stf "' wall Refill plantings th. f '• 9 Community Playscape: To Renovattk Equipment is newer and has modern features Already accessible Site furnishings already standardized 10 Community Playscape: To Reimagine Already added Restroorn Add i 0 Picnic Pavilion i Ma M I m Pickrell Park: To Repair Engrave stone $ , Replace Oak St Picnic Pavilio - BBQ • `' 12 court 2 sets of retractable basketball goals mounted on ceiling for full play Oust shy of regulation $40,000 13 Pickrell Park: To Reirnagine 2 sets of • i • mounted post basketball goals for • • . post sleeves inserted for volleyball and court striped for volleyball, tennis, i pickle ball Update swings (2 belts, 2 tots, 1 expression, 1 universal expressio I r ,. • i • Limestone border for • • Add sand volleyball court Poplar Pa • • Move playscape features into nodes where they make sense • Add more accessibility 14 I mlR Heritage Oaks Park Continue strategic sections trail along 57-M s 16 1 • • t I i Ilyll i •' . i • Repair • Renovate? • Reimagine ? 17 Discussion 0 CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 Department: Subject: Workshop No. B Purchasing & Asset Management Workshop Item 1 Purchasing Policy & Guidelines The Purchasing Department has undertaken an effort to thoroughly review the City's purchasing process in an effort to correct issues that have been occurring and make improvements. A key element of this effort was a review and update of the City's Purchasing Policy to better enable staff to follow the proper procedures and rules when procuring goods and services for the City. The City has been inconsistent in how procurement work is being accomplished, allowing goods /services to be procured differently department to department. This inconsistency could lead to the appearance of arbitrary and unfair procurement practices and result in a loss of confidence and trust on the part of vendors and taxpayers. The last purchasing policy revision was in 2011. As the policy aged, it became less effective to staff as a guide. As a result, staff has tried to compensate for outdated policies by using judgement and employing best practices. However, this has only contributed to the problem of inconsistent process and procedures. Though outdated procurement practices may be able to still meet basic operational needs, there has been little strategic focus on the organization's spending practices other than determining whether the work was completed. The City Charter previously dictated that the Purchasing Policy be approved by City Council. However, with the 2015 . Charter amendments, this authority was delegated to the City Manager. Staff is hoping to finalize the new policy in the next few weeks. In addition to the development of a purchasing policy, the Purchasing Department has reviewed its own policies, procedures and practices against best practices of benchmark cities to ensure the department is performing efficiently and effectively. The Purchasing Department is implementing several initiatives to address previous deficiencies and increase oversight of procurement activities, including an improved process to track contract expiration dates, increased transparency and communication of contract expenditures, and a new training program required for all employees involved in procurement activities. Staff has prepared a short presentation for Council to highlight some of the findings from the most recent Department Review to include a high- level view of the key components of the Purchasing Policy and related procurement processes. ATTACHMENTS Summary of Policy Revisions Draft REVISED Purchasing Policy (revised December 2018) Current Purchasing Policy (approved August 2011) Presentation Purchasing Policy Revisions Old Policv New Policv I Purpose of the Purchasing Poli< Section Le. Princioles of the Purchasine Poli General Procurement Guidelines Specific Procedures, Section 4.a. Specific Procedures, Section 4.c. Specific Procedures, Section 4.d. Two -Stec Advertised Procurment. section 9 Purchase Order Exemptions, section 13 Split into two sections: Introduction & Role of Purchasing Department. Removed reference to City Charter (no longer applicable) Removed. Has not been current practice for years. Departments create POs Retitled to Procurement Standards Section 4 - Procurement Authority. Added to clarify when Council approval is required. Retitled to Procurement Thresholds; added detail to clarify previous ambiguities Removed. Has not been current practice for years. Departments order office supplies Removed. Has not been current practice for years. Departments create POs Remove reference to the City Secretary; not involved in the procurement process Removed. Section 11- Fixed Assets. Added section to clarify previous ambiguities Section 12 - Surplus. Added section to clarify previous ambiguities Removed. No longer applicable. G� i i li I a, IIIIIIIIIii''119 4 Revised December 28, 2018 Imp TABLE OF CONTENTS 1. INTRODUCTION ............................................................................... ..............................3 2. ROLE OF THE PURCHASING DEPARTMENT .......................... ..............................3 .......4 !W901CUREMENT AUTHORITY , 5. PURCHASING THRESHOLDS ....................................................... ..............................6 6. EXEMPT PURCHASING FUNCTIONS ......................................... ..............................9 7. EQUIPMENT AND VEHICLE PURCHASES ...... w" 8. PETTY CASH PURCHASES ........................................................... .............................11 9. SPECIAL PROCEDURES FOR PUBLIC SAFETY SPECIFIC ITEMS .................11. 10. INSURANCE REQUIREMENTS .................................................... .............................12 11. FIXED ASSETS NW? 12. SURPLUS ........................................................................................... .............................12 13. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS........................................................................................... .............................12 ATTACHMENTS A. PURCHASING DECISION TREE .................................................. .............................13 B. SOURCING STRATEGY ................................................................. .............................14 C. CITY STANDARD INSURANCE REQUIREMENTS ................... .............................15 2 Imp '11 � The purpose of this policy is to establish and describe the basic procurement philosophy and processes under which the City of Schertz ( "the City ") operates. This established procurement framework provides for the planned and consistent approach of cost - effectively obtaining the necessary goods and services required to operate City departments in order to maintain service at appropriate levels. Additionally, the policy outlines the consistent and ethical processes and procedures that will demonstrate the City's commitment to procuring goods and services in a fair, transparent, effective and legally compliant manner. The processes used to procure goods and services should always provide the best value (price and quality) for the City, while providing an open and fair process for vendors. This policy will apply to all procurements funded by the City of Schertz, bond funds, and other funds unless specifically exempted by applicable law or by City policy. The exceptions are limited to items listed in Section 7, as well as certain professional services, real property, and leases that, because of their nature, are not conducive to normal purchasing routine. These procurements shall be made under the direction of the City Manager or designee. This policy is effective immediately upon issuance, and supersedes all previous purchasing policy instructions or directives. 