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12-16-2014 Agenda with backupMEETING AGENDA City Council CITY COUNCIL December 16, 2014 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Fowler) Presentations • Presentation and update regarding the Natatorium Project. (B. James/P. Gaudreau) City Events and Announcements • Announcements of upcoming City Events (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. 12 -16 -2014 Council Agenda Workshop • Discussion of Building Repair Projects. (B. James/P. Gaudreau) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Meeting of December 5, 2014, and the Regular Meeting of December 9, 2014. Q. Kessel /B. Dennis) 2. Ordinance No. 14 -T -49 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park Fund (317) for the Pickrell Park ADA Project in the amount of $32,405.00. (Final Reading) (B. James /K. Woodlee /C. VanZandt) 3. Resolution No. 14 -R -104 — Consideration and/or action approving a Resolution Authorizing an Interlocal Agreement with Comal County Emergency Services District No. 6. (J. Bierschwale /D. Wait) 4. Resolution No. 14 -R -106 — Consideration and/or action approving a Resolution Creating and Providing 2015 Funding to the Hal Baldwin Scholarship, and appointing members of the 2015 Hal Baldwin Scholarship Committee. (J. Kessel /B. Cantu) 5. December 23, 2014, December 30, 2014 - Cancellation of December 23, 2014 and December 30, 2014, City Council meetings. (Staff) Discussion and Action Items 6. Ordinance No. 14 -13-48 - Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax Notes, Series 2015 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase and Investment letter; complying with the letter of representations previously executed with the depository trust company; authorizing the execution of any necessary engagement agreements with the City's Financial Advisors and /or Bond Counsel; and providing an effective date. First & Final Q. Kessel/M. McLiney /A. Friedman) PH 7. Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69. 111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar 12 -16 -2014 City Council Agenda Page - 2 - County Texas, located at 7720 Trainer Hale Road. (Second Public Hearing) (B. James /L. Wood) 8. Ordinance No. 14 -5 -50 — Conduct a public hearing for consideration and/or action PH on a request to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The property is more specifically described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the intersection of FM 1518 and Lower Seguin Road. (First Reading) (B. James /B. Cox) 9. Resolution No. 14 -R -101— Consideration and/or action approving a Resolution authorizing a modification to the existing Construction Contract for the Renovation of the Existing Soccer Fields and Construction of a New Concession Building and Parking Lots and Associated Support Systems. (J. Kessel /B. James /P. Gaudreau) 10. Resolution No. 14 -R -102 — Consideration and/or action approving a Resolution authorizing a contract with M2 Federal, Inc., related to the Pickrell Park ADA Walkway Project. (B. James/K. Woodlee /C. VanZandt) 11. Resolution No. 14 -R -103- Consideration and/or action approving a Resolution Approving an Interlocal Agreement between the City of Schertz, Texas and the Schertz - Cibolo- Universal City Independent School District regarding a Roadway and Bridge. (B. James/K. Woodlee /C. VanZandt) 12. Resolution No. 14 -R -105 — Consideration and/or action approving a Resolution Authorizing a Professional Services Agreement with Wiginton Hooker Jeffry PC Architects related to the City Wide Facilities Master Plan Project. (J. Kessel /B. James) 13. Charter Review Commission Appointment — Discussion and consideration and/or action appointing a Member to the FY 2014/15 Charter Review Commission, filling the vacant position of Mr. Robin Thompson. (B. Dennis /Mayor /Council) 14. Resolution No. 14 -R -107 — Consideration and/or action approving a Resolution authorizing an Agreement with Schertz Chamber of Commerce. (J. Kessel /B. Cantu) 15. Employee Compensation — Discussion and possible action regarding the City's Employee Compensation Plan. (J. Kessel /Council) Roll Call Vote Confirmation Requests and Announcements 16. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions 12 -16 -2014 City Council Agenda Page - 3 - • New Departmental initiatives 17. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 18. Requests by Mayor and Councilmembers to City Manager and Staff for information. 19. 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 Adiournment 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 12th DAY OF DECEMBER 2014 AT 3:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevi,da Devwv.'�s renda Dennis CPM, TRMC, MMC, City Secreta 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 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed 12 -16 -2014 City Council Agenda Page - 4 - therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro -Tem John — Place 3 Lone Star Rail District Councilmember Fowler —Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 12 -16 -2014 City Council Agenda Page - 5 - CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. 2 The City Council held a special meeting on December 5, 2014, and a regular meeting was held on December 9, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the special meeting on December 5, 2014, and the minutes of December 9, 2014. ATTACHMENT Minutes — regular meeting December 5, 2014 Minutes — regular meeting December 9, 2014 MINUTES REGULAR MEETING December 9, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 9, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Pro -Tem Daryl John Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Brian James City Attorney Charles Zech Mayor Carpenter called the meeting to order at 6:01 p.m. Invocation and Pledges of Allegiance to the Flats of the United States and the State of Texas (Mayor Michael Carpenter) Mayor Carpenter provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Presentations :1 & Plisentation,-discu'ssion n and /or action regarding a Funding Agreement with Lone Star Rail. (B. James) Mayor Carpenter recognized Executive Director of Development Services Brian James who introduced Mr. Joe Black and Mr. Joe Lessard with the Lone Star Rail District. Mr. Black and Mr. Lessard provided a PowerPoint presentation covering the Local Funding approach and next steps answering questions from Council. (A Copy of the presentation can be obtained in the City Secretary's Office). City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) Mayor Carpenter recognized Executive Director of Development Services Brian James who provided the following announcements: 12 -09 -2014 Minutes Page - 1 - • Thursday, December 11, 2014, Ribbon Cutting for or Baptist M &S Imaging_16977 IH 35 North (same building as Baptist ER), 10:00 a.m. • Thursday, December 11, 2014, Northeast Partnership Meeting, Olympia Hills Golf and Conference Center, 11:30 a.m. — Please RSVP to Brenda or Donna by Wednesday, December 10, 2014. • Monday, December 15, 2014, 12 Days of Chamber Christmas Cash prize drawing party. Cibolo Coffee Haus @ 5:30 p.m. • Tuesday, December 16, Re /Max Corridor, come shop with local venders 5:30 -8:00 p.m. Refreshments, prizes, live music and Santa. �, • Tuesday, December 16, 2014, Retirement Luncheon for Glen outlaw, Assistant Fire Chief, (celebrating 25 years of service to the City) Schertz Civic Center, Bldg #5, 11:30 a.m. -1:30 p.m. • Thursday & Friday, December 25 & 26, City Offices Closed for the Christmas Holidays. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized the Police Department regarding their most recent Public Service Announcement production regarding locking your car doors during the holidays. The production utilized Lt. Mike Carey playing the Christmas Grinch; others involved included CID Corporal Ernest Spradling, Patrol Officer Hillary Halbardier, and many others. This was a first class production and our Chief of Police makes an appearance at the end. Mr. Kessel stated it had a media value of $5,000, and if we would have had to buy that same air time it would have cost between $5,000 and $15,000. This was all free; congratulations to our police department. Hearing of Residents: Mayor Carpenter recognized the following who spoke: - Ms. Phyllis Willman, Senior Center Director, 3544 Peachtree, who addressed the Council regarding the importance of the Senior Center and the need to complete the process of bids for a professional organization to take over the Senior Center. - Mr. Glen Outlaw, 3729 Forsythe Park, who spoke regarding employee compensation. - Mr. Reed Carr, President of the Northcliffe HOA, 3509 Columbia Drive, who addressed Council regarding resolution needs and code violations within their area, asking for assistance from the Police and Marshal's offices. Mayor Carpenter moved to agenda item 7. Discussion and Action Item PH 7. Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres, 12 -09 -2014 Minutes Page - 2 - located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (First Public Hearing) (B. James /L. Wood) Mayor Carpenter recognized Senor Planner Lesa Wood who introduced this item stating in 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ and started the annexation proceedings. As part of the annexation proceedings a majority of the parcels located within the released area signed delayed annexation development agreements with the City in accordance with Texas Local Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed delayed annexation development agreement with the City of Schertz. Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to the City of Schertz for a 69.111 acre tract of land. `kThe subject property is located approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at 7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo - Universal Independent School District. In accordance with Texas Local Government Code (LGC), The City Council will conduct two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. The first reading regarding of the ordinance for the petition for annexation will be considered on January 6, 2015 and final reading considered on January 13, 2015. A public hearing notice was published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. The subject property, if annexed, will be considered for zoning concurrently with the first and final reading of the Ordinance. The zoning request will encompass the same land contained within the annexation petition. The applicant has requested to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On November 19, 2014 the Planning and Zoning Commission recommended that the property In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through Interlocal Agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. Staff recommended approval. Mayor Carpenter opened the public hearing and recognized the following who spoke in favor of this item: - Mr. Clint Ellis, General Manager of CCMA 12 -09 -2014 Minutes Page - 3 - - Mr. Steve Layton, 12231 Lost Meadows Drive - Ms. Clare Layton, 12231 Lost Meadows Drive As no one else spoke, Mayor Carpenter closed the public hearing and opened it up for Council comments. No Council comments. Mayor Carpenter moved to the consent agenda items. Consent Agenda Items 2. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 25, 2014, and the Regular Meeting of December 2, 2014. (J. Kessel /B. Dennis) 3. Resolution No. 14 -R -85 — Consideration and /or action approving a Resolution authorizing the donation of approximately 600 square feet of real property to the Texas Department of Transportation; approving the City Manager's execution of a Donation Agreement and Donation Need, and authorizing the City Manager to take additional actions reasonably necessary therewith. (J. Bierschwale /J. Bierschwale) The following was read into record: RESOLUTION NO. 14 -R -85 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DONATION OF APPROXIMATELY 600 SQUARE FEET OF REAL PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION; APPROVING THE CITY MANAGER'S EXECUTION OF A DONATION AGREEMENT AND DONATION DEED; AND AUTHORIZING THE CITY MANAGER TO TAKE ADDITIONAL ACTIONS REASONABLY NECESSARY THEREWITH 4. Resolution No. 14 -R -99 — Consideration and/or action approving a Resolution approving and authorizing a Special Warranty Deed conveying Lot 15, Block 54, Live Oak Hills Subdivision to LCRA Transmission Services Corporation for the construction of a new electric transmission line. (J. Kessel /R. Galindo) The following read into record: s RESOLUTION NO. 14 -R -99 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING A SPECIAL WARRANTY DEED CONVEYING LOT 15, BLOCK 54, LIVE OAK HILLS SUBDIVISION, AN ADDITION IN GUADALUPE COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGES 146 -147 OF THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS TO LCRA TRANSMISSION 12 -09 -2014 Minutes Page - 4 - SERVICES CORPORATION FOR THE CONSTRUCTION OF A NEW ELECTRIC TRANSMISSION LINE AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Azzoz to approve consent items 2 through 4. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, and Edwards voting yes and no one voting no. Motion passed. Mayor Carpenter recessed the regular meeting at 7:17 p.m., into Executive Session pursuant to Texas Government Code Section 551.074 Deliberation regarding the appointment of a public officer. Mayor Carpenter reconvened back into regular session at 7:55 p.m., and moved to item 1. 1. Review applications for vacant Place 5 City Council Position. Deliberation, discussion and possible action regarding appointment to the vacant Place 5 City Council position including appointment of an individual to the vacant position or requiring additional processes and procedures. Mayor Carpenter stated that at this time the Council would like to hear from those who applied and provide any commentary they would like to share. It was suggested that the order be in the reverse as was stated in the memo provided. Councilmember Edwards stated that he would like to hear from those in the same order that was submitted to Council. Council concurred. Mayor Carpenter recognized the following who spoke: Mr - Mr. Robin Thompson - Mr. Bert Crawford - Mr. Sydney Verinder - Mr. Mark Davis Mr. Glen Outlaw Mayor Carpenter thanked those who came forward and moved back into executive session at 8:16 p.m., pursuant to Texas Government Code Section 551.074 Deliberation regarding the appointment of a public officer. Mayor Carpenter reconvened back into regular session at 8:35 p.m., and moved back to item 1. 1. Review applications for vacant Place 5 City Council Position. Deliberation, discussion and possible action regarding appointment to the vacant Place 5 City Council position including appointment of an individual to the vacant position or requiring additional processes and procedures. Mayor Carpenter stated that they have reviewed the applications for the vacant Place 5 position. Mayor Carpenter quoted Forrest Gump "Life is like a box of chocolates and 12 -09 -2014 Minutes Page - 5 - you never know what you are going to get "; he stated he does not have a clue what is going to happen; it's a little bit like Christmas morning. Mayor Carpenter asked if there was an action to take this evening or a motion to be made. Mayor Carpenter recognized Councilmember Azzoz who commented on the Mayors comment, box of chocolates, and sometimes you are going to get a box of chocolates that you are not going to want. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to appoint Mr. Robin Thompson to the open City Council Seat Place 5. Mayor Carpenter asked for commentary or discussion from Council and recognized Councilmember Edwards who stated that he has been in this community since 1997. He has not seen someone pour their heart out to this community as much as he has. He has not seen someone at as many functions as he has been at and can only think of one other person, Mr. Jake Jacobs that has been to more functions, than Robin Thompson at this point. Councilmember Edwards stated it draws a great line of success when you are able to meet with people and understand their needs, and have an empathetic ear. He believes Mr. Thompson can step in and fill those shoes. Councilmember Duke was a good Councilman, and he believes that Mr. Thompson will be a great replacement for Councilmember Duke. *4 Mayor Carpenter recognized Councilmember Fowler who stated that we had some great candidates put in their application. He stated that he doesn't say this lightly but we as a city are very lucky to have men who are willing to take on this job that are qualified. These are men he respects and wishes he could appoint them all. He stated that he is pleased to see the list of those that applied for the job. He stated that he is hopeful that because you were not selected this time, he doesn't want them to think that there was someone head and shoulders above them. Councilmember Fowler stated that he wants to see the other candidates around and busy in the community because each of them brings different things to the table. Mayor Carpenter recognized Councilmember Azzoz who stated that he looked at all the applications of this year and from the past and respects his colleague for making a motion, but wants to take it for more discussion and asked that he withdraw his motion because he believe we are missing some individuals, not discrediting Mr. Thompson. There were other individuals that did not attend this evening. Councilmember Edwards stated that he makes it a point to run a very busy business, he has individuals that he has to see as well as understands his colleagues also has other individuals they need to see and everyone here is very busy. If he withdraws his motion he would not be doing himself or the citizens any favors. This is extremely important, he understands things happen, and he has missed out on many opportunities because of circumstances beyond his control. However, he does not want to withdraw his motion because he thinks this is extremely important to get done tonight and before the end of the holidays. 12 -09 -2014 Minutes Page - 6 - Mayor Carpenter echoed Councilmember Fowler; all of you that stepped forward and provided your application, but more importantly you stepped up and stated you would be willing to serve; that you would be willing to give every Tuesday night for the next year is a highly personal commitment. All of you are to be applauded for this. When he came out earlier and stated that "Life is like a box of chocolates, you're not sure what you are going to get" it's because in our discussions he honestly did not know where they were going to go when they came out here. That said we have a motion and a second, all of us recognize that procedurally in order for a vote to pass we have to have three (3) aye votes. There are many scenarios, one of which puts him in the hot seat, where it makes him break a tie vote, and if he were to abstain in a two (2) aye, 'two (2) nay vote the motion would fail. We would continue discussion and deliberation. Mayor Carpenter recognized Councilmember Edwards who asked Councilmember Azzoz if he withdraws his motion are we considering the candidates who are not here and not giving them the opportunity to speak and give a presentation to the Council as well. That is what he is assuming. Councilmember Azzoz stated that if that is the consensus of Council, yes. After looking at everything yes, he is asking Councilmember Edwards to withdraw his motion. Mayor Carpenter recognized Councilmember Edwards who withdrew his motion. Council continued their discussion. Mayor Carpenter provided the following comments: The opportunity to be here this evening was available to everyone that applied. Some chose to be here and some did not. While he understands there are circumstances from time to time that would drive a person to not be able to attend a meeting, he gets that, it happens sometimes with all of us. The agenda was posted on Friday, the agenda read clearly that there was possible action tonight, we had people choose to be here and people who did not. He thinks this should weigh in their decision. He thinks leveling the playing field for someone who did not come tonight is potentially laudable but probably, in his personal opinion, not in the best interest of this process, and would encourage Council to make an appointment this evening based on that. Councilmember Edwards stated that it is his intent to make an appointment this evening and that he withdrew his motion out of courtesy for his colleague. As there was no further commentary, Mayor Carpenter indicated that he would entertain a motion. Councilmember Azzoz stated that he would like to give the other candidates who are not here this evening the opportunity and then look at the whole group again and then make a decision. We need to give them the opportunity to come before us. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to appoint Robin Thompson to the vacant Place 5 City Council position. Mayor Carpenter recognized Councilmember Edwards, who stated that last week they had a lot of commentary about what the Council Rules of Procedure and Conduct allows City Council to do and he quoted "J" we could forgo any of those proceedings and basically make an appointment that night and at that time we stated that 12 -09 -2014 Minutes Page - 7 - 90% of the people were in this room that wanted to apply for Council. I was told no 100% of the people were in this room. He is ready to step forward and put a Councilmember in place because it is the right thing to do. It's the positive direction for the City. Mayor Carpenter recognized Mayor Pro -Tem John who stated that he was looking through the action item and on the very last line it states that we have the possibility of conducting interviews on Tuesday, December 16, 2014, and he was hoping that the other candidates didn't take that as the date of the interview night to b here, and he knows that it states "possibly ", but he just wanted to point this out. K Mayor Carpenter stated that to Councilmember Edwards point we could have made an appointment last week without going through any process of accepting applications. That is in the purview of the Council, given the Charter. We could have chosen a different path, but we chose to invite people. The vote was 3 -0 -1, with Mayor Pro-Tern John, Councilmember ards and Councilmember Fowler voting yes, and Councilmember Azzoz abst ing. Motion passed. Mayor Carpenter recognized City Secretary Brenda Dennis who provided the oath of office to newly appointed Robin Thompson, City Councilmember Place 5. Mayor and Council congratulated Mr. Thompson and Councilmember Thompson took his seat on the dais. Mayor Carpenter recognized Councilmember Thompson who thanked those who appointed him. Mayor Carpenter moved to the workshop agenda item. Workshop • Discussion and possible action regarding the Facilities Master Plan Project. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who introduced Public Works Coordinator Cindy Raleigh who introduced this item stating Discussions began in the fall of 2013 with Council regarding the importance of a Facilities Master Plan. As our city's population grows, there are additional facilities needed to keep pace with that growth in order to provide adequate city services from today until build out. The Facilities Master Plan will be the roadmap to guide future facilities prioritization, funding, design, and construction so that every dollar spent on municipal facilities meets both short and long term needs. City Council has approved a budget of $145,000 for the development of a Facilities Master Plan to address facilities needs today, at a 50,000 population, and at a 75,000 population. 12 -09 -2014 Minutes Page - 8 - A Facilities Master Plan Team was established to ensure the project had input from key areas of the organization. The team consisted of City Manager John Kessel, Deputy City Manager John Bierschwale, Chief of Staff Bob Cantu, Fire Chief David Covington, Director of Public Works Sam Willoughby, Owners Representative Phil Gaudreau, and Public Works Coordinator Cindy Raleigh. Discussions by the Facilities Master Plan Team were held in early Spring 2014 regarding the goals of the City -Wide Facilities Master Plan, including: ■ Benefits of planning vs. reacting ■ Immediate short term needs ■ Build out long term needs AOe'� ■ Proper return of investment ■ Future Land Use Plan, Master Thoroughfare Plan, and ISO based Fire Station site selection The City -Wide Facilities Master Plan outcome will include: ■ Strategic near term recommendations for facility utilization ■ Long term goals and benchmarking for facilities planning ■ Recommendation of critical department adjacencies -by facility and campus area ■ Facility Assessment — based on existing building conditions of city facilities ■ Prioritized recommendations for future construction, reconstruction and property purchase, including Fire Station #3 site selection in southern Schertz ■ Cost analysis and financing options or directional recommendations ■ Analysis on the City's ability to own or lease additional facilities The timeline for the Request for Qualifications was developed in Summer 2014, including: ■ Request for Qualifications was publically noticed on July 3, 2014 ■ Six submittals were received and opened on July 24, 2014 ■ The six submittals were narrowed to three firms to interview in August 2014 ■ Interviews were held on August 27, 2014 and scoring submitted based on the RFQ submittals and interviews The top ranked firm, Wiginton Hooker Jeffry Architects PC (WHJ), was contacted in October 2014 and asked to submit a final proposal (scope and price). Meetings were held with WHJ to discuss the scope of work and fine tune the City's needs and insure that the City would receive the best and most useful return on investment. In November 2014, the final scope and cost proposal was finalized for city approval. NV Staff is updating the City Council on the project on December 9, 2014 prior to City Council considering a resolution authorizing the City Manager to enter into a contract for a Facilities Master Plan. Pending Council discussion, a resolution to contract with Wiginton Hooker Jeffry Architects PC is scheduled for the December 16, 2014 Regular Council Meeting. Ms. Raleigh addressed questions from Council. No action taken. 12 -09 -2014 Minutes Page - 9 - Discussion and Action Items 5. Resolution No. 14 -R -100 — Consideration and/or action approving a Resolution adopting the City Council Code of Ethics, and discussion and possible action regarding the City Council Rules of Procedure. (Mayor /Council) The following was read into record: RESOLUTION NO. 14 -R -100 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE CITY COUNCIL CODE OF ETHICS AND OTHER MATTERS IN CONNECTION THEREWIT At the City Council meeting of Novembe , 2014, City Council discussed the draft Code of Ethics. At that meeting City Attorney Connie Lock suggested two changes to the draft Code of Ethics. First, with regard to the Section entitled "Procedure for Conducting Inquiries," she stated that any time there is an investigation of a City Council member, the City should hire outside counsel to investigate this matter to avoid ethical conflicts and the perception that the City Attorney may be biased in such investigation. Second, the City Attorney suggested revising the Sections entitled "Correction" and "Censure" under "Enforcement of Violations," which state that if a Councilmember is being disciplined or censured such hearing should take place in executive session. These sections should be amended to state that such discipline or censure should be held in accordance with the Open Meeting Act. This change allows the meetings to be held in executive session unless the Councilmember requests a public hearing. In dition, with respect to the Section entitled "Procedure for Conducting Inquiries," Councilmember Duke asked if a Councilmember has the ability to defend himself if such Councilmember is the subject of an inquiry. City Manager John Kessel stated that any accused individual should be allowed to hear what the accusation is and respond to it. Mayor Carpenter suggested we have legal counsel and/or staff come up with a statement that would allow the accused to make a statement addressing the matter. The Code of Ethics has been revised to allow a Councilmember to provide a written response to the findings of an inquiry into that Councilmember. