02-26-2013 Agenda with BackupSCHERTZ CITY COUNCIL
REGULAR SESSION
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
02-26-2013 Council Agenda
AGENDA
TUESDAY FEBRUARY 26, 2013 AT 6:00 P.M.
The City Council may, for its convenience or for the convenience of City Staff or persons in
attendance, modify the order in which items on the agenda are considered by the City
Council.
Call to Order – Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Rev. Gerry Goodridge, Bracken United Methodist)
A. Oath of Office – Oath of office administered to newly appointed Councilmember
Sydney H. Verinder, City Council Place 5. (City Secretary, Brenda Dennis to
administer Oath)
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
02-26-2013 City Council Agenda Page - 2 -
The Consent Agenda is considered to be 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 by the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Special Pre-Budget Workshop meeting of February 15, 2013, and the Regular
Meeting of February 19, 2013. (J. Kessel/B. Dennis)
2. Resolution No. 13-R-08 – Consideration and/or action approving a Resolution
authorizing an advertising and graphic design services agreement with Souzamaphone
Marketing, LLC, and other matters in connection therewith. (D. Harris/L. Erwin)
3. Ordinance No. 13-T-05 – Consideration and/or action approving an Ordinance
authorizing a Budget Adjustment to fund Playscape Electrical and Security
Improvements; repealing all Ordinances or parts of Ordnances in conflict with the
Ordinance; and providing an effective date. Final Reading (B. James/G. Logan)
4. Ordinance No. 13-T-06 – Consideration and/or action approving an Ordinance
authorizing a budget adjustment to provide matching funds for a CDBG Grant to
achieve ADA barrier removal at Crescent Bend Nature Park, Pickrell Park, Ashley
Park, Woodland Oaks Park, and Lone Oak Park; repealing all Ordinances or parts of
Ordinances in conflict with the Ordinance; and providing an effective date. Final
Reading (D. Harris/G. Logan)
5. Appointment to the Randolph Joint Land Use Study (JLUS) Executive and
Advisory Committees - Consideration and/or action approving a Resolution
appointing members of the City Council to serve on the Randolph Joint Land Use
Study (JLUS) Committees. (B. James/B. James)
6. Resolution No. 13-R-14 – Consideration and/or action approving a Resolution
authorizing an Interlocal Agreement with Guadalupe Regional Medical Center, and
other matters in connection therewith. (J. Bierschwale/S. Dyal)
Roll Call Vote Confirmation
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters,
policies, duties, employment, and evaluation of certain public officials and employees;
02-26-2013 City Council Agenda Page - 3 -
Section 551.074 Texas Government Code – Deliberation regarding personnel matters
and the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Manager and City Secretary.
Section 551.087 Texas Government Code – Deliberation regarding Economic
Development Negotiations.
Reconvene into Regular Session
7. Take any action deemed necessary as a result of the Executive Session.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
11. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
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 22nd DAY OF FEBRUARY 2013 AT
2:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL
TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER
551, TEXAS GOVERNMENT CODE.
Brenda Dennis
Brenda Dennis CPM, TRMC, MMC, City Secretary
02-26-2013 City Council Agenda Page - 4 -
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 _______________, 2013.
____________________________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 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
TIRZ II Board
Hal Baldwin Scholarship Committee
Audit Committee
Investment Advisory Committee
Councilmember Edwards – Place 4
Investment Advisory Committee
Audit Committee
Hal Baldwin Scholarship Committee
Councilmember Fowler – Place 1
Interview Board for Boards and Commissions
Schertz Housing Board Liaison
Councilmember Scagliola – Place 2
Animal Control Advisory Committee
Interview Board for Boards and Commissions
Sweetheart Advisory Committee
Cibolo Valley Local Government Corporation
Councilmember Antuna - Place 3
Audit Committee
ASA Commuter Rail District Board – Lone Star
Schertz Seguin Local Government Corporation
Councilmember – Place 5 Vacant
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: February 26, 2013
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a workshop on February 15, 2013, and a regular meeting on February
19th, 2013.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the workshop of February 15, 2013, and the
minutes of the regular meeting on February 19, 2013.
ATTACHMENT
Minutes –Workshop meeting February 15, 2013, Regular meeting February 19, 2013
02-15-2013 Minutes
MINUTES
BUDGET WORKSHOP RETREAT MEETING
February 15, 2013
A Special Pre-Budget Workshop meeting was held by the Schertz City Council of the City of
Schertz, Texas, on February 15, 2013, at 12:00 p.m., at the Northeast Lakeview College Library,
Room 200. The following members present to-wit:
Mayor Michael Carpenter Mayor Pro-Tem Cedric Edwards
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember George Antuna
Staff Present: City Manager John Kessel
Executive Director Brian James Chief of Staff Bob Cantu
Members of the public present:
Mr. Robert Brockman
Call to Order (General Comments
Mayor Carpenter called the pre-budget workshop to order at 12:10 p.m. with Mayor Carpenter,
Councilmembers David Scagliola, Jim Fowler, and George Antuna, Jr., present.