2. ROLE OF THE PURCHASING DEPARTMENT The Purchasing Department is charged with the overall responsibility for issuing solicitations and negotiating with sources on matters relating to price, delivery, vendor selection and execution of contracts in accordance with the City Policy, State of Texas Statutes, and applicable Federal government requirements. The Purchasing Department will provide the initial contact point for directors, managers, staff, suppliers, consultants, and the public interested in information on the City's activities. It will oversee and supervise the issuance, receipt, and opening of all offers and proposals that are submitted relative to the purchase of equipment, materials, supplies, and surplus disposal. The Purchasing Department shall maintain purchase history information files, as well as documentation of all transactions. The Purchasing Department will participate in negotiations, where appropriate, with user departments, project managers, consultants or contractors relative to specifications and contractual responsibilities. This will facilitate the thorough understanding and preparation of specifications or contract terms and conditions. The Purchasing Department will participate with user departments in establishing clear, concise, nonrestrictive specifications and instructions to be utilized in procurement. City consultants and/or project managers, when conducting the "request for quote" or bid processes, shall coordinate with the Purchasing Department for all approvals to bid, advertisements and bid opening dates, as well as resulting purchase orders or contracts. The Purchasing Department shall promote and maintain good vendor, inter- departmental and community relationships. 3 Imp 3. PROCUREMENT STANDARDS a. Ethics: The City shall maintain the best possible relationship with all vendors. The goodwill of sources and the reputation of the City will be promoted by: i. .Keeping competition fair and open. ii. Maintaining consistent procurement policies and principles. iii. Observing strict truthfulness in all transactions and correspondence. iv. Respecting the confidence of sales personnel and their companies as to confidential or proprietary information, as well as being scrupulous about maintaining the highest level of business ethics when dealing with sources and City departments. b. Conflicts of Interest: i. Affiliates (e.g., business concerns, organizations or individuals) and employees of the City are prohibited from submitting offers for or participating in any contract for City purchases from which they would financially benefit, directly or indirectly. No affiliate or employee of the City shall seek to influence in any manner the award of a contract or purchase of a product or service from any vendor. Affiliates and employees must immediately disclose to the City of any silent partnership, proprietorship, employment, relationship or other involvement in a prospective contract or procurement. ii. Acceptance of gifts by employees from sources or potential sources at any time is strictly prohibited, except for that which would be defined as de minimus by the Internal Revenue Service (IRS). Employees must not accept any gifts that create an obligation to any source and shall not conclude any transaction from which they benefit, directly or indirectly. City employees are not to participate in any type of extravagant entertainment with a supplier, customer, consultant, or contractor. These restrictions do not include entertainment such as business meals, company sponsored dinners, etc., which are customary and proper under the circumstances, as long as they are consistent with good business ethics and do not place the recipient under an obligation of any kind. Employees may not solicit or accept gratuities such as any type of compensation, contribution, emolument, offer of employment, loan, reward, rebate, gift, money, lodging, service, or "other thing of value," except as specifically outlined in this section. iii. Employees who do not comply with this policy may be subject to disciplinary action in accordance with the City's Discipline policy. M Imp c. Purchasing Department Personnel: When potential conflict with an existing procurement regulation is suspected, or legal assistance is advisable, it is the responsibility of the Purchasing Department to notify the Department, Project Manager, Executive Director, and /or City Manager. d. City Employees: All City employees are required to file a City of Schertz Conflict of Interest Form with the Purchasing Department if any family member is conducting, will conduct, or plans to conduct business with the City of Schertz. The form will be filled out annually (once a year) and filed with the Purchasing Department no later than October 1 of each year in which the family member begins discussions, correspondence, negotiations, submits an application or responds to a bid or proposal. e. Contractors: A person or business, and their agents, who contract with the City or who seek to contract with the City are required by Texas Local Government Code, Chapter 176, to file a conflicts disclosure questionnaire (Form CIQ) created by the Texas Ethics Commission which is available online at www.ethics.state.tx.us. The form must be filed with the City no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the city. Such person and businesses, and their agents, must also file an updated questionnaire not later than September 1 of each year in which the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the City and within seven (7) days after the date of an event that would make a filed questionnaire incomplete or inaccurate. An updated, complete questionnaire is not required if the person or business filed a questionnaire or updated questionnaire after June 1 but before September 1. 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 1.295 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. L Elected and Appointed Officials: Elected and appointed officials are required to file with the Purchasing Department the state - mandated Conflicts Disclosure Statement as enumerated below: i. Officers of the City and its boards and commissions (including the Economic Development Corporation) must file a "conflicts disclosure statement" (Form CIS) with the Purchasing Department within seven days of becoming aware of- 5 Imp 1. The officer or a family member of the officer has an employment or business relationship that results in taxable income with a person who has executed a contract with the City or with whom the City is considering doing business; or 2. The officer or a family member of the officer has accepted one or more gifts (other than food, lodging, transportation, or entertainment) with an aggregate value of $250 in the preceding 12 months from a person who has executed a contract with the City or who is being considered for business with the City. 3. A family member is defined as a person related to another person within the first degree by consanguinity (blood) or affinity (marriage) which includes a spouse, father, mother, son, daughter, father -in -law, mother - in -law, etc. 4. The conflicts disclosure statement (Form CIS) has been created by the Texas Ethics Commission and is available online at www.ethics.state.tx.us. Failure to disclose information is a Class C misdemeanor punishable by a fine not to exceed $500. 4. PROCUREMENT AUTHORITY The City Manager or one of the City Manager's Designees has authority to approve procurements in the amount of $49,999.99 or less provided these expenditures are part of the City's budget and do not require a budget transfer. Contracts for the purchase of goods and services involving an expenditure in excess of $50,000 require the approval of the City Council, whether or not the purchase has been obtained through a competitive bidding or RFP procedure. Council will approve all contract awards or reject all bids, if a contract will not be awarded following a formal solicitation. All purchases greater than $50,000.00 (either singly or cumulatively) with one vendor in a fiscal year must be approved by City Council. 5. PURCHASING THRESHOLDS a. Purchases Less Than $1,000 Department head or designee may exercise discretion regarding the procurement of goods or services less than $1,000. Competitive quotations, formal bidding or a bid tabulation sheet are not required, but competition is recommended. The Department Head or designee must initiate and approve the purchase order prior to actual purchase. 