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02-09-2021 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 9, 2021 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively s a team City Council will hold its regularly rly sc e e reeti at : ., Tuesday, February 0 t the City Council Chambers. In lieu of attending the meeting in ers , residents will have the opportunity to tc the meeting via live stream the City's YouTube Channel Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Dahle) Presentations • Proclamation President George Washington Day (Mayor /Tom Jones) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) February 9, 2021 City Council Agenda. Page 1 Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of February 2, 2021. (B. Dennis) 2. Resolution No. 21 -R -11- Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to sign and execute Development Agreement Extensions in relation to Development Agreements entered into November of 2010, April of 2011, and August of 2011. (B. James /L. Wood /E. Delgado) 3, Boards, Commissions and Committee Member Resignations - Consideration and/or action . approving the resignations of Mr. Will Soto and Ms. Debbie Krause from the Historical Preservation Committee. (M. Browne /B. Dennis) q, Resolution No. 21 -R -02 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to enter into an agreement with Affinity Family Care Clinic for Mobile Integrated Healthcare (MIH) services. (C. Kelm /J. Mabbitt) Discussion and Action Items 5. Resolution 21 -R -05 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, approving the review and recommendations addressing Staff compression concerns. (M. Browne /C. Kelm /J. Kurz) February 9, 2021 City Council Agenda. Page 2 Roll Call Vote Confirmation Workshop 6. Workshop Discussion and Update (Ordinance 20 -11-18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long /S. Hall) Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations 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 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 4th DAY OF FEBRUARY 2020 AT 10:00 A.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. BRENDA DENNIS 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 , 2021. 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. February 9, 2021 City Council Agenda. Page 3 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 Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Schertz Animal Services Advisory Commission Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation TIRZ II Board Interview Committee for Boards and Commissions TIRZ II Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Audit Committee ]Main. Street Committee Investment Advisory Committee Schertz- Seguin Local Government Corporation - Main Street Committee Alternate February 9, 2021 City Council Agenda. Page 4 Agenda No. 1. ei 10UM City Council February 9, 2021 Meeting: Department: City Secretary Subject: Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of February 2, 2021. (B. Dennis) The City Council held a Regular City Council meeting on Tuesday February 2, 2021. RECOMMENDATION Recommend Approval. Attachments 2 -2 -2021 Draft Min DRAFT MINUTES REGULAR MEETING February 2, 2021 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 2, 2021, 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: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Jill Whittaker; Councilmember Mark Davis; Councilmember Rosemary Scott; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff: Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Jill Whittaker) Mayor Gutierrez recognized Councilmember Whittaker who provided the opening prayer followed by the pledges of allegiance to the Flags of the United States and State of Texas. Mayor Gutierrez recognized Caleb Reeder, Boy Scout from Troop 341 who was in the audience this evening, he is working on his Citizenship in the Community Merit Badge. Mr. Reeder stood to be recognized. A. Mayor Pro -Tem Oath of Office - Oath of Office administered to Councilmember Jill Whittaker. (B. Dennis) City Secretary Brenda Dennis provided the Mayor Pro -Tem Oath of Office to Councilmember Whittaker. Mayor Gutierrez stated he has a special announcement, Council and guests while seated it is perfectly fine for you to remove your mask or while speaking at the podium, but as you approach the dais or depart the Chamber we respectfully ask that you place your face mask back on. Presentations • Proclamation recognizing and designating February 2021 as Career and Technology Education Month. (Mayor /Amy Massey /Cassandra Garcia) Mayor Gutierrez read and presented the proclamation to Ms. Amy Massey and Ms. Cassandra Garcia with SCUCISD. Ms. Massey and Ms. Garcia provided Council with information on the CTE program. • Historical Preservation Committee Annual Report. (M. Browne /B. James /D. Weirtz/D. Bourgeois) Mayor Gutierrez recognized Chair of the Historical Preservation Committee Daniel "Frenchy" Bourgeois who provided a PowerPoint presentation regarding their Annual Report. Mr. Bourgeois addressed questions from Council. Mayor and Members of Council thanked Mr. Bourgeois and Mr. Weirtz for all the work the Historical Preservation Committee have done to preserve our history. Employee Recognition Mayor Gutierrez recognized the following Department Heads who introduced their new employees. • Collin Sherman - EDC Marketing & Recruitment Manager. (M. Browne /A. Perez) • Hunter Valdez - EMS Full Time Paramedic; William Fowler IV EMS P/T Paramedic. (M. Browne /C. Kelm/J. Mabbitt) • Analyse Miranda - Park and Recreation Administrative Assistant. (M. Browne /B. James /L. Shrum) • Bryce Burch, Roberto Garcia, Cole Moody - Street Worker 1. (M. Browne /C. Kelm/S. Williams /D. Letbetter) • Valentine Ruiz Jr. - Schertz- Seguin Local Government Corporation Assistant General Manager. (M. Browne /C. Kelm /S. Williams /A. Beard) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Mayor Gutierrez recognized Assistant City Manager Charles Kelm who provided the following information on upcoming events: Friday, February 5th City Council Workshop Retreat N 8:00 AM — 4:00 PM EVO Entertainment (18658 11-135) The overall theme of the retreat is "Creating the Complete City" and the question we are asking Council to consider is, Is the City of Schertz successfully creating the complete city as envisioned in our strategic plan? Tuesday, February 9th Next regular scheduled Council meeting March 4th -May 6th The Schertz Police Department is hosting the Citizens Police Academy starting March 4, 2021, and ending on May 6, 2021. The classes are every Thursday from 6pm -9pm. At this time, the location of the class is to be determined. Depending on how many applications we receive will depend on having the classes in the PD training room or another location. Applications are available at the Police Department or by visiting the Schertz website at www.Schertz.com/ 351 / Schertz- Citizens - Police - Academy, completing the PDF application, and returning the application to the Schertz Police Department, attention Officer Anna Kraft. • Announcements and recognitions by the City Manager (M. Browne) Dr. Browne recognized the Public Affairs Department who recently worked to refresh all the photos in the hallways in Building #2, they are currently working with the EDC Department to also update their photos. Dr. Browne also recognized the Public Works Department for the work they have done on the Westchester and Curtis Avenue sidewalks as well as the drainage project along Schertz Parkway. • Announcements and recognitions by the Mayor (R. Gutierrez) - None at this time. Hearing of Residents Mayor Gutierrez read the following: This time is set aside for any person who wishes to address the City Council. Each person is limited to 3 minutes, and we ask before addressing the Council, for the record, please state your name and address. Mayor Gutierrez read the five rules that were on the overhead. For the record please state your name address. 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. 3 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. Mayor Gutierrez recognized the following: • Mr. Leonard Moore, 1653 N. Santa Clare, who again spoke on the need to change police policies and stated that until that is done, he will keep coming to council. • Ms. Maggie Titterington - The Chamber President. 