Welcome/Overview
• Presentation and discussion regarding the FY 2013-14 pre-budget strategic planning
(J. Kessel/Management Staff)
City Manager John Kessel led the pre-budget discussion.
At 1:05 p.m., a quorum was lost when Councilmember Antuna had to leave.
At 1:15 p.m., a quorum was regained when Mayor Pro-Tem Edwards arrived.
Mr. Kessel continued the pre-budget discussion with Council.
ADJOURNMENT
After discussion was concluded, the pre-budget workshop was adjourned the 4:36 p.m.
___________________________________
Mayor, Michael R. Carpenter
ATTEST:
___________________________
City Secretary, Brenda Dennis
2-19-2013 Minutes
MINUTES REGULAR MEETING
February 19, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February
19, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael R. Carpenter Mayor Pro-Tem Cedric Edwards
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember George Antuna, Jr. was absent.
Staff Present: City Manager John C. Kessel
Executive Director Brian James City Attorney Michael Spain
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Carpenter called the Regular Meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Reverend Robin Thompson of Life Bridge Christian Church gave the invocation followed by the
Pledges of Allegiance to the Flags of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director Brian James who announced the following
upcoming events:
o Friday, February 22, 2013, Budget Workshop, Schertz Civic Center at noon
o Saturday, March 2, 2013, 5th Annual Wilenchik Walk of Life
o March 2 through March 17, 2013, Schertz Annual Spring Clean Up
o Saturday, March 23, 2013, Plant and Play Day, Schertz Playscape
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who thanked the Public Affairs
department, particularly Linda Ervin, Chuck McCollough, and Erin Matlock for assistance
with the “State of the City Address” provided today at the Schertz Chamber of Commerce
luncheon.
Mr. Kessel also read a brief note from a citizen who was recently traveling to Six-Flags
Arlington, where they saw the “Schertz Dine & Doze” publication published by the Public
Affairs Department.
Mr. Kessel thanked Chris Matzenbacher, Public Affairs Account Manager.
Presentations
2-19-2013 Minutes
• Guadalupe Regional Medical Center – Prescription Assistance Program update (J.
Bierschwale/J. Riggs)
Mayor Carpenter recognized Mr. Jerry Riggs with the Guadalupe Regional Medical Center
who provided the bi-annual report regarding the Prescription Assistance Program.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may be
requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in
the order they have registered.
Mayor Carpenter recognized Mrs. Maggie Titterington, Chamber of Commerce President who
provided an update on the Chamber events.
Consent Agenda Items
The Consent Agenda is considered to be 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 by the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of February 12, 2013. (J. Kessel/B. Dennis)
2. Resolution No. 13-R-12 – Consideration and/or action approving a Resolution authorizing the
pursuit of a CDBG Matching Grant to fund readily achievable (ADA) barrier removal at
Crescent Bend Nature Park, Pickrell Park, Ashley Park, Woodland Oaks Park, and Lone Oak
Park. (D. Harris/G. Logan)
The following was read into record:
RESOLUTION NO. 13-R-12
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE PURSUIT OF A CDBG GRANT TO FUND READILY
ACHIEVABLE (ADA) BARRIER REMOVAL AT CRESCENT BEND NATURE PARK,
PICKRELL PARK, ASHLEY PARK, WOODLAND OAKS PARK, AND LONE OAK
PARK.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tem
Edwards to approve the consent agenda items 1 and 2. The vote was unanimous with Mayor
2-19-2013 Minutes
Pro-Tem Edwards, Councilmembers Fowler and Scagliola voting yes and no one voting no.
Motion carried.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 6:22 p.m.
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale,
lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees; including possible
appointment to fill vacancy in Councilmember Place 5 position.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 6:58 p.m.
5. Possible consideration and/or action appointing Councilmember Place 5 to fill the vacancy in
that Council position. (Mayor & Council)
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to appoint Mr. Sydney H. Verinder to fill the vacancy of City Council
Place 5. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler
and Scagliola voting yes and no one voting no. Motion carried.
Mayor and Council expressed their congratulations to Mr. Verinder and thanked all the
candidates who expressed their interest in serving on the Council.