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro -Tem John to approve Resolution 14 -R -100. The vote was 3 -0 -1 Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, and Edwards voting yes and no one voting no, and Councilmember Thompson abstained. Motion passed. 6. Ordinance No. 14 -T -49 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park 12 -09 -2014 Minutes Page - 10 - Fund (317) for the Pickrell Park ADA Project in the amount of $32,405.00. (First Reading) (B. James/K. Woodlee /C. VanZandt) The following was read into record: ORDINANCE NO. 14 -T -49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PARK FUND (317) IN THE AMOUNT OF $32,405.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director of Development Services Brian James who stated that on February 19, 2013 Council approved Resolution 13 -R -12 authorizing staff to submit and accept a grant application for funding under the Bexar County CDBG program. The approval authorized staff to propose a 50150 match of up to $61,488.00 for projects that involved readily achievable barrier removal (ADA) at five (5) parks facilities including Pickrell Park, Ashley Park, Woodland Oaks Park, Lone Oak Park, and Crescent Bend Nature Park. The application was submitted on February 26, 2013 and on March 15, 2013; staff received notification from Bexar County that the proposed project met all of the initial criteria for the program. Final approval (with modifications) of the project was received from Bexar County on July 16, 2013. It was determined that only one (1) of the five (5) park facilities met all of the CDBG criteria related to readily achievable barrier removal, ADA compliance, and persons with disabilities population served. For these reasons, Pickrell Park was the only facility that made the final submittal, however; the City was awarded the full amount, $61,488.00 with a requirement to utilize matching funds. Four bids were received on November 6, 2014. Review and tabulation of the bids indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594 and Additive Alternate 1 Bid of $23,214 with two irregularities. Originally $61,884.00 was budgeted for this project. Given that the Schertz portion of the project cost is $94,289.00 an additional $32,405.00 must be approved for this project. Staff is proposing it be taken from the Parkland Dedication Fund. The total balance in the Fund is $192,125.98. It is anticipated that the City will $60,000 this fiscal year for pavilions at the Dog Park, $40,000 for improvements at the Skate Park (water fountain, benches, pavilion, etc.) and park improvements at Sedona (Crossvine) of approximately $20,000. Pickrell Park ADA Walkway Budget Engineering $9,115 Construction $145,058 Legal $500 12 -09 -2014 Minutes Page - l I - Advertising $500 Other Prof Services $1,000 Project Total $156,173 CDBG Grant $ 61,884 City Responsibility $94,289 CDBG requires the City to pay invoices and then submit for reimbursement. The total reimbursement to be received by the CDBG Grant is $61,884. The cost of the project is higher than the 50% match grant from CDBG. The City opted to proceed with Additive Alternate #1 to extend the sidewalk to a wider width. The funds from CDBG will remain the same at $61,884; the City has set aside the matching $61,884 in a project account. The remaining of the monies will be paid from the Parkland Dedication Fund in the amount of $32,405. Construction costs total $145,058 with the total cost of the project totaling $156,173. The project was originally to be funded 50% by the CDBG Grant and 50% from the Al 1h, Parkland Dedication Fund. However, due to decision to exercise the Add Alternate #1, the City will be responsible for an amount not to exceed $94,289 to be paid for from the CDBG Matching Grant Project Account and the Parkland Dedication Fund. CDBG will contribute the remaining $61,884. Staff recommends approval Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 14 -T -49, first reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, and Edwards, and Thompson voting yes and no one voting no. Motion passed. 8. Employee Compensation — Discussion and possible action regarding the City's Employee Compen tion Plan. (Item requested by Mayor Carpenter) (J. Kessel /Council) Mayor Carpenter recognized Councilmember Azzoz who stated he has crunched some numbers and worked with a 15% increase in pay on the lowest paid person. Our point system may also need looking at. He has previously suggested we take some dollar amounts from the training budget and take the bottom 40 percent of our employees and give them that salary adjustment. We are below market on our employee salaries. Our police and fire people find better benefits elsewhere. If we don't pay people well today, we are paying for it through entitlements. We have to be fair here. His proposal is that we give a raise to the bottom paid 40 percent employees. Discussion followed between several councilmembers resulting in two points, 1) the bottom 40 percent consists of workers going through Grade 22, and 2) if one of our problems is compression, then we are still not solving that situation. City Manager John Kessel stated there are 140 employees that fall in Grade 22 and below. Councilmember Edwards stated at this time there were still too many missing variables to make a decision on any compensation adjustments. Councilmember Thompson added that merit needs to be added into the equation in order to reward excellence rather than mediocrity. 12 -09 -2014 Minutes Page - 12 - Councilmember Fowler asked how does the raise tie into perks, such as medical insurance. Would there be other adjustments to these amounts? Councilmember John said he doesn't think we can make a decision until we get some vital information back from the Compensation Study that we have already paid for earlier this year. He thinks that after we receive this data then it would be the appropriate time to take action. Mayor Carpenter summarized by saying he believes the city's employee turnover fluctuates from around nine to eleven percent. He did a bit of research himself and what all cities should aim for is around ten percent; so we appear to be within a normal range. Another problem is compensating employees equally regardless of job performance which is known as a `Peanut Butter Spread'. This method is not good. Reason one is `compression', where a tenured employee would wind up getting the same amount as someone who was recently hired. Reason two is that no organization is made up exclusively of `high performers'; therefore, spreading money equally disincentives high performers, fails to reward those who are meeting all job requirements, and actually winds up rewarding poor performers. Another thing is in regard to the city charter; Article 7, Section 7.07 has five sections in it, Sections A, B, C, D, E. It talks about amendments to a budget after it has been adopted. There are four times where the budget can be amended. Three of those times require action by the City Manager. One is when we have a surplus of funds coming in, two is when we have a need for reduction of appropriations, and three is when we move money from one place to another. The only other time we can make an amendment to the budget is Section B of Section 7.07, in the case of an emergency when the situation at hand affects life, health, real property, or the public peace. If we have a natural disaster or have a time of civil arrest we can make appropriations for such an emergency. We don't have any of these conditions before us now. We passed a budget in the autumn and it included the spending of money to do a study of where we are. We have actually allocated $300,000 to begin the process of creating an environment where we get rid of that compression and move salaries to market value. Council will have to decide where we want to be in the market, at median, above or below. We need to take a disciplined and step wise approach. We can't just throw money at a problem. To answer Councilmember Thompson's question about merit increases, we have moved to having 0, 2, or 4% salary increases which gives us an opportunity to correct behavior when we have poor performers, give a nominal increase for folks meeting the requirements of their jobs and help accelerate the earnings of high performers. We are moving to long term and sustainable solutions. His recommendation to council is to get the study done which will give us information to make smart, careful, effective decisions the first time and the money is already allocated for via last year's budget. Also, if we just do the bottom 40 percent and give them all the same pay raise, Grade 22 and below leaves out all police officers, fire fighters, EMS employees. Compression problems exist in those departments and also needs to be dealt with. To get this really right over time, it will probably take a few years. We do need to strive to be above the middle tier but not put ourselves at risk financially. We need to do it in a way that is sustainable over time and does not disincentive performance and does not leave out critical departments. Mayor Carpenter recognized Councilmember Fowler who asked City Manager John Kessel if he was able to do an analysis of the impact of taking $200,000 out of the 12 -09 -2014 Minutes Page - 13 - training budget versus how much is required training for our rescue personnel. Mayor Carpenter stated, the training budget(s) of the police ($61,000), fire ($48,000), marshal's office ($10,000) & EMS ($35,000) totaling around the $150,000 range; just shy of half of the training budget ($380,000). It cuts hard into the emergency services budget and other departments. Deputy City Manager John Bierschwale reminded everyone that there are employees in other departments who have certifications they must maintain with a minimum yearly number of continuing education hours. We should be cautious about taking those training dollars away that affect people's jobs. Mayor Carpenter recognized Councilmember Azzoz who stated how can we do a salary adjustment? People are complaining. Maybe we didn't do a good enough budget. It seems everyone is making excuses on why we can't do this adjustment. Mayor Carpenter recognized Councilmember Thompson who asked if the study that was referred to earlier has already been paid for. City Manager John Kessel stated that in April 2014 and requested additional funding for the study so we could get started. They have eight RFQ's submittals and the team is reviewing those; the funds have been allocated and are available. Effective October 1, 2014, the money was funded for $300,000. In January of 2015, we anticipate a contract to be submitted to Council to start the study. Mayor Carpenter stated he doesn't think the council would have chosen to spend the people's money to do a study or allocate $300,000 if we were not wanting to address what we know is an issue and that we want to solve it; but it has to be done in a sustainable and fair manner. Spreading it on only a portion of the organization is not fair. Mayor Carpenter recognized Councilmember Edwards who suggested we keep this on the future agendas until we get to a point where we need to be. Let's continue to troubleshoot it and bring forth more ideas. For clarification Mr. Kessel stated in that in April of 2014 through the budget adjustment process we funded a compensation study and in October we funded the implementation of that study. An RFQ process was started and the submittals have been returned. Since October 1, we have not had our HR Director available to direct this process. He is reviewing these documents at home and is ranking them. The target is to get a contract in front of council in January to authorize the selection of a firm and enter an agreement with them. Councilmember Fowler asked whether or not we should establish a deadline date for the selection of a contract. He suggested 90 days. Mayor Carpenter summarized by saying we have two courses of action: 1) Follow through on the`plan chosen by council, or 2) choose a different path. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro -Tem John to wait until the compensation study is done and not take action to expend money on any pay raises other than those already regularly scheduled. The vote was 4 -0- 1 with Mayor Pro -Tem John, Councilmembers Fowler, Edwards & Thompson voting yes and, Councilmember Azzoz abstaining. Motion passed. 12 -09 -2014 Minutes Page - 14 - Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes of iterns 1 through 8. Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were made. 7. Requests by Mayor and Councilmembers t items be placed on a future City Council agenda. ..� Mayor Carpenter recognized Councilmember Edwards who stated he would like to see the employee compensation ite isted on future ages* 8. Requests by Mayor and Councilm ity Manager and Staff for information. No request given. \ /' 9. 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 o Recognition of actions by City employees o Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Carpenter recognized Councilmember Fowler who attended the Chamber of Commerce event the other day and he wanted to state that the discussions we are having right now are pretty important and he hopes they continue for the sake of our employees and to re- group. He looks forward to getting the employee compensation contract signed within 90 day$. Mayor Carpenter recognized Councilmember Edwards stated he attended the Councilmember teambuilding workshop last Friday and found out he was a `creator' because he wants to do things. On Monday, he attended the Employee Appreciation Luncheon at the civic center. He also attended the Festival of Angels Parade. Today he went to the Tri County Chamber of Commerce, which is a virtual chamber organization. Last Thursday, he attended the Cibolo Valley Local Government Corporation meeting. 12 -09 -2014 Minutes Page - 15 - He learned a lot about water in about 15 minutes. He congratulated Robin Thompson on his appointment to council tonight. Mayor Carpenter recognized Councilmember Thompson who stated he was grateful for his Councilmember appointment tonight. He also acknowledged Mary Spence and her group for putting on the Festival of Angels this year. Councilmember Edwards thanked Linda Klepper and Erin Matlock for putting together some packets for a visiting team of dignitaries from Australia who were in town. Also Robin Thompson and the chamber staff put together packets. Mayor Carpenter stated he wanted to thank the council for tonight's discourse. We had some strong disagreement tonight but nobody felt they couldn't say what they felt. Sessions like tonight strengthens us and prepares us for more challenging things arise. That we can push on one another to get to the best results possible is a position of strength. He also congratulated newly appointed Councilmember Robin Thompson and welcomed him aboard. #*-� ILI Adjournment As there was no further business, the mee adjourned Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 12 -09 -2014 Minutes Page - 16 - MINUTES SPECIAL SESSION MEETING December 5, 2014 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 5, 2014, at 8:00 a.m., at the La Quinta Inns, 17650 Four Oaks Lane, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Guests Present: Mr. Robert Brockman Councilmember Ji Fowler City Manager John Kessel Executive Director Brian James City Attorney Charles Zech 11 e Mr. Richard Dziewit Mayor Pro -Tem John, and Councilmeber Azzoz were absent. Call to Order (General Comments) D Mayor Carpenter called the meeting to order at 9:02 a.m., a quorum was not present. 1. Discussion and appropriate action on strategic planning issues, employee and City Council team building and proper governance. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who provided a brief introduction of the day's events and introduced Roy and Mary Ann Davis with Davis Success Solutions. • Team building discussion led by Davis Success Solutions (Facilitators & Participants) Mr. Roy Davis and Mrs. Mary Ann Davis provided and discussed the following: Sectiontroduction to the Team Roles Roy ann went over each Members team profile: Creator, Advancer, Refiner, Executor and Flexer explaining each role. - Section 11 Your Team Role Roy and Mary Ann went over the following: Understanding your team role Overview of each individual's role whether it be a Creator, Advancer, Refiner, Executor or Flexer. 12 -05 -2014 Minutes Page - 1 - Member's strengths and challenges and working with others Your flexibility Stress at Work Section III The "Z" Process Introduction to the "Z" Process and the sequence of stages: The Creating stage, The Advancing stage, The Refining stage, and finally the Executing stage. Guests Robert Brockman and Richard Dziewit left at 10:24 a.m. Al - Section IV Application & Reference Communication — people have different priorities and preferences that affect how they communicate. By understanding these differences, teams can drastically reduce misunderstandings and miscommunications. Meetings — Discussion regarding group meetings can be source of frustration if people do not value the perspective of their team members. Understanding how others approach meetings can help to reduce this tension. Time Management — People use time differently because they perceive time management differently. Understanding the perspective of other team members is the first step toward addressing concerns and frustrations. Comparison of the Team Roles Mayor Carpenter recessed the special session at 12:00 p.m. for lunch. Mayor Carpenter reconvened the special session at 1:15 p.m. Councilmember Edwards left at 2:00 p.m. Senior Management Group joined the meeting at 2:30 p.m. Roy and Mary Ann went over the following items with the Council and management team: - Discovering the Team Dimensions Model — What is Teamwork? - Identify Team Roles - Learn strengths and discomfort zones - Understanding flexibility and focus trade offs - Recognize how to reduce team stress - Appreciate team stages - Learn about meetings and time management. - S.W.O.T. (Strengths, weaknesses, opportunities, threats) Analysis: Pros and cons - Communication Mayor Carpenter left at 3:45 p.m. Management and remaining Councilmembers concluded their thoughts and provided their comments. 12 -05 -2014 Minutes Page - 2 - Adjournment As there was no further business, the meeting was adjourned at 3:50 p.m. R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 12 -05 -2014 Minutes Page - 3 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Parks Subject: Ordinance No. 14 -T -49 — An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park Fund (317) for the Pickrell Park ADA Project. (Final Reading) (B. James/K. Woodlee /C. VanZandt) BACKGROUND The City desires to construct 1,740 linear feet of sidewalk within Pickrell Park, with an emergency vehicle access and a passenger loading area, 80 feet long, off of Aero Avenue, and an emergency vehicle access point at the Poplar Street pavilion. Currently, no sidewalks exist in Pickrell Park. On February 19, 2013 Council approved Resolution 13 -R -12 authorizing staff to submit and accept a grant application for funding under the Bexar County CDBG program. The approval authorized staff to propose a 50150 match of up to $61,488.00 for projects that involved readily achievable barrier removal (ADA) at five (5) parks facilities including Pickrell Park, Ashley Park, Woodland Oaks Park, Lone Oak Park, and Crescent Bend Nature Park. The application was submitted on February 26, 2013 and on March 15, 2013; staff received notification from Bexar County that the proposed project met all of the initial criteria for the program. Final approval (with modifications) of the project was received from Bexar County on July 16, 2013. It was determined that only one (1) of the five (5) park facilities met all of the CDBG criteria related to readily achievable barrier removal, ADA compliance, and persons with disabilities population served. For these reasons, Pickrell Park was the only facility that made the final submittal, however; the City was awarded the full amount, $61,488.00 with a requirement to utilize matching funds. Based on this, staff modified the scope of the Pickrell Park proposal (see Pickrell Park Project Graphic), Four bids were received on November 6, 2014. Review and tabulation of the bids indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594 and Additive Alternate 1 Bid of $23,214 with two irregularities. A clerical error by the bidder in the tabulation of the total cost for the project and some unit prices in figures did not match the written unit price. The revised low bid cost is $121,844 with an Additive Alternate 1 of $23,214. Staff concurs with the recommendation from Ford Engineering, Inc. to hire M2 Federal, Inc. with a base bid of $121,844 and an Additive Alternate #1 of $23,214 for a total construction cost $145,058. The base bid is for a 6' wide trail and the additive alternate #1 is to expand the trail to 10' wide. Originally $61,884.00 was budgeted for this project. Given that the Schertz portion of the project cost is $94,289.00 an additional $32,405.00 must be approved for this project. Staff is proposing it be taken from the Parkland Dedication Fund. The total balance in the Fund is $192,125.98. It is anticipated that the City will $60,000 this fiscal year for pavilions at the Dog Park, $40,000 for improvements at the Skate Park (water fountain, benches, pavilion, etc.) and park improvements at Sedona (Crossvine) of approximately $20,000. Pickrell Park ADA Walkwav Budget Engineering $9,115 Construction $145,058 Legal $500 Advertising $500 Other Prof. Services $1,000 Project Total $156,173 CDBG Grant $ 61,884 City Responsibility $94,289 CDBG requires the City to pay invoices and then submit for reimbursement. The total reimbursement to be received by the CDBG Grant is $61,884. The cost of the project is higher than the 50% match grant from CDBG. The City opted to proceed with Additive Alternate #1 to extend the sidewalk to a wider width. The funds from CDBG will remain the same at $61,884; the City has set aside the matching $61,884 in a project account. The remaining of the monies will be paid from the Parkland Dedication Fund in the amount of $32,405. City Council approved this on first reading at their meeting of December 9, 2014. Goal Approve Ordinance 14 -T -49 to allocate an additional $32,405 for this project. Community Benefit Greater accessibility to Pickrell Park for mobility - challenged visitors. Summary of Recommended Action Staff recommends Council approve the final reading of Ordinance 14 -T -49 to budget an additional $32,405.00 from the Parkland Dedication Fund (317) for the Pickrell Park ADA Walkway Project. FISCAL IMPACT Construction costs total $145,058 with the total cost of the project totaling $156,173. The project was originally to be funded 50% by the CDBG Grant and 50% from the Parkland Dedication Fund. However, due to decision to exercise the Add Alternate #1, the City will be responsible for an amount not to exceed $94,289 to be paid for from the CDBG Matching Grant Project Account and the Parkland Dedication Fund. CDBG will contribute the remaining $61,884. RECOMMENDATION Staff recommends Council approval of the final reading of Ordinance 14 -T -49. Since this was approved on first reading on December 9, 2014, staff has submit the resolution for awarding the contract to Council on December 16, 2014. ATTACHMENTS Ordinance 14 -T -49 Pickrell Park ADA Plan Exhibit ORDINANCE NO. 14 -T -49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PARK FUND (317) IN THE AMOUNT OF $32,405.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 14 -T -42, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2014 -2015 (the `Budget), which provides funding for the City's operations throughout the 2014 -2015 fiscal year; and WHEREAS, the City needs to increase the FY 2014 -2015 approved Park Fund 317 budgeted amount by $32,405.00 in order to make up the difference between the original budgeted amount of $61,884.00 for the Pickrell Park ADA Path of Travel Project (through the Bexar County CDBG Program) and the actual cost estimate provided by the low, qualified bidder; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the increase to Park Fund 317 for FY 2014 -2015; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and increase the funding amount in Park Fund 317 for FY 2014- 2015; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and increase the Park Fund 317 budgeted amount for FY 2014 -2015 by $32,405. Section 2. The table below shows the corrected total for the Park Fund 317 for the FY 2014 -15 Budget: 2014 -2015 Budget Park Fund 317 $92,405 Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 9th day of December, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 16th day of December, 2014. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Pickreh Park 1lnch =80 Feet 0 25 50 100 150 200 250 300 Feet �0 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: EMS Subject: Resolution No. 14 -R -104 - Interlocal Agreement with Comal County Emergency Services District No. 6 BACKGROUND For a number of years, the City has provided EMS services to Comal County Emergency Services District No. 6 pursuant to an Interlocal Agreement. The City has negotiated increased payments by the District to the City, and the increased payments are set forth in a replacement Interlocal Agreement between the City and the District. Although these agreements have annual renewals built into their five year life span, Comal County's agreement is traditionally re- signed annually. In 2011, City Council gave authority to the City Manager to re -sign these agreements if the only change was increased payments as a result of population changes or increased per capita fees. This year we made language changes to the 2011 agreement to bring the language into conformity with our other seven Interlocal Agreements with our customer cities. The most important change was to the CPI figure used to calculate the annual increase in per capita payments from the overall CPI to the CPI for Medical Care (Section 3(b)). Additional changes include the City supplying monthly activity reports, our agreement to meet and discuss any issues with our service, changing the termination time to one year and updating the per capita figures to match current fees and population. All of these changes were made to bring the agreement into alignment with our other City agreements. Lastly, we added a final section (Section 8) at the request of Comal County ESD #6 to address some outlying areas off of Highway 46 near the New Braunfels City Limits. New Braunfels Fire Department (NBFD) currently covers a portion of this area as mutual aid for us on life - threatening emergencies. If the ESD can reach an agreement for NBFD to cover this area in lieu of Schertz EMS, the per capita would be re- figured to adjust for this change in coverage. FISCAL IMPACT Increased payments by the District to the City 50470901.1 RECOMMENDATION Approval of Resolution No. 14 -R -103 ATTACHMENT Resolution No. 14 -R -103, with Interlocal Agreement attached 50470901.1 RESOLUTION NO. 14 -R -104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH COMAL COUNTY EMERGENCY SERVICES DISTRICT NO. 69 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 Comal County Emergency Services District No. 6 (the "District ") relating to the provision of emergency medical services within the District by the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the District pursuant to the Inerlocal 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 the District in substantially the form set forth on Exhibit A. Future amendments to the Agreement or replacement interlocal agreements with the District that do not change or increase the City's obligation to provide services but that solely have the effect of increasing the District's payments to the City may be executed by the City Manager without further action 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 50470904.1 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 16th day of December, 2014 CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50470904.1 EXHIBIT A INTERLOCAL AGREEMENT 50470904.1 A -1 EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT This Emergency Medical Services Interlocal Agreement, effective as of January 1, 2012 (this "Agreement "), is between the City of Schertz, Texas, a political subdivision of the State of Texas (the "City"), and Comal County Emergency Services District #6, a political subdivision of the State of Texas (the "Contracting Jurisdiction "). WHEREAS, the City has an emergency medical services department known as Schertz EMS (the "Department ") which provides certain emergency medical services within the City and, by interlocal agreement, within other jurisdictions; WHEREAS, the Contracting Jurisdiction desires to contract with the City for the provision of certain emergency medical services within the Contracting Jurisdiction in order to preserve and protect the health and safety of persons within the Contracting Jurisdiction; WHEREAS, the City and the Contracting Jurisdiction have determined to enter into this Agreement relating to the provision of certain emergency medical services within the Contracting Jurisdiction and to set out the terms, rights, duties, and responsibilities of the City and the Contracting Jurisdiction with respect thereto; WHEREAS, the City and the Contracting Jurisdiction have determined that the provision of certain emergency medical services is a public purpose and within their statutory powers of government; and WHEREAS, the City and the Contracting Jurisdiction arc political subdivisions of the State of Texas and are authorized the execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, THE CITY AND THE CONTRACTING JURISDICTION, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Purpose. (a) The City agrees that during the term of this Agreement the City shall respond to all calls for emergency medical assistance and emergency medical transport and advanced life support service with mobile intensive care unit capability (the `Emergency Medical Services ") within the jurisdiction of the Contracting Jurisdiction (the "Service Area "). The Contracting Jurisdiction understands and agrees that timeliness of response is dependent on the level of demand throughout the Department's response area and that calls are answered on a next - available - ambulance basis. (b) The Contracting Jurisdiction shall arrange for dispatch of requests for assistance directly to the Department by the Department's radio frequency or via telephone to the Department's primary dispatch agency (City of Schertz Police Department). Such dispatch services shall be initiated on the radio frequency specified and in a manner approved by the Department. (c) The Department shall observe and comply with all applicable federal, state, counties (Bexar, Comal and Guadalupe), and City laws, rules, ordinances, and regulations which in any manner affect the provision of the services described in this Agreement and shall perform such services in a professional manner in accordance with standard emergency medical services practice. (d) The City agrees to permit the Contracting Jurisdiction to review the Department's run statistics maintained in the Department's offices. Due to patient privacy considerations, reports containing specific patient information shall not be made available to the Contracting Jurisdiction without the appropriate written consent of the patient or the patient's authorized representative or without a specific court order. (e) The City agrees to maintain appropriate and required levels of training and insurance coverage and to indemnify the Contracting Jurisdiction as is permitted by law. Section 2. Term and Renewal . This Agreement shall be for a term commencing with the effective date of this Agreement through and including December 31, 2012 (the "Initial Term "). This Agreement shall thereafter shall be automatically renewed for two (2) succeeding periods of one year (each, a "Renewal Term ") unless either party to this Agreement notifies the other party in writing that it wishes to terminate or revise this Agreement. Such notice shall be provided not less than ninety (90) days prior to the end of the Initial Term or any Renewal Term. Section 3. Consideration: (a) In consideration of the City's provision of the Emergency Medical Services during the- Initial Term and each Renewal. Term, the Contracting Jurisdiction agrees to pay the City $12.21 per citizen based upon the most recent population estimates as agreed upon by the Contracting Jurisdiction and the City payable in four equal installments on January 1, April 1, and July 1 and October 1, of the agreement year. The total payment for calendar year 2012 will be $82,905.90 based upon a population of 6,790 people. (b) Prior to the beginning of each year's Renewal Term, the Consideration per citizen may be increased based upon the most recent 12 -month Consumer Price Index to a maximum of 3 %. In addition, population estimates for the Service Area shall be updated for each Renewal Term by the Contracting Jurisdiction or by Census figures if applicable and shall be effective with the beginning of each Renewal Term. (c) The Contracting Jurisdiction agrees that, in addition to the fee payable by the Contracting Jurisdiction to the City pursuant to Section 3(a), patients shall be billed by the City for all services rendered to them by the Department. The Contracting Jurisdiction agrees to assist the City in developing information to permit the City to collect such charges. In no event shall the City or the Contracting Jurisdiction be responsible for payment of such patient charges. Section 4. Authorization. This Agreement has been duly authorized by the governing bodies of the City and the Contracting Jurisdiction. Section 5. Scverabilitv. 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. K Section 6. Amendments. This Agreement represents the complete understanding of the City and the Contracting Jurisdiction with respect to the matters described herein, and 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.] IN WITNESS WHEREOF, the undersigned have entered into this Emergency Medical Services Interlocal Agreement, effective as of the date first above written. CI'T'Y OF SCHERTZ, TEXAS By -City'Manager Date I,* AMP 1-7 Nor PF COMAL COUNTY EMERGENCY SERVICES DISTRICT #6 By Titles1 r Date 4 EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT This EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT, effective as of January 1, 2015 (this "Agreement "), is between the CITY OF SCHERTz, TEXAS, a political subdivision of the State of Texas (the "City"), and the COMAL COUNTY EMERGENCY SERVICES DISTRICT NO. 6, a political subdivision of the State of Texas (the "Contracting Jurisdiction "). WHEREAS, the City has an emergency medical services department known as Schertz EMS (the "Department ") that provides certain emergency medical services within the District and, by interlocal agreement, within other jurisdictions; WHEREAS, the Contracting Jurisdiction desires to contract with the City for the provision of certain emergency medical services within the Contracting Jurisdiction in order to preserve and protect the health and safety of persons within the Contracting Jurisdiction; WHEREAS, the City and the Contracting Jurisdiction have determined to enter into this Agreement relating to the provision of certain emergency medical services within the Contracting Jurisdiction and to set out the terms, rights, duties, and responsibilities of the City and the Contracting Jurisdiction with respect thereto; WHEREAS, the City and the Contracting Jurisdiction have determined that the provision of certain emergency medical services is a public purpose and within their statutory powers of government; and WHEREAS, the City and the Contracting Jurisdiction are political subdivisions of the State of Texas and are authorized to execute this Agreement pursuant to Chapter 791, Texas Government Code, as amended. NOW, THEREFORE, THE CITY AND THE CONTRACTING JURISDICTION, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Purpose. (a) The City agrees that during the term of this Agreement the City shall respond to all calls for emergency medical assistance and emergency medical transport and advanced life support service with mobile intensive care unit capability (the "Emergency Medical Services ") within the jurisdiction of the Contracting Jurisdiction (the "Service Area "). The Contracting Jurisdiction understands and agrees that timeliness of response is dependent on the level of demand throughout the Department's response area and that calls are answered on a next - available - ambulance basis. (b) The Contracting Jurisdiction shall arrange for dispatch of requests for assistance directly to the Department by the Department's radio frequency or via telephone to the Department's primary dispatch agency (City of Schertz Police Department). Such dispatch services shall be initiated on the radio frequency specified and in a manner approved by the Department. (c) The Department 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 and shall perform such services in a professional manner in accordance with standard emergency medical services practice. 1 (d) The City agrees to supply monthly response reports to the Contracting Jurisdiction. The City also agrees to permit the Contracting Jurisdiction to review all statistics the Department maintains if such review is not prohibited by law. Due to patient privacy considerations, reports containing specific patient information shall not be made available to the Contracting Jurisdiction without the appropriate written consent of the patient or the patient's authorized representative or without a specific court order. (e) The City agrees to meet, review, and discuss any issues pertaining to the City's performance with the Contracting Jurisdiction. (f) The City agrees to maintain appropriate and required levels of training and insurance coverage and to indemnify the Contracting Jurisdiction to the extent permitted by law. Section 2. Term and Renewal. This Agreement shall be for a term commencing with the effective date of this Agreement, January 1, 2015, through and including December 31, 2015 (the "Initial Term "). This Agreement shall thereafter be automatically renewed for three (3) succeeding periods of one year (each, a "Renewal Term ") unless either party to this Agreement notifies the other party in writing that it wishes to terminate or revise this Agreement. Such notice shall be provided at least one (1) year prior to the end of the Initial Term or any Renewal Term. Section 3. Consideration. (a) In consideration of the City's provision of the Emergency Medical Services during the Initial Term and each Renewal Term, the Contracting Jurisdiction agrees to pay the City $13.35 per citizen based upon the most recent estimated population as supplied by the Contracting Jurisdiction payable in four equal installments on the first day of each quarter of the Contracting Jurisdiction's fiscal year. This Initial Term payment will be $93,450 based upon a population of 7,000 people. (b) Prior to the beginning of each Renewal Term, the Consideration per citizen may be increased based upon the most recent 12 -month Consumer Price Index for All Urban Consumers (CPI - U) for Medical Care to a maximum of 3 %. In addition, population estimates for the Service Area shall be updated for each Renewal Term by the Contracting Party and shall be effective with the beginning of each Renewal Term. (c) The Contracting Jurisdiction agrees that, in addition to the fee payable by the Contracting Jurisdiction to the City pursuant to Section 3(a), patients shall be billed by the City for all services rendered to them by the Department. The Contracting Jurisdiction agrees to assist the City in developing information to permit the City to collect such charges. In no event shall the City or the Contracting Jurisdiction be responsible for payment of such patient charges. Section 4. Authorization. This Agreement has been duly authorized by the governing bodies of the City and the Contracting Jurisdiction. 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 Contracting Jurisdiction with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties and the consent of the City. 2 Section 7. Governing Law. This Agreement shall be governed by the laws of the State of Texas. Section 8. Change in Area. In the event that the Contracting Jurisdiction needs to contract with another agency to provide Emergency Medical Services in outlying areas to improve response time, the Consideration the Contracting Jurisdiction pays to the City will be adjusted by subtracting the number of citizens in the outlying area from the total population the Contracting Jurisdiction provides to the City pursuant to Section 3. The modified population figure will then be multiplied by the current payment per citizen to determine the Consideration the Contracting Jurisdiction shall pay to the City. If such a change occurs in the Service Area during the Initial Term or any Renewal Term, the Consideration shall be pro -rated accordingly. [The remainder of this page left blank intentionally.] IN WITNESS WHEREOF, the undersigned have entered into this Emergency Medical Services Interlocal Agreement, effective as of the date first above written. CITY OF SCHERTZ, TEXAS By_ Title City Manager COMAL COUNTY EMERGENCY SERVICES DISTRICT NO. 6 By_ Title S -I Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Subject: BACKGROUND City Manager Resolution No. 14 -R -106 - Hal Baldwin Scholarship By Resolution No. 09 -R -03 in 2009, the City Council established the Hal Baldwin Scholarship to encourage graduating high school seniors who live in Schertz to pursue careers in public service. Staff recommends the following advisory committee be appointed for 2015: Don Taylor, Syd Verinder, Cedric Edwards, Reginna Agee, Michael Spain and Susan Beck. In the past, the committee has awarded one to two scholarships each year ranging from $1,000 to $2,500 each. Below is a summary of the previous recipients and their awards: 2009 Emily Furillo - $1,000 2010 Keeley Ckodre - $1,000 2011 Chelsey Evans - $1,000 Lauren Durnford - $1,000 2012 Caitlin Baumgarten - $2,500 Brandi Brinkman - $1,250 2013 Loren Morris - $2,500 Aruna Kharod - $1,250 2014 No Scholarships were Awarded this Year Funds for these scholarships come from donations and profits from the annual Hal Baldwin Golf Tournament and are in a segregated fund, the Hal Baldwin Scholarship Fund, with a current balance of $53,176.45. After the committee makes a recommendation, they will bring their recommendation to the full Council for approval on May 12, 2015 and then the scholarship presentation on May 19, 2015. RECOMMENDATION Adoption of Resolution No. 14 -R -106 ATTACHMENT Resolution No. 14 -R -106 RESOLUTION NO. 14 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING AND PROVIDING 2015 FUNDING TO THE HAL BALDWIN SCHOLARSHIP, AND APPOINTING MEMBERS OF THE 2015 HAL BALDWIN SCHOLARSHIP COMMITTEE, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas has created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service; and WHEREAS, the City Council desires to provide funding for 2015 for such Scholarship; and WHEREAS, the City further encourages all those who support such Scholarship program to make contributions to the City designated for such purpose; and WHEREAS, the City Council desires to name a 2015 advisory committee to recommend potential scholarship winners to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City hereby authorizes a budget of up to $4,000 from the Hal Baldwin Scholarship Fund for the Hal Baldwin Scholarship program for 2015. Section 2. The City hereby authorizes the following six persons as members of the 2015 Hal Baldwin Scholarship Committee (the "Committee ") to (i) receive applications for the Hal Baldwin Scholarship, and (ii) recommend potential Hal Baldwin Scholarship award winners to the City Council: Don Taylor, Syd Verinder, Cedric Edwards, Reginna Agee, Michael Spain, and Susan Beck. Members of the Committee shall serve at the pleasure of the City Council and may be removed at any time, with or without cause, by the City Council. The Committee's and Council's proposed schedule with respect to the 2015 Hal Baldwin Scholarship is attached as Exhibit A. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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 ordained herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 1 Section 6. 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 7. 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, as amended, Texas Government Code. Section 8. This Resolution shall be in force and effect from and after its final passage. PASSED AND APPROVED on the 16th day of December, 2014. ATTEST: City Secretary (City Seal) Mayor W EXHIBIT A PROPOSED TIMELINE FOR 2015 HAL BALDWIN SCHOLARSHIP January 2015 • Scholarship Advisory Committee to meet to: - Decide essay topic - Review timeline (recommend any additional changes needed) - Review scholarship application (recommend any changes needed) • Once approved, Media Relations to advertise: - Schertz Tales - Website - Herald • Send letters out to area high schools April 2015 • Thursday, April 301h: o Cut -off date for scholarship application May • Tuesday, May 5th o Distribute binder with full set of applications /judging sheets to Committee members • Tuesday, May 12th o Scholarship Advisory Committee to meet before Council Meeting: - Select winner to be recommended to City Council (as a presentation item) • Tuesday, May 19th: o Present award to winning student: - At a Council Meeting (get plaque engraved with his/her name) August /September 2015 • Student will need to present scholarship donor sheet to City from his /her College/ university prior to receiving scholarship money A -1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Administration Subject: Cancellation of the December 23, 2014 and December 30, 2014 City Council meetings BACKGROUND Staff finds no items to be presented to Council at either of the December 23, 2014 or December 30, 2014 Council meetings. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the cancellation of the December 23, 2014 and December 30, 2014 City Council meetings due to lack of items to present. CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Subject: Administration Ordinance 14 -B -48 Agenda No. 6 CONSIDERATION AND APPROVAL OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE BACKGROUND Mr. McLiney with Southwest Securities, the City's financial advisor, has been working with City staff to determine the optimum borrowing structure and term to fund the City's purchase of various vehicles and equipment including ambulances. Mr. McLiney conducted a competitive bidding process for potential purchasers to submit their best bid prior to the Council meeting. Mr. McLiney will present the debt service schedule based on the lowest interest rate submitted at the Council Meeting. FISCAL IMPACT The ambulances and equipment will be paid from the EMS Fund, Water & Sewer Fund, Drainage Fund, and General Fund. The debt service for the purchase of the ambulances and equipment was approved in the FY 2014 -15 budget. RECOMMENDATION Staff recommends proceeding with the issuance of the Tax Notes, Series 2015 by approving Ordinance 14 -B -48. ATTACHMENT Ordinance 14 -13-48 DRAFT 11/24/14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of Chapter 1431, as amended, Texas Government Code (the Act), the City Council (the Governing Body) of the City of Schertz, Texas (the Issuer) is authorized and empowered to issue anticipation notes to pay contractual obligations incurred or to be incurred for the construction of any public works, for the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights -of -way for the Issuer's authorized needs and purposes, and for professional services, including services provided by tax appraisal engineers, engineers, architects, attorneys, auditors, mapmakers, financial advisors, and fiscal agents; and WHEREAS, in accordance with the provisions of the Act, the Governing Body hereby finds and determines that anticipation notes should be issued and sold at this time to finance the costs of paying contractual obligations to be incurred for (1) purchasing vehicles, ambulances, materials, supplies, equipment, machinery, and other personal property for the public works department, street department, and public safety department and (2) the payment of professional services related to the design, construction, landscaping, and financing of the aforementioned projects; and WHEREAS, the Governing Body hereby finds and determines that the issuance of anticipation notes is in the best interests of the residents of the Issuer, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General obligation notes of the Issuer shall be and are hereby authorized to be issued in the aggregate principal amount of TWO MILLION ONE HUNDRED TWENTY FIVE THOUSAND AND NO /100 DOLLARS ($2,125,000), to be designated and bear the title of "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015" (the Obligations), for the purpose of providing funds for (1) purchasing vehicles, ambulances, materials, supplies, equipment, machinery, and other personal property for the public works department, street department, and public safety 82303410.1 department and (2) the payment of professional services related to the design, construction, landscaping, and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Chapter 1431, as amended, Texas Government Code, an ordinance adopted by the Governing Body on December 16, 2014, and the City's Home Rule Charter. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Obligations shall be issued as fully registered obligations, without coupons, shall be dated December 1, 2014 (the Dated Date) and shall be in denominations of $100,000 or any integral multiple of $5,000 in excess thereof (within a Stated Maturity), shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on August 1 in each of the years (the Stated Maturities) and in the amounts and bear interest at the rates per annum in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates 2015 270,000 2016 315,000 2017 330,000 2018 335,000 2019 340,000 2020 345,000 2021 190,000 The Obligations shall bear interest on the unpaid principal amounts from the Closing Date (hereinafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Obligations shall be payable on February 1 and August 1 in each year, commencing August 1, 2015 (the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - Paying _Agent/Registrar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Obligations. The selection and appointment of , (the Paying Agent /Registrar), to serve as the initial Paying Agent /Registrar for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent /Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent /Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the Issuer may prescribe. The Issuer covenants to 82303410.1 2 maintain and provide a Paying Agent/Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent /Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent /Registrar. The Issuer reserves the right to appoint a successor Paying Agent /Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Obligations by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity, or otherwise, shall be payable only to the registered owner of the Obligations appearing on the Security Register (the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent /Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii) on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity, and (iii) on any date for any other purpose. The Issuer and the Paying Agent /Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent/Registrar at its corporate trust office (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent /Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent /Registrar). Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent /Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent /Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled 82303410.1 3 payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. The Obligations are not subject to redemption prior to Stated Maturity. SECTION 5: Execution - Registration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Obligations - Predecessor Obligations. The Paying Agent /Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Obligations, or, if appropriate, the nominee thereof. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent /Registrar. Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent/Registrar, the Issuer shall execute and the Paying Agent /Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying 82303410.1 4 Agent/Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. All Obligations issued upon any transfer or exchange of Obligations shall be delivered at the corporate trust office of the Paying Agent /Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Obligations surrendered upon such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent /Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of $2,125,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers (defined herein) or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor Definitive Obligations of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent /Registrar may reasonably require. 82303410.1 5 SECTION 8: FORMS. A. Forms Generally. The Obligations, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof. Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of the State of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 82303410.1 6 B. Form of Definitive Obligation. REGISTERED NO. Dated Date: December 1, 2014 REGISTERED OWNER: PRINCIPAL AMOUNT: United States of America State of Texas Counties of Bexar, Comal, and Guadalupe CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015 Interest Rate: Stated Maturity: REGISTERED PRINCIPAL AMOUNT CUSIP NO: DOLLARS The City of Schertz, Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Bexar, Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above, and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February I and August 1 of each year commencing August 1, 2015. Principal on this Obligation shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar), at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent /Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 82303410.1 7 This Obligation is one of the series specified in its title issued in the aggregate principal amount of $2,125,000 (the Obligations) pursuant to an ordinance adopted by the Governing Body of the Issuer (the Ordinance), for the purpose of (1) purchasing vehicles, ambulances, materials, supplies, equipment, machinery, and other personal property for the public works department, street department, and public safety department and (2) the payment of professional services related to the design, construction, landscaping, and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, including Chapter 1431, as amended, Texas Government Code, an ordinance adopted by the Governing Body on December 16, 2014, and the City's Home Rule Charter. As provided in the Ordinance, the Obligations are not subject to redemption prior to Stated Maturity. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the Issuer within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent /Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to the transfer or exchange of the Obligations; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent /Registrar; the terms and provisions upon which this Obligation may be discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent /Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent /Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent /Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, and (iii) on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent /Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior 82303410.1 8 to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal, valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Obligation and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 82303410.1 9 IN WITNESS WHEREOF, the Issuer has caused this Obligation to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor [The remainder of this page intentionally left blank.] 