20-R-70 - ILA with Bexar County for purpose of participating in CARES Act 2020 Grant Agreement - LibraryRESOLUTION NO. 20 -R -70
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SCHERTZ AND THE COUNTY OF
BEXAR FOR THE PURPOSE OF PARTICIPATING IN A CARES ACT
2020 GRANT AGREEMENT TO CIRCULATE WI -FI HOTSPOTS, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz ( "City ") and the County of Bexar ( "County ") are
interested in addressing the issue of digital inclusion and allowing their respective public
libraries to partner for the purpose of circulating, distributing and managing wi -fi hotspot
devices as a means of internet connectivity; and
WHEREAS, Chapter 791, Texas Government Code, the Interlocal Cooperation Act, is
for the purpose of increasing the efficiency and effectiveness of local governments by
authorizing them to contract, to the greatest possible extent, with one another and with agencies of
the state; and
WHEREAS, funding for this Grant Agreement is appropriated under the Coronavirus
Aid, Relief, and Economic Security Act, 2020 (Public Law 116 -136) ( "CARES Act ") enacted
on March 27, 2020, as amended, to facilitate protective measures for and recovery from the
public health emergency in areas affected by COVID -19, which are Presidentially - declared
major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
WHEREAS, the CARES Act stipulated that the United States Department of the Treasury
would give funding directly to counties with a population greater than 500,000 and COUNTY
received $79,626,415.00 directly from the United States Department of the Treasury as a result of
the CARES Act; and
WHEREAS, COUNTY has allocated a portion of its federal CARES allocation to
digital inclusion. Since 2017, COUNTY's digital public library, BiblioTech, has been
circulating portable wi -fi hotspots ( "Devices ") as a means of internet connectivity. COUNTY
desires to enter into this Agreement with CITY to circulate Devices from the Schertz Public
Library. Bexar County would pay for the monthly service charge and activation fees for one
(1) year, and the CITY'S library would be responsible for circulation, distribution and
management of the Devices during the Term of this 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 Interlocal Agreement 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 14'h day of July 2020.
CITY OF SCHERTZ, TEXAS
464�-�-
OF17- X
R Gu ez, Mayor
ATTEST.
` [ , L14 -
Brenda Dennis, City Secretary
i
EXHIBIT A
PUBLIC LIBRARY INTERLOCAL AGREEMENT
See attached
50234811.1 A-1
STATE OF TEXAS § CARES ACT 2020 GRANT
§ AGREEMENT BETWEEN THE
§ COUNTY OF BEXAR AND
COUNTY OF BEXAR § CITY OF SCHERTZ PUBLIC LIBRARY
This CARES Act Grant Agreement ( "Agreement ") is hereby made and entered into by COUNTY
OF BEXAR, a political subdivision of the State of Texas ( "COUNTY "), and the CITY OF
SCHERTZ, a municipal corporation of the State of Texas, by and through the Schertz Public
Library (LIBRARY), a Texas Library System located at 798 Schertz Parkway, Schertz, Texas
78154, ( "LIBRARY "). COUNTY and LIBRARY are sometimes referred to collectively as the
"Parties ".
RECITALS
WHEREAS, funding for this Grant Agreement is appropriated under the Coronavirus Aid,
Relief, and Economic Security Act, 2020 (Public Law 116 -136) ( "CARES Act ") enacted on March
27, 2020, as amended, to facilitate protective measures for and recovery from the public health
emergency in areas affected by COVID -19, which are Presidentially - declared major disaster areas
under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.);
WHEREAS, the CARES Act stipulated that the United States Department of the Treasury
would give funding directly to counties with a population greater than 500,000 and COUNTY
received $79,626,415.00 directly from the United States Department of the Treasury as a result of the
CARES Act; and
WHEREAS, COUNTY has allocated a portion of its federal CARES allocation to digital
inclusion. Since 2017, COUNTY's digital public library, BiblioTech, has been circulating portable
wi -fi hotspots ( "Devices ") as a means of internet connectivity. COUNTY desires to enter into this
Agreement with LIBRARY to circulate Devices from their library. Bexar County would pay for the
monthly service charge and activation fees for one (1) year, and LIBRARY would be responsible for
circulation, distribution and management of the Devices during the Term of this Agreement;
WHEREAS, through approval and execution of this Agreement, Commissioners Court
specifically finds that providing Devices pursuant to this Agreement to expand rural broadband
capacity to assist with distance learning and telework are necessary for the public health emergency.
NOW, THEREFORE, upon and in consideration of the mutual promises and covenants contained
herein and for other valuable consideration, the receipt, adequacy and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
TERMS
Section 1. RECITALS BINDING. The foregoing recitals are incorporated into the terms of this
Agreement and shall be binding on the Parties.
