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04-28-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL April 28, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — City Council Regular Session Invocation and Pledtes of Allegiance to the Flays of the United States and State of Texas. (Councilmember John) 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 04 -28 -2015 Council Agenda officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of April 21, 2015. (J. Kessel /D. Schmoekel) 2. Ordinance No. 15 -T -13 — Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to the Drainage Channel Maintenance Fund for Improvements to the Laura Heights Drainage Channel — Downstream Section. Final Reading (J. Bierschwale /L. Busch) Discussion and Action Items 3. Resolution No. 15 -R -32 — Consideration and /or action approving a Resolution authorizing a contract with Lambda Construction I, Ltd. related to the East Live Oak Pump Upgrade Project. (J. Bierschwale /C. Raleigh) 4. Resolution No. 15 -R -33 - Consideration and /or action approving a Resolution authorizing contracts totaling no more than $80,000 with Advanced Water Well Technologies for labor and related materials for various separate and unrelated water pump repair projects during the 201.4 -1.5 fiscal year. (J. Bierschwale /C. Raleigh) 5. Ordinance No. 15 -M -14 — Consideration and/or action approving an Ordinance amending the City's Code of Ordinances Chapter 50, Article IV regulating the discharge of Guns. First Reading (C. Zech /M. Hansen) 6. Resolution No. 15 -R -34 — Consideration and/or action approving a Resolution authorizing the acceptance of a grant. (J. Bierschwale /M. Hansen) Roll Call Vote Confirmation Executive Session 7. The City Council will meet in closed session under Section 551.072 of the Texas Government Code, Deliberation Regarding Real Property. • Project E -005 - Project Shelter Reconvene into Regular Session 7a. Take any action based on discussions held in closed session under Agenda Item 7. Roll Call Vote Confirmation Requests and Announcements 04 -28 -2015 City Council Agenda Page - 2 - 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY 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 24th DAY OF APRIL 2015 AT 5:35 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. DOV1.V,2 SahVw 606 onna Schmoekel, Deputy City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. 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. 04 -28 -2015 City Council Agenda Page - 3 - 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 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 Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Cibolo Valley Local Government Corporation 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 John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 04 -28 -2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 28, 2015 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on April 21, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of April 21, 2015. ATTACHMENT Minutes — Regular meeting April 21, 2015. MINUTES REGULAR MEETING April 21, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 21, 2015, 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 Daryl John Staff Present: Deputy City Manager John Bierschwale Interim Executive Director Dudley Wait City Attorney Charles Zech Call to Order Mayor Carpenter called the meeting to Texas (Councilmember Azzoz) at 6:01 p.m. Councilmember Azzoz provided the invocati Flags of the United States and the $rate of Tex Events and • Announcements of upcoming City the fo owed 1 'the Pledges of Allegiance to the (J. Bierschwale /B. James) of Development Services Brian James who • Friday, April 24, Chamber Grand Re- Opening for Hands N' Harmony; Whole Body Wellness, 2041 Universal City, 3:00 p.m. • Friday, April 24, Dog Park Ribbon Cutting, 3:00 -6:00 p.m. • Friday, Apnl 24, Schertz- Cibolo Lions Club Casino Night, 6:00 p.m., Civic Center. U .pcoming events • Thursday, May 7, Schertz Sweetheart Coronation, Civic Center, 5:30 p.m. • Sunday, May 17, Schertz EMS Golf Tournament, Olympia Hills Golf Course. • Sunday, May 24, EMS Banquet, Civic Center, 6:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) 04 -21 -201.5 Minutes Page -1- Mayor Carpenter recognized City Manager John Kessel who stated he wanted to recognize a few employees from Public Works. A few months ago we applied for a TERP Grant which lets you retire old equipment that is polluting the environment; if we permanently disable it, we can be eligible for a reimbursement from the state. We received $107,000 back from the state. We can now reassign that money for other purchases for more fleet equipment. Mr. Kessel named Jonathan Harshman, Cindy Raleigh, Jennifer Jones, Jimmy Hooks, Larry Busch, Jr. and other folks in the Public Works Department as contributors to attaining this reimbursement . With further research they found that by trading in three of the pieces of equipment they could get more value through a trade in. This was a very smart way of handling thus matter and he commended the public works staffers for their leadership and ingenuity. Mayor Carpenter moved to the Hearing of Residents Hearing of Residents Mayor Carpenter recognized the following who • Mr. Glen Outlaw, 3729 Forsyth Park, who spoke o center. He believes the city realizes this is a very v that they do not have the resources,, stff or skills to to engage a third party to run it. He thinks: thQ decisi economic one, making sure we get our money's wQr comfortable with the city hiring a third party, Workshop Session • Discussii Pro -Tem the he future operation of the senior thwhile program but understands &rate, it; making it an easy option to fiire�a third party should be an At this time, he would feel more Skate Park Phase II Project. (Item requested by Mayor Mayor Carpenter recoghi d Executive Director Brian. James who stated when we built the skate park we received a $25,000 grant to, help us and the city kicked in an additional funding amount, resulting itt, about $140,000 to get the,, first phase up and running. The park opened last March. He showed a picture of the design on the overhead screen. There are three more circles of skating space that can be addd. However, we haven't done the actual construction drawings for the future phases. That would be the next step if we decide to proceed. Initially we probably thought it would oeur in-,three phases. The first phase is the least expensive. One of the next steps is that the Parks Department will come in and add some extras such as a bench, water fountain, a gazebo, picnic table, some trash cans, etc. They are starting to build this into their current workload. They are planning to talk with the Parks Board and talk about the city budget and what the members feel is needed and what our priorities should be. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he thinks the park is being fully utilized all the time; in fact, there are kids using it from our surrounding areas (i.e, Universal City, New Braunfels) who come to hang out with their friends in Schertz . He has spoken to some of the youngsters and they are interested in the other phases being added to what 04 -21 -2015 Minutes Page - 2 - we have now. He is encouraged and wants to hear what the Parks Board has to say about the budget as well. Mayor Carpenter recognized Councilmember Azzoz who asked whether we have any hours of operation posted and/or any security cameras. Mr. James stated we do not. In fact we are waiting to see about the possible need to add lighting and then also post hours of operation at that time. We have not had any problems so far, but once we grow the facility, we may want to consider some camera installation options. Mayor Carpenter recognized Councilmember Fowler who sked if any of'this is going to be put into next year's budget. Mr. James said the Parks Board will need to tell us what the priorities are and take this into consideration. We have been successful solar with the design -build process. With this process you hire someone, tell them your'bndget, and" hey go out and do the actual plan design and build it all in the same effort. If eduncil is interests in doing this, staff could probably go out and get a better feel for what,we think the next phases will cost and establish an order of magnitude. Mayor Carpenter stated that unlike other skate parks that needed cameras, the skate community here seems to be adept at being self - policing. The choices ,use made in building it are good ones (i.e., sturdy materials) and it looks like it will hold up for long time. He thinks the council would like to see a few choices on what we rrai ht do in the upcoming budget year and then we could have a discussion to see what options are available in securing private funding assistance. Mayor Carpenter recognized Councilmember Thompson Who suggested that we engage the opinions of some of the currreent' skate park users, by showing them the proposed design drawing and ask them which of the three, future circles they would like to see built first. Mr. James concurred that this was 'a wood idea., 1. Minutes - Conidration and/or action regarding the approval of the minutes of the Regular Meeting of April 14 015'. (J. Kessel/B. Dennis) Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Fowler to approve the minutes of the regular meeting of April 14, 2015. The vote was, unanitnous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. 