08-01-2017 Agenda with backupMEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
AUGUST 1, 2017
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Call to Order — Regular Session
Opening Prayer and Pledtes of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Thompson)
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez)
• Announcements and recognitions by City Manager (J. Kessel)
Proclamation
• Proclamation recognizing Stevens Johnson Syndrome (SJS).
(Mayor Carpenter /Kelly Gutierrez)
New Employee Recognition
Parks — Seasonal Park Worker I Aaron Taylor, Kathleen Nolan (B. James /C. VanZandt /L. Shrum)
Business Office — Utility Billing Clerk I, Christine Stevens (B. James /R. Rosales)
Municipal. Court — Deputy Court Clerk Heather Rocha (B. James /P. Veliz)
Police — Patrol Officer Miranda Martin (D. Wait /M. Casas)
Promotion Ceremony
• Promotion ceremony for newly appointed Fire Chief Kade Long. (J. Kessel /D. Wait)
08 -01- 2017- Council Agenda
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should
fill out the speaker's register prior to the meeting. Presentations should be limited to no more
than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing
the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to
an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during
the Hearing of Residents portion of the agenda, will call on those persons who have signed up to
speak in the order they have registered.
Workshop
• Update and discussion on the natatorium arrangement with Schertz Cibolo Universal. City
Independent School District (SCUCISD). (B. James)
• Discussion regarding the proposed FY201.7 -1.8 City of Schertz Fee changes. (B. James /J.
Walters)
• Discussion and/or action regarding City Council Rules of Conduct and Procedures (Item
requested by Mayor Carpenter)
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes — Approval of the minutes of the Regular Meeting of July 25, 2017.
Q. Kessel /B. Dennis)
2. Ordinance No. 17 -T -24 — Consideration and /or action approving an Ordinance by the
City Council authorizing a budget amendment to fund the SchertzQ Event. Final Reading
(S. Gonzalez /L. Klepper /M. Spence)
3. Excused Council Absences — Consideration and/or action excusing City Council Member
Angelina Kiser's absence for the following date: July 25, 2017. (B. Dennis /Mayor /Council)
Discussion Items
4. Scheduling a Special Meeting of the City Council — Consideration and /or action
scheduling a Special Meeting of the City Council for August 29, 2017. (B. James /J. Walters)
5. Resolution No. 17 -R -57 — Consideration and /or action approving a Resolution by the City
Council of the City of Schertz, Texas, calling an election to be held on November 7, 2017
for the purpose of electing councilmembers for place 3, place 4 and place 5 for a three
year term and making provision for the conduct of the election; authorizing contracts with
08 -01 -2017 City Council Agenda Page - 2 -
the elections administrators of Bexar and Guadalupe Counties to conduct this election;
authorizing the election to be held as a joint election; resolving other matters incident and
related to such election; and declaring an effective date. (B. Dennis /Mayor /Council)
6. Resolution No. 17 -R -54 — Consideration and /or action approving a Resolution
authorizing the City Manager to enter into a contract with Selrico Services to provide the
congregate meal for the Schertz Area Senior Center. (B. James /C. Van Zandt /L. Shrum)
Roll Call Vote Confirmation
Closed Session
7. City Council will meet in closed session under Section 551.074 of the Texas Government
Code, Personnel Matters to deliberate the appointment of a Municipal Judge.
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
8. Announcements by City Manager.
9. Placing Items on Future Agendas: A member of the City Council may place items on
future agendas provided the chair is able to determine unanimous consent. If objection is
made by one or more members of the City Council, the Mayor shall instruct the City
Secretary to place on the agenda for the next regular session an item to discuss the merits
of placing the item that was objected to on a future agenda for full consideration.
10. 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
Adiournment
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 28th DAY OF JULY 2017
AT 3:30 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL
TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CODE.
DOVWUP SrhVv 0626
Donna Schmoekel, Deputy City Secretar
08 -01 -2017 City Council Agenda Page - 3 -
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 2017.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. If `you require special assistance or have a request for sign interpretative services
or other services please call 210 -619 -1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by
the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal
counsel and the presence of any subject in any Executive Session portion of the agenda constitutes
a written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed 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
Councilmember Davis— Place I
Audit Committee
Schertz Housing Authority Board
Interview Committee for Boards and Commissions
Interview Committee for Boards and
Investment Advisory Committee
Commissions
Main Street Committee
Main Street Committee - Chair
TIRZ II Board
Councilmember Gutierrez — Place 2
Councilmember Larson — Place 3
Main Street Committee — Vice Chair
Mayor Pro -Tem Edwards — Place 4
Councilmember Thompson — Place 5
Audit Committee
Audit Committee
Hal Baldwin Scholarship Committee
Investment Advisory Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Main Street Committee
Councilmember Kiser — Place 6
Councilmember Crawford — Place 7
Schertz Animal Services Advisory Commission
Schertz- Seguin Local Government Corporation
Interview Committee for Boards and
Commissions
08 -01 -2017 City Council Agenda Page - 4 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: August 1, 2017
Department:
Subject:
City Secretary
Minutes
The City Council held a Regular Meeting on July 25, 2017. .
HHZTG • ' • On
RM
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular meeting of July 25, 2017.
ATTACHMENTS
Regular Meeting of July 25, 2017 minutes.
MINUTES
REGULAR MEETING
July 25, 2017
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July
25 2017, . 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 Mark Davis
Councilmember Scott Larson
Councilmember Bert Crawford
Staff Present:
Executive Director Brian James
Assistant to City Manager Sarah Gonzalez
Deputy City Secretary Donna Schmoekel
Absent: Councilmember Angelina Kiser
Mayor Carpenter called the meeting to order at 6:
Opening Prayer and Pled ems t�f Allegiance to
Texas. (Mayor Pro -Te, Edwards).
Mayor Pro -Tern Edwards
the flags of the United Sta
of
Mayor Carpe
the following
e United States and State of
followed by the pledges of allegiance to
City Events (B. James /D. Wait /S. Gonzalez)
Assistant to the City Manager Sarah. Gonzalez who provided
Thursday, July 27
Judy's Loft Salon — Ribbon Cutting 4:30 PM
2600 FM 1518, Schertz, TX
Friday, July 28
Budget Retreat 8:30 AM — 4:00 PM
Fairfield Inn & Suites, 5808 Corridor Loop road, Schertz, TX
7 -25 -2017 Minutes Page - 1 -
Filing for Schertz City Council Election Started Monday, July 24
The City of Schertz will be holding its General Election on November 7, 2017 for the
purpose of electing Council Members in Place 3, Place 4 and Place 5 for a three -year term,
from November 2017 to November 2020.
Any candidate desiring to have his or her name on the Official Ballot shall, no sooner than
July 24, 2017, and no later than August 21, 2017, file with the City Secretary an
application in writing in the form prescribed by the Texas Election Code requesting that
his or her name be placed on the Official Ballot and declaring themselves as a candidate.
The Candidate packet is available in the City Secretary's office at 1400 Schertz Parkway,
Building 2, or it can be found online at www.schertz.com. Should you have any questions,
please contact the City Secretary's office at (210) 619 -1030.
SAVE THE DATE
Thursday, August 10
First of Three Community Proposed - Budget Meetings 6:30 PM
Schertz United Methodist Church - 3460 Roy :Richat'd Drive
Wednesday, August 16
Corbett Middle School –12000 :Ray
:30 PM
1 Morning
er 5 "' Annual Fundraising Event. BBQ Dinner served from 6:00
Games played from 7:00 PM – 10:00 PM. Raffle and Prizes
kets cost $40 pre -sale at the Senior Center or The Chamber
at the door. Call Senior Center at X 1970 for more information.
foyer.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who said he had put a ($$)
challenge out on Facebook to challenge all our (Schertz) councilmembers (who all have
since met that challenge), but since this is a Schertz `Area' Senior Center he wants to put a
challenge out to `all' of our other surrounding city councilmembers to at least donate $250
to this cause, a worthy cause. All of our citizens in Cibolo, Selma— everybody is enjoying
the place, so let's make this a big event for them.
Announcements and recognitions by City Manager (J. Kessel)
7 -25 -201.7 Minutes Page - 2 -
No announcements were made.
Employee Recognition
• Recognition of employee service pin for 25 years: Sandy Bryant. (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who asked Mrs. Bryant to come
forward. He stated her husband (John), children and other family members were also
present tonight to acknowledge and celebrate her 25 years of service to the city. He
provided a brief bio of her city career which started at the Library. She is currently the
Senior Administrative Assistant in the Parks Department.
Ms. Bryant thanked her family members for their supl
years as volunteers at city events. She also thanked ,,,,h
Department, members of the Schertz Area Senior Ceri
Customer Service Department who always knows the
staff members as well as outside callers. She,said Set
work, live and play.
Mayor Carpenter added that his oldest child began
period (2000- 2001) Ms. Bryant worked there. He
and all her other years of service to the city,
Presentation
• Presentation.
(D. Wait /D.
the
service through the
lovees in the Parks
and Sherry Davis at the 311
ht number to call to assist other
7- is indeed the gr4test place to
into reading during the time
for her time at the library
and Fire Service.
Mayor CaVent r recognized Fire Chief David Covington who stated his career in fighting
fires has spanned Ever 40 years. He reminisced about the early days and how they battled
blazes at that time. He was alsoa paramedic for a number of years and was able to be a
witness to that side of rescue efforts.
He spoke of how research, education, training, and equipment have evolved through the
years. He provided examples of how response times have changed (for the better) but how
new construction metbods and smaller living space lot sizes have affected how fires have
gotten more complicated and dangerous. While the number of fires have actually now
decreased since the 1970's, there is a different set of hazards that we have to deal with.
It is important today to have the best possible equipment, education and training level of
staff to be able to fight these modern -day fires. All rescue personnel are at risk every day
in their work efforts. He provided some statistics of fatalities at various accident sites.
Mr. Covington reminisced about working with former mayors (San Antonio and Schertz
areas) and former Schertz leaders such as Don Taylor and John Bierschwale and current
executive management leaders John Kessel and Dudley Wait. He complimented the
7 -25 -2017 Minutes Page - 3 -
guidance and direction provided by current City Manager John Kessel and said he is
confident in our current leadership. He said he leaves the city in good hands with the
new Fire Chief Kade Long who will take the department to an even higher level.
On behalf of Council, Mayor Carpenter expressed his sincere thanks to Chief Covington
for his service, devotion, and leadership to the City and its citizens.