1730 Schertz Parkway who provided information on the recent Chamber events as well as all the upcoming ribbon cutting events. Council should be receiving those invitations. • Sr. Miguel Vazquez, 9320 Berean Way, who addressed Council regarding the recent new Cemetery National Historic Site designation for the Cemetery along FM 78 - Cibolo Creek - FM 78 and River Road. He also stated that the Cemetery Committee is working to restore the other cemeteries in Schertz. He stated that Schertz has 9. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Gutierrez read the following items into record: 1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of January 26, 2021. (B. Dennis) 2. Resolution 21 -R -13 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, approving Employee Policies. (M. Browne /C. Kelm /J. Kurz) 3. Resolution 21 -R -12 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing and approving a professional services agreement with M &S Engineering for various on -call engineering services and all matters in connection therewith. (M. Browne /C. Kelm /S. McClelland) 4. Ordinance No. 21 -A -04- Consideration and /or action for an Ordinance on a request for voluntary annexation of approximately 142 acres of land located generally 3,500 feet southwest of the intersection of Doerr Lane and Bell North Drive, Comal County, Texas (B. James / L. Wood / E. Delgado) Final Reading 0 5. Ordinance No. 21 -S -03- Consider and act upon a request to rezone approximately 142 acres of land to Manufacturing District- Light (M -1). The subject property is located generally 3,500 feet southwest of the intersection of Doerr Lane and Bell North Drive, Comal County, Texas. (B. James / L. Wood / E. Delgado) Final Reading Mayor Gutierrez asked Council if there were any items they wished to be removed for separate action. Mayor Gutierrez recognized Councilmember Scott who requested that agenda items, 2 and 3 be removed. Moved by Councilmember Rosemary Scott, seconded by Mayor Pro -Tem Jill Whittaker to approve consent agenda items 1, 4 and 5. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Discussion and action items Mayor Gutierrez read the following items into record: 2. Resolution 21 -R -13 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, approving Employee Policies. (M. Browne /C. Kelm /J. Kurz) Mayor Gutierrez recognized HR Manager Lindsey Cox who addressed questions from Councilmembers Scott and Dahle. Moved by Mayor Pro -Tem Jill Whittaker, seconded by Councilmember Michael Dahle to approve agenda item 2 Resolution No. 21 -R -13. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 3. Resolution 21 -R -1.2 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing and approving a professional services agreement with M &S Engineering for various on -call engineering services and all matters in connection therewith. (M. Browne /C. Kelm /S. McClelland) Mayor Gutierrez recognized Assistant Director of Public Works Scott McClelland who came forward addressing Councilmember Scott's questions. Moved by Councilmember David Scagliola, seconded by Councilmember Tim Brown to approve agenda item 3 Resolution No. 21 -R -12. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Roll Call Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation on agenda items 1 through 5. Workshop 6. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long /S. Hall) Mayor Gutierrez recognized Emergency Management Coordinator Summer Hall who provided a PowerPoint presentation on the current COVID virus and EOC activities. Ms Summer also in the provided information regarding the upcoming vaccination clinic. The City of Schertz and Guadalupe County are partnering together to host a series of COVID-19 vaccine clinics this week. The Texas Department of State Health Services has allocated 1,000 Moderna vaccine doses to our community. COVID -19 vaccines will be administered free of charge at the Schertz Civic Center, from 8:00 a.m. to 5:00 p.m. on Thursday, February 4. The COVID-19 vaccines will be distributed to individuals, per State guidelines, who fall under phases IA and IB. These are the only populations currently eligible to be vaccinated at this time. Appointments are required and can be made by registering online at Schertz.com /covidvaccine or by calling the City of Schertz COVID-19 Vaccine Hotline at (210) 619 -1000. Registration opened today at 9:00 a.m. Walk -ins will not be accepted. Those with appointments are required to bring a driver's license or other form of photo identification with them to the clinic. Ms. Hall also stated that the City of Seguin and Comal County will also be hosting clinics at the Seguin. Coliseum located at 950 S. Austin Street in Seguin from 9 a.m. to 5 p.m. Wednesday, February 3rd, Thursday, February 4th and Friday, February 5th. Registration for this opened today at 9 am .- the link Seguintexas.gov /covidvaccine or by calling the Guadalupe County COVID-19 Vaccine Call Center at 830 - 303 - 9701. Ms. Hall addressed questions from Council. 6 Mayor Gutierrez thanked Ms. Hall and her team for all the work they did in regards to the registration for the upcoming COVID -1.9 shots. He thanked all the volunteers who assisted. Information available in City Council Packets - NO DISCUSSION TO OCCUR Mayor Gutierrez pointed out agenda Item 7 which was in the City Council packet as well as can be found on -line. 7. Monthly update - on major projects in progress /CIP. (B. James /K. Woodlee) Requests and Announcements • Announcements by the City Manager. Nothing further: • Requests by Mayor and Councilmembers for updates or information from staff. Mayor Gutierrez recognized Councilmember Scott who requested that they revisit the Tree Mitigation policy. City Manager Dr. Browne stated that he would send the current ordinance out to all members of Council. Councilmember Scott also stated that she had been contacted by a member of the Friends of Crescent Bend who stated that several individuals are speeding in the area and have requested speed bumps. City Manager Dr. Browne stated that he would look into it and get back to her. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. No items requested. • 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 Mayor Gutierrez recognized the following members of Council who provided information on events attended: • Mayor Pro -Tem Whittaker - assisted today with the phone bank for the upcoming City COVID -19 shots. She thanked all the volunteers who assisted today • Councilmember Dahle - Thursday attended the Cibolo Valley Local. Government Corporation meeting, and Saturday attended the Chamber Health and Wholeness Fair. • Councilmember Heyward - Saturday attended the Chamber Health and Wholeness Fair and was sitting next to the Guadalupe County Community Coalition. They were discussing upcoming education events regarding current drug abuse problems among the youth. Today she also assisted with the phone bank for the upcoming COVID-19 shots. Mayor Gutierrez thanked all those that assisted today with the phone bank regarding the registrations for the upcoming COVID -19 shots. Adjournment Mayor Gutierrez adjourned the meeting at 7:17p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary ei IRIUM City Council February 9, 2021 Meeting: Department: Planning & Community Development Agenda No. 2. Subject: Resolution No. 21 -R -11- Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to sign and execute Development Agreement Extensions in relation to Development Agreements entered into November of 2010, April of 2011, and August of 2011. (B. James /L. Wood/E. Delgado) In 2010 and 2011 the City of Schertz entered into Delayed Annexation Development Agreements with property owners based on Texas Local Government Code Section 43.035 (b)(1) and 212.172 in order to (i) guarantee the continuation of the extraterritorial status of the Land for the term of the agreement and (ii) authorize the enforcement of all regulations and planning authority of the City that did not interfere with the use of the land for agriculture or wildlife manage or as timber land. Per the agreements that were signed and executed in, specifically Section 5. Term; Annexation at End of Term, stipulates that ten (1.0) years after the effective date of the agreement the property is to be annexed into the City of Schertz. There were four groups of Delayed Annexation Development Agreements, outlined below: Agreement Agreement Current Status mIT Executed Expiration July 2010 July 2020 