0 Imp b. Purchases Greater Than $1,000 But Less Than $25,000 User departments are responsible for obtaining a minimum of three informal telephone, email, fax or online quotes for goods or services when the total estimated cost is within the $1,000 to $24,999.99 range with exceptions as authorized by this policy. The quotes must be documented on a bid tabulation sheet and filed with purchase order documentation. Procurement of services in an amount less than $25,000 will generally be accomplished with a Purchase Order (PO). For all purchases greater than $1,000 but less than $25,000, staff must obtain quotes from at least two (2) Historically Underutilized Businesses (HUB) located in Guadalupe County on a rotating basis. If a HUB cannot be identified, the City is exempt from this requirement. For professional or personal services involving an anticipated fee of $1,000 to $49,999.99, the Purchasing Department will prepare a professional services contract. c. Purchases Greater Than $24,999.99 But Less Than $50,000 User departments are responsible for obtaining a minimum of three informal written quotes for goods or services when the total estimated cost is within the $25,000 to $49,999.99 range with exceptions as authorized by this policy. The quotes must be documented on a bid tabulation sheet and filed with purchase order documentation. Procurement of services in an amount greater than $25,000 will require a written contract prepared by the Purchasing Department. For all purchases greater than $24,999.99 but less than $50,000, staff must obtain quotes from at least two (2) Historically Underutilized Businesses (HUB) located in Guadalupe County on a rotating basis. If a HUB cannot be identified, the City is exempt from this requirement. For professional or personal services involving an anticipated fee of $1,000 to $49,999.99, the Purchasing Department will prepare a professional services contract. d. Purchases Greater Than $50,000 The Texas Local. Government Code requires either competitive bidding or competitive Requests for Proposals ( "RFP ") for City purchases exceeding $50,000.00 with few exceptions. City employees are prohibited from making "separate, sequential, or component purchases to avoid the competitive bidding requirements ". A violation of these prohibitions is a Class B misdemeanor ($1,000 fine and /or 180 days in jail), and conviction resulting in immediate removal from office or employment and ineligibility for other public office or employment for four (4) years after the date of conviction. 7 Imp Departments shall consult with the Purchasing Department on the proper procurement process to obtain goods and services greater than $50,000. Detailed specifications and statements of work (SOW) will be developed by the Department, in consultation with the Purchasing Department. The Purchasing Department will coordinate all formal solicitations, in accordance with State of Texas and local statutes. Component orders or contracts, each less than $50,000, but which in the aggregate exceed that amount, and which reasonably should be included in the one order or contract shall not be used to avoid the prohibition of Statutes. All purchases greater than $50,000.00 (either singly or cumulatively) with one vendor in a fiscal year must be approved by City Council. What this means: If one or multiple departments are purchasing from the same vendor and the sum of all purchases will exceed $50,000 in one fiscal year, Council approval is required. Plan ahead and anticipate expenditures as best as possible. When departments know that they will be making numerous purchases over the course of the fiscal year with one vendor, they should prepare a Council agenda item to get authorization for a Not -To- Exceed (NTE) amount with that vendor. Contact Purchasing for assistance with this process. HIGH TECHNOLOGY PURCHASES: "High technology item" means a service, equipment, or good of a highly technical nature, including: a. data processing equipment and software and firmware used in conjunction with data processing equipment; b. telecommunications, radio, and microwave systems; c. electronic distributed control systems, including building energy management systems; and d. technical services related to those items. High technology purchases will be accomplished using a RFP process where the anticipated expense is in excess of $50,000.00. The Texas Local Government Code requires that the relative importance of price and other evaluation factors be specified in the RFP. All RFP's will be prepared in cooperation with the User Department, Information Technology and the Purchasing Department. PROFESSIONAL SERVICES: "Professional. Services" are those services which . involve mental or intellectual skills, usually accompanied by formal certification or licensing by a state agency, such as accounting, architecture, land surveying, engineering, medicine, real estate appraisal services. Section 2254 of the Government Code prohibits the purchase of professional services using competitive bidding requirements. User departments will select professional service consultants on the basis of demonstrated competence and qualifications, and will negotiate fees on the basis of what is fair and reasonable for the type of services, rather than on a Imp "low bid" basis. Except for architect, engineer and surveyor services as discussed below, both price and qualifications can be considered in selecting consultants. For the professional services listed above involving an anticipated expenditure of more than $50,000, user departments are encouraged to use a formal solicitation process in coordination with the Purchasing Department but it is not mandatory. ARCHITECTS/ENGINEERS/SURVEYORS: Procurement of architectural, engineering or surveying services is two-step process. The first step involves the initial selection of the most highly qualified provider of the services based on demonstrated competence and qualifications (and not considering price); and the second step involves negotiation of a fee with the selected provider at a fair and reasonable price. If a contract cannot be successfully negotiated with the most highly qualified provider of services, then the contract negotiations will be formally ended and negotiations with the second most qualified provider may be undertaken, and so forth. It is important to keep in mind that price may not be considered in the initial selection of an engineer, architect or surveyor. CONTRACT AMENDMENTS: All contract amendments will be approved by the City Council if the contract was originally approved by the City Council, or if amendment amount will take the total contract value above $50,000. ALTERNATIVE PROJECT DELIVERY METHODS FOR CONSTRUCTION PROJECTS: The alternatives to the basic competitive bidding model of construction procurement are best-value competitive bidding, competitive sealed proposals, design-build, construction management-agent, construction management at-risk, and job order contracting. Alternative project delivery methods, as defined in the Local Government Code, Chapter 27 1, Subchapter H, may be used as applicable. 