2. Resolution No. I5 -R -29 — Consideration and/or action approving a Resolution Authorizing an Emergency Services Mutual Aid Agreement with Alamo Area Fire Chiefs Association. (D. Wait /D. Covington) The following was read into record: 04 -21 -2015 Minutes Page - 3 - RESOLUTION NO. 15 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN EMERGENCY SERVICES MUTUAL AID AGREEMENT WITH ALAMO AREA FIRE CHIEFS ASSOCIATION, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Fire Chief David Covington who stated they have an existing mutual aid agreement with the Alamo Area Chief's Association. Due to changes in the state law we had to make those same changes in our agreement and we also cleaned up some other language for clarification and contliuity. Since it wasn't just a normal renewal, they thought they needed to bring it back to council to approve. According to the agreement, any time an agency /city;decides rt6tllto respond, it is not an obligation. However, in cases when there is an unusual fire or liirge structure fires, the mutual aid agreements are great to have in place o that outlying; "area assistance is available to us. Mayor Carpenter recognized Mayor Pro -Tc Councilmember Fowler to approve Resolution with Mayor Pro -Tem Edwards, Counci Thompson voting for and no one voting no. Before proceeding to the next it Dwayne Robinson from Judge N audience tonight. As who moved, seconded by -29. The vote was unanimous Fowler, Azzoz, John and 9,r `Carpenter recognized Mr. exar County, who was in the 3. Ordinance N6.454-13 — (consideration and/or action approving an Ordinance authorizing a Budget Adjustment to the Drainage Channel Maintenance Fund for Improvements to the Laura Heights Drainage, Ch ml - Downstream Section. First Reading (J. Bierschwale /L. following ORDINANCE NO. 15 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DRAINAGE CHANNEL MAINTENANCE FUND FOR IMPROVEMENTS TO THE LAURA HEIGHTS DRAINAGE CHANNEL — DOWNSTREAM SECTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Storm Water Manager Larry Busch, Jr. who stated this is an ongoing project, Phase III (final phase) of the Laura Heights Drainage Channel. The city has funded the first two phases already. After talking with the Home Owners Association (HOA), they were more than willing to participate so that Phase III could be completed. As a result, they donated $25,000 to help finish it. Now we are looking at about $30,000 04 -21 -201.5 Minutes Page - 4 - for the project. All that remains, is for us to do a budget adjustment to move that donation from the HOA to the Drainage Channel Maintenance Fund to finish out this project. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tern Edwards to approve Ordinance No. 1.5 -T -13 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. 4. Resolution No. 15 -R -31 — Consideration and /or action approving a Resolution in Support of House Bill 1415 introduced by Representative John Kuetrtpel during the 84th Regular Session of the Texas Legislature related to the establishment or use of cemeteries in certain municipalities. (J. Kessel/D. Wait) The following was read into record: 1 kill 900110 01/10199 � A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IN SUPPORT OF HOUSE BILL 1415 INTRODUCED BY REPRESENTATIVE JOHN KUEMPEL DURING ",THE 84TH REGULAR SESSION OF THE TEXAS LEGISTLATURE RELATED',,, TO THE ESTABLISHMENT OR USE OF CEMETARIES IN CERTAIN MUNICIPALITIES Mayor Carpenter recognized Councilmember Azzoz who asked where something like this (a new cemetery) would be located. Mr. Wait stated it could be anywhere but one place that was talked about was south of the air force base where it is mostly parkland and where we can't build anything else to protect the base. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Resolution No. 15 -R -31. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. 04 -21 -201.5 Minutes Page - 5 - Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for agenda items 1 through 4. Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 6. Requests by Mayor and Council agenda. Mayor Carpenter recognized Councilmember Fowl 1) A work session to discuss considering a code be placed City requested the following: ment to require surveys of the of Occupancy (CO) of a new ,nerns about foundation issues ation. After first going to the ouncil work session could be 2) A work ses ion on the s bject of the city participating in student internship programs. 3) An overvi&w`by :Publie,:.Works Director Sam Willoughby of the road bond project work we did a result of the 2006 Bond Election, addressing what we did and how we prioritized our work pioj ci~ Ji.e., Northcliffe roads like Tiffany Drive that did not due tb funning out of funding). Lrpenter recognized Councilmember Azzoz who requested a general discussion ion regarding Section"4.07A of the city charter. Mayor Carpenter recognized Councilmember Thompson who requested an update on the Amazon incentive package (tax abatements) and benchmarks, in particular, with regard to the number of'tnployees (full time /part-time) it has on board. It was agreed to put this on the agenda for further discussion in a couple of weeks. Mayor Carpenter recognized Councilmember Azzoz who requested an update on the Employee Classification and Compensation Study currently in progress and being conducted by Evergreen Solutions. This item is to be placed on the agenda in a few weeks for discussion. Mayor Carpenter recognized Mayor Pro -Tem Edwards who requested we prepare a proclamation for local business Schertz Bank and Trust for being in business over 65 04 -21 -2015 Minutes Page - 6 - years. He also asked for a proclamation thanking all the outside organizations and groups that helped with the recent re- dedication of Gutierrez Park. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. None requested. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be at • City Council Committee and Liaison Assignmen • Continuing education events attended and to be, • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items assignments below) ",who asked the rest of the ,emendation for our local high . kids off to college in a few acceptance into college. He Park there were a lot of clubs all volunteers. He suggested them know that what they are Mayor Carpenter recognized Councilmember Thompson who thanked Park Manager Chuck Van a dt of, the Parks and Recreation Department in regard to the care of the Gutierrez Park s= well as a thank you to the Gutierrez family for providing lunch for everyone who attended the park's re- dedication on Sunday, April 19. Mayor Carpenter stated the local HEB had their grand re- opening at 9:30 a.m. on Friday, April 17. They did a fine job and are good partners here in our community. Adjournment As there was no further business the meeting was adjourned at 6:58 p.m. 04 -21 -2015 Minutes Page - 7 - Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary 04-21-2015 Minutes Page - 8 - CITY COUNCIL MEMORANDUM City Council Meeting: April 28, 2015 Department: Public Works Agenda No. 2 Subject: Ordinance No. 15 -T -13 — An Ordinance by the City Council of the City of Schertz, Texas Authorizing a Budget Adjustment to the Drainage Channel Maintenance Fund for improvements to the Laura Heights Drainage Channel — Downstream Section. (Final Reading) Since 2013 . staff has been working with the residents within the Laura Heights and Ivy Estates Subdivisions to improve their drainage channels so that the Laura Heights Homeowner's Association (HOA) will be able to maintain them. The first two phases of the project (funded by the City) consisted of a concrete drainage swale to carry the constant flow through the Laura Heights Detention Pond and the channel from the outfall of the pond to the culvert upstream of Laura Bluff. Staff discussed a lack of funding for this fiscal year with the HOA President and through an action by the Laura Heights HOA Board they agreed to donate $25,000 for the final phase to get this project completed. The donation was received in February 2015. Staff is requesting a budget adjustment to use the $25,000 donation to substantially fund the final phase of the drainage improvement project downstream of the the Laura Heights Subdivision. This phase will be a 5 -foot concrete drainage swale approximately 450 feet long from the concrete riprap downstream of the Laura Bluff culverts to the Lazar Parkway right -of -way that is maintained by the City. The project is estimated to cost approximately $30,000 and will be funded from the donation and remaining funds in the FY 201.4 -1.5 Drainage Channel Maintenance line item within the Drainage Fund. Staff recommends approval. City Council approved this on first reading at their meeting of April 21, 2015. Goal To complete the final phase of the drainage improvement project downstream of the Laura Heights Subdivision to provide for proper drainage to protect life and property and to provide the ability for the HOA to properly maintain the channel. Community Benefit Through cooperation with the Laura Heights HOA the city will be able to complete this project that will provide for appropriate drainage to protect life and property for residents in the neighborhood as well as provides maintainable structures that help the HOA sustain the capacity and integrity of the storm water conveyance facilities. Summary of Recommended Action City Council Memorandum Page 2 Staff recommends Council approve the ordinance on final ready authorizing a budget adjustment to the Drainage Channel Maintenance Fund for improvements to the Laura Heights Drainage Channel — Downstream Section. I I kTW 01L3I7T911 Y Fiscal impact of this project is $30,000. Action will approve recognizing $25,000 from Drainage Revenue collected as a donation from the Laura Heights Homeowners Association for the Drainage Channel Maintenance Fund. The remaining balance will be paid out of the Drainage Channel Maintenance Fund for the FY2014 -2015 approved budget. This item was not a budgeted item. RECOMMENDATION Staff recommends Council approve Ordinance 1.5 -T -13 on final Reading. ATTACHMENTS Ordinance 1.5 -T -13 Location Map (Exhibit) Letter from Laura Heights Homeowners Association ORDINANCE NO. 15 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DRAINAGE CHANNEL MAINTENANCE FUND FOR IMPROVEMENTS TO THE LAURA HEIGHTS DRAINAGE CHANNEL — DOWNSTREAM SECTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 1.4 -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 -201.5 fiscal year; and WHEREAS, the City has received A $25,000 donation from the Laura Heights Homeowners Association to substantially fund an improvement project for a drainage channel; and WHEREAS, the City needs to adjust the Budget to recognize $25,000 received as a donation from the Laura Heights Homeowners Association to fund improvements to the Laura Heights Drainage Channel — Downstream Section (the "Project "); and WHEREAS, City staff recommends that the City Council of the City of Schertz adjust the Budget and approve using the donation from the Laura Heights Homeowners Association for the project; 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 approve the use of the $25,000 donation from the Laura Heights Homeowners Association, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $25,000 in the Drainage Fund to the fund the improvements to the Laura Heights Drainage Channel — Downstream Section and recognize the $25,000 donation. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 21st day of April, 2015. . PASSED, APPROVED and ADOPTED ON SECOND READING, the 28th day of April, 2015. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Diamond Association Management Consulting "We .Manage your Community" February 20, 2015 City of Schertz Attention: Mr Larry Busch 1400 Schertz Parkway Schertz, TX 78154 Dear Mr Busch, This letter is to confirm that Check # 1301, in the amount of $25,000.00 (twenty -five thousand dollars) from the Laura Heights Homeowners Association was provided to the City of Schertz as a "Cost Share" to complete the reconstruction of the drainage channel on the southwest side of Laura Bluff Dr between Hunter Estates and Ivy Estates within the area of Laura Heights Estates HOA. If you have additional questions please contact Mr Clark McChesney, 915 -525 -9036 - - clark.mcchesney@gmail.com, president of the Laura Heights HOA or the undersigned. Best Regards, , r`r Rodney Herrera Managing Agent for Laura Heights Estates HOA, Inc. _.. 6391 DeLwalaRoaJ,,c5ui(te223D IV anAntan6,Texas78249 N%P I(w) 21 o- 561-0606 O 216-6 jc7-1 1231W , . manaer -w <iamclx.com .DAMC TX, com 4# Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 28, 2015 Department: Public Works Subject: Resolution No. 15 -R -32 — A Resolution by the City Council of the City of Schertz, Texas authorizing a contract with Lambda Construction I, Ltd. related to the East Live Oak Pump Upgrade Project, and other matters in connection therewith [ X1 4',T" Z111L`I 1 The City desires to upgrade and improve the East Live Oak Water Pump Station to meet future demand during high -peak consumption months. The improvements include upgrading an existing 100 Horse Power Low Pressure Zone Pump and Motor and adding a 300 Horse Power High Pressure Zone Pump and Motor to the system. All plumbing, electrical, start up, testing and disinfection is included. This project is vital to the water distribution system for the City of Schertz during increased demand periods. The project was publicly bid using the Competitive Sealed Bid Proposal Method. This method allows the City to choose a contractor not only based on cost, but on qualifications and experience as well. Two bids were received for this project. Public Works has chosen to recommend Lambda Construction I, Ltd. for this project. Lambda did have the higher cost bid, but were the best value selection based on the rest of the criteria including experience, qualifications, reputation, capability, past performance, experience with other entities, experience with similar projects, available resources, and corporate history and stability. Due to the sensitivity of this project and the need to keep the "Heartbeat of the City" pumping, we want to choose the better qualified company over the less expensive company. Lambda's bid was still $85,000 under the Engineer's estimate for this project and the budgeted amount for this project. The balance will provide for contingency, legal, and any other professional services that may arise during the project. Staff met with representatives from Lambda on April 10, 2015 to negotiate the project as required per the Competitive Sealed Bid Proposal. Method. All parties agree that the design has been optimized to the most cost - efficient manner possible; no further construction cost savings could be identified; therefore based on qualifications, experience, and corporate history and stability, staff recommends contracting with Lambda Construction I., Ltd. of New Braunfels, to complete the East Live Oak Pump Upgrade :Project in the amount of $365,000. The Engineer estimate and budgeted amount for this project was $450,000. The budget for the project is as follows: East Live Oak Pumb Uberade Project Engineering $6,995 Construction $365,000 Legal $3,000 Advertising $700 Construction Contingency $36,500 Project Total $413,195 Goal Approve Resolution 15 -R -32 for the East Live Oak Pump Upgrade Project. Community Benefit With upgraded and back -up pumps and motors, the water distribution system can consistently provide adequate service and pressure issues to the citizens and businesses of the City. Summary of Recommended Action Staff recommends Council approve hiring Lambda Construction 1, Ltd. for a contract amount of $365,000 for the East Live Oak Pump Upgrade Project. FISCAL IMPACT The fiscal impact of the project will not exceed $413,1.95. The project will be paid for from Water Capital Recovery Projects, Project Code RK1. This is a budgeted item in the FY 2014 -15 Budget. RECOMMENDATION Staff recommends Council approval of Resolution 15 -R -32. ATTACHMENTS Resolution 15 -R -32 Bid Tabulation RESOLUTION NO. 15 -R -32 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH LAMBDA CONSTRUCTION I, LTD. RELATED TO THE EAST LIVE OAK PUMP UPGRADE 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 Lambda Construction I, Ltd. related to the East Live Oak Pump Upgrade Project; and WHEREAS, City staff has received qualifications indicating that Lambda Construction I, Ltd. 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 pursuant to the recommendation made by Public Works Staff. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with Lambda Construction I, Ltd. related to the Dietz Creek at Borgfeld Drainage Maintenance and Improvement 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 28th day of April, 2015 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL UNIT PRICE TOTAL o r ica ion pgra es or - o nc u e Modifications to Pumps, Motors, coatings, Testing & 1 Start up, COMPLETE IN PLACE Is 1 $ 55,492.00 $ 55,492.00 $ 73,000.00 $ 73,000.00 New Vertical Turbine Pump for HSP -4, to include New Pump, Motor, Valves, Piping, Fittings & Appurtanences, 2 Coating, Testing & Start Up, COMPLETE IN PLACE Is 1 $ 131,384.00 $ 131,384.00 $ 130,000.00 $ 130,000.00 Relocation of Surge Bypass Piping to include Piping, Valves, Coatings, Tie -Ins, Site Restoration - 3 COMPLETE IN PLACE Is 1 $ 27,598.00 $ 27,598.00 $ 18,000.00 $ 18,000.00 Electrical, Controls and Instrumentation - COMPLETE 4 IN PLACE Is 1 $ 92,344.00 $ 92,344.00 $ 117,000.00 $ 117,000.00 5 Relocation of Chemical Lines Is 1 $ 5,754.00 $ 5,754.00 $ 12,000.00 $ 12,000.00 6 Allowance for Testing - COMPLETE IN PLACE Is I $ 8.485.00 $ 8.485.00 $ 15.000.00 $ 15.000.00 TOTAL AMOUNT BID Bid Tabulation 1 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 28, 2015 Department: Public Works Subject: Resolution No. 15 -R -33 - a Resolution . authorizing contracts totaling no more than $80,000 with Advanced Water Well Technologies for labor and related materials for various separate and unrelated water pump repair projects during the 2014 -15 Fiscal Year and other matters in connection therewith :• xl:l ►1 The City has various large water pumps that move our water around the City from our Live Oak pump station. These pumps are essential to maintaining water service for drinking water, firefighting, industrial use, and irrigation use around the City, particularly during peak demand times. From time to time, these pumps fail and need repair. Typically, this is an urgent repair that the City would contact repair vendors based on their availability, their workload, and their experience. We currently do not have a contract with an "on- call" vendor as pump repairs are uncommon. However, the City has recently experienced two failures and is seeking Council approval of the second contract due to the amount of both repairs exceeding $50,000. The City has contracted with Advanced Water Well Technologies for labor and related materials for two separate and unrelated pump repair projects at East Live Oak. The first repair was approximately $23,000 and the second repair is estimated to be $30,227. Staff is seeking an additional buffer amount with Advanced Water Well Technologies in case of a third pump failure as we go into the peak water use season and prior to either the establishment of an "on -call" vender for pump repairs or the end of the fiscal year. This buffer amount is estimated to cover one average pump repair. The City's Purchasing Policy, adopted and approved by the City Council of the City pursuant to Resolution No. 11 -R -14, authorizes the City Manager, or his or her designee, to approve and execute contracts for amounts less than $50,000 without obtaining City Council approval for such contracts. The total amount of the various separate and unrelated contracts that the City has entered into with Advanced Water Well Technologies during the 201.4 -15 Fiscal Year will exceed $50,000 with this second repair. City staff desires the ability to utilize Advanced Water Well Technologies in connection with one or more additional separate water pump repair project during the remainder of the 2014 -15 Fiscal Year, for total expenditures of up to $80,000. The Public Works Department operates two well sites and three booster stations throughout the City that require pumps and motors to push water through the system and into storage tanks for use by citizens and businesses. Presently, the City has the following pumps and motors at these various sites: East Live Oak Pump Station 3 High Pressure Zone Pumps and Motors 3 Low Pressure Zone Pumps and Motors (2 High Pressure Zone Pumps have gone down in the March and April 2015) Nacogdoches Well Site 2 High Pressure Pumps Deer Haven Booster Site 2 Booster Pumps Northcliffe Booster Site 2 Booster Pumps Ware Seguin Booster Site 2 Booster Pumps At unforeseen times, any of the above pumps and motors could experience break down that would result in repairs. Staff would like to be prepared to have approval to spend the additional funds if necessary with Advance Water Well Technologies for these repairs if needed. The Public Works Department has currently contracted with Advanced Water Well Technologies for the repair of one pump and motor and needs to contract for a second repair. The balance of funds available to be spent with Advanced Water Well Technologies will be used for unforeseen and emergency repairs of water pumps in the City. Goal To obtain approval from City Council to approve and execute contracts with Advanced Water Well Technologies during the remainder of the 2014 -15 Fiscal Year for total expenditures of up to $80,000. Community Benefit To provide the best services at the lowest cost for labor and related materials for various separate and unrelated water pump and motor repair projects within the City of Schertz. Summary of Recommended Action Staff recommends that Council authorize the City Manager to approve and execute contracts with Advanced Water Well Technologies, during the remainder of the 2014 -15 Fiscal Year for total expenditures