City Council Approved Resolution 20 R -116 on October 27, 2020 authorizing the City Manager to sign and execute extension agreements with 23 property owners. These 23 agreements have been recorded with their respective counties and mailed back to the property owners. November November Resolution 21 -R -11 will allow the City Manager to sign and execute 2010 2020 extensions for 25 properties. These 25 extensions have already been signed by the property owners. April 2011 April 2021 Resolution 21 -R -11 will allow the City Manager to sign and execute extensions for 2 properties. These 2 extension have already been signed by the property owners. August 2011 August Resolution 21 -R -11 will allow the City Manager to sign and execute 2021 extensions for potentially 82 properties. At this time Planning staff is in the process of communicating the potential extensions to the property owners within this group. At this time we do not have signed extensions, which is why there is a potential for 82 properties, but that number may be reduced based on owners decision. The nationwide and statewide declaration of public health emergency in relation to COVID -19 impacted the city's ability to reach out well in advance to discuss the expiration of the delayed annexation agreements and the resulting annexation of the properties under said agreements with the property owners. The annexation process can be disruptive and contentious at times, and it seemed more appropriate to not proceed forward with the annexations during the pandemic and instead offer the property owners Development Agreements Extensions. The extension would provide the same rights as previously established in the original agreement but would delay the annexation of the properties to a later date. Specifically, the extension would be in effect until January 1, 2024, at which time the City of Schertz would begin annexation proceedings and conclude them no later than December 31, 2024. In addition to COVID-19, the Development Agreement Extensions will allow City staff to complete the Comprehensive Land Use Plan update, authorized with the FY20 -21 budget. This will ensure that when these properties are annexed and zoned in 2024 it will be in conformance with the updated Comprehensive Land Use Plan. At this time, City staff is requesting the City Council authorize the City Manager to sign and execute Development Agreement Extensions for all properties in which the property owners choose to extend with Development Agreements originally signed in November 2010, April 2011 and August 2011. . GOAL To authorize the City Manager to sign and execute Development Agreement Extensions for all properties in which the property owners choose to extend with Development Agreements originally signed in November 2010, April 2011 and August 2011. COMMUNITY BENEFIT Offering Development Agreement Extensions not only delays the annexation of these properties, but allows the focus to remain on personal safety during the ongoing pandemic, rather than on the annexation of properties, and will ultimately mean that properties would be annexed and zoned in accordance with an updated Comprehensive Land Use Plan. The delay is an immediate benefit to the property owners offered an extension, but is also a long term benefit to the community to ensure that properties are zoned in accordance with the new goals, objections, and vision for the City of Schertz in accordance with an updated Comprehensive Land Use Plan. 1104 104 Fill fflull a A W4[01yK11)N1iW� Staff recommends approval of Resolution No. 21 -R -1.1 authorizing the City Manager to sign and execute Development Agreement Extensions in relation to Development Agreements entered into November of 2010, April of 2011, and August of 2011. FISCAL IMPACT The development agreement extensions will need to be recorded with the respective County for each property which will be a financial impact to the City. However, this financial impact will be much less significant than annexing the properties in at this time. Staff recommends approved of Resolution No. 21 -R -11 authorizing the City Manager to sign and execute Development Agreement Extensions in relation to Development Agreements entered into November of 2010, April of 2011, and August of 2011. Attachments Resolution 21 -R -11 and Exhibit A List of Properties Res 21 -R -11- Exhibit B Maps Exhibit C RESOLUTION NO. 21-R-11 A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE DEVELOPMENT AGREEMENT EXTENSIONS IN RELATION TO DEVELOPMENT AGREEMENTS ENTERED INTO NOVEMBER OF 2010, APRIL OF 2011, AND AUGUST OF 2011 WHEREAS, Texas Local Government Code Section 43.01.6 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 21.2.1.72 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, in 2010 . and 2011 the City of Schertz offered Development Agreements to property owners for a period of 10 years at which time the agreement was set to expire with groups expiring in November 2020, April 2021 and August 2021; and WHEREAS, due to the nationwide and statewide declaration of public health emergency related to COVID -19, which impacted the city's ability to reach out well in advance to discuss the expiration of the delayed annexation agreements and the resulting annexation of the properties under said agreements with the property owner; and WHEREAS, City staff has recommend to the City Council that Development Agreement Extensions be offered to the property owners with existing Development Agreements in order to delay the annexation of their properties for a term not to exceed January 1, 2024 with the City concluding all annexation proceedings commenced under these Development Agreement Extensions before December 31, 2024; and WHEREAS, City staff has communicated with and received or in the process of receiving signed Development Agreement Extensions from property owners within the November 2020, April 2021, and August 2021 Expiration groups; listed as Exhibit A and shown on Exhibit B and WHEREAS, the City desires to allow the City Manager to sign and execute Development Agreement Extensions with all property owners desiring extensions with original Development Agreements expiring in November of 2020, April of 2021 and August 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby authorizes the City Manager to offer to qualifying landowners, and to execute and deliver, a Development Agreement Extension with such landowners identified in Exhibit A and Exhibit B in substantially the form set forth on Exhibit C, to be completed with the name of the property owner (s), the legal description of the property, the county in which the property is located, the property owner's notice address, and the date of the Development Agreement Extension. Development Agreement which otherwise varies from the attached Form Development Agreement must be approved by the City Council. 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 9th day of February, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A (Lis ofProperty Owner within the November 2020 Exp +k%nGrup 10-A-33 Brenda Gay Webb 36 mR John Lane 12.43 Guadalupe 68374 11 9 2010 11/9/2020 550 Eckhardt Rd. New Braunfels, T 10-A-33 Brian E We z 78132 69.82 C m@ 78218 11 9 2010 11/9/2020 Daryl W. Hoffmann & No Address 10-A-33 Todd D. Hofmann Assigned percAD 25.179 C m@ 78957 11/9/2010 11/9/2020 Daryl W. Hoffmann & No Address 10-A-33 Todd D. Hofmann Assigned percAD 2.059 C m@ 78960 11/9/2010 11/9/2020 6080 F9 482 New Braunfels, T 10-A-33 Donald » pp 78132 11 C m@ 78976 11/9/2010 11/9/2020 10-A-33 Lois N.V is Eng (R .T 46.64 Guadalupe 6161 11/9/2010 11/9/2020 829 Green Valley 10-A-33 Lois N.V is Rd. T 1 Guadalupe 61615 11/9/2010 11/9/2020 59 Fmbo se m. New Braunfels, T 10-A-33 Roland A OKt,z 78130 0.5 Guadalupe 68378 11 9 2010 11/9/2020 59 Fmbo se m. New Braunfels, T 10-A-33 Roland A Ortiz 78130 9.5 Guadalupe 68377 11 9 2010 11/9/2020 Ronald K bh & sue nne 10-A-33 L Schott Eng |R± T 4 Guadalupe 68384 11 9 2010 11/9/2020 Ronald K Rh & suza nne 10-A-33 L Schott 130 Engel Rd. T 1 Guadalupe 68385 11 9 2010 11/9/2020 Ronald K bh & suza nne 10-A-33 L Schott Eng |R± T 73.29 Guadalupe 68382 11 9 2010 11/9/2020 Ronald K &h & Suz nne 10-A-33 L Schott 86 Engel Rd. T £0 Guadalupe 68383 11 9 2010 11/9/2020 No Address 10-A-33 Sandra R eh Assigned percAD 106.115 C m@ 79001 11/9/2020 11/9/2020 5887 FM 482 New Braunfels, T 10-A-33 Sandra R eh 78132 £393 C m@ 78945 11/9/2010 11/9/2020 0FM4 2 New Braunfels, T 10-A-33 Sandra R eh 78132 2.699 C m@ 78946 11/9/2010 11/9/2020 0FM4 2 New Braunfels, T 10-A-33 Sandra R eh 78132 7.96 C m@ 75480 11/9/2010 11/9/2020 0FM4 2 New Braunfels, T 10-A-33 Sandra R eh 78132 4.4 C m@ 78247 11/9/2010 11/9/2020 EXHIBIT A CONT. (List of Property Owners within the November 2020 Cont. Expiration Group) OWN= 6025 FM 482 Timothy A. & Sharlene New Braunfels, TX 10 -A -33 E. Fey 78132 -4544 28.273 Comal 79009 11/29/2010 11/29/2020 Timothy A. & Sharlene No Address 10 -A -33 E. Fey Assigned per CAD 68.248 Comal 79006 11/9/2010 11/9/2020 6028 FM 482 Timothy A. & Sharlene New Braunfels, 10 -A -33 E. Fey TX 78132 -4542 4.014 Comal 79004 11/9/2010 11/9/2020 Weston Ranch Green Valley Rd. 10 -A -33 Foundation TX 228.494 Guadalupe 61511 11/9/2010 11/9/2020 Weston Ranch Green Valley Rd. 10 -A -33 Foundation TX 47.03 Guadalupe 61609 11/9/2010 11/9/2020 570 Froboese Ln. New Braunfels, TX 10 -A -33 Wild West Farms LLC 78130 1 Guadalupe 68381 11/9/2010 11/9/2020 570 Froboese Ln. New Braunfels, TX 10 -A -33 Wild West Farms LLC 78130 8 Guadalupe 68380 11/9/2010 11/9/2020 EXHIBIT A CONT. (List o Property Owners within the April 201 Expiration Group) Milton& /me^ . Friesenhahn, Elizabeth Ann B +h$ Jeanne 9@?Zwkk, Lower S RmnRd. 