• Presentation and update regarding the City of Schertz Website. (M. Clauser /L. Klepper)
Mayor Carpenter recognized IT Director Myles Clauser and Public Affairs Director Linda
Klepper who provided the latest information on updates in progress being made to the
city's website. Highlights of their PowerPoint presentation were as follows:
Features that are being incorporated into the new web page will b;ttractive and intuitive,
easy to navigate, easily searchable, and easy to Update-and maintain bycity staff.
The current website was developed `organically' with a hierarchical structure The new
website is inspired by the `Complete City Model' from the "City's Strategic Plan. This
includes core services, quality of life, and the economic engine with a functional structure.
lauser and
of Residents
questions and comments from Council.
• Mr. Robert `Mike' Gupp, 3442 Northern Heights, Cibolo, TX, who spoke in length
regarding an accident ,he- had on April 20, 2016, . when he stepped on/in a water meter. He
described his lengthy "Medical treatments and hospitalizations associated with the accident.
The bottom line is he wants to know who the contractor was who swapped out the older
sturdier lids and replaced them with newer plastic ones of a different design and durability. He
has claim forms to fill out in regard to his accident that ask what amount of compensation he
thinks this accident should be associated with. He doesn't know what to put down —how can
you put a price on this and what he has had to endure? Mayor Carpenter referred him to speak
with Executive Director Dudley Wait for some assistance and information.
7 -25 -2017 Minutes Page - 4 -
Workshop
• Update and discussion on July 4 I Jubilee and SchertzQ Event
(S. Gonzalez /L. Klepper /Mary Spence)
Mayor Carpenter recognized Events Manager Mary Spence and Director of Public Affairs
Linda Klepper who provided Council with information regarding the fiscal outcome of the
recently completed annual July 4th Jubilee, public entertainment provided and process changes
they made this year in relation to prior years.
They also spoke of the upcoming SchertzQ Event (formerly Sc.
on September 16. They provided information on the events and
provided as well as some estimated revenues ($35,000) arld exl
stated they were working on some more sponsorships to help o
Mayor Carpenter thanked them for the success
Klepper, Ms. Spence and Ms. Gonzalez addre
• Review, discussion and possible action regarding
(Item requested by Mayor Carpenter)
As there were no comments /questions from'(
couldn't see anything at this very moment tha
could use more clarification., Councilmember
is still in session and there ate some things th,
way home rule cities operate, would we hav
charter in view of anv new leaislalion that will
4th of July J
which will be held
vent that will be
),000). They also
of the expenses.
to the City Charter.
Ms.
moil, Mayor Carpenter said that although he
iedd change, Vthere may be some items that
iompsori stated that since the stage legislature
if passed, may take away from or change the
a need to have the city attorney review the
nssed?
Consent Agenda I
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
I Minutes — Approval of the minutes of the Regular Meeting of July 11, 2017. .
(J. Kessel /D. Sehmoekel)
2. Excused Council Absences — Consideration and /or action excusing City Council Member
Cedric Edwards absence for the following date: July 11, 2017. . (B. Dennis /Mayor /Council)
7 -25 -2017 Minutes page - 5 -
3. Ordinance No. 17 -S -23 — Consideration and /or action approving an ordinance request to
rezone approximately 12 acres of land from Apartment /Multi- Family Residential District
(R -4) to Planned Development District (PDD) located at 3301 FM 3009, Schertz, TX.
Final Reading (B. James /L. Wood /E. Grobe)
The following was read into record:
ORDINANCE NO. 17 -S -23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING
APPROXIMATELY 12 ACRES OF LAND FROM APARTMENT / MULTI-
FAMILY RESIDENTIAL(R -4) TO PLANNED DEVELOPMENT DISTRICT (PDD)
4. Ordinance No. 17 -T -26 — Consideration and or action, approving an Ordinance authorizing
Discussion Items
5. Ordinance No. 17 -T -24 — Consideration and /or action approving an Ordinance by the
City Council of the City of Schertz, TX authorizing a budget amendment to fund
the SchertzQ Event. First Reading (S. Gonzalez /L. Klepper /M. Spence)
The following was read into record:
7 -25 -2017 Minutes Page - 6 -
ORDINANCE NO. 17 -T -24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE
SCHERTZQ EVENT; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Public Affairs Director Linda Klepper who stated in
conjunction with their earlier presentation, they are simply seeking funding for the
SchertzQ Event.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Thompson to approve Ordinance No.' 17 -T -24 fire reading. The vote was
unanimous with Mayor Pro -Tem Edwards, ' Councilmembrs . Davis, Gutierrez,
Larson, Thompson, and Crawford voting for and no one voting no,' Councilmember
Kiser was absent. Motion passed.
Roll call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary
roll call votes for agenda items 1 -5.
who provided the
in closed session under Section 551.074 of the Texas Government
•s to deliberate the appointment of a Municipal Judge.
a brief break and then convened into Closed
ter reconvened into Regular Session at 7:59 p.m.
discussions held in closed session under Agenda Item 6.
on this item.
Roll Call Vote Confirmation
Requests and Announcements
7. Announcements by City Manager.
No announcements were provided.
7 -25 -201.7 Minutes Page - 7 -
Council members to request that items be placed on a future agenda. No discussion of the
merits of the item may be taken at this time. Should a Council Member oppose placement
of the requested item on a future agenda, the Mayor shall instruct the City Secretary to
place on the agenda for the next regular session an item to discuss the merits of placing the
item that was objected to on a future agenda for full consideration.
No requests were made.
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended""
• City Council Committee and Liaison Assignments (seeiissignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers,
Donna Schmoekel, Deputy City Secretary
7-25-2017 Minutes Page - 8 -
adjourned the meeting at 8:01 p.m.
Michael R. Carpenter, Mayor
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: August 1, 2017
Department: Public Affairs
Subject: Ordinance No. 17 -T -24 — An
Ordinance by the City Council of the
City of Schertz, Texas authorizing a
budget amendment to fund the
SchertzQ Event (S. Gonzalez /L.
Klepper /M. Spence) (Final Reading)
In 2008 the City of Schertz held a 50th anniversary celebration in the park known as
SchertzFest. In 2009, the event continued, but a sanctioned BBQ Cook -Off was added as part
of the event elements. Starting with 16 teams that participated, the cook -off has successfully
grown into one of the largest and most desired cook -off s to be a part of in the state.
Growing every year, in 2016 the number of participating teams was 92.
Previously, this event has been organized and run by the Schertz Parks and Recreation
Foundation, with assistance from city staff. At the December 6, 2016 Council meeting, the
Foundation announced they had voted unanimously to dissolve the foundation. With this
announcement, the city has taken on the fiscal responsibility to ensure that this event
continues, but to evaluate the event, keep in mind the why we have it, and focus on what
elements are important to maintain, while not overcommitting resources and with the
ultimate goal of providing this local community event that Schertz residents can enjoy.
As part of the evaluation process, staff has looked closely at this event and decided to rework
and rebrand the SchertzFest event to more appropriately highlight the BBQ Cook -Off.
Focusing largely on this element, SchertzQ (formerly SchertzFest) will take place on
Saturday, September 16. Over ninety competitive BBQ teams from all over the state will
compete for the Grand Champion title and bragging rights as the best BBQ in Schertz. The
event will feature food trucks that serve BBQ related food, live music (blues /rock'n roll), and
a marketplace area for local vendors to showcase and sell various products and services.
City Council approved this on first reading at the meeting of July 25, 2017.
FISCAL IMPACT
At the February 7, 2017 Council meeting, Staff presented a workshop item discussing the
SchertzQ event. One of the goals that was presented for this transitional year was to
breakeven on budget; balancing revenues and expenses. It should be noted that the goal for
breaking even on budget does not include staff time. The reason for this is that it would
change the nature of the event from a fun, low -cost event for our Schertz families to one
where there would be an admission cost, cost for local businesses /vendors to participate
would be higher and entertainment and activities would be reduced. Staff continues to look
for ways to provide a fun event in a cost - effective manner.
The budget expenses for SchertzQ will be approximately $30,000. This will cover costs of
BBQ awards and supplies, services such as portable restroom facilities, entertainment,
advertising and outsourced staff to ensure grounds are clean during event.
Revenues from vendor fees, sponsorships, and BBQ fees will offset expenses for the event
totaling approximately $35,000.
As with any event held outdoors, weather conditions always play a risk factor. While there
would be reduction in revenues if this were to occur, Staff has a plan in place should there be
inclement weather as SchertzQ is a rain or shine event.
RECOMMENDATION
Staff recommends Council approval of Ordinance 1.7 -T -24 on the final reading.
ATTACHMENTS
Ordinance No. 17 -T -24
2017 SchertzQ Financial Report
ORDINANCE NO. 17 -T -24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO
FUND THE SCHERTZQ EVENT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 16 -T -29, the City of Schertz (the "City ") adopted the
budget for the City for the fiscal year 201.6 -2017 (the `Budget), which provides funding for the
City's operations throughout the 2016 -2017 fiscal year; and
WHEREAS, the City needs to increase the Budget to authorize expenditures of $30,000
for the funding of the SchertzQ Event in the General Fund; and
WHEREAS, the City needs to recognize additional revenue from sponsorships,
donations, and fees for this event in the amount of $35,000; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve the additional revenue and expense for the event; 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 budget adjustment for the General Fund for the
SchertzQ Event, 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 $30,000 for the SchertzQ Event.
Section 2. The City shall recognize the additional $35,000 in revenue from sponsorships,
donations and fees for this event.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 25th day of July 2017. .
PASSED, APPROVED and ADOPTED ON SECOND READING, the 1st day of
August, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Donna Schmoekel, Deputy City Secretary
(CITY SEAL)
50558021.1 - 2 -
ie 106 -617- 532800
2017 - Estimated
!StagewingS
J
wing re -do $700.00
Herald
front strip 9/5 $ 585.00
Billboard
skin design $ -
BBQTrophies $
$ 4
4,500.00
BBQ Cash Awards $
$ 1
10_,000.00
Jackpot Beans 50/50 split $
$ 6
600.00
Kids QAwards $
$ 1
100.00
Judging Supplies $
$ 1
1,200.00
Ice bins, bagged ice a
approx. $ 1
1,000.00
Table, chair rental �
�$�1,0225.000
,00.0
Head Cook, IBCA Fees, Mileage
Totals
700.00
Revenues
Anticipated- Cook's Choice I 25
EWrnated
Total:
Hooked on BBQ
1
Team @
$200.00
$200.00
at a BBQ
1
Team @
$200.00
$200.00
own BBQ
1
Team @
$200.00
$200.00
s at a BBQ
1
Team @
$200.00
$200.00
eat Again
N
1
Team @
$200.00
$200.00
d Cooker
1
Team @
$200.00
$200.00
tra Space
1
Team @
$100.00
$100.00
Rack BBQ
1
Team @
$200.00
$200.00
Anticipated
80
Team @ $
200.00
$16,000.00
Total: $750.00
Total:
$17,500.00
Anticipated -Food Truck
5
Food Vendor @
$200.00
$1,000.00
mmm x
Anticipated- Beverage Vendor
1
Beverage Vendor @
$200.00
$200.00
nticipated -Beer Booth Rental
1�
Beer Vendor @ L
$500.00
$500.00
Anticipated - Business Vendor
10
Business Vendor @
$200.00
$2,000.00
ticipated- Craft /Retail Vendor
10
Craft /RetailVendors @
$100.00
$1,000.00
----------------------------------------------------------
.._ .................................