82303410.1 10 C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations On1X. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Obligations Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Obligation has been duly issued under the provisions of the within - mentioned Ordinance; the Obligation or Obligations of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent /Registrar. Registered this date: Paying Agent /Registrar By: Authorized Signature 82303410.1 11 P3.1 E. Form of Assi ng ment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Obligation on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth in pares aph B of this Section, except that the form of a single fully registered Initial Obligation shall be modified a c fnl l n-,z7e (i) immediately under the name of the Obligation(s) the headings "Interest Rate " and "Stated Maturity " shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Schertz, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Bexar, Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of August in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates 82303410.1 12 (Information to be inserted from schedule in Section 2 hereof). and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to occur on January 8, 2015) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 1 and August I of each year, commencing August 1, 2015. Principal of this Obligation shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity, while Outstanding, at the corporate trust office of , (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent /Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by, and at the risk and expense of, the Holder hereof. [The remainder of this page intentionally left blank.] 82303410.1 13 G. Insurance Legend. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, Mayor Pro Tem, the City Manager, and/or the City Secretary. B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. C. The term Issuer shall mean the City of Schertz, Texas located in the Counties of Bexar, Comal, and Guadalupe, Texas and, where appropriate, the Governing Body of the Issuer. D. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. E. The term Depository shall mean an official depository bank of the Issuer. F. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of 82303410.1 14 the State of Texas as eligible for use to accomplish the discharge of obligations such as the Obligations. G. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. H. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being February 1 and August 1 of each year, commencing August 1, 2015, while any of the Obligations remain Outstanding. I. The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $2,125,000 "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015" authorized by this Ordinance. K. The term Ordinance shall mean this ordinance finally adopted by the Governing Body of the Issuer on December 16, 2014. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent /Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Obligations named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on August I of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "TAX NOTES, SERIES 2015, INTEREST AND SINKING FUND" (the Obligation Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay the principal of, premium, if any, and interest on the Obligations as the same become due and payable and shall cause to be transferred to the Paying Agent /Registrar from money on deposit in 82303410.1 15 the Obligation Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Obligations, such transfer of funds to the Paying Agent /Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of funds to the Paying Agent/Registrar, money in any Fund created and established by this Ordinance, at the option of the Issuer, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Obligations being (i) the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The Governing Body hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the Issuer for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. SECTION 12: Deposits to Obligation Fund — Surplus Obligation Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each 82303410.1 16 installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section I hereof, shall be deposited in the Obligation Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer (a) defaults in the payments to be made to the Obligation Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent /Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 82303410.1 17 SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent /Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent /Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent /Registrar. The Issuer may at any time deliver to the Paying Agent /Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be promptly canceled by the Paying Agent /Registrar. All canceled Obligations held by the Paying Agent /Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Obligations. If (1) any mutilated Obligation is surrendered to the Paying Agent /Registrar, or the Issuer and the Paying Agent /Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2) there is delivered to the Issuer and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent /Registrar that such Obligation has been acquired by a bona fide purchaser, the Issuer shall execute and, upon its request, the Paying Agent /Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof, under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent /Registrar) connected therewith. Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. SECTION 18: Sale of Obligations - Purchase and Investment Letters Approval — Use of Proceeds. The Obligations authorized by this Ordinance are hereby sold by the Issuer to (the Purchaser, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter (the Purchase Contract), dated December 16, 2014 attached hereto as Exhibit B and incorporated hereby by reference as a part of this Ordinance for all purposes. The pricing and terms of the sale of the Obligations are hereby found and determined 82303410.1 18 to be the most advantageous reasonably obtainable by the Issuer. The Initial Obligations shall be registered in the name of . The Mayor of the Issuer is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of this Governing Body, and in regard to the approval and execution of the Purchase Contract, the Governing Body hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the Issuer. Delivery of the Obligations to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows: (1) Accrued interest, if any, received from the Purchasers shall be deposited into the Obligation Fund. (2) The balance of the proceeds derived from the sale of the Obligations (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Obligations. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. 82303410.1 19 Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Obligations has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The Issuer shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and 82303410.1 20 (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if` (i) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. 82303410.1 21 (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) As additional consideration for the purchase of the Obligations by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Obligations equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either party. J. Obligations Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. (2) Not more than 50% of the proceeds of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. 82303410.1 22 K. Elections. The Issuer hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Obligations pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Obligations to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the Issuer's financial advisors, Bond Counsel, and the Paying Agent /Registrar, make the necessary arrangements for the delivery of the Initial Obligations to the Purchasers and the initial exchange thereof for definitive Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Obligations, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and /or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof. In the event of a gross defeasance of the Obligations, the Issuer shall deliver a certificate from its financial advisor, the Paying Agent /Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Obligations. The Issuer covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). 82303410.1 23 Any money so deposited with the Paying Agent /Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Obligations and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Obligations, such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Obligations is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments - Outstanding Obligations. The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3) reduce the aggregate principal amount of Obligations required for consent to any such amendment, addition, or rescission. 82303410.1 24 SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, Paying Agent /Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the Issuer, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, 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 ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. 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 Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. 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 Governing Body. SECTION 32: Authorization of Paying A _ ent�/Registrar Agreement. The Governing Body of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent /Registrar Agreement concerning the payment, exchange, registration, and transferability of the Obligations. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally 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 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner 82303410.1 25 and at such time or times as in the judgment of the Issuer or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Obligation or for any claim based thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuing Disclosure Undertaking. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, generally in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, to less than thirty -five sophisticated investors, and therefore SEC Rule 15c2 -12 is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book -Entry Only System. The Obligations may initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Obligations shall be issued (following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent /Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent /Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent /Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Obligations, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Obligations, as shown on the Security Register, of any notice with 82303410.1 26 respect to the Obligations, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive an Obligation evidencing the obligation of the Issuer to make payments of principal, premium, if any, or interest on the Obligations pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent /Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the Issuer determines that it is in the best interest of the beneficial owners of the Obligations that they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent /Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent /Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Obligations, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Obligations, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Obligations by the Texas Attorney General's office. In case any officer of the Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such 82303410.1 27 certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Contracts with Financial Advisor and/or Bond Counsel. The City Council authorizes the Mayor and /or the City Manager, or their designees, to take all actions necessary to execute any necessary financial advisory contracts with Southwest Securities, Inc., as the financial advisor to the City (the Financial Advisor). The City understands that under applicable federal securities laws and regulations that the City must have a contractual arrangement with its Financial Advisor relating to the sale, issuance, and delivery of the Obligations. In addition, the City Council also authorizes the Mayor and/or the City Manager, or their designees, to take all actions necessary to execute any necessary engagement agreement with Fulbright & Jaworski LLP, as the Bond Counsel to the City. SECTION 40: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 82303410.1 28 PASSED AND ADOPTED by the City Council of the City of Schertz, Texas, this the 16th day of December, 2014. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 82303410.1 S -1 INDEX TO EXHIBITS Exhibit A ............ ............................... .........................Paying Agent /Registrar Agreement Exhibit B .............. ............................... .......................Purchase Contract Exhibit C ........................................ ............................DTC Letter of Representations 82303410.1 S -2 EXHIBIT A Paying Agent /Registrar Agreement See Tab No. 82303410.1 A -1 EXHIBIT B Purchase Contract See Tab No. 82303410.1 B -1 EXHIBIT C DTC Letter of Representations See Tab No. 82303410.1 C -1 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Development Services Subject: Conduct a public hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation of 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (Second Public Hearing) BACKGROUND In 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ and started the annexation proceedings. As part of the annexation proceedings a majority of the parcels located within the released area signed delayed annexation development agreements with the City in accordance with Texas Local Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed delayed annexation development agreement with the City of Schertz. Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to the City of Schertz for a 69.111 acre tract of land. The subject property is located approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at 7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo- Universal Independent School District. In accordance with Texas Local Government Code (LGC), The City Council will conduct two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. The first reading regarding of the ordinance for the petition for annexation will be considered on January 6, 2015 and final reading considered on January 13, 2015. A public hearing notice was published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. City Council Memorandum Page 2 The subject property, if annexed, will be considered for zoning concurrently with the first and final reading of the Ordinance. The zoning request will encompass the same land contained within the annexation petition. The applicant has requested to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On November 19, 2014 the Planning and Zoning Commission recommended that the property Goal Cibolo Creek Municipal Authority is requesting voluntary annexation into the City of Schertz because of their desire to be located within the Schertz city limits. Community Benefit To promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Close the second public hearing. Staff will recommend approval of petition for voluntary annexation. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through interlocal agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. RECOMMENDATION Close the second public hearing. Staff will recommend approval of the petition for voluntary annexation. ATTACHMENT Draft Ordinance 15 -A - ## with service plan ORDINANCE NO. 15 -A - ## AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 1500 FEET NORTH OF 1 -10, BEXAR COUNTY, TEXAS. WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act "); and WHEREAS, two public hearings were held before the City Council of the City of Schertz, Texas, on the 9th day of December, at 6:00 pm and on the 16th day of December, 2014 at 6:00 pm. which dates were not more that forty (40) days nor less that twenty (20) days prior to the institution of the annexation proceedings; and WHEREAS; notice of such public hearings were published on the City of Schertz internet website and published in the newspaper having general circulation in the City of Schertz, Texas on the 26th day of November, 2014 which dates were not more than twenty (20) days nor less than ten (10) days prior to the day of such public hearings; and WHEREAS; notice of such public hearings were published in a newspaper having general circulation in the City of Schertz, Texas on the 26th day of November, 2014 which dates were not more than twenty (20) days nor less than ten (10) days prior to the day of such public hearings; and WHEREAS; the City Council of the City finds that (i) the Annexed Land is suitable for municipal purposes and (ii) it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Annexed Land shall be included within the City's corporate limits effective on the effective date of this Ordinance, and all taxable property in the Annexed Land Ordinance 15 -A - ## shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. Section 3. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges of all the citizens of the City and be bound by the acts, ordinances, resolutions, and regulations of the City subject only to the Service Plan hereby adopted and attached hereto as FYhihit R Section 4. 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 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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. '4000GGGGGGGGGGGV• Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 10. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Ordinance 15 -A - ## Approved on first reading the 6th day of January, 2015. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. ATTEST: Brend (SEA] Michael R. Carpenter, Mayor Ordinance 15 -A - ## Exhibit A "The Land" EXHIBIT A DAMIAwyma LAND SURVEYING MM7IiS AND, BOUNDS DF CRIPT ON FOR A 69.11. t ACU TRACT OF 1.ANI3 Being 69.1 11 edam of land oul orthe UR, Cwaui $ur4 y No_ Zt Abstract 1Jo, 5, County t31oc& 5193, I#exar County, '[ "e as, and Irsiag all of a 69.106 hers lrnrt of €n,nd described in Volume 6160, Page 1680 cif the OfliciaJ Public 14 ds od' heat Property of E3earnr Coundy,.'T'exas, and said 0.1 i 9 rterrs of land bc[rtg mare parl.Iclllarly described as frrllows_ BEGINNING at a %" irdarl pin fiyund oa5 the NurLscnst right. -of -way line efDiner We Rord. a 'Suu1AwcsLuJy ranrner of a ` &525 mere tract of land as described in Volume Ci45 ;, Page 3437 of the { ffic wbal Pilbhe Raa&ds of Real Property of Jtitaxar County, Texas,;, and being this niost' mAerly cmier ofthis herein desenbed 69,111 acre tract of land; Tf-JENCE dgmrtuag the ?�'uotheast right- or - -wzy line of said Traincr Ha It RowJ and wi9b the 5QL1thasita[ line of said 76.525 arerc tract of land, the futtaawingcniks and distances: N 599 45'28" F, 4 dislaftoo )F593.61 feet w a'h" iron lam with trap stamped -DAM 05348 PROP. C'DR." set foyer ji clamor; S45' ail' 36" Lon distance of 347.44 fact [n a ifs" 4xvt lain fiAoW for an limnior carocr, and N 611° 51' 16" E a dihtnnee of 332.73 feet to a E" iron pipe found far ft F:851 cortLet of said 76-525 acre tract of land, ra Snudlrwmt comer of a 16.091 acre tract of as dcScrihcd I u Volume 15339, Page 351 *f flit Official JP`ublic Records of Rcxar County, Texan; THENCE vvilh tiie S.oudicast Lhre of said 14.081 sere iraat of braid and passing 1he South Tarr of a 14.887 acre tract of ]and asdawribcd in Volume 13333, Pagc 538 of the Ofricial Public Rer to, urP3a:xar C:i)unty, Texas, N 150" 53' 27" F ;3 distance of 190 -212 fatt to a'A" iron pin found 0515 IRK for a IvCahwat poird, ii (vital distanm of 1994.55 Feet to the ceoUt r oFCibolo Creek fDr the least -nacr cefsRicJ 16.0$1 riot.least dtf Iatnd and being the North comer of this hertio tJt ribe�d 69.1 1 1 mere Itut of land, T[ ENCF wish tho ffwandcrs of Cibola Creek tho following calls and distances: S 22' 36' 10" E a distance of 2.$19.88 fact to a point, S 43° 49` 17'E o distantc of 33.64 feet to a point; and .S t 8e 11' 30" 9 a distance of -481,21) feat to point :car thu last corner of this hcruan deeeribed 69.111 amore traaci or [and; THENCE dcpat in.g the ceniae lime of Cik,,ok) Creek, S 59° 47' 59" W a distaoce or 151.23 Eeet Ia a IN' intce pin fcwrrid tm bite for a reference pohil, x w4al dl gtmtw of 3241..67 feet to o Wr otim pot fotar5d ca the ]Northeast tiglttaofway line trf sold Trainer Hale koerd, a Weslurly corner of o 62.139 scm tract of land Cis describW in V a wkw 8434. Fhgc 1819 of the Official Puhtic K=ords of Rc4fl Property or Beater County, Tirxas, and being, this :Srauthwt*t corner of antis heroin. &- scribed 69 -11 l :wrne tart of Land; THF,h1C:E with the N rilaeast nghl -of -way Line of said Trxiner- Hale Romd, the fpllmviog ca4ts and dlstarrr es N 37h 11' 21" W it distruu c of 134.66 foes to a 14" Won pits wifli cap staampod "DAM tf5348 PROP- COR_" set fbr a zonrwr, N 38' 24' 49" W a distance of 652.94 fare[ to a %" irr}n on with ea§p staxnped "DAM 95348 PROP CGR_" set Jbr a t sxTmi it IL 27411 Rolling Creek. Spring Branch, TX 7$4170 1 71 1 Ordinance 15 -A - ## N48' 16'36'W a distaaee Df"332.53 tact to a !," irim pin with cal, stamped "DAM k5348 PIMP. COR-° 9st far a comr and & mm to 11w eft. and with said curve to Site left, having a Radius Df 6V.64 feet, an Arc Length af9 &09 fm s Delta Angle of 480 16'08", and a Chord bearing oind &mnue of N 49'x" 09' 32" W. 4B.00 feet to a to the POINT OF BEOfhi?JF�f j and cants nlrtg 6%111 acres oflartd, more or less; Bearings based urt ft Texas 5taie PIas Ctnvrlhtute Systtm, 7. Sonth Ceniml Lout: (4204� N.A -D 1983. 5urveynd raft the gloun l this the J :day ofJaatoiery.2014. OF � 13rw A. hjAWyef Kc&tw-vd Ptafessional LgmdSutxe at No. 534;8 �N5 PurAhVYEr�. TBPLS arm Rc�;istratiam #1�t91SdL1 53+}g h fS M1tW.b tLV_ al a lReiJecll L'L'rA$91 -Yrmer NmaV dBeC Ada69 $d t t l kL- A4A$ iW 2700 RiAling Creek. Spring 8rmch, Tit. 76070 1 T-. Z0.32�XR5® Ordinance 15 -A - ## k0l 0 P. 0 w Ordinance 15-A-## j W4 r p ee lip rA rol 61 q4 Ale lop Exhibit B "The Service Plan" CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 69.111 + /- acres of Land, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County, Texas, as shown on the map attached hereto as Exhibit "A ". INTRODUCTION This service plan has been prepared in accord" '" "with Local Government Code Section 43.056. Municipal facilities and services to the annexed a ;,�nce cribed above will be provided or made available on behalf of the City at the following levels and in ac' with the following schedule. s rt x3 & & & &,MF P POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area.. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City with like topography, land use and density as those found within the newly annexed area. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City may impose fees and provide the service. Ordinance 15 -A - ## OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING.h Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. OTHER SERVICES 'PBBBBBBBBBBBBBBD' "quo Other services that may be provided by the City such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS Police and Fire Protection and Solid Waste Collection The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 '/z years of the effective date of the annexation of the particular annexed area for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Cibolo, Texas with like topography, land use and population density as those found within the newly annexed areas. 2. Water/Wastewater Facilities For the next 2 '/z years, Cibolo finds and determines that there is sufficient capacity for wastewater to provide services to the annexed area pursuant to the City's extension policies. The construction of any capital improvements for water and wastewater services to an annexed area will be completed pursuant to the City's infrastructure extension policies. Ordinance 15 -A - ## Roads and Streets The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 1/2 years of the effective date of the annexation of the particular annexed areas. 4. Maintenance of Parks, Playgrounds, and Swimmim Pools and Any Other Publicly Owned Facility, Buildim, or Service The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 1/z years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services in any if the above service categories to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. SPECIFIC FINDINGS The City finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics. TERM This service plan shall be valid for a term of ten (10) years. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. Ordinance 15 -A - ## Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Development Services Subject: Ordinance No. 14 -5 -50 — Conduct a public hearing for consideration and/or action on a request to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The property is more specifically described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the intersection of FM 1518 and Lower Seguin Road. (First Reading) BACKGROUND The applicant is proposing to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The subject property is located at 12424 Lower Seguin Road, and is part of a larger 13 acre tract. The applicant has indicated that the primary reason for the proposed rezoning is to construct a single family home on the 2 acres, which is located at the rear of the property. The 2 acre tract is currently undeveloped. The remainder of the 13 acre tract is currently used for a commercial business. The public hearing notice was published in "The Daily Commercial Recorder" on November 24, 2014 and the "Herald" on November 26, 2014. Seven (7) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 6, 2014. Staff received one (1) response in favor of the request. Goal Sandy Barsness is requesting to rezone the approximate 2 acres tract of land to from Predevelopment District (PRE) to Single Family Residential/ Agriculture (RA) in order to build a single family home. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and Future Land Use Plan (FLUP). The FLUP designates the subject property as Estate Neighborhood which is defined as Residential Agriculture District (RA) base zoning with single - family residential uses only. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change is consistent with the proposed single - family residential use for Estate Neighborhood. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. The site is adjacent to Lower Seguin Road which is designated as a proposed 60 foot right -of -way on the Master Thoroughfare Plan. • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan and the proposed land use of single family residential. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on November 19, 2014 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of the zoning request based its compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 14 -S -50 ORDINANCE NO. 14 -S -50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2 ACRES OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO SINGLE FAMILY RESIDENTIAL /AGRICULTURE (RA). WHEREAS, an application to rezone approximately 2 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on November 19, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of the rezoning; and WHEREAS, on December 16, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Single Family Residential /Agricultural District (RA). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 16th day of December, 2014 PASSED, APPROVED AND ADOPTED on final reading the 6th day of January, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Bate, August 15, 2014 Project No: 237KOD Exhibit A "The Property" ENGINEERING, FIELD NHS DESCRIPTION 2.000 ACRES 7*ne RA INC. pug J of. A 2.000 sen4 tract of land out of tltc Julian Dla7 Survey ego. 66, Abair i No, l S7, .hexer County Block 5051), aatuuted in the (.' -ILy ofSchcnz, Bexar C.otrnty, `l_ ' king a ,portion of dwt [certain tmct of mini called to contain 12 -754 acres or land annveyd 10 Darren Barwk, and a44e, Sandy B�arsneNs in VoLumc 1134& Page 779 of the Ofi icial Puhlic Records of Real Property of Bexat Cunaty, Tev s9 "6�i� mom, patrtieulurly debcrihed as .fcFl Irru:g_ BEGINNING.