of up to $80,000 (cumulative). FISCAL IMPACT No fiscal impact for approval of the Resolution. Costs associated with utilizing Advanced Water Well Technologies for repair projects will be paid for accordingly and as needed. Funds are budgeted for these services as required. RECOMMENDATION Staff recommends Council approve Resolution 1.5 -R -33. ATTACHMENTS Resolution 1.5 -R -33. RESOLUTION NO. 15 -R -33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CONTRACTS TOTALING NO MORE THAN $80,000 WITH ADVANCED WATER WELL TECHNOLOGIES FOR LABOR AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED WATER PUMP REPAIR PROJECTS DURING THE 2014 -15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has contracted with Advanced Water Well Technologies for labor and related materials for various separate and unrelated water pump repair projects; and WHEREAS, City staff has received qualifications indicating that Advanced Water Well Technologies is qualified to provide such services for the City; and WHEREAS, the various contracts between the City and Advanced Water Well Technologies have been related to work for the City's Public Works Department; and WHEREAS, Advanced Water Well Technologies has a reputation of consistently providing a quality job for the City and the repair of pumps that provide water service to the citizens and businesses of the City; and WHEREAS, the City's Purchasing Policy, adopted and approved by the City Council of the City (the "City Council ") pursuant to Resolution No. 11 -R -14, authorizes the City Manager, or his or her designee, to approve and execute contracts for amounts less than $50,000 without obtaining City Council approval for such contracts; and WHEREAS, the total amount of the various separate and unrelated contracts that the City has entered into with Advanced Water Well Technologies during the 2014 -15 fiscal year is approaching $50,000; and WHEREAS, the City staff desires to continue to work with Advanced Water Well Technologies in connection with one or more additional separate and unrelated water pump repair projects during the remainder of the 201.4 -1.5 fiscal year, for total expenditures of up to $80,000; and WHEREAS, the repair of water pumps for the City is an essential and necessary endeavor; and WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City for the City to continue to be able to utilize Advanced Water Well Technologies for additional separate and unrelated water pump repair projects including unanticipated repairs that may arise during the remainder of the 2014 -15 fiscal year of up to $80,000. l:�=111■ lr0f.Y�II liINO lOM1I I 1 MEN I111'LOLKi1O[N r[O]=1I:1Wi1i111iL97M ilaN.71MY�:I:�. THAT: Section 1. The City Council hereby authorizes the City Manager to approve and execute contracts with Advanced Water Well Technologies for additional separate and unrelated water pump repair projects including unanticipated repairs that may arise during the remainder of the 2014 -15 fiscal year of up to $80,000. 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. -2- PASSED AND ADOPTED, this 28th day of April 2015. Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -3- CITY OF SCHERTZ THE STATE OF TEXAS § GUADALUPE COUNTY § This Construction Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Advanced Water Well Technologies ( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto 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) Contractor shall perform the Work 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 ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work 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 Contractor 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 Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor 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 Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. CITY OF SCHERTZ PAGE 1 Contractor Agreement— Advanced Well Tech Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor 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 Contractor prior to the time of termination. The Project shall be completed for inspection and acceptance by the City on or before May 29, 2015. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for in the attached Exhibit B throughout the term of the Project plus an additional two years. In addition to the insurance provided for in Exhibit B, Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor 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 Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor 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 by reason of the Contractor 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: Contractor 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 Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. 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 "C ". CITY OF SCHERTZ PAGE 2 Contractor Agreement — Advanced Well Tech Section 6. Miscellaneous Provisions (A) Subletting. The Contractor 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 Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor 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 Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor 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 Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor 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. Contractor further agrees that Contractor 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 Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor 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 Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be 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 CITY OF SCHERTZ PAGE 3 Contractor Agreement — Advanced well Tech 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. (F) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Section 7. Termination (A) This Agreement may be terminated: (l) By the mutual agreement and consent of both Contractor 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 Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor 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 Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor 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 Contractor 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 not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH ) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING CITY OF SCHERTZ PAGE A Contractor Agreement — Advanced Well Tech THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. 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 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severabilitv If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor 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 13. 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 14. 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. CITY OF SCHERTZ PAGE 5 Contractor Agreement — Advanced Well Tech Section 15. 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 16. 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 17. 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. Section 18. Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. 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 20. 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 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor 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. Section 22. Dispute Resolution In accordance with the provisions of Subchapter 1, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered CITY OF SCHERTZ PAGE 6 Contractor Agreement— Advanced Well Tech 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. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 7 Contractor Agreement— Advanced Well Tech EXECUTED 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 CITY OF SCHERTZ STANDARD CONSTRUCTION AGREEMENT v 2 day of 12015. CONTRACTOR: By: Name: Title: CONTRACTOR: Advanced Water Well Technologies 14394 E. Interstate Hwy 10 Converse, TX 78109 830.865.2362 PAGE 8 Exhibit "A" SCOPE OF WORK Proiect Removal, repair and re- installation of the 30OUS VSS Electric Motor located at the East Live Oak Pump Station. Location 1057 Live Oak Road Schertz, Texas 781.54 Scope of Work Contractor will remove the 30OUS VSS Electric Motor located at the East Live Oak Pump Station. Contractor shall disassemble, inspect, clean, test rotor bars, check run out, rewind stator, triple dip and bake, furnish and install new winding RTDs (2 per phase), furnish and install new space heaters, balance rotor (with report), fill with new oil (mobile SHC 626 per motor spec), install new anti- revers ratchet assembly, new bearing carrier, assemble, test and paint. Contractor shall re- install pump at location and make all electrical wire connections, check rotation, and test. Price includes mobilization, demobilization and shipping costs, as well as, any supplies needed to wire the motor. Price also includes all necessary labor and materials for the diagnosis fee, freight and installation of a new 300HP. The GE soft start will be removed and a Weg soft start will be installed. Contractor will warranty craftsmanship for one year, and there is a manufacturer's warranty on equipment for one year. Price Total. Fee: $30,227 CITY OF SCHERTZ PAGE 9 STANDARD CONSTRUCTION AGREEMENT v 2 Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor 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 Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor 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. Contractor'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 Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ STANDARD CONSTRUCTION AGREEMENT v 2 emailed to: purchasln(cr�7,schertz.com Faxed to: 210- 619 -1169 PAGE 10 CITY OF SCHERTZ PAGE 11 STANDARD CONSTRUCTION AGREEMENT v 2 [ " L EIS EXP � I .,, 01A 111 va0i'm A Amy vi R, -Wn&AmVvlML-i &Ati!SWP,i+t.�,1 . A--t D'Q,,._ iLE6 i819f'' �� . . ;' " �: Katy up .Y wv' D _A ep '# - 440 L�'iiN wain (Ti ilit �EIr mftbs �. poe4domb it CITY OF SCHERTZ PAGE 11 STANDARD CONSTRUCTION AGREEMENT v 2 (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non- Contributory (4) Cancellation. Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 12 STANDARD CONSTRUCTION AGREEMENT v 2 Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 13 STANDARD CONSTRUCTION AGREEMENT v 2 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: April 28, 2015 Department: Police Department Subject: Ordinance No. 15 -M -14 - Discharge of Firearms Ordinance (First Reading) The City of Schertz (the "City ") authorization an amendment to Chapter 50 of the City's Code of Ordinances on May 20th of 2014. Reviewing the amended ordinance it was discovered that it did not include the option for the Police Department to enter into a license to utilize property for a firearms training facility. This amendment will make that change. Goal The City wishes to enter into a license to utilize land for a firearms training facility. Community Benefit The benefit of this ordinance is to create an opportunity for the City to enter into a license allowing the Police Department to utilize land for a firearms training facility. Summary of Recommended Action Recommend approval of ordinance amending chapter 50 of the City Code of Ordinances to make it lawful for a Schertz Police officer or an individual under the supervision of a Schertz Police officer to discharge a firearm on property owned, licensed or leased by the City for the purpose of firearms training. FISCAL IMPACT None. RECOMMENDATION Recommend approval of Ordinance No. 15 -M -14 ATTACHMENT(S) Ordinance No. 15 -M -14 ORDINANCE NO. 15 -M -14 AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 50 -1.24 of the City's Code of Ordinances currently prohibits the discharge of a gun within the certain portions of the City limits; and WHEREAS, Section 50 -1.25 of the City's Code of Ordinances currently provides certain exceptions to the prohibitions found in Section 50 -124; and WHEREAS, City Staff has reviewed the current regulations and hereby recommends certain additional exceptions to the prohibition on the discharge of a gun be provided for in Section 50- 1.25 to authorize the City of Schertz Police Department (the " Schertz Police Department ") to utilize a shooting range and weapons training facility to train its officers; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that the recommendations of City Staff should be accepted; and WHEREAS, City Council of the City of Schertz hereby finds and determines that the exceptions to the prohibition on the discharge of a gun and the additional amendments provided for herein are in the best interest of the health, safety, and welfare of the citizens of the City of Schertz. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Chapter 50, Article IV Guns, BB Guns, Pellet Guns be amended as follows: Sec. 50 -125. Exception. Excepted from section 50 -124 are: (5) By any Schertz Police-Officer or by an individual under the supervision of a Schertz Police Officer on property owned, licensed or leased by the City for purposes of gun training. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 28tb day of April, 2015. . PASSED, APPROVED and ADOPTED ON SECOND READING, the day of , 2015. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50310827.1 - 2 - CITY COUNCIL MEMORANDUM City Council Meeting: 04 -28 -2015 Subject: 2015 Criminal Justice Division of the Texas Governor's Office Grant Award Agenda No. 6 Department: Police Department Texas Governor's Office Grant The City is requesting authorization to accept a fiscal year 2015 Criminal Justice Division of the Texas Governor's Office grant aware for the project titled: Crime victim Liaison Unit in the amount no greater than $5,340.00 with a matching funds requirement no greater than $1,335.00. Chief Hansen recommends the authorization to accept the grant award. Goal Provide funding for equipment needed by the Crime Victim Liaison in the performance of his /her duties to include public presentations and training. Community Benefit Provide for the assistance and training of our Community and law enforcement personnel in the abilities of our Crime Victim Liaison. Summary of Recommended Action The acceptance of the fiscal year 2015 Criminal Justice Division of the Texas Governor's Office grant aware for the project titled: Crime victim Liaison Unit in the amount no greater than $5,340.00 with a matching funds requirement no greater than $1,335.00. 50631771.1 FISCAL IMPACT A grant award of $5,340.00 with a matching funds requirement no greater than $1,335.00. The matching funds amount is currently available in the existing Police Department budget. RECOMMENDATION Approval of Resolution No. 15 -R -34 ATTACHMENT(S) Resolution No. 15 -R -34 and fiscal year 2015 Criminal Justice Division of the Texas Governor's Office grant aware for the project titled: Crime victim Liaison Unit agreement 50631771.1 RESOLUTION NO. 15 -R -34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has applied for and wishes to accept the award for a fiscal year 2015 grant through the Texas Criminal Justice Division of the Texas Governor's Office for the project titled "Crime Victim Liaison Unit "; and WHEREAS, the grant funds total no more than $5,340.00 and require matching funds of no more than $1,335.00; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that it is in the best interest of the City to accept the grant award for a fiscal year 2015 grant through the Texas Criminal. Justice Division of the Texas Governor's Office Grant funds totaling no more than $5,340.00 with a matching funds requirement of no more than $1,335.00 for the project titled: Crime Victim Liaison Unit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the acceptance of the grant award for a fiscal year 2015 grant through the Texas Criminal Justice Division of the Texas Governor's Office Grant funds totaling no more than $5,340.00 with matching funds of no more than $1,335.00 (the "Grant ") for the project titled "Crime Victim Liaison Unit." Section 2. The City Council hereby authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement, acceptance, rejection, to alter, or terminate the grant. Section 3. The City Council hereby assures that, in the event of loss or misuse of grant funds, all funds shall be reimbursed to the Criminal Investigations Division of the Texas Governor's Office. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 5. 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Item 613 Resolution CJD grant - Crime Victim Liaison Equipment. 04212015.v.2F.DNRBHZ.cezCrime Victim Liaison Unit Page 1 Section 7. 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 8. 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 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of April, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Grant number: 2923601 Item 613 Resolution CJD grant - Crime Victim Liaison Equipment. 04212015.v.2F.DNR13 HZ.cezCrime Victims Liaison Unit Page 2 Agency Name: City Of Schertz Grant /App: 2923601 Start Date: 9/1/2015 End Date: 8/31/2015 Project Title: Crime Victims Liaison Unit Status: Pending OOG Review Eligibility Information Your organization's Texas Payee /Taxpayer ID Number: 17414693444005 Application Eligibility Certify: Created on:2/24/2015 10:04:49 AM By:John Correu Fm Mi"MariTUT11"IT Applicant Agency Name: City Of Schertz Project Title: Crime Victims Liason Unit Division or Unit to Administer the Project: Schertz Police Department Criminal Investigations Division Address Line 1: 1400 Schertz Parkway Address Line 2: Building #6 City /State /Zip: Schertz Texas 78154 -1672 Start Date: 9/1/2015 End Date: 8/31/2015 Regional Council of Goverments(COG) within the Project's Impact Area: Alamo Area Council of Governments Headquarter County: Guadalupe Counties within Project's Impact Area: Bexar,Comal,Guadalupe Grant Officials: Authorized Official User Name: Johnny Bierschwale Email: jbierschwale @schertz.com Address 1: 1400 Schertz Parkway Address 1: City: Schertz, Texas 78154 Phone: 210 - 619 -1021 Other Phone: Fax: 210-619-1220 Title: Mr. Salutation: Mr. Position: Deputy City Manager Proiect Director User Name: John Correu Email: Jcorreu @schertz.com Address 1: 1400 Schertz Pkwy, Bldg #6 Address 1: City: Schertz, Texas 78154 Phone: 210- 619 -1245 Other Phone: 210 -860 -6429 Fax: 210-619-1220 Title: Mr. Salutation: Lieutenant Position: Lieutenant Financial Official User Name: Juan Santoya Email: jsantoya @schertz.com Address 1: 1400 Schertz Parkway Address 1: City: Schertz, Texas 78154 Phone: 210- 619 -1141 Other Phone: Fax: 210-619-1149 Title: Mr. Salutation: Mr. Position: Finance Director Grant Writer User Name: John Correu Email: Jcorreu @schertz.com Address 1: 1400 Schertz Pkwy, Bldg #6 Address 1: City: Schertz, Texas 78154 Phone: 210 - 619 -1245 Other Phone: 210- 860 -6429 Fax: 210-619-1220 Title: Mr. Salutation: Lieutenant Position: Lieutenant Organization Type: Unit of Local Government (City, Town, or Village) Organization Option: applying to provide direct services to victims only Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI) Number or Vendor ID): 17414693444005 Data Universal Numbering System (DUNS): 958344285 I I Primary Mission and Purpose The purpose of this program is to provide services and assistance directly to victims of crime to speed their recovery and aid them through the criminal justice process. Services may include the following: • responding to the emotional and physical needs of crime victims; • assisting victims in stabilizing their lives after a victimization; • assisting victims to understand and participate in the criminal justice system; and • providing victims with safety and security. Funding Levels The anticipated funding levels for these programs are as follows: • Minimum Award - $5,000 • Maximum Award -None • Grantees, other than Native American Tribes, must provide matching funds of at least twenty percent (20 %) of total project expenditures. Native American Tribes may be required to provide a five percent (5 %) match. This requirement may be met through either cash or in -kind contributions or a combination of both. For more information regarding grantee match, please click on the Budget tab, and then click on the Source of Match tab in eGrants. Note: If you voluntarily include matching funds that exceed the minimum match requirement, you will be held to that amount throughout the grant period. Program Requirements Preferences Preference will be given to applicants that provide core services to victims and that promote comprehensive victim restoration while incorporating an emphasis on cultural competency in underserved populations. Applicants are also strongly encouraged to streamline administrative and reporting processes by consolidating grant requests whenever possible in lieu of submitting multiple applications. Criminal History Reporting Entities receiving funds from CID must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public (DPS) Safety as directed in the Texas Code of Criminal Procedure, Chapter 60. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Program Emphasis Applicant agrees to implement comprehensive strategies that are sensitive to the concerns and safety of the victims and hold offenders accountable for their crimes. Applicants must indicate the percentage of their project that benefits Victim Services, Law Enforcement, Prosecution, Courts or other areas. Program emphasis decisions should be made based on the beneficiary of the funded activities. For example, a victim services coalition who provides training to police throughout the state would fall under the "law enforcement" category because the training is to benefit law enforcement. Indicate the percentage ( %) of your project that benefits: Victim Services - any nonprofit, nongovernmental organization that assists victims. 100 Law Enforcement - any public agency charged with policing functions. 0 Prosecution - any public agency charged with direct responsibility for prosecuting criminal offenders. 0 Court - any civil or criminal court system. 0 Other - any initiative that indirectly affects victims (ex., developing protocols and procedures). 0 Culturally Competent Victim Restoration Provide information in this section regarding how your organization is culturally competent when providing services to victims. Here are some guidelines to follow: Victim service providers must have the ability to blend cultural knowledge and sensitivity with victim restoration skills for a more effective and culturally appropriate recovery process. Cultural competency occurs when: (1) cultural knowledge, awareness and sensitivity are integrated into action and policy; (2) the service is relevant to the needs of the community and provided by trained staff, board members, and management; and (3) an advocate or organization recognizes each client is different with different needs, feelings, ideas and barriers. The crime victims liaison unit will focus on cultural competence by recognizing and overcoming a variety of cultural barriers to effective service delivery. We will implement language services to reduce problems that can arise with victims of varying language backgrounds. We will work collectively with outreach programs to identify target populations that are in need of crime victim services. All services will focus on the following areas: 1. Cultural identity of the individual 2. Cultural explanations of the individual's situation 3. Cultural factors related to the psychosocial environment 4. Cultural elements of the relationship between the individual and the suspect 5. Overall cultural assessment for assessment of needs Culturally Specific and Underserved Populations UNDERSERVED POPULATIONS - The term 'underserved populations' means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate. CULTURALLY SPECIFIC - The term 'culturally specific' means the program is primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u- 6(g)). The term 'racial and ethnic minority group' means American Indians (including Alaska Natives, Eskimos, and Aleuts); Asian Americans; Native Hawaiians and other Pacific Islanders; Blacks; and Hispanics. The term `Hispanic' means individuals whose origin is Mexican, Puerto Rican, Cuban, Central or South American, or any other Spanish- speaking country. The organization must do more than merely provide services to an underserved population or culturally specific group; rather, the organization's primary focus must be on providing culturally competent services designed to meet the specific needs of the target population in order to justify a YES response in the section below. Does your program have a primary focus on serving a culturally specific population? _ Yes X No If you answered YES to the question above you must explain in the box below how your organization's program is specifically designed to focus on and meet the needs of culturally specific populations. N/A Victim Referral Process Describe how victims are referred to your agency: When an officer is dispatched to an incident, he or she will first gather information as to what type of crime has been committed. As information is gathered, the officer will then identify all parties involved, to include the offender(s), possible suspect(s), witnesses, and victims. Once it is determined there is a victim as described in chapter 56 of the Texas Code of Criminal Procedure, he or she will then be provided the appropriate information on his or her rights as a crime victim. Additionally, this is accomplished by reviewing daily crime reports to identify victims and access their needs. As Schertz is a tri- county city, depending on the location of the offense, the victim would be provided the appropriate Crime Victim Advocate's information. Since this position supports Schertz, Cibolo, and Live Oak, the process would be similar for each agency. Services to Victims of Crime Applicant agrees to provide services to victims of crime which include: responding to the emotional and physical needs of crime victims; assisting victims in stabilizing their lives after victimization; assisting victims to understand and participate in the criminal justice system; and providing victims with safety and security. Effective Services Applicant must demonstrate a record of providing effective services to crime victims. if the applicant cannot yet demonstrate a record of providing effective services, the applicant must demonstrate that at least 25 percent of its financial support comes from non - federal sources. Volunteers Applicant agrees to use volunteers to support either the project or agency -wide services, unless CJD determines that a compelling reason exists to waive this requirement. Community Efforts Applicant agrees to promote community efforts to aid crime victims. Applicants should promote, within the community, coordinated public and private efforts to aid crime victims. Coordination efforts qualify an organization to receive these funds, but are not activities that can be supported with these funds. Crime Victims' Compensation Applicant agrees to assist crime victims in applying for crime victims' compensation benefits. Records Applicant agrees to maintain daily time and attendance records specifying the time devoted to allowable victim services. Civil Rights Information Applicant agrees to maintain statutorily required civil rights statistics on victims served by race, national origin, sex, age, and disability of victims served, within the timeframe established by CJD. This requirement is waived when providing services, such as telephone counseling, where soliciting the information may be inappropriate or offensive to the crime victim. Victims of Federal Crime Applicant agrees to provide equal services to victims of federal crime. (Note: Victim of federal crime is a victim of an offense that violates a federal criminal statute or regulation; federal crimes also include crimes that occur in an area where the federal government has jurisdiction, such as Indian reservations, some national parks, some federal buildings, and military installations.) No Charge Applicant agrees to provide grant- funded services at no charge to victims of crime. Applicants are also prohibited from billing Crime Victims Compensation, private insurance, Medicaid, or Medicare for services provided using VOCA funds. Confidentiality Applicant agrees to maintain the confidentiality of client - counselor information and research data, as required by state and federal law. Discrimination Applicant agrees not to discriminate against victims because they disagree with the State's prosecution of the criminal case. Forensic Medical Examination Payments Health care facilities shall conduct a forensic medical examination of a victim of an alleged sexual assault if the victim arrived at the facility within 96 hours after the assault occurred and the victim consents to the examination. The victim is not required to participate in the investigation or prosecution of an offense as a condition of receiving a forensic medical examination, nor pay for the forensic examination or the evidence collection kit. The evidence collection portion of the exam is to be paid by law enforcement per state law. Crime Victim Compensation funds may be used to pay for the medical portion of the exam unless the victim of sexual assault is required to seek reimbursement for the examination from their insurance carrier. If a health care facility does not provide diagnosis or treatment services for sexual assault victims, the facility is required to refer the victim to a facility that provides those services. Protection Orders Victims applying for a protective order or their attorney may not bear the costs associated with the filing of an order of protections. Nondisclosure of Confidential or Private Information Personally identifying information or individual information collected in connection with services requested, utilized, or denied may not be disclosed; or, reveal individual client information without informed, written, reasonably time - limited consent of the person about whom information is sought. If release of information is compelled by statutory or court mandate, reasonable attempts to provide notice to victims affected by the disclosure of information will be made and steps necessary will be taken to protect the privacy and safety of the persons affected by the release of information. Civil Rights Liaison A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that the grantee meets all applicable civil rights requirements must be designated. The designee will act as the grantee's liaison in civil rights matters with CJD and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: Josh Smith, HR Director Enter the Address for the Civil Rights Liaison: 1400 Schertz Parkway #6 Schertz, Texas 78154 Enter the Phone Number for the Civil Rights Liaison [(999) 999 -9999 x9999]: 210 - 619 -1155 Certification Each applicant agency must certify to the specific criteria detailed above under Program Requirements to be eligible for General Victim Assistance - Direct Services Program Solicitation. X I certify to all of the above eligibility requirements. Supporting Data: rendered due to medical treatment or participation in, or attendance at, the investigation, prosecutorial and judicial processes * care of a child or a dependent e loss of support e funeral and burial expenses * crime scene clean-up replacement costs for clothing, bedding, or property seized as evidence or medical investigation