Discussion and/or Action Items
3. Ordinance No. 13-T-05 – Consideration and/or action approving an Ordinance authorizing a
budget adjustment to fund the Playscape electrical and security improvements; repealing all
Ordinances or parts of Ordinances in conflict with the Ordinance; and providing an effective
date. First Reading (B. James/G. Logan)
The following was read into record:
ORDINANCE NO. 13-T-05
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO FUND PLAYSCAPE ELECTRICAL
AND SECURITY IMPROVEMENTS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized Parks Manager Chuck Van Zandt who introduced this item stating
2-19-2013 Minutes
action requested of Council is to approve transferring $65,000 from the Parkland Dedication
Fund 317 to Special Capital Fund 401, New Playscape Project. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 13-T-05 first reading. The vote was
unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler and Scagliola voting
yes and no one voting no. Motion carried.
Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated that he had just received word that
Mrs. Barbara Baldwin passed away this evening.
4. Ordinance No. 13-T-06 – Consideration and/or action approving an Ordinance authorizing a
budget adjustment to provide matching funds for a CDBG Grant to achieve ADA barrier removal
at Crescent Bend Nature Park, Pickrell Park, Ashley Park, Woodland Oaks Park, and Lone Oak
Park; repealing all Ordinances or parts of Ordinances in conflict with the Ordinance; and
providing an effective date. First Reading (D. Harris/G. Logan)
The following was read into record:
ORDINANCE NO. 13-T-06
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO PROVIDE MATCHING FUNDS FOR
A CDBG GRANT TO ACHIEVE ADA BARRIER REMOVAL AT CRESCENT BEND
NATURE PARK, PICKRELL PARK, ASHLEY PARK, WOODLAND OAKS PARK,
AND LONE OAK PARK; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized Parks Manager Chuck Van Zandt who introduced this item stating
action requested of Council is to approve the ordinance to transferring $61,884 from Parkland
Dedication Fund reserves to the Capital Project Fund to provide the City’s match for the
CDBG application for ADA barrier removal at five parks in the City. Staff recommends
approval.
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 13-T-06 first reading. The vote was
unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler and Scagliola voting
yes and no one voting no. Motion carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items
1, 2, 3, 4, and 5.
Executive Session
6. Take any other action deemed necessary as a result of the Executive Session.
No further action taken.
Requests and Announcements
2-19-2013 Minutes
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
No items requested.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor and Council provided brief comments regarding the loss of Mrs. Baldwin and send
their prayers to her family.
Adjournment
As there was no further business, the meeting was adjourned at 7:12 p.m.
___________________________________
Mayor, Michael R. Carpenter
ATTEST:
___________________________________________
City Secretary, Brenda Dennis
50077367.2
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: February 26, 2013
Department: Public Affairs
Subject: Resolution No. 13-R-08 - Graphic
Design Services Contract
BACKGROUND
Alexis Sousa, d/b/a Sousamaphone Marketing, LLC, has been providing Graphic Design
Services to the Public Affairs Department and other City Departments since 2008. The
firm’s primary services are to design the City’s 52-page Schertz Magazine. The firm also
provides the following graphic design services for the Public Affairs Department to ensure a
continuity of design across multiple platforms:
• Parkway banners,
• schertz.com and schertzmagazine.com web sites,
• A to Z guide,
• Dine and Doze brochure,
• the City’s billboard,
• festival and event marketing material, and
• QR Code program
Additionally, the firm has provided design services to other City departments including
Planning, EMS, and Economic Development for programs including the North, South, and
Downtown Charettes, EMS passport program, and Bond projects.
Since the initial contract this firm, many of the items designed for the City have earned state,
national and international awards from the Texas Association of Municipal Information
Officers and International Academy of the Visual Arts (Communicator Awards) in 2010 for
the July 2008 cover of Schertz Magazine, 2008 Festival of Angels billboard, Artz ’09 poster
advertisements, the Artz ’09 exhibit, and the schertz.com website in 2012.
50077367.2
Schertz Magazine represents approximately 86 percent, or $108,234, of the City’s estimated
annual requirements for graphic design services charged to Sousamaphone Marketing, LLC.
Other departments utilize the balance, approximately 14 percent, or an estimated $18,000, of
the annual estimated costs of this vendor. Total annual requirements for graphic design
services are $126,234.
If approved, this new seven month contract (March 1 through September 30, 2013) with
Sousamaphone Marketing, LLC, for design services for the City will include the following:
• Design of a 52-page monthly Schertz Magazine at its current rate at $8,352.56 per
month (or $58,470 for this seven month contract) with an additional page cost of
$150 per page,
• Other graphic design services at a rate of $120 per hour,
• Marketing consulting services at a rate of $45 per hour, and
• A 45-day opt-out period for either party.
As part of the FY 2013-14 budget preparations, staff is conducting a review of Schertz
Magazine operations with a final recommendation to be provided as part of the budget
submission.
The City Attorney determined in May 2010 that the graphic design services falls within the
definition of personal services exception under Local Government Code, Chapter 252, and is
exempt from the competitive bidding requirements.