- at .0 : *A inch iron red with cap mxrkcd " RI-15" COUnd lOr the SowNeststcri corner of the said 12.751 acne. trtx L. a earner of that ccnain 44)-556 acre tract or lard eonVeyed to I: toyd R. Faitley in Volume 8666, Rage 492 of the Official Public Rcciarda cf Real PToperty Of Bexar County. Texas. Four the Southrimtem comer of tlsis 2.000 acre Traci; THEN4vIL. S 59°34'4 1 " `4ir' - 43 6.30 f=t aiotig a linc of & said 40.S5& acre tract, tip Southern line of the said 12.' 54 acre tract in a ''A inch imn roKi found For the �, autheawarrt c -orner of that Mnain 12.754 acre tr ct (if Iund gAjRvcved to Ronald Scott Rccrnrr in Volume 1614, Page 1619 (f niher idesetibed in Volume 11294, Page 1845) of ihc Official Public Rec � of fiat I "ropr:rty of t ar County. Texas, for thte SMthwestetn comer u the said Barsness 12.754 acre trot, for the 1Sotiihwe'ZWr;n ocw=r or His 2,000 acre tract, '# H , NCE; N 50`.24,„ „ fit; - 199.31 162t along the Weawn line of the said ]mss 12.754 acre tract, the P.asiern Iine of the said R.ouald ,Scott Roemer 12.754 acre tract 1.0 a pint %r the NorthwcsLem garner of ithis 2-WO acre track fjQru which a V'± inch [Mil roil with yellow ptastiu cats mwked 4'Taid 1' .n1; Inc" set cn the Southeamm line of I omcr Seguin Road, for the NorEhwestem canner of Lhe said Baraess 12.754 acre tract, Lha Konbmstwn corer of the s6d Ronald Scott Roemer 12-754 acre tried br: m N 10,2477 W- 1141,11 TIMNCE. N 59"3536" E - 4a$_ 16 Cwt scm-N ire Said HirNncs.: 1 2,754 acne tnci t -Li a point on the Eastti-n L ne of the said l ommem 02.754 uere tract, a line of the said Uny,d R. Vairley 40.5 56 acrc tract; 'far the NotThea,t- rn corner of this 2.000 4pure Wut, frr)m which a Aa inch iron roof with yellow plastic cap marked "Ford Eng liiie'&eE for the Nurthcmtem 10 9) 7 WYE LKR T 5UTT[ e04, '.SAN ANTONIO, TEXAS 78217 12id }M4777 FAX: SM -4940 1- BK- 351�-3ioq wpb sae; www.wdenglne. &�com, WE NO. f -t 162 r YFORD ENGINEERING. INC, P.3&ff z pfl Qorncr of ibc salmi Ilarsness 1 '2,754 acre tact Dn Me SOLMRm lime of Lower &guin Road K N 29,052,21 " 1W- 911.9)o row THENCE, S 2"PST21" E - 199.20 feet along Ife E=astem line of the said Harsmmq 12.754 am tt&L -a line of the said IJoyd R. fa rluy 40-556 aerc butht to the POINT OR BEGINNING and ocpwiinLng 2,DDO acm of latid, 40cefirding to a surh y mudle an lix, grmind under o�I- u rvi,shm C--owasponding plat bpd. 2379.001Rcb•Z..aning R k.dwx BEAJU T GSAlRL+A 0,71 ON # E Y TA ! E# IA NF. 4-4rOa4d+INA T SM1.' ;a!Flf E TABLISMED FOR THE TF— YASSOUTH CENTRAL ZONE, 4204, NAD 93 64 L. Auckca ._._:f- EXI- -- ---- Tip- Registered Prof�ssaonal Lijnd Surveyor Liumm f* umber 55' 3 10921 WYE LY.KIV :, 5U17 E 104, SAN ANTDNIO, TFXAS ?R217 42119 59D,477? FAX- 510AM t -M- 332 -3-10 WEb Site. www-fbr�l en0neKWgmm TOPE No F 1163 Exhibit B "The Property" tit i '.: F ll, 7 t I- I Ell 31111 a 1-h EE Z9 T j!j gill - N. Ell Yt RIB 9 A-, Jig; al gall In 5 v A;— ' "Y' I L 3 4y k0 0 In i Ell. Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Parks and Recreation Subject: Resolution 14 -R- 101- Modification to the existing contract for construction of the new soccer fields BACKGROUND Goal To modify the existing contract with Alpha Building Corporation to increase the contract amount from $3,633,519.00 to $3,648,202.87, plus a City controlled contingency of $10,000.00, bringing the not -to- exceed amount to $3,658,202.87. In the initial contract negotiations the electrical transformer was excluded from the Contract and was to be provided and installed by the City. Due to cost savings realized in the course of the project, the transformer was added to the Scope of Work in order to place it under the Contractor's warranty period including installation of the underground wiring. The amount of Change Order Number 005 is the amount required to increase the capacity of the transformer to be capable of supporting any and all future field lighting at the site. Community Benefit The community will benefit from having the ability to install future playing field lighting without having to upgrade or replace or add additional transformers in the future to accept the additional lighting Reasons for Contract Modifications To increase the capacity of the transformer in order to provide electricity for future field lighting. Fiscal Impact Funds for this will be from the 2010 Bond for the Athletic Fields RECOMMENDATION Approval of Resolution 14 -R -101 ATTACHMENT(S) Resolution No. 14 -R -101 RESOLUTION NO. 14 -R -101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City amend the current agreement with Alpha Building Corporation, Inc. for the renovation of the existing soccer fields and construction of a new concession building and parking lots and associated support systems; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Agreement with Alpha Building Corporation, Inc., and the Change Order attached hereto as Exhibit A (the "Change Order "). 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 a Contract Modification with Alpha Building Corporation, Inc. The total amount payable under this Contract shall not exceed $3,648,202.87 plus $10,000.00 of City contingency funds for a total amount Not to Exceed (NTE) $3,658,202.87. 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 16th day of December, 2014. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A ALPHA BUILDING CORPORATION, INC CONTRACT MODIFICATION =��'� =AIA Document G70'IT" - 200'1 Change Order PROJECT (rvpma and address): CHANGE ORDER NUMBER: 005 OWNER: Soccer Field Renovations Rc DATE: October 20, 2014 ARCHITECT: � Concession Building CONTRACTOR: 75 Maske Road SchaRZ, Texas 78154 FIELD: Q TO CONTRACTOR Mame arrd add ess): ARCHRECT'3 PROJECT NUMBER: PO # 33 -63285 OTHER: Q Alpha Building Corporation CONTRACT DATE: Sane 25, 2013 4738 Whirlwind Drives CONTRACT FOR: General Consttuction San Antonio, Texas 78217 THE CONTRACT IS CHANGED AS FOLLOWS: (I lade, whar �( /cable, asry undispnred amo,mr artribvmb /e ro prevtotmYy exacared Conrrrrecr /on Change Oirecr /vest See attached Change Ober backup for details The original Can Vac[ Sum was S 3,504.037.00 The veI change by pmyiously authorized Cfiange Orders S ]23.684.54 The Contract Sum prior to this Change Order was S 3.627.72L54 The COnttad Sum will be increased by this Change Order in the amount of S 14 683.87 The new Contract Bum including this Change Older will be E 3.642.405.43 The Contract Tim will be increased by Zero (0) days. The date of Substantial Completion as of the date of this L'fiange Ordcr [hvefore is NOTE: This Change Order does no[ include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Changc Directive NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER LUCK Desi¢n Tram, LLC ARCHITECT (Firm name) 9600 arpmeni B vd., S e 745 -4 A��ust��it as 7 7 ADDRO BY /s /Snan Brmt Luck (]}rped name) October 20. 2014 DATE Aloha Huildin¢ Comora[ion CONTRACTOR (Firm name) 4738 Whirlwind- Etrive San Ott as 78217 ADD BY (Si8» eu.) n.s.a ?YPed nanreJ �ka�rae a Z9_ _ 20 fzj City of Schertz OWNER (Firm non, J 1400 Schertz Parkway Schers, Texas 78154 ADDRESS BY lsiynano� (y}•Ped rror reJ AIA nacumant G]9T'� —209L Gopyri9bt ®1899, 198]. 2000 end 2001 by TM1a Ametlean Inellluta olhmM1llacL. All r19ht¢ reaarvatl. WARNING: Thle AIA° Gocumant Is probc[etl by V.3. Copytlght Lvw antl Intematlonsl Traa[Iea. Unvulbonaatl reprotluctlon or tlbMbutlon at thb AIA° noeumant, or any ,I portion cI lt. may ref alt In awaro dull antl c ominvl paneltlas. antl will W proieeu[M to the maximum axon[ po¢¢Ibla antler the Ivw. Thl¢ tlmument Vea vNOtpea by AIA ¢oawera at'1 t'4T24 nn /2 e/20'I4 under Ortler No 2aebat]9]9 which axploae on 10/20/2015, antl 1¢ not for resale. (999A0A2B) ,�,ALPNA 9UILDING <ORVORATION Flat CM1o4x Far FadllNea FenowNan b Camfmrlion Alpha Building Corporation R¢go¢st for Change Order #7 Date: 8/12/14 Owner: City of Schetz Architect: Bront Luck ALPHA Project No. 9351002 Description: Schertz Soccer Field Complex Inclusions: Base bid amount of transformer coats paid by Alpha Building Corp_ when actually owners reaponsibitity. Coats: Pre - Priced Work: $ 14,683.57 Bonds $ Total: $ 14,653.97 Alpha Building Corporation Mike Durish Area Manager Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Public Works Subject: Resolution No. 14 -R -101— A Resolution by the City Council of the City of Schertz, Texas authorizing a contract with M2 Federal, Inc. related to the Pickrell Park ADA Walkway Project and other matters in connection therewith BACKGROUND The City desires to construct 1,740 linear feet of sidewalk within Pickrell Park, with an emergency vehicle access and a passenger loading area, 80 feet long, off of Aero Avenue, and an emergency vehicle access point at the Poplar Street pavilion. Currently, no sidewalks exist in Pickrell Park. City Council approved an application for a grant from the Community Development Block Grant Program (CDBG) with Bexar County in February 2013 by Resolution 13 -R -12. Approval of the City -match grant was received on June 24, 2014 in the amount of $61,884. Per requirements of the Grant, the City is required to match 50% of the funds. Four bids were received on November 6, 2014. Review and tabulation of the bids indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594 and Additive Alternate 1 Bid of $23,214 with two irregularities. A clerical error by the bidder in the tabulation of the total cost for the project and some unit prices in figures did not match the written unit price. The revised low bid cost is $121,844 with an Additive Alternate 1 of $23,214. Staff concurs with the recommendation from Ford Engineering, Inc. to hire M2 Federal, Inc. with a base bid of $121,844 and an Additive Alternate #1 of $23,214 for a total construction cost $145,058. Pickrell Park ADA Walkwav Budget Engineering $9,115 Construction $145,058 Legal $500 Advertising $500 Other Prof. Services $1,000 Project Total $156,173 CDBG Grant $ 61,884 City Responsibility $94,289 CDBG requires the City to pay invoices and then submit for reimbursement. The total reimbursement to be received by the CDBG Grant is $61,884. The cost of the project is higher than the 50% match grant from CDBG. The City opted to proceed with Additive Alternate #1 to extend the sidewalk to a wider width. The funds from CDBG will remain the same at $61,884; the City has set aside the matching $61,884 in a project account. The remaining of the monies will be paid from the Parkland Dedication Fund in the amount of $32,405. Goal Approve Resolution 14 -R -101 for the construction of the Pickrell Park ADA Walkway Project. Community Benefit Greater accessibility to Pickrell Park for mobility- challenged visitors. Summary of Recommended Action Staff recommends Council approve hiring M2 Federal, Inc. in the amount of $135,808 for the Pickrell Park ADA Walkway Project. At the December 9 City Council meeting, the possibility of adding a pedestrian bridge over the drainage channel was discussed. Staff is working on a possible submittal for an additional CDBG grant to construct a looped trail on the other side of the drainage channel and will evaluate including a bridge in that submittal. The fact that the park is in the floodplain creates a challenge in constructing structure like a bridge that may make this difficult. FISCAL IMPACT Construction costs total $145,058 with the total cost of the project totaling $156,173. The project was originally to be funded 50% by the CDBG Grant and 50% from the Parkland Dedication Fund. However, due to decision to exercise the Add Alternate #1, the City will be responsible for an amount not to exceed $94,289 to be paid for from the CDBG Matching Grant Project Account and the Parkland Dedication Fund. CDBG will contribute the remaining $61,884. On December 9, 2014 Council approved Ordinance 14 -T -49 allocating the additional $34,405 for the project. Final Reading is scheduled for December 16, 2014. RECOMMENDATION Staff recommends Council approval of Resolution 14 -R -101 ATTACHMENTS Resolution 14 -R -101 Bid Tabulation & Recommendation from Ford Engineering, Inc. Grant Agreement from Bexar County (CDBG) Exhibit RESOLUTION NO. 14 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH M2 FEDERAL, INC. RELATED TO THE PICKRELL PARK ADA WALKWAY PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from M2 Federal related to the construction of the Pickrell Park ADA Walkway Project; and WHEREAS, City staff has received qualifications indicating that M2 Federal, Inc. is qualified to provide such services for the City; and WHEREAS, the City has received a grant from Bexar County Community Block Development Grant (CDBG) and the total cost of the proceed is not to exceed $134,883 with the City being responsible for $94,289; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with M2 Federal, Inc. pursuant to the recommendation made by Ford Engineering, Inc. 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 contract with M2 Federal, Inc. for the Pickrell Park ADA Walkway Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 16th day of December, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- IJ FORD ENGINEERING, INC. Project No. 1124.9201 Mr. Charles Van Zandt City of Schertz Schertz, Texas 78154 Re: LETTER OF RECOMMENDATION Pickrell Park: Ada Access - Park Paths of Travel and Amenities Connectivity ", #14- PK- 43 -C -03 Four (4) bids were received on the above referenced project at Public Works on November 4, 2013. One bid was considered non - responsive as to the requirements set forth in the Instructions to Bidders. The bids are tabulated and attached, along with supporting information required in the Instruction to Bidders. Review and tabulation of the bids indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594.00, and Additive Alternate 1 Bid of $23,214.00, with two irregularities. A clerical error by the bidder in the tabulation of the total cost for the project and some unit prices in figures not matching the written unit price. The revised total Base Bid cost is $121,844.00 with and Additive Alternate 1 of $23,214.00. The Engineer's Estimate for the Base Bid construction was $114,811.70, the second lowest bid was $165,995.65 for the Base Bid, and the average Base Bid was $ 171,481.41. Ford Engineering, Inc. called three of the references provide by the low bidder for projects of similar scope or cost. Most references projects were for federal work. The references were positive with regards to quality of work and working relationship, and additional projects were awarded to M2 Federal, Inc. by all the referenced entities contacted. It is our recommendation that the City award the contract to M2 Federal, Inc. for the Base Bid in the amount of $121,844.00, with the clarification of written unit prices to match the unit price in figures. Should there be questions, or if further information is needed, please do not hesitate to call me at 210 -590 -4777. Sincerely xz E% Mark B. Hill, PE FORD ENGINEERING, INC. Incl. Bid Tabulation, Verification of Low Bidder Unit prices, required items as per ITB 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 PICKRELL PARK: ADA ACCESS - PARK PATHS OF TRAVEL AND AMENITIES CONNECTIVITY #14- PK- 43 -C -03 BID TABULATION BID DATE: November 4, 2014 Project No. 1124.8416 M2 Federal, Inc. R.L. Rhode MLP Ventures Myers Concrete ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization LS 1 S 10,000.00 $ 10,000.00 $ 8,100.00 $ 8,100.00 $ 23,359.00 $ 15,587.00 $ 15,587.00 2 Traffic Control and Regulation LS 1 $ 2,500.00 $ 2,500.00 $ 2,800.00 $ 2,800.00 $ 1,496.00 $ 9,657.15 $ 9,657.15 3 Storm Water Pollution control LS 1 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 1,496.00 S 2,941.00 $ 2,941.00 4 Meter Boxes EA 1 $ 250.00 $ 250.00 $ 450.00 $ 450.00 $ 63.00 S 395.00 $ 395.00 5 Remove Concrete Pavement, Com lete SY 13.3 $ 75.00 $ 997.50 $ 38.00 $ 505.40 $ 1,604.00 $ 114.50 $ 1,522.85 6 Remove concrete Curbs, Gutter LF 160 $ 10.00 $ 1,600.00 $ 10.00 $ 1,600.00 $ 1,722.00 $ 26.75 $ 4,280.00 7 Flexible Base 8" SY 145 $ 25.00 S 3,625.00 $ 20.00 $ 2,900.00 $ 9,819.00 $ 48.65 $ 7,054.25 8 HMAC Type D 2" TON 16 $ 210.00 $ 3,360.00 $ 300.00 $ 4,800.00 $ 9,279.00 $ 410.50 $ 6,568.00 9 Prime Coat Gal 29 $ 30.00 $ 870.00 $ 8.00 $ 232.00 $ 723.00 $ 47.50 $ 1,377.50 10 Thermoplastic Pavment Markings Yellow 4" LF 211 $ 4.00 $ 844.00 $ 2.75 $ 580.25 $ 263.00 $ 5.00 $ 1,055.00 11 Thermoplastic Pavment Markings White 8" LF 117 S 5.00 $ 585.00 S 4.00 $ 468.00 $ 146.00 $ 10.00 $ 1,170.00 12 Curb LF 22 $ 30.00 $ 660.00 S 25.00 $ 550.00 $ 384.00 1 $ 26.25 $ 577.50 13 Flush Curb LF 145 $ 25.00 $ 3,625.00 $ 18.00 $ 2,610.00 $ 1,627.00 $ 26.00 $ 3,770.00 14 Concrete Sidewalk SY 1685 $ 53.00 $ 89,305.00 $ 81.00 $ 136,485.00 $ 127,074.00 $ 89.15 $ 150,217.75 15 Sod SY 283 $ 7.50 $ 2,122.50 1 $ 5.00 $ 1,415.00 1 $ 10,311.00 $ 9.00 $ 2,547.00 Total Base $ 121,844.00 1 $ 165,995.65 1 1 $ 189,366.00 1 $ 208,720.00 Additive Alternate No. 1 1 Concrete Sidewalk SY 438 $ 53.00 $ 23,214.00 $ 81.00 $ 35,478.00 $ 31,859.00 $ 87.00 F$E Total ADD ALT 1 $ 23,214.00 $ 35,478.00 S 31,859.00 TOTAL BID Including ADD ALTS I 1 1 $145,058.00 1 $201,473.65 1 $221,225.00 1 $246,826.00 Bid Tabulation LAZY OAK ROAD RECONSTRUCTION #13- ENG- 35 -C -01 LOW BIDDER PRICE VERIFICATION BID DATE: 11/4/2014 Project No. 1124.8416 Low Bidder Average Bid Engineers Est % DIFF FROM AVERAGE % DIFF FROM ESTIMATE ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE UNIT PRICE UNIT PRICE % % 1 Mobilization LS 1 $ 10,000.00 $ 11,229.00 $ 5,000.00 -11% 100% 2 Traffic Control and Regulation LS 1 $ 2,500.00 $ 4,985.72 $ 3,000.00 -50% -17% 3 Storm Water Pollution control LS 1 $ 1,500.00 $ 2,313.67 $ 3,000.00 -35% -50% 4 Meter Boxes EA 1 $ 250.00 $ 365.00 $ 145.00 -32% 72% 5 Remove Concrete Pavement, Complete Sy 13.3 $ 75.00 $ 75.83 $ 4.00 -1% 1775% 6 Remove concrete Curbs, Gutter LF 160 $ 10.00 $ 15.58 $ 4.00 -36% 150% 7 Flexible Base (8 ") Sy 145 $ 25.00 $ 31.22 $ 9.50 -20% 163% 8 HMAC Type D (2 ") TON 16 $ 210.00 $ 306.83 $ 85.00 -32% 147% 9 Prime Coat Gal 29 $ 30.00 $ 28.50 $ 4.00 5% 650% 10 Thermoplastic Pavment Markings (Yellow) (4 ") LF 211 $ 4.00 $ 3.92 $ 2.00 2% 100% 11 Thermoplastic Pavment Markings (White) (8 ") LF 117 $ 5.00 $ 6.33 $ 2.00 -21% 150% 12 Curb LF 22 $ 30.00 $ 27.08 $ 12.00 11% 150% 13 Flush Curb LF 145 $ 25.00 $ 23.00 $ 12.00 9% 108% 14 Concrete Sidewalk Sy 1685 $ 53.00 $ 74.38 $ 57.00 -29% -7% 15 Sod Sy 283 $ 7.50 $ 7.17 $ 5.00 5% 50% 0 Total Base 0 0 $ 121,844.00 $ 171,481.41 $ 114,811.70 -29% 6% 0 Additive Alternate No. 1 1 Concrete Sidewalk Sy 438 1 $ 53.00 1 $ 73.67 Low Bidder Unit Price Evaluation ti' :a Ell STATE OF TEXAS § COMMUNITY DEVELOPMENT § BLOCK GRANT PROGRAM § INTERGOVERNMENTAL COUNTY OF BEXAR § COOPERATIVE AGREEMENT This Community Development Block Grant ("CDBG Program Intergovernmental Cooperative Agreement (the "Agreement") is entered into this a day of ELAL P- ' 2014, between the COUNTY OF BEXAR, TEXAS ("COUNTY "), a political subdivision of the State of Texas, through its Department of Community Resources (the "Department") and CITY OF SCHERTZ ( "SUBRECIPIENT'), a municipal corporation of the State of Texas (also, individually, a "Party" or, collectively, the "Parties" ), for participation in COUNTY's Year 2013 Year CDBG Program, CFDA # 14.218, Project Number B- 13- UC-48- 0500. RECITALS COUNTY has received CDBG Program funds from the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1374, as amended, and SUBRECIPIENT, a jurisdiction participating with COUNTY for CDBG funding eligibility, has requested that COUNTY provide funds for the Pickrell Paris Improvements Project. COUNTY believes it to be in the best public interest and benefit to provide assistance to the SUBRECIPIENT with the Pickrell Park Improvements Project, which is a CDBG Program activity and meets the national objective of Limited Clientele. ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide CDBG Program funds for the Pickrell Paris Improvements Project (the "Project") that includes but is not limited to the design and construction of ADA walkways in Pickrell Park located within the City of Schertz. ARTICLE H EFFECTIVE DATE OF AGREEMENT 2.01 This Agreement is effective on the date it is executed by COUNTY. Costs incurred prior to that date will not be eligible for reimbursement. Furthermore, no reimbursements will be made pursuant to this Agreement until HUD releases the grant funds for the Project. ARTICLE III GRANT AWARD 3.01 COUNTY awards SUBRECIPIENT a grant not to exceed $61,884 for the Project from COUNTY'S Year 2013 CDBG Program. 0 3.02 SUBRECIPIENT's grant award may not exceed $61,884 under any circumstances, but may be less than that amount and will be determined by actual costs of the Project.. 3.03 Upon completion of the Project, COUNTY will, by written notice to SUBRECIPIENT, deobligate any part of the CDBG Program funds allocated under this Agreement that were not needed to complete the Project 3.04 COUNTY may, by giving written notice to SUBRECIPIENT, increase the CDBG Program funds allocated under this Agreement if SUBRECIPIENT determines that the allocation is insufficient to complete the Project and COUNTY has other unencumbered funds available. ARTICLE IV SUBRECIPIENT SERVICES 4.01 Professional Services: a. SUBRECIPIENT shall utilize its Architect or Engineer (the "Professional") for development of plans and specifications for the Project. b. SUBRECIPIENT shall submit to COUNTY its Professional's fee proposal for approval by COUNTY prior to starting any work. Upon approval of the Professional's fee proposal, SUBRECIPIENT may authorize its Professional to begin development of plans and specifications for the Project. Funding to SUBRECIPIENT for professional services is reimbursable and payable in accordance with terms and conditions approved by SUBRECIPIENT and COUNTY in writing for professional services to reflect the following: (1) Preliminary Design Phase 25% (2) Construction Documents Phase 40% (3) Bidding Phase 5% (4) Construction Phase 30% C. Upon completion of each phase, SUBRECIPIENT shall request reimbursement of payments by submitting the following documentation to COUNTY: (1) A copy of the work completed by the Professional; (2) A copy of the Professional's invoice to SUBRECIPIENT; (3) Copies of any COUNTY approved change order(s) and/or amendments to the Professional's contract and City Council action approving same, along with COUNTY's prior approval of same; and (4) A copy of SUBRECIPIENT'S canceled check, verifying payment to the Professional. d. SUBRECIPIENT's Professional shall prepare and provide COUNTY written construction cost estimates for the Project. COUNTY shall approve cost estimates prior to construction. a SUBRECIPIENT shall have ninety (90) calendar days from the date of execution of this Agreement to complete plans and specifications for the Project. 4.02 Construction Services: a. Upon completion of the plans and specifications, SUBRECIPIENT may obtain, through a competitive bid process, a contractor to construct the Project in accordance with said plans and specifications. Any contracts entered into by SUBRECIPIENT must have the prior written approval of COUNTY. COUNTY will not make any reimbursements to SUBRECIPIENT when prior written approval for the contract by COUNTY was not obtained. b. SUBRECIPIENT may construct a portion of the Project using SUBRECIPIENT's employees. COUNTY shall reimburse SUBRECIPIENT only for the material costs associated with the portion of the Project constructed using SUBRECIPIENT's employees. C. Payment under this Agreement to SUBRECIPIENT will be based on the SUBRECIPIENT's actual cost of materials, supplies, and contracted -for construction. d. Funding to SUBRECIPIENT for all construction, including materials and supplies, cannot exceed the grant award, less professional services. Requests for reimbursement of payments under the written construction contract may be made by submitting the following documentation to Department's Housing and Community Development Division, 233 N. Pecos, Suite 350, San Antonio, Texas 78207: 1. A copy of the construction contract with COUNTY'S written approval; 2. A copy of the contractor's invoice and SUBRECIPIENT's material supplier's cost invoice; 3. A copy of the application for payment on all work completed by the contractor(s) and approved by SUBRECIPIENT's Professional; 4. Copies of any addendum, change orders and/or amendments to the construction contract, SUBRECIPIENT's action approving same, along with prior written approval of COUNTY; 5. Certified copy of City Council's minutes where the SUBRECIPIENT accepted and approved each contractors request for payment and a copy of SUBRECIPIENTs canceled check verifying payment to the contractor and to the material supplier(s). M � N e. SUBRECIPIENT's Professional shall prepare change orders and/or amendments to the construction agreement in duplicate for review and approval by COUNTY. Each change order must be specific and final as to prices and extension time. with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the change order. Change orders must be submitted to the Department for approval by COUNTY before any work is performed. COUNTY will not pay any change order that has not been previously approved by COUNTY pursuant to these provisions. Total change orders may not exceed 25% of the original construction contract prig. The total construction costs. including Change Orders, must not exceed the amount allocated by COUNTY for the construction of the Project under any circumstances. ARTICLE V PROJECT REQUIREMENTS 5.01 SUBRECIPIENT shall obtain professional and construction services necessary for the project, all in accordance with engineering specifications as required. 5.02 SUBRECIPIENT agrees that the Project will be completed according with normal engineering standards and pursuant to specifications, including any amendments and addenda, as finally approved by COUNTY. 5.03 SUBRECIPIENT shall ensure completion of the Project if the allocated CDBG Program funds are not available or sufficient to cover total Project costs. 5.04 SUBRECIPIENT will work diligently to complete the Project within one year of the execution of this Agreement. If SUBRECEIPIENT is unable to complete the Project within this timeframe, SUBRECIPIENT will notify the COUNTY and the Parties will arrive at a mutually acceptable completion date. ARTICLE VI GRANT REVIEW 6.01 The Department is the Administrative Office for COUNTY'S CDBG Program and will be the primary contact regarding the CDBG and this Agreement. 6.02 If SUBRECIPIENT utilizes subcontractors in performing any obligation required by this Agreement, the Department staff shall, prior to execution of all contractual agreements, review and approve the selection process, bidding procedures and all proposed agreements, if any, entered into by SUBRECIPIENT. A written agreement will be required for construction services. 6.03 The Department staff will determine what is eligible for reimbursement under this Agreement. 4 ARTICLE VII PROGRAM INCOME 7.01 In accordance with 24 CFR 570.500(a), the term "Program Income" means gross income received by the SUBRECIPIENT directly generated from the use of CDBG Program funds. When Program Income is generated by an activity that is only partially assisted with CDBG Program funds, the income shall be prorated to reflect the percentage of CDBG Program funds used. Program Income includes, but is not limited to, the following: a. Proceeds from the disposition by sale or long -term lease of real property purchased or improved with CDBG Program funds; b. Proceeds from the disposition of equipment purchased with CDBG Program funds; C. Gross income from the use or rental of real property acquired by the SUBRECIPIENT with CDBG Program funds, less costs incidental to generation of the income; d. Gross income from the use or rental of real property owned by the SUBRECIPIENT that was constructed or improved with CDBG Program funds, less costs incidental to generation of the income; e. Interest earned on Program Income pending its disposition. 7.02 Program Income does not include proceeds from the disposition of real property acquired or improved with CDBG Program funds when the disposition occurs five years after expiration of this Agreement. 