6. EXEMPT PURCHASING FUNCTIONS State law provides few exemptions from competitive bidding requirements. The City encourages the use of making certain exempt purchases using an RFP procedure even though such a procedure may not be required under state law. a. Emergency Purchases: Emergency purchases are those procurements necessary due to public calamity, to act at once to relieve the hardship of the citizens or to preserve the property of the City, to preserve or protect the public health or safety of the citizens, or when it is due to unforeseen damage to public property, machinery, or equipment. When emergency procurement of materials or services is required, the Department Head will consult with the Purchasing Department and obtain approval from the Executive Director prior to any procurement action. M Imp ii. If an Executive Director is not available, the Department Head will obtain only those materials or services absolutely critical to restore or re- establish essential City services. The Department Head must advise the Purchasing Department and the Executive Director of these actions as soon as possible. iii. With approval by the City Manager or one of the City Manager's Designees, specific procurements ($50,000 or more) may be outside the sealed bid process in the event of an emergency. The Purchasing Department must be notified of the emergency situation as soon as possible. iv. Staff will seek and obtain approval of the City Council for emergency procurements in excess of $50,000 as soon as possible. b. Sole Source Purchases: State laws allow for a limited exemption from competitive bidding for the purchase of goods where the functional requirements of the City can be satisfied by only one source. This applies to purchases where competition is precluded such as: The existence of patents, copyrights, secret processes or natural monopolies; ii. The purchase of films, manuscripts or books; purchases of gas, water, and other utility services; and iii. The purchase of captive replacement parts or components for equipment. A product is eligible for sole source purchase only when there is a significant functional difference between the product and other similar products on the market, and when the item is available only from one vendor. The following are not sufficient justifications for a sole source purchase: A product is made by only one manufacturer, if products from other manufacturers are available that perform a similar function. ii. A particular name brand of product is preferred over other brands. iii. Only one local vendor offers a product, if other vendors who offer the product can meet the City's needs. All requests for sole source purchase must be coordinated through the Purchasing Department prior to any procurement action. mi Imp c. Cooperative Purchasing: The City may enter into cooperative buying agreements with other local government agencies in accordance with the State of Texas Interlocal Cooperation Act of 1971. Use of co -ops should be coordinated through the Purchasing Department. When co -ops are used, bids are not required. However, employees are expected to use due diligence to ensure best value for the City. Cursory checks should be completed to ensure that cooperative pricing is competitive and in line with market value. An approved purchase order is required before any purchase can be finalized. 7. EQUIPMENT AND VEHICLE PURCHASES a. All rolling capital equipment and vehicle specifications will be reviewed by the Fleet Department prior to bidding and/or purchase approval. b. Vehicle purchase, receipt and outfitting must be processed through Fleet and the Purchasing Department to ensure proper operation, registration, vehicle markings, and insurance requirements are met. This applies to all vehicles regardless of which Department or funding source made the purchase. c. Fleet will not release the vehicle until all requirements are met. 8. PETTY CASH PURCHASES: a. Petty cash may be used for emergency acquisition of supplies and /or services when the vendor will not accept a purchase order or procurement card. It is also used for attendance at luncheons, meetings, etc., where "cash only" is the normal method of payment. b. No item purchased with petty cash funds may exceed $1.00. c. All petty cash purchases must be supported with a receipt and written justification for the purchase. d. Individuals authorized to maintain petty cash accounts can get their accounts replenished by submitting a Purchase Order and attaching all relevant receipts as back -up to the Finance Department. 9. SPECIAL PROCEDURES FOR PUBLIC SAFETY SPECIFIC ITEMS: a. Any items that require special licensing to order, including but not limited to such items as medical supplies, medicines, firearms and ammunition, chemicals, etc., will be ordered by an authorized individual in the department. 11 Imp b. The person who holds a valid license to make such purchases must still coordinate with the Purchasing Department to ensure the best source of procurement. c. After the Purchasing Department has determined the best source of procurement, the license holder will prepare the appropriate purchase order, in accordance with this policy. 10. INSURANCE REQUIREMENTS: The City may require certain insurance coverage to be provided by contractors, vendors and consultants. In general, if a service is being provided on City property, proof of insurance is required. Specific insurance requirements are incorporated into bid documents and specifications for each bid, proposal, or "request for purchase." Insurance requirements are reviewed periodically to determine the appropriateness of coverage and values. 11. FIXED ASSETS The City is responsible for keeping records of all of its fixed assets. All new assets which have an original cost of $5,000 or more and an estimated life span of greater than one (1) year are fixed assets and will be added to the fixed assets records. All duties and responsibilities related to fixed assets inventory records are supervised by the Purchasing Department. Cooperation from department directors and division managers throughout the City is necessary if the system is to work; however, this effort is centrally organized, monitored, and reported by the Purchasing Department staff. 12. SURPLUS Individual Departments must contact the Purchasing Department for assistance with asset disposal. Surplus items will only be accepted with the proper forms and with advance notice and approval by the Purchasing Department. The Purchasing Department will determine if an item is surplus or salvage property. 13. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS For purchases of $50,000 and over, where competitive sealed bids are used, a bid received from a bidder whose principal place of business is located within the City limits may be approved if the bid is within 3% of the lowest bid price received from a bidder outside the City limits, provided that said bid meets all qualifications and specifications and provides the best value to the City. 12 ,Under $1. 000 Beft,een,$1,000 and $24,999-99 $50,000 or Xfore Construction, Remodel Work & Bond Projects COMMUNITY SERVICE OPPOFITUNITY ATTACHMENT A Is it Budgeted': Is it Budgeted? Is it Budgeted? Contact Purchasing for Assistance 13 Requires City Council Approval May Require City Council Approval All Items Ch,-er $5.000 Must Be Added to Fixed complete Contract Approval Form if required complete Contract Approval Form if required Complete Contract Approval Form if required Head & Exec Dir Approve PO- Place Order wiVendor PW Head & Exec Di Approve PO- Place Order v.,.? Vendor Imp ATTACHMENT B Sourcing Strategy Identifying a need properly is important; however, determining how best to meet that need is of equal importance. Needs can be met by a multitude of sources. These basic classifications are: o Insourcing: process of completing a business function in- house. o Outsourcing: process of contracting out a business function to an external entity. o Multi- sourcing: a strategy that distributes a function such as IT or Finance, as a portfolio of activities, some of which are performed internally and some of which are external. In order to determine if a service should be insourced, outsourced, or multi- sourced, the following criteria should be considered: o Efficiency of cost vs value; o Effectiveness in meeting the need; o Expertise needed to solve the problem; o Workload timing of insourced staff availability; o Workload volume of insourced staff to continue to provide service; o Scaiability of the solution to adjust to demand; and o Mandated compliance requirements. A Case for Insourcing: There are several sources of solutions for needs that are not currently met by the City. Some may be derived internally. For a short -term need such as a storm damage cleanup of fallen trees, this can be accomplished by one of two means, temporary reassignment of staff or increase in the hours worked. Both have costs to the City; however, the short-term nature of the need does not require an extended cost commitment on departments if personnel and equipment resources are available. Long -term needs, however, may require a different approach. A Case for Outsourcing: For example, instead of storm damage cleanup of trees, City properties may have suffered a blight such as oak wilt. The mitigation would require extended specialized and technical capability to handle such a situation. In this case, the time committed to such a project might stretch in -house resources beyond the ability to effectively combat the issue. The City may hire additional staff to confront the issue however, after the issue is resolved, additional staff would require a long -term commitment of financial and administrative resources. This need could effectively be outsourced to a firm with the specialized technical skills and equipment to quickly and professional mitigate the issue. After the project is complete, the expenditure commitment is ended. Contact the Purchasing Department for assistance with sourcing. 