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06-26-2018 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL June 26, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flats of the United States and State of Texas. (Mayor Pro -Tem Scagliola) Presentations • Proclamation designating July as Park and Recreation Month. (M. Carpenter) • Presentation regarding the recent City of Schertz Texas Association of Municipal Information Officers (TAMIO) Awards. (S. Gonzalez /L. Klepper) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) • Announcements and recognitions by the Mayor (M. Carpenter) 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 f `actual 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 06 -26 -2018 Council Agenda officer, during the Ilearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular meeting of June 12, 2018. 2. Resolution No. 18 -R-63 - Consideration and/or action approving a Resolution authorizing EMS Utility Billing and Schertz Magazine Debt Revenue Adjustments for certain inactive outstanding receivables. (B. James /J. Walters /D. Hardin - Trussell(L Mabbitt/L. Klepper) 3. Resolution No. I8 -R -68 — Consideration and /or action approving a Resolution authorizing a Mutual Aid Agreement with the Cities of Schettz, Cibolo, Live Oak, New Braunfels and Selma. (D. Wait/M. Hansen) 4. Resolution No. 18 -R -69 — Consideration and /or action approving a Resolution authorizing a Mutual Aid Agreement with the Cities of Schertz„ Cibolo, Converse, Garden Ridge, Live Oak, Selma and Universal City. (D. Wait/M. Hansen) 5. Resolution No. I8 -R -70 — Consideration and /or action approving a Resolution approving and authorizing an agreement for a Right -of -Way Dedication along Eckhardt Road from Cariari Holdings, Inc. and authorizing the acceptance of such Right -of -Way Dedication by the City in accordance with the terms of the Dedication Agreement. (B. James /K. Woodlee) 6. Resolution No. 18 -R -71 -- Consideration and /or action approving a Resolution authorizing additional expenditures with Ford Engineering, Inc. totaling no more than 52,600 for Professional Engineering Services to obtain sidewalk easements for the Schettz Pedestrian Routes & Bike Lanes project. (B. James /L. Shrum) 7. Resolution No: 18 -R -41 Consideration and/or action approving a Resolution authorizing purchases with Computer Solutions in an amount not to exceed 578,774.47 for the hardware and installation services associated with the Virtualization Project and New Community Development Software Project. (B. James /M. Clauser) Discussion and Action Items 8, Ordinance No. 18 -M -20 — Consideration and /or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure as they relate to properly placed items on a future agenda. Final Reading (Mayor /Council) 9. Resolution No. 18 -R -72 — Consideration and /or action approving a Resolution authorizing the Acting City Manager to extend the contract with Selrieo Services in 06 -26 -2018 City CoundlAgenda Page -2- the amount of $20,000 to provide the congregate meal program at the Scheitz Area Senior Center. (B. James/L. Shrum) 10. Ordinance No. I8-T -22 -- Consideration and /or action approving an Ordinance by the City Council of the City of Schertz authorizing a budget adjustment to the Fiscal Year 2017 -2018 budget to increase the budget for 3" party inspection services; repealing all Ordinances or parts of Ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /L. Wood) 11. Resolution No. 18-R -75 - Consideration and /or action approving a Resolution authorizing the acceptance of Parkland and dedication of an easement generally at Wiederstein Road and FM 3009. (B. James) Roll Call Vote Confirmation Workshop Discussion regarding goats and philosophy regarding use of our assets, to include Parks & Recreation facilities and other amenities. (Item requested by Mayor Carpenter and Councihnember Davis) (B. James /L. Shrum) • Discussion and possible action regarding the make up of the Interview Committee for the Boards, Commissions and Committees. (Item requested by Councilmember Larson) (B. Dennis) Closed Session 12. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 13, City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • ProjectE -041 • Project E -043 • Project E-044 Reconvene into Regular Session 12a. Take any action based on discussions held in closed session under Agenda Item 12. 06 -26 -2018 City CoundlAgenda Page -3- I3a. Take any action based on discussions held in closed session under Agenda Item 13. Roll Call Vote Confirmation Requests and Announcements • Announcements by the Acting City Manager. • Requests by Mayor and Councitmembers that items be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 14. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding the Recreation Center (YMCA) Remodel scope of work project. (B. James /L. Shrum) (Item requested by Councibmember Crawford) • Information regarding the upcoming 4`^ of July Jubilee Event. (B. James /S. Gonzalez /L. KlepperAM. Spence) • Pending informational items. Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT TIME ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 22nd DAY OF JUNE 2018 AT 4:45 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. g12ENDfF AENNI.S Brenda Dennis, CIl Sceretar 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 , 2018. 06 -26 -2018 City Council Agenda Page -4- This facility is accessible in accordance with the Americans with Disabilities Act Handicapped parking spaces are available. 7f you require special assistance or have a request for sign interpretative services or other services, please call 210- 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time daring the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz - Seguin Local Government Corporation Alternate Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place I Councilmember Gutierrez— Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee— Vice Chair Interview Committee for Boards and Commissions Investment Advisory Committee Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz - Seguin Local Goverment Corporation Audit Committee Interview Committee for Boards and Commissions TIRZ II Board 06 -26 -2018 City Council Agenda Page - S - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on June 12, 2018, FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting held on June 12, 2018. Regular meeting of June 12, 2018 minutes. MINUTES REGULAR MEETING June 12, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 12, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Seberiz, Texas. The following members present to -wit: Mayor Michael Carpenter Mayor Pro Tem Da4i13..,Scagliola Councilmember Mark Davis Councilmember Ralph Gutierrez. Councilmember Scott Larson Councilmember'Cedrie Edwards Councilmember Angelina Kiser Councilmember, Bert Crawford Staff Present: Acting City Maliaget Brian Ja Executive Director Dudley Wait Assistant lb the City Manager City Attorney Dan Santee City Spoictary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to ,order at 6:00 p.m, Texas. (Councilmember Edwards) Presentations _.. _..,. Presentation regarding the :,recent City of Schertz Texas Association of Municipal Information Officers,( `['AM[O) Awards (S. Gonzalez/L. Klepper) Mayor Carpetterstated that staff has asked that this be moved to the June 26 °i agenda. Announeepients of upcouning City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter rec€tgnized Executive Director Dudley Wait who provided the following Civic Center Blue Bonnet Hall Thursday, June 141" Northeast Partnership Meeting 11:30 am Olympia Hilts Golf Course and Conference Center Friday, June 151h Elected Officials Workshop 8:30 am — 4:00 pm 06-12 -2018 Minutes rap -t- 8700 Tesoro Drive, Suite 100 The Alamo Area Council of Governments ( AACOG), in partnership with Denton, Navarro, Rocba, Bernal & Zech and CPS Energy will host a free one -day Elected Officials' Workshop to cover such duties and responsibilities of elected officials; introduction to city government; roles of the mayor and council; budgeting and financial management; and legal issues such as open meetings; open records, purchasing and conflict of interest. Registration is required on the AACOG website. Tuesday, June 1911 Chamber Luncheon 11:30 am Civic Center Thursday, June 21 International Yoga Dav 5:00 om Pickrell Park —Yoga session, free and open Saturday, June 23°a Tee Off for the Librar 10:00 am— 6:00 um Schertz Library Help raise money for new picnic tables and person includes a round of mint golf, ahot"dog Courtyard! $5 per must be purchased in advance at the Parks and recreation Place, Building #I The City of Stheriz, will be holding its General Election on November 6, 2018 for the purpose of re- ei•_ecting Council Members in Place 6, and Place 7 for a three -year term, from November 20IR to November 2021, 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. Announcements and recognitions by the Acting City Manager (B. James) 06-12 -2018 Minutes Tao, - z - Mayor Carpenter recognized Acting City Manager Brian James who stated he had sent an update that we had some of our Firefighters deployed out to assist with the wildfires at Fort Davis; they returned this afternoon. Mr. James stated regarding the status of the electronic sign, it has been delivered to the contractor and the contractor has applied for their permit to do the installation; they were missing a couple of documents. Once we receive them we can issue the permit and installation can proceed in a couple of weeks. He will keep Council posted as the project moves forward. ..,. • Announcements and recognitions by the Mayor. (M. No announcements were provided. Hearins of Residents Mayor Carpenter recognized the following who the Johnic McDow Sports Complex: • • • • • Mr. Nicholas McDow, son of Johina yj Ms. Fae Simmons, 1216 Cyrus Me( Recreation Advisory Board Mr. William Bosch, 1627 Osage Af Advisory Board Mr. George Oberle Jr:,'451A Grand For Mr. Fred Melcrftey, 3322 Oekri Avenue Ms. Donna Johnston, Cibold Mr. Brian Rothrock, Scheib Mr. Kett Gre6nwatd, 205 Westchester Drive, Schertz Run, Schertz the Scherti Ballpark to Schertz, also, ,a. member of the Parks & Brian of the Parks & Recreation illivan,,,513 Triple Crown, Schertz. He also addressed the need for on Wiedetstein Road and encouraged the city to work together with the City to also discuss Old Wiederstein. Mayor Carpenter also recognized the following people who spoke regarding other matters: • Ms. Micki Tereletsky, 705 Marilyn, who also was in favor of renaming the ball park. Ms. Tereletsky provided a few comments relating to remarks made from a citizen at last week's meeting. Ms. Terelestsky stated her main topic was in her opinion what happened last week was nothing more than a set up to conduct a character assassination toward a citizen of this City. She believes a particular citizen seems to know what Council is going to do. She guesses the individual has inside information the rest of us do not. She stated there were 06-12 -2018 Minutes Page -3- several ways to handle the nomination vote, but no, it was better to insinuate that the city has a racial problem and that anyone who makes a mistake and apologizes should forever be punished by people who consider themselves seated on a throne of power. She also stated its's sad that a couneilmember harbors so much hate. How can you be happy if you haven't learned to forgive? It's been almost a year and you still hold a grudge. She hopes squatting on your spurs was worth it. Mr. Leon Hernandez, 701 Aviation Ave, Schertz, who spoke and expressed his disappointment with management within the City, directing most of his frustration to those in charge of Sehertz Animal Services, the hiring process of a new`supervism and other current concerns at Animal Services he has heard. Finalty, he stated that his wife and citizens deserve answers. He requests the City Councillook into this department managers decision - making concerning Animal Services and .whether those decisions were legally made and that all protocol was followed. • Ms. Maggie Titterington, The Chamber„ who, spoke 'in favor of the renaming of the ballpark. Ms. Titterington complimented the partnership the City has with the YMCA and how outstanding the facilities are. She also spoloi tt favor of the workshop item regarding the Main Street Improvement project and Local Flavor kicentives. • Mr. Brent Bolter, 2633 Cloverbrook Line, who spoke on Workshop items 2 and 3, (2) Discussion and update regarding Wiedersateni,Road Improvement and agrees and also wants Council to took at Old Wnederitem anai (3) Discussion regarding Social media and use of technology by tic City Council. Mr.;Boher provided his opinion on trying to curtail what can be said oh perginud social media and cautioned council. • Mr. Dana Eldridge, 2628 Gallant Fox Drive, who spoke on the fiasco of the last council meeting and how thiesps weco handled. He feels that Councilmember Kiser was out of line in her coaaments about Mr, Robin'1'hontpson. He believes to him that a violation of some sort -eif code of ethics was bleached. He stated he is disappointed and it was shameful and hels wanting for an apology. Minutes Consideration and/or action regarding the approval of the minutes of the Regular moetitpri of June 5, 2018, Resolution No. 18 -R -66 — Consideration and /or action approving a Resolution authorizing approval of the Hexer Metro 911 Fiscal Year 2019 Budget. (D. Wait) The following was read into record 06-12 -2018 Minutes rage - a - RESOLUTION NO. 18 -R -66 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE BEXAR METRO 911 BUDGET FOR FISCAL YEAR 2019, AND OTHER MATTERS IN CONNECTION THEREWITH Main Street Committee Member Reappointments — Consideration and/or action regarding the reappointments of the Main Street Committee members. (B. Dennis) Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Edwards to approve consent agenda items 1 -3. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one votinkno.Votion Passed. Discussion and Action Items 4. Resolution No. 18 -R -65 — Consideration and /or action approving a Resolution authorizing the renaming of Schertz Ballpark to the Johnie McDow Sports Complex. (B. James /L. Shrum) The following was read into record: RESOLUTION NO. 18 -R -6 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE RENAMING OF SCHERTZ BALLPARK TO THE JOHNIE MCDOW SPORTS COMPLEX. - Mayor Carpenter recognized Parks Director Lauren Shrum who provided a brief PowerPoint presentation with the following information and highlights: • History of BYVA • Who is Johnie McDow en How long he has b involved with BYVA - Growth ofBVYA - Member of the Parks & Recreation Advisory Board since its inception January 2006 - Chair since 2014 - Through 2 major floods at Thulemeyer Park - Worked to garner financial sponsorships for BVYA • Parks Board unanimous recommendation to rename Schertz Ball Park to the Johnie McDow Sports Complex Members of Council expressed their gratitude to Mr. McDow and provided commentary of support for the renaming of the park. 06 -12 -2018 Minutes Page -5- Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve Resolution 18 -R -65. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Resolution No. 18 -R -67 — Consideration and/or action approving a Resolution authorizing an amendment to the Professional Services Agreement with Cobb, Fendley & Associates, Inc., relating to engineering design services for the Woman Hollering Creek Wastewater Main Project and other matters in connection therewith. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER LINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH %. Mayor Carpenter recognized City Engineer Kathy Woodlee`who stated the City of Schertz is in the final stages of design of a project to construct a sanitary sewer system to collect and convey wastewater to the planned Cibolo Creek. Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. The system will consist of a gravity wastewater line from the existing lift station at the Sedona Subdivision at FM 1518 near the Woman Holering Creek, approximately 11,500 feet to new the intersection of Woman Hollering Creek and the IH 10 right -of -way, a new lift station, and approximately 7,800 feet of force main from the lift station to the CCMA plant. The project also includes an additional gravity line approximately 1,500 feet in length along an unnamed tributary of Woman Hollering Creek that will connect to the primary gravity main. This system will provide the initial wastewater flow to the new CCMA plant and is necessary for the plant to begin operation and allow the existing Woman Hollering Lift Station at Sedona to be taken out of service. In September 2015, the City authorized a contract for professional services with Cobb, Fendley & Associates, Inc. (CobbFendley), to provide professional services including engineering, land surveying, geotechnical sampling, environmental investigation, and easement acquisition services related to the design and construction of the Woman Hollering Creek Wastewater Main Project. Additional services were authorized to be added to the contract by City Council on September 5, 2017. Further necessary additional services have been identified. The original scope of the project included a force main of only 6,000 linear feet to the CCMA plant site. The design plan for the plant includes the intake point approximately 06 -12 -2018 Minutes Page -6- 6. 1,800 feet away from the originally planned terminal point of the proposed force main. The addition of footage to the force main requires additional professional services including topographic and environmental surveying and engineering design. Minor revisions of the interceptor line to accommodate property owners along with ownership and property line changes have also necessitated additional work. The City is ready to move forward to finalize the Engineering and Design phase of the project and advertise for construction bids. Advertisement for bids to construct the CCMA South Water Reclamation Plant is currently underway and the'kni submittal deadline is June 28, 2018. In order to coordinate completion of the conveyance system and the plant at the same time, it is imperative that this phase of the project' 'continue as quickly as possible. The cost provided by Cobb, Fendley and Associates Inc,, to perform the known additional services as summarized herein and more descriptively listed in the attached scope of work will cost $125,481.27. City staff and Cobb,; Fendley & Associates Site, personnel are working with property owners to negotiate the acquisition of eascrnebts, needed for construction and operation of fire wastewater system. Because of the uncertainty of the amount of effort needed with each property, staff t,$ also requesting authorization of an additional $50,000 to be used only if necessary for further unexpected expenditures with Cobb, Fendley & Associates Inc.', Resolution 18 -R -67 authorizes approval of the known scope 11 cost addition to the contract and authorizes father additional expenditures should they be needed up to an additional $50,000 for a total authorization afS 175,`41,21. ` The schedule currently anticipates completion of the initial portion of the system by late 2018 and acceptance of the entire project by late 2019. Ms. Woodlee addressed questions from Council. Staffiecommends approval. Mayor Carpenter recognized Cormeilmember Edwards who moved seconded by Cointcilmember Gutierrez t0 approve Resolution 18 -R -67. The vote was unanimous with Mayor Pro -Tem Scagliola,' Cnuncilmembers Davis, Gutierrez, Larson, Edwards, Kisermad Crawford voting for and no one voting no. Motion Passed. Ordinaune No. I8-M -20 — Consideration and /or action approving an Ordinance authorizing ak 0 amending the City Council Rules of Conduct and Procedure as they relate to properly placed items on a future agenda. First Reading (Mayor /Council) The following was read into record: ORDINANCE NO. 18-M -20 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AND AMENDING CITY COUNCIL. RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 06-12 -2018 Minutes Page -7- Mayor Carpenter stated at the City Council meeting of June 5, 2018 members of Council voted to make the following changes to their Rules of Conduct and Procedure: The following sections will be updated: Article 6, 6.1 adding if) Chair Shall Not Entertain Obiections. An agenda item properly placed on a future agenda by a member of Council during open session shall not be subject to objection by another member. Mayor Carpenter asked Council if they had any questions on the change made to the rules and believes that they are clear. Mayor Carpenter recognized Councilmember Crawford whii6moved seconded by Councilmember Edwards to approve Ordinance 18 -M -20 first rea Mayor Carpenter recognized Councilmember Gutierrez who stated are discussing the objection and asked the Mayor if that was correct. In answer, Mayor Carpenter stated on this particular one we took a vote and the prevailing will of Council will clarify that objections to requests by Councilmembers for items to be placed on a future agenda will not be considered by the Chair. It- Councilmember Gutierrez stated that he just wants to caution his colleagues that this has the potential of causing more harm. He does not agree with it and thinks that there is a better compromise that could be worked out, instead of just removing the objection completely. He stated there is no subject crucial enough that it could not wait another week if there is an objection and we cannot discuss it. Then maybe at that point take a vote and with the majority of the Council saying let's move on, we could go ahead and put the item on the agenda. It could become a circus and that is his fear, we don't want it to be a circus. He stated we are here to conduct serious business matters of the city. As no one else spoke, Mayor Carpenter called for the vote. The vote was 5 -2 -0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Edwards, Kiser and Crawford voting for and Councilmembers Gutierrez and Larson voting no. Motion Passed. Ordinance No. 18 -M -21 — Consideration and /or action approving an Ordinance temporarily suspending certain provisions of Chapter 62 of the City of Schertz Code of Ordinances regulating peddlers and solicitors; repealing all Ordinances or Parts of Ordinances in Conflict with this Ordinance; declaring an emergency; and providing an effective date and other matters in connection therewith. First & Final (B. James) The following was read into record ORDINANCE NO. 18 -M -21 06 -12 -2018 Minutes Page -8- AN ORDINANCE TEMPORARILY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 62 OF THE CITY OF SCHERTZ CODE OF ORDINANCES REGULATING PEDDLERS AND SOLICITORS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; DECLARING AN EMERGENCY; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated the Police Department is reviewing the City's Solicitation Ordinance in response to changes in law, changes in legal precedence and in response to both citizen complaints and issues they have encountered while carrying out their daily duties. Currently, the City's Solicitation Ordinance, Chapter 62 of the City of Schertz Code of