7.03 By the tenth of each month, SUBRECIPIENT shall report and return to COUNTY all Program Income received or accrued during the preceding month. The monthly reports must be submitted to COUNTY commencing from the date of completion of the Project until five years thereafter. Alternative arrangements to this requirement may be made only upon written request to and written approval by COUNTY. 7.04 Records of the receipt and disposition of Program Income must be maintained by SUBRECIPIENT in the same manner as required for other Agreement funds and must be submitted to COUNTY in the format prescribed by COUNTY. SUBRECIPIENT shall maintain records of Program Income for five years after submission of the final monthly report. 7.05 SUBRECIPIENT must include this Article VII in its entirety in all of its subcontracts involving income - producing services or activities. 7.06 SUBRECIPIENT must obtain from COUNTY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or from the performance thereof, constitutes Program Income. Unless otherwise approved in writing by COUNTY, SUBRECIPIENT shall be responsible to COUNTY for the repayment of any and all amounts determined by COUNTY to be Program Income. 5 E ARTICLE VIII PROGRAM RECORDS & REQUIREMENTS 8.01 SUBRECIPIENT shall comply with all federal, state, and local laws and ordinances applicable to COUNTY for the work or services under this Agreement. 8.02 SUBRECIPIENT shall maintain all financial records in accordance with Audits of State, Local Governments, Non -Profit Organizations, OMB Circular A -133; Cost Principals for State and Local Governments, OMB Circular A -87; and Administration Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85. 8.03 COUNTY shall have no obligation to release funds to SUBRECIPIENT until a representative of COUNTY has reviewed SUBRECIPIENT's fiscal and accounting procedures to insure compliance with federal requirements. 8.04 COUNTY shall conduct, at a minimum, monthly monitoring visits to SUBRECIPIENT's Project site to determine performance and compliance with rules and regulations governing the CDBG Program. These rules and regulations are outlined in the Federal Compliance Manual, which outlines documentation and reporting requirements for SUBRECIPIENT. 8.05 SUBRECIPIENT shall maintain books, records and other documents relating directly to the receipt and disbursement of grant funds. 8.06 SUBRECIPIENT shall allow any duly authorized representative of COUNTY, the Secretary of HUD, or the Comptroller General of the United States, at all reasonable times, to have access to and the right to inspect, copy, audit, and examine all books, records and other documents of closeout procedures respecting this grant, until final settlement and conclusion of all issues arising out of this activity are completed. 8.07 SUBRECIPIENT shall have an independent auditor audit the expenditure of funds pursuant to this Agreement as part of the annual audit performed on SUBRECIPIENT. The audit, with respect to the funds under this Agreement, must be performed in accordance with the requirements of OMB Circular A -133. The audit report will include SUBRECIPIENT's expenditures and revenues for the same time period as COUNTY's fiscal year. SUBRECIPIENT agrees to maintain all fiscal records and supporting documentation for a period of five years after the Project is reported on for the final time. If any expenditures under this Agreement are found to be ineligible for reimbursement by the original audit, and/or any subsequent audits performed within three years following the acceptance of the original audit, SUBRECIPIENT shall reimburse COUNTY for those expenditures declared ineligible within ninety (90) days after being notified in writing of the findings. 8.08 SUBRECIPIENT shall comply with all rules and regulations as described in 24 CFR, Parts 570, Subparts A through O of the CDBG Program, including but not limited to, the Uniform Administrative Requirements described in Section 570.502. 6 14 8.09 SUBRECIPIENT shall also comply with Subpart K and other Program Requirements in accordance with 24 CFR 570.600 through 570.612 and pursuant to Section 104(b) of the Housing & Community Development Act, except that a. SUBRECIPIENT does not assume COUNTY's environmental responsibilities identified in 24 CFR 570.604; and b. SUBRECIPIENT does not assume COUNTY's responsibility for initiating the intergovernmental review process of Executive Order 12372 described at 24 CFR 570.612. 8.10 The Federal Compliance Manual is incorporated into this Agreement and made a part of its terms and conditions. SUBRECIPIENT shall comply with all requirements as outlined in the Federal Compliance Manual. 8.11 HUD's Federal Labor Standards Provisions (HUD - 4010) are incorporated into and made part of the terms and conditions of this Agreement. ARTICLE IX TERMINATION AND DEFAULT 9.01 COUNTY may, for any reason, terminate the whole or any part of this Agreement after ten (10) days written notice to SUBRECIPIENT. COUNTY shall pay SUBRECIPIENT for the amount of work completed up to the termination date of this Agreement. 9.02 Upon default or termination of this Agreement, SUBRECIPIENT shall transfer to COUNTY all CDBG Program funds and Program Income, along with any accounts receivable attributable to CDBG Program funds within three (3) business days. 9.03 In accordance with 24 CFR 85.43, COUNTY may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any item herein. This Agreement may also be terminated for convenience in accordance with 24 CFR 85.44. ARTICLE X FURTHER REPRESENTATIONS, - WARRANTIES AND COVENANTS 10.01 SUBRECIPIENT further represents and warrants that: a. All information, data or reports ever provided or to be provided to COUNTY is, will be, and will remain complete and accurate as of the date shown on the information, data or report, and that since said date shown, will not have undergone any significant change without written notice to COUNTY. b. Any supporting financial statements ever provided, or to be provided to COUNTY are, will be, and will remain complete, accurate and fairly reflective of 7 the financial condition of SUBRECIPIENT on the date shown on the statements and during the period covered thereby, and that since said the date shown, except as provided by written notice to COUNTY, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or proceedings are presently pending or threatened against SUBRECIPIENT relating to the Agreement or Project. d. None of the provisions contained herein contravene or in any way conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing obligation or agreement of SUBRECIPIENT. e. SUBRECIPIENT has the legal authority to enter into this Agreement and accept payments, and has taken all necessary measures to authorize the execution of the Agreement and acceptance of payments under it. 10.02 During the period of time that payment may be made under the Agreement and so long as a payment is due and payable, but has not yet been paid, SUBRECIPIENT covenants that it shall not, without the prior written consent of COUNTY: a. Sell, convey, mortgage, pledge, or otherwise encumber or cause to be encumbered any of the assets of SUBRECIPIENT now owned or hereafter acquired by it through the use of CDBG Program funds, or permit any pre- existing mortgages, liens, or other encumbrances to remain on or attached to any of the assets of SUBRECIPIENT that are allocated to the performance of this Agreement and with respect to which COUNTY has ownership hereunder; or b. Sell, assign, pledge, transfer or otherwise dispose of CDBG account receivables, notes or claims for money due or to become due. 10.03 SUBRECIPIENT warrants and represents that it is a municipal corporation, duly organized, validly existing and in good standing under the laws of the State of Texas, is qualified to conduct business and is in good standing in such, and has all power and authority to conduct its business as presently conducted. 10.04 SUBRECIPIENT warrants and represents that: a. SUBRECIPIENT has the power and authority to enter into and perform this Agreement; and b. this Agreement, when executed and delivered, will be a valid and binding obligation of SUBRECIPIENT enforceable in accordance the its terms. 10.05 SUBRECIPIENT warrants and represents that the execution, delivery and performance of this Agreement: 8 a. have all been duly authorized by all necessary action; b. are within the power and authority of SUBRECIPIENT; C. do not and will not contravene or violate the organizational documents of SUBRECIPIENT; d. do not and will not result in the breach of, or constitute a default under, any agreement or instrument by which SUBRECIPIENT or any of its property may be bound or affected; and e. do not and will not result in the creation of any lien upon any property of SUBRECIPEENT. SUBRECIPIENT further warrants and represents that all necessary permits, registrations and consents for the execution, delivery and performance of this Agreement have been obtained. 10.06 Each of the foregoing representations, warranties and covenants will be continuing and deemed repeated each time SUBRECIPIENT submits a new request for payment in accordance with the terms, provisions and requirements of this Agreement. ARTICLE XI PERFORMANCE RECORDS AND REPORTS 11.01 As often and in such form as COUNTY may require, SUBRECIPIENT shall furnish to COUNTY any performance records and reports deemed by COUNTY to be pertinent to matters covered by this Agreement. ARTICLE XII INSURANCE 12.01 In all contracts entered into by SUBRECIPIENT on the Project, SUBRECIPIENT shall include provisions reflecting: a. With regard to insurance coverage during the construction phase of the Project, SUBRECIPIENT shall require all consultants, contractors, subcontractors and suppliers to maintain the insurance coverage limits which are sufficient to compensate COUNTY and SUBRECIPIENT for their respective interests in the Project with regard to any liability a third party may have due to the services, equipment, or materials provided for construction of the Project. COUNTY and SUBRECIPIENT shall be named as an additional insured on all policies. SUBRECIPIENT shall provide COUNTY's designated representative with copies of the completed certificates of insurance which certificates shall be completed by an agent authorized to bind the named underwriters and their companies to the coverage limits and termination provisions shown thereon. COUNTY reserves the right to review the insurance mquirements during the effective period of this Agreement, and any extension or renewal hereof, and to modify insurance coverage and limits when deemed necessary and prudent by 9 0 COUNTY's Risk Manager based upon changes in statutory law or court decisions. SUBRECIPIENT will not allow any modifications to the insurance coverage through which COUNTY may incur increased risks. b. SUBRECIPIENT shall require all contractors and service providers to maintain statutory worker's compensation insurance for all of their employees with a waiver of subrogation in favor of COUNTY and SUBRECIPIENT. C. COUNTY shall require in its contracts with third party providers of services, construction, and materials an indemnification of COUNTY and SUBRECIPIENT, their officials, employees, and agents from all claims by third parties. d. SUBRECIPIENT will require the consultants, contractors, and any subcontractors to provide all statutorily required payment and performance bonds at no additional cost to the Parties. On services for which performance bonds are not statutorily required, SUBRECIPIENT shall determine whether to require performance bonds. 12.02 SUBRECIPIENT shall maintain and provide proof of general liability insurance of not less than $1,000,000 naming COUNTY as additional insured. 12.03 SUBRECIPIENT shall maintain adequate insure against fire, loss, or theft of all non - expendable property acquired under this Agreement and shall provide proof of that insurance naming COUNTY as additional insured. 12.04 Actual losses not covered by insurance as required by this Article are not be allowable costs under this Agreement, and therefore remain the sole responsibility of SUBRECIPIENT. 12.05 If SUBRECIPIENT either directly or indirectly engages in any construction, rehabilitation, or renovation activities utilizing funds provided pursuant to this Agreement, the current and specific bonding and compliance provisions required at that time will prevail. ARTICLE XIII EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION 13.01 SUBRECIPIENT shall comply with all applicable local, state and federal equal employment opportunity and affirmative action rules, regulations and laws. 13.02 If SUBRECIPIENT (or a subcontractor of SUBRECIPIENT) fails to comply with local, state and federal equal employment opportunity and affirmative action rules, regulations and laws, COUNTY may cancel, terminate, or suspend this Agreement, in whole or in part, and SUBRECIPIENT may be barred from further contracts with COUNTY. 10 ARTICLE XIV CONFLICT OF INTEREST 14.01 SUBRECIPIENT shall comply with all of the applicable conflict of interest provisions found in 24 CFR 570.611. ARTICLE XV PROHIBITED ACTIVITIES 15.01 Political Activities. None of the performance rendered under this Agreement may involve, and no portion of the funds received may be used, either directly or indirectly, for any political activity including, but not limited to, an activity to further the election or defeat of any candidate for public office or for any activity undertaken to influence the passage, defeat or final content of local, state or federal legislation. 15.02 Sectarian or Religious Activities. None of the performances rendered under this Agreement may involve, and no portion of the funds received may be used, either directly or indirectly, for the construction, operation, maintenance or administration of any sectarian or religious facility or activity, nor may the performance rendered or funds received be utilized so as to benefit, directly or indirectly, any sectarian or religious facility or activity. ARTICLE XVI AUTHORIZED USE 16.01 COUNTY and SUBRECIPIENT will follow all applicable HUD regulations and guidelines regarding the use of facilities constructed with CDBG Program funds. ARTICLE XVII PUBLICITY 17.01 When appropriate, as determined by and upon written approval of COUNTY, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT pursuant to the terms of this Agreement. In any news release, sign, brochure, or other advertising medium disseminating information prepared or distributed by or for SUBRECIPIENT, mention must be made of HUD funding and COUNTY participation having made this Project possible. ARTICLE XVIII PUBLICATIONS 18.01 All published materials and written reports submitted pursuant to this Agreement must be originally developed unless otherwise specifically provided. If material not originally developed is included in a report, however, that material must have its source identified, either in the body of the report or by footnote, regardless of whether the material is in a verbatim or extensive paraphrase format. 18.02 All published materials submitted pursuant to this Project must include the following reference on the front cover or title page: 11 o; "This document was prepared in accordance with Bexar County's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development" ARTICLE XIX RIGHTS TO PROPOSAL AND CONTRACT MATERIAL 19.01 All reports, documents, studies, charts, schedules, or other appended documentation to any proposal or contract, and any responses, inquiries, correspondence and related material submitted by SUBRECIPIENT, upon receipt, become the property of COUNTY. ARTICLE XX CHANGES AND AMENDMENTS 20.01 Except when the terms of this Agreement expressly provide otherwise, any alterations, additions, or deletions to the terms hereof must be by amendment in writing executed by both Parties. 20.02 Any changes in local, state and federal rules, regulations or laws applicable to this Agreement that occur during its term will be automatically incorporated into this Agreement without written amendment hereto, as of the effective date of the rule, regulation or law. 20.03 SUBRECIPIENT shall notify COUNTY in writing of any proposed change in physical location for work to be performed pursuant to the terms of this Agreement at least thirty (30) calendar days in advance of the proposed change. ARTICLE XXI NOTIFICATION OF ACTION BROUGHT 21.01 If any claim, demand, suit, proceeding, cause of action or other action (a "Claim") is made or brought against SUBRECIPIENT, SUBRECIPIENT shall give written notice to COUNTY within two (2) business days after receiving notice of the Claim. SUBRECIPIENT's notice to COUNTY must state the date and hour of notification to SUBRECIPIENT of the Claim, the names and addresses of those instituting or threatening to institute the Claim, the basis of the Claim, and the name(s) of any others against whom the Claim is being made or threatened. Written notice pursuant to this Article must be delivered either personally or by mail in accordance with this Agreement. ARTICLE XXII ASSIGNMENTS 22.01 SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement, any interest in and to same, or any claim arising thereunder, without first procuring the written approval of COUNTY. 12 ARTICLE XXIII WAIVER OF PERFORMANCE 23.01 No waiver by COUNTY of a breach of any of the terms, conditions, covenants or guarantees of this Agreement may be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, condition, covenant or guarantee herein contained. Further, any failure of COUNTY to insist in any one or more cases upon the strict performance of any of the covenants of this Agreement, or to exercise any option herein contained, will not be construed as a waiver or relinquishment for the future of such covenant or option. In fact, no waiver, change, modification or discharge by either Party of any provision of this Agreement will be deemed to have been made or be effective unless expressed in writing and signed by the Party to be charged. 23.02 No act or omission of COUNTY will in any manner impair or prejudice any right, power, privilege, or remedy available to COUNTY hereunder or by law or in equity, such rights, powers, privileges or remedies to be always specifically preserved hereby. ARTICLE XXIV REVERSION OF ASSETS 24.01 All CDBG Program funds on hand, available to, or in the actual or constructive possession of SUBRECIPIENT when this Agreement expires, and any accounts receivable attributable to the use of CDBG Program funds, must be transferred to COUNTY, unless otherwise specified in this Agreement. 24.02 Any real property under the control of SUBRECIPIENT that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must meet the following requirements in accordance with 24 CFR 570.503(b) (8): a) the property must be used by SUBRECIPIENT to meet one of the National Objectives identified in 24 CFR 570.208 until five (5) years after the expiration of this Agreement; or b) the property is disposed of in such a manner that results in COUNTY being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditure of non -CDBG Program funds for acquisition of or improvement to the property. 13 s, ARTICLE XXV ENTIRE AGREEMENT 25.01 This Agreement constitutes the final and entire agreement between the Parties and contains all of the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind the Parties unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the Parties. ARTICLE XXVI INTERPRETATION 26.01 If any disagreement or dispute arises between the Parties pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, regulations, laws, codes or ordinances, COUNTY, as the Party ultimately responsible to HUD for matters of compliance, shall have the final authority to render or secure an interpretation. ARTICLE XXVII NOTICES 27.01 For purposes of this Agreement, all official communications and notices among the Parties will be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, to the addresses set forth below: COUNTY: Aurora M. Sanchez Executive Director Bexar County Department of Community Resources Community Development & Housing Division 233 N. Pecos, Suite 590 San Antonio, Texas 78207 SUBRECIPIENT: Honorable Michael Carpenter Mayor City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 ARTICLE XXVIII PARTIES BOUND 28.01 This Agreement will be binding on and inure to the benefit of the Parties and their respective, administrators, legal representatives, successors and assigns, except as otherwise expressly provided. 14 `/ ARTICLE XXIX GENDER 29.01 Words of gender used in this Agreement include the other gender, and words in the singular number include the plural, unless the context otherwise requires. ARTICLE XXX CAPTIONS 30.01 The captions contained in this Agreement are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this Agreement. ARTICLE XXXI TEXAS LAW TO APPLY 31.01 This Agreement will be construed under and in accordance with the laws of the United States and the State of Texas, and all obligations of the Parties are performable in Bexar County, Texas. ARTICLE XXXII LEGAL CONSTRUCTION 32.01 If any one or more of the provisions contained in this Agreement is held to be invalid, illegal or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provision and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained in the Agreement. This Agreement is executed in duplicate originals this d I day of TLAA'l t✓ 52014. 15 CITY OF T By. arpenter Mayor APPROVED AS TO LEGAL FORM: Susan D. Reed Criminal District Attorney Bexar County, Texas / M orbert ar County Assistant Criminal istrict Attorney -Civil Division APPROVED AS TO FWANCIAL CONTACT: By: Susan YSU�)L4o s C ounty Auditor 16 4 APPR VED: By. Aurora M. Sanchez Executive Director Department of Community Resources Pickreh Park 1lnch =80 Feet 0 25 50 100 150 200 250 300 Feet �0 Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Engineering & Public Works Subject: Resolution No. 14 -R -103 — A Resolution by the City Council of the City of Schertz, Texas approving an Interlocal Agreement between the City of Schertz, Texas and the Schertz- Cibolo- Universal City Independent School District regarding a roadway and vehicular and pedestrian bridge and other matters in connection therewith BACKGROUND The City and the School District have discussed the need for an additional exit from both the Samuel Clemens Parking Lot and the City Ball Fields Parking Lot. This additional exit is needed for both patrons to sporting events as well as emergency vehicle traffic. An example of this need was experienced on Friday, December 6, during the City's Festival of Angels. The 2010 Bond Proposition 2 provides $6,000,000 for baseball and soccer fields and associated parking, restroom and concession facilities. In order to provide for the required parking for the baseball fields, the proposal is to construct a vehicular and pedestrian bridge across the drainage channel and enter into a shared parking agreement to allow the user of the baseball complex to utilize school parking. This would also allow patrons of the high school football games to park in the City parking lots. The City and the School District are entering into an Interlocal Agreement regarding the construction of a Drainage Channel Crossing Improvement Project in the form of a pedestrian and vehicular bridge to create the additional exit for both the Samuel Clemens Parking Lot and the City Ball Fields Parking Lot. The School District will provide funds not to exceed the amount of $80,000 for the construction of the bridge. $40,000 is available from the 2010 Bonds and the balance will be used from the Drainage Funds to construct the Drainage Channel Crossing Improvement Project. The City will be responsible for hiring a consultant for Engineering and Design as well as manage the project from start to finish. The conceptual design includes a bridge constructed from flat rail cars that are able to sustain the weight of both vehicular and pedestrian traffic. Estimated Project Costs: GeoTech Testing $5,000 Engineering and Design: $9,600 Bridge Construction $150,000 Roadway $47,000 Contingency $42,320 Total Project Cost $253,920 SCUCISD Contribution $ 80,000 2010 Bond for Ballfield Parking $ 40,000 Drainage Fund $133,920 If the estimated costs increase above the projected amount based on the engineering design or during the construction procurement process, the agreement includes a provision for the City to terminate the agreement. Goal To enter into an Interlocal Agreement with Schertz - Cibolo- Universal City School District for the construction of a Drainage Channel Crossing Improvement Project in the form of a pedestrian and vehicular bridge and roadway to connect the Samuel Clemens and the City Ball Fields Parking Lots. Community Benefit Through cooperation between the City and the School District a Drainage Channel Crossing Improvement will be constructed creating an additional exit from the school and city parking lots for better access for citizens and visitors of Schertz as well as an additional means for emergency vehicle traffic will be created. Summary of Recommended Action Approval of Resolution 14 -R -103 approving an Interlocal Agreement between the City of Schertz and Schertz - Cibolo- Universal City School District for the construction of a Drainage Channel Improvement Project in the form of a pedestrian and vehicle bridge and a roadway between the Samuel Clemens Parking Lot and the City Ball Fields. FISCAL IMPACT Total Construction Cost is $253,920 for the Design and Construction of the Bridge and Roadway. The School District will contribute $80,000 to the project and $40,000 will be used from the remaining 2010 Quality of Life Bond. The remaining balance of approximately $133,920 for the Drainage Channel Crossing Improvement Project will be paid for by the FY 2014 -15 Drainage Fund Budget. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -103 ATTACHMENTS Resolution 14 -R -103 Interlocal Agreement RESOLUTION NO. 14 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY AND VEHICULAR AND PEDESTRIAN BRIDGE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into the agreements ; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the City owns certain ball fields known as the Schertz Ballpark and associated parking lots ( "City Parking Lots "), managed by the Buffalo Valley Youth Association (`BVYA "), located at 1400 Schertz Parkway in Schertz, Texas; WHEREAS, the District desires to utilize the City Parking Lots for overflow parking for District athletic events; WHEREAS, the District owns parking lots ( "District Parking Lots ") near the ball fields separated by a drainage ditch; WHEREAS, the City desires to use the District Parking Lots as additional parking for the residents of the City attending athletic events at the ball fields; WHEREAS, to facilitate access to the ball fields by residents from the District Parking Lots across the drainage channel, both the City and the District have determined it is in their best interest to enter into an agreement for the construction, development, and maintenance of a Drainage Channel Crossing Improvement Project consisting of a roadway and a vehicular and pedestrian bridge (the `Bridge ") that connects the parking lots to the ball fields; and WHEREAS, the Bridge and Roadway will be for the use and benefit of the public, including residents of both the City and the residents residing in areas served by the District. WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Interlocal Agreement with the Schertz - Cibolo- Universal City Independent School District regarding the Bridge and Roadway attached hereto as Exhibit A (the "Agreements "). 