a attorney fees for assistance in filing the Crime Victims' Compensation application and in obtaining benefits (TCCP, Art 56.43) , loss of wages and travel to seek domestic violence victims or for those sexual assault victims attacked in their own residence Cooperative Working Agreement (CWA): When a grantee intends to carry out a grant project through cooperating or participating with one or more outside organizations, the grantee must obtain authorized approval signatures on the cooperative working agreement (CWA) from each participating organization. Grantees must maintain on file a signed copy of all cooperative working agreements, and they must submit to CID a list of each participating organization and a description of the purpose of each CWA. Cooperative working agreements do not involve an exchange of funds. For this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for the CWA(s). You should only provide information here that this project's successful operation is contingent on for the named service or participation from the outside organization. Note: A Sample CWA is available here for your convenience. Enter your cooperating working agreement(s): N/A Continuation Projects: For continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the stated objectives, briefly describe the major obstacles preventing your organization from successfully reaching the project objectives as stated within your previous grant application. (Data may be calculated on a pro -rated basis depending on how long the current or previous year's project has been operating.) Enter your current grant's progress: N/A Project Activities Information Type of Crime Victim Select the type(s) of crime victim this project targets and provide the percentage of time dedicated to serving each category of crime victim. You may select more than one type; however, the sum of the percentages may not exceed 100 %. Sexual Assault Percentage ( %): 5 Domestic Abuse Percentage ( %): 32 Child Abuse Percentage ( %): 10 DUI / DWI Crashes Percentage ( %): 5 Survivors of Homicide Percentage ( %): 3 Assault Percentage ( %): 26 Adults Molested as Children Percentage ( %): 0 Elder Abuse Percentage ( %): 1 Robbery Percentage ( %): 4 Stalking Percentage ( %): 3 Dating /Acquaintance Violence Percentage ( % }: 10 Human Trafficking Percentage ( %): 1 Selected Protect Activities: ACTIVITY I PERCENTAGE: DESCRIPTION Coordination of recovery paperwork for the victim to include loss wages, funeral Crisis 100.00 expenses, counseling, loss of support, child care, crime scene clean up, rent and Services travel expenses. Geographic Area: Schertz is a city in Bexar, Comal, and Guadalupe counties in the U.S. state of Texas within the San Antonio -New Braunfels metropolitan area. The population was 31,465 at the 2010 census with estimated current population of 35,929. Schertz's proximity to two major cities, two major airports, and the interchange of two major interstate highways is a distinct geographical challenge. Live Oak has a population of 14, 751 with a land size of 4.7 square miles. Live Oak is in Bexar County. Cibolo has a population of 23,890 with a land size of 7.529 square miles. Cibolo is in Guadalupe County. Target Audience: The combined population of the three cities which is 74,570, the businesses of the three cities, and the visitors to the area will benefit from and be impacted by the improvements provided by this project. Gender: Male and Female Ages: All age ranges Special Characteristics: Since the late 1990s, Schertz has witnessed unprecedented growth. In five years, from 2000 -2005, the city's population jumped from 18,694 to 26,463. In 2006 alone, the population rose from 26,463 to 34,000. During that same period, the city platted 1,357 new lots and the growth shows no sign of slowdown. Measures fo ti Progress Reporting Requirements Outcomes Reported to Texas A &M University, Public Policy Research Institute (PPRI): In addition to the measures listed below, all programs will be required to report the number of victims /survivors who returned to the agency as a result of a new victimization either by the same perpetrator or a new perpetrator. Note: This does not include victims returning to your agency to continue their treatment. This measure will be used to measure the efficacy of the services provided in the restoration of the victim to full mental, physical, and emotional health. Objective Output Measures OUTPUT MEASURE CURRENT TARGET DATA LEVEL Number of victims seeking services who were not served. 329 25 Number of victims / survivors seeking services who were served. 0 324 Number of survivors assisted with crime victim compensation applications. 0 324 Number of survivors receiving crisis counseling. 0 100 Number of survivors receiving information and / or referral (in person / by 0 25 phone). Custom Objective Output Measures CUSTOM OUTPUT MEASURE CURRENT DATA TARGET LEVEL Objective Outcome Measures OUTCOME MEASURE CURRENT DATA TARGET LEVEL Custom Objective Outcome Measures CUSTOM OUTCOME MEASURE CURRENT DATA TARGET LEVEL Certification and Assurances Each applicant must click on this link to review the standard Certification and Assurances. Resolution from Governing Body Applications from nonprofit corporations, local units of governments, and other political subdivisions must include a resolution that contains the following: Authorization by your governing body for the submission of the application to CID that clearly identifies the name of the project for which funding is requested; A commitment to provide all applicable matching funds; A designation of the name and /or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update CID should the official change during the grant period.); and A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to CID. Upon approval from your agency's governing body, upload the approved resolution to eGrants by clicking on the Upload Files sub -tab located in the Summary tab. Contract Compliance Will CID grant funds be used to support any contracts for professional services? Select the Appropriate Response: X Yes No For applicant agencies that selected Yes above, describe how you will monitor the activities of the sub- contractors) for compliance with the contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines governing this project. Enter a description for monitoring contract compliance: The translation services is an service that is provided via speaker phone. Should a person come to the police department that has a language need, we will be able to utilize this service via the telephone (speaker phone) to communicate with the individual. This program will be required to provide all of the certifications for the various languages that will be used to ensure that they meet nationally and state recognized standards. Lobbying For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement? Select the Appropriate Response: _ Yes X No _ N/A For applicant agencies that selected either No or N/A above, have any non - federal funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with this federal contract, loan, or cooperative agreement? Select the Appropriate Response _ Yes X No — N/A Fiscal Year Provide the begin and end date for the applicant agency's fiscal year (e.g., 09 /01 /20xx to 08/31/20xx). Enter the Begin Date [mm /dd /yyyy]: 10/1/2014 Enter the End Date [mm /dd /yyyy]: 9/30/2015 Sources of Financial Support Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year for the following sources: Enter the amount ($) of Federal Grant Funds: 7719 Enter the amount ($) of State Grant Funds: 4463 Single Audit Select the appropriate response below based on the Fiscal Year Begin Date as entered above: For Fiscal Years Beginning Before December 26, 2014 Applicants who expend less than $500,000 in federal grant funding or less than $500,000 in state grant funding are exempt from the Single Audit Act and cannot charge audit costs to a CID grant. However, CID may require a limited scope audit as defined in OMB Circular A -133. Has the applicant agency expended federal grant funding of $500,000 or more, or state grant funding of $500,000 or more during the most recently completed fiscal year? OR For Fiscal Years Beginning On or After December 26, 2014 Applicants who expend less than $750,000 in federal grant funding or less than $750,000 in state grant funding are exempt from the Single Audit Act and cannot charge audit costs to a CID grant. However, CID may require a limited scope audit as defined in CFR Part 200, Subpart F - Audit Requirements. Has the applicant agency expended federal grant funding of $750,000 or more, or state grant funding of $750,000 or more during the most recently completed fiscal year? _ Yes X No Applicant agencies that selected Yes above, provide the date of your organization's last annual single audit, performed by an independent auditor in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133; or CFR Part 200, Subpart F - Audit Requirements. Enter the date of your last annual single audit: Equal Employment Opportunity Plan (EEOP) Type I Entity - Defined as an applicant that meets one or more of the following criteria: • the applicant has less than 50 employees; • the applicant is a non - profit organization; • the applicant is a medical institution; • the applicant is an Indian tribe; • the applicant is an educational institution, or • the applicant is receiving a single award of less than $25,000. Requirements for a Type I Entity • The applicant is exempt from the ESOP requirements required to prepare an ESOP because it is a Type I Entity as defined above, pursuant to 28 CFR 42.302; • the applicant must complete Section A of the Certification Form and send it to the Office for Civil Rights (OCR) to claim the exemption from developing an ESOP; and • the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Type II Entity - Defined as an applicant that meets the following criteria: • the applicant has 50 or more employees, and • the applicant is receiving a single award of $25,000 or more, but less than $500,000. Requirements for a Type II Entity - Federal law requires a Type II Entity to formulate an EEOP and keep it on file. • The applicant agency is required to formulate an EEOP in accordance with 28 CFR 42.301, et seq., subpart E; • the EEOP is required to be formulated and signed into effect within the past two years by the proper authority; • the EEOP is available for review by the public and employees or for review or audit by officials of CID, CID's designee, or