14 Imp ATTACHMENT C Standard Insurance Requirements Worker's Compensation* Statutory Employer's Liability $ 1,000,000 /$1,000,000 /$1,000,000 Commercial General (Public) Liability For Bodily Injury and Property Damage of insurance to include coverage for the following: $1,000,000 per occurrence. a. Premises Operations $2,000,000 General Aggregate, or its equivalent b. Independent Contractors ** in Umbrella or Excess Liability Coverage c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability Combined Single Limit for Bodily Injury and a. Owned /Leased Vehicles property Damage of $1,000,000 per occurrence b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable All insurance policies are to contain or be endorsed to contain the following required provisions: - The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability (not applicable to workers' compensation and professional liability policies); - A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies; - 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 otherinsurance. - 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. 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. 15 CITY OF SCHERTZ PURCHASING POLICY Purpose of the Purchasing Policy: The purpose of this policy is to establish ethical guidelines and accountability for the expenditure of taxpayer funds to procure goods and services used by the City of Schertz (the City) departments and offices. The processes used to procure goods and services should always provide the best value (price and quality) for the City, while providing an open and fair process for vendors. In accordance with Section 7.08 of the City Charter, the Schertz City Council (the City Council) has approved this policy. Therefore, as necessary, appropriate revisions may be made only at the discretion of the City Council. The Purchasing Department is responsible for accurate maintenance and distribution of approved revisions, including the rules, regulations, and procedures necessary to adhere to the policy. It is essential, therefore, that compliance with the City of Schertz Purchasing Policy be supported by all employees of the City. a. The Purchasing Department is authorized to act as the centralized office for the acquisition, management and disposal of City equipment, materials, and supplies. The Purchasing Department is charged with the responsibility of assuring that all procurements are in accordance with the City Charter, State of Texas Statutes, and applicable Federal government requirements. b. This policy will apply to all acquisitions funded by the City of Schertz, bond funds, and other funds unless specifically exempted by applicable law or by City policy. The exceptions are limited to items listed in subparagraph 1.3, as well as certain professional services, real property, and leases that, because of their nature, are not conducive to normal purchasing routine. These acquisitions shall be made under the direction of the City Manager or one of the persons designated to the City Council by the City Manager to act for him/her in the event of the City's Manager's absence or unavailability (the "City Manager's Designees "). c. The Purchasing Department shall develop and maintain adequate, reliable sources of supply. It shall provide for product quality assurance and obtain all purchases at the lowest cost that quality, quantity and safety permit. d. The Purchasing Department shall promote and maintain good vendor, inter- departmental and community relationships and assure that they remain within the ethical limits as set forth in the American Bar Association's Model Procurement Code for State and Local. Government, as prescribed by the Texas State Comptroller. Purchase orders, contracts, and change orders shall be made and executed by the Purchasing Department, pursuant to a written purchase requisition. The City is not responsible for verbal agreements for materials, parts, equipment, supplies, construction or services delivered without a written order. 2. Principles of the Purchasing Policy: The Purchasing Department is charged with the overall responsibility for issuing solicitations and negotiating with sources on matters relating to price, delivery, vendor selection and execution of contracts. For bids on purchases of supplies, equipment, or services costing $50,000 or greater, the City Purchasing Department will assist the Secretary as specified in subparagraph 4d below. The Purchasing Department will provide the initial contact point for directors, managers, staff, suppliers, consultants, and the public interested in information on the City's activities. It will oversee and supervise the issuance, receipt, and opening of all offers and proposals that are submitted relative to the purchase of equipment, materials, supplies, and surplus disposal. The Purchasing Department shall maintain purchase history information files, as well as documentation of all transactions. The Purchasing Department will participate in negotiations, where appropriate, with user departments, project managers, consultants or contractors relative to specifications and contractual responsibilities. This will facilitate the thorough understanding and preparation of specifications or contract terms and conditions. The Purchasing Department will participate with user departments in establishing clear, concise, nonrestrictive specifications and instructions to be utilized in procurement. City consultants and /or project managers, when conducting the "request for quote" or bid processes, shall coordinate with the Purchasing Department for all approvals to bid, advertisements and bid opening dates, as well as resulting purchase orders or contracts. The Purchasing Department has full authority to question the use, quality, quantity and kind of item requisitioned. a. Ethics: The Purchasing Department shall maintain multiple sources of supply for all procurements, as well as the best possible of relationships with vendors. The goodwill of sources and the reputation of the City will be promoted by: i. Keeping competition fair and open. ii. Maintaining consistent buying policies and principles. iii. Observing strict truthfulness in all transactions and correspondence. iv. Respecting the confidence of sales personnel and their companies as to confidential or proprietary information, as well as being scrupulous about maintaining the highest level of business ethics when dealing with sources and City departments. b. Conflicts of Interest: Affiliates (e.g., business concerns, organizations or individuals) and employees of the City are prohibited from submitting offers for or participating in any contract for City purchases from which they would financially benefit, directly or indirectly. No affiliate or employee of the City shall seek to influence in any manner the award of a contract, purchase of a product or service from any vendor. Affiliates and employees must immediately disclose to the City of any silent partnership, proprietorship, employment, other involvement or relationship in a prospective contract or procurement. W ii. Acceptance of gifts by employees from sources or potential sources at any time is strictly prohibited, except for inexpensive advertising items of nominal value. Employees must not accept any gifts that create an obligation to any source and shall not conclude