Ordinances Peddlers and Solicitors, makes it unlawful for any person to engage in peddling or 'ling within the city between the hours of 6:00 p.m. and 10:00 a.m. or at any time on S After conversations with the City Attorney, it is proposed to ten ar'I a portion of the provision relating to hours of solicitation until the complete update be adopted in a few weeks. The attached proposed ordinance for consideration, tom ormly restricts enforcement of this section between the hours of 6:00 p.m. and 30 minutes after sunset Monday through Saturday. Soliciting will still be prohibited on Sundays. Staff recommends Council approve Ordinance No. 18 -M -21 on first and final reading, declaring an emergency and authorizing a temporary suspension of certain provisions of Chapter 62 of the City of Schertz Code of Ordinances relating to restrictions on hours of solicitation. Mr. Wait addressed questions from Council regarding the need for declaring an emergency. Mayor Carpenter recognized Councilmer Edwards who moved seconded by Councilmember Kiser to approve Ordinance I8 -M -21 first and final reading and declaring an emergency. The vote was unanimous with Mayor Pro -Tem Seagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, I{tser and Crawford voting for and no one voting no. Motion Passed. Roll Call Vote Confirmatio City Secretary Brenda Denru' provided the Roll Call Vote Confirmation for agenda items 1 -7. Workshop IF Discussion regarding the Main Street Improvement Project and Local Flavor Incentives. (B. James/K. Kinat der) Mayor Carpenter recognized Acting City Manager Brian James who stated there has been a committee of city council who has been working for some time now to help us determine how we want to spend city funds for Main Street. A couple of resources were some bond money and mad improvement money that was left over. The idea was to also work on 06 -12 -2018 Minutes Page -9- getting some other funding to add to this. While the focus was initially on the physical improvements, it also became a goal to turn Main Street into an area where folks wanted it to be the heart and center of the community, which we don't have presently. Some things the committee has come up with are parking lot improvements, providing some identity signage and sidewalk enhancements. Adequate lighting was also a big concern along with street surface improvements and bump -outs to control speed. Another idea was to add some decorative things at key intersections (ornamental benches, trash cans, etc.) as well as other structures that might add more characte After seeking input from some of the stakeholders in the area, the resulting feedback was that the direction we are headed seems generally positive. Now we have to concentrate on how we will balance the use of the available funds. There was also feedback on the new `Movin on Main' project and maybe tying in other city park events with Main Street. The last area of discussion has to do with furthering our local flavor with incentives. We have a Main Street Improvement Grant which requires a property to be at least 50 years old to meet the historical designation. There are some fee waivers for the Maid Street area and we also have the Main Street mixed use district. Other ideas staff came up with as a result of citizen feedback was a facad4grant, a sign grant, landscaping /site improvements and capital investment grants. The idea here is to make these options available to as many people as possible; they would be categorized as matching grants. Staff recommends we continue to work with the Main Street Committee, pull the consultant back in and get more specific direction on utilizing the funds we have. Eventually, in the future we also would like to tie in to some key areas located on FM 78. Discussion and update regarding Wiederstein Road Improvements. (B. James/K. Woodlee) Mayor Carpenter recognized Acting City Manager Brian James who stated as Council knows, the City of Cibolo has asked us to participate with them in making improvements to Wiederstem Road. The problem becomes road priority in each community. Mr. James recommends making this one it, priority because we have the ability to leverage some of our funds to spend a lower amount of money and get a larger amount of improvement. It should also be more cost effective now as opposed to in the future when FM 1103 has gone under construction. The primary reason, however, is not to pay for a project in Cibolo, but to make an improvement now that is a larger benefit to our own residents. Staff recommetrds the city put up to $1 million towards those improvements. Cibolo estimates those improvements may be up to $4.6 million. Cibolo would be responsible for ensuring the rest of the funds are put up. Cibolo would be in charge of the project. Mr. James explained the options available of getting the funding (most likely, from general funds). It will take a while to collect funding from the Impact Fees. Additionally, we have other roads that are in need of improvements. Lastly, the suggestion is to approach TxDOT to see if they can bring additional funding forward to do the overpass at the same time. This 06 -12 -2018 Minutes Page - 10 - would mean that the cost of Schertz's contribution for the projection would increase by another $500,000. What staff is looking for this evening is for Council to say we are comfortable with the agreement with Cibolo. Cibolo is also requesting renaming that part of Wiederstein Road to Cibolo Valley Drive. He commented that we as a city do work together with Cibolo a lot. Mayor Carpenter stated that this has been talked about for a number of years. Challenges have been resources ($$), impetus, and timing. He looks forward to taking this forward to Cibolo. He feels that having three different roads in our city with the name Wiederstein is a challenge and the public safety aspect of it has changed his thinking. If it adds clarity for our first responders, then it is a good change. He supports this. Mr. James continued and answered questions from council regaz ho would oversee the construction of the road and where would a signal light be insta turnaround lane costs, more development and traffic congestion effects, agreement s revisions, developer costs, and use of money resources. a • Discussion regarding Social media and the use of technology by the City Council. (Item requested by Mayor Pro -Tem ScaViola) Mayor Carpenter recognized Mayor Pro -Tem Scagliola who`$' eed he proposes they establish a focus action group of no more than three councilmembers and a number of residents to explore guidelines for using social media by members of our council; that protects the rights of our members mitigates legal and ethical challenges, is responsive to the needs of our residents and promotes the good of our community. He read some excerpts from the City Council Code of Ethics and said while he does not want to suppress anyone's right to speak or be heard, as elected officials they all have an obligation to hold themselves up to a higher standard for the good of the community. His intention is not to dictate, punish, or mandate compliance standards, but rather to expand our Media Communication Guidelines to address the opportunities and challenges associated with Social Media. He has no hidden agenda. He believes they can draft acceptable guidelines as a team and focus on the tenets of trust, respect, accountability, responsibility and a common goal. Councilmembef r Edwards requested advice from City Attorney Dan Santee in regard to what Mr. Bolter had suggested before —a position paper. He also asked when can they separate themselves from our duties as a councilmemberis that after we have lost our election? Mr. Santee stated that a position paper is still subject to interpretation and he agreed with his second question. Councilmember Gutierrez made the point that President Trump has offended many people many times. Who determines what is offensive, because this subject matter is strictly 06 -12 -2018 Minutes Page - t t - subjective. An objective perspective is one that is not influenced by emotions, opinions, or personal feelings. The only fact we know is that someone posted something and it has the potential of offending anyone. Many elected officials want to embrace social media to better communicate with their constituents. As councilmembers we must abide by the open meetings act. He cannot and will not allow his fellow councilmembers to dictate what he can and cannot post on social media. Who are we to judge? Judgement will be administered at the next election. Councilmember Larson spoke about prior comments on ensuring ostings made are 'open, honest, and transparent. Who determines this? What reflects well ohe city? Council is the only body that can regulate these changes. The recommendation that we follow those based on the school board are even more conceming— `Avoid posting content that indicates you have already formed an opinion on pending matters.' He stated, in this case, he has already violated that a lot. He continued reading several more guidelines and provided his reasons why he enjoys using social media as a m -day communica[iott ol. The proposed example is even more absurd to him. Councilmember Kiser agreed that we should no be judging subjectivel would like to see something on the legal issues with this. She is not saying `regulate anything' because if you wish to post your opinion on something she is fine with that. She feels everyone can be responsible with that. However, to protect themselves, it would be good to know what the legal issues are with using this communication tool. Comeilmember Edwards suggested they be a part of the subcommittee and bring it back to Council for consideration. Councilmember Larson stated they don't need a subcommittee and he agrees with Councilmember Kiser that they should have a briefing on the legal ramifications of using social media, but we already agreed to this two times ago when they discussed this subject in the past. Councilmember Scagliola spoke ag g he thinks there is a gap about what is and what is not appropriate. Guidelines• and recommendations are simply that. As Council, they can determine what is right and wrong. He doesn't know why there is fear with going forward with this although it is a touchy, subject. However, it needs to be addressed. He offered to sit on a committee. When asked by Mayor Carpenter what the problem is, Councilmember Scagliola said he feels our guides are incomplete because they deal with city council media communications guidelines which had to do with basically talking to the media. There are other aspects of it now. Freedom of Speech is not absolute —there are a lot of things you cannot do. 7' Councilmember Davis stated he feels he was clear on his perspective at the last meeting. He doesn't understand the need for a working group. He has said before that some of the actions that you could take on social media have legal ramifications. He does not believe we need to restrict any member's actions on social media in any way but he feels the City should provide some kind of training to staff, council and boards and commission members on potential legal ramifications of what you do. He doesn't see the value of some councilmembers and residents getting together and say `Why don't we do this?' when no one knows the rules. He 06 -12 -2018 Minutes Page -12 - feels sure there is enough case law out there or some other things from TML for us to use to guide us. Mayor Carpenter stated he wished to remind council they had given direction to the city attorney to come back to us with a proposed education format and content around the use of social media, which he thinks included offering an optional education for all members of council and potentially all appointees of the city council on the legal aspects of social media and the legal ramifications of certain actions /activities. He believes it is already built. He feels this is plenty. Although he is not an attorney, even hate speech is protected speech, even stupid speech is protected speech, and even foolish speech is protected speech—as it should be. Any member of council who wishes to go on social media and make a fool of themselves or do something stupid or say something hateful, it is the inherent right of that individual to do so and he guarantees you, the voters will correct anything they find to be untenable or unacceptable to them. This decision belongs to the voters and we work for them. He feels the city attorney's office should come back before this d " l and review the curriculum that they have proposed and make it available to every councl4bg1irer and every appointee of this Council so that be well informed and make good adul cisions as we march forward. Councilmember Scagliola stated he finds that acceptable and has no desire to re- invent the wheel. If we are already moving in that direction, let's move, Councilmember Edwards added that each year they go to the annual TML Conference and each year they have a section on social media. He encouraged councilmembers who have never gone, to avail themselves of that event. y`�T Y Mayor Carpenter. asked City Attorney Da> tutee to arrange, in the next couple of meetings, to come back and present the initial framework that was presented before and after that presentation, begin the process of something formalized for us. Closed Session A Mayor Carpenter asked the Council if there was a need to meet this evening and it was the concurrence of Council they did notrfeed to meet this evening. City Council will meet .. in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties,'discipline, or dismissal of the City Manager. Council did no meet in closed session. Requests and Announcements • Announcements by the Acting City Manager. Mayor Carpenter recognized Acting City Manager Brian James who stated for folks who may view the video later, there are four information updates in the packet which should be 06 -12 -2018 Minutes Page - 13 - online. One is a request to rename Oak Forest Park, the second one is an update on the improvements done to the Wendy Swan Memorial Park Pool. The next one is an overview of the Shred Day event and lastly, a summary of the Fee Schedule changes. Anytime we get citizen comments about something going on at the city that is a concern, stall investigates it. If council ever wants an update on that feel free to contact him and he can walk you through that information. • Requests by Mayor and Councilmembers that items be placed, oil a fhture City Council agenda. Mayor Carpenter recognized Councilmember Crawford who asked Mr. James if it would be worthwhile to give the brief he was just discussing in a closed session when we meet the next time as an update for everybody instead of repedfinag the story 7mc,8. times? Mayor Carpenter recognized CouncitmemESer Larson who stated he is gratgkhl for the information packet provided for the Shred Day but he wailioping it could be `a discussion item like our other events. Second, he would like to discuss "the makeup of the Interview Committee (not the individual members) and tbe,phitosophy of the makeup of that committee and whether or not we should have fewer Councilmembers and more Board members —the structure of the board Mayor Carpenter recognized Councilmember Gutierrez who requested a closed session to discuss the violation of the Code of Ethics regarding'Councilmember Kiser and her comments. Mayor Carpenter stated he was going to follow our procedure under our Ethics Code and discuss the allegations made with the Mayor Pro-Tern and the City Attorney. This is actually the ,proper in'pthod if we look at page 8 under the section titled Procedure for Conducting Inquirtes. Councilmember Gutierrez then withdrew his request. City and community events attended and to be attended City Council Cottnnittee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Mayor Carpenter "recognized Councilmember Gutierrez who attended the Movie in the Park gathering this past Saturday it was a large crowd - -kudos to the Parks and Recreation team for putting this together. Mayor Carpenter recognized Councilmember Crawford who stated he attended the Police Department Officer Swearing in Ceremony this afternoon it was very nicety done. Mayor Carpenter stated he attended the Police Department Ceremony as welt and he was honored to be invited for the first time. He was asked to put the PD pin on the left lapel of 0642 -2018 Minutes Np-14- each of the officers and those that were promoted. He thanked Chief Hansen for inviting him; he enjoyed it a great deal. 9. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Citizen request to rename Oak Forest Park to Coy Simmons Park. (B. James /L. Shrum) • Update on Wendy Swan Memorial Park Pool Cosmetic Renovation. (B. James/L. Shrum) • Update regarding the City of Schertz Shred Day Event. (B. James /S. Gonzalez) • Fee Schedule Wrap Up. (B. James /J. Walters) Adjournment As there was no further business, Mayor Carpenter adjourned the meeting at 9:01 p.m. Michael R. Carpenter, Mayor ATTEST:,, "`` \� Brenda Dennis, City Secretary 06 -12 -2018 Minutes Page - 15 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: Finance Subject: Resolution No. 18 -11-63 — A resolution by the City Council of the City of Scbertz, Texas authorizing EMS debt revenue adjustments, Utility Billing debt revenue adjustments and Schertz Magazine debt revenue adjustments for certain inactive outstanding receivables and other matters in connection therewith BACKGROUND: In the EMS, Utility Billing, and Magazine functions, services are provided to customers up front and billing is settled later. Since services are provided before receiving payment, inevitably the City has customers that do not pay for the services provided. When this occurs, staff reaches out to the customer to try to collect the outstanding payment including follow up notices and phone calls to try and reach out to the customer to remind them of the outstanding balance and encourage payment. However, the longer the customer account goes without a payment the less likely that any payment will be received. Once a customer account reaches 180 days without payment, Staff brings those accounts to the City Council to be "written oft'. This process is an accounting procedure following the Generally Accepted Accounted Principles (GAAP), which lays the framework of accounting practices in the U.S. This designation means it is unlikely those outstanding balances will ever be collected. This leads to an accounting adjustment on the City's Financial Statements to accurately show how much is still outstanding and is reasonable to expect collection. If a customer's account has been written off, this does not erase or forgive that debt. The city can and does collect some portion of the amount owed by those customers. This can be through the debt collection agency used by EMS or if the customer returns to the City and requests new services through the Magazine or Utility Billing. The resolution authorizes the debt for these areas that is more than 180 days outstanding as of December 01, 2017 to be written off. These write offs come before council quarterly and last came before council on March 27th, 2018. City Council Memorandum Page 2 Previous Write off Amount: February 2017: $621,138.97 June 2017: $544,944.16 September $510,516.01 2017: January 2018: $510,637.79 March 2018: $433,427.15 FISCAL IMPACT This accounting adjustment will not affect the City's Budget or financial standing. The amount written off is estimated during the budget process and is accounted for in the revenue estimations and the bad debt expense accounts. The action taken tonight will reduce the amount shown as owed to the City by $439,627.14 and set it equal to the amount seen as still reasonably collectible. The breakdown is as follows: EMS - $425,129.74 Utility Billing - $14,497.40 Magazine - $0.00 There are no write offs for the magazine at this time. Staff recommends Council approve Resolution No. 18 -R -63 ATTACHMENTS Resolution No. 18 -R -63 RESOLUTION NO. 18 -R -63 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days nonpayment will be sent to City Council for consideration for write offs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the write off in the amount and distribution of accounts below: Function Amount EMS $425,129.74 Utility Billing $14,497.40 Magazine $0.00 Total $439,627.14 Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals me hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding 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 Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of June 2018. CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY COUNCIL City Council Meeting: June 26, 2018 Department: Police Subject: BACKGROUND Agenda No. 3 Resolution 18 -R -68 - Consideration and action authorizing a Mutual Aid Agreement with the Cities of Cibolo, Live Oak, New Braunfels, Schertz and Selma. Although there are existing mutual aid agreements between the listed cities, none specifically addresses potential law enforcement actions. Often, such assistance occurs quickly without the need for elaborate plans and conversations. But, in those instances when substantial resources are being used and/or potential assets are being seized, there is a need for such an agreement to address the logistics involved. This can become specifically important when ad hoc task forces we created for specific purposes. At the request of New Braunfels, and strictly for geographic reasons it is specific to the listed cities that are either in close proximity to the City of New Braunfels or have IH -35 frontage. Due to the geographic shape of our City, an agreement with every City we border or that is in close proximity would include at least two communities (Universal City and Converse) that New Braunfels does not feel would ever be utilized in a mutual aid situation. For this reason, this is one of two separate agreements to enter into. Goal To enter into an interlocal agreement that will regulate and address the sharing of resources and costs and allow for the disposition of seized property and/or contraband and any proceeds therefrom. Community Benefit The Community benefits from have available resources from surrounding jurisdictions that may be called upon in times of emergency or planned purposes. Property and/or contraband and any proceeds therefrom may be utilized in certain strictly regulated situations to purchase law enforcement related equipment and training. This equipment and training is then achieved without the use of general fund revenues. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Mayor to enter into this agreement with the Cities of New Braunfels, Garden Ridge, Cibolo, Selma and Live Oak. FISCAL IMPACT There is no fiscal impact associated with this agreement. Each jurisdiction would be responsible for their own resources. ATTACHMENT Resolution No. 18 -R -68 Interlocal Agreement between Schertz and the Cities of New Braunfels, Garden Ridge, Cibolo, Selma and Live Oak. RESOLUTION NO. 18 -R-68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MUTUAL AID AGREEMENT WITH THE CITIES OF CIBOLO, LIVE OAK, NEW BRAUNFELS, SCHERTZ AND SELMA, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Parties recognize the vulnerability of the people and communities located in the cities of Cibolo, Live Oak, New Braunfels, Schertz and Selma to damage, injury, and loss of life and property resulting from criminal activity and enforcement of laws that may present equipment and manpower requirements beyond the capacity of each individual Party; and WHEREAS, the Parties must confront the threats to public health and safety posed by possible criminal activity capable of causing severe damage to property and danger to life; and WHEREAS, the Parties to this Agreement recognize that Mutual Aid is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of such criminal activity and enforcement of laws; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the investigation of criminal activity and enforcement of laws; and WHEREAS, the Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with criminal investigations and enforcement of laws and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Agreements); and Chapter 362 (Law Enforcement Mutual Aid), Local Government Code; and WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of effort, would provide that adequate equipment, facilities and manpower is available, and would help ensure that Mutual Aid is accomplished on an as requested basis and thus desire to enter into an agreement to provide Mutual Aid; and WHEREAS, it is expressly understood that any Mutual Aid extended under this Agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the Chapter 362, Local Government Code, and other applicable provisions of law. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Mayor to execute the Agreement with the Cities of Cibolo, Live Oak, New Braunfels, Schertz and Selma in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals we 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 day of , 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A MUTUAL AID AGREEMENT 50234811.1 A -I INTERJURISDICTIONAL MUTUAL AID LAW ENFORCEMENT AGREEMENT STATE OF TEXAS COUNTIES OF BEXAR, COMAL, AND GUADALUPE This MUTUAL AID LAW ENFORCEMENT AGREEMENT ( "Agreement ") dated as of 2018 (the "Effective Date ") is among CITY OF CIBOLO, TEXAS ( "Cibolo "), CITY OF LIVE OAK, TEXAS ( "Live Oak"), CITY OF NEW BRAUNFELS, TEXAS ( "New Braunfels "), CITY OF SCIIERTz, TEXAS C'Schertz'°), AND CITY OF SELMA, TEXAS ( "Selma" and with Ctbolo, Live Oak, New Braunfels, and Schertz, collectively, the "Parties "), all of which are political subdivisions located wholly or partially within the State of Texas. RECITALS WHEREAS, the Parties recognize the vulnerability of the people and communities located in the cities of Cibolo, Live Oak, New Braunfels, Schertz, and Selma to damage, injury, and loss of life and property resulting from criminal activity and enforcement of laws that may present equipment and manpower requirements beyond the capacity of each individual Party; and WHEREAS, the Parties must confront the threats to public health and safety posed by possible criminal activity capable of causing severe damage to property and danger to life; and WHEREAS, the Parties to this Agreement recognize that Mutual Aid is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of such criminal activity and enforcement of laws; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the investigation of criminal activity and enforcement of laws; and WHEREAS, the Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with criminal investigations and enforcement of laws and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act); and Chapter 362, Local Government Code; and WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of effort, would provide that adequate equipment, facilities and manpower is available, and would help ensure that Mutual Aid is accomplished on an as requested basis and thus desire to enter into an agreement to provide Mutual Aid; and WHEREAS, it is expressly understood that any Mutual Aid extended under this Agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the Chapter 362, Local Government Code, and other applicable provisions of law. NOW, THEREFORE, the Parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct. 2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the following meanings: A. AGREEMENT - this Interjurisdictional Mutual Aid Law Enforcement Agreement, duly executed. B. ADMINISTRATIVE AGENCY — the entity designated by the Parties to be responsible for maintaining and distributing Point of Contact information and for maintaining the original signature pages of the Parties to this Agreement C. ASSISTING PARTY - the Party furnishing equipment, supplies, facilities, services and/or manpower to the Requesting Party. D. MUTUAL AID - includes, but is not limited to, such resources as facilities, equipment, services, supplies, and personnel. E. THE PLAN — Interjurisdictional Mutual Aid Law Enforcement Plan or any plan that supersedes it. F. POINT OF CONTACT — the individual or office authorized by the governing body of each Party to request or respond to a request for Mutual Aid on behalf of the Party. G. REOUESTING PARTY - the Party requesting aid in the event of a criminal investigation or enforcement of law enforcement. 3. ADMINISTRATIVE AGENCY. The Parties hereby designate the [Schertz] Police Department to be the Administrative Agency under this Agreement. The [Schertz] Police Department is responsible for maintaining and distributing current Point of Contact information to all Parties. The [Schertz] Police Department is also responsible for 2 maintaining the original signature pages of the Parties to this Agreement and any Amendments. 4. POINT OF CONTACT DESIGNATION. Each party shall provide the Administrative Agency with a written protocol by which it's designated Points of Contact may be contacted twenty-four hours a day, seven days a week. This protocol will designate, by name or position, the person or persons authorized to request or respond to a request for Mutual Aid on behalf of a Party under terns of this Agreement and will include at least two alternate means of contacting the Party's Point(s) of Contact. The Point of Contact for each agency will be a full time employee of that agency working at forty (40) hours a week. Each Party must notify the Administrative Agency of any change in its Point of Contact protocol as soon as practicable by submitting it in writing to: Schertz Police Department 1400 Schertz Parkway, Building 6 Schertz, Texas 78154 5. IMPLEMENTATION OF AGREEMENT. A Point of Contact for his/her respective jurisdiction shall take all steps necessary for the implementation of this Agreement. 6. INITIATION OF REQUEST. A request under this Agreement may be made by a Requesting Party for the investigation of crime and/or suppression of crime. PROCEDURES FOR REQUESTS AND PROVISION OF MUTUAL AID. A Requesting Party may request Mutual Aid assistance by: (1) submitting a written request for assistance to a Point of Contact of an Assisting Party, (2) orally communicating a request for Mutual Aid assistance to a Point of Contact of an Assisting Party, which shall be followed by a written request, or (3) by submitting a request in accordance with the Plan. The written request shall reference that the request is made pursuant to this Agreement. All requests for Mutual Aid must be transmitted by a Point of Contact of the Requesting Party to a Point of Contact of the Assisting Party or in accordance with the terms of the Plan. A. REQUESTS DIRECTLY TO ASSISTING PARTY. The Requesting Party's Point of Contact may directly contact a Point of Contact of the Assisting Party and provide the necessary information as prescribed in Section 7.B. B. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance shall be accompanied by the following information, to the extent known: 1) a general description of the investigation and/or suppression of crime; 2) identification of the function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, planning and information assistance, resource support, etc.), and the particular type of assistance needed; 3) the amount and type of personnel, equipment, materials, supplies, and/or facilities needed and a reasonable estimate of the length of time that each will be needed; 4) the location or locations to which the resources are to be dispatched and the specific time by which the resources are needed; and 5) the name and contact information of a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party at each location to which resources are dispatched. This information may be provided on a form designed for this purpose or by any other available means. C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE. When contacted by a Requesting Party, a Point of Contact of the Party from which aid is requested agrees to assess local resources to determine availability of personnel, equipment and other assistance based on current or anticipated needs. All Parties shall render assistance to the extent personnel, equipment and resources are deemed available. No Party shall be required to provide Mutual Aid unless it determines in its sole discretion that it has sufficient resources to do so based on current or anticipated events within its own jurisdiction. D. INFORMATION REQUIRED OF THE ASSISTING PARTY. A Point of Contact, who determines that the Assisting Party has available personnel, equipment, or other resources, shall so notify the Requesting Party and provide the following information, to the extent known: 1) a complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Party; 2) the estimated length of time that the personnel, equipment, and other resources will be available; 3) the name of the person or persons to be designated as supervisory personnel; and 4) the estimated time of arrival for the assistance to be provided to arrive at the designated location. This information may be provided on a form designed for this purpose or by any other available means. E. SUPERVISION AND CONTROL. When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, the response effort to which shall be organized and functioning in accordance with the guidelines outlined by the Requesting Party. Direct supervision and control of personnel, equipment and resources and personnel accountability shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall (i) maintain daily personnel time records, material records, and a log of equipment hours; (ii) be responsible for the operation and maintenance of the equipment and other resources famished by the Assisting Party; and (iii) report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. F. POWERS OF ASSISTING PARTY PEACE OFFICERS. While any enforcement officer that is regularly employed by the Assisting Party is in the service of the Requesting Party pursuant to this Agreement, he shall be a peace officer of such Requesting Party and be under the command of the law enforcement officer who is in charge in the Requesting Party's jurisdiction with all powers of a regular law enforcement officer within that jurisdiction. No additional bond or compensation is required. G. JURISDICTION OF ARRESTS OF PEACE OFFICERS. A law enforcement officer employed by an Assisting Party may make arrests outside the jurisdiction in which he is employed, but within the area covered by the Agreement; provided, however, that the law enforcement agency within the Requesting Party jurisdiction shall be notified of such arrest without delay. The Assisting Party must provide the notification in the same manner as if a member of the Requesting Party's law enforcement agency made such arrest. H. INVESTIGATIVE POWERS AND AUTHORITY OF ASSISTING PARTY. Peace officers operating under the control of the Requesting Party shall have such investigative or other law enforcement authority in the jurisdictional area encompassed by the request under this Agreement as is reasonable and proper to accomplish the purpose for which the request for Mutual Aid was made. I. COMMUNICATIONS. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to famish their own communications equipment sufficient only to maintain communications among their respective operating units, if such is practicable. J. OFFICE SPACE AND EQUIPMENT PROVISIONS. Equipment and facilities that are made available for use by an Assisting Party shall continue to be used and operated by properly trained personnel of the Assisting Party or other property trained personnel of the Requesting Party that are specifically authorized by the Chief Law Enforcement Officer of the Assisting Party. K. REPORTS AND EVIDENCE. All reports and evidence shall be the responsibility of the employing agency. Supplemental reports, information, and evidence may be submitted to any agency to benefit an investigation or prosecution. L. APPLICABLE LAW. All parties shall observe and comply with all Federal, State, County, and City laws, rules, ordinances, policies and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this Agreement. M. CONFIDENTIALITY. The parties recognize that the subject of this Agreement involves the investigation of criminal activity, and, therefore, they agree that this Agreement shall remain confidential to the extent necessary to prevent the compromise of any lawful investigative activities. N. TERM OF DEPLOYMENT. The initial duration of a request for assistance will be specified by the Requesting Party, to the extent possible by the situation. O. SUMMARY REPORT. Within ten (10) working days of the return of all personnel deployed under this Agreement, the Requesting Party will prepare a summary report of the event, and provide copies to each Assisting Party. The report shall, at a minimum, include a chronology of events and description of personnel, equipment and materials provided by one Party to the other. S. COSTS. Each Party to this Agreement shall be responsible for all salaries, benefits, costs and expenses due and attributable to that Party's own personnel, equipment and facilities that are assigned and made available to a Requesting Party hereunder. 9. DISPOSITION OF FORFEITED PROPERTY. A. EXISTING INTERLOCAL AGREEMENTS UNDER CHAPTER 59 OF THE TEXAS CODE OF CRIMINAL PROCEDURE CONTROL. Each Party agrees that any Interlocal Agreement that Parry has entered into with Bexar County, Comal County, and/or Guadalupe County for the disposition of forfeited contraband pursuant to Chapter 59 of the Texas Code of Criminal Procedure (a "Chapter 59 Interlocal Agreement ") shall govern the initial disposition of such proceeds. B. ADDITIONAL DISPOSITION OF FUNDS. Once a Party receives its portion of proceeds from forfeited contraband pursuant to a Chapter 59 Interlocal Agreement with any of Bexar County, Comal County, and/or Guadalupe County, such Party agrees to distribute the remaining proceeds of such funds (the "Remaining Funds ") to the Parties in consideration for the services provided in connection with this Agreement as described in this Section. C. DISPOSITION BASED ON PARTICIPATION. The Parties agree to distribute the Remaining Funds for an operation coordinated under this Agreement in equal shares to each Party if such Party participated in the operation. Participation in an operation occurs if at least [one (1)) officer of such Parry is assigned to and actively participates in the specific operation at the time the forfeiture was made. D. REMAINING FUNDS TO BE DISTRIBUTED WITHIN 30 DAYS. The Remaining Funds shall be distributed to the Parties that participated in an operation as described in Section 9.C. within [thirty (30)] days after a Party to this Agreement receives such Remaining Funds pursuant to a Chapter 59 Interlocal Agreement with any of Bexar County, Comat County, and /or Guadalupe County. E. REMAINING FUNDS FOR OPERATIONS NOT COORDINATED UNDER THIS AGREEMENT. Each respective Party to this Agreement is entitled to keep all of the Remaining Funds obtained through a Chapter 59 Interlocal Agreement with any of Bexar County, Coma[ County, and /or Guadalupe County for an operation that was not coordinated under this Agreement. 10. NOT A CREATION OF LIABILITY. It is expressly agreed and understood between parties that nothing in this agreement shall establish any new or different liability against any party hereto. Each participating agency or unit of local government shall remain solely liable for the acts and omissions of its employees, agents, and servants. 11. INSURANCE. A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. PERMISSIVE USE: each Party is responsible for damage to and by their own vehicles driven by any participating member of this Agreement during and for the purpose of a mutual aid task. C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: Each Party agrees to obtain or continue its general liability, public official's liability and taw enforcement liability insurance, if applicable, or maintain a comparable self- insurance program. D. OTHER COVERAGE: The Assisting Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. 12. WAIVER OF CLAIMS AGAINST PARTIES; IMMUNITY RETAINED. Pursuant to Section 421.062, Liability Under Interlocal Contract, and Section 791.006, Liability in Fire Protection Contract or Provision of Law Enforcement Services, Texas Government Code, the Party furnishing services under this Agreement is not responsible for any civil liability that arises from the furnishing of those services. No Party waives or relinquishes any immunity m defense on behalf of itself, its governing body, officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. 13. TERM. This Agreement shall become effective as to each Party on the date signed and shall continue in force and remain binding on each and every Party indefinitely. Any party has the right to terminate this Agreement upon thirty (30) days' written notice to all other parties pursuant to Section 20. 14. ENTIRETY. This Agreement contains all commitments and agreements of the Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with criminal investigations and /or enforcement of laws. No other oral or written commitments of the Parties with respect to Mutual Aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 1.7. 15. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the rendering and /or receiving of Mutual Aid taken prior to the date of this Agreement. 16. INTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as that term is defined herein and in the Interlocal Cooperation Act, Texas Government Code Chapter 791. 17. SEVERABILITY. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 18. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 19. AMENDMENT. This Agreement may be amended only by the mutual written consent of the Parties. Any and all amendments shall be stored with the original agreement. Additional parties to this Agreement may be added through an amendment to this Agreement. 20. TERMINATION. Any Party may at any time by resolution or notice given to the Administrative Agency decline to participate in the provision of Mutual. Aid. The governing body of a Party that is a signatory hereto shall, by resolution, give notice of termination of N. participation in this Agreement and submit a certified copy of such resolution to the Administrative Agency. Such termination shall become effective not earlier than 30 days after the filing of such notice. The addition of or termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. 21. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. 22. NOTICE. Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Point of Contact, and shall be delivered in person, or mailed certified mail, return receipt requested, or may be transmitted by facsimile transmission as follows: City of Cibolo 200 South Main Street Cibolo, Texas 78108 Attention: City of Live Oak City of Live Oak 8001 Shin Oak Drive Live Oak, Texas 78233 Attention: City of New Braunfels New Braunfels, Texas 78130 Attention: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: Michael Hansen, Chief of Police City of Selma Selma, Texas 78154 Attention: 23. WARRANTY. The Agreement has been officially authorized by the governing or controlling body or agency of each Party hereto by order, ordinance or resolution and each 6 signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 24. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this Agreement. 25. HEADINGS. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. ** *THE REST OF THIS PAGE IS INTENTIONALLY BLANK * ** 10 This MUTUAL AID LAW ENFORCEMENT AGREEMENT executed by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the Effective Date. CITY OF CIBOLO, TEXAS By: , MAYOR ATTEST: City Secretary, City of Cibolo, Texas CITY OF NEW BRAUNFELS, TEXAS By: , MAYOR ATTEST: City Secretary, City of New Braunfels, Texas CITY OF SELMA, TEXAS By: , MAYOR ATTEST: City Secretary, City of Selma, Texas S -1. CITY OF LIVE OAK, TEXAS By: , MAYOR ATTEST: City Secretary, City of Live Oak, Texas CITY OF SCHERTZ, TEXAS By: Michael Carpenter, MAYOR ATTEST: City Secretary, City of Schertz, Texas Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: Police Subject: Resolution 18 -R -69 - Consideration and approval by the City Council of the City of Schertz, Texas authorizing a Mutual Aid Agreement between the City of Schertz and the Cities of Garden Ridge, Cibolo, Selina, Live Oak, Universal City and Converse. BACKGROUND Although there are existing mutual aid agreements between the listed cities, none specifically addresses potential law enforcement actions. Often, such assistance occurs quickly without the need for elaborate plans and conversations. But, in those instances when substantial resources are being used and /or potential assets are being seized, there is a need for such air agreement to address the logistics involved. This can become specifically important when ad hoc task forces are created for specific purposes. This agreement includes the cities contingent to Sebertz. This version of the mutual aid agreement does not include New Braunfels for geographic reasons. They believed Converse and most of Universal City was too distant for any aid they could provide and instead desired to enter into a separate agreement with the metrocom cities with IH -35 frontage or closer proximity. Goal To enter into an intertoeal agreement that will regulate and address the sharing of resources and costs and allow for the disposition of seized property and/or contraband and any proceeds therefrom. Community Benefit The Community benefits from have available resources from surrounding jurisdictions that may be called upon in times of emergency or planned purposes. Property and /or contraband and any proceeds therefrom may be utilized in certain strictly regulated situations to purchase law enforcement related equipment and training. This equipment and training is then achieved without the use of general fund revenues. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Mayor to enter into this agreement with the Cities of Garden Ridge, Cibolo, Selina, Live Oak, Universal City and Converse. FISCAL IMPACT There is no fiscal impact associated with this agreement. Each jurisdiction would be responsible for their own resources. ATTACHMENT Resolution No. 18 -R -69 httertocat Agreement between Schertz and the Cities of Garden Ridge, Cibolo, Selma, Live Oak, Universal City and Converse. RESOLUTION NO. 18 -R -69 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MUTUAL AID AGREEMENT WITH THE CITIES OF CIBOLO, CONVERSE, GARDEN RIDGE, LIVE OAK, SCHERTZ, SELMA AND UNIVERSAL CITY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Parties recognize the vulnerability of the people and communities located in the cities of Cibolo, Converse, Garden Ridge, Live Oak, Schertz, Selma and Universal City to damage, injury, and loss of life and property resulting from criminal activity and enforcement of laws that may present equipment and manpower requirements beyond the capacity of each individual Party; and WHEREAS, the Parties must confront the threats to public health and safety posed by possible criminal activity capable of causing severe damage to property and danger to life; and WHEREAS, the Parties to this Agreement recognize that Mutual Aid is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of such criminal activity and enforcement of taws; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutum Aid for the protection of life and property in the investigation of criminal activity and enforcement of laws; and WHEREAS, the Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with criminal investigations and enforcement of laws and are so authorized and make this Agreement pursuant to Chapter 79 t, Texas Government Code (Interlocal Cooperation Act); and Chapter 362, Local Government Code, and WHEREAS, the Parties recognize that a format agreement for Mutual Aid would allow for better coordination of effort, would provide that adequate equipment, facilities and manpower is available, and would help ensure that Mutual Aid is accomplished on an as requested basis and thus desire to enter into an agreement to provide Mutual Aid; and WHEREAS, it is expressly understood that any Mutual Aid extended under this Agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the Chapter 362, Local Government Code, and other applicable provisions of law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section I. The City Council hereby authorizes the Mayor to execute the Agreement with the Cities of Cibolo, Converse, Garden Ridge, Live Oak, New Braunfels, Sebertz, Selma and Universal City in substantially the forms set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and ef3ect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this ________ day of .................... 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 502348I L I EXHIBIT A MUTUAL AID AGREEMENT 50234811.1 A-] INTERJURISDICTIONAL MUTUAL, AID LAW ENFORCEMENT AGREEMENT STATE OF TEXAS COUNTIES OF BEXAR, COMAL, AND GUADALUPE This MUTUAL AID LAw ENFORCEMENT AGREEMENT ( "Agreement") dated as of , 2018 (the "Effective Date ") is among CITY OF CIBOLO, TEXAS ( "Cibolo "), CITY OF CONVERSE ( "Converse "), CITY OF GARDEN RIDGE ( "Garden Ridge "), CITY OF LIVE OAR, TEXAS ( "Live Oak "), CITY OF SCDERTz, TEXAS ( "Schertz "), CITY OF SELMA, TEXAS ( "Selma "), CITY OF UNIVERSAL CITY ( "Universal City" and with Ciboto, Converse, Garden Ridge, Live Oak, Schertz and Selma collectively, the "Parties "), all of which are political subdivisions located wholly or partially within the State of Texas. RECITALS WHEREAS, the Parties recognize the vulnerability of the people and communities located in the cities of Cibolo, Converse, Garden Ridge, Live Oak, Schertz, Selma and Universal City to damage, injury, and toss of Life and property resulting from criminal activity and enforcement of laws that may present equipment and manpower requirements beyond the capacity of each individual Parry; and WHEREAS, the Parties must confront the threats to public health and safety posed by possible criminal activity capable of causing severe damage to property and danger to life; and WHEREAS, the Parties to this Agreement recognize that Mutual Aid is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event ofsuch criminal activity and enforcement of laws; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the investigation of criminal activity and enforcement of laws; and WHEREAS, the Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with criminal investigations and enforcement of laws and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act); and Chapter 362, Local Government Code; and WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of effort, would provide that adequate equipment, facilities and manpower is available, and would help ensure that Mutual Aid is accomplished on an as requested basis and thus desire to enter into an agreement to provide Mutual Aid; and WHEREAS, it is expressly understood that any Mutual Aid extended under this Agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the Chapter 362, Local Government Code, and other applicable provisions of law. NOW, THEREFORE, the Parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct. 2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the following meanings: A. AGREEMENT - this hnterjurisdictional Mutual Aid Law Enforcement Agreement, duly executed. B. ADMINISTRATIVE AGENCY —the entity designated by the Parties to be responsible for maintaining and distributing Point of Contact information and for maintaining the original signature pages of the Parties to this Agreement. C. ASSISTING PARTY - the Party furnishing equipment, supplies, facilities, services and/or manpower to the Requesting Party. D. MUTUAL AID - includes, but is not limited to, such resources as facilities, equipment, services, supplies, and personnel. E. THE PLAN — Interjurisdictional Mutual Aid Law Enforcement Plan or any plan that supersedes it. F. POINT OF CONTACT —the individual or office authorized by the governing body of each Party to request or respond to a request for Mutual Aid on behalf of the Party. G. REQUESTING PARTY - the Party requesting aid in the event of a criminal investigation or enforcement of taw enforcement. 3. ADMINISTRATIVE AGENCY. The Parties hereby designate the [Schertz] Police Department to be the Administrative Agency under this Agreement. The [Schertz] Police Department is responsible for maintaining and distributing current Point of Contact information to all Parties. The[ Schertz] Police Department is also responsible for maintaining the original signature pages of the Parties to this Agreement and any Amendments. 4. POINT OF CONTACT DESIGNATION. Each party shall provide the Administrative Agency with a written protocol by which it's designated Points of Contact may be contacted twenty-four hours a day, seven days a week. This protocol will designate, by name or position, the person or persons authorized to request or respond to a request for Mutual Aid on behalf of a Party under terms of this Agreement and will include at least two alternate means of contacting the Party's Point(s) of Contact. The Point of Contact for each agency will be a full time employee of that agency working at forty (40) hours a week. Each Party must notify the Administrative Agency of any change in its Point of Contact protocol as soon as practicable by submitting it in writing to: Schertz Police Department 1400 Schertz Parkway, Building 6 Schertz, Texas 78154 5. IMPLEMENTATION OF AGREEMENT. A Point of Contact for his/her respective jurisdiction shall take all steps necessary for the implementation of this Agreement. 6. INITIATION OF REQUEST. A request under this Agreement may be made by a Requesting Party for the investigation of crime and/or suppression of crime. 7. PROCEDURES FOR REQUESTS AND PROVISION OF MUTUAL. AID. A Requesting Party may request Mutual Aid assistance by: (1) submitting a written request for assistance to a Point of Contact of an Assisting Party, (2) orally communicating a request for Mutual Aid assistance to a Point of Contact of an Assisting Party, which shall be followed by a written request, or (3) by submitting a request in accordance with the Plan. The written request shall reference that the request is made pursuant to this Agreement. All requests for Mutual Aid must be transmitted by a Point of Contact of the Requesting Party to a Point of Contact of the Assisting Party or in accordance with the terms of the Plan. A. REQUESTS DIRECTLY TO ASSISTING PARTY. The Requesting Party's Point of Contact may directly contact a Point of Contact of the Assisting Party and provide the necessary information as prescribed in Section 7.B. B. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance shall be accompanied by the following information, to the extent known: 1) a general description of the investigation and/or suppression of crime; 2) identification of the function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, planning and information assistance, resource support, etc.), and the particular type of assistance needed; 3) the amount and type of personnel, equipment, materials, supplies, and /or facilities needed and a reasonable estimate of the length of time that each will be needed; 4) the location or locations to which the resources are to be dispatched and the specific time by which the resources are needed; and 5) the name and contact information of a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party at each location to which resources are dispatched. This information may be provided on a form designed for this purpose or by any other available means. C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE. When contacted by a Requesting Party, a Point of Contact of the Party from which aid is requested agrees to assess local resources to determine availability of personnel, equipment and other assistance based on current or anticipated needs. All Parties shall render assistance to the extent personnel, equipment and resources we deemed available. No Party shall be required to provide Mutual Aid unless it determines in its sole discretion that it has sufficient resources to do so based on current or anticipated events within its own jurisdiction. D. INFORMATION REQUIRED OF THE ASSISTING PARTY. A Point of Contact, who determines that the Assisting Party has available personnel, equipment, or other resources, shall so notify the Requesting Party and provide the following information, to the extent known: 1) a complete description of the personnel and their expertise and capabilities, equipment, and other resources to be famished to the Requesting Party; 2) the estimated length of time that the personnel, equipment, and other resources will be available; 3) the name of the person or persons to be designated as supervisory personnel; and 4) the estimated time of arrival for the assistance to be provided to arrive at the designated location. This information may be provided on a form designed for this purpose or by any other available means. E. SUPERVISION AND CONTROL. When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, the response effort to which shall be organized and functioning in accordance with the guidelines outlined by the Requesting Party. Direct supervision and control of personnel, equipment and resources and personnel accountability shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall (i) maintain daily personnel time records, material records, and a log of equipment hours; (ii) be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and (iii) report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. F. POWERS OF ASSISTING PARTY PEACE OFFICERS. While any enforcement officer that is regularly employed by the Assisting Party is in the service of the Requesting Party pursuant to this Agreement, he shall be a peace officer of such Requesting Party and be under the command of the law enforcement officer who is in charge in the Requesting Party's jurisdiction with all powers of a regular law enforcement officer within that jurisdiction. No additional bond or compensation is required. G. JURISDICTION OF ARRESTS OF PEACE OFFICERS. A law enforcement officer employed by an Assisting Party may make arrests outside the jurisdiction in which he is employed, but within the area covered by the Agreement; provided, however, that the law enforcement agency within the Requesting Party jurisdiction shall be notified of such arrest without delay. The Assisting Party must provide the notification in the same manner as if a member of the Requesting Party's law enforcement agency made such arrest. H. INVESTIGATIVE POWERS AND AUTHORITY OF ASSISTING PARTY. Peace officers operating under the control of the Requesting Party shall have such investigative or other law enforcement authority in the jurisdictional area encompassed by the request under this Agreement as is reasonable and proper to accomplish the purpose for which the request for Mutual Aid was made. I. COMMUNICATIONS. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to famish their own communications equipment sufficient only to maintain communications among their respective operating units, if such is practicable. J. OFFICE SPACE AND EQUIPMENT PROVISIONS. Equipment and facilities that are made available for use by an Assisting Party shall continue to be used and operated by properly trained personnel of the Assisting Party or other property trained personnel of the Requesting Party that are specifically authorized by the Chief Law Enforcement Officer of the Assisting Party. K. REPORTS AND EVIDENCE. All reports and evidence shall be the responsibility of the employing agency. Supplemental reports, information, and evidence may be submitted to any agency to benefit an investigation or prosecution. L. APPLICABLE LAW. All parties shall observe and comply with all Federal, State, County, and City laws, rules, ordinances, policies and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this Agreement. M. CONFIDENTIALITY. The parties recognize that the subject of this Agreement involves the investigation of criminal activity, and, therefore, they agree that this Agreement shall remain confidential to the extent necessary to prevent the compromise of any lawful investigative activities. N. TERM OF DEPLOYMENT. The initial duration of a request for assistance will be specified by the Requesting Party, to the extent possible by the situation. O. SUMMARY REPORT. Within ten (10) working days of the return of all personnel deployed under this Agreement, the Requesting Party will prepare a summary report of the event, and provide copies to each Assisting Party. The report shall, at a minimum, include a chronology of events and description of personnel, equipment and materials provided by one Parry to the other. 8. COSTS. Each Party to this Agreement shall be responsible for all salaries, benefits, costs and expenses due and attributable to that Party's own personnel, equipment and facilities that are assigned and made available to a Requesting Party hereunder. 9. A. EXISTING INTERLOCAL AGREEMENTS UNDER CHAPTER 59 OF THE TEXAS CODE OF CRIMINAL PROCEDURE CONTROL. Each Party agrees that any Interlocal Agreement that Party has entered into with Bexar County, Comal County, and/or Guadalupe County for the disposition of forfeited contraband pursuant to Chapter 59 of the Texas Code of Criminal Procedure (a "Chapter 59 Interlocal Agreement ") shall govern the initial disposition of such proceeds. B. ADDITIONAL DISPOSITION OF FUNDS. Once a Party receives its portion of proceeds from forfeited contraband pursuant to a Chapter 59 Interlocal Agreement with any of Bexar County, Corral County, and/or Guadalupe County, such Party agrees to distribute the remaining proceeds of such funds (the "Remaining Funds ") to the Parties in consideration for the services provided in connection with this Agreement as described in this Section. C. DISPOSITION BASED ON PARTICIPATION. The Parties agree to distribute the Remaining Funds for an operation coordinated under this Agreement in equal shares to each Party if such Party participated in the operation. Participation in an operation occurs if at least [one (1)] officer of such Party is assigned to and actively participates in the specific operation at the time the forfeiture was made. D. REMAINING FUNDS TO BE DISTRIBUTED WITHIN 30 DAYS. The Remaining Funds shall be distributed to the Parries that participated in an operation as described in Section 9.C. within [thirty (30)] days after a Party to this Agreement receives such Remaining Funds pursuant to a Chapter 59 Interlocal Agreement with any of Bexar County, Corral County, and/or Guadalupe County. E. REMAINING FUNDS FOR OPERATIONS NOT COORDINATED UNDER THIS AGREEMENT. Each respective Party to this Agreement is entitled to keep all of the Remaining Funds obtained through a Chapter 59 Interlocal Agreement with any of Bexar County, Comal County, and/or Guadalupe County for an operation that was not coordinated under this Agreement. 10. NOT A CREATION OF LIABILITY. It is expressly agreed and understood between parties that nothing in this agreement shall establish any new or different liability against any party hereto. Each participating agency or unit of local government shall remain solely liable for the acts and omissions of its employees, agents, and servants. 11. INSURANCE. A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. C. PERMISSIVE USE: each Party is responsible for damage to and by their own vehicles driven by any participating member of this Agreement during and for the purpose of a mutual aid task. D. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: Each Party agrees to obtain or continue its general liability, public official's liability and law enforcement liability insurance, if applicable, or maintain a comparable self - insurance program. E. OTHER COVERAGE: The Assisting Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. 12. WAIVER OF CLAIMS AGAINST PARTIES: IMMUNITY RETAINED. Pursuant to Section 421.062, Liability Under Interlocal Contract, and Section 791.006, Liability in Fire Protection Contract or Provision of Law Enforcement Services, Texas Government Code, the Party furnishing services under this Agreement is not responsible for any civil liability that arises from the furnishing of those services. No Party waives or relinquishes any immunity or defense on behalf of itself, its governing body, officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. 13. TERM. This Agreement shall become effective as to each Party on the date signed and shall continue in force and remain binding on each and every Party indefinitely. Any party has the right to terminate this Agreement upon thirty (30) days' written notice to all other parties Pursuant to Section 20. 14. ENTIRETY. This Agreement contains all commitments and agreements of the Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with criminal investigations and/or enforcement of laws. No other oral or written commitments of the Parties with respect to Mutual Aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 17. 15. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the rendering and/or receiving of Mutual Aid taken prior to the date of this Agreement. 16. INTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the context contemplated herein is a "governmental function and service" and that the Parties are `local governments" as that term is defined herein and in the Interlocal Cooperation Act, Texas Government Code Chapter 791. 17. SEVERABILITY. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 18. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 19. AMENDMENT. This Agreement may be amended only by the mutual written consent of the Parties. Any and all amendments shall be stored with the original agreement. Additional parties to this Agreement may be added through an amendment to this Agreement. 20. TERMINATION. Any Party may at any time by resolution or notice given to the Administrative Agency decline to participate in the provision of Mutual Aid. The governing body of a Party that is a signatory hereto shall, by resolution, give notice of termination of participation in this Agreement and submit a certified copy of such resolution to the Administrative Agency. Such termination shall become effective not earlier than 30 days after the filing of such notice. The addition of or termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. 21. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. 22. NOTICE. Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Point of Contact, and shall be delivered in person, or mailed certified mail, return receipt requested, or may be transmitted by facsimile transmission as follows: City of Cibolo 200 South Main Street Cibolo, Texas 78108 Attention: City of Converse 403 S. Seguin Converse, Texas 78109 Attention: City of Garden Ridge 9400 Municipal Pkwy. Garden Ridge, Texas 78266 Attention: City of Live Oak 8001 Shin Oak Drive Live Oak, Texas 78233 Attention: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: Michael Hansen, Chief of Police City of Selma 9375 Corporate Or Selma, Texas 78154 Attention: City of Universal City 2150 Universal City Blvd Universal City, Texas 78148 Attention: 23. WARRANTY. The Agreement has been officially authorized by the governing or controlling body or agency of each Party hereto by order, ordinance or resolution and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 24. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govem this Agreement. 25. HEADINGS. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. ** *THE REST OF THIS PAGE IS INTENTIONALLY BLANK * ** 10 This MUTUAL AID LAw ENFORCEMENT AGREEMENT executed by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the Effective Date. CITY OF CIBOLO, TEXAS CITY OF CONVERSE, TEXAS By: , MAYOR By: , MAYOR ATTEST: ATTEST: City Secretary, City of Cibolo, Texas City Secretary, City of Converse, Texas CITY OF GARDEN RIDGE, TEXAS CITY OF LIVE OA1, TEXAS By: MAYOR By: Michael Carpenter, MAYOR ATTEST: ATTEST: City Secretary, City of Garden Ridge, Texas City Secretary, City of Live Oak, Texas CITY OF SCHERTZ, TEXAS CITY OF SELMA, TEXAS By: , MAYOR By: , MAYOR ATTEST: ATTEST: City Secretary, City of Schertz, Texas City Secretary, City of Selma, Texas CITY OF UNIVERSAL CITY, TEXAS By: MAYOR ATTEST: City Secretary, City of Universal City, Texas S -1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: Engineering Subject: Resolution No. 18 -R -70 — A Resolution by the City Council of the City of Schertz, Texas, approving and authorizing an agreement for a Right -of -Way Dedication along Eckhardt Road from Cariari Holdings, Inc., and authorizing the acceptance of such Right of Way Dedication by the City, and other matters in connection therewith BACKGROUND Eckhardt Road currently exists with a variable right of way width of approximately 45 feet. The City's Master Thoroughfare Plan classifies Eckhardt Road as a collector class roadway. On the thoroughfare plan in place during the master planning process of the Parklands Subdivision, Eckhardt Road was identified to have an ultimate right of way width of 60 feet. The developer of the Parklands Subdivision proposes to improve Eckhardt Road by expanding the roadway section to its ultimate width from its intersection with the IH 35, 1,436 linear feet south. In preparation for this expansion, the Parklands developer arranged for the adjacent property owner, Cariari Holdings, Inc., to dedicate the right of way needed to establish the ultimate right of way width of 60 feet. Resolution 18 -R -70 approves the City's acceptance of the additional right of way for Eckhardt Road from Cariari Holdings, Inc. Community Benefit Approval and acceptance of the right of way along Eckhardt Road will provide the space for the improvement of the road to its current ultimate width and allow the city to operate and maintain the roadway facility. Summary of Recommended Action Staff recommends Council approve Resolution 18 -R -70 approving a Right -of -Way Dedication Agreement with Cariari Holdings, Inc., related to widening of Eckhardt Road. FISCAL IMPACT There is no direct fiscal impact to the City from this resolution. RECOMMENDATION Staff recommends Council approve Resolution 18 -R -70. ATTACHMENTS Resolution No. 18 -R -70 Right of Way Dedication Agreement RESOLUTION NO. 18 -R -70 A RESOLUTION BY THE CITY COUNCII. OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING AN AGREEMENT FOR A RIGHT -OF -WAY DEDICATION ALONG ECKHAI2DT ROAD FROM CARIARI HOLDINGS, INC., ACCEPTANCE OF SUCH RIGHT -OF -WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for a right -of -way dedication with Cariari Holdings, Inc., (the "Grantor "), in the form attached hereto as Exhibit A (the "Agreement'), for the dedication to the City of right -of -way containing approximately 0.4931 acres as more particularly described on an exhibit attached to the Agreement (the "Right- of-Way" ); and accept the dedication of such Right -of -Way in accordance with the terms of the Agreement; and WHEREAS, the City needs to acquire the Right -of -Way in connection with the construction of the widening of Eckhardt Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Grantor pursuant to the Agreement and to accept the dedication of the Right -of- Way in accordance with the terms of the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to accept the dedication of the Right-of-Way to the City in accordance with the terms of the Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be one, 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 26th day of June, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A RIGHT -OF -WAY DEDICATION AGREEMENT EXHIBIT A Agenda Item 6 CITY COUNCIL City Council Meeting: June 26, 2018 Department: Parks & Recreation Subject: Resolution No. 18 -R -71— A Resolution authorizing additional expenditures with Ford Engineering, Inc. totaling no more than $2,600.00 for professional engineering services to obtain sidewalk easements for the Schertz Pedestrian Routes & Bike Lanes Project. (B. James, L. Shrum) BACKGROUND The City of Schertz Parks, Recreation, and Community Services Department applied for funding from the Alamo Area Metropolitan Planning Organization in January 2017 for the Schertz Pedestrian Routes and Bike Lanes Project. The project consists of construction of an off -road trail between Schertz Parkway and Wiederstein Road along the LCRA utility easement; construction of sidewalks on both sides of Live Oak Road between Schertz Parkway and FM 3009; and the striping of compliant bike lanes along both sides of Savannah Drive from the Selma city limits to FM 3009, and Woodland Oaks Drive between Schertz Parkway and FM 3009. Ford Engineering was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R -55, with an option to extend the agreement twice for one year each time. The agreement was extended for the first time via Resolution 17 -R -51. On January 9, 2018, Council approved Resolution 18 -R -01 authorizing expenditures with Ford Engineering totaling no more than $100,000 for professional engineering- related services on various separate and unrelated projects, each of which has a value of less than $50,000, during the 2017 -2018 fiscal yew. The CCM accompanying Resolution 18 -R -01 included reference to the Pedestrian Routes & Bike Lanes Project and explained that this project would be brought to Council separately for approval when staff was ready to proceed. On February 6, 2018 Council approved Resolution 18 -R -08 authorizing expenditures with Ford Engineering totaling no more than $99,018.00 for professional engineering design and environmental services for the Schertz Pedestrian Routes & Bike Lanes Project. Resolution 18 -R -08 is attached for your reference. As staff worked with Ford Engineering through the design process, it became apparent that two sidewalk easements were needed for the Live Oak Road sidewalk portion of the project. At the time Resolution 18 -R -08 was approved, it was not known that easement acquisition would be necessary and as such these services was not included as part of that contract. Ford provided a proposal for additional services to prepare the easement materials so that city staff could obtain the easements to complete the project. These additional services include preparation of survey exhibits, metes and bound description, and staking of easement corners for two sidewalk easements needed to complete the Live Oak Road sidewalk portion of the project. Goal Extend the contract with Ford Engineering, Inc. to prepare survey exhibits, metes and bound descriptions, and staking of easement corners for two sidewalk easements needed to complete the Live Oak Road sidewalk portion of the Schertz Pedestrian Routes & Bike Lanes Project Community Benefit The project will enhance pedestrian and cyclist mobility and safety in the City of Schertz. The project will also add trail to our trails network, which is a top priority in our Parks & Recreation Master Plan. Summary of Recommended Action Approval of Resolution 18 -R -71 FISCAL IMPACT The cost to extend Ford Engineering's services is $2,600.00 and will be paid for out of bond funds set aside for Parks. ATTACHMENTS Resolution 18 -R -71 Contract extension with Ford Engineering, Inc. Resolution 18 -R -08 Contract with Ford Engineering, Inc. RESOLUTION NO. 18 -R -71 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES WITH FORD ENGINEERING INC. TOTALING NO MORE THAN $2,600.00 FOR PROFESSIONAL ENGINEERING SERVICES TO OBTAIN SIDEWALK EASEMENTS FOR THE SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires professional services relating to engineering and design services for the Schertz Pedestrian Routes & Bike Lanes Project; and WHEREAS, City staff has determined that Ford Engineering is qualified to provide such services for the City ; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, Ford Engineering is an approved On -Call Engineering Service for the City of Schertz ; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering pursuant to the On Call Engineering Project Agreement attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering, in substantially the form set forth on Exhibit A, totaling no more than $2,600.00 for professional engineering services to obtain sidewalk easements for the Schertz Pedestrian Routes & Bike Lanes Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26' day of June, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A CONTRACT WITH FORD ENGINEERING, INC. 50234811.1 A -]. Design Professional Firm: Ford Engineering, Inc. 1U927 Wye Dr, Ste 1O4 San Antonio, TX 78217 TBPE No. F-1182 Ph: 210-590-4777 Fax: 210-590-4940 Date: May 2.2O18 Client: City ofSchertz Lauren Schrum Address: 1U Commercial Place Schertz, TX 78154 Phqno 210-6194853 email: LGhmm@achehz.00m Project No: Project : Pedestrian Trail Project Additional Services Sidewalk Easements --Sohertz TX Scope/intent and Extent of Services: Proposal to provide mddhional services for two sidewalk easements for the properties at 1232 and 1236 E. Live Oak Road, Services include preparation of survey exhibito, metes and bound description, and staking of easement corners. Fee Arrangement: Progress invoices are due on receipt in order to prevent delays. This budget figure will not bo exceeded without authorization from Client. Should additional services within the original Scope be required, such services will be billed at the following hourly rates: Senior Professional EnOineer(P.Ej: $185.00 Survey Tech: $ 85.00 Registered Professional Engineer (PE): $150.00 2-Man Field Crew: $145.00 Licensed State Land Surveyor $185.00 3- Man Field Crew: $165.00 Registered Professional Land Surveyor (RPL8): $150.00 4-Man Field Crew: $185.00 Design Engineer (BJj: $ 85�00 C|ehuei $ 85.00 CADD Tech: $ 85.00 CHANGES TO THE ORIGINAL 8COPEIINTENTWILL BE NEGOTIATED AS AN AMENDED OR NEW CONTRA C3IAGRfEMENT. Direct Project Expenses will be billed to Client aafollows: Additional Prints: $10.00 (large) $8.00 (small) Federal Express, Property Research, Courier Services and Other Expenses: Amount of Invoice PLUS 15% Client is expected to furnish FORD ENGINEERING, INC. with full information emto the Client's requirements including any special ur extraordinary conodomdonufo,UeProjec or special services needed and also tomake available all pertinent existing data. Special Conditions: Client will be responsible for all fees in relation to, but not limited to, permit fees payable to the City of Schertz, Guadalupe County, and/or any other agency. Prepared by: Mark B. Hill, P.E. Each individual executing this Agreement on behalf of the CLIENT or FIRM, by this execution, acknowledges that he is duly authorized to commit the CLIENT or FIRM to this Agreement.* Offered by: Accepted by: signature date signature date Mark B. Hill, P.E. — President printed nameltitle printed nameltitle name of client The Terms and Conditions on page 2 are a part of this Agreement TERMS AND CONDITIONS Ford Engineering, Inc. (the Firm) shall perform the services outlined in this agreement for the stated fee arrangement. Access to Site: Unless otherwise stated, Ford Engineering will have access to the site for activities necessary for the performance of the services. Ford will take precautions to minimize damage due to these activities, but has not included in the fee the cost of any restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post- construction between the Client and Ford Engineering shall be submitted to non - binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub - consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Billings /Payments: Invoices for Firm's services shall be submitted upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt of invoice. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Ford Engineering, Inc, its officers, directors, employees, agents and sub - consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Firm. Certifications: Guarantees and Warranties: Ford Engineering, Inc. shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence Firm cannot ascertain. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the amount of compensation received by Firm for these services. Such causes include, but are not limited to, the Firm's negligence, errors, omissions, strict liability, breach of contract or a breach of warranty. Termination of Services: This agreement may be terminated by the Client or Firm should the other fail to perform its obligations hereunder. In the event of termination, Client shall pay Firm for all services rendered to the date of termination and for all direct project expenses. Invalidation: If Client does not execute this agreement within thirty (30) days of the date tendered, it may become invalid. Ownership of Documents: All documents produced by Ford Engineering, Inc. under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. A completed facsimile copy of this Agreement, 2 pages, transmitted by Client, will be treated as an original signature for all purposes. However, Client also agrees to mail the Agreement with original signatures to our office. PAGE 2OF2 RESOLUTION NO. 18 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH FORD ENGINEERING, INC., TOTALING NO MORE THAN $100,000, FOR PROFESSIONAL ENGINEERING - RELATED SERVICES ON VARIOUS SEPARATE AND UNRELATED PROJECTS; EACH OF WHICH IS LESS THAN $50,000, DURING THE 2017 -2018 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires professional engineering and surveying services for the completion of various separate and unrelated projects; and WHEREAS, City staff has determined that Ford Engineering, Inc., (FEI) is qualified to provide such services for the City; and WHEREAS, FEI is an approved On -Call Engineering Firm for the City of Schertz; and WHEREAS, the City Council has already authorized projects totaling approximately $400,000; and WHEREAS, the City Council authorizes City Staff to use FEI for the design of various separate and unrelated projects, each of which is less than $50,000, to be invoiced in an amount not to exceed $100,000 for the 2017 -2018 Fiscal Year. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver Agreements with FEI in accordance with their approved Master Agreement. Engineering- related services will be provided for projects and minor consulting tasks and total expenditures for those Agreements, each of which is less than $50,000 in value, shall not exceed $100,000 for the 2017 -2018 Fiscal Year. 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 55 t, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 9th day of January, 2018 ATTEST: J13410 Brenda Dennis, City Secretary (CITY SEAL) CITY OF 5,q ATZ, TEXAS -2- R. Carpenter, Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 9, 2018 Department: Engineering Subject: Resolution No. 18 -R -01 - with Ford Engineering, Inc., totaling no more than $100,000 for professional engineering - related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -2018 fiscal year BACKGROUND Ford Engineering, Inc., (FEI) was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R -55, with an option to extend the agreement twice for one year each time. The agreement was extended for the first time via Resolution 17 -R -51, The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. In addition to ongoing projects with FEI, the City has several projects coming up (outlined below) for which professional engineering services will be required, and FEI is qualified to provide such services. In addition to the known projects, the Engineering, Public Works, and Parks Departments have a periodic need for engineering and /or surveying services with limited scope. As such, it is desired that Staff have the ability to request consulting services to be provided and invoiced on an hourly basis as needed. Any contract with a value of $50,000 or greater proposed to be awarded to FEI will be brought before City Council for approval. Staff requests the ability to process agreements with FEI that have a value less than $50,000 — for which foods are budgeted — without further specific Council approval. Table 1 below lists current, active agreements between the City and FEL Dollar amounts for the agreements have previously been budgeted, funded, and approved. Amounts allocated to these approved agreements were authorized in a previous fiscal year and the expenditure of the authorized amounts typically spans more than one fiscal year. These projects and amounts are not included in the requested not -to- exceed expenditures for which authorization is being requested herein. TABLE 1 Current Professional Service Agreements Corbett Elevated Storage Tank Contract Amount $240,06 1 Nacogdoches Water Tank Painting $29,690 East Live Oak Water Tank Painting $26,325 rtz Parkwa Reconstruction Live Oak to Maskc Sch ( fm-1 103 Utility Relocations $64,5 5 $38 13 Table 2 lists the project for which Staff expects to contract with FEI during the 2017 -2018 fiscal year that will be greater than $50,000. This agreement will be brought to Council for individual approval authorization and is listed to inform Council as to anticipated future contracts with FEI. TABLE2 Known Proposed I'rolecYS >$50,000 Contract Amount Pedestrian Routes &Bike Lanes (Parks) $ 99,000 (estimated) Table 3 lists projects for which Staff expects to contract with FEI during the 2017 -2018 fiscal year that are expected to be less than $50,000 each. These agreements will not be brought to City Council for individual approval. When the value of an agreement is less than $50,000, the City Manager has approval authority. IABLE3 Proposed Projects <$50,000 each Contract Amount East Dietz Creek Silt Removal Don e $ 42,400 Miscellaneous Tasks (each less than $SOk $ 57,600 to be determined as needed) Staff is requesting authorization for expenditures for the East Dietz Creek Silt Removal Projects and other Miscellaneous Tasks totaling no more than $100,000, spread over multiple agreements, no one of which is greater than $50,000. GOAL To obtain authorization from City Council to expend an additional amount not to exceed $100,000 with FEI to la ovide professional engineering - related services on small individual agreements each less than $50,000 contracted during the 2017 -2018 Fiscal Year, SUMMARY OF RECOMMENDED ACTION Staff recommends that Council approve Resolution 18 -R -01 authorizing additional expenditures with Ford Engineering, Inc., totaling no more than $100,000 for professional engineering- related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -2018 fiscal year. FISCAL IMPACT There is no direct fiscal impact by this Resolution. Each project will be appropriately funded and proper procedures for any necessary budget adjustments will be followed prior to any work being authorized. ATTACHMENTS Resolution 18 -I2 -01 Project Summaries SCClH IFIR& TL OCOMMUNITY PPORTUNITY ENGINEERING Project summaries for current and proposed projects utilizing Ford Engineering, Inc. (FEI) for professional engineering services. Projects Currently Under Contract: - Corbett Elevated Storage Tank o Construction of a 1.0 million gallon composite elevated storage tank (EST), approximately 5,200 linear feet of water main to fill the new EST and to distribute to the City's water system, and a package booster station to provide additional hydraulic head to fill the tank. The project is located in southern Schertz between Schaefer Road and the future extension of Ray Corbett Drive. FEI was contracted to provide necessary civil engineering services to design, permit, and prepare construction documents to bid and construct EST and other improvements. Current status — 90% Design complete, entitlement process underway, construction contract bid expected Spring 2018 - Nacogdoches Tank Paint o Repaint the interior and exterior of the existing 0.5 million gallon Nacogdoches elevated storage tank. Abatement of the exterior paint containing lead as well as the contaminated soil around the tank is included in the project. FEI was contracted to provide civil engineering services for the design, bid, and construction phase services of the painting project. Preliminary and secondary paint and soil sampling was included in the contract. Current status —Tank painting approximately 15% complete. - E. Live Oak Tank Paint o Repaint the interior and exterior of the existing 1.5 million gallon East Live Oak ground storage tank. FEI was contracted to provide civil engineering services for the design, bid, and construction phase of the painting. Preliminary paint sampling was included in the contract. Current status — Construction bids currently in review. - Schertz Parkway Reconstruction o Street reconstruction consists of removal of existing asphalt pavement and flexible base material and curbs from Maske Road to E. Live Oak Road; excavation to design subgrade; installation of new concrete pavement; removal of sidewalk and curb on East Live Oak Road to provide sufficient lane width for a through and right turn lane; addition of January 4, 2018 1 of 2 MOM ENGINEERING new turn pavement and curb and gutters; removal of existing asphalt and base material from the multi -use path; installation of new asphalt pavement and curb. FEI was contracted to provide civil engineering services for the design, bid, and construction phase of the full reconstruction. Current status — Construction 80% complete. - FM 1103 Utility Relocation o In order to coordinate with the TxDOT project to reconstruct FM 1103 from the IH -35 northbound frontage road to Chelsea Road, the City of Schertz will be relocating the existing water and sewer mains as necessary. FEI has been contracted to prepare a set of construction plans, specifications, and quantity estimates for review, approval, and construction with associated details for the relocation of the water and sewer mains within the project limits. Current status — Design underway, FEI coordinating with TxDOT. Proposed Projects: - Pedestrian Routes & Bike Lanes o Construction of ten foot shared -use stabilized decomposed granite trail to fill connection gap between Schertz Parkway and Forest Ridge Park. Construction of six foot concrete sidewalk, curb, and curb ramps along E. Live Oak Road between Schertz Parkway and FM 3009. Installation of proper bike lanes along Savannah Drive and Woodland Oaks Drive. It is proposed to contract with FEI to design and bid construction documents for the trail and sidewalk portion of the project. Inclusion of construction administration services will be determined after the design is complete. Current status — Project scope and fee proposal currently under staff review. - East Dietz Creek Silt Removal o Removal of silt that has built up in the portion of East Dietz Creek between Dietz Road and Borgfeld Road to reestablish the channel grades to the original design. It is proposed to contract with Ford to provide a survey, quantity estimate, and specifications to be bid. Preparation of a flood plain permit and no -rise certificate will also be included in the contract. Current status — Agreement currently in process. January 4, 2018 2 of 2 CITY OF SCHERTZ THE STATE OF TEXAS § GUADALUPE COUNTY § This Professional Services Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Ford Engineering, Inc. ( "Professional "). Section L. Duration. This Agreement shall become effective upon execution by the City and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work. (A) Professional shall perform the Services as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". Unless otherwise provided in the Scope of Work, the anticipated submittal of all Project deliverables is immediately upon completion of the Project. (B) The Quality of Services provided under this Agreement shall be performed with the professional skill and care ordinarily provided by competent Professionals practicing in the same or similar locality and under the same or similar circumstances and professional license, and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional holding the same professional license. (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Professional may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation. (A) The Professional shall be paid in the manner set forth in Exhibit "B" and as provided herein. (B) Billing Period: The Professional may submit monthly, or less frequently, an invoice for payment based on the estimated completion of the described tasks and approved work schedule. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Professional's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 1 (C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project shall be included in the scope of services (Exhibit A) and accounted for in the total contract amount in Exhibit "B ". If these items are not specifically accounted for in Exhibit A they shall be considered subsidiary to the total contract amount. Section 4. Changes to the Project Work; Additional Work. (A) Changes to Work: Professional shall make such revisions to any work that has been completed as are necessary to correct any errors or omissions as may appear in such work. If the City finds it necessary to make changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions if requested and as directed by the City and such services will be considered as additional work and paid for as specified under following paragraph. (B) Additional Work: The City retains the right to make changes to the Scope of Work at any time by a written order. Work that is clearly not within the general description of the Scope of Work and does not otherwise constitute special services under this Agreement must be approved in writing by the City by supplemental agreement before the additional work is undertaken by the Professional. If the Professional is of the opinion that any work is beyond that contemplated in this Agreement and the Scope of Work governing the project and therefore constitutes additional work, the Professional shall promptly notify the City of that opinion, in writing. If the City agrees that such work does constitute additional work, then the City and the Professional shall execute a supplemental agreement for the additional work and the City shall compensate the Professional for the additional work on the basis of the rates contained in the Scope of Work. If the changes deduct from the extent of the Scope of Work, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. Any work undertaken by Professional not previously approved as additional work shall be at risk of the Professional. Section 5. Time of Completion. The prompt completion of the services under the Scope of Work is critical to the City. Unnecessary delays in providing services under a Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 6. Insurance. Before commencing work under this Agreement, :Professional shall obtain and maintain the liability insurance provided for in attached Exhibit C throughout the term of this Agreement and thereafter as required herein. In addition to the insurance provided for in Exhibit C, Professional shall maintain the following limits and types ofinsurance: Professional Liability Insurance: professional errors and omissions liability insurance with limits of liability not less than $1,000,000 per occurrence covering all work performed by the Professional, its employees, sub - contractors, or independent contractors. If this coverage can only be obtained on a "claims made" basis, the certificate of insurance must clearly state coverage is on a "claims made" basis and coverage must remain in effect for at least two years after final payment with the Professional continuing to furnish the City certificates of insurance. Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 2 Workers Compensation Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Professional's employees carrying out the work involved in this contract. General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Professional or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Professional shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Professional or its employees. Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent contractors working under the direction of either the Professional or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Professional. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B+" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "D ". 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 7. Miscellaneous Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Professional of any responsibility for work done by such subcontractor. (B) Ownership of Documents. Upon completion or termination of this Agreement, all documents prepared by the Professional or furnished to the Professional by the City shall be delivered to and become the property of the City. All drawings, charts, calculations, plans, specifications and other data, including electronic files and raw data, prepared under or pursuant to this Agreement shall be made available, upon request, to the City without restriction or limitation on the further use of such materials PROVIDED, HOWEVER, THAT SUCH MATERIALS ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY THE CITY OR OTHERS. ANY REUSE WITHOUT PRIOR VERIFICATION OR ADAPTATION BY THE PROFESSIONAL FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT THE CITY'S SOLE RISK AND WITHOUT LIABILITY TO Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 3 THE PROFESSIONAL. Where applicable, Professional shall retain all pre - existing proprietary rights in the materials provided to the City but shall grant to the City a non - exclusive, perpetual, royalty -free license to use such proprietary information solely for the purposes for which the information was provided. The Professional may, at Professional's expense, have copies made of the documents or any other data furnished to the City under or pursuant to this Agreement. (C) Professional's Seal. To the extent that the Professional has a professional seal it shall placed on all documents and data furnished by the Professional to the City. All work and services provided under this Agreement will be performed in a good and workmanlike fashion and shall conform to the accepted standards and practices of the Professional's industry. The plans, specifications and data provided by Professional shall be adequate and sufficient to enable those performing the actual work to perform the work as and within the time contemplated by the City and Professional. The City acknowledges that Professional has no control over the methods or means of work nor the costs of labor, materials or equipment. Unless otherwise agreed in writing, any estimates of costs by the Professional are for informational purposes only and are not guarantees. (D) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (F) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 4 aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. (1) The City of Schertz may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code chapter 2270) by accepting this purchase order, the vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. Section 8. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. (B) If the City terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the Professional shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional considering the actual costs incurred by the Professional in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination that is not the fault of the Professional, the Professional shall be compensated for all basic, special, and additional services actually performed prior to termination, together with any reimbursable expenses then due. Section 9. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 10. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 11. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 1.2. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 13. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 14. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 15. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 6 shall not be construed either more or less strongly against or for either party. Section 16. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 17. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 20. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 21. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. 23. 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. 24. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 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 1.295 "Certificate of Interested Parties." Form 1.295 is also required for any and all contract Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 7 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, htt s:// www.ethics.state.tx.us /whatsnew /elf info form1.295,htm and https-//www.ethics.state.tx.us/tec/1295- Info,ht for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. 25. Non - Boycott of Israel. The City of Schertz may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code chapter 2270) by accepting this Contract, the vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. [The remainder of this page is intentionally left blank.] Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 8 EYCE CUTED on this the day of 2018. By Name: John C. Kessel Title: City Manager W-M With a copy to: City Attorney City of Scheitz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 MR #Z M, Ford AAMPO Final 20180122,docx Ford Engineering, Inc. Page :9 Exhibit "A" SCOPE OF WORK Project Schertz Pedestrian Routes and Bike Lanes Project Location Off -road trail along electrical easement between Schertz Parkway and Wiederstein Road (at Forest Ridge Park) and sidewalks along Live Oak Road between Schertz Parkway and FM 3009. Basic Services Scope of Work The design of the bike lanes shall comply with AASHTO's Guide for the Development of Bicycles Facilities, the City's Master Thoroughfare Plan Policy Document, and follow the requirements of Local Government Project Procedures, and Advanced Funding Agreement documents as provided by the City. The project includes a hike and bike trail following the electrical easements from Schertz Parkway to Wiederstein Road at Forest Ridge Park comprised of pervious material, and new pedestrian and bike access along E. Live Oak Road. The establishment of new bike lanes and the updating of existing bike lane pavement markings and signage along Savannah Drive from the west city limit to FM 3009, and the establishment of new bike lanes and the updating of existing bike lane pavement markings and signage along Woodland Oaks Drive from Schertz :Parkway to FM 3009 is not considered to be within this scope of work of this agreement and will be provided by others. Preliminary Engineering and Design (Phases 1 -4): The :Professional shall provide the following services during this phase: 1. Attend Design Summary Conference 2. Prepare a Design Summary Conference report. 3. Provide a topographic survey for pervious hike and bike trail to Forest Ridge Park for the proposed length of trail and width of existing easements including identification of: a. existing utilities, b. existing curbs, c. sidewalks, d. pavement edges, e. signage, f. fences, g. trees and h. other items as necessary 4. Provide a topographic survey for East Live Oak Road for the proposed length of each street including identification of: a. surface utilities, b. existing curbs, c. sidewalks, d. edges of pavement, Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 10 e. signage, f. driveways and g. approximate property corners. 5. Provide required environmental review for the project in compliance with TxDOT and Federal Highway Administration regulations and procedures regarding the National Environmental Policy Act (NEPA). 6. Professional shall prepare a Project Scope to be reviewed by TxDOT and request a Classification Letter for the project with the assumption that the project can be classified as a Blanket Categorical Exclusion (BCE) level of review, per the Programmatic Agreement (PA) for the Review and Approval of NEPA Categorically Excluded Transportation Projects between the FHWA -Texas Division and the TxDOT PA. The environmental review noted in Scope sections 5 and 6 shall include the following numbered tasks: Task 1: Classify the Level of Review Task 2: Gather Preliminary Project Information Task 3: Evaluate Specific Areas of Environmental Concern such as: Socioeconomics, Section 4(f) Resources, Air Quality, Biological Resources, Water Quality, Noise, Hazardous Materials, Indirect and Cumulative Impacts Task 4: Archeological & Historical Services Task 5: Attend Project or Public Meetings Task 6: Trimble Rental, field equipment Task 7: Administrative Costs Task 8: Transportation Cost Task 9: Categorical Exclusion Report 7. Professional shall prepare the project schematic and layout with typical sections, and scaled plans and submit for a TDLR registration number on behalf of the City. Professional shall prepare a preliminary construction estimate, preliminary schedule, a utility conflict matrix, the Design Summary Report, the DDRT checklist, a preliminary schedule, Form 1002, and attend the DDRT. Plans Specifications and Estimates Phases: Professional shall prepare the project construction plans in compliance with TXDOT standards, the LGPP, the AASHTO design standards for bicycle, and City standards. Plans shall include: 1. all typical sections, and scaled plans, and details, 2. temporary traffic control, 3. pedestrian detour plans and 4. anticipated detail for flashing pedestrian crossing signals at Wiederstein Road. Professional shall develop necessary storm water pollution prevention plans and the environmental permits, issues, and commitment plans at TXDOT recommended interim reviews at 30% and 60 %. Professional shall prepare the specifications and bid documents per the anticipated TXDOT 2014 Standard Specification, and TXDOT material requirements. Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page I I Final Specifications shall be prepared for bid, and include the documents, forms 1002, 2229, list of governing specifications, a completed Division LG Checklist, a contract time determination summary, the master general notes in word format, and all other required documents. TxDOT has specific documentation that is required in their bid documents. Professional shall coordinate with the City of Schertz Purchasing department to ensure that required TxDOT specific documentation is prepared for use within the solicitation documents. Professional shall utilize a registered accessibility specialist (RAS) for TDLR compliance. Professional shall submit for a TDLR registration number. Professional shall submit all documentation to TxDOT and obtain a Letter of Authorization, prior to be proceeding to bid phase. Bid Phase: The Professional shall provide the following services during this phase: 1. Professional shall aid in the bidding process including answering contractor questions and issuing of addendums. 2. Professional shall have a representative available for pre -bid and bid opening meetings with the City of Schertz. 3. Perform a onetime re- establishment of benchmarks for the East Live Oak and the trail to Forest Ridge Park. 4. Upon receipt of bid proposals, Professional shall: a. provide a tabulation of bid, b. call three references of the recommended respondent, c. provide the City and TXDOT with a recommendation of award. Construction Phase: The Professional shall provide the following services during this phase: Attend a TXDOT workshop with the City prior to proceeding to the Construction Engineering and Inspections (CE &I) phase of the project. Related Services not included within the Basic Scope of Services: The following related tasks are not included with the basic scope of services. These services will be obtained separately by City. Additional City requested work of the Professional may require an additional task request. Any such requests shall require an amendment to this agreement and may require Council approval for funding and authorization. No additional work may be authorized without written approval to amend the agreement. 1. Discovery and investigation of archeological site about 1,000 square meters in extent, not including curation. 2. Field documentation and initial assessment for non - archeological cultural resources (NACR) 3. Cost to complete and submit a TxDOT Standards of Uniformity (SOU) cultural resource survey and Texas Antiquities Permit (TAP) application 4. Archeologist and Historian attendance in a project or a public meeting. 5. Coordination with TxDOT or FHWA regarding comments or revisions to the report document. 6. Construction survey and staking. Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 12 7. Construction Engineering and Inspection (CE &I) services. Design Schedule: Phase Calendar Days Environmental Engineering, performed concurrently with Design Phase 91 30% Design 30 60% Design 30 90% Design 30 PSE and Bid Phase 170 Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 13 Exhibit "B" COMPENSATION LUMP SUM BY PHASE PAYMENT METHOD FOR BASIC SERVICES AND A NOT TO EXCEED AMOUNT FOR SUPPLEMENTAL SERVICES 1.1 Compensation for all fees, costs, expenses and services defined by this Contract shall be compensated at a Not -To- Exceed amount of $ 99,01.8.00.00 — Ninety -Nine Thousand, Eighteen Dollars and No Cents, including expenses (the "Contract Price "), and it is agreed and understood that this amount, when earned, will constitute full compensation to the Professional. 1.2 This Contract Price is the sum of the phases as provided for by the Tasks detailed in the following schedule of values: PHASE AMOUNT Task 1 — Environmental Engineering $25,385.00 Task 2 — 30% Design Phase $ 32,733.00 Task 3 — 60% Design Phase $ 1.8,790.00 Task 4 — 90% Design Phase $ 5,560.00 Task 5 — Bidding Phase $ 13,950.00 Total Basic Services $ 99,018.00 1.3 Basic Design Services The portion of the Contract Price allocated for Basic Design Services as provided for in Exhibit A shall be the lump sum amount of $ 99,018.00 — Ninety -Nine Thousand, Eighteen Dollars and No Cents. 1.4 Supplemental Services No supplemental services have been allowed for in this Contract. Agreement. 1.5 For the purpose of establishing costs to the City of Schertz for any negotiated supplemental services payable on an hourly rate basis authorized in writing by the City of Schertz, the following Hourly Billing Rate Table of the fees shall apply: Billing Rate Table Discipline Principal Senior Civil Engineer (PE) Civil Engineer (PE) Engineer -in- Training Clerical. Staff Registered Professional Land Surveyor Survey Technician 3- Person Survey Crew Hourly Rate $200.00 $165.00 $150.00 $ 90.00 $ 65.00 $1.50.00 $ 85.00 $1.65.00 Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 14 Exhibit "C" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Professional shall comply with each and every condition contained herein. The Professional shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of the Professional to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Professional shall specifically endorse applicable insurance policies as follows: I. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Professionals obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Professional shall furnish. The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Professional's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasinkschertz.com Purchasing Department Faxed to: 210 -619 -1169 1400 Schertz Parkway Schertz, TX 78154 Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 15 CERTIFICATE OF LIABILITY INSURANCE M0 AS A MATIV11 OF 8110 111 M TIOM, ONLY AND COMM NO RMIMS UPON TIIU 0141311P I�5�1 �r.Al"t I Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 16 1, 1 I�iI 1P1 a�iMIN peg any_ �. ''J«?i�4�Q5F rug vaaa r 9i LY oS� 1` w A s 1 1 =11 it IM11111,. 1 H 1RU c ti � rir a " p d9ATM �y [ AIM ruptWoRr"PlAftu f0A?AA'1vj1 rag € rl i j a 44 `ia'ii /I _ 0110111; C. M ff ' , a rl4R i b# 9i kY 1011 Y M �3PLrBYrm 7A M writ/ 1 4 .w +�e�, s "9p .. ,. � e , s NO i .. � ...... '�" � lea. " W� �.. y m. e g � ,p &i 6 F & m V JI'a� drflV�ii� �[ iP jVpI Yi�S, 'dab basI Pr rb ri�f 1 J C r I m I 1w. � , t'p _..... 61 P . iW iV 9 P facUb, iklm ". � got, al Csww40, �Lal �'i0,� [T= , of ®g-01 v iI i2fh ry t.0121. must bO 110ritWdi GImplat 11611, Tow, li o, (0,13 Mentided byT xast,901SI air 01110W201"1). 1 015w7,2 NOTU , R . III r�T TICS ,A,L1Ld�"rr 7r C1CraCC�r� d�4ai,q�l��i 1�F1 .1dsL9L1Ffi �6"�� I1 T#1Cr 1r1ir 4'ii 1.NP bu M£JTI6 ARd '; .lpr I1 ! 11Fi111 i i ra . he P atk^ 8154 Attn: P' roha r D rpit AI111'I Ix ED SI T nEQUI M 14 ACORD 20 POINS) The AGORO namo tend, logo, ihm rq1 r rl rowks W A0080 Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 16 (Instructions for completing and submitting a certificate to the City of Schertz) 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 tilled in with "Y" for yes under Additional Insured for all coverages, except for Professional Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 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. Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 17 Exhibit "D" Ford AAMPO Final 20180122.docx Ford Engineering, Inc. Page 18 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: Information Technology Subject: Resolution No: 18 -R -41 Consideration and/or action approving a Resolution authorizing purchases with Computer Solutions not to exceed $78,774.47 for the hardware and installation services associated with the Virtualization project and New Community Development Software project. BACKGROUND On March 13, 2018, the Planning and IT Department received approval under Resolution 18- R-20 to execute a contract with City View for the new software. The implementation of the new City View software solution prompted the IT Department to move forward with a planned IT project to upgrade and virtualize city servers. The IT Dept. has been setting aside funds for 4 years to migrate the City's server infrastructure to a fully redundant virtualized platform. Because of the mission - critical nature of the planning software project, it was chosen to be the first system to be implemented on the new platform. This phase of the virtualization project is budgeted at $78,774.47. This is approximately half of the total amount reserved. The IT Dept. is seeking authorization for purchases not to exceed $78,774.47, with Computer Solutions. This vendor was selected based on the RFP #1.8- IT- 1.6 -T -01. This RFP covers the hardware and installation services needed to begin the process of consolidation and virtualization of City servers. COMMUNITY BENEFIT Virtualization offers may upsides such as server consolidation, use of less rack space, paying less on hardware warranty costs, less energy consumption, lower licensing costs, redundancy. Virtualization does away with the inefficiency of one server, one application model. It enables one single server to function as multiple virtual servers with each virtual machine able to operate in different environments. This allows consolidation of multiple servers onto fewer physical devices, reducing space and power. Virtualization also provides business continuity and data protection so we can achieve continuous application availability during disaster recovery. FISCAL IMPACT The fiscal impact for the hardware virtualization project and the new hardware for the CityView project first year expenses are $78,774.47. Funding for the FY 17 -18 expenses comes from the following: $78,774.47 General fund contribution as approved in the budget for IT Server virtualization project $20,064.95 Maintenance support over the next 5 years SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize expenditures with Computer Solutions in an amount not to exceed $78,774.47 for the hardware and installation services associated with the Virtualization project and New Community Development Software project. ATTACHMENTS Resolution 18 -R -41. RESOLUTION NO. 18 -R -41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING PURCHASES WITH COMPUTER SOLUTIONS IN AN AMOUNT NOT TO EXCEED $78,774.47 FOR THE HARDWARE AND INSTALLATION SERVICES ASSOCIATED WITH THE VIRTUALIZATION PROJECT AND NEW COMMUNITY DEVELOPMENT SOFTWARE PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires the hardware and installation services for the completion of the Virtualization project and the new Community Development Software project; and WHEREAS, the City solicited competitive sealed proposals from qualified vendors for services in connection with the Virtualization project; and WHEREAS, after extensive analysis of the responses provided by each of the five (5) prospective vendors, City staff is confident that Computer Solutions can provide the best service at the best value; and WHEREAS, the City Council has determined that it is in the best interest of the City to proceed with this project with Computer Solutions in an amount not to exceed $78,774.47. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes purchases with Computer Solutions in an amount not to exceed $78,774.47 for services related to the virtualization project hardware and installation. 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 26th day of June, 2018. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: Council Subject: Ordinance No. 18 -M -20 an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in conflict with this ordinance (Final Reading) Goal At the City Council meeting of June 5, 2018 members of Council voted 5 -2 to make the following changes to their Rules of Conduct and Procedure: The following sections will be updated: Article 6, 6.1 adding (f) Chair Shall Not Entertain Objections. An agenda item properly placed on a future agenda by a member of Council during open session shall not be subject to objection by another member. The City Council Rules of Conduct and Procedures are adopted by Ordinance and require two (2) readings. The first reading of the Ordinance was approved on June 12, 2018 . by a vote of 5 -2 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Kiser and Crawford voting for and Councilmembers Gutierrez and Larson voting no, this is the final reading. To clarify, update and amend the Council's Rules of Conduct and Procedures related to the above changes. Community Benefit To clearly establish procedures for council. Summary of Recommended Action Approval final reading of Ordinance No. 18 -M -20 amending the Council Rules of Conduct and Procedures to include new section (f), FISCAL IMPACT City Council Memorandum Page 2 None ATTACHMENTS Ordinance No. 18 -M -20 Final changes ORDINANCE NO. 18 -M -20 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AND AMENDING CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council 18 -M -09; and WHEREAS, the City Council discussed the following changes at their meeting of June 5, 2018; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as they relate to properly placed items on a future agenda. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Article 6. Order of Business Section 6.1 adding (f) Chair Shall Not Entertain Objections. An agenda item properly placed on a future agenda by a member of Council during open . session shall not be subject to objection by another member. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 12TH day of June 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 2 -13 -2018 Revised TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1. 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.1.3 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ............................... ARTICLE 6. 9.3 Motion Procedures ......................................................................... ............................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.1.0 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, :RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.1.0 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ............................................................................ ............................... 7 &8 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ......................................................................... ............................... 8 &9 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Rul ing ...................................................................... ............................... 9 &1.0 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.1.0 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 1.1 9.13 To Count the Vote ............................................................................. ............................... 11 9.1.4 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11. 2 -3 -2018 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.1.6 To Take Action; Main Motions ................................................. ............................... 11&12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 1.2 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 1.1. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 1.3 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 1.2. CITIZENS' RIGHTS 1.2.1 Addressing the Council ..................................................................... ............................... 1.3 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 1.2.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 1.2.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 1.3. COUNCIL AND STAFF RELATIONS 1.3.1 City Manager to Provide Information ............................................... ............................... 1.4 13.2 City Manager's Responses to Requests ..................................... ............................... 14 &15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 2 -3 -2018 Revised 1.11 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended, or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or Closed sessions for certain limited topics. 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quoru m. Four members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e -mail or telephone and must include the reason for the absence. Absences from meetings of the City Council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the Council as excused. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or closed session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action 6 -12 -2018 Revised I of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or closed session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these :Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 6 -12 -2018 Revised 2 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5. Closed Sessions. Closed sessions may only be held in accordance with state law. 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Maw. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor :Pro -Tem is present. If the Mayor 6 -12 -2018 Revised 3 Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Mayors Pro Tempore shall be appointed for one -year terms beginning and ending February each year. (b) Mayors Pro Tempore shall be appointed by a majority vote of the City Council following a properly made motion to appoint a member who is both: (a) Eligible to serve as Mayor Pro Tempore (b) Is, at the time of the motion, a Councilmember in good standing (c) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (d) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. 6 -12 -2018 Revised 4 (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. (j) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 A_. eg nda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. 6 -12 -2018 Revised 5 (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. { 1 (..,hair Shall Not Entertain Objection;. An agenda item properly placed on a Tutu e agenda by a lrlenlbc ° of Council during open session shall not be subject to objection by another member. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and /or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 6 -12 -2018 Revised 6 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of four (4) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tern or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason. 6 -12 -2018 Revised 7 of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of four (4) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his/her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 6 -12 -2018 Revised 8 Motion May Tnterrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 4 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no £l. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no— no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Counci]member to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. Mandatory if seconded; no vote required 6 -12 -2018 Revised 9 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, 6 -12 -2018 Revised 10 and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of four (4) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.1.4 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main 6 -12 -2018 Revised I I motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non- required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally Obligated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council. Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting_ When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 1.0.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the 6 -12 -2018 Revised 12 Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 1.1.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another :Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement' directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 1.2.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless 6 -12 -2018 Revised 13 further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 1.2.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 1.2.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 1.2.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. 6 -12 -2018 Revised 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 1.3.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. 6 -12 -2018 Revised 15 (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City - sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: June 12, 2018 6 -12 -2018 Revised 16 CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 2 -13 -2018 Revised TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1. 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.1.3 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ............................... ARTICLE 6. 9.3 Motion Procedures ......................................................................... ............................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.1.0 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, :RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.1.0 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ............................................................................ ............................... 7 &8 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ......................................................................... ............................... 8 &9 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Rul ing ...................................................................... ............................... 9 &1.0 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.1.0 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 1.1 9.13 To Count the Vote ............................................................................. ............................... 11 9.1.4 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11. 2 -3 -2018 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.1.6 To Take Action; Main Motions ................................................. ............................... 11&12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 1.2 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 1.1. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 1.3 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 1.2. CITIZENS' RIGHTS 1.2.1 Addressing the Council ..................................................................... ............................... 1.3 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 1.2.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 1.2.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 1.3. COUNCIL AND STAFF RELATIONS 1.3.1 City Manager to Provide Information ............................................... ............................... 1.4 13.2 City Manager's Responses to Requests ..................................... ............................... 14 &15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 2 -3 -2018 Revised 1.11 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended, or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or Closed sessions for certain limited topics. 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quoru m. Four members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e -mail or telephone and must include the reason for the absence. Absences from meetings of the City Council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the Council as excused. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or closed session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action 6 -12 -2018 Revised I of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or closed session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these :Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 6 -12 -2018 Revised 2 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5. Closed Sessions. Closed sessions may only be held in accordance with state law. 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Maw. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor :Pro -Tem is present. If the Mayor 6 -12 -2018 Revised 3 Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Mayors Pro Tempore shall be appointed for one -year terms beginning and ending February each year. (b) Mayors Pro Tempore shall be appointed by a majority vote of the City Council following a properly made motion to appoint a member who is both: (a) Eligible to serve as Mayor Pro Tempore (b) Is, at the time of the motion, a Councilmember in good standing (c) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (d) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. 6 -12 -2018 Revised 4 (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. (j) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 A_. eg nda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. 6 -12 -2018 Revised 5 (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. (f) Chair Shall Not Entertain Objections. An agenda item properly placed on a future agenda by a member of Council during open session shall not be subject to objection by another member. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and /or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 6 -12 -2018 Revised 6 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of four (4) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tern or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason. 6 -12 -2018 Revised 7 of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of four (4) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his/her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 6 -12 -2018 Revised 8 Motion May Tnterrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 4 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no £l. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no— no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Counci]member to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. Mandatory if seconded; no vote required 6 -12 -2018 Revised 9 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, 6 -12 -2018 Revised 10 and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of four (4) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.1.4 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main 6 -12 -2018 Revised I I motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non- required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally Obligated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council. Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting_ When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 1.0.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the 6 -12 -2018 Revised 12 Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 1.1.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another :Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement' directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 1.2.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless 6 -12 -2018 Revised 13 further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 1.2.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 1.2.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 1.2.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. 6 -12 -2018 Revised 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 1.3.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. 6 -12 -2018 Revised 15 (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City - sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: June 12, 2018 6 -12 -2018 Revised 16 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: Parks & Recreation Subject: Resolution No. 18 -R -72— A Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to extend the contract with Selrico Services in the amount of $20,000 to provide the congregate meal program at the Schertz Area Senior Center (B. James, L. Shrum) f X1 4',T" 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. On August 1, 2017 council approved Resolution 17 -R -54 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 (Resolution 17 -R -54 attached for your reference.) That original contract was in the amount of $104,000 per fiscal year for a total of $208,000 for the two -year contract term. The contract amount was based off a conservative estimate knowing the average meals served per day at the time was 65 meals. Staff anticipated some growth in membership and meals served based on the completion of the Senior Center renovation, as well as due to better tasting meals and better service. Thus, 85 meals per day in the base calculations, with the per meal cost being $4.15 /meal delivered. The Senior Center is now averaging 100 meals served per day, thus the maximum amount approved in the contract per fiscal year is not sufficient to cover the number of meals needed for the entire year. The city has been invoiced for October — May and the total spent is $73,313.90, leaving $30,686.10 left in the contract for this fiscal year. The average cost per month is $9,165.00. Tt is anticipated the contractual limit will likely be hit in the month of August, but definitely by September. Staff wanted to make council aware in advance before hitting that contractual limit and is proposing an additional $1.0,000 be added to the contract per fiscal year to cover the overage. City management has been in discussions with the City of Cibolo to share in the costs associated with operating the center and providing the congregate meal program since about 20% of the members in the meal program are residents of the City of Cibolo, but no final agreement has been made yet. Goal Approve Resolution 18 -R -72 authorizing the Acting City Manager to extend the contract with Selrico Services in the amount of $20,000 for a total of $228,000 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 extension with Selrico Services in the amount of $20,000 ($10,000 per fiscal year) for a contract total of $228,000 to provide the congregate meal program for the Schertz Area Senior Center. FISCAL IMPACT Extend the contract to include $20,000 more expenditures ($10,000 per fiscal year) for a total contract amount of $228,000 from the Senior Center fund. RECOMMENDATION Staff recommends Council approval of Resolution 1.8 -R -72. ATTACHMENTS Resolution 18 -R -72 Amended Contract with Selrico Services Resolution 17 -R -54 Contract with Selrico Services RESOLUTION NO. 18 -R -72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO EXTEND THE CONTRACT WITH SELRICO SERVICES IN THE AMOUNT OF $20,000 TO PROVIDE 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 through a competitive RFP process; and WHEREAS, the City awarded a contract to Selrico Services to provide the congregate meal program at the Schertz Area Senior Center; and WHEREAS, participation in the congregate meal program has increased substantially beyond conservative estimates used at the time of contract award; and WHEREAS, city staff has calculated a need to increase contract funding by $10,000 per fiscal year, which is $20,000 total for the two year contract term, to cover the increase in participation in the congregate meal program; 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 extend the contract with Selrico Services in the amount of $20,000 (or $1.0,000 /year) to provide 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 26th day of June, 2018. Donna Schmoekel, Deputy City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M AMENDMENT NUMBER ONE TO A SERVICES AGREEMENT This Amendment is made and entered into this day of , 2018 ( "Effective Date ") by and between the CITY OF SCHERTZ, TEXAS ( "City ") and Selrico Services Inc. ( "Contractor "). WHEREAS, Contractor and City entered into an agreement on October 1, 2017, for Contractor to provide daily meal delivery services (the "Agreement "); and WHEREAS, City has requested changes to the Maximum Contract Expenditure outlined in Exhibit "A" of the agreement for Fiscal Year One from $104,000.00 to $114,000.00; and WHEREAS, All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly authorized representatives as of the day and year first above written. CITY: C Brian James CONTRACTOR: C Name: Acting City Manager Title: 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 $104,000 /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 Ist day of August, 2017. ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) CITY OF SC Z, TEXAS XXI '`iael R. Carpenter, Mayor -2- CITY MANAGEMENT Coorffinati*on Sheet F Purchasing h Parks, Recreation & Com Svcs. DATE: NAME FINIT:IAILS DATE 8/3/2017 TO: r.Dudley Wait . Executive Director Mr. Brian James Executive Director XZ Ms. Sarah Gonzalez Assistant to the City Manager - r. John Kessel City Manager Comments: Congregate Meal Program PURCHASING Return Tu. arc Ripley CITY OF SCHERTZ CONTRACT APPROVAL FOR] 5, Contract required to be bid: @ yes ❑ no (If unsure, contact Purchasing.) Bidding completed: @ yes ❑ NA (bidding not required) Bidding exemption: (if bidding is not required state reason): N/A 6. Contract termination date: September 30, 2019 ❑ NA 7. Terms of contract reviewed and approved by Department Head: yes 8. Is Executive' Director aware of contract? @ yes I. Date fully-executed contract received by Purchasing; 2. Date filed to Laserfiche: Filed as: Approved September 8, 2015 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 $104,000 /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 1 st day of August, 2017. ATTEST: �C L�a� Donna Schmoekel, Deputy City Secretary (CITY SEAL) CITY OF SC TZ, TEXAS fAael R. Carpenter, Mayor -2- CITY OF SCHERTZ SERVICE AGREEMENT 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 I 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 1, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered 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 1295 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: / /www.ethics.state.tx.us /whatsnew /elf info form 1295.htm and https : / /www.ethics.state.tx.