the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws and regulations; • the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services; and • the EEOP is required to be on file in the office of (enter the name and address where the EEOP is filed below): Enter the name of the person responsible for the ESOP and the address of the office where the EEOP is filed: Type III Entity - Defined as an applicant that is NOT a Type I or Type II Entity. Requirements for a Type III Entity - Federal law requires a Type III Entity to formulate an EEOP and submit it for approval to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. • The EEOP is required to be formulated and signed into effect within the past two years by the proper authority; • the EEOP has been submitted to the Office of Civil Rights (OCR), Office of Justice Programs, U.S. Department of Justice and has been approved by the OCR, or it will be submitted to the OCR for approval upon award of the grant, as required by relevant laws and regulations; and • the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Based on the definitions and requirements above, the applicant agency certifies to the following entity type: Select the appropriate response: _ Type I Entity X Type II Entity _ Type III Entity Debarment Each applicant agency will certify that it and its principals (as defined in 2 CFR Part 180.995): • Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal Court, or voluntarily excluded from participation in this transaction by any federal department or agency; • Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in the above bullet; and have not within a three -year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. Select the appropriate response: X I Certify _ Unable to Certify If you selected Unable to Certify above, please provide an explanation as to why the applicant agency cannot certify the statements. Enter the debarment justification: FFATA Certification Certification of Recipient Highly Compensated Officers - The Federal Funding Accountability and Transparency Act (FFATA) requires Prime Recipients (CID) to report the names and total compensation of each of the five most highly compensated officers (a.k.a. positions) of each sub recipient organization for the most recently completed fiscal year preceding the year in which the grant is awarded if the subrecipient answers YES to the FIRST statement but NO to the SECOND statement listed below. In the sub recipient's preceding completed fiscal year, did the sub recipient receive: (1) 80 percent or more of its annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; AND (2) $25,000,000 or more in annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements? _ Yes X No Does the public have access to information about the compensation of the senior executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986? X Yes No If you answered YES to the FIRST statement and NO to the SECOND statement, please provide the name and total compensation amount of each of the five most highly compensated officers (a.k.a. positions) within your agency for the current calendar year. If you answered NO to the first statement you are NOT required to provide the name and compensation amounts. NOTE: "Total compensation" means the complete pay package of each of the sub recipient's compensated officers, including all forms of money, benefits, services, and in -kind payments (see SEC Regulations: 17 CCR 229.402). Position 1 - Name: Position 1 - Total Compensation ($): 0 Position 2 - Name: Position 2 - Total Compensation ($): 0 Position 3 - Name: Position 3 - Total Compensation ($): 0 Position 4 - Name: Position 4 - Total Compensation ($): 0 Position 5 - Name: Position 5 - Total Compensation ($): 0 Fiscal Capability Information Organizational Information Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Accounting System The grantee organization must incorporate an accounting system that will track direct and indirect costs for the organization (general ledger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis, or in increments of an hour. Is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts). Select the appropriate response: _ Yes No Does the accounting system include a project ledger to record expenditures for each Program by required budget cost categories? Select the appropriate response: _ Yes No Is there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the employee and his or her supervisor? Select the appropriate response: _ Yes No If you answered 'No' to any question above in the Accounting System section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Financial Capability Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and income statements are required. A balance sheet is a statement of financial position for a grant agency disclosing assets, liabilities, and retained earnings at a given point in time. An income statement is a summary of revenue and expenses for a grant agency during a fiscal year. Has the grant agency undergone an independent audit? Select the appropriate response: _ Yes No Does the organization prepare financial statements at least annually? Select the appropriate response: _ Yes No According to the organization's most recent Audit or Balance Sheet, are the current total assets greater than the liabilities? Select the appropriate response: _ Yes No If you selected 'No' to any question above under the Financial Capability section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Budgetary Controls Grant agencies should establish a system to track expenditures against budget and / or funded amounts. Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to include drawing down grant funds in excess of: a) Total funds authorized on the Statement of Grant Award? _ Yes No b) Total funds available for any budget category as stipulated on the Statement of Grant Award? _ Yes No If you selected 'No' to any question above under the Budgetary Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Internal Controls Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For example, one person should not have authorization to sign checks and make deposits. Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, invoices)? Select the appropriate response: _ Yes No Is there separation of responsibility in the receipt, payment, and recording of costs? Select the appropriate response: _ Yes No If you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Budget Details Information Budget Information by Budget Line Item: CATEGORY SUB CATEGORY DESCRIPTION CJD CASH MATCH IN- KIND GPI TOTAL UNIT /% MATCH Brochure and flyer printing services: This item will be used for the direct support of Contractual Digital victims. This item will and Processing- be used to generate Professional Related brochures, flyers and $1,200.00 $0.00 $300.00 $0.00 $1,500.00 0 Services Services packets that will be provided to the victims of crimes to ensure they receive the right benefits and resources. Remote clicker: This will provide direct support to victims DVD System liaison with Equipment and presentations that will $52.00 $0.00 $13.00 $0.00 $65.00 1 Accessories be given in the community, victims groups and various social services. DVD System Cases for the laptop, Equipment and projector and printer $200.00 $0.00 $50.00 $0.00 $250.00 1 Accessories Contractual Translation Services: and Interpreter- This item will provide Professional Related direct service to $400.00 $0.00 $100.00 $0.00 $500.00 0 Services Services victims of crime by ensuring that a live interpreteris available to verbally interpret at the location of our choice. Portable laptop: Panasonic Toughbook CF -53 This will provide direct support to victims liaison with presentations that will be given in the community, victims Laptop groups and various Equipment System and social services ' this $2,000.00 $2,000.00 $0.00 $500.00 $0.00 $2,500.00 1 Accessories laptop will ensure that the crime victims liaison position can be mobile and assist victims of crimes with the paperwork required to complete their request for resources. Portable projector screen: This will Overhead / provide direct support Multimedia to victims liaison with Equipment Projector and presentations that will $208.00 $0.00 $52.00 $0.00 $260.00 1 Accessories be given in the community, victims groups and various social services. Portable Printer : This item will provide direct support to the Photographic liaison position in that Equipment it will ensure that the and crime victims liaison Equipment Accessories position can be $240.00 $0.00 $60.00 $0.00 $300.00 1 (Valued mobile and assist $1,000 or victims of crimes with over) the paperwork required to complete their request for resources. Portable Scanner: This item will provide direct support to the Photographic liaison position in that Equipment it will ensure that the and crime victims liaison Equipment Accessories position can be $240.00 $0.00 $60.00 $0.00 $300.00 1 (Valued mobile and assist $1,000 or victims of crimes with over) the paperwork required to complete their request for resources. [Equipment Specialized Projector: This will $640.00 $0.00 $160.00 $0.00 $800.00 1 Audio - Visual provide direct support I: Detail Source of Match /GPI: DESCRIPTION System and to victims liaison with Budget Allocation In Kind Match $1,335.00 $0.00 $1,335.00 $0.00 $0.00 Accessories presentations that will Equipment $3,740.00 $0.00 $935.00 $0.00 $4,675.00 be given in the community, victims groups and various social services. Video Software: This will provide direct Specialized support to victims Audio - Visual liaison with Equipment System and presentations that will $160.00 $0.00 $40.00 $0.00 $200.00 1 Accessories be given in the community, victims groups and various social services. I: Detail Source of Match /GPI: DESCRIPTION MATCH TYPE AMOUNT Budget Allocation In Kind Match $1,335.00 Summary Source of Match /GPI: Total Report Cash Match In Kind GPI Federal Share GPI State Share $1,335.00 $0.00 $1,335.00 $0.00 $0.00 Budget Summary Information by Budget Category: CATEGORY CJD CASH MATCH IN -KIND MATCH GPI TOTAL Contractual and Professional Services $1,600.00 $0.00 $400.00 $0.00 $2,000.00 Equipment $3,740.00 $0.00 $935.00 $0.00 $4,675.00 Budget Grand Total Information: CJD I CASH MATCH I IN -KIND MATCH I GPI I TOTAL 1 $5,340.00 1 $0.00 1 $1,335.00 1 $0.00 1 $6,675.00 1 IvIng trMOIENW-0-0 Condition of Funding / Project Date Date Hold Hold Line Item Requirement Created Met Funds Funds You are logged in as User Name: Jcorreu