any transaction from which they benefit, directly or indirectly. Employees of the City are not to participate in any type of extravagant entertainment with a supplier, customer, consultant, or contractor. These restrictions do not include entertainment such as business meals, occasional attendance at professional sporting events, company sponsored dinners, etc., which are customary and proper under the circumstances, as long as they are consistent with good business ethics and do not place the recipient under an obligation of any kind. iii. Vendors shall be advised from time -to -time that employees may not solicit or accept gratuities such as any type of compensation, contribution, emolument, offer of employment, loan, reward, rebate, gift, money, lodging, service, or "other thing of value," except as specifically outlined in this section. If a trip to a source's plant or distribution center becomes necessary for technical or other reasons, the trip must be made at the City's expense, unless provided for contractually by the vendor and /or approved by the City Manager. Noncompliance with this policy from a vendor, consultant, or contractor may be justification for termination of the business relationship. iv. Employees who do not comply with this policy may be subject to disciplinary action and appropriate legal prosecution. Any employee failing to comply with purchasing policies may also be required to pay for the items or services out -of- pocket, and /or be subject to disciplinary action, including termination. Purchasing Department Personnel: It is essential that Purchasing Department personnel are well trained and acquainted with the legal requirements and regulations governing the purchasing function. When potential conflict with an existing regulation is suspected, or legal assistance is advisable, it is the responsibility of the Purchasing Department to notify the City Manager or one of the City Manager's Designees. d. City Employees: All city employees are required to file a City of Schertz Conflict of Interest Form with the Purchasing Department if any family member is conducting, will conduct, or plans to conduct business with the City of Schertz. The form will be filled out annually (once a year) and filed with the Purchasing Department no later than October 1 of each year in which the family member begins discussions, correspondence, negotiations, submits an application or responds to a bid or proposal. Elected and Appointed Officials: Elected and appointed officials and vendors are required to file with the City Secretary the state - mandated Conflicts Disclosure Statement as enumerated below: For Contractors: A person or business, and their agents, who contract with the City or who seek to contract with the City are required by Texas Local Government Code, Chapter 176, to file a conflicts disclosure questionnaire (Form CIQ) created by the Texas Ethics Commission which is available online at www.ethics.state.tx.us. The form must be filed with the City no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the city, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the city. Such person and businesses, and their agents, must also file an updated questionnaire not later than September 1 of each year in which the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the City and within seven (7) days after the date of an event that would make a filed questionnaire incomplete or inaccurate. An updated, complete questionnaire is not required if the person or business filed a questionnaire or updated questionnaire after June 1 but before September 1. ii. For Elected and Appointed Officials: Officers of the City and its boards and commissions (including the Economic Development Corporation) must file a "conflicts disclosure statement" (Form CIS) with the local government records administrator within seven days of becoming aware of: 1. The officer or a family member of the officer has an employment or business relationship that results in taxable income with a person who has executed a contract with the City or with whom the City is considering doing business; or 2. The officer or a family member of the officer has accepted one or more gifts (other than food, lodging, transportation, or entertainment) with an aggregate value of $250 in the preceding 12 months from a person who has executed a contract with the City or who is being considered for business with the City. 3. A family member is defined as a person related to another person within the first degree by consanguinity (blood) or affinity (marriage) which includes a spouse, father, mother, son, daughter, father -in -law, mother -in -law, etc. M 4. The conflicts disclosure statement (Form CIS) has been created by the Texas Ethics Commission and is available online at www.ethics.state.tx.us. Failure to disclose information is a Class C misdemeanor punishable by a fine not to exceed $500. A defense is if the official files the required statement within 7 days after receipt of notice of the violation. 3. General Procurement Guidelines: a. The Purchasing Department will maintain a list of suppliers for day -to -day office supplies and make bulk purchases from the most economical source available. b. Department Heads or their designee may authorize repetitive day -to -day purchases, not to exceed $1,000 per job, for such items as base materials, automotive equipment and repairs, and plumbing supplies from regular suppliers without obtaining bids, by initiating and approving a purchase order. Prior to purchase, the Department Head or designee will coordinate with the Purchasing Department to ensure the lowest price from a reputable dealer. Department Heads or their designee may request the purchase of single items not exceeding $1,000 without the need of a bid tabulation sheet or three oral quotes. Multiple purchases of the same item are authorized providing they are on one purchase order and do not aggregately exceed $1,000. Separate purchase orders may not be initiated for the sole purpose of remaining below the $1,000 limitation. The Department Head or his designee must initiate and approve the purchase order prior to actual purchase. d. All other purchase orders, except as provided in subparagraph 4G below, will be initiated by the Purchasing Department based upon information provided by the Department Heads or their designees. e. Written, fax, email, or telephone "requests for quote" are authorized for purchases exceeding $1,000, but less than $50,000. Department Heads must coordinate with the Purchasing Department before soliciting "requests for purchase." The Purchasing Department will submit the appropriate purchase order to the City Manager or one of the City Manager's Designees prior to actual purchase. The City Manager or one of the City Manager's Designees must approve the purchase order prior to any ordering of supplies or services. f. Bid requirements pursuant to Article 2368(a) VTCS will apply to purchases costing $50,000 or more. g. The City is authorized to use co -ops to include Buy Board, Texas Building and Procurement Commission, U.S. Communities, the Texas Department of Information Resources, the Co- operative Purchasing Network, and the Houston - Galveston Area Council. Permission to use the co -ops is relegated solely to the Purchasing 5 Department. When the co -ops are used, bids are not required. However, a purchase order approved by the City Manager or one of the City Manager's Designees is required before any purchase can be finalized. h. The City Manager or one of the City Manager's Designees may waive any or all of the above procedures, except item 3(f) above, in cases of emergency or in such instances after determining that deviation is in the best interest of the City. i. The policies contained herein apply to all purchases including, but not limited to, credit card, electronic, and on -line purchases. j. Notify all vendors to direct all invoices to the Finance Department. k. The departments shall maintain a purchase order register to include telephone "requests for quote" and quote tabulation sheets. 