. _ --------- ....._.. -------------------------------------
Total:
.._....................___..____...................
$4,700.00
............._._...............
A
@
$3.00
$300.00
Total:
$300.00
Total: $750.00
Profit - Loss Summary
"Total "
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: August 1, 2017
Department: Mayor /Council
Subject: Excused Council Absences —
Consideration and/or action excusing
City Council Member absences
Per the revised Charter approved by voters on November 3, 2015, . regarding Council absences,
Section 4.06 (3) Vacancies, Forfeiture, Filling of Vacancies, "Failure to regularly attend City
Council meetings without an approved absence obtained by a majority vote by City Council
either before or after the absence. There shall be a presumption of failure to regularly attend
when three (3) regular meetings are missed during a term year without obtaining an approved
absence from City Council." An affirmative vote of a majority of Council approving the
Council's absences is required for the following:
07 -25 -201.7 Regular Council Meeting
FISCAL IMPACT
None
RECOMMENDATION
Councilmember Angelina Kiser
Staff recommends Council approve the absence as listed above.
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: August 1, 2017
Department: Finance
Subject: Scheduling a Special Meeting of
the City Council
To ensure compliance with the state statues for adopting the tax rate, the City Staff
recommends holding a special council meeting on August 29th, the fifth Tuesday, which is
not a scheduled council meeting day. Section 26.06a of the Tax Code states the first public
hearing must not be held before the seventh day after public notice is given and Section
26.06e states the vote to adopt the tax rate must be no more than 14 days after the date of the
second public hearing.
The First Public Hearing would be held on August 22"d per Section 26.06 with a preliminary
tax rate and notice set after the August 8th meeting.
The Second Public Hearing must allow for not more than 14 days after its held for the vote
on the tax rate. Final Adoption would be forced to occur on September 12th or run the risk of
not having an adopted Tax Rate by September 30th or calling additional meetings on other
days during the week.
Staff recommends holding an additional council meeting to ensure there is enough time for
proper discussion and debate on the tax rate without the risk of running into time constraints
for approval.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends Council call a special council meeting to meet the state requirements on
public hearings and budget adoption.
ATTACHMENTS
None.
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: August 1, 2017
Department: City Secretary
Subject: Resolution No. 17 -R -57 — Calling the
November 7, 2017 City of Schertz Joint
General Election with Guadalupe and Bexar
County and approving the Guadalupe
County Election Contract, and Bexar County
Election MOU
BACKGROUND
The attached Resolution calls the November 7th Joint General Election to elect Councilmembers
in Paces 3, 4 and 5 for a three -year term to begin November 2017 and ending 2020.
The City Secretary's office again has taken the lead to work with the different entities about the
future of elections in our jurisdictions, many of which are in more than one County. Discussions
have revolved around these entities to sign agreements each with Bexar, and Guadalupe counties
for their respective elections. By holding elections this way, many benefits are realized:
• Entities will divide the costs proportionately thereby creating a savings to each entity
• Utilize common Early Voting and Election Day poll locations
• Utilize common voting equipment
• Utilize common voting clerks
• Reduce Voter confusion and difficulty by only having to go to one location for all
elections
• Open more Early Voting locations within the different counties
On election night, the City Secretary will take the unofficial results from the counties and tally
the results for posting at City Hall and on the City website.
Action on this item will authorize staff to finalize agreements with Bexar, and Guadalupe
counties and their respective Election Administrators to conduct the City election, as well as
finalize a Joint Elections Contract with other entities.
The City Secretary has posted notice of filing for application for place on the General Election
ballot information on the city's website, bulletin board and in the Schertz magazine. The first
day to file for place on the General Election was Monday, July 24, 2017 and the last day to file
for place on the November 7, 2017 General Election ballot is Monday, August 21, 2017 by 5:00
p.m. Candidate packets are available on line as well as can be picked up in the City Secretary's
office. Once Bexar County and Guadalupe County meet with Commissioners court they will
City Council Memorandum
Page 2
issue their final early voting and election day locations. Our office should have this information
no later than August 15tH
FISCAL IMPACT
Estimated Costs are:
$27,692.50 for Guadalupe and Comal Counties (if we were the only entity... it is likely that this
will go down due to other entities sharing the cost). This amount does cover the Guadalupe
County Election Administrator to run the Comal County portion of our voters.
$4,000.00 for Bexar County (if we were the only entity ... it is also likely that this will go down
due to other entities sharing the cost). Estimated cost for publication of election notice both in
English and Spanish two times is $5,000. Total estimated cost $34,000.00.
1•
It is recommended Council approve Resolution. No. 17 -R -57 calling the November 7, 2017 City
of Schertz Joint General Election and approving contracts with the Elections Administrators of
Guadalupe and Bexar County Election Administrators to conduct the election, and approving
joint election agreements.
ATTACHMENT
Resolution No. 17 -R -57
Contract for Elections Services Agreement — Guadalupe County (to include Comal County)
Memorandum of Understanding and Elections Services Agreement — Bexar County
Draft Guadalupe County Early Voting and Election Day Precincts and Draft Bexar County Early
Voting and Election Day Precincts (Final will be available after Guadalupe and Bexar County
have received approval from Commissioners Court — Mid August, 2017).
NOTICE OF ELECTION
THE STATE OF TEXAS
COUNTIES OF GUADALUPE, COMAL
AND BEXAR
CITY OF SCHERTZ
TO THE RESIDENT, QUALIFIED VOTERS OF THE
CITY OF SCHERTZ, TEXAS
TAKE NOTICE that an election will be held in the City of Schertz, Texas on November
7, 2017, in obedience to a Resolution duly entered by the City Council of the City on
August 1, 2017, which Resolution reads substantially as follows:
RESOLUTION NO. 17 -R -57
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 7, 2017 FOR
THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4
AND PLACE 5 FOR A THREE YEAR TERM AND MAKING PROVISION FOR
THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH
THE ELECTIONS ADMINISTRATORS OF BEXAR AND GUADALUPE
COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE
ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 9.01(a) of the Home Rule Charter (the
"Charter ") of the City of Schertz, Texas (the "City "), the regular City election shall be
held annually on the uniform election date in November, or at such other times as may be
authorized or specified by State :Law, at which time officers will be elected to fill those
offices which become vacant that year.; and
WHEREAS, the terms of the offices of Councilmembers for Places 3, 4 and 5 end
in November 2017 and those offices will become vacant at that time. Therefore, the City
is required to conduct an election in November 2017 . to fill these vacancies; and
WHEREAS, the City will hold its election jointly in the counties of Bexar and
Guadalupe with the Schertz - Cibolo- Universal City Independent School District (the
"District "), the City of Cibolo, Cibolo Creek Municipal Authority and other entities
pursuant to a joint election agreement between said entities as authorized by Section
271.002 of the Texas Election Code, as amended (the "Code "). WHEREAS, the City
Council of the City (the "Council ") hereby finds and determines that holding a Joint
General Election on November 7, 2017, which is the uniform election date in November
prescribed under the Texas Election Code, for the purpose of electing Councilmembers
for Place 3, Place 4, and Place 5 is in accordance with the provisions of the City's Charter
and is in the best interest of the citizens of the City; and
WHEREAS, the Council hereby finds and determines that a Joint General
Election should be held in the City on November 7, 2017, for the purpose of electing the
Councilmembers for Place 3, Place 4, and Place 5 for a three -year term; and
WHEREAS, the City will contract with the Bexar County Elections
Administrator, and the Guadalupe County Elections Administrator (collectively, the
"Elections Administrators ") to conduct this election; and
WHEREAS, the City Secretary shall publish and post notice of this election as
required by applicable law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. An election shall be held on November 7, 2017 in and throughout
the City, for the purpose of electing the Councilmembers for Place 3, Place 4, and Place
5, which places are currently held by (i) Councilmember Scott Larson — Place 3, (ii)
Councilmember Cedric Edwards — Place 4, and (iii) Councilmember Robin Thompson,
Place 5, for a three -year term to expire November 2020.
Section 2. The City will hold a Joint General election with the Schertz-
Cibolo- Universal City Independent School District (the "District "), the City of Cibolo,
Cibolo Creek Municipal. Authority and other entities, as provided pursuant to the
provisions of a joint election agreement between Bexar County and Guadalupe County
and the City of Schertz, adopted in accordance with the provisions of Section 271.002 of
the Texas Election Code, as amended (the "Code ").
Section 3. At said election, the candidate receiving the most votes for
Councilmember for Place 3, Place 4, and Place 5 respectively, shall be declared elected
for a term to expire in November 2020. Any candidate desiring to have his or her name
on the Official Ballot for said General election shall, no sooner than July 24, 2017, and
no later than August 21, 2017, file with the City Secretary an application in writing in the
form prescribed by the Texas Election Code requesting that his or her name be placed on
the Official Ballot and declaring as a candidate for Councilmember for Place 3, Place 4,
and Place 5.
Any person failing to file said written application for candidacy by the time aforesaid
shall not be entitled to have his or her name printed on the Official Ballot. The name of
all eligible candidates whose applications have been duly and timely filed shall be placed
on the ballot pursuant to a drawing as provided by law.
Section 4. Pursuant to Section 61.012, Texas Election Code, as amended, the
City shall provide at least one accessible voting system in each polling place used in the
election. Such voting system shall comply with Texas and federal laws establishing the
requirement for voting systems that permit voters with physical disabilities to cast a
secret ballot. Touch screen machines may be used for early voting and Election Day
voting by personal appearance. Certain early voting may be conducted by mail. The
Elections Administrators shall also utilize a Central Counting Station (the "Station ") as
provided by Section 127.001, et seq., Texas Election Code, as amended. Bexar County
Election Administrator Jacque Callanen, and Guadalupe County Election Administrator
Lisa Adam will serve as the Managers and Presiding Judges of the Stations, will appoint
the Election Judges and Station Clerks for each Station location and will establish a
written plan for the orderly operation of the Station locations in accordance with the
provisions of the Texas Election Code. The Elections Administrators will appoint the
Tabulation Supervisors which will also serve as the Programmers for the Stations.