Goal
Provide continuity of design and layout structure for Schertz Magazine and other
graphic design products of the City.
Community Benefit
Provide continuity of design services for City projects, events, and publications
including Schertz Magazine which keeps our residents informed about community
events and civic news.
Summary of Recommended Action
Recommend approval of a new contract with Sousamaphone Marketing, LLC,
beginning March 1, 2013 and ending September 30, 2013 in the estimated amount
of $73,637 not to exceed $81,000 across all departments. These services are
budgeted in the FY 2012-13 adopted annual budget.
FISCAL IMPACT
50077367.2
FY 2010-11
Actual
FY 2011-12
Actual
FY 2012-13
Estimate
7- month
Estimate
Magazine 100,234 100,234 100,234 58,470
Other Magazine Cost 5,776 10,071 8,000 4,667
Other Departments 21,146 15,039 18,000 10,500
TOTAL 127,155 125,344 126,234 73,637
Not to Exceed 81,000
Graphic design services are funded across many funds and departments including the General
Fund, EMS, EDC, and Capital Improvement Projects Funds. However approximately 86
percent of these costs are contained in the Public Affairs Department’s Schertz Tales budget
RECOMMENDATION
Staff recommends approval.
ATTACHMENT(S)
Resolution No. 13-R-08
Contract (pdf)
RESOLUTION NO. 13-R-08
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN ADVERTISING AND GRAPHIC
DESIGN SERVICES AGREEMENT WITH SOUZAMAPHONE
MARKETING, LLC, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City
requires an advertising and graphic design services agreement relating to the graphic design of
the Schertz Magazine and other City design services; and
WHEREAS, City staff has determined that Souzamaphone Marketing, LLC is uniquely
qualified to provide such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(16) of the Texas Local Government Code,
the City is not required to seek bids or proposals with respect to a procurement for advertising
(other than legal notices); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Souzamaphone Marketing, LLC pursuant to the Contract Between City of Schertz,
Texas and Souzamaphone Marketing, LLC attached hereto as Exhibit A (the “Agreement”).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Souzamaphone Marketing, LLC in substantially the form set forth on
Exhibit A with a not to exceed contract amount of $81,000 over the term of the agreement,
March 1, 2013 and September 30, 2013
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
50597838.1
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 26th day of February, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
50597838.1 A-1
EXHIBIT A
CONTRACT BETWEEN CITY OF SCHERTZ, TEXAS AND SOUZAMAPHONE
MARKETING, LLC
APRIL 2009
VOL.26.ISSUE 4
_____________________________________ ______________________________________
Alexis Souza, Managing Member John Kessel, City Manager
Souzamaphone Marketing, LLC City of Schertz
Date: _________________________________ Date: _________________________________
Contract BETWEEN City of Schertz, Texas and Souzamaphone Marketing, LLC Schertz Magazine Design & Art Direction
02/01/13
This Contract Between City of Schertz, Texas and Souzamaphone Marketing, LLC (the “Agreement”) is entered into
between the City of Schertz, Texas (“City”) and Souzamaphone Marketing, LLC (“Souzamaphone”) to be effective as of
the date on which the last Party signs this Agreement (the “Effective Date”). The City and Souzamaphone are collectively
referred to herein as the “Parties” and are each a “Party”.
SCHERTZ MAGAZINE SERVICES
This Agreement is for the following services:
• Monthly publication of a fifty-two (52) page, full color mag-
azine (“Schertz Magazine”).
• Souzamaphone shall be responsible for each month-
ly publication of the Schertz Magazine, creation of a
cus¬tom cover, layout of the Schertz Magazine, Advertis-
ing Design, proofing, and any interface with the printer of
Schertz Magazine.
• “Advertising Design” shall include the layout of
adver¬tisements provided by the City. Advertisements
are to be provided to Souzamaphone for design a mini-
mum of five (5) business days before final proof deadline.
Souzama¬phone Marketing, LLC is not responsible for
any sales or interface with advertisers.
• Total monthly cost for the Schertz Magazine shall be
$8,352.86. Any additional pages requested by the City in
excess of the fifty-two (52) page limit shall be invoiced to
the City at the rate of $150.00 per page. All fees and ex-
penses under this Agreement shall be paid from currently
budgeted revenue.
• Schedule. The City shall set the deadline for monthly
sub¬mission of Schertz Magazine to the printer (the
“Press Deadline”). The City shall provide all materials
neces¬sary for preparation by Souzamaphone of the final
layout of each monthly issue of Schertz Magazine (the
“Final Proof”) a minimum of ten (10) business days before
the Press Deadline. Souzamaphone shall provide the Fi-
nal Proof to the City for its approval a minimum of three
(3) business days before the Press Deadline. Any revi-
sions, changes, or modifications to the Final Proof by the
City must be submitted to Souzamaphone a minimum of
twen¬ty-four (24) hours before the Press Deadline (“Fi-
nal Proof Approval”). Souzamaphone is not responsible
for delivery deadlines missed due to changes made by
the City less than twenty-four (24) hours before the Press
Deadline, or delays caused by the printer after submis-
sion to the printer by the Press Deadline.