1. After approval of a purchase order, the original copy goes Finance, a 2nd copy goes to the department, and 3rd copy goes to the Purchasing Department. 4. Specific Procedures: a. Office Supplies: i. The Purchasing Department will maintain a list of local vendors along with prices for usual office supplies. ii. Department Heads will appoint one person in each department to coordinate ordering of office supplies. iii. By noon Monday of each week, staff members will submit a list of needed office supplies to their designated coordinator. iv. Coordinators will aggregate the requests and submit them to the Purchasing Department by close -of- business Monday of each week. v. The Purchasing Department will aggregate the lists each Tuesday, prepare a separate purchase order (which includes accounts numbers against which to charge the supplies) for bulk purchase from multiple vendors to ensure lowest price, have the purchase orders approved, and procure the items for delivery to departments no later than close -of- business Thursday of each week. vi. Employees and /or departments that fail to submit orders timely may borrow supplies from other employees /departments and submit an order the following week. In no case will petty cash be used to purchase office supplies. 0 vii. Some items may require special ordering procedures. The Purchasing Department will advise Department Heads if special ordering is required along with anticipated delivery date and other available options. b. Petty Cash Purchases ($1.00 Limit): Use petty cash for emergency acquisition of supplies and/or services (except for office supplies) when the vendor will not accept a purchase order or procurement card. It is also used for attendance at luncheons, meetings, etc., where "cash only" is the normal method of payment. ii. No item purchased with petty cash funds may exceed $100. iii. Support all petty cash purchases with a receipt along with written justification for the purchase. iv. Individuals authorized to maintain petty cash accounts can get their accounts replenished by turning in the receipts to the Finance Department. c. Request for Purchase Order From Purchasing Department: i. Department Heads will appoint authorized individuals to initiate purchase orders through the Purchasing Department. ii. The Purchasing Department maintains a list of approved individuals and will not process purchase orders from unauthorized persons. iii. Purchase order requests may be submitted by form letter or email and must have the following supporting documentation: 1. Date of requisition 2. Authorized individual making the request (must be on approved list) Signature of Department Head or authorized individual. If submitted by email, include a statement that the Department Head is aware of, and approves the purchase. 4. Contact number 5. Date item needed 6. Quantity requested 7. Description of item(s) requested 7 8. Budget or finance code against which to charge the purchase 9. Purpose of item(s) purchased 10. Estimated cost 11. Point for delivery. d. Purchases Costing $50,000 or Greater: Obtain approval of the City Manager or one of the City Manager's Designees. ii. Request the City Secretary to advertise in an official newspaper once a week for two consecutive weeks, with first publication being at least 14 days prior to the opening of bids. iii. Refer to paragraph 5 for additional requirements if competitive bidding is required. iv. The City Secretary will oversee the opening and recording of all bids. e. Emergency Requirements: i. When emergency procurement of materials or services is required, the Department Head will obtain approval by the City Manager or one of the City Manager's Designees prior to any procurement action. ii. If the City Manager or one of the City Manager's Designees is not available, the Department Head will obtain only those materials or services absolutely critical to restore or re- establish essential City services. The Department Head must advise the Purchasing Department and either the City Manager or one of the City Manager's Designees of these actions as soon as possible. f. Special Procedures Regarding Vehicles: Vehicles must be processed through Fleet Services, the City Secretary, and the Purchasing Department to ensure proper operation, registration, vehicle markings, and insurance requirements are met. This applies to all vehicles regardless of which Department or funding source made the purchase (i.e. Fire Department, EMS, drug enforcement money, Purchasing Department, etc.) ii. Fleet Services will not release the vehicle until all requirements are met. g. Special Procedures for Public Safety Specific Items: Any items that require special licensing to order, including but not limited to such items as medical supplies, medicines, firearms and ammunition, chemicals, etc., will not be ordered by the Purchasing Department. ii. The person who holds a valid license to make such purchases must still coordinate with the Purchasing Department to ensure the best source of procurement. iii. After the Purchasing Department has determined the best source of procurement, the license holder will prepare the appropriate purchase order, following the rules as set forth in subparagraph 3.1. h. Special Procedures for Credit Card Purchases: Any purchases made with a City of Schertz credit card for travel and business related meals will be created with an "open purchase order" starting at the beginning of each billing cycle and closing promptly upon receipt of the billing statement. The purchase order will be turned in no later than five days after the receipt of the billing statement to the Finance Department. ii. A purchase order will be created for all purchases (exception 4.h.i) and forwarded to the Finance department for processing. 5. Competitive Bids: a. This procedure is used when competitive solicitation requirements are mandatory ($50,000 and over) for purchases of materials, equipment, supplies, construction, and services. Detailed specifications are included in the invitation to bid. State of Texas and local statutes apply to advertisement and opening of bids. Component orders or contracts, each less than $50,000, but which in the aggregate exceed that amount, and which reasonably should be included in the one order or contract shall not be used to avoid the prohibition of Statutes. b. The City Manager or one of the City Manager's Designees may grant permission to seek bids for all approved budgeted purchases on an annual basis, or require approval for individual purchases of materials, equipment, supplies, construction or services. Permission to seek bids for approved budgetary purchases must be acquired from the City Manager or one of the City Manager's Designees prior to advertisement. c. The City Council, through this policy, delegates to the City Manager or one of the City Manager's Designees the authority to approve bids in the amount of $49,999.99 or less provided these expenditures are part of the City's budget. Where appropriate, 0 the City Manager may further delegate this responsibility to the Assistant City Manager(s). d. EXCEPTION: With approval by the City Manager or one of the City Manager's Designees, specific procurements ($50,000 or more) may be outside the sealed bid process. The Purchasing Manager must be notified of the emergency situation and the procurement process. Exceptions are: i. In case of public calamity, to act at once to appropriate money to relieve the hardship of the citizens or to preserve the property of the City. ii. To preserve or protect the public health or safety of the citizens. iii. When it is due to unforeseen damage to public property, machinery, or equipment. iv. If time permits, the City Manager or one of the City Manager's Designees will seek and obtain approval of the City Council for procurements in excess of budget amounts. (Note: this exception is set forth in the Local Government Code Section 252.00.). 