Lastly, the Elections Administrators will publish notice and conduct testing on the
automatic tabulation equipment relating to the Stations and conduct instruction for the
officials and clerks for the Stations in accordance with the provisions of the Texas
Election Code.
Section 5. The City election precincts established for this election shall be the
precincts named on Exhibit A attached hereto. A list of the City election precincts and
the polling places designated for each such election precinct are identified on Exhibit A
to this Resolution, and this exhibit is incorporated by reference for all purposes. At least
63 days prior to the scheduled election date, the Council, in coordination with the
Elections Administrators, will identify and formally approve the appointment of the
Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election
officials for this election.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters
of the County to act as clerks to properly conduct the election. However, if the Presiding
Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the
clerks. The appointment of such clerks may include a person fluent in the Spanish .
language to serve as a clerk to render oral aid in the Spanish language to any voter
desiring such aid at the polls on the day of the election. In the absence of the Presiding
Judge named above, the Alternate Presiding Judge shall perform the duties of the
Presiding Judge.
The election shall be held at the precinct locations listed on Exhibit A on
Tuesday, November 7, 2017, as prescribed by applicable law, and, on the day of the
election, the polls shall be open from 7:00 a.m. to 7:00 p.m.
The Bexar County Elections Office, 1.1.03 S. Frio, Suite 100 San. Antonio, Texas
78207, and the Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas
78154, are hereby designated as the main early voting places at which early voting shall
be conducted for those living respectively in Bexar, Comal, and Guadalupe Counties.
Jacquelyn Callanen, the Elections Administrator of Bexar County (whose mailing address
is 1103 S. Frio, Suite 100 San Antonio, Texas 78207), and Lisa Adam, the Elections
Administrator of Guadalupe County (whose mailing address is 215 S. Milam Street
Seguin, Texas 78155 or PO Box 1346, Seguin Texas 78156 -1346) are hereby appointed
as the Early Voting Clerks to conduct such early voting in the election in accordance with
the provisions of the Texas Election Code. Each Early Voting Clerk shall appoint not
less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the
Texas Election Code.
Early voting shall be conducted from Monday, October 23, 2017 through Friday,
November 3, 2017, with the exception of certain Saturdays, Sundays, and official State
holidays. The locations and hours for the early voting are attached to this Resolution on
Exhibit B.
Applications for ballots by mail must be received by the Early Voting Clerks of
the appropriate Counties not later than the close of business on Friday, October 27, 2017.
An Early Voting Ballot Board for each County is hereby established for the
purpose of processing early voting results. Jacquelyn Callanen, Elections Administrator
of Bexar County, and Lisa Adam, Elections Administrator of Guadalupe County will
appoint the Presiding Judges of the applicable Early Voting Ballot Board. Each Presiding
Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters
of the applicable County to serve as members of the applicable Early Voting Ballot
Board.
Section 6. The anticipated fiscal impact of conducting the election is
currently estimated to be $38,000.00.
Section 7. All resident qualified voters of the City shall be permitted to vote
at any of the early voting locations in Bexar or Guadalupe County regardless of their
county of residence. On Election Day, such voters shall vote at any polling place located
in their designated election precinct within Guadalupe, Bexar or Comal County. The
election shall be held and conducted in accordance with the provisions of the Texas
Election Code, as amended, and as may be required by any other law. All election
materials and proceedings shall be printed in both English and Spanish.
Section 8. A substantial copy of this Resolution shall serve as a proper notice
of the election. This notice, including a Spanish translation thereof, shall be posted at the
City Hall not less than twenty -one (21) days prior to the date the election is to be held,
and be published in a newspaper of general circulation in the City, (a) not more than
thirty (30) days, and not less than ten (10) days prior to the day of the election.
Section 9. The Council authorizes the City Manager, or his /her designee, to
negotiate and enter into one or more joint election agreements with other governmental
organizations in accordance with the provisions of the Texas Election Code in such form
as shall be approved by the City Manager, or his/her designee.
Section 10. The Council authorizes the City Manager, or his /her designee, to
negotiate and enter into contracts with the Elections Administrators to conduct the
election in accordance with the provisions of the Texas Election Code in such form as
shall be approved by the City Manager, or his/her designee.
Section 11. 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 Council.
Section 12. All ordinances and 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 ordered herein.
Section 13. This Resolution shall be construed and enforced in accordance
with the laws of the State of Texas and the United States of America.
Section 14. 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 this Council hereby declares that this Resolution would have been enacted
without such invalid provision. The Council hereby authorizes the Mayor and the City
Secretary of the City to make such technical modifications to this Resolution that are
necessary for compliance with applicable Texas or federal law or to carry out the intent
of this Council, as evidenced herein.
Section 15. 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 16. This Resolution shall be in force and effect from and after its final
passage and any publication required by law.
PASSED, APPROVED, AND ADOPTED on this , day of August, 2017.
Michael R. Carpenter Mayor
ATTEST:
Brenda Dennis TRMC, MMC, City Secretary
(SEAL OF CITY)
JOINT CONSTITUTIONAL AMENDMENT, GENERAL, SPECIAL AND BOND
ELECTIONS
NOVEMBER 7, 2017
THE HOURS OF EARLY VOTING WILL BE:
Mon., Oct. 23 thru Fri., Oct. 27 ..... ............................... ...........................8:00 a.m. to 6:00 p.m.
Sat., Oct. 28, 2017 ........................ ............................... ..........................10:00 a.m. to 6:00 p.m.
Sun., Oct. 29, 2017 ....................... ............................... ..........................12:00 noon — 6:00 p.m.
Mon., Oct. 30 thru Wed., Nov. 1 .... ............................... ...........................8:00 a.m. to 6:00 p.m.
Thurs., Nov. 2 thru Fri., Nov. 3 ..... ............................... ...........................8:00 a.m. to 8:00 p.m.
October 23, 2017 - November 3, 2017
SUN
MON
TUES
WED
THURS
FRI
SAT
22
23
24
25
26
27
28
GREAT NORTHWEST LIBRARY ... ............................... ...........................9050 Wellwood
* * * * **
* * * * **
* * * * **
* * * * **
* * * * **
* * * * * **
29
30
31
1
2
3
4
* * * * * **
* * * * **
* * * * * **
* * * * * **
* * * * * **
* * * * * **
5
6
7
ELECTION
DAY
Legend: * * * * * * ** Indicates dates open for early voting
Main Early Voting Location:
BEXAR COUNTY ELECTIONS DEPARTMENT ............................. ...........................1103 S. Frio
DEAFLINK available for the hearing impaired
In addition to the main early polling place, early voting will be conducted at the following
locations:
* * ** *BEXAR COUNTY JUSTICE CENTER ... ............................... ............................300 Dolorosa
BROOKHOLLOW LIBRARY ..... ............................... ............................530
Heimer Road
CASTLE HILLS CITY HALL... (SE CORNER OF COUNCIL CHAMBERS) .......... 209 Lemonwood Dr.
CLAUDE BLACK CENTER ............ ............................... ...........................2805 East Commerce
CODY LIBRARY ............................. ............................... ..........................11441
Vance Jackson
CONVERSE CITY HALL ...................................... ...............................
405 S. Seguin Rd
COPERNICUS COMMUNITY CENTER ...................... ...............................
5003 Lord Rd.
ENCINO BRANCH LIBRARY ............................ ...............................
2515 East Evans Rd
FAIR OAKS RANCH CITY HALL... (COUNCIL CHAMBERS) ...................7286 Dietz Elkhorn
GREAT NORTHWEST LIBRARY ... ............................... ...........................9050 Wellwood
HENRY A. GUERRA, JR. LIBRARY ............................ ...........................7978 W Military Drive
JOHN IGO LIBRARY ................................... ...............................
13330 Kyle Seale Parkway
JOHNSTON LIBRARY ............................................. ...............................
6307 Sun Valley Drive
JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park
............. 15060 Judson Road
LAS PALMAS LIBRARY ................ ............................... ............................515
Castroville Road
LEON VALLEY CONFERENCE CENTER ........................ ...........................6421
Evers Rd
LION'S FIELD ........................................... ............................... ...........................2809
Broadway
MAURY MAVERICK, JR. LIBRARY ...... ............................... ...........................8700
Mystic Park
MCCRELESS LIBRARY .................................... ...............................
1023 Ada Street
MEMORIAL LIBRARY ............................................... ...............................
3222 Culebra
MISSION LIBRARY ....................................... ............................... 3134 Roosevelt Ave.
NORTHSIDE ACTIVITY CENTER ....... ............................... ...........................7001 Culebra
OLMOS CITY HALL .................... ............................... ............................120
El Prado W
PARMAN LIBRARY @Stone Oak ................... ...............................
20735 Wilderness Oak
PRECINCT 1 SATELLITE OFFICE .................... ...............................
3505 Pleasanton Rd.
SCHAEFER LIBRARY ............ ............................... ...........................6322
US Hwy 87 E
SHAVANO PARK CITY HALL... (COUNCIL CHAMB ) ..........................
900 Saddletree Ct
SOMERSET ISD ADMIN BLDG ... ............................... ...........................7791
6th St., Somerset
SOUTH PARK MALL ............... ............................... ...........................2310
S.W. Military
TOBIN LIBRARY @ OAKWELL ...................... ...............................
4134 Harry Wurzbach
UNIVERSAL CITY LIBRARY ............................. ...........................100
Northview Dr
WINDCREST TAKAS PARK CIVIC CENTER ............... ...........................9310 Jim Seal Dr.
WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ............4522
Fredericksburg
* * * ** Early Voting Will not be conducted on Saturday or Sunday or after 6:00 pm on
weekdays.
subject to change
For more information contact the office of the Bexar County Elections Administrator,
Jacquelyn F. Callanen, at (210) 335 -VOTE (8683)
NOVEMBER 7, 2017
(7 DE NOVIEMBRE, 2017)
GENERAL AND SPECIAL ELECTIONS
(ELECCI NES GENERAL Y ESPECIAL)
LOCATIONS OF EARLY POLLING PLACES
(LA VO TA CION ADELANTADA EN PERSONA SE LLEVARA A CABO EN)
Location, Dates & Hours of Main Early Voting Polling Location
(Lugar, Fechas y Houas de los Centros Principales de Votacion para la Votacion Anticipadal
SEGUIN ELECTIONS OFFICE
215 S. Milam St.
Seguin, TX 78155
Monday, Oct. 23rd through Friday, Oct. 27th, 2017 Lunes, 23 de Oct. hasta el Viernes, 27 de Oct. de 2017 de
8:00 a.m. to 5:00 P.M. 8:00 de la manana a las 5:00 de la tarde
Saturday, Oct. 28th, 2017 — 7:00 a.m. to 7:00 p.m. Sabado, 28 de Oct., 2017 — de 7:00 de la manana a las
7:00 de la tarde
Sunday, Oct. 29th, 2017 —1:00 p.m. to 6:00 p.m. Domingo, 29 de Oct., 2017— de 1:00 de la tarde a las 6:00
de la tarde
Monday, Oct. 30th through Friday, Nov. 3rd, 2017
7:00 a.m. to 7:00 p.m.