11-A-09 and Katherine M enk Scher z, T 78154 It §51 Be ar 310012 4/19/2011 4 19 2021 12205 Lower Sam n Aeon E & Eileen Rƒ S herzt,T 11-A-09 Schneider 78154 I£5 Be ar 309842 4/19/2011 4 19 2021 EXHIBIT A CONT. (List of Property Owners within the August 2021 Expiration Group) 77 { 1 7 J { Ernest E. & Regina E. 12198 Schaefer Rd. 11 -A -22 Marshall Schertz, TX 78108 14.932 Bexar 309837 8/9/2011 8/9/2021 12250 Schaefer Rd. 11 -A -22 Wesley H. Rumpf Schertz, TX 78108 18.65 Bexar 309807 8/9/2011 8/9/2021 12250 Schaefer Rd. 11 -A -22 Wesley H. Rumpf Schertz, TX 78108 9.606 Bexar 309814 8/9/2011 8/9/2021 RAF Burnette, 11 -A -22 Janis K. Ludwig Schertz, TX 78108 37.921 Bexar 1274920 8/9/2011 8/9/2021 12572 RAF Burnette, 11 -A -22 David N. Ludwig Schertz, TX 78108 36.921 Bexar 309419 8/9/2011 8/9/2021 RAF Burnette, 11 -A -22 Bruce J. Wales Cibolo, TX 78108 14.3 Bexar 1141730 8/9/2011 8/9/2021 David A. & Lenore M. RAF Burnette, 11 -A -22 Young Cibolo, TX 78108 10 Bexar 309418 8/9/2011 8/9/2021 David A. & Lenore M. 12826 RAF Burnette, 11 -A -22 Young Cibolo, TX 78108 64.422 Bexar 309421 8/9/2011 8/9/2021 13011 Lower Seguin Rd 2, 11 -A -22 Larry W. Baumann Schertz, TX 78154 127.7 Bexar 309425 8/9/2011 8/9/2021 Larry W. & Yvonne Z. Lower Seguin Rd. 11 -A -22 Baumann Schertz TX 78154 27.8 Bexar 309427 8/9/2011 8/9/2021 Rosendo Zambrano 13191 Lower Seguin 11 -A -22 Fernandez Rd. Schertz, TX 78154 38.611 Bexar 309429 8/9/2011 8/9/2021 6160 Lower Seguin 11 -A -22 Rosendo Zambrano Rd. Schertz, TX 78108 3.49 Bexar 312008 8/9/2011 8/9/2021 Ronald Scott & Mia 12180 Lower Seguin 11 -A -22 Suzanne Roemer Rd. Schertz, TX 78154 12.754 Bexar 310007 8/9/2011 8/9/2021 12310 Lower Seguin 11 -A -22 Gary R. Fairley Rd. Schertz, TX 78154 33.115 Bexar 310004 8/9/2011 8/9/2021 12330 Lower Seguin 11 -A -22 Mark M. Reyes Rd. Schertz, TX 78154 20 Bexar 310002 11/15/2011 11/15/2021 Doris Asher L /E; Michael 12606 Lower Seguin 11 -A -22 Asher & Linda S. Harman Rd. Schertz, TX 78154 10.413 Bexar 310025 8/9/2011 8/9/2021 12610 Lower Seguin 11 -A -22 Sue N. Fluitt // Alfred Fluitt Rd. Schertz, TX 78154 19.47 Bexar 310024 8/9/2011 8/9/2021 12740 Lower Seguin 11 -A -22 Alfred L. Fluitt Rd. Schertz, TX 78154 16.16 Bexar 310031 8/9/2011 8/9/2021 Janice S. & Robert C JR 12818 Lower Seguin 11 -A -22 Lindorfer Rd. Schertz, TX 78154 11.9 Bexar 310030 8/9/2011 8/9/2021 EXHIBIT A CONT. L!#o #rn et Owner within the Aug ut20 1Con#2u # Expiration Gr # �� f /'\ 12840 Lo we Seguin 11-A-22 Ken Marx nshe Rd. Scher & T 78154 5.73 Be ar 310019 8/9/2011 8 9 2021 Lower S RmnR. 11-A-22 Karen M a@ Fischer Scherzi 78154 1 Be ar 1139510 8/9/2011 8 9 2021 Milton& 5./e FMe enhahn, Elizabeth Ann B»h$]eanne Marie 12840 Lower Sam n 11-A-22 Zwick ,Katherine M enk Rd. Sche «a T 78154 76865 Be ar 310022 8/9/2011 8 9 20 1 I282O Lower S Rm n 11-A-22 S annaFe&e Holtz Rd. Scher & T 78108 189.75 Be ar 310032 8/9/2011 8 9 2021 FM 151% 11-A-22 Steven William T Jbw Scher z, T 7815 12.532 Be ar 1103092 8/9/2011 8 9 2021 FM 151% 11-A-22 Steven William T Jbw Scherzt,T 78154 1 £0 7 Be ar 1103091 8/9/2011 8 9 2021 FM 151% 11-A-22 Steven William T Jbw Scher z, T 7815 5.05 Be ar 1207560 8/9/2011 8 9 2021 1229 Lower S Rm n 11-A-22 Lloyd R. & Jennifer F ¥p Rd. Scher & T 78154 40.556 Be ar 310006 8/9/2011 8 9 2021 8702 E. FM 1518 N. 11-A-22 GmIDeWe Scher z, T 78154 5.068 Be ar 310111 8/9/2011 8 9 2021 8702 E. FM 1518 N. 11-A-22 Steven D. Wriggle Scherzt,T 78154 5.058 Be ar 310039 8/9/2011 8 9 2021 FM 151% 11-A-22 GmIDeWe Sche4& T 78154 4. 35 Be ar 1103093 8/9/2011 8 9 20 1 Steven W.T uHow 8890 E. FM 1518 N. 11-A-22 Revocable Trust Scherzt,T 78154 1.829 Be ar 310107 8/9/2011 8 9 20 1 John E. & Alberta 86 O E. FM 1518 N. 11-A-22 Lundquist Scher z, T 78154 6.08 Be ar 310125 8/9/2011 8 9 20 1 Philip E. JR & Susan R. 8540 E. FM 1518 N. 11-A-22 Jacobson Scherzt,T 78154 9. 3116 Be ar 310126 8/9/2011 8 9 20 1 Steven W.T uHow 8710 E. FM Isla N. 11-A-22 Revocable Trust Scher z, T 78154 4.8182 Be ar 310090 8/9/2011 8 9 20 1 FM 151% 11-A-22 GmIDeWe Scher z, T 78154 0.6 4 Be ar 1103220 8/9/2011 8 9 2021 8890 E. FM 1518 N. 11-A-22 Grace Strain Scherzt,T 78154 1 Be ar 1061511 8/9/2011 8 9 2021 8890 E. FM 1518 N. 11-A-22 Grace Strain Scher z, T 78154 3. 6332 Be ar 31010 8/9/2011 8 9 2021 FM 151% 11-A-22 Brandon Mc a 7%I Scherzt,T 78154 3.15 Be ar 1298380 8/9/2011 8 9 2021 EXHIBIT A CONT. (Lis of Property Owners within the August 202 1Continued Expiration Group) 12839 Woman Damn O.& ChHab M. Hollering Rd. Sc herzt, 11-A-22 Corrigan T 78154 25.211 Be ar 310175 8/9/2011 8 9 20 1 W@derts @n Trust Fund 9275 Weir Ave. 11-A-22 % Ray Joy m@derts 6 n Scher z, T 78154 16 .6 Be ar 310053 8/9/2011 8 9 20 1 9761 Weir Ave. 11-A-22 Melvin Alan Krueger O bolo, T 7810 42.116 Be ar 310048 8/9/2011 8 9 2021 Weir Ave. 11-A-22 Ruth E Martin Scherzt,T 78154 4 3 16 Be ar 1190137 8/9/2011 8 9 2021 Paul D. & Mary Gayle Weir Rd. 11-A-22 Rundus Scher z, T 78154 39 Be ar 1269117 8/9/2011 8 9 2021 Joseph & we u% me m& 9114 Weir Ave. 11-A-22 Garcia O bolo, T 78108 20.846 Be ar 312012 8/9/2011 8 9 2021 Royce EH & Nancy £ Weir Ave. 11-A-22 Goddard Scher z, T 7815 20.955 Be ar 1315951 8/9/2011 8 9 2021 9044 WeirA E, 11-A-22 Nell Ros e Daum Weir Scherzt,T 78154 26.467 Be ar 312015 8/9/2011 8 9 2021 8680 Weir A E, 11-A-22 Nell Rose Daum Weir Scher z, T 78154 4 Be ar 312017 8/9/2011 8 9 20 1 8320 Trainer Hale Rd. Mark A& Catherine r ache«§ T 78154- 11-A 27 Penshom 4538 3$5 Be ar 312018 8/9/2011 8 9 2021 8320 Trainer Hale R$ Mark A & Catherine r Scher z, T 78154- 11-A 27 Penshom 4538 15.60 Be ar 312024 8/9/2011 8 9 2021 8320 Weir A E, 11-A-22 Mark Ace Penshom Scherzt,T 78154 Z$g Be ar 312025 8/9/2011 8 9 2021 Trainer Hale Rd., 11-A-22 Mark Ace Penshom Scher z, T 78154 g 3.776 Be ar 1056966 8/9/2011 8 9 20 1 8320 Trainer Hale Rd. Scher z, T 78154- 11-A 27 Mark Ace Pensh m 4538 2$9 Be ar 312023 8/9/2011 8 9 2021 Trainer Hale Rd., 11-A-22 Kay Penshom Vincent Scherzt,T 78154 4 221 Be ar 1056967 8/9/2011 8 9 2021 8206 Trainer Hale R$ 11-A-22 Edward & Lisa m Schmidt Scher z, T 78154 t 6 Be ar 339325 8/9/2011 8 9 20 1 818 Trainer Hale Rd. 11-A-22 Betty Schmidt Scherzi T 78154 76525 Be ar 340059 8 9 2011 8/9/2021 138 Schmidt Craft 11-A-22 Roger E Scott Living Trust m.S herzl,T 78154 12.244 Be ar 339334 8/9/2011 8 9 20 1 EXHIBIT A CONT. (Lis of Property Owners within the August 202 1Continued Expiration Group) 14384 Schmidt Craft 11-A-22 Roger E. Scott Living Trust m.S herzl,T 78154 0.887 Be ar 339329 8/9/2011 8 9 2021 156Schmdyce# 11-A-22 Benda (e# Scott m.S herzt,T 78154 35.097 Be ar 1178479 8/9/2011 8 9 2021 14532 Sch m Bt 11-A-22 James & Andrea G none scherzi T 78154 0. 