6. Requests for Proposal: This method of procurement is used for: a. Procurement of high technology equipment. b. Procurement of professional /personal services, as defined in Chapter 2254 "Professional and Consulting Services" of the Texas Government Code. 7. Noncompetitive Negotiations: (sole source, proprietary source) Used in those specific instances where competition is nonexistent, or in certain "exempted procurements" because of the existence of patents, copyrights, secret processes, or the purchase of captive replacement parts or components for equipment, as well as the technical services related to such equipment, as long as governmental policy, rules and regulations do not prohibit them. Determination of sole source /proprietary source status must be reviewed annually. 8. Cooperative Purchasing: The City may enter into cooperative buying agreements with other local government agencies in accordance with the State of Texas Interlocal Cooperation Act of 1971, as approved by the City Manager or one of the City Manager's Designees. 9. Two -Step Advertised Procurement: This method is used when competitive solicitation requirements are mandatory, but detailed specifications are lacking. The first step in the process is the issuance of a request for conceptual proposals to be submitted without indicating prices, through the advertised, sealed bid process. The second step consists of obtaining fair prices for the delivery as developed 1.0 from the conceptual proposals. The request for pricing is sent only to those firms the City (or its duly authorized consultant) has determined can and will fulfill the requirement, again utilizing the sealed bid process. Award is made to the evaluated "best and lowest" vendor only. 10. Alternative Project Delivery Methods: Alternative project delivery methods, as defined in the Local Government Code, Chapter 271, Subchapter H, may be used as applicable. 11. Consideration of Location of Bidder's Principal Place of Business: For purchases of $50,000 and over, where competitive sealed bids are used, a bid received from a bidder whose principal place of business is located within the City limits may be approved if the bid is within 3% of the lowest bid price received from a bidder outside the City limits, provided that said bid meets all qualifications and specifications and provides the best combination of price and additional economic development opportunities for the City. 12. Insurance Requirements: The City may require certain insurance coverage to be provided by contractors, vendors and consultants. In general, if a service is being provided on City property, proof of insurance is required. Specific insurance requirements are incorporated into bid documents and specifications for each bid, proposal, or "request for purchase." Insurance requirements are reviewed periodically to determine the appropriateness of coverage and values. If a vendor requires insurance for their product which is on a lease basis with the City of Schertz, the Risk Manager must be notified immediately and all documentation must be filed with the City Secretary's office. 13. Purchase Order Exemptions: Certain recurring monthly expenses detailed below do not require a purchase order. Invoices for these expenses should be submitted directly to the Finance Department, with appropriate account coding and signature of the Department Head or his designee. The following items do not require a purchase order: a. Water b. Sewer c. Gas d. Electricity e. Pagers f. Telephone g. Cellular phones h. Fleet Gasoline Card i. Insurance payments j. Monthly, quarterly, or annual payment for contracted services for water rights, wholesale power, or solid waste k. Disbursement of occupancy tax funds according to the City Budget 1. Automatic renewal of State and local certifications and licenses Approved by City Council on August 30, 2011. . 12 gm WIN ICG�#, !1� illilip III lillilliq IIIIIIIIIq 1111111 111111M M120,111:1111111, MC =1 i rot =-A Identified Impact of Identified Corrective Action * Looking Forward other Purchasing Department Review * Purchasing Policy * Current Practice * What are "` doing OPPORTUNITY * Best Practices COMMUNITY SERVICE SCHHEIRUZZ I 3 Outdated purchasing ii' Ambiguity pertaining • purchases * What • uire council app * When should quality/qualifications be emphasized over price? COMMUNITY SERVICE SCHHERTZ I OPPORTUNIITY 4 COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY 5 i' • ' i' • i i % • i Pertaining to Rules *Updated Purchasing Policy Analysis of Benchmark • Practices Revised format for ease of ` Clear and Concise language for ease of understanding New • r Authority" Section Procurement • i ` Evaluation ` ria weighting Highest ' r •I Vendor ' • Process COMMUNITY SERVICE SCHHERTZ I OPPORTUNMY 6 Increased frequency of i' Vendor Volume Report (Weekly vs Monthly) Recording of ii i 'i NTE in Incode Consolidated i. .•. of approvals 1P I i Monthly .. .. of i i contract expirations *Quarterly Department meetings to discuss existing COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY 7 Lack of . • Training Rules I i Policy Practice Two departments trained, city -wide implementation on-going Ewe ff Sourcing Strategy and •' .••"• to Purchasing Policy * Quarterly Meetings with Executive Team COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY 8 *Standardized Services RFP Template 0 Purchase of i •. i i . ! ", OPPORTUNITY COMMUNITY SERVICE SCHHERTZ I 9 Looking Forward... It of Procurements r for Compliance Tracking r It Card Expenditures Addition r expenditure to its OPPORTUNITY COMMUNITY SERVICE SCHHHU17 I Pulnicy Change H'Ighl'lghts I Old Pokv I New Policv I Split into two sections: Introduction & Role of Purchasing Department. Removed reference to City Purpose of the Purchasing Policy Charter (n longer applicable) Section Le. Removed. Has not been current practice far years. Departments create POs Principles of the Purchasing Policy Retitled to Procurement Standards Section 4 - Procurement Authority. Added to clarify when Council approval is required. General Procurement Guidelines Retitled to Procure mentThresholds; added detall to clarify previous ambiguities Specific Procedures, Section 4.a. Removed® Has not been current practice for years. Departments order office, supplies Specific Procedures, Section 4.c. Removed. Has not been current practice for years. Departments create PCs Specific Procedures, Section 4.d. Remove reference to the City Secretary; not involved in the procurement process Two-Step Advertised Procurment, section 9 Removed. Section 11, - Fixed Assets. Added section to clarify previous ambiguities Section 12 - Surplus. Added section to clarify previous ambiguities Purchase Order Exemptions, section 13 Removed. No longer applicable. COMMUNITY SERVICE SCHHEIRUZZ I OPPORTUNITY COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY 12 Workshop C CITY COUNCIL MEMORANDUM City Council Meeting: January 22, 2019 . Department: City Council Subject: Discussion and consideration and /or action regarding the confirmation, appointment or election of the Mayor Pro Tem On August 28, 2018 . City Council amending their Rules of Conduct and Procedure (Ordinance 18 -M -30) regarding the appointment of the Mayor Pro Tem. Below is the amended article: Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor :Pro Tem, a Councilmember must be an elected member of Council and a member in good standing. (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem,the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. City Charter Section. Section 4.02 Qualifications. The Mayor and each Councilmember must have attained the age of eighteen or older on the first day of the term of office applied for, be a registered voter of the City of Schertz, and have been a resident of the City for at least twelve consecutive months immediately preceding the deadline for filing for an application for a place on the ballot. Section 4.05 Mayor and Mayor Pro -Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, unless another signatory is otherwise designated by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a term and pursuant to procedures established by the City Council from time to time. The Mayor Pro- Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council. 1• Council will discuss and consider the appointment of the next Mayor Pro -Tem regarding the above qualification. Mayor Carpenter will swear the new Mayor Pro -Tem in on February 5, 2019. .