*Emergency and Limited ballots available at this location only.
Lunes, 30 de Oct. hosta el Viernes, 3 de Nov. de 2017 de
7:00 de la manana a las 7:00 de la tarde
)letas limitadas y de emergencia solamente estdn disponibles en esta caseta.)
3240 FM 725
New Braunfels, TX
ATRAL:TEXAS TECHNOLOGY'CENTI
Room 118 Conference Room, 2189 FM 758
New Braunfels, TX
iCHERTZ ELECTIONS OFFICE ANNEI
1101 Elbel Road
Schertz, TX
NEW BERLIN CITY HALL
Monday, Oct. 23rd through Friday, Oct. 27th 2017
8:00 a.m. to 5:00 p.m.
Saturday, Oct. 28th, 2017 — 7:00 a.m. to 7:00 p.m.
Sunday, Oct. 29th, 2017 —1:00 p.m. to 6:00 p.m.
Monday, Oct. 30th through Friday, Nov. 3rd, 2017
7:00 a.m. to 7:00 p.m.
9180 FM 775
New Berlin, TX
Lunes, 23 de Oct. hasta el Viernes, 27 de Oct. de 2017 de
8:00 de la manana a las 5:00 de la tarde
Sabado, 28 de Oct., 2017 — de 7:00 de la manana a las
7:00 de la tarde
Domingo, 29 de Oct., 2017— de 1:00 de la tarde a /as 6:00
de la tarde
Lunes, 30 de Oct. hasta el Viernes, 3 de Nov. de 2017 de
7:00 de la manana a las 7:00 de la tarde
Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por
correo deberan enviarse a j Lisa Adam, Elections Administrator, P. 0. Box 1346, Seguin, TX 78156 -1346 or
earlyyotingclerk@co.guadalupe.tx.us. Applications for Ballots by Mail must be received no later than the
close of business on Oct. 27, 2017. (Las solicitudes para boletas que se votaran adelantada por correo deberan
recibirse para elfin de las horas de negocio el 27 de Oct., 2017.
Bexar County Election Day Location
November 7, 2017 .
Precincts: 4087, 4126, 4127
Location: Ray D. Corbett Jr. High School —12000 Ray Corbett Drive,
Schertz. Texas 78154
Time: 7:00 a.m. to 7:00 p.m.
CITY OF SCHERTZ
Election Day Polling Locations
Polls Open from 7:00 a.m. to 7:00 p.m.
Pct. #
GUADALUPE COUNTY VOTING LOCATIONS
303
Schertz Elections Office, 1101 Elbel Rd., Schertz
304
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz
305
Selma City Hall, 9375 Corporate Dr., Selma
306
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz
401
Immaculate Conception Catholic Church, 21.2 N. Barnett St., Marion
402
Schertz Community Center, 1400 Schertz Parkway, Schertz
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
404
Schertz Community Center North, 3501 Morning Dr., Cibolo
409
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy.,
Cibolo
Pct. #
*COMAL COUNTY VOTING LOCATIONS
202
John Paul II Catholic High School, 6720 FM 482, New Braunfels
301
Westside Community Center, 2932 S. IH 35, New Braunfels
*Corral county has not yet confirmed these locations.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between Bexar County
Elections Administrator ( "ADMINISTRATOR "), acting on behalf of : Bexar County and any and
all political subdivisions that are holding a Tuesday, November 7, 2017 Amendment, General,
Special, Charter or Bond Election. This MOU is the planning document necessary for the
preparation and implementation of the Joint Agreement as required pursuant to Texas Election
Code Section 271.002(a). The following entities have made a verbal confirmation to the Joint
Election: Bexar County, ( "County "); San Antonio River Authority ( "SARA "); the City of Castle
Hills ( "COCH "); the City of Converse ( "COC "); the City of Olmos Park ( "COOP "); the City of
San Antonio ( "COSA "); the City of Sandy Oaks ( "COSO ") and the City of Schertz ( "COS "); the
City of Windcrest ( "COW "); Emergency Service District #10 (" BSD #1.0 "); the Town of
Hollywood Park ( "TOHP "); the Cibolo Creek Municipal Authority ( "CCMA "); the Green Valley
Special Utility District ( "GVSUD ");the Schertz Cibolo Universal City ISD ( "SCUCISD ") they
may also be joined by other entities acting by and through their duly appointed and qualified
representatives, for the November 7, 2017 . election. Any entity that is able to cancel their
election will assume no cost for the planning of this election upon receipt of the proper
paperwork. All costs will then be divided according to the pre determined pro rata share agreed
upon. Contracts will be executed following the deadline to cancel an election and distributed for
signatures and deposits.
WHEREAS, County will conduct an amendment election on Tuesday, November 7, 2017; . and
WHEREAS, SARA will conduct a general election on Tuesday, November 7, 2017; . and
WHEREAS, COCH will conduct a special election on Tuesday, November 7, 2017; and
WHEREAS, COC will conduct a genera] and charter election on Tuesday, November 7, 2017; .
and
WHEREAS, COOP will conduct a special election on Tuesday, November 7, 2017; and
WHEREAS, COSA will conduct a charter election on Tuesday, November 7, 2017; and
WHEREAS, COSO will conduct a general election on Tuesday, November 7, 2017; and
WHEREAS, COS will conduct a general election on Tuesday, November 7, 2017; and
WHEREAS, COW will conduct a general election on Tuesday, November 7, 2017; and
WHEREAS, ESD #10 will conduct a special election on Tuesday, November 7, 2017; and
WHEREAS, TOHP will conduct a bond election on Tuesday, November 7, 2017; and
WHEREAS, CCMA will conduct a general election on Tuesday, November 7, 2017; and
WHEREAS, GVSUD will conduct a general election on Tuesday, November 7, 2017; and
WHEREAS, SCUCISD will conduct a general election on Tuesday, November 7, 2017; and
NOW THEREFORE, it is understood that the Entities will hold a joint election on
November 7, 2017 (the "Joint Election ") .
The undersigned Entities are the duly authorized representatives of their governing bodies,
and their signatures represent acceptance of the terms and conditions of this Memorandum
of Understanding for planning purposes.
This MOU may be executed in two or more counterparts. Together the counterparts shall be
deemed an executed original instrument. The Entities may execute this MOU and exchange
counterparts of the signature pages by means of facsimile transmission, and the receipt of
executed counterparts by facsimile transmission shall be binding on the Entities. Following such
exchange, the parties shall promptly exchange original versions of such signature pages.
SIGNED and AGREED this day of , 2017. .
4
Jacquelyn F. Callanen
1301I 1
C
1119M 1
THE STA TE OF TEXAS
COU',,VT)" OF GUADAL UTPEJ
CONTRACT FOR ELECTION SERVICES
Said Political Subdivision is holding a General Election, at their expense on November 7,
M
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to the parties, IT IS AGREED as follows:
T. ADMINISTRATION
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
It. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation. adoption,, and publication of
all required election orders. resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility, of the Political Subdr6sion, including translation to languages other than English.
Political Subdivision shall provide a copy of their election order and notice to the Elections
Administrator,
111, VOTING LOCATIONS
The Elections Administrator shall arrange for the use ofall Election Day voting locations.
Voting locations will be the County's usual voting locations. In the event a voting location is not
available, the Elections Administrator will arrange for use of an alternate location with the
approval of the Political Subdivision. The Elections Administrator shall arrange for the use of the
two Comal County voting locations for the Political Subdivision,
If polling places are different from the polling place(s) used by Political Subdivision in
it's most recent election, Political Subdivision agrees to post a notice no later than the day before
the election, at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivisions polling
place names and
addresses in effect for election.
All obligations of the Elections Administrator contained in this contract with respect to
polling locations shall be lunited to the provision of polling locations located within the
geographical boundaries of Guadalupe County ,Texas. The Elections Administrator has agreed to
contact the authority in Coma] County to arrange for the use of Precincts 202 and )0l 1 Election
Day polling locations in Co al County.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Elections Administrator shall recornmend election judges, alternate judges and clerks.
Upon request by the Elections Administrator, Political Subdivision a- r ees to assist in recruiting
L-
polling place officials who are bilingual (fluent in both English and Spanish).
The Elections <Administr ator shall notify all election judges of the eligibility requirements
of Subehapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Election are eligible to serve.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
agent of the County or Political Subdivision- unless considered a county employee as determined
by the Guadalupe County Human Resources Department,
I. EARLY VOTING
As Early Voting Clerk., the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters ") 1. and 86 of the Texas Election
Code. Any requests for early` voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded immediately by fay or courier to the Elections Administrator for
processing.
'The Elections Administrator shall, upon request, provide the Political Subdivision a copy
of the early voting report on a daily basis and a cumulative final early voting report following the
election.
VII. EAR Ltd' VOTING BALLOT BOARD
Elections Administrator shall appoint an Early Voting Ballot Board (EVBB) to process
early voting results from the Election. The Presiding Judge, with the assistance of the Elections
Administrator,, may appoint two or more additional members to constitute the EVBB. The
Elections Administrator shall detennine the number of EVBB members required to efficiently
process the early voting ballots,
Vill. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the
central counting station to receive and tabulate the voted ballots in accordance with the
provisions of the Texas Election Code and of this Contract.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central Counting station officials:
Counting Station Manager: -- Lisa Adani
Tabulation Supervisor: _yMissy Doss
Presiding Judge: ___ Sylvia Manyl()Ielq_
Subdivision's official or employee who perfonris the duties of a secretary under the Texas
Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
XIII. MISCELLANEOUS PROVISIONS
The Elections Administrator shall file copies of this document with the Guadalupe
County Treasurer and the Guadalupe County Auditor in accordance with Section 3) 1.099 of the
Texas Election Code.
in the event that legal action is filed contesting Political Subdivision's election under
Title 14 of the Texas Election Code, Political Subdivision shall choose and provide. at its own
expense. legal counsel for the County. the Elections Administrator, and additional election
personnel as necessary.