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 Agreements with Schertz Cibolo Universal City ISD related to the Bridge and Roadway Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 16th day of December, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A INTERLOCAL AGREEMENT A -1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY AND VEHICULAR AND PEDESTRIAN BRIDGE This Interlocal Agreement Between the City of Schertz, Texas and the Schertz- Cibolo- Universal City Independent School District Regarding a Roadway, Vehicular and Pedestrian Bridge(the "Agreement ") is entered into between the City of Schertz, Texas, a Texas municipal corporation (the "City "), and the Schertz - Cibolo- Universal City Independent School District, a political subdivision of the State of Texas (the "District "), acting by and through its Board of Trustees pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas Government Code, as the same may be amended from time to time, to be effective as of the date on which the last Party signs this Agreement (the "Effective Date "). The City and the District are collectively referred to herein as the "Parties" and are each a "Party ". WITNESSETH: WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the City owns certain ball fields known as the Schertz Ballpark and associated parking lots ( "City Parking Lots "), managed by the Buffalo Valley Youth Association ( "BVYA "), located at 1400 Schertz Parkway in Schertz, Texas; WHEREAS, the District desires to utilize the City Parking Lots for overflow parking for District athletic events; WHEREAS, the District owns parking lots ( "District Parking Lots ") near the ball fields separated by a drainage ditch; WHEREAS, the City desires to use the District Parking Lots as additional parking for the residents of the City attending athletic events at the ball fields; WHEREAS, to facilitate access to the ball fields by residents from the District Parking Lots across the drainage ditch, both the City and the District have determined it is in their best interest to, if determined feasible by the City, enter into an agreement for the construction, development, and maintenance of a roadway, vehicular and pedestrian bridge (the "Bridge ") that connects the parking lots to the ball fields; and WHEREAS, the Bridge will be for the use and benefit of the public, including residents of both the City and the residents residing in areas served by the District. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 50558090.5 I. Construction of the Bridge by the City 1.1 The City shall determine the feasibility of constructing the Bridge. If the City, in its sole discretion, determines the construction of the Bridge is not feasible then it may send written notice to the District of such infeasibility and voiding this Agreement in its entirety with no further obligations or liability for either Party. 1.2 If the City determines that the construction of the Bridge is feasible then the City shall send written notice of its intent to construct the bridge and shall construct, or cause the construction of, the Bridge with funds that shall come fifty percent (50 %) from the City and fifty percent (50 %) from the District; provided however, the District's cost shall not exceed EIGHTY THOUSAND DOLLARS ($80,000). The City shall have sole responsibility for the design, construction and maintenance of the Bridge. The District shall approve the design of the Bridge, but shall not reasonably withhold approval of the design of the Bridge. The Bridge shall connect the City's ball fields to the District Parking Lots from the portion of the Bridge to be located on the District's property shall also connect the Bridge to the City's existing parking system. The Bridge shall be open to the public, including to the residents of the City and the residents residing in areas served by the District. The Bridge shall have an access gate (the "Gate "), which Gate shall be solely maintained by the District. Both the City and the District shall control access to the Gate. 1.3 Term: If the construction of the bridge is not begun before September 30, 2015, the City will send notice to the District voiding this Agreement in its entirety with no further obligation or liability for either party, unless both parties provide written approval to extend the agreement to a mutually acceptable timeframe. II. Easement from District to City 2.1 The District agrees to allow construction of the Bridge on its land and shall enter into a permanent easement agreement with the City to allow the design, construction, and maintenance of the Bridge, as well as the connection of the Bridge over the District's land on a new roadway extending to the City's existing parking system. Such easement agreement shall be executed after the completion of the design of the bridge and proper metes and bounds are determined. III. Use of the District's Parking Lots by the City 3.1 The District agrees to allow the City's residents to utilize the District Parking Lots in accordance with the District's Facility Use Policy attached as "Exhibit A ". IV. Use of the City's Ball Fields and Ball Fields' Parking Lots by the District 4.1 The City agrees to allow the District use of the City's ball fields and the City Parking Lots associated with the ball fields for the District's athletic events. 4.2 The District shall schedule its requested use of the City Parking Lots directly with BVYA by submitting such written requests directly to BVYA at the contact information provided herein. 50558090.5 - 2 - 4.3 The City shall Direct BVYA, in accordance with a separate agreement, to not schedule BVYA use of the City's ball fields and the City's parking lots associated with the ball fields on Fridays from the period of August 1 through January 1 of each year. V. Binding Effect; Benefiting Parties 5.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 5.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. VI. Governmental Functions; Liability; No Waiver of Immunity or Defenses 6.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 6.1.1 The services provided for herein are governmental functions, and the City and the District shall be engaged in the conduct of a governmental function while providing and/or performing any service pursuant to this Agreement. 6.1.2 The relationship of the District and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 6.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint ventures, or any other similar such relationship between the Parties. 6.2 The District shall have no liability whatsoever for the actions of, or failure to act by, any employees, contractors, subcontractors, agents, representatives, or assigns of the City in connection with the construction and maintenance of the Bridge, and the City covenants and agrees, to the extent permitted by law, that the City shall be solely responsible, as between the District and the City, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by the City or its respective employees, contractors, subcontractors, agents, representatives, or assigns, in connection with the construction and operation of the Bridge. 6.3 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the District shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 50558090.5 - 3 - 6.4 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. VII. Notices 7.1 All correspondence and communications concerning this Agreement shall be directed to: SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager With a copy to: Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charles E. Zech DISTRICT: Schertz - Cibolo- Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154 -209 Attn: Superintendent of Schools With a copy to: Walsh, Anderson, Gallegos, Green & Trevino, P.C. 100 N.E. Loop 410, Suite 900 San Antonio, Texas 78216 Attn: George E. Grimes, Jr. BVYA: Buffalo Valley Youth Association P.O. Box 636 Schertz, Texas 78154 Attention: President Notices required hereunder shall be hand- delivered or sent by prepaid certified mail, return receipt requested. VIII. Severability 8.1 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. IX. Entire Agreement 9.1 This Agreement is the entire agreement between the City and the District as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the 50558090.5 - 4 - subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. X. Governing Law; Venue 10.1 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 Guadalupe 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 Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures and acknowledgements on the following pages] 50558090.5 - 5 - SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY, VEHICULAR AND PEDESTRIAN BRIDGE The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS John C. Kessel, City Manager THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 201_, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -1 SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY, VEHICULAR AND PEDESTRIAN BRIDGE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT Greg Gibson, Superintendent of Schools THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 201_, by Greg Gibson, the Superintendent of Schools of the Schertz - Cibolo- Universal City Independent School District, a political subdivision of the State of Texas, on behalf of said entity. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -2 EXHIBIT A DISTRICT'S FACILITY USE POLICY [See attached] 50558090.5 A -1 T i u' 00 OKI SCHE IRTJL. Drainage Channel Crossing Improvement Project and Road 0 25 50 w E 100 150 200 250 Feet COMh4UN17Y •SERVICE »OPPORTUNITY s Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Public Works Subject: Resolution No. 14 -R -105 — A Resolution by the City Council of the City of Schertz, Texas authorizing a Professional Services Agreement with Wiginton Hooker Jeffry, PC Architects related to the City Wide Facilities Master Plan Project and other matters in connection therewith BACKGROUND The City publicly requested qualifications from firms to provide Architectural /Engineering and evaluate services necessary to complete a City -Wide Facilities Master Plan in July 2014. In the Request for Qualifications (RFQ) the city indicated that the firm will explore, but not be limited to, options of joint use and space needs of City Departments or Divisions. This will include analysis of department adjacency, relocations, consolidation, co- location and City owned non - designated buildings and land that may be of use in the Plan. Firm will consider office, work shop, classroom, conference room, break room, warehouse, file room and general storage requirements. The Facilities Master Plan will address near term needs (3 -5 years) as well as projecting needs for a population at build out of 75,000. The Plan will include the near term need of a site selection study and concept for a Fire Station in Southern Schertz, projected needs for Fire Station(s) in Northern Schertz, and the recommendation on best utilizing the City's current office and space demands at: • Hal Baldwin Municipal Complex (all buildings, all departments) • Emergency Services (all stations and substations) • Public Works (all buildings, all divisions) • Senior Center The City -Wide Facilities Master Plan Outcome will include: • Strategic near term recommendation for facility utilization based on population build -out • Long term goals and benchmarking for facilities planning • Recommendation of critical adjacencies -by facility and campus area • Facility Assessment — based on information and base condition of all facilities • Prioritization of Recommendations for future construction, reconstruction and property purchase • Cost analysis and financing options or directional recommendations • Provide comments and analysis on the City's ability to own or lease additional facilities The City received six responses to the RFQ and key City Staff reviewed the submissions and met to determine the top three firms to interview. Interviews were conducted in late August and, after review of scoring, the City contacted Wiginton Hooker Jeffry PC Architects (WHJ) for negotiations of a contract regarding the Facilities Master Plan. Final negotiations with WHJ were held in November and the City is ready to proceed with approval of the contract. WHJ has prepared a proposal to complete the plan and the task fees are as follows: Staff recommends entering into a Professional Services Agreement with Wiginton Hooker Jeffry PC Architects in the amount of $130,140. FISCAL IMPACT The cost of the project is $130,140 to be paid for from the Master Plan Study Project Account. RECOMMENDATION Staff recommends Council approval of Resolution 14 -R -105 ATTACHMENTS Resolution 14 -R -105 Exhibit 1 Work Scope and Cost Response from Wiginton Hooker Jeffry PC Architects Exhibit 2 Site Feasibility and Programming Study for a Future Fire Station (South) Professional Services Agreement RESOLUTION NO. 14 -R -105 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WIGINTON HOOKER JEFFRY PC ARCHITECTS RELATED TO THE CITY WIDE FACILITIES MASTER PLAN PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the proposal from Wiginton Hooker Jeffry PC Architects related to the City -Wide Facilities Master Plan Project; and WHEREAS, City staff has received qualifications indicating that Wiginton Hooker Jeffry PC Architects. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Wiginton Hooker Jeffry PC Architects for the City -Wide Facilities Master Plan Project. 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 contract with Wiginton Hooker Jeffry PC Architects for the City -Wide Facilities Master Plan Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 16th day of December, 2014. ATTEST: Bret (CII CITY OF SCHERTZ, TEXAS Michael ent, Mayor -2- Wiginton Hooker Jeffry Architects December 2, 2014 EXHIBIT 1 -'Work Scope and Cost Response for The Facilities Master Plan Study' City of Schertz Facility Master Plan Study ('Master Study') The overall work effort for all City Departments are defined below along with the associated fees. Supplemental information for the South Fire Station Scope is further defined in Exhibit 2. TASK 1: PROJECT INITIATION Task Fee: $15.680 A. Review listing of all offices and departments to be covered within the City of Schertz Master Study (approximately 20 buildings total to be included in this in Study): 1) Hal Baldwin Complex (9 buildings); Departmental / Division listing as follows - City Manager, City Secretary, Customer Care, Civic and Community Centers, Development Services, Economic Development, General Services, Finance, Fire, EMS, Human Resources, Information Technology, Maps / GIS, Marshal's Office, Municipal Court, Parks (pending), Recreation and Community Services / Senior Center, Planning and Zoning, Police, Public Affairs and Water Utility. 2) Emergency Services Buildings not within Hal Baldwin Complex (4 buildings) — IH -35 Substation, Universal City Substation (this substation will only be considered with regard to the location of Schertz EMS operating out of the building), Marion Substation and the Woodruff House. 3) Public Works (4 buildings) — 10 Commercial Place Buildings 1 and 2, 11 and 27 Commercial Place. 4) Senior Center (1 building). 5) Schertz Visitor Center (1 building). 6) North Center (1 building) B. Buildings not included in this Master Study include Recreational Facilities such as Parks, YMCA, City Swimming Pools, Pavilions, Playscapes and Water / Wastewater Plants, Water Towers, Lift Stations, Library, Animal Adoption and Animal Control. Note: Staffing and support space for these excluded buildings will be addressed in this Master Study if they are located on the Hal Baldwin Complex. C. Prepare departmental questionnaires for distribution. (completion of questionnaire to be targeted at 1 '/2 to 2 weeks). D. Kick Off meeting with City Manager's Office and Department Heads. Intent of the meeting is to introduce participants, present an overview of the upcoming Study process, distribute departmental questionnaires and tour buildings to help familiarize Architectural team with staff, current layouts and building locations. Page 1 of 4 E. Receive from the City and review current planning maps and data and all other City documents relevant to future growth and planning (.PDF and /or .DWG). F. Receive from the City and review existing / proposed utility and street infrastructure, zoning maps and City Limit / ETJ maps and information in digital format (.PDF and /or .DWG). G. Receive from the City and review all existing building drawing documents in digital format (.PDF and /or .DWG). Building site and floor plans can be existing drawings, accurate Code Exit plans or other drawings generated by Schertz that WHJ can use as a basis for creating building floor plan diagrams for square footage takeoffs, adjacency analysis and planning. WHJ preparing detailed measured drawings is not included in the quote. H. Create, refine and update the Project Master Schedule. Departmental and City Manager's Office review meetings to be scheduled at a mutually workable date to accommodate staff internal work schedules and the Master Study's progress needs. Suggested meeting dates will be issued and adjusted as necessary. I. Receive from the City and analyze completed questionnaires. J. Develop schedule for initial round of interviews with Department Heads and City Manager's Office. TASK 2: NEEDS ASSESSMENT Task Fee: $10.430 A. Provide a brief Building Deficiency Assessment overview limited to an architectural team observation of basic elements such as building age, code compliance, construction type, suitability for current / future use, accessibility, HVAC systems in place and any visible signs of deterioration. A more extensive and detailed Structural, Civil or Mechanical / Electrical Engineer's assessment report is not included within the basic services of this Study but can be implemented if desired by the City. B. Utilizing previous and existing staffing levels, information from questionnaires, benchmarking to comparable municipalities and current population projections provided by the City, develop projections of future staffing for each department for the target population of 75,000 people as well as suggestions for near term needs (approximately next 3 -5 years) at all the facilities listed in Task 1. C. Identify several cities as benchmarks for comparison to the target Master Study population relative to projections and staffing needs. D. Review information gathered to date with City Manager's Office, modify as necessary. TASK 3: SPACE PROGRAMMING Task Fee: $36,000 Note: Planning Team will not start Task 3: Space Programming until authorized by City Manager's Office — this will allow time to make adjustments to the Study work scope for a better fit to the City's needs. A. Develop space standards of offices, work stations, conference rooms, break rooms, etc. to ensure parity among all City departments. Review space standards with City and receive approval of space standards. B. First round of interviews with departmental heads and key staff, reviewing questionnaires and becoming familiar with operations. Page 2 of 4 C. During interviews, share with Department heads any trends or efficient space utilization techniques that will benefit their operations. D. Utilizing information gathered to date, interview information, space standards and staffing projections, develop a program of space needs for all spaces within each department for the target population of 75,000 and addressing Near Term Needs (approximately 3 -5 years with emphasis on 2020). E. Second round of interviews with department heads to confirm Near Term Needs and projected space needs to population of 75,000. F. Document departmental relationships identifying important and preferred adjacency relationships. G. Prepare charts illustrating past and future staffing. H. Develop an estimate of parking needed for each department and the component public needs. I. Review information about space needs with City Manager's Office, modify as necessary. TASK 4: SPACE ANALYSIS AND PLANNING Task Fee: $36.860 A. Utilizing existing building plans provided by the City, develop scaled, overlay diagrams of each floor in each building showing current usage. B. Map the existing locations of city owned buildings and properties. C. Utilizing the space program, analyze each building to determine the ability of these buildings to satisfy future space and parking needs, opportunities for co- locating departments to maximize building and staff efficiencies and reviewing any leased buildings identified by the City. D. Develop drawings to illustrate the ability of City owned buildings to meet future space needs and where buildings cannot meet that demand, prepare options for placement of Departments on other available sites identified by the City. Identify departments or programs that Schertz does not currently have but would likely generate a need for at a higher population count. Placement of Departments to be located on other sites will involve a Stacking and Blocking means of illustrating the required square footages (vertical and horizontal) as well as a rough layout of parking, storm water detention and other site concerns. E. Review initial findings with City Manager's Office, modify as necessary. Discuss upcoming Public Information meeting. F. Organize a public information gathering meeting during the Task 4 Space Analysis and Planning stage. At this point in the Study, the Near Term and Long Term (75,000 pop.) space needs will be known and the public will be able to hear the options that are being considered. The recommendations and rationale behind the preferred options will be presented in the Final Council Meeting in Task 5. G. Analyze and study impact of current / future size and height of required facilities and their appropriateness for their respective sites. Character of existing and proposed buildings, projected height, efficiency, public accessibility needs and site demands will all be considered. H. Analyze public access to facilities and evaluate ways to improve that interaction. I. Comparable departmental facilities and spaces from other Cities will be shared via images or discussions as the Design Team explores the goals and objectives for the City of Schertz. Page 3 of 4 J. Develop schedule / diagram identifying sequencing of phased improvements and prioritization of projects required to implement Master Study. K. Develop planning options with 'Estimates of Probable Cost of Future Facilities' suitable for Council review and selection on a preferred plan to address all City needs listed in Task 1. Advantages and disadvantages for financing the various projects through Bonds, Certificates of Obligation, yearly budget cycles or other means will be discussed and defined. Bond priority projects for 2015 (South Fire) and 2020 (all projects) will be emphasized for Near Term Needs. L. Review overall findings with City Manager's Office, modify as necessary. TASK 5: DOCUMENTATION AND REPORTING Task Fee: $12,100 A. Prepare final report documenting Master Study methodology, findings, staffing and space projections, space standards, research data, Council approved Master Study facility diagrams / layouts and updated Estimates of Probable Cost. The finished report will utilize narrative, spreadsheets, graphs, maps, diagrammatic site and floor plans, charts and photographs to convey the intended information. B. Present final report to City Council for approval. TOTAL FEE FOR PLAN SERVICES AS DESCRIBED ABOVE $111.070 REIMBURSABLES A. Document Reproduction: The Consultant team understands that the City wants to reasonably limit the expense of reproduction and may want to cover some of that using internal resources. The Design Team will make use of this as much as possible and will also utilize digital files as appropriate but recognizes that some reproduction of drawings and information will have to be made at the firm's location for review, timing or other reasons. The Design Team's reproduction costs will be invoiced as a direct reimbursable expense to the City. A limited, not to exceed without prior authorization amount is fixed at $1,000. B. Travel and Subsistence: In the course of producing the work for this Master Study, the Design Team will incur travel expenses for automobile mileage, possibly airline flights, meals and limited lodging. The Design Team's Travel and Subsistence costs will be invoiced as a direct reimbursable expense to the City. A limited, not to exceed without prior authorization, amount is fixed at $2,400. END OF 'Exhibit 1 - Work Scope and Cost Response for the Facility Master Plan Study' Page 4 of 4 Wiginton Hooker Jeffry Architects December 2, 2014 EXHIBIT 2 -'Site Feasibility and Programming Study for a Future Fire Station (South)' City of Schertz ('South Fire Study') The overall work effort for the Future Fire Station - South are defined below along with the associated fees. TASK 1: ISO Based Fire Station Location Task Fee: $6.500 A. Mike Pietsch P.E. will study the City service area, make one site visit and review projected growth pattern to determine where future fire stations should be located and the number of apparatus needed. B. Mike Pietsch P.E. will report on the ISO rating the City can achieve if the fire station, apparatus and staffing is provided as described. C. To reduce costs, Mike Pietsch's Task 1 work will be invoiced as a direct cost to the City from Mike. TASK 2: Site Analvsis / Basic Proarammina Task Fee: $13.850 A. WHJ will evaluate 3 sites that satisfy the area locations identified in Task 1. The evaluation will consist of a graded matrix listing of approximately 15 fire related criteria. A total numerical score will identify a ranking of desirability. B. The 3 sites will be illustrated with a comparably sized fire station (house, bays and drives) that serve to approximately represent how the site might be developed based on a station size that fits the Schertz Fire Dept. and Mike Pietsch's recommendations and conversations with the Schertz Fire Building Committee. C. Optional or multi- function spaces such as public meeting / training spaces, EMS co- locations or smaller triage rooms, dedicated Police office space or other City of Schertz shared space will be discussed as possible inclusions in the proposed station. D. An overall space summary will be created which includes circulation factors and overall building grossing to estimate total building size. E. WHJ and the Fire Department will review similar fire stations which WHJ has designed and select several images / ideas that correlate with what the Schertz Fire Department would like to see built on the site and which are appropriate to represent to citizens for a future bond program. TASK 3: Estimate of Probable Cost / Presentation Task Fee: $2.800 A. WHJ will prepare an in -house Estimate of Probable Cost which will include Construction Costs and Soft Costs such as professional services fees, survey, furniture and equipment, data, accessibility reviews, impact fees, access control, geo- technical investigations and other items. Page 1 of 2 B. The Estimate of Probable Cost will be vetted by one local General Contractor with experience in building fire stations as well as knowledge of the local economy. C. The Estimate of Probable Cost will escalated to the projected target date of construction bidding. D. Presentation to City Council for approval. TOTAL FEE FOR PLAN SERVICES AS DESCRIBED ABOVE $23,150 Reimbursable Expenses: A. Document Reproduction: The Consultant team understands that the City wants to reasonably limit the expense of reproduction and may want to cover some of that using internal resources. The Design Team will make use of this as much as possible and will also utilize digital files as appropriate but recognizes that some reproduction of drawings and information will have to be made at the firm's location for review, timing or other reasons. The Design Team's reproduction costs will be invoiced as a direct reimbursable expense to the City. A limited, not to exceed without prior authorization, amount is fixed at $250. B. Travel and Subsistence: In the course of producing the work for this Study, The Design Team will incur travel expenses for automobile mileage, possibly airline flights, meals and limited lodging. The Design Team's Travel and Subsistence costs will be invoiced as a direct reimbursable expense to the City. A limited, not to exceed without prior authorization, amount is fixed at $350. Notes: 1. The critical component to the start of the process is scheduling, implementing and getting the results for Mike Pietsch's ISO site recommendations. Once that is complete, WHJ can start the site evaluations. 