731 Be ar 339328 8/9/2011 8 9 2021 1678 Schmidt Craft 11-A-22 Donald R. & Lana £ Sm dt m.S herzt,T 78154 1 £ag Be ar 339331 8/9/2011 8 9 2021 Schmidt-Craft m. 11-A-22 Lana Ee# Sm dt Scherzt,T 78154 16.0 1 Be ar 1178480 8/9/2011 8 9 2021 7993 Trainer Hale Rd. 11-A-22 Reagan &J anne Rawe ache«§ T 78154 101.347 Be ar 339790 8/9/2011 8 9 2021 Ronald R. Jr & Deanna R. Trainer H /e Rd., 11-A-22 Hulett Scherzt,T 78154 11 Be ar 1140481 8/9/2011 8 9 2021 8175 Trainer Hale Rd. 11-A-22 Allen & Kathy m@derts @n Scher z, T 78154 2 Be ar 339293 8/9/2011 8 9 20 1 7993 Trainer Hale Rd. 11-A-22 Allen W@derts @ n Scherzt,T 78154 78.939 Be ar 339295 8/9/2011 8 9 20 1 8205 Trainer Hale Rd. 11-A-22 Ralph Haeck r Scher z, T 78154 6 £97 Be ar 33929 8/9/2011 8 9 20 1 8205 Trainer Hale Rd. 11-A-22 Ralph Haeck r Scherzt,T 78154 1 Be ar 33928 8/9/2011 8 9 20 1 8215 Trainer Hale Rd. 11-A-22 ]o ¥ne S. Herrera Scher z, T 78154 88.9 Be ar 339286 8/9/2011 8 9 20 1 8321 Trainer Hale Rd. 11-A-22 Enom m M. Real ache«§ T 78154 67.035 Be ar 33928 8/9/2011 8 9 2021 Henr@ W. Family T & 8447 Trainer Hale Rd. 11-A-22 mensmann Scherzt,T 78154 5.4 Be ar 339275 8/9/2011 8 9 2021 8447 Tr ainerHaleRd. 11-A-22 Charles O. mensmann Scher z, T 78154 2.5 Be ar 339276 8/9/2011 8 9 2021 Henr@ W. Family T & 8745 Trainer Hale Rd. 11-A-22 mensmann Scherzt,T 78154 86.5009 Be ar 33927 8/9/2011 8 9 2021 8602 Tr ainerHaleRd. 11-A-22 Charles O. mensmann Scher z, T 78154 68.146 Be ar 310059 8/9/2011 8 9 2021 Valerie Har mann & Brian 8676 Trainer Hale Rd. 11-A-22 Beutnag | Scherzt,T 78154 78.146 Be ar 310060 8/9/2011 8 9 2021 Trainer Hale Rd., 11-A-22 James W.2 & Sharon Barr Scher z, T 78154 5.05 Be ar 1013798 8/9/2011 8 9 20 1 8758 Trainer Hale Rd. 11-A-22 James W.2 & Sharon Barr Scherzt,T 78154 5 Be ar 310222 8/9/2011 8 9 2021 EXHIBIT A CONT. (Lis of Property Owners within the August 2 21Coninu # Expiration Group) \ � /� � : =Mimi Gerald Wayne & Dana 877 Trainer Hale Rd. 11-A-22 Kelly V ana Scherzt,T 78154 9.956 Be ar 310225 8/9/2011 8 9 2021 Kneupp rBRs n 8850 Trainer Hale R$ 11-A-22 Properties LTD Scher z, T 78154 52.61 Be ar 310121 8/9/2011 8 9 2021 7530 E. FM 1518 N. 11-A-22 Gary Richard Ob arle Scherzt,T 78154 8. 165 Be ar 310070 8/9/2011 8 9 2021 7668 E. FM 1518 N. 11-A-22 Michael A. McCoy Scher z, T 78154 «8678 Be ar 310064 8/9/2011 8 9 2021 Portion 926 Weir Ave. of 11-A-22 caret San D§uk Sche«§ T 7815 22.283 Be ar 312014 8/9/2011 8 9 2021 Portion Keith & an Henk & 9% |3a 926 Weir Ave. of 11-A-22 Karol Henk Sche«§ T 7815 22.762 Be ar 312014 8/9/2011 8 9 2021 Exhibit "B" I I HOFFMP KATHLE Deed Date: Grantor: H( Grantee: Hi AAND IR(CH, RDA -H A COYE ,-Gr0Ptee-,CNG LAND PAR DesOip'tio n," "VVA RRA-NTY Dea1.Daje.431 �.016 CNG LAIyqP 0" 0 500.. - -fi;0 2,Q00\ 3,000 -,,44,000 Feet W D I 0 f" 161. Co Deed Date: 92120120 10 Grantor: $,4NDERSALBERT W Grantb,w', SCHOTT RONALD KEITH` dS Description: UNRECORDEQ.-WILL A/ Deed Date, 1211412014"" Grantor: SCHOTT'R`6NALD KEITH Grantee: SCHOTT RONALD KEITH & SUZANNE L SCHOTT Desclnptiarr*.,GIFT DEED 13 -A -33 SCHOTt, RONALD K,,,, Deed Date: 121141201'0 Grantor' , Grantee: SCHOTTR6NA Descriptionl'.GIFT DEED C A NN A No Change No Change4' Subdivided Subdivided Parcel Change Change g? - � No Appraisal District Record E3Development Agreement City Limits ETJ Limits - ---------- - I 0 f" 161. Co Deed Date: 92120120 10 Grantor: $,4NDERSALBERT W Grantb,w', SCHOTT RONALD KEITH` dS Description: UNRECORDEQ.-WILL A/ Deed Date, 1211412014"" Grantor: SCHOTT'R`6NALD KEITH Grantee: SCHOTT RONALD KEITH & SUZANNE L SCHOTT Desclnptiarr*.,GIFT DEED 13 -A -33 SCHOTt, RONALD K,,,, Deed Date: 121141201'0 Grantor' , Grantee: SCHOTTR6NA Descriptionl'.GIFT DEED C A NN I 0 f" 161. Co Deed Date: 92120120 10 Grantor: $,4NDERSALBERT W Grantb,w', SCHOTT RONALD KEITH` dS Description: UNRECORDEQ.-WILL A/ Deed Date, 1211412014"" Grantor: SCHOTT'R`6NALD KEITH Grantee: SCHOTT RONALD KEITH & SUZANNE L SCHOTT Desclnptiarr*.,GIFT DEED 13 -A -33 SCHOTt, RONALD K,,,, Deed Date: 121141201'0 Grantor' , Grantee: SCHOTTR6NA Descriptionl'.GIFT DEED C No Change No Change Subdivided Subdivided Parcel November 2020 Change Change CHA41D T,C R"" �\O No Appraisal District Record Development Agreement City Limits ETJ Limits Exhibit "B" Page 2 1,000 1,500 2 Feet No Change No Change LExhilbit IB" Page 3 Subdivided Subdivided Parcel April 2021 ' Change Change.. OD t t , No Appraisal ri District Record ` ` Development Agreement`` City Limits ETJ Limits, r No Change No Change August 2021 Subdivided Subdivided Parcel SIN", Change Change No Appraisal District Record Development Agreement City Limits ETJ Limits No Change No Change Subdivided Subdivided Parcel Change Change d 1,jij No Appraisal District Record Development Agreement City Limits ETJ Limits EVELYN & ETAL,- G,rant.,K A =EVELYN E Gra n ' R I ,EVELYN C Description: SPECIAL WAZA Deed Date: 04/03/201,3'` Grantor. KRUEGk0`EVELYN E Grantee: MARTIN RUTH E Description: TRUSTEES DEED ""/ 11-A-22 11-A-22 WEIR, NELL ROSE No Change" Exhibit "B" Page 6 ST& ET AL DEED ,111'11 11-A-22 SMITH, CHRISI 'Y" V & BOURLAN6 WILLIAM Deed Date., 0512412012 Grantor. SMITH CHRISTY V &A36LIRLAND Grantee: PENSHORN MARKA & CATHERINE Description: GENERALWARRANTY DEED PENSHPA,MARK A&,-CATHERINE K No Change 11-A-22 PENSHORN, MARK ACE No Change 11-A-22 SCOTT, ROGER E LIVING, TRUST No Change,/ August 2021 11-A-22 ,• LANOUE, �4�ES & ANbREA 11 -0-22 EVCLYIV�E 11 Deed Date: 03121, 17 ' 1 Ira r:,KhUEGE14, MELVIN ALVIN S�r ez nP ee. R� UNDUS AAUL D & MAR) E L,4R-- ecription: GENERAL WARRAIVT E LIM ANA Deed Datc: 0312112017 Grantor- KRUEGER MELVIN A LAV Grantm RUNDUS PAUL D & MARI Description: SUBDIVIDED 11" EVELYN & ETAL,- G,rant.,K A =EVELYN E Gra n ' R I ,EVELYN C Description: SPECIAL WAZA Deed Date: 04/03/201,3'` Grantor. KRUEGk0`EVELYN E Grantee: MARTIN RUTH E Description: TRUSTEES DEED ""/ 11-A-22 11-A-22 WEIR, NELL ROSE No Change" Exhibit "B" Page 6 ST& ET AL DEED ,111'11 11-A-22 SMITH, CHRISI 'Y" V & BOURLAN6 WILLIAM Deed Date., 0512412012 Grantor. SMITH CHRISTY V &A36LIRLAND Grantee: PENSHORN MARKA & CATHERINE Description: GENERALWARRANTY DEED PENSHPA,MARK A&,-CATHERINE K No Change 11-A-22 PENSHORN, MARK ACE No Change 11-A-22 SCOTT, ROGER E LIVING, TRUST No Change,/ August 2021 11-A-22 ,• LANOUE, �4�ES & ANbREA 1: 111 XTA B1 This DEVELOPMENT AGREEMENT EXTENSION ("Extension"), dated � 2021 ("Effective Date"), made by and between the CITY OF SCHERTZ, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City and rProverty Owners Name] ("Landowner"), collectively ("Parties"); County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, the Parties entered into a Development Agreement that both agree satisfies t1" requirements of Texas Local Government Code Sections 43.016 and 212.172 and as attach hereto as Exhibit B; and I scheduled council meeting subject to the Open Meetings Act in compliance with the 71aws of t State of Texas and the ordinances and Charter of the City of Schertz on City of Schertz Page I of 5 TLGC §43.016 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the Parties hereto agree as follows: I am It; EMMMUM, M-I WITERMUM-na IT LUMIS anu COIIU11LIOIIS 01 Ule vrigilial XVIT U1010111CUL I-i& 1 • IIVII•'W• 1101CIII NUU11 0111UP, effect for the duration of the Extension. Section 1. City Covenants remains and is amended by adding the following: The Parties agree that with respect to municipal services, Exhibit C shall constitute a negotiated written agreement regarding services for purposes of voluntary annexation pursuant to the Agreement, and as required by Local Government Code Section 43.0672 Section 2. Landowner Covenants remains and is amended as follows: references to Local Government Code Section 43.035(b)(1)(B) shall be Local Government Code Section J�3.016,14YXa�, as Redesignated b�-LAaOQJZ, 85 IhLeg. I'tC.S. ch.6,fS.B Section 9 effective Itec. 1, 2017. Section 4. Eminent Domain remains unchanged Section 5. Term- Annexation at End of Tenn remains and is amended as follows: 2 — (a) The to of this Extension is the earliest to occur of (i) January 1, 2024, (ii) [unchanged] (iii) [unchanged] (iv) [unchanged] (b) [unchanged] (c) [add] The City shall conclude any Annexation proceedings commenced under the terms statutory timeline. Section 6. Initial Zoning Upon Annexation is amended as follows: Upon annexation the property shall be zoned in accordance with the uses and procedures set forth in the City's Comprehensive Land Plan and Unified Development Code. 1 t 113 - - -1- -11 111 Section 8. Recordation remains unchanged Section 9. Sus eqcent Chan le in Law remains unchanged w,ection 10. Survival remains unchang-,7 119 Section 11. N�i •ed Section 13. ARprovals or Consents remains unchanged Section 14. Addresses and Notices is amended as follows: If to the Landowner: Property Owners Name Property Owners Mailing Address Section 15. Severabiljty remains unchanged iection 17. Cooperation remains unchanged Section 18. Governing Law remains unchanged City of Schertz Page 3 of 5 TLGC §43.016 Development