Nothing in this contract prevents any party from taking appropriate legal action against
any other party and/or other election personnel for a breach of this contract or a violation of the
'1,e as Election Code.
The parties agree that under the Constitution and laws ofthe State of Texas, neither
Guadalupe County, nor Political Subdivision can enter into an agreement whereby, either party
agrees to indemnify or hold ha lass another party; therefore, all references of any kind, if any,
to indemnifying or holding or saving harmless for any reason are hereby deleted,
I, It has on this day of , 2017, been executed on behalf of
Guadalupe County by the El, ctions Ad m4iist&r t 4VpuAuant to the Texas Election Code so
authorizing; and
2. It has on this day of 20171. been executed on be of the
Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALL"'PE, COUNTY, TEXAS
Elections Administrator
ATTEST:
City of chertz, Texas:
By:
Presiding Of Representative
C�
JOINT ELECTION AGREEMENT AND ELECTION SERVICE CONTRACT
BETWEEN
GUADALUPE COUNTY, TEXAS
AND
CITY OF CIBOLO, CITY OF SCHERTZ, CITY OF SEGUIN, SCHERTZ-CIBOLO-UNIVERSAL CITY
INDEPENDENT SCHOOL DISTRICT, GREEN VALLEY SPECIAL UTILITY DISTRICT, CIBOLO CREEK
MUNICIPAL AUTHORITY, GUADALUPE COUNTY GROUNDWATER CONSERVATION DISTRICT,
CRYSTAL CLEAR SPECIAL UTILITY DISTRICT, CITY OF NEW BERLIN, CITY OF KINGSBURY, AND THE
CITY OF STAPLES
FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD
TUESDAY, NOVEMBER 7, 2017
This Joint Election Agreement and Election Service Contract is made this _ day of 9
2017, by and between Guadalupe County Elections Administrator, hereinafter referred to as "EA", and the City
Of Cibolo, City Of Schertz, City of Seguin, Schertz-Cibolo-Universal City Independent School District, Green
Valley Special Utility District, Cibolo Creek Municipal Authority, Guadalupe County Groundwater Conservation
District Crystal Clear Special Utility District, the City of New Berlin, the City of Kingsbury, and the City of
Staples, hereinafter referred to as "Participating Authorities".
WHEREAS, pursuant to Texas Election Code Section 271.002, governing bodies of political
subdivisions may enter into an agreement to hold joint elections in election precincts that can be served by
common polling places.
WHEREAS, the State and County General and Special Elections will be held on November 7, 2017, in
34 Countywide Polling Places (Vote Centers) . Parties to this agreement serve voters within some of the same
boundaries and it would be beneficial for them and the citizens and voters of their governing bodies to hold
elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will by EA and the Participating Authorities
under the following terms and conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be binding on the
parties until such written approval is obtained.
THIS AGREEMENT will require the EA to be appointed the Joint Early Voting Clerk.
THIS AGREEMENT will require the Participating Authorities to use joint ballots, when applicable.
THIS AGREEMENT requires the Participating Authorities to share costs associated with this Joint
Election proportionally where polling places are shared by more than one entity.
THIS AGREEMENT requires the Participating Authorities to be responsible for ordering its own election
and publishing notice of the elections separately. The cost to publish the notices will be the responsibility of
each individual entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates, and times to be
used by the Participating Authorities.
THIS AGREEMENT will require the EA to tabulate the precinct results and canvassing separately for
each Participating Authority. The results will be delivered to each entity by email, facsimile or mail.
THIS AGREEMENT will require the EA to be responsible for the safekeeping of election records for this
joint election.
THIS AGREEMENT will require the EA to be responsible for performing the following duties and to
furnish the following services and equipment pursuant to the election services contract with Guadalupe County:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the polling locations, and
prepare the voting equipment for use at the polling locations.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time and place of the electronic tabulating equipment test and
conduct such test and provide copies to entities.
8. Arrange for the use of a central counting station and for the tabulating personnel needed at the
counting station and assist in the preparation of programs and the test materials for tabulation of the
ballots to be used with electronic voting equipment.
9. Assist in providing the general overall supervision of the election and will provide to the Canvassing
Authority the prescribed election records and reports as required when a central counting station is
used:
a. Canvassing Summary Report,
b. Accumulated totals Report of early voting and Election Day, and
c. Electronically submit results to the Secretary of State.
10. Ballot type: (for use with mail ballots.) Optical Scan
11. Ballot tabulating equipment to be used:
a. Premier Touch Screens,
b. Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
1. EARLY VOTING
A. Lisa Adam, Elections Administrator, will be appointed as early voting clerk in compliance with
Sections 271.006 of the Texas Election Code. Other deputy early voting clerks will be appointed as
needed to process early voting mail and to conduct early voting at the main location and branch
locations. The names of Early Voting Clerks may be obtained from the EA.
B. Early voting by personal appearance will be conducted on weekdays beginning Monday, October
23, 2017, through Friday, October 27, 2017, between 8:00 a.m. and 5:00 p.m.; Saturday, October
28, 2017, between 7:00 am and 7:00 pm; Sunday, October 29, 2017 between 1:00 pm and 6:00 pm
and continuing Monday, October 30, 2017, through Friday, November 3, 2017, between 7:00 am
and 7:00 pm. Any qualified voter for the Joint Election may vote early by personal appearance at
either the main early voting location, branch locations, or temporary branch locations.
MAIN EARLY VOTING POLLING PLACE
GUADALUPE COUNTY ELECTIONS OFFICE
215 South Milam Street
Seguin, TX 78155
BRANCH EARLY VOTING POLLING PLACES
CENTRAL TEXAS TECHNOLOGY CENTER
Room 118 Conference Room, 2189 FM 758
New Braunfels, TX 78130
2
GRACE MEMORIAL CHURCH
3240 FM 725
New Braunfels, TX 78130
NEW BERLIN CITY HALL
9180 FM 775
New Berlin, TX
SCHERTZ ELECTIONS OFFICE ANNEX
1101 Elbel Road
Schertz, TX 78154
C. All requests for early voting ballots by mail that are received by participating authority will be
transported by runner on the day of receipt to the EA, 215 S. Milam St., Seguin, TX 78155, for
processing. Persons voting by mail will send their voted ballots to EA.
D. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in
accordance with Section 87.001 of the Texas Election Code. EA will appoint members of the board
and provide a list of members to the participating authority upon request. Participating authority
agrees to appoint Sylvia Marmolejo as presiding judges of the early voting ballot board.
2. VOTING LOCATIONS
A. Guadalupe County has been approved to use Vote Centers for the November 7, 2017 Election,
allowing Guadalupe County registered voters to vote at any Guadalupe County Voting Location,
regardless of the precinct in which they reside.
EA shall select and arrange for the use and of payment for all Election Day voting locations. Voting
locations will be the usual voting precincts in conducting county elections. The proposed locations
are listed in Attachment "A" of this Agreement. In the event a voting location is not available, the
EA will arrange for use of an alternate location and notify Participating Authorities.
3. JOINT ELECTION COSTS: PAYMENT
A. Costs. Each Participating Authority remains responsible for all costs associated with their
respective elections only.
B. Cancellation. In the event any of the parties to this Agreement cancel their election because of
unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining
parties shall be responsible for their respective elections, including all associated costs. The
canceling party(s) shall be responsible for its respective share of election expenses incurred
through the date that the election is canceled as allocated to that Participating Authority. In that
event that a party cancels its election, the other parties shall continue to have access to the polling
locations.
If an election is to be canceled by one of the parties, notice will be given to all parties within two (2)
days of cancellation.
4. GENERAL PROVISIONS
A. Communication: Throughout the term of this Agreement, the Participating Authorities will engage in
ongoing communications concerning the conduct of the Joint Election and discuss and resolves any
problems which might arise regarding the Joint Election.
B. Effective Date: This Agreement takes effect upon the complete execution of this Agreement by all
Participating Authorities.
C. To the extent the geographical boundaries of the political subdivision extend into a county other
than Guadalupe County, Texas, the obligations of the EA contained in this contract are contingent
upon the political subdivision and /or the other county complying with all state or federal
requirements for the establishment of polling locations. With respect to election services for the
3
political subdivision provided by the EA relative to polling locations outside of Guadalupe County,
Texas, the EA's obligations herein are limited strictly to providing election services for the political
subdivision who is a signatory to this agreement.
5. RECORDS OF THE ELECTION
A. Lisa Adam, Elections Administrator, is hereby appointed general custodian of the voted ballots and
all records of the Joint Election as authorized by Section 217.010 of the Texas Election Code.
B. Access to the election records will be available to participating authority as well as to the public in
accordance with the Texas Public Information act, Chapter 552, Government Code, at the Elections
Department, 215 S. Milam St., Seguin, TX, at any time during normal business hours.
C. Records of the election will be retained and disposed of in accordance with the records retention
schedules which may have been adopted by each participating authority, and in accordance with
the provisions of Title 6, Subtitle C, Chapter 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by the Texas State Library and Archives
Commission. If records of the election are involved in any pending election contest, investigation,
litigation, or Texas Public Information Act, EA shall maintain the records until final resolution or until
final judgment, whichever is applicable. It is the responsibility of the participating authority to bring
to the attention of the EA any notice of any pending election contest, investigation, litigation, or
Texas Public Information Act request which may be filed with a participating authority.
D. Upon request to maintain records beyond eligibility for preservation according with Section 66.058
of the Texas Election Code, EA shall supply a written cost estimate for storage to requesting
participant.
6. MISCELLANEOUS PROVISIONS
A. Venue and Choice of Law: Participating Authorities agree that venue for any dispute arising under
this Agreement will lie in the appropriate courts of Guadalupe County, Texas. This Agreement shall
be governed by and construed in accordance with the laws of the State of Texas and the United
States of America.
B. Entire Agreement: This Agreement contains the entire agreement of the parties relating to the
rights herein granted and the obligations herein assumed and supersede all prior agreements,
including prior election services contracts relating to each Participating Authority's November 8,
2016 election. Any prior agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral representations or modifications
concerning this Agreement shall be of no force or effect, excepting a subsequent modification in
writing as provided herein.
C. Severability: If any provision of this Agreement is found to be invalid, illegal or unenforceable by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the
remaining provisions of this Agreement; and, parties to this Agreement shall perform their
obligations under this Agreement in accordance with the intent of the parties to this Agreement as
expressed in the terms and provisions of this Agreement.
D. Breach: In the event that any Participating Authority breaches any of its obligations under this
Agreement, the non - breaching party(s) shall be entitled to pursue any and all rights and remedies
allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or
defense to which any Participating Authority is entitled under statutory or common law.
E. Other Instruments: The Participating Authorities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to effectuate and carry out
the purposes of this Agreement.