Section 2. PROCEDURES. The Parties agree that the procedures for circulation, distribution
and management of the Devices set out in Exhibit "A"
Section 3. DEFAULT. The use of the grant of Devives to the LIBRARY shall be subject to the
Procedure set out in Section 2. If LIBRARY fails to comply with the Procedures set out in
Section 2, as determined in the sole discretion of COUNTY then the COUNTY may notify
the LIBRARY in writing that the provisions of this Agreement were breached and the
COUNTY will be picking -up the e- readers from the schools' libraries on the date specified in
the notice.
Section 4. CONTRACT CHANGES. Any modifications, additions, or deletions to the terms of
this Agreement shall be by written amendment of the Parties.
Section 5.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for,
and with respect to the performance of, governmental functions by governmental entities.
5.1.1 The services provided for herein are governmental functions, and the City and
the County shall be engaged in the conduct of a governmental function while providing
and /or performing any service pursuant to this Agreement.
5.1.2 The relationship of the County and the City shall, with respect to that part of
any service or function undertaken as a result of or pursuant to this Agreement, be that of
independent contractors.
5.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any
third party, as creating the relationship of principal and agent, partners, joint ventures, or
any other similar such relationship between the Parties.
5.2 Each Party reserves and does not waive any defense available to it at law or in equity as
to any claim or cause of action whatsoever that may arise or result from or in connection
with this Agreement. This Agreement shall not be interpreted nor construed to give to
any third party the right to any claim or cause of action, and neither the City nor the
County shall be held legally liable for any claim or cause of action arising pursuant to or
in connection with this Agreement except as specifically provided herein or by law.
5.3 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its
Commissioners, Councilmembers, officers, employees, and agents as a result of the
execution of this Agreement and the performance of the covenants and agreements
contained herein.
Section 6. NOTICES. All notices given under this Agreement shall be in writing and sent by
certified mail, return receipt requested, as follows:
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If to COUNTY: Bexar County Judge
Attn: Grant Agreement
Bexar County Commissioners Court
101 West Nueva Street, Suite 1019
San Antonio, Texas 78205 -3482
and, Laura Cole
BiblioTech Director
101 West Nueva Street, Suite 807
San Antonio, Texas 78205
and, Chief, Civil Section
Bexar County District Attorney's Office
300 Dolorosa, Fifth Floor
San Antonio, Texas 78205
If to LIBRARY: Melissa Uhlhorn
Schertz Public Library Director
798 Schertz Parkway
Schertz, Texas 78154
City Attorney
Denton, Navarro, Rocha, Bernal, & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: Daniel Santee
Section 7. SEVERABILITY. In the event any section, subsection, paragraph, subparagraph,
sentence, phrase, or word contained in this Agreement is held invalid, illegal, or
unenforceable, the balance of this Agreement shall stand, shall be enforceable, and shall be
read as if the parties intended at all times to delete said invalid section, subsection, paragraph,
subparagraph, sentence, phrase, or word. In such event, there shall be substituted for such
deleted provision a provision as similar in terms and in effect to such deleted provision as may
be valid, legal, and enforceable.
Section 8. TERM. This Agreement shall commence on the date set out below and shall terminate
upon the earlier o£ (1) a default under Section 3; or One (1) year from the execution date.
Section 9. AUTHORIZATION. This Agreement was approved by Bexar County Commissioners
Court. The Economic Development Grant provided pursuant to this Agreement is expressly
subject to the fulfillment by LIBRARY of all of the terms and conditions described herein.
At the Request of the COUNTY, LIBRARY shall provide a resolution of its governing
authority, with respect to the entry into and performance of this grant agreement.
IN WITNESS WHEREOF, this Agreement is executed in duplicate originals on this day of
.2020
COUNTY OF BEXAR
MR
NELSON W. WOLFF
County Judge
APPROVED AS TO LEGAL FORM:
Criminal District Attorney
County of Bexar, Texas
GERARD CALDERON
Assistant Criminal District Attorney
Civil Section
APPROVED AS TO FINANCIAL CONTENT.
LEO S. CALDERA, CIA, CGAP
County Auditor
DAVID SMITH
County Manager
APPROVED:
LAURA COLE
BiblioTech Director
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CITY OF SCHERTZ
By: ' ' ��"
Name Browne
Title: City Manager
Date: ~7 I I 1-100
EXHIBIT "A"
The Parties agree that the procedures set out herein shall be followed in connection with the
distribution of the COUNTY grant of ONE HUNDRED (100) CoolPad Surf wi -fi hotspots with
unlimited data at a monthly rate of $22.99 per device for a period of TWELVE (12) months, for a
total value of $27,588.00, to begin with the execution of this agreement.
The SCHERTZ PUBLIC LIBRARY agrees to loan the devices for a circulation period of twenty -
one days in accordance with its regular library policies.
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