• Souzamaphone is not responsible for omissions or er-
rors discovered after the Final Proof Approval. Correction
of any omissions or errors after the Final Proof Approval
re¬sulting in Schertz Magazine being pulled off the press
will be invoiced to the City at $95.00 per hour.
OTHER SERVICES
• Any graphic design/art direction/consultation/marketing ser-
vices requested beyond the parameters of this contract and
unrelated to Schertz Magazine will require a separate and a
written quote, approved by the City for requested services.
Graphic design services will be billed at $95.00 per hour.
Rush graphic design services (requiring 24 hour turn around)
will be billed at $120.00 per hour. Consultation/marketing ser-
vices will be billed at $45.00 per hour.
• All files/originals are the property of the City and will be pro-
vided by hard-drive/ftp upon request and after receipt of pay-
ment for the corresponding files. The City retains ownership of
all art unless otherwise agreed by City in writing. Hard drives
for storage of all digital property will be provided by the City.
MISCELLANEOUS PROVISIONS
• Termination. The Parties reserve the right to terminate this
Agreement, for any reason, by providing forty-five (45) days
written notice to the other Party of its intent to terminate the
Agreement. This Agreement may be amended only by written
agreement duly approved and executed by both Parties.
• Term. This Agreement shall be effective from March 1, 2013
through September 30, 2013.
• Not to Exceed. This contract between the City and Sousama-
phone shall not exceed $81,000 over the term of the agree-
ment
• Severability. If any provision of this Agreement shall be
deemed void or invalid, such provision shall be severed from
the remainder of this Agreement, which shall remain in force
and effect to the extent that it does not destroy the benefit of
the bargain.
• Governing Law; Venue. All Parties agree that this Agreement
shall be construed under the laws of the State of Texas, and
obligations under the Agreement shall be performed in Gua-
dalupe County, Texas. In the event that any legal proceeding
is brought to enforce this Agreement or any provision hereof,
the same shall be brought in the State District Court of Gua-
dalupe County, Texas. The Parties agree to submit to the ju-
risdiction of said court.
• The Parties hereto have executed this Agreement as of the
dates set forth below to be effective as of the Effective Date.
Agenda No.3
CITY COUNCIL MEMORANDUM
City Council Meeting: February 26, 2013
Department: Parks, Recreation and
Community Services
Subject: Ordinance No. 13-T-05 -
Budget Transfer of funds for Playscape
Electrical and Security Improvements (Final
Reading)
BACKGROUND
The City is in the final stages of completing the installation of all of the amenities at the new
Playscape. The items that are pending include the reuse/relocation of the four (4) light poles
and fixtures from the original Playscape and the placement of new conduits and the
installation of security cameras on site. These items were not covered in the original
construction contract. Staff is proposing to use additional Park Land Dedication funds to pay
for these additional amenities. The total funding transfer request is in the amount of $65,000:
$29,000 to cover the cost of the reuse/relocation of the existing light poles and fixtures;
$4,000 to cover the cost of new security system conduits; approximately $30,000 for security
cameras and associated equipment; and, $2,000 to cover any unforeseen contingencies. In
order to transfer funds from the Park Land Dedication fund to the project’s construction fund,
a budget amendment is necessary. Additional items that are coming out of current budgeted
Parkland Dedication Fund 317 for FY 2012-13 include the playscape monument stone,
memorial plaque (identifying original playscape picket fence contributors) and drinking
fountain.
Additionally, the need for shade structures will be evaluated over the course of the next year.
City Council approved this on first reading at their meeting of February 19, 2013.
Goal
Provide additional funding to complete portions of the new Playscape project not covered in
the original construction contract and enhance on-site security.
Community Benefit
The reuse/relocation of the original Playscape lighting will provide illumination for
equipment use after dark. Installation of new conduits in anticipation of the addition of
security cameras on site will further enhance the safety of the participants who use the
facility.
Summary of Recommended Action
Approve transferring $65,000 from the Parkland Dedication Fund 317 to Special Capital
Fund 401, New Playscape Project.
FISCAL IMPACT
This action will transfer $65,000 from the City’s Parkland Dedication Fund 317 to Capital
Fund 401, New Playscape Project. Current Parkland Dedication Fund 317 reserve balance is
$91,538 after all other current fund commitments.
RECOMMENDATION
Approve final reading of Ordinance No. 13-T-05 on first reading authorizing a budget
amendment transferring $65,000 from the City’s Parkland Dedication Fund 317 to Capital
Fund 401, New Playscape Project.