Agreement IN WITNESS WHEREOF, by the Parties hereto have executed this Extension by duly authorized representatives, all as of the Effective Date first above written. MR CITY OF SC HERTZ, a Texas municipal corporation By: Name: Mark Browne City Manager Date: THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me • the day • --- 2021 by Mark Browne, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf • said City. Notary Public in and for The State of Texas City of Schertz Page 4 of 5 TLGC §43.016 Development Agreement v By: _ Name: Date: THE STATE OF TEXAS § COUNTY OF § My Commission Expires:_ City of Schertz Agenda No. 3. ei IRIUM City Council February 9, 2021 Meeting: Department: City Secretary Subject: Boards, Commissions and Committee Member Resignations - Consideration and /or action approving the resignations of Mr. Will Soto and Ms. Debbie Krause from the Historical Preservation Committee. (M. Browne /B. Dennis) The City Secretary's office has received resignations from Mr. Will Soto and Ms. Debbie Krause. Council to approve their resignations. Agenda No. 4. ei Olum City Council February 9, 2021 Meeting: Department: Emergency Medical Services Subject: Resolution No. 21 -R -02 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to enter into an agreement with Affinity Family Care Clinic for Mobile Integrated Healthcare (MIH) services. (C. Kelm /J. Mabbitt) BACKGROUND Schertz Emergency Medical Services provides regional emergency medical services in a 220 square mile service area that includes the municipalities of Schertz, Cibolo, Live Oak, Marion, Santa Clara, Selma, Universal City, western Guadalupe County, Comal County ESD #6 and a small area of unincorporated Bexar County. EMS also incorporates a Mobile Integrated Healthcare (MIH) program staffed by one MIH Paramedic and a Community Health Coordinator to provide additional services to our residents. Due to the on -going pandemic, we have identified a gap in healthcare services by our local healthcare partners (physicians, physician assistants and nurse practitioners). Currently, providers are providing telemedicine to their patients, but are unable to assess or provide other services due to the patient not coming physically into the office. With our mobile services, we are able to close this gap by providing these missing needed services (obtaining blood pressures, providing patient assessments, EKGs, etc). GOAL To authorize the City Manager to enter into an agreement with Affinity Family Care Clinic for MIH services. COMMUNITY BENEFIT There is an advantage to telemedicine for our residents in that they are able to stay at home and not travel. Adding our services will add to services not being offered through telemedicine. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of the attached Resolution authorizing the City Manager to enter into an agreement with Affinity Family Care Clinic. FISCAL IMPACT The overall impact to the EMS Department is expected to be approximately $40,000 in revenue annually, which will offset Labor costs, fuel and supply costs. The EMS department already has vehicles and other non - durable equipment purchased with previous grants /services that we provide with current agreements in place. The City recommends Council approval of Resolution 21 -R -02 to authorize the City Manager to enter into an agreement with Affinity Family Care Clinic for MIH services. Attachments Agreement Resolution 21 -R -02 ' ' THE STATE OF TEXAS § GUADALUPE COUNTY § This Agreement for Mobile Integrated Healthcare ( "MIH ") Services ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Affinity Family Care Clinic ( "Clinic "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through September 30, 2023 unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) City shall provide Clinic with MIH Services in order to complete the work defined in the agreement within areas served by City for Emergency Medical Services ( "EMS ") and/or MIH Services as well as those services further described in Exhibit A. (B) Clinic shall provide City with the services and obligations described in Exhibit B (C) All work performed under the agreement shall be done 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. Section 3. Compensation (A) City shall be paid in the manner set forth in Exhibit "A ", Exhibit `B" and as provided herein. (B) Billing Period. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the Clinic's receipt of the City's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. Section 4. Insurance Before commencing work under this Agreement, Affinity Family Care shall obtain and maintain the liability insurance provided for in attached Exhibit :D throughout the term of this Agreement and thereafter as required herein. 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. CITY OF SCHERTZ PAGE, 1 Affinity Family Care Clinic Service Agreement The City shall be named as an "additional insured" except for any Professional Liability policy. Evidence of such insurance shall be attached as Exhibit "C ". Section 5. Miscellaneous Provisions (A) Subletting. Neither Party shall 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 all parties to the agreement, 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 in the subletting of any work shall not relieve the parties of any responsibility for work done by such subcontractor. (B) Compliance with Laws. Clinic shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. (C) Independent Contractor. Clinic acknowledges that it is an independent contractor of the City and is not an employee, agent, official or representative of the City. Clinic shall not represent, either expressly or through implication, that Clinic is an employee, agent, official or representative of the City. (D) Non - Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Clinic certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Clinic shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "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 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. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be CITY OF SCHERTZ PAGE 2 Affinity Family Care Clinic Service Agreement extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The parry claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. Section 6. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Clinic 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 Clinic, as consequence of the failure of Clinic to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Clinic. Section 7. Indemnification CLINIC AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL ) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CLINIC EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 8. Notices Any notice required or desired to be given from one parry to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) CITY OF SCHERTZ. PAGE 3 Affinity Family Care Clinic Service Agreement delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. 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 10. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver Either City or the Clinic shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. 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 13. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts CITY OF SCHERTZ PAGE 4 Affinity Family Care Clinic Service Agreement This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 17. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 18. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 19. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 20. Right To Audit City shall have the right to examine and audit the books and records of Clinic with regards to the work described in Exhibit A, Exhibit B, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of. (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 21. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied parry, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 22. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Clinic represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 1.76 of the Texas Local Government Code. CITY OF SCHERTZ PAGE 5 Affinity Family Care Clinic Service Agreement Certificate of Interested Parties Effective January 1, 2016, . pursuant to House Bill 1.295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Clinic is 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, Mips:{/ www.ethics,stateAtx.us /whatsnew /elf info_form1295.htm and httosn / /www. ethics .state.tx.us /tec /I295- Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A :PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. Section 23. HIPAA (A)It is the intent of the parties to comply fully with the Health Insurance Portability and Accountability Act, Texas Health and Safety Code Chapter 181, and implementing regulations issued pursuant thereto (collectively "HIPAA" herein). The parties agree that confidential health information (hereinafter referred to as "Protected Health Information" or "PHI ") is subject to protection under, and it is the intent of the parties to be in full compliance with, state and federal law, including applicable provisions of HIPAA, the Health Information Technology for Economic and Clinical Health Act ( "HITECH "), its related regulations, and all applicable state privacy and security laws related to access of PHI by the parties. To the extent that the services performed herein are determined to be performing a transaction subject to HIPAA or HITECH Act, the Business Associate Agreement shall control. Contemporaneously with the execution . of this Agreement, the parties have executed a HIPAA compliant Business Associate Agreement. (B) Each party shall implement and maintain such safeguards as are necessary to ensure that the PHI is not used or disclosed except as is provided in this Agreement and any referenced documents. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 6 Affinity Family Care Clinic Service Agreement EXECUTED on this the day of 120 CITY: By: Name: Title: Dr. Mark Browne City Manager CITY: City of Schertz Attn: Dr. Mark Brown, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CITY OF SCHERTZ Affinity Family Care Clinic Service Agreement CLINIC: By: Name: Title: CLINIC: Sean Dittman, NP Family Nurse Practitioner Affinity Family Care Clinic Attn: Sean Dittman, NP 232 Brite Rd #117 Cibolo, TX 78108 PAGE 7 Exhibit A CITY OF SCHERTZ REQUIREMENTS The City agrees to provide Clinic the following services: a. City MIH personnel shall make contact with the patient as determined by Clinic. b. City shall keep patient care records for every contact and w i I I provide them to Clinic as outlined in the agreement. c. City shall provide monthly reports on utilization of the MIH Program and any other requested data as defined in the agreement. d. Patient visits will include either a basic or advanced assessment determined by Affinity Family Care as outlined below: 1. Basic Assessment Basic Assessment shall include the following services: • Vision Assessment • Breath Sounds • Heart murmurs • Blood Pressure • Pulse • Respirations • Temperature • Weight • Medication Review Basic Assessment Fee: $25.00 2. Advanced Assessment Advanced Assessment shall include those services included in the Basic Assessment as well as: • Blood Glucose • ETCO2 w/ wave form • SP02 w/ wave form • EKG • 12 lead EKG • Blood work CITY OF SCHERTZ PAGE 8 Affinity Family Care Clinic Service Agreement • Medication administration (no additional charge if provided by Affinity Family Care Advanced Assessment Fee: $35.00 e. All other services provided will be billed in accordance with CITY OF SCHERTZ EMS Rates. f. City shall create and provide access to Clinic a Sharepoint site for the express purpose of exchanging patient records, schedules, and any other material needed to provide the services outlined in the Agreement. CITY OF SCHERTZ PAGE 9 Affinity Family Care Clinic Service Agreement Appendix B. AFFINITY FAMILY CARE REQUIREMENTS The Clinic agrees to provide City the following services: a. Clinic shall schedule patient visits and provide a mutual agreed upon schedule to City. b. Clinic shall identify the type of patient visit required and notify City. c. Clinic shall provide necessary patient care records to City d. Clinic shall provide City any required testing material and/or medications needed for administration to patient. CITY OF SCHERTZ PAGE 10 Affinity Family Care Clinic Service Agreement Exhibit C REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Clinic shall comply with each and every condition contained herein. The Clinic 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 Clinic shall maintain insurance coverage equal to that required of the Clinic. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Clinic may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Clinic 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 Clinic insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 781.54 CITY OF SCHERT7. Affinity Family Care Clinic Service Agreement emailed to: purchasin�(r�schertz.co Faxed to: 210 -619 -1169 PAGE I I CITY OF SCHERTZ PAGE 12 Affinity Family Care Clinic Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) 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. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Clinic Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional. Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (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. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 13 Affinity Family Care Clinic Service Agreement Exhibit D EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 14 Affinity Family Care Clinic Service Agreement RESOLUTION NO. 21 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MOBILE INTEGRATED HEALTHCARE (MIH) AGREEMENT WITH AFFINITY FAMILY CARE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Schertz Emergency Medical Services provides regional emergency medical services in a 220 square mile service area that includes the municipalities of Schertz, Cibolo, Live Oak, Marion, Santa Clara, Selma, Universal City, western Guadalupe County, Comal County ESD #6 and a small area of unincorporated Bexar County; and WHEREAS, EMS also incorporates a Mobile Integrated Healthcare (MIH) program staffed by one MIH Paramedic and a Community Health Coordinator to provide additional services to our residents; and WHEREAS, Area healthcare providers (physicians, physician assistants and nurse practitioners) routinely use telemedicine for patient visits; and WHEREAS, our MIH program can provide services missing with telemedicine visits; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a Mobile Integrated Health ( "MIH ") agreement with Affinity Family Care Clinic relating to Mobile Integrated Health Services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Affinity Family Care pursuant to the MIH Services Agreement attached hereto as Exhibit A (the "Agreement "). 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 Agreement with Affinity Family Care 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 9th day of February, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A GIe ' 50234811.1 A -1 Agenda No. 5. ei Olum City Council February 9, 2021 Meeting: Department: City Secretary Subject: Resolution 21 -R -05 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, approving the review and recommendations addressing Staff compression concerns. (M. Browne /C. Kelm /J. Kurz) .. BACKGROUND Council directed staff during the August 2020 pre - budget retreat to review the compensation compression that exists within the City. Due to wide & overlapping pay ranges; in conjunction with the City's current merit program and a commitment in the recent Class & Comp study to maintain employee depth penetration in their respective pay range, the City continues to have compression issues between and within the Public Safety ranks. This is evidenced when employees (generally, long -term or high - performing) are making more than their supervisors. Problematic morale issues, employee dissatisfaction, low levels of engagement, and a lack of desire to promote are concerns created by compression Issues. A cross departmental team was assembled with representatives from Police, Fire, EMS, and non - Public Safety employees to review the issue, causes of the issue, and to determine potential courses of action to resolve or mitigate compression issues. Following problem definition, the committee delved deeper into framing the issue appropriately with compensation policy and practice while identifying contributing factors to the compression issues (e.g. tenure of employee; pay band width; overlap of pay bands; depth of penetration; etc.) by individual employee. In a workshop item on November 10, 2020, Staff shared preliminary