F. Mediation: When mediation is acceptable to all parties in resolving a dispute arising under this
Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a
court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil
Practice and Remedies Code. Unless all parties are satisfied with the result of the mediation, the
mediation will not constitute a final and binding resolution of the dispute. All communications within
the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas
Civil Practice and Remedies Code, unless all parties agree, in writing, to waive the confidentiality.
M
Notwithstanding the foregoing the parties intend to fully comply with the Texas Open Meetings Act
and the Texas Public Information Act, whenever applicable. The term "confidential" as used in this
Agreement has the same meaning as defined and construed under the Texas Public Information
Act and the Texas Open Meetings Act.
G. Amendment /Modification: Except as otherwise provided, this Agreement may not be amended,
modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly
executed by the parties hereto. No official, representative, agent, or employee of any Participating
Authority has any authority to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective Participating Authority.
H. Counterparts: This Agreement may be executed in multiple counterparts, all of which shall be
deemed originals and with the same effect as if all parties hereto had signed the same document.
All of such counterparts shall be construed together and shall constitute one and the same
Agreement.
7. ELECTION JUDGES, CLERKS AND OTHER ELECTION WORKERS
A. EA will be responsible for the appointment of the presiding judge and an alternate for each polling
location. EA shall arrange for the training and compensation of all presiding judges and clerks. The
names of Elections Judges may be obtained by contacting the EA. If a person is unable or
unwilling to serve, EA will name a judge for the precinct and notify participating authorities that are
affected by the change.
B. In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more
than 5% Hispanic population, according to the 2000 census statistics, are required to have
interpreter assistance. If a presiding judge is not bilingual and is unable to locate a bilingual clerk,
EA may contact the participating authority who shall assist in locating a bilingual clerk.
C. EA is responsible for notifying all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election
judges appointed for the joint election are eligible to serve. The presiding judge, with the Elections
Office assistance, will be responsible for insuring the eligibility of each appointed clerk hired to
assist the judge in the conduct of the election.
D. EA will hold training classes on the use of voting equipment and election laws during October 1st
thru October 20th, 2017, at the Seguin Elections Office, 215 S. Milam Street, Seguin, TX. Additional
training classes may be scheduled as needed. Election judges will be notified of additional training
sessions. No election judges will be appointed unless he /she has attended an election judge
training session taught by the Elections Office in the past eighteen (18) months.
E. The election judges are responsible for picking up election supplies at the time and place
determined by EA (which will be set forth in the election judge letter requesting service for this
election). Each election judge will receive $10.00 per hour and each clerk will receive $9.00 per
hour. The election judge will receive an additional $25.00 for picking up the election supplies prior
to Election Day and for delivering election returns and supplies to their designated regional drop off
site. Election judges and clerks attending a training class on Election Law Procedures will receive a
one -time stipend of $15.00 for the completion of the course and working on Election Day.
F. EA will employ other personnel, if necessary, for the proper administration of the election, including
such part -time help to prepare for the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on Election Day, and for the efficient tabulation of
ballots at the central counting station. Part -time personnel working in support of the central
counting station and regional sites on election night will receive pay for at least four hours, minimum
call for service, regardless of the actual hours worked.
8. SUPPLIES AND PRINTING
A. EA will arrange for all election supplies and election printing, including, but not limited to, all forms,
signs and other materials used by the election judges at the voting locations.
B. EA will provide maps, if necessary, instructions and other information needed to enable the election
judges to conduct a proper election.
5
C. Participating authorities shall furnish to EA a list of candidates and /or propositions showing the
order and the exact manner in which their candidate names and /or propositions are to appear on
the official ballot in both English and Spanish. The list will be delivered to EA as soon as possible
after ballot positions have been determined by the participating authority. Participating authority will
be responsible for proofreading and approving the ballot in so far as it pertains to the authority's
candidates and /or propositions.
9. RETURNS OF ELECTIONS
A. EA will be responsible for establishing and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
B. Participating authority hereby, in accordance with Section 127.002, 127.003 and 127.005 of the
Texas Election Code, appoint the following central counting station officials.
Manager Lisa Adam
Guadalupe County Elections Administrator
Tabulating Supervisor Missy Doss
Guadalupe County Assistant Elections Administrator
Presiding Judge Sylvia Marmolejo
Guadalupe County Deputy Elections Clerk
C. The manager or representative will deliver timely cumulative reports of the election results as
precincts are tabulated. The manager will be responsible for releasing cumulative totals and
precinct returns from the election to the joint participants, candidates, press, and general public by
distribution of hard copies or electronic transmittals (where accessible). Participating authority,
upon request, may require release of returns by given only at a specified location other than from
the result center. Participating entity that would like the Guadalupe County Elections Department's
web -site linked to their website, must provide their web -site address to the Central County Station
Manager.
D. EA will prepare the unofficial canvass report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating authority as soon as possible after all returns
and provisional ballots have been tabulated, but in no event later than eight (8) days after the
election. Participating authority will be responsible for their official canvass of their respective
elections.
E. EA will be responsible for conducting the post election manual recount, unless a waiver is given
from the Secretary of State in accordance with Section 127.201 of the Texas Election Code.
Notification and copies of the recount, if waiver is denied, will be provided to each participating
authority and the Secretary of State's Office. Each political subdivision must notify the Elections
Office if waiver has been granted or denied twenty (20) days before the election.
10. ELECTION EXPENSES
A. The participating authority agrees to share the costs of administering the November 7, 2017 Joint
Election. A general supervisory fee not to exceed 10% of the total cost of the election shall be
assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of costs, unless
specifically stated otherwise, will be shared equally between the participating authorities. Any costs
for workers, supplies or equipment that is shared by participating parties will be divided equally.
The cost of anv special reauest from a participant. which is not aareed upon by all
authorities, shall be borne by that participant.
B. The expenses for early voting by mail and personal appearance will be paid equally by each
participating authority, unless otherwise amended.
C. Any estimate of election costs is strictly an estimate. Final election expenses will be determined
within 120 business days after the election. EA will provide each participating authority with a final
invoice of expenses.
6
11. ELECTION REPORTS
EA will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals and
Daily Early Voter Listing (Alphabetical by precinct) to each participating authority each day of Early
Voting for the previous day's voting activity. On the day after the conclusion of Early Voting, a Daily
Early Voter Listing by precinct report inclusive of all days of Early Voting is to be delivered to each
participating authority. When possible, the Early Voters' reports will be delivered by electronic means
via e-mail, facsimile, or website.
12. RUNOFF ELECTION
In the event a runoff is necessary, the agreement will automatically be extended to cover the runoff.
The EA will provide the designated entity in the runoff election with an estimate of cost to conduct
participating authority's runoff.
13. NOTICE
Whenever this agreement requires any consent, approval notice, request or demand, it must be in
writing to be effective and shall be delivered to the party intended to receive it was shown below:
If to the Elections Administrator:
Lisa Adam
Guadalupe County Elections Administrator
215 S. Milam St.
Seguin, TX 78155
830 - 303 -6363
If to the Participating Authority:
Brenda Dennis, City Secretary
City of Schertz, Texas
1400 Schertz Parkway
Schertz, TX 78154
14. This contract may be executed in multiple originals.
NOVEMBER 7, 2017 JOINT CONTRACT ACCEPTANCE AND APPROVAL
Recommended for approval by:
LISA ADAM
Guadalupe County Elections Administrator
ACCEPTED AND AGREED TO BY CITY OF SCHERTZ:
ATTEST:
7
Attachment "A"
NOVEMBER 7, 2017
GENERAL AND SPECIAL ELECTIONS
Election Day Vote Center Locations
Polls Open from 7:00 a.m. to 7:00 p.m.
1.
McQueeney Lions Club, 3211 FM 78, McQueeney
2.
Vogel Elementary School, 16121 FM 725, Seguin
3.
Remarkable Healthcare, 1339 Eastwood Dr., Seguin
4.
Forest Hills Baptist Church, 8251 FM 1117, Seguin
5.
Justice of the Peace Court, Pct 1, 2405 E. US Hwy 90, Seguin
6.
Kingsbury United Methodist Church, 7035 FM 2438, Kingsbury
7.
Staples Civic Center, 9615 FM 621, Staples
8.
Maranatha Fellowship Hall, 2356 S. Hwy. 80, Luling
9.
Jackson Park Student Activity Center, 824 Fleming Dr., Seguin
10.
Grace Memorial Church, 3240 FM 725, New Braunfels
11.
McQueeney VFW Post 9213, 275 Gallagher, McQueeney
12.
Knights of Columbus Hall, 1015 S. Austin Street, Seguin
13.
Our Lady of Guadalupe Church Annex, 730 N. Guadalupe St. Seguin
14.
Westside Baptist Church, 1208 N. Vaughan St., Seguin
15.
American Legion Hall, 618 E. Kingsbury, Seguin
16.
Geronimo Community Center, 280 Navarro Dr, Geronimo
17.
St. Joseph's Mission, 5093 Redwood Rd., San Marcos
18.
The Silver Center, 510 E. Court St., Seguin
19.
Central Texas Technology Center, Room 118 Con£ Room, 2189 FM 758, New Braunfels
20.
Former City of Seguin- Guadalupe County Library, 707 E. College St., Seguin
21.
Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara
22.
Marion Dolford Learning Center, 200 W. Schlather Lane, Cibolo
23.
Schertz Elections Office, 1101 Elbe]. Rd., Schertz
24.
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz
25.
Selma City Hall, 9375 Corporate Dr., Selma
26.
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz
27.
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion
28.
Schertz Community Center, 1400 Schertz Parkway, Schertz
29.
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
30.
Schertz Community Center North, 3501 Morning Dr., Cibolo
31.
St. John's Lutheran Church, 606 S. Center St., Marion
32.
New Berlin City Hall, 9180 FM 775, New Berlin
33.
Klein Road Elementary School, 2620 W. Klein Road, New Braunfels
34.
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: July 25, 2017
Department: Parks
Subject: Resolution No. 17 -R -54— A Resolution by
the City Council of the City of Schertz,
Texas authorizing the City Manager to enter
into a contract with Selrico Services to
provide the congregate meal for the Schertz
Area Senior Center (B. James, C. Van
Zandt, L. Shrum)
f ��4I',T J Z111L`I 1
The City of Schertz Parks, Recreation, and Community Services Department has had direct
oversight over the Schertz Area Senior Center congregate lunch meal program since January,
2014. Prior to the City taking the Comal County Senior Citizen's Foundation had operated the
Senior Center. Initially the meal program was free to the seniors, but subsequently the
Foundation began charging seniors for meals.