ATTACHMENT
Ordinance No. 13-T-05
ORDINANCE NO. 13-T-05
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO
FUND PLAYSCAPE ELECTRICAL AND SECURITY IMPROVEMENTS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 12-T-25, the City of Schertz (the “City”) adopted the
budget for the City for the fiscal year 2012-2013 (the “Budget), which provides funding for the
City’s operations throughout the 2012-2013 fiscal year; and
WHEREAS, pursuant to Resolution 12-R-53, the City has authorized construction of a
new Playscape using City funds from the Capital Project Fund 401, New Playscape Project, to
finance the construction of the Playscape; and
WHEREAS, the City needs to adjust the Budget to transfer $65,000.00 to the Capital
Project Fund 401, New Playscape Project, from the Parkland Dedication Fund 317 reserves; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve the transfer of funds from the Parkland Dedication Fund 317 to the Capital Project
Fund 401, New Playscape Project for Electrical and Security Capital Improvements for the new
Playscape; and
WHEREAS, the City Council of the City has determined that it is in the best interests of
the City to adjust the Budget and approve the transfer of funds from the Parkland Dedication
Fund 317 to the Capital Project Fund 401, New Playscape Project, for Electrical and Security
Capital Improvements for the new Playscape, as more fully set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall adjust the Budget and shall transfer $65,000 from the Parkland
Dedication Fund 317 reserves to the Capital Project Fund 401, New Playscape Project, to fund
electrical and security capital improvements for the new Playscape.
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 Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
50558021.1 - 2 -
Section 4. This Ordinance 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 Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 19th day of February, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 26th day of February,
2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: February 26, 2013
Department: City Manager & Parks, Recreation, &
Community Services
Subject: Ordinance 13-T-06- Consideration and/or
action approving an Ordinance authorizing a
budget adjustment to provide matching
funds for a CDBG Grant, if awarded, to
achieve ADA barrier removal at Crescent
Bend Nature Park, Pickrell Park, Ashley
Park, Woodland Oaks Park, and Lone Oak
Park; repealing all Ordinances or parts of
Ordinances in conflict with this Ordinance;
and providing an effective date. Final
Reading (D. Harris/G. Logan)
BACKGROUND
This item provides a budget transfer of $61,884 from the Parkland Dedication Fund reserves to
the Capital Project Fund to provide the City’s match for the CDBG application for ADA barrier
removal at five parks in the City, if the grant is awarded. This is a companion ordinance to
tonight’s resolution authorizing application and acceptance, if awarded, of the grant.
Applications are due Tuesday, February 26, 2013.
The following is a breakdown of the projects to be submitted to Bexar County CDBG.
Recommended
Ranking --> 1 2 3 4 5
Pickrell
Park
Crescent Bend
Nature Park Ashely Park Woodland Oaks Lone Oak Park TOTAL
Construction 58,731 8,550 8,400 14,000 3,500
Engineering 8,810 1,283 1,260 2,100 525
Contigencies 6,754 983 966 1,610 403
Administrative 3,715 541 531 886 221
TOTAL 78,009 11,357 11,157 18,596 4,649 123,768
CDBG 39,005 5,678 5,579 9,298 2,324 61,884
City Match 39,005 5,678 5,579 9,298 2,324 61,884
Next steps:
Finalize application for submission to Bexar County no later than Tuesday, February 26, 2013.
City Council Memorandum
Page 2
City Council approved this on first reading at their meeting of January 19, 2013.
Goal
Provide upgrades to City Parks to allow greater access for mobility-challenged visitors.
Community Benefit
Greater accessibility to City Parks for mobility-challenged visitors.
Summary of Recommended Action
Approve the attached ordinance to transfer $61,884 from Parkland Dedication Fund reserves to
the Capital Project Fund to provide the City’s match for the CDBG application for ADA barrier
removal at five parks in the City.
FISCAL IMPACT
Depending on projects awarded, a City cash match of up to $61,884 will be provided out of the
Parkland Dedication Fund. If the grant is not awarded, staff will recommend the funds be
returned to parkland dedication fund reserves.