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 RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 7 Selrico Services, Inc. Service Agreement Title: City Manager M City of Schertz Attn- John C. Kessel, City Manager 1400 Scbertz Parkway Schertz, Texas 78154 CITY OF SCHERTZ PAGE 8 SeIrico Semites, Inc. Service Agreement Exhibit "A" SCOPE OF WORK AND SUPPLEMENTAL TERMS Proiect 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 (DRIB). 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" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasing(&schertz.com Purchasing Department Faxed to: 210 -619 -1169 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ PAGE 10 Seirico Services, Inc. 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INEREOP, ROME WILL 04' DELR4! 8110 111 1400 Scherla Parkway JvC� @itE4561CU4!Il1F1Y1161'liLt41" Ifi1tp+1SIIILN @. Schaitz, 7x 78154 M1Un,aRU16D REPSHICITr MU Attrr PurchasanU Dept. S hUTOORIZED SIGN11TURE REQa' UIRM I [C-1111 @ 19 BU-2011 CORPORkTIM All 1I9hl,a roomad d CORD 26 00,105 The AiDORD nar nowid lago nro r4Mletarotl nlnAR. 04 ACORD (Instructions for completing and submitting a certificate to the City of Schertz) CITY OF SCHERTZ PAGE 11 Selrico Services, Inc. Service Agreement Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. Q Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 12 Selrico Services, Inc. Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 13 Selrico Services, Inc. Service Agreement CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) I 08/04/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AOn Risk Services Southwest, Inc. Houston TX Office CONTACT NAME: (A/C. No. Ext): (866) 283 -7122 IA No.): (800) 363 -0105 E -MAIL ADDRESS: 5555 San Felipe Suite 1500 COMMERCIAL GENERAL LIABILITY Houston TX 77056 USA 77GL01 D 1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: The Travelers Indemnity Co. 25658 Selrico Services, Inc. INSURER B: Hallmark Specialty Insurance Company 26808 717 W. Ashby Place San Antonio TX 78212 USA INSURER C: Navigators Specialty Insurance Company 36056 INSURER D: Starstone National Insurance Company 25496 $100,000 INSURER E: MED EXP (Any one person) $5,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 570067874346 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/ POLICY EXP MM /DD/ LIMITS B X COMMERCIAL GENERAL LIABILITY 77GL01 D 1 10 Ol 016 10 Ol 017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F3�] PRO ❑ LOG JECT PRODUCTS - COMP /OP AGG $2,000,000 OTHER: Total Policy General Agg $5,000,000 A AUTOMOBILE LIABILITY BA- 6D485723- 16 -CAG 10/01/2016 1010112017 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident C UMBRELLA LIAB X OCCUR SFI6EXC8853561C 10/01/2016 1010112017 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/ PARTNER /EXECUTIVE ❑ OFFICER /MEMBER EXCLUDED? N/A PER OTH- STATUTE I ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT D E &O -MPL- Primary 62538C163APL 10/01/2016 1010112017 Professional Liab $1,000,000 Claims Made SIR $10,000 SIR applies per policy ter s & conditions DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Schertz is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary and non contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION V, �y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~` L EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of schertz AUTHORIZED REPRESENTATIVE �J-= Purchasing Department 1400 schertz Parkway JJ., �. schertz TX 78154 USA J /. `/ ' 4 ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO IM This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM ig the policy period over which you maintair 0% or more ownership interest and that is not ern Anilphj inceirpri fnr Riminp--q Atim rnuprAmp fil the 180th day after you acquire or form the =Lrafion or th.0 and of the poficy pedod, whi, CA T3 63 02 15 0-j2015The Travelers Indemnity Company, Alf rights reserved. Page 1 of 4 Includes copyrig�ited material of Insurance Services Offic" Inc, with its perrmssion, COMMERCIAL UT injury " or "°property damage" to which this insurance Splies, that the "in- sured" pays with our consent, but dh C., Limits f Insurance, of 'Ti ON tt — COVERED AUTOS Page 2 of 4 'D 2015 The Travelerg Indemnity Company. Ail right; reservrlcl, CA T3 53 02 1 Includes copyrighted MaterOf of Ir)strrance Services Office. Inc, with its permission, COMMERCMIL AUTO CA T (�, eft I5 The Travelers Indemnity Company All rights reserved. Page 3 of 4 Inc -lulus c up righted material of Yrisirranicre Services Office, Inc, with its permission, COMMERCIAL AUTO The unintentional omission of, or u hint entionaf error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect otir right to col- lect additional prerniorn or exercise our right of cancellation or non-renewaL Page 4 of 4 2015 The Travelers indemnity Company, Ali Tights reserved. CA T3 53 02 15 Includes copyrighted material of insurance Services Office, Inc. with fts; permisqjon, BLANKET ADDITIONAL !NSURED - OWNERSI LESSEES OR CONTRACTORS � COMPLETED OPERATIONS (With Pn'mary a6d Waiv6r bf Transf6r of Righo; of M= This endorsement modifies insurance provided under the following Coverage Part: 0319M l!��1�1111p�j pi�ijiiii 11111�111qijiijjj .W This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated: C 00 27 07 12 Page 2 of 2 Includes copyrighted material of Insurance Service Office, Inc. with its permission. i 111,1101 MMOJ ON (if no entry appears abovd� milbirmation Touired to complete this e�nidorsennehtwill be shown in tho Declarati6ii§ r - to this endorsement) r e- r r� � r • r� R s. r• : s - w • Ali other terms and conditions of This endorsement changes the policy to which It is attached and is effective on the dote issued unless otherwise stated; Page 1 of 1 Includes copyrighted material of Insurance service Office, trio with its permission, Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: Planning & Community Development Subject: Ordinance No. 18 -T -22 — Consideration and /or action approving an ordinance by the City Council of the City of Schertz Texas authorizing a budget adjustment to the Fiscal Year 2017 -2018 budget to increase the budget for 3rd party inspection services; repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing an effective date. First reading BACKGROUND With Ordinance 17 -T -30 the City Council of Schertz approved the annual budget for FY 201.7 -1.8. Staff is proposing to amend the budget to increase the budget for outside inspection services. The Building Inspections division is requesting to increase the budget to allow for continued use of 3rd party plan review and inspection services. In July 2015 the City contracted 3rd party plan review and inspection services to deal with the challenge of providing a timely and thorough review of plans and inspections due to an increase in the number of inspections requested and in permit plan review that was compounded by staff vacancies. Initially, the goal was to use these contracted services during the peak workload times to avoid delays in service for our citizens. Service agreements were executed and the expenditures were authorized with BB Inspection Services and Rudy Cantu. The service contact with BB Inspections Services authorized expenditures for up to $360,000 over a 2 -year period. Last year the city used $189,600 leaving $170,400 remaining on the contract for the FY 2017 — 18 budget year. To date the budget expenditures for these services are $150,590. The department has seen an increase in permit and inspection activity again this year. 347 Single Family Residential home permits have been issued this budget year which is 71 more permit then were issued at this time last year. With the hail storm that blew through Schertz in April there has been an increase in re -roof permits issued. A total of 279 re -roof permits were issued from October 2017 through April 2018 (the first 7 months of the fiscal year). In May of this year, 446 re -roof permits were issues and 254 re -roof permits have been issued so far in the month of June. This has led to an increase in the number of daily inspections performed by the department from an average of 60 inspections performed a day, to an average of 80 inspections performed a day for the last 6 weeks due to the recent hail storm. As a result staff has shifted funds to increase the overtime budget from the originally approved $9,700 to $27,811 to allow staff to work an additional hour in the morning preparing the daily inspection list /route and completing required documentation for each property owner. Staff has been working to find a long term cost effective solution to the challenge created by increased permit activity, the goal of shortening and stabilizing the plan review and inspection time and ensuring that plans are thoroughly reviewed and inspections appropriately performed. To that end, Council approved the addition of two employees in the department over the last 5 years. In FY 2014- 15 a position was added mid -year for a Building Inspector and a Plans Examiner was added in FY 2017 -18 in hopes that this would help the department deal with the high influx of work. However, there have been challenges filling and or keeping the Building Inspector position filled with a qualified individual. The department promoted one of the Building Inspectors to Plans Examiner which has left a vacancy in the department since December 1, 2017. The department is currently looking at a different approach to fill this position which will involve a large amount of training classes and on the job supervised training. Training a new Inspector without any certifications, licenses or a background in construction will take several years. A :Building Inspector costs the City a weighted salary of $60,947 a year but does this does not include the cost of lost work time for training. In general an inspector should perform 1.5 inspections per day, as this provides sufficient time for the inspector to perform quality inspections and still allows for participation in training /code discussions with the Building Official and meetings with customers. However, there are factors that can influence this range in number either higher or lower such as travel time, complexity of projects, etc. For example: Different inspection types take different lengths of time - from 15 minutes to 4 hours. For example, a water heater inspection or roof felt or roof final inspection generally take 15 minutes; a residential framing inspection which includes an electrical and mechanical rough -in and top out generally takes 45 minutes to an hour; and a large commercial building inspection can take up to 4 hours. These examples do not include drive times. The provided number of projected inspections to be performed by an inspector was based on information obtained from the Insurance Services Office (ISO) and Zucker Report for the City of Austin Inspections Department, which was a 3rd party review of development services in Austin. The range of inspections recommended by those reporting agencies range from 1.0 to 15 inspections per day per inspector. Schertz Inspectors typically exceed the recommended 15 inspections per day. BB Inspection service is able to provide the City with a team of Inspectors that work extended hours to get all of the overflow inspections completed on the day the inspection was requested. As a result of the increased permit and inspection activity over this fiscal year and a significant loss in staff time due to the inability of fill all positions, staff has increasingly had to rely on the contract inspections firms, primarily BB Inspection Services. On May 1, 2018 the Council authorized an increase in the budget from $200,000 to $270,400 which was funded from increased commercial permit revenue. At that time staff did not estimate such a large increase in re -roof permits, as these permits had just begun to increase. The department projected revenues of $2,01.6,827 for the FY 2017 -18 budget year. As of June 21, 2108 the department has generated revenues in the amount of $2,522,028.28 which is $505,201.28 above the year's original projected revenues with 3 months left in the fiscal year. Staff recommends recognizing an additional $100,000 from the additional revenues generated by permits to continue 3rd party inspection and plan review services. If this Ordinance is recommended for approval staff anticipates bringing a resolution to allow an increase in expenditures with BB Inspection Services at the next meeting when this ordinance has a final reading. SUMMARY OF RECOMMENDED ACTION Approval of Ordinance 1.8 -T -22 approving the budget adjustment. HMWO • ' • 4" This ordinance will have no fiscal impact on the General Fund Budget. The requested budget increase of $100,000 for additional inspection services will be funded by additional permit revenue above the original budgeted projections and will not cause any decrease in General Fund balance as a result. Approval of First reading Ordinance No. 18-T-22 ATTACHMENT Ordinance No. 18-T-22 ORDINANCE NO. 18 -T -22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET TO INCREASE THE BUDGET FOR 3RD PARTY INSPECTION SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 17 -T -30, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 2017 -2018 (the "Budge ), which provides funding for the City's operations throughout the 2017 -2018 fiscal year; and WHEREAS, the City needs to increase the budget by $100,000 for additional 3rd party inspection services; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; 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 an increase the budget for 3rd party inspection services, 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 increase the budget for 3rd party inspection services and recognize additional permit revenue in the amount of $100,000. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 26th day of June 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 10th day of July CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: City Manager's Office Subject: Ordinance No. 18 -R -75 — Consideration and/or action approving a Resolution authorizing the acceptance of Parkland and dedication of an easement generally at Wiederstein Road and FM 3009. (B. James) Staff was approached in 2015 by the owner of the tract of land generally to the south of the intersection of FM 3009 and Wiederstein road. This tract has frontage on FM 3009, but does not have frontage on Wiederstein Road, because of the car wash site at the corner and the parkland owned by the City of Schertz that extends in a narrow strip along Wiederstein Road. The owner of the tract at the time was trying to determine how their tract could access Wiederstein Road. Because the City's land is parkland, the city cannot simply sell them this property or grant an access easement. Rather, the City has to find a public benefit to granting access — one that improves the park and its use by the public. Because of the park property's shall size and limited depth, the City has not been able to find a way to improve it for the public to use. The approach Staff has discussed would provide vehicular access through the existing park property to the privately owned tract, the dedication of additional land for parkland (creating a park deep enough off of Wiederstein Road that can be used as a trailhead to access the sidewalk and hike and bike trail network on Wiederstein Road and FM 3009), the granting of a parking easement to the City so the public can park on 10 designated /signed spaces on their parking lot to access the trailhead. The owner of the privately owned track would be responsible for constructing the access drive and building the parking spaces. This is generally shown on the attached graphic. Staff presented a similar concept to the City Council on November 17, 2015 and the City of Schertz Parks & Recreation Advisory Board on November 30, 2015 to discuss the concept with them. They were both supportive. Staff indicated that we would update them as discussions with the property owner and a future developer progressed. Revolution Church is developing the property and Council considered a rezoning request to allow the church. At that time this concept was mentioned. In an effort to allow the church to have clarity on this issue to proceed with development, staff is seeking approval from council to enter into all necessary agreements to bring this about. Goal City Council Memorandum Page 2 Approval of Resolution 18 -R -75 to allow staff to continue to work with the property owner to grant an access easement across the park property in exchange for dedication of additional parkland, dedication of a parking easement and construction of the access drive and parking. Community Benefit This provides for additional parkland which creates a usable trailhead area and provides for public access to public parking to use that trailhead. Summary of Recommended Action Staff recommends Council approve resolution 18 -R -75 authorizing the City Manager to enter into all necessary agreements to accept the land and easements and grant the access easement as outlined above. Authorizing the City Manager to enter into those agreements as allows flexibility for the exact location of the access drive, parking and park layout. FISCAL IMPACT The property owner will construct the access drive and parking. At some point in the future the City will need to construct the trailhead. RECOMMENDATION Staff recommends approval of Ordinance 18 -R -75. ATTACHMENTS Resolution 18 -R -75 Park Graphic RESOLUTION NO. 18 -R -75 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO ALL NECESSARY AGREEMENTS TO ACCEPT PARKLAND AND EASEMENTS AND GRANTING AN ACCESS EASEMENTS TO PROVIDE FOR ACCESS TO THE CITY OWNED PARKLAND ON THE SOUTH SIDE OF WIEDERSTEIN ROAD TO THE WEST OF FM 3009; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF SCHERTZ IN ALL MATTERS RELATED TO THE APPLICATION; AND OTHER MATTERS IN CONNECTION THEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I r 1 WHEREAS, the current City owned parkland on the south side of Wiederstein Road just west of FM 3009 is too small and inaccessible to utilized by the public as parkland; and WHEREAS, the City currently has to maintain this property that is not being used by the public; and WHEREAS, the City of Schertz desires to provide access to the existing and future hike and bike trail network and sidewalk network given the priority of this infrastructure as outlined in the City's Parks Master Plan; and WHEREAS, the adjacent property owner is willing to grant additional land to approximately double the size of the current City parkland, generally as shown on the attached Exhibit A; and WHEREAS, the adjacent property owner, in exchange for the City granting of an approximately 50' wide access easement across the existing park property, will dedicate additional parkland, construct an access drive in the easement and dedicate an adjacent parking easement and construct 1.0 parking spaces in that easement for use by the public to access the enlarged parkland; and WHEREAS, the City Council has found significant public benefit to improving the City's park system by increasing the amount of parkland and providing access to parkland that currently is not accessible by the public; NOW THEREFORE BE IT RESOLVED BY THE CITY OF SCHERTZ CITY COUNCIL, that: Section 1. The City Council hereby authorizes the City Manager to act on behalf of the City of Schertz in all matters related to the above mentioned dedication of parkland and easements. 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 26th day of June, 2018. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A AMMFI� NNW � bi w 0 LC Rl-""In LU RLC A A A i�kil 1JR PLA Cpl1f&WOL1111041INU 10I01 [o7 710 Rod 1 City Council Meeting: June 26, 2018 . Department: Subject: BACKGROUND Informational Only 14A Fleet and Facilities Recreation Center (YMCA) Remodel Scope of Work Update In October, 2017 a serious water leak was discovered within the walls of the male and female locker rooms at the Recreation Center. These leaks had been occurring for a significant period of time but were hidden behind tiled walls that prevented the water from exiting into normally dry areas. The water was present long enough that several of the metal wall studs within the shower stall walls were completely rusted through. Once the leak became evident (two small tiles fell off the wall allowing water to exit the walls) Facilities staff recognized the presence of mold in the male shower stalls. This mold was remediated and the decision was made to remove all dry wall and other mold areas to a level where the evidence of water did not exist. This action resulted in walls in both the male and female locker rooms being removed over six feet up from the floor in several locations and then . the damaged wall studs were discovered. At this point, staff decided to demolish all the shower stalls including walls, plumbing and floors. It was also necessary to extend this demolition into the sink areas of the restrooms on both sides. During this demolition work, staff went into the crawl space under the Recreation Center to see if any of the water leaks had created any issues within the crawl space under the facility. While there, it was determined that we had a leak from the janitor sink located in the janitorial closet within in the female locker room (repaired by a license plumber so the janitor closet could continue to be used). Additionally, staff discovered that the ground in the crawl space was not covered and there was no exhaust fan system that would be necessary without this ground cover. Additionally, staff discovered that the sump pump system in place to clear out water that could make its way into the crawl space was inappropriately installed and needed to be redesigned and repaired. Due to the extensive nature of the damage in the locker rooms, staff determined the right repair would be to re- design the restrooms and then complete the remodel of both rooms. While the work was in progress, staff also determined that repairs should be made to the crawl space so that all identified issues with the building would be corrected in a single project. LPA Architects were contracted to design the new locker rooms and to design the appropriate repairs to the crawl space areas. The project was bid out and Council, on May 22"d, City Council approved awarding the bid to Crownhill Builders, Inc. Since then, work has been done to get the construction contract signed and all logistics completed