findings, including a potential solution to effectively address the compression issue. Staff reviewed key decision points with Council such as creating a separate pay plan for Public Safety (and more specifically, for each department). Police, Fire and EMS all have different pay practices, scheduled hours of operations, and rank structures, which significantly drives viability of options to effectively address the issue. Additionally, in accordance with industry standards, Staff recommended narrowing pay bands to mitigate the negative impact of large overlap between ranks. With these basic tenets decided, the team considered several different types of pay models, and ultimately settled upon a time -in -rank system. Staff has finalized pay plan models by department, and thoroughly reviewed individual impacts to each Public Safety employee. Management and HR met with representatives from each department to review the proposed models and discuss specific employee impacts. Department support for the proposed models is outlined below. Schertz Police Association & Schertz Police Non - Association • Do not support the model as proposed • Outstanding reservations: Reduced earning potential, employees maxing out Schertz Fire Association / Schertz Fire Non - Association / EMS Agrees it is a step in the right direction and supports the model as proposed, with the understanding there is still a need for further evaluation and discussion on this issue • Outstanding reservations: ECI keeping pace with the cost of living; Revisiting Class & Comp in the next 2 -3 years; Reduced earning potential, employees maxing out. GOAL Approve Resolution 21 -R -05, approving the review and recommendations addressing Staff compression concerns. COMMUNITY BENEFIT Addressing the compression issues will improve staff morale, leading to greater employee engagement and productivity. Additionally, implementing a separate pay plan for Public Safety will be an effective recruitment and retention tool for future hires. SUMMARY OF RECOMMENDED ACTION Approve Resolution 21 -R -05, approving the review and recommendations addressing Staff compression concerns. FISCAL IMPACT Implementation of these models will be funded by reallocating dollars previously approved to implement the 2020 Class & Comp study, as well as, additional monies approved by Council in FY 20 -21 budget. Implementation will be accelerated with the first adjustment in February 2021 and the final phase of implementation occurring in October 2021. The proposed pay plans by department are attached. RECOMMENDATION Approve Resolution 21 -R -05, approving the review and recommendations addressing Staff compression concerns. Attachments Resolution 21 -R -05 Public Safety Pay Models RESOLUTION NO. 21 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE REVIEW AND RECOMMENDATIONS ADDRESSING STAFF COMPRESSION CONCERNS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has identified that compression issues exist within Public Safety Departments; and WHEREAS, creating separate pay plans for Police, Fire and EMS will address the compression issue. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves Resolution 21 -R -05 approving the review and recommendations addressing Staff compression concerns. 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 91h day of February, 2021. momeammum-mms Mayor, Ralph Gutierrez ATTEST: City Secretary, Brenda Dennis (CITY SEAL) lnffial Proposal Praise Officer —$2K 51. Initial Proposal Raise FF —,2K Shaw F F Max in Current Pay Band rafte r C&Q EMS Raise Paramedic —$2K EMS DEPARTMENT r Years in grade FF Years in grade FAO 0-1 Step 1 $50,383.00 0-1 Step' 1 $58,904.94 1+ $50,383.00 1+ $58,904.94 2+ Step 2 $52,020.45 2+ Step 2 $60,819.35 3+ $52,020.45 3+ $60,819.35 4+ Step 3 $53,711.11 4+ Step 3 $62,795.98 5+ $53,711.11 5+ $62,795.98 6 +' Step 4 $55,456.72 6+ Step 4 $64,836.85 7+ $55,456.72 7+ $64,836.85 8+ $55,456.72 8+ $64,836.85 9+ Step 5 $57,259.07 9+ Step; 5 $66,944.04 10 + $57,259.07 10+ $66,944.04 11+ $57,259.07 11+ $66,944.04 12 +' Step 6 $59,119.99 12+ Step 6 $69,119.72 13+ $59,119.99 13+ $69,119.72 14+ $59,119.99 14+ $69,119.72 15+ Step 7 $61,041.39 15+ Step, 7 $71,366.12 POLICE DEPARTMENT 1 , Years in grade Officer Years in grade Corporal 0-1 Step 1 $52,903.00 0-1 Step 1 $61,851.18' 1+ $52,903.00 1+ $61,851.18 2+ Step 2 $54,622.35 2+ Step 2 $63,861.34! 3+ $54,622.35 3+ $63,861.34 4+ Step 3 $56,397.57 4+ Step 3 $65,936.83 5+ $56,397.57 5+ $65,936.83 6+ Step 4 $58,230.49 6+ Step 4 $68,079.78 7+ $58,230.49 7+ $68,079.78 8+ $58,230.49 8+ $68,079.78' 9+ Step 5 $60,122.99 9+ ' Step 5 $70,292.37 10+ $60,122.99 10+ $70,292.37 11+ $60,122.99 11+ $70,292.37 12+ Step 6 $62,076.98 12+ ; Step 6 $72,576.88 13+ $62,076.98 13+ $72,576.88 14+ $62,076.98 14+ $72,576.88' 15+ Step 7 $64,094.49 15+ ' Step 7 $74,935.63' Agenda No. 6. ei Olum City Council February 9, 2021 Meeting: Department: City Secretary Subject: Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long /S. Hall) r -....................................... I ��SI ,- TII0017 Staff will provide Council with an update regarding the COVID -19 Virus. Discussion will include the recent Executive Order 29 relating to the use of face coverings. Attachments Revised 20 -H -18 i F ♦'f 1 i � • l . t WHEREAS, Texas must continue to protect lives while restoring livelihoods, both of which can be achieved with the expert advice of medical professionals and business leaders 2.nd the continued gradual reopening of Texas pursuant to GA- 18- GA-23 and subsequent *rders of the Governor; and WHEREAS, pursuant to the Texas Disaster Act of 1975, the Mayor is designated as ths Emergency Management Director of the City of Schertz, and may exercise the powers granted by the governor on an appropriate local scale; and TIN r4o , 2, r4 1 11 W W- 111 IWIM, and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be impacted by COVID-1 9; I P NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The recitals contained in the preamble hereof are hereby found to be true, and su-"- recitals are hereby made a part of this Ordinance for all purposes and are adopt as a part of the judgment and findings of the City Council. I Section 3. Pursuant to §418.108(c) of the Government Code, this declaration of a local staim of disaster and public health emergency shall be given prompt and general publici and shall be filed promptly with the City Secretary. I ection 4. Pursuant to §418.108(d) of the Government Code, this declaration of a local stat(4:. of disaster and public health emergency activates the City of Schertz, Texas, emergency management plan. Section 5. All ordinances 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 herein except those portions deemed to conflict with any emergency orders of Governor Abbott. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of tm- State • Texas and the United States of America. I Section 7. If any provision of this Ordinance or the application thereof to any person ATI circumstance shall be held to be invalid, the remainder of this Ordinance and application of such provision to other persons and circumstances shall neverthelle be valid, and the City Council hereby declares that this Ordinance would have be enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which thi-- Ordinance is adopted was open to the public and public notice • 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 55 1, Texas Government Code, as amended. Section 9. Should Governor Abbott lift the statewide disaster declaration and orders now place prior to the date of expiration stated herein, this ordinance shall no longer I subject to enforcement by the City and shall be repealed by the City Council at t first legally posted meeting thereafter. Section 10. Any peace officer or other person with lawful authority is further authorized to enforce the provisions of this Ordinance or the orders of the Governor in accordance with the authority granted under the Texas Disaster Act of 1975, as applicable, which allows a fine not to exceed $1000.00 and confinement not tit, exceed 180 days pursuant to Government Code 418.173. Section 11. This Ordinance shall be in force and effect from its first and final passage, and publication required by law. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS THIS ORDINANCE WAS PASSED, ON FIRST AND FINAL READING, THE 23rd DAY OF JUNE 2020. ,,.,,--ATT'rzST: -TB31111"W-nuda Dennis, City Secretary