RECOMMENDATION
Approve final reading of Ordinance 13-T-06 transferring $61,884 from Parkland Dedication
Fund reserves to the Capital Project Fund to provide the City’s match for the CDBG application
ATTACHMENT
Ordinance No. 13-T-06
ORDINANCE NO. 13-T-06
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO
PROVIDE MATCHING FUNDS FOR A CDBG GRANT TO ACHIEVE
ADA BARRIER REMOVAL AT CRESCENT BEND NATURE PARK,
PICKRELL PARK, ASHLEY PARK, WOODLAND OAKS PARK, AND
LONE OAK PARK; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 12-T-25, the City of Schertz (the “City”) adopted the
budget for the City for the fiscal year 2012-2013 (the “Budget), which provides funding for the
City’s operations throughout the 2012-2013 fiscal year; and
WHEREAS, the City needs to adjust the Budget to transfer $61,884.00 to the Capital
Project Fund 405, CDBG Matching Grant Project CA2, from the Parkland Dedication Fund 317
reserves; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve the transfer of funds from the Parkland Dedication Fund 317 to the Capital Project
Fund 405, CDBG Matching Grant Project CA2; and
WHEREAS, the City Council of the City has determined that it is in the best interests of
the City to adjust the Budget and approve the transfer of funds from the Parkland Dedication
Fund 317 to the Capital Project Fund 405, CDBG Matching Grant Project CA2, to accomplish
readily achievable (ADA) barrier removal at five (5) park locations, as more fully set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall adjust the Budget and shall transfer $61,884.00 from the
Parkland Dedication Fund 317 reserves to the Capital Project Fund 405, CDBG Matching Grant
Project CA2, to accomplish (ADA) barrier removal at Crescent Bend Nature Park, Pickrell Park,
Ashley Park, Woodland Oaks Park, and Lone Oak Park.
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 Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
50558021.1 - 2 -
Section 4. This Ordinance 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 Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the19th day of February, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 26th day of
February, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: February 26, 2013
Department: City Council
Subject: Appointment to the Randolph JLUS
Executive Committee and Advisory
Committee
BACKGROUND
On February 14, 2013, the City received information from Jabeir Malik, CGBP, JLUS Analyst
regarding appointments to the Randolph JLUS Advisory and Executive Committees.
Former Mayor Baldwin was the appointment to the Executive Committee, and Councilmember
George Antuna Jr., was the appointment to the Advisory Committee.
The City of Schertz needs to appoint a member to serve both on the Executive Committee and
the Advisory Committee.
The intent of the Randolph Joint Land Use Study (JLUS) is to provide a detailed land use
assessment for the areas around Randolph. The Randolph JLUS will focus on mission/airfield
encroachment, airspace competition, traffic management, noise, dust, frequency management,
and storm-water drainage for three separate study areas:
• Randolph
• Seguin Auxiliary Field
• Stinson Airfield
The study will also provide a current baseline of existing incompatible land uses surrounding the
installation, an assessment of regional growth trends and surrounding communities with a plan to
use in local land use planning and infrastructure decisions in the vicinity of RAFB, Seguin
Auxiliary Field, and Stinson Airfield. The study will develop recommendations based on best
practices and experience in effort to identify strategies to promote compatible land use planning
around RAFB, Seguin Auxiliary Field, and Stinson Airfield by its surrounding communities in
the future.
FISCAL IMPACT
None
RECOMMENDATION
City Council Memorandum
Page 2
Staff recommends Council appoint from its members someone to serve on the Executive
Committee as well as the Advisory Committee.
50464871.1
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: February 26, 2013
Department: City Manager
Subject: Resolution No. 13-R-14 –
GRMC Prescription Access Program
BACKGROUND
Goal
Assist City residents in need with securing necessary prescriptions
Community Benefit
Healthier citizens
Summary of Recommended Action
Since at least 2000, the City has provided $5,000 per year to Guadalupe Regional
Medical Center in Seguin to assist in the provision of prescriptions to needy
Schertz residents. The Hospital is required to provide a report to the City twice
annually to document the assistance received by Schertz residents.
FISCAL IMPACT
$5,000 each year for 5 years ($2,500 payable March 1 and September 1 of each year),
cancellable at any time.
RECOMMENDATION
Approval of Resolution No. 13-R-14
ATTACHMENT
Resolution No. 13-R-14, with Interlocal Agreement attached.
50465067.1
RESOLUTION NO. 13-R-14
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH GUADALUPE REGIONAL MEDICAL CENTER, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the
City enter into an interlocal agreement with Guadalupe Regional Medical Center relating to a
prescription access program; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Guadalupe Regional Medical Center pursuant to the Interlocal Agreement attached
hereto as Exhibit A (the “Agreement”).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Guadalupe Regional Medical Center 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.
50465067.1
PASSED AND ADOPTED, this 26th day of February, 2013.
CITY OF SCHERTZ, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
50465067.1 A-1
EXHIBIT A
INTERLOCAL AGREEMENT
50464875.2
INTERLOCAL AGREEMENT
This Interlocal Agreement, effective as of February 26, 2013 (this “Agreement”), is
between the City of Schertz, Texas, a political subdivision of the State of Texas (the “City”), and
Guadalupe Regional Medical Center, a political subdivision of the State of Texas created
pursuant to the Texas Health & Safety Code, Chapter 265, as amended (the “Hospital”).