When the Department first assumed this role, staff utilized local vendors five (5) days /week to
provide a variety of meals at a cost of $4.00 /each to the seniors. This cost was passed along to
the Seniors who were charged to eat Staff carried on in this fashion through December of 2014.
In the meantime, staff was researching other ways /means to provide the congregate meal. In
December, 2014, staff approached the Community Council of South Central Texas (an AACOG
funded organization out of Seguin, Texas) about their willingness /capability to provide
congregate meals for the Schertz Area Senior Center program. CCSCT indicated that they were
up to the challenge and more than willing to include our membership in their congregate meal
program. In January, 2015, staff worked with the CCSCT organization to enroll our entire
Senior Center membership in their program (at no cost to the City). The enrollment was
accomplished in January, 2015, and the members of the Senior Center began to enjoy the free
meals provided by CCSCT. However, in February, 2015, CCSCT lost some of its funding from
AACOG and indicated (in June, 2015 via invoice) that it could no longer provide our congregate
meals at no cost. Instead, CCSCT indicated that they would need to charge $4.38 /meal plus
donations collected at the site. The City has been paying $4.38 /meal delivered since February,
2015.
The City issued a Request for Proposals was initiated on the part of the City /Department to
establish a contract whose parameters could be set and monitored (quality control) and to see
what other vendors might be able to provide the congregate meal service. When the RFP closed
on March 23, 2017, there were three (3) respondents; Community Council of South Central
Texas (current provider), Texas Food Bank, and Selrico Services.
A panel of three (3) staff members (Parks Director, Asst. Parks Director, and Environmental
Health Manager), working in conjunction with the Purchasing Manager, carefully analyzed the
three (3) proposals. The proposals were judged in five (5) different categories; experience and
qualifications, respondent's proposed meal program plan, quality assurance plan, taste panel
evaluation, and cost. A number of seniors from the Senior Center sat on the taste panel. Based on
the scoring of the RFP, staff is recommending Selrico Services be awarded a contract to provide
meals to the Senior Center.
Selrico Services can provide the individual congregate meal at $4.15 /meal delivered.
The estimated cost for the program for each year of the proposed, two (2) year contract is an
amount not to exceed $104,000 /year (or $208,000 total) based upon current consumption/day
and factoring in anticipated growth in the program due to our newly renovated facility, better
tasting food, better delivery service, and a lower age requirement (minimum of age 60 for
CCSCT and minimum age of 55 for Senior Center members). This contract also offers the
opportunity for up to three (3), one -year extensions that are negotiable.
Goal
Approve Resolution 17 -R -54 authorizing the City Manager to enter into a two -year contract with
Selrico Services in the amount of $208,000 to provide the congregate meal for the Schertz Area
Senior Center.
Community Benefit
Participation in this program continues to grow on a daily basis. With the help of our managing
partner, the YMCA of Greater San Antonio, the City of Schertz is able to provide a top - quality
service both programmatically and nutritionally with the addition of this contractual congregate
meal.
Summary of Recommended Action.
City Council approval of the contract with Selrico Services in the amount of $208,000 to provide
the congregate meal program for the Schertz Area Senior Center.
FISCAL IMPACT
Expenditures in the amount of $208,000 from the Senior Center special fund number
RECOMMENDATION
Staff recommends Council approval of Resolution 17 -R -54.
ATTACHMENTS
Resolution 17 -R -54
Contract with Selrico Services
RESOLUTION NO. 17 -R -54
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH SELRICO SERVICES TO PROVIDE THE
MEALS FOR THE CONGREGATE MEAL PROGRAM AT THE
SCHERTZ AREA SENIOR CENTER.
WHEREAS, the City sought out prospective vendors who could provide the congregate
meal for the Schertz Area Senior Center; and
WHEREAS, the City elected to seek respondents who could provide this service via the
RFP process; and
WHEREAS, after going through extensive analysis of the responses provided by each of
three (3) prospective vendors, City staff is confident that Selrico Services can provide the best
product at the best value; and
WHEREAS, the City Council of the City has determined that it is in the best interest of
the City to award this contract to Selrico Services;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Manager is hereby authorized to enter into a two -year contract
with Selrico Services in an amount not to exceed $208,000 (or $] 04,000 /year) to provide the
meals for the congregate meal program at the Schertz Area Senior Center.
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 1st day of August, 2017.
Donna Schmoekel, Deputy City Secretary
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
M
CITY OF SCHERTZ
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz,
Texas, (the "City ") a Texas municipality, and Selrico Services, Inc. ( "Contractor ").
Section 1. Duration
This Agreement shall become effective the latter of October 1, 2017 . or the final signature affixed
hereto and shall remain in effect until September 30, 2019 unless terminated or extended 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 an invoice for payment upon completion of the
described tasks. 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.
(D) Not to Exceed Contract Amount. Expenditures for this contract shall not exceed ONE
HUNDRED FOUR THOUSAND AND NO /100 DOLLARS ($104,000.00) per fiscal
year. Fiscal year one shall be the October 1, 2017 through September 30, 2018. . Fiscal year
CITY OF SCHERTZ PAGE 1
Selrico Services, Inc. Service Agreement
two shall be October 1, 2018 through September 30, 2019.
(E) Payments Subject to Future Appropriation. This Agreement shall not be construed as a
commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to
Contractor.
(1) All payments or expenditures made by the City under this Agreement are subject to the
City's appropriation of funds for such payments or expenditures to be paid in the budget
year for which they are made.
(2) The payments to be made to Contractor, or other expenditures under this Agreement, if
paid, shall be made solely from annual appropriations of the City as may be legally set
aside for the implementation of Article III, Section 52 -a of the Texas Constitution or
Chapter 380 of the Texas Local Government Code or any other economic development
or financing program authorized by statute or home rule powers of the City under
applicable Texas law, subject to any applicable limitations or procedural requirements.
(3) In the event the City does not appropriate funds in any fiscal year for payments due or
expenditures under this Agreement, the City shall not be liable to Contractor for such
payments or expenditures unless and until appropriation of said funds is made; provided,
however, that Contractor, in its sole discretion, shall have the right but not the obligation
to terminate this Agreement and shall have no obligations under this Agreement for the
year in respect to which said unappropriated funds relate.
(4) To the extent there is a conflict of this Section and any other language or covenants in
this Agreement, this Section 3 shall control.
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.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years.
Contractor shall provide evidence of such insurance to the City. Such documentation shall meet
the requirements noted 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
CITY OF SCHERTZ PAGE 2
Selrico Services, Inc. Service Agreement
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 ".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
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
CITY OF SCHERTZ PAGE 3
Selrico Services, Inc. Service Agreement
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 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:
(1) 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 five (5) 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
CITY OF SCHERTZ PAGE 4
Selrico Services, Inc. Service Agreement
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
ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
(BOTH REAL AND PERSONAL ) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING 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. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision .
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
Section 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
CITY OF SCHERTZ PAGE 5
Selrico Services, Inc. Service 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.
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 OF SCHERTZ PAGE 6
Selrico Services, Inc. Service Agreement
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 I, Chapter 271, TEX. LOCAL Gov'T CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied 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.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1.295 passed by the 84th Texas Legislature (Section
2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics
Commission (TEC), all contracts with private business entities requiring approval by the Schertz City
Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295
is also required for any and all contract amendments, extensions or renewals. Contractors are required to
complete and file electronically with the Texas Ethics Commission using the online filing application.
Please visit the State of Texas Ethics Commission website,
https:/ lwww .ethics.state,tx,uslwhatsnew /elf info formI295.htm and
//www, ethics. state Ax, us/tec/ 1295 -Info htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN
LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSI.BILITY OF EACH PERSON
OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE
UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
CITY OF SCHERTZ PAGE 7
Selrico Services, Inc. Service Agreement
EXECUTED on this the clay of 2017.
CITY: CONTRACTOR:
By By: t
Name: John C. Kessel Name: 7a1" V a , p u M q /
Title: City Manager Title: - y'e>'I
ADDRESS FOR NOTICE:
CITY:
CONTRACTOR:
City of Schertz
Selrico Services, Inc.
Attn: John C. Kessel, City Manager
717 West Ashby Place
1400 Schertz Parkway
San Antonio, TX 78212
Schertz„ Texas 78154
210 -737 -8220
C11 of SCHERTZ PAGE 8
Selriro Services, Inc. Service Agreement
Exhibit "A"
Pro i ect
The Contractor shall provide delivered meals on a daily basis for the Schertz Area Senior Center.
Location
Schertz Area Senior Center or other City assigned location.
Scope of Work
The selected Respondent shall, in compliance with all rules, standards and guidelines established by the
federal Older American Act, the Department of Aging and Disability, provide meals for seniors. The
meals shall be prepared and planned by a registered dietitian or acceptable equivalent individual certifying
that menus adhere to required Dietary Reference Intakes (DRIs).
Contractor shall perform services in accordance with the scope of services and conditions as stated in the
City of Schertz RFP # 17- PK- 06 -A -01 and Contractor's proposal dated March 22, 2017.
Fee Schedule
Cost Per meal: $4.15
Term of Service Agreement
This Service Agreement shall automatically terminate September 30, 2019 unless extended by City
Council Approval. Notwithstanding the foregoing, this contract shall be terminated if funds allocated for
expenditure under this agreement are not available as provided for in sections 3 and 7. of this agreement.
Extensions
If agreed by the City and Contractor, this Agreement may be extended if approved by the City Council
for a period of one year. A maximum of three extensions may be made.
Maximum Contract Expenditure
Cumulative expenditures under this agreement shall not exceed $208,000.00 during its first two -year term.
Maximum expenditures during each of the Schertz fiscal years shall not exceed $104,000.00 unless
otherwise negotiated and approved by City Council.
Fiscal year one is defined as October 1, 2017 . through. September 30, 2018. .
Fiscal year two is defined as October 1, 2018 through September 30, 2019.
Fiscal year for the optional term period three is defined as October 1, 2019 through September 30, 2020.
Fiscal year for the optional term period four is defined as October 1, 2020 through September 30, 2021.
Fiscal year for the optional term period five is defined as October 1, 2021 through September 30, 2022.
End of Exhibit "A"
CITY OF SCHERTZ PAGE 9
Selrico Services, Inc. Service Agreement
Exhibit "B"
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
Selrico Services, Inc. Service Agreement
emailed to: purchasen a schertz.co
Faxed to: 210 - 619 -1169
PAGE 10
CERTIFICATE
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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.
(l) 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
Selrico Services, Inc. Service Agreement
Exhibit "C"
CITY OF SCHERTZ PAGE 13
Selrico Services, Inc. Service Agreement