2. Mike Pietsch's component of the work (Task 1) is based on one trip to the site(s) in Schertz. Mike can identify the South sites' preferred locations and for the same fee / trip, identify the need for a possible North Fire Station and possible locations. This strategy has worked successfully in the past as long as potential sites can be identified in advance. END OF 'Exhibit 2 - Work Scope and Cost Response for the Site Feasibility and Programming Study for a Future Fire Station (South)' Page 2 of 2 City -Wide Facilities Master Plan City Council Update 12 -9 -14 • Discussions began in the Fall of 2013 with Council regarding the importance of a Facilities Master Plan. As our city's population grows, there are additional facilities needed to keep pace with that growth in order to provide adequate city services from today until build out. • The Facilities Master Plan will be the roadmap to guide future facilities prioritization, funding, design, and construction so that every dollar spent on municipal facilities meets both short and long term needs. • City Council has approved a budget of $145,000 for the development of a Facilities Master Plan to address facilities needs today, at 50,000 population, and at 75,000 population. • A Facilities Master Plan Team was established to ensure the project had input from key areas of the organization. The team consisted of City Manager John Kessel, Deputy City Manager John Bierschwale, Chief of Staff Bob Cantu, Fire Chief David Covington, Director of Public Works Sam Willoughby, Owners Representative Phil Gaudreau, and Public Works Coordinator Cindy Raleigh. • Discussions by the Facilities Master Plan Team were held in early Spring 2014 regarding the goals of the City -Wide Facilities Master Plan, including: ■ Benefits of planning vs. reacting ■ Immediate short term needs ■ Build out long term needs ■ Proper return of investment ■ Future Land Use Plan, Master Thoroughfare Plan, and ISO based Fire Station site selection • The City -Wide Facilities Master Plan outcome will include: ■ Strategic near term recommendations for facility utilization ■ Long term goals and benchmarking for facilities planning ■ Recommendation of critical department adjacencies -by facility and campus area ■ Facility Assessment — based on existing building conditions of city facilities ■ Prioritized recommendations for future construction, reconstruction and property purchase, including Fire Station #3 site selection in southern Schertz ■ Cost analysis and financing options or directional recommendations ■ Analysis on the City's ability to own or lease additional facilities • The timeline for the Request for Qualifications was developed in Summer 2014, including: ■ Request for Qualifications was publically noticed on July 3, 2014 ■ Six submittals were received and opened on July 24, 2014 ■ The six submittals were narrowed to three firms to interview in August 2014 ■ Interviews were held on August 27, 2014 and scoring submitted based on the RFQ submittals and interviews • The top ranked firm, Wiginton Hooker Jeffry Architects PC (WHJ), was contacted in October 2014 and asked to submit a final proposal (scope and price). • Meetings were held with WHJ to discuss the scope of work and fine tune the City's needs and insure that the City would receive the best and most useful return on investment. • In November 2014, the final scope and cost proposal was finalized for city approval. • Staff is updating the City Council on the project on December 9, 2014 prior to City Council considering a resolution authorizing the City Manager to enter into a contract for a Facilities Master Plan. • Pending Council discussion, a resolution to contract with WHJ is scheduled for the December 16, 2014 Regular Council Meeting. CITY OF SCHERTZ STANDARD PROFESSIONAL SERVICES AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Professional Services Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Wiginton Hooker Jeffry, PC Architects ( "Professional "). Section 1. Duration. This Agreement shall become effective upon execution by the City and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work. (A) Professional shall perform the Services as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". Unless otherwise provided in the Scope of Work, the anticipated submittal of all Project deliverables is immediately upon completion of the Project. (B) The Quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Professional may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation. (A) The Professional shall be paid in the manner set forth in Exhibit "B" and as provided herein. Item 12E Professional Services Agreement with W HJ Page 1 (B) Billing Period: The Professional may submit monthly, or less frequently, an invoice for payment based on the estimated completion of the described tasks and approved work schedule. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Professional'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 services (Exhibit A) and accounted for in the total contract amount in Exhibit "B ". If these items are not specifically accounted for in Exhibit A they shall be considered subsidiary to the total contract amount. Section 4. Changes to the Project Work; Additional Work. (A) Changes to Work: Professional shall make such revisions to any work that has been completed as are necessary to correct any errors or omissions as may appear in such work. If the City finds it necessary to make changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions if requested and as directed by the City and such services will be considered as additional work and paid for as specified under following paragraph. (B) Additional Work: The City retains the right to make changes to the Scope of Work at any time by a written order. Work that is clearly not within the general description of the Scope of Work and does not otherwise constitute special services under this Agreement must be approved in writing by the City by supplemental agreement before the additional work is undertaken by the Professional. If the Professional is of the opinion that any work is beyond that contemplated in this Agreement and the Scope of Work governing the project and therefore constitutes additional work, the Professional shall promptly notify the City of that opinion, in writing. If the City agrees that such work does constitute additional work, then the City and the Professional shall execute a supplemental agreement for the additional work and the City shall compensate the Professional for the additional work on the basis of the rates contained in the Scope of Work. If the changes deduct from the extent of the Scope of Work, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. Any work undertaken by Professional not previously approved as additional work shall be at risk of the Professional. Item 12E Professional Services Agreement with W HJ Page 2 Section 5. Time of Completion. The prompt completion of the services under the Scope of Work is critical to the City. Unnecessary delays in providing services under a Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 6. Insurance. Before commencing work under this Agreement, Professional shall obtain and maintain the liability insurance provided for in attached Exhibit C throughout the term of this Agreement and thereafter as required herein. In addition to the insurance provided for in Exhibit C, Professional shall maintain the following limits and types of insurance: Professional Liability Insurance: professional errors and omissions liability insurance with limits of liability not less than $1,000,000 per occurrence covering all work performed by the Professional, its employees, sub - contractors, or independent contractors. If this coverage can only be obtained on a "claims made" basis, the certificate of insurance must clearly state coverage is on a "claims made" basis and coverage must remain in effect for at least two years after final payment with the Professional continuing to furnish the City certificates of insurance. Workers Compensation Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Professional's employees carrying out the work involved in this contract. General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained Item 12E Professional Services Agreement with W HJ Page 3 by reason of the Professional or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Professional shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Professional or its employees. Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent contractors working under the direction of either the Professional or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Professional. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "D ". Section 7. Miscellaneous Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Professional of any responsibility for work done by such subcontractor. (B) Ownership of Documents. Upon completion or termination of this Agreement, all documents prepared by the Professional or furnished to the Professional by the City shall be delivered to and become the property of the City. All drawings, charts, calculations, plans, specifications and other data, including electronic files and raw data, prepared under or pursuant to this Agreement shall be made available, upon request, to the City without restriction or limitation on the further use of such materials PROVIDED, HOWEVER, THAT SUCH MATERIALS ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY THE CITY OR OTHERS. ANY REUSE WITHOUT PRIOR VERIFICATION OR ADAPTATION BY THE PROFESSIONAL FOR THE SPECIFIC PURPOSE INTENDED Item 12E Professional Services Agreement with W HJ Page 4 WILL BE AT THE CITY'S SOLE RISK AND WITHOUT LIABILITY TO THE PROFESSIONAL. Where applicable, Professional shall retain all pre- existing proprietary rights in the materials provided to the City but shall grant to the City a non - exclusive, perpetual, royalty -free license to use such proprietary information solely for the purposes for which the information was provided. The Professional may, at Professional's expense, have copies made of the documents or any other data furnished to the City under or pursuant to this Agreement. (C) Professional's Seal. To the extent that the Professional has a professional seal it shall be placed on all documents and data furnished by the Professional to the City. All work and services provided under this Agreement will be performed in a good and workmanlike fashion and shall conform to the accepted standards and practices of the Professional's industry. The plans, specifications and data provided by Professional shall be adequate and sufficient to enable those performing the actual work to perform the work as and within the time contemplated by the City and Professional. The City acknowledges that Professional has no control over the methods or means of work nor the costs of labor, materials or equipment. Unless otherwise agreed in writing, any estimates of costs by the Professional are for informational purposes only and are not guarantees. (D) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (F) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Item 12E Professional Services Agreement with W HJ Page 5 Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. Section 8. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Item 12E Professional Services Agreement with W HJ Page 6 (B) If the City terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the Professional shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional considering the actual costs incurred by the Professional in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination that is not the fault of the Professional, the Professional shall be compensated for all basic, special, and additional services actually performed prior to termination, together with any reimbursable expenses then due. Section 9. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 10. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 11. No Assignment. Neither party shall have the right to assign that party's Item 12E Professional Services Agreement with W HJ Page 7 interest in this Agreement without the prior written consent of the other party. Section 12. 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 13. Waiver. Either City or the Professional 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 14. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 15. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 16. 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 17. 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 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Item 12E Professional Services Agreement with W HJ Page 8 Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 20. 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 21. 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 22. Riqht To Audit. City shall have the right to examine and audit the books and records of Professional with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. 23. Dispute Resolution. In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL GOVT CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Item 12E Professional Services Agreement with W HJ Page 9 24. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED, by the City on this the CITY: By: Name: John C. Kessel Title: City Manager ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 Item 12E Professional Services Agreement with W HJ Page 10 day of , 20 PROFESSIONAL: By: Name: Don Greer, AIA, LEED AP BD +C Title: Vice President PROFESSIONAL Wiginton Hooker Jeffry, PC Architects Don Greer, Vice President 5113 Southwest Parkway, Suite 260 Austin, Texas 78735 Exhibit "A" Scope of Services Exhibit "B" Compensation Exhibit "C" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Professional shall comply with each and every condition contained herein. The Professional shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of the Professional to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Professional shall specifically endorse applicable insurance policies as follows: 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. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Professionals obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Professional shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Professional's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: niohnsonCcD_schertz.com Purchasing Department Faxed to: 210 - 619 -1169 1400 Schertz Parkway Schertz, TX 78154 LA-CrIFICAT OF LIABILITY INSURANCE OF rinlallula+a®rr1YrA T1118 OIIft'rVIOATIL 1e I"DUD hS A MA-1I011 OF 1141501"1 AIrION ONLY AN!I? CONFI:IIp 140 IWI- IT13'UPON vII3 - CC'I;TjP1OAYH I1{ILUER. +f1110 OV15101210AW 15CLIS NOT A1Y4FkfTA7IVI!LY OR 11111 }ATIYI:6Y AIVIVIIT. EXTpM1} iqIj}L,AL.TEI>i 7111E CCiUrTBR, 0111 WORDED BY TOM P43L_IC ES1 QHLGW. 11118 CULTICECALFI: 01; 11ISU1Ll4NUM L3050 NOT C ONS7ITUTU A CON1`1RAOT HT1Ni'4:H TIM IVIVINU I'MURNK[E a, ALF3 WROZ a 1111MIIK"TATIVI OR PaODUC ER. AND TllRCURTIFIOATEHOLDER. Ill11'01Zfa4IT. If Lho C pIIlftCOW 1R0r4r is juk AW)ITIONAL, INSURM,1laa pp11q(1oap mind hp umNI ■ell. II l }llF R00ATIQb 19 414'af ILWID� "001 t* I119 t(H41111 Baal 0-011 11110111 of JIL15 V011cg, cailAirl jiOl lard mayr r"Wro sill oidatalnubinl. A 014140014 Wi (41113 caeriftnte dare n01 a7+rWdr 1191Rir t-V 1110 CUIIIFIaaltaxltallEorin Faso €al�uch adnllprlloFnolst�as , d`I194u6lCy - - ADC In9uranpo op w/ MIA. — dri�i #,11a4n9tra5r4l � _ -- i[�II�M FL 3333�• _ _ w.: Ira c8 n ■ _ u, �■ h Ir lurasrlon� n r 6vsunEa - 'AnQ 11Yf �ESaITpblYy uraaamo, lr alfnXl[ri Ifal fe,, E (D 123 We Biaael 1![Iwuaa1 pi 11Raur4wpg (*xlar R(1]Grt� T&MIM. FI,2222T-DDDQ Irf ugmaI Ir klf4h friOf Q , INDIGATC0. NOTWITIOMANOONO AHY 1111GUINEMENT, 1ritkl CWL CONDITION OF AW DON WAU OR 011128 1130CUU 1IT W11H HI,MPKII7 TO W WH 11116 cEmimme my 13F I99UiR ok Wky P'1',hrm 7111_' Ir ,1".sUfWP0E AIFFgRW,1n BY THI-i POUCl68 01_801`0000 IIF08N 16 -SLOXMT To ALL YHR TE1IMS, LVAOWNS ANDi 1vTK OF BEPO HPOLME& 1Tr. Ur66r[ ayrR MAY 11A1u�1 &%hdf1UCFI1JtYPAI11CLAIMS. - � 111E _ - - -� -- tYPaiIIIaaLA�l¢� 1 +e►lcruw+oerR al11111+/5L L114.04 fIY 4 F C�k1NlR#►s+yllblr444`Ar111 Y �. lhl#l11414h$: C+ MYI uWlsal FJ�f+P4 i 1W1RE19 _ _ T R 1 ME13 ExPj aM * 1 A 11 WWI; 0tmVI "0�1119AD PCfkS#1�dLaUi1'RI L $� _ °- otuMq AOMWATIR 1-2. ON GVI'L AGGREOATE LIYITA"LIEb PUL _ ;PAIOOIICT�•�d0.77114p 13f1 1 _ _ M� a i i iWOWOaim Lhniul j ,� _ r�i , QUM- I �rJ�ILY 117 dY �PeP j�?psf,j 1k X r:lrf AU10 NEq. ° r luh[aitNUri�,k' ,Wrb � , +IS�� i�alrt Lk1�11411013 1 00ULY11 @pmYIFN'w49Y.+j I �- b � b } ULaoaaawauaia cccA I 2fd 11 41N11 I I memm CLAW RvaxsaEal 4a1W 7raN1 ?4. !1 mm eauPWeR+`ta1 OWY YJrtrPIi"wF0Np&mr4frwrmrv2 #t1C#� PIRR�d!tC4a 001 N �4nda•EdtTASkIII I, #leiA6 uuk+ 4VA Y D} 3h O!f€kidI00D Di!%41r'1{ID1l i G P-PI�,aXI aT EL.pSfi?.S��ktdl''Fl�l'1 F.�„s i Li19F}- i+$.iKiflCgilWlf i bI_0 I; Ikull:laa'AWelk L PvalalalanalSaMws. I—y y; 123-m SlftlilH141 01MIRON t00%ImurabIDWIun,ecl9 munlcootUI14 1IfD0,09OIi G1- 011101 161,0000 ' nla FIGU 1P'ribdROP QPEGAIMI 10 LOCATra IN rVERICLaa PA11:603ADaCW 191, Witml RKam NAl C04 4v% *ipe —,ll idgWiGI E- thdMJarmaryry1. 0112muaLbuCeanpllantWLhChoplat 19'11,roar_Ii, COO 196424eandedIv y1.OxaamI.c{[siLitalydO L d04slon Irk bbI4j. alioiUm Am or716d Alma Dim- Gr@Imo P"11.104ta1z,OhUODU-1 6 012F419E 011yol Schertz 1R1a FI[r+artdji0N DAV11 XHer4.6w, P1071C€ WLC 1W d6LWH UID IN 1400 Sctteriz l'prkwa y ACOO RDANOR M"I Mill POMY PAWIWONC c116112, TIC 761:54 Ilraaerariore�eRUleFerA9rra'I Attn: F'rarah aslnp dept. 0 JMUiJ I�Fll3'fI] 81Caf�ryTUfl� fSEd3L11 �-0Ei12I I1FIC ID14$V- 201DACORD C€}FIPCJRNTIOW All r1ahts COMM ACORD 2012 91( Olij Thu A=LL1 Fimmu anal IG011 FIFO rnr{11ttQr9d 111wdp# of AMW (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 bythe State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy— must have an (x) in box. Also, "Occurrence" type policy— must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Professional Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'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. Exhibit "D" Evidence of Insurance Agenda No. 13 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: City Secretary Subject: Charter Review Commission Appointments BACKGROUND At the November 18, 2014 City Council meeting Council appointed Mr. Robin Thompson as one of the five (5) citizens to serve on the Charter Review Commission. On December 9, 2014, City Council appointed Mr. Robin Thompson to the Vacant Place 5 City Council position. Councilmember Thompson attended the first Charter Review Commission meeting on December 11, 2014, and indicated that it would be appropriate to recuse himself from serving on the Commission and asked that Council consider appointing another citizen to the Commission. The following applications were received during the appropriate time and were not appointed. Each citizen has been contacted and has indicated that they are willing to serve. Mr. Richard Dziewit Mrs. Jana Volitis Mrs. Betty Sinclair City Council may also submit additional individuals for consideration at this time. After Council has appointed a new Commission Member, a letter will be prepared regarding their appointment with a date and time in which the next meeting will be held. FISCAL IMPACT None RECOMMENDATION Staff recommends Council review the submitted applications and decide to appoint a member to the Charter Review Commission replacing Mr. Robin Thompson either out of the submitted applications or make additional nominations. ATTACHMENT Applications — City Council Memorandum Page 2 Mr. Richard Dziewit Mrs. Janna Volitis Mrs. Betty Sinclair APPLICATION TO SERVE ON CHARTER REVIEW COMMISSION Please type or print clearly Please rcturrIto the attention of CRY Seeretary, 1400 Settertz Pt%vltzeay, areliel'tzTexaS )81841>y p,1t1. - -_ 20x_ Dull Name: -._ _ �`C1 -Vc? A C ---- Date of Birth: w G\ JS Home phone: (Include area code.) , QA 619' °2 I B Work phone: (Include area code)_c Mobile number: (Include area Code) Sek-\�n S_�cm� L° Physical address: c _� lG�� _Cn Sl \Q_LAF�- '_Illi_ V rtz- (Street, City, State, Zip) Mading address: (If different from (Street, City, State, Zip) Entail address (es): S �� 1 \F-) c-- _ _ -) at--L _� C Do you live in the corporate limits of the City of Scbertz? dyes 0 Ito Are you 18 years or older? E yes it no Are you registered to -rote? 9 yes ❑ no Which CountyQr is �egistration 0.n•rent /past occupation or area of expertise: ' dk)-u -r-A rlr- v\or- A � k cvk t Professional and /or community activities: Additional pertinent information /references: Do yolt consent to the City conducting a background check on yoOByes o no Submission of a Resume or Curriculum Vitae is encouraged, A letter of interest may also be submitted. The information on this application is true and correct, aCA f Signature: Date: nAC1HHE1RC—F-Z COMMUNITY* SERVICE * OPPORTUNITY .APPLICATION TO SERVE ON CHARTER REVIEW COMMISSION Please return to the attention of City Full Please type orprhit clearly 1400 Selieetz Pit rkway, Scliertz Texas 78154 by p.m. '-2- //- &-'// r of Birth:. '- Horne phone: (Include area code) g ° -5 — 2- 3 h� Work phone: (Include area code) Mobile number: (Include area Code) 2/ o 2- — 67W Z V Physical address: U Sc IAQe r2- (Street, City, State, zip) Mailing address: (If different from a (Street, City, State, zip) Email address (es): 2- /—F W'/ 'l �P �R / 6—D ��% i� 11e le, cD/`z Do you live in the corporate limits of the City of Scliertz? ,® yes ❑ no Are you iS years or older? (Z yes ❑ no Are you registered to vote? p yes ❑ no Which County? 6r lJtfh A Ld/,,�Registratiou Current /past occupation or area of expertise: 6 201 0 o% : ��e- -L17 u . r' 6/ --4L72: vD - - X ci ss a®= �a�iL w� rat rz . C' /) A lIf/NAiev d /a A x-�§ � UYT ✓L�r/,��,U i l �iS i � Tf/ T <Oti L")ok14) G"-' I k G�a�✓�- v/� /�/¢�cts % <� /`gi L'iFs Professional and /or community activities: Cl ri �5 Ce-�c? 6- 4< AAAitln„al nPrImptif infnrmatinn /r�ferenees Do you consent to the City conducting a background check on you? n yes o no Submission of a Resume or Curriculum Vitae is encouraged. A letter of interest may also be submitted. The information o 's application is true and correct. Sig ature: Date: SS(C1H1]E1RCFZ COMMUNITY* SERVICE* OPPORTUNITY Y� y t APPLICATION TO SERVE ON CHARTER REVIEW COMMISSION 1b, Please Please type or print clearly Please return _to the attention ..of seel•etaly, 1400 SCile"tz Pltl•IRSay, Sc}terizTexas 78154 by P•u1. 201 rollName:_l �� Gi IVIt�1 �' y(�l U`� ( Date of Birth: I-zIM Home phone: (Include area codeA2 W�, I _ Y (` Work phone; (Include area code} U 2LO 4 u F cl (:j(�(� Mobile ntmtber; (Include area Code) (2-10 59 Z °- 4 O Physical address; ._9 -1. oo Y7C,y r o, (Street, City, State, Zip) Mailing addl•ess: (If different from above) (Street, City, State, Zip) Email address (es ); J C-) I VkV�) C 1:51 r-nct i `„ Do yott live in the corporate limits of the City-of Seltertz? M yes ❑ no Are you 18 years or older? M yes ❑ no Are you registered to vote? 5j yes ❑ no Which County ?lam Ll gistraiiout No; Cul'rent /past occupation or area of expertise: Professional and /or community aetivities: 6efmot Additional perti gent information /references; Do you eonseart to We CitYcondueting a background clieck oil you ?; yes o 110 Submission of a Resume ox, Curriculum Vitae is encouraged. A letter, of interest may also be submitted. Tice information on this application is trite and correct, fit Signature: Date: F SS(C1H11L*1RUr7Z COMMUNITY* SERVICE * OPPORTUNITY Jana Volitis 2808 Berry Park, Schertz, TX 78154 (C) (210)542 -4015 (E)volitiscj @gmail.com Objective Appointment to serve as a member of the Schertz Charter Review Commission. Experience October 2013 - Present Schertz Chamber of Commerce Schertz Chamber of Commerce Schertz, TX Executive Administrativa Assistant • Provides clerical support for the Schertz Chamber of Commerce programs, fundraisers, events, ribbon cuttings, and various committee meetings • Manages accounts receivables, member invoicing, payment processing, daily book keeping, Chamber Member database, and the official Schertz Chamber website • Maintains policy and procedures documentation, as well as board minutes and agendas • Reconciles /manages the financial reports and summaries of fundraising events, meetings, and Chamber Memberships • Maintains the Schertz Visitor's center, answers questions about the City of Schertz and surrounding cities as well as mails relocation packets to new comers • Graduate of the 2014 SCOC Leadership CORE program which educates on leadership, community, local municipality, for and non - profit organizations, and the SCUCISD school district May 2012 - Present Halo Image Photography Halo Image Photography Valdosta, GA; Spokane, WA; Schertz, TX Entrepreneur • Establish an ongoing relationship with clients to build portfolios, assist in finding a target market and to provide images for small business marketing • Create logos, and promotional material for small businesses, and models • Photograph weddings, events, high school seniors, models, children, babies, family, maternity, and sports portraits • Lead discussions and educate other hobbyists on various topics about photography professionalism January 2013 — June 2014 Moments & Milestones Photography and Coordinating San Antonio, Texas Contract Photographer • Photographer for weddings and events • Coordinates photography with families at weddings and events (210)542 -4015 volitiscj @gmail.com Jana Volitis February 2006 - June 2011 Early Childhood Education June 2008 - June 2011 Fairchild Air Force Base Chapel Fairchild Afb, WA Child Care Coordinator • Coordinated child care at base chapel for children under 5 years of age as well as • Allocated funding for curriculum, creative projects and educational supplies • Managed volunteers who provided child care for various weekly activities at the base chapel February 2008 - December 2010 Coordinator of MOPS • MOPS (Mothers of Preschoolers) non - profit organization at Fairchild Afb, WA Base Chapel to provide life enrichment and Christian education to mothers • Managed 6 -7 various volunteer positions within our program • Marketed for the program on base to find volunteers and attendees • Averaged an attendance of 30 -40 members • Conducted monthly life enrichment meetings with attendance averaging 25 -30 mothers February 2006 - June 2007 American Kids Valdosta, GA Entrepreneur • Owned and operated in home child care • Ran full and part time care for children 5 years of age and younger • Designed play centers in an allocated school type setting while providing the comfort of in home care • Wrote seasonal weekly curriculum for varies ages • Designed USDA approved menus and executed the USDA approved menus within home care References are available upon request. Agenda No. 14 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: City Manager Subject: Resolution No. 14 -R -107 - Agreement with Schertz Chamber of Commerce BACKGROUND In April of 2010, the City entered into an Agreement with the Schertz Cham*-1-f ommerce and subsequently amended and restated the Agreement in May 2011. Contract is currently under review by the City Attorney, and an update will be provided on Monday. FISCAL IMPACT e Hot Funds annual impact not to exceed $55, 500 for fiscal year 2014 / 2015. RECOMMENDATION Approval of Resolution No. 14 -R -107 ATTACHMENT Reso RESOLUTION NO. 14 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH SCHERTZ CHAMBER OF COMMERCE, 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 agreement with the Schertz Chamber of Commerce; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Schertz Chamber of Commerce pursuant to the Agreement attached hereto as Exhibit A (the "Agreement "). THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS -qmmk -4w 1% Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Schertz Chamber of Commerce 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 16th day of December, 2014. ATTEST: City Secretary (Cl' CITY OF SCHERTZ, TEXAS Mayor EXHIBIT A AGREEMENT 50413416.1 A -1 Agenda No. 15 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2014 Department: Subject: BACKGROUND Mayor /Council Discussion and possible action regarding the City's Employee Compensation Plan. This item was discussed at the City Council meeting of December 2, 2014, and December 9, 2014. At the December 9, 2014, Councilmember Edwards requested that this item be placed back on the agenda for discussion. FISCAL IMPACT None RECOMMENDATION City Council to discuss and act if appropriate.