WHEREAS, certain citizens in the City need assistance to buy prescription medication;
WHEREAS, the Hospital desires to contract with the City to provide a prescription
assistance program to qualified citizens of the City in order to preserve and protect such citizens’
health and safety;
WHEREAS, the City and the Hospital have determined to enter into this Agreement
relating to the provision of a prescription assistance program within the City and to set out the
terms, rights, duties, and responsibilities of the City and the Hospital with respect thereto;
WHEREAS, the City acknowledges that the Hospital may contract with the Guadalupe
Valley Hospital Foundation to manage the prescription assistance program within the City;
WHEREAS, the City and the Hospital have determined that the provision of a
prescription assistance program is a public purpose and within their statutory powers of
government; and
WHEREAS, the City and the Hospital are political subdivisions of the State of Texas and
are authorized to execute this Agreement pursuant to Texas Government Code Chapter 791.001,
as amended;
NOW, THEREFORE, THE CITY AND THE HOSPITAL, ACTING BY AND
THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE
AS FOLLOWS:
Section 1. Purpose. (a) The Hospital agrees that during the term of this Agreement
the Hospital shall provide prescription medications free of charge or at a low cost to citizens of
the City who qualify for assistance under the guidelines established by each drug manufacturer,
as described to the City by the Hospital.
(b) The Hospital shall observe and comply with all applicable federal, state,
county, and City laws, rules, ordinances, and regulations which in any manner affect the
provision of the services described in this Agreement.
(c) The Hospital agrees to provide a written report to the City Council of the
City on March 1, 2012 and September 1, 2012 that documents that the payments by the City
described in Section 3 have primarily benefitted citizens of the City. Due to patient privacy
considerations, reports containing specific patient information shall not be made available to the
City without the appropriate written consent of the patient or the patient’s authorized
representative. Such reports shall contain at least the information set forth on Exhibit A.
50464875.2
2
(d) The Hospital further agrees to provide the City (at the City’s request from
time to time) with the complete budget for the Hospital’s prescription drug program.
Section 2. Term and Renewal. This Agreement shall be for a term commencing with
the effective date of this Agreement through and including September 30, 2018; provided, either
party may terminate this Agreement at any time by written notice to the other party. This
Agreement may thereafter be renewed for succeeding periods upon written agreement by the
City and the Hospital.
Section 3. Consideration. In consideration of the Hospital’s provision of a
prescription assistance program to qualifying citizens of the City pursuant to this Agreement, the
City agrees to pay the Hospital $5,000 in each City fiscal year, $2,500 of which shall be paid on
or about March 1 and $2,500 of which shall be paid on or about September 1.
Section 4. Authorization. This Agreement has been duly authorized by the
governing bodies of the City and the Hospital.
Section 5. Severability. If any portion of this Agreement shall be declared illegal or
held unenforceable for any reason, the remaining portions hereof shall continue in full force and
effect.
Section 6. Amendments. This Agreement represents the complete understanding of
the City and the Hospital with respect to the matters described herein. This Agreement may not
be amended or altered without the written consent of both parties and the consent of the City.
Section 7. Governing Law. This Agreement shall be governed by the laws of the
State of Texas.
[The remainder of this page intentionally left blank.]
50464875.2
3
IN WITNESS WHEREOF, the undersigned have entered into this Interlocal Agreement,
effective as of the date first above written.
Date of Execution CITY OF SCHERTZ, TEXAS
__________ __, 2013 By
City Manager
Date of Execution GUADALUPE REGIONAL MEDICAL CENTER
__________ __, 2013 By
Administrator
50464875.2
Exhibit A
Report Information
Guadalupe Regional Medical Center
Prescription Assistance Program for Schertz Enrollees
The following data relates to the following period (check one and complete the dates)
March 1, 20__ to August 31, 20__
September 1, 20__ to February 28 (29), 20__
BENEFIT
Total number of patients served by the Program _____
Total number of Schertz resident patients served by the Program _____
Total number of prescriptions provided by the Program _____
Number of prescriptions provided to Schertz residents by the Program _____
Retail dollar value of total prescriptions provided by the Program $_________
Retail dollar value of prescriptions provided to Schertz residents by the
Program
$_________
Number of prescriptions per patient per month: _____
Average prescription retail price (3 month supply) $_________
Average annual retail prescription benefit per patient $_________
Sources of Program funds:
Schertz contribution to the Program $_________
Contributions to the Program of other cities or other governments
(insert name below)
_______________________ $_________
_______________________ $_________
_______________________ $_________
_______________________ $_________
Contributions to the Program by GRMC $_________
Payments by patients $_________
Grants received for the Program $_________
Other sources of funds (identify sources)
_______________________ $_________
_______________________ $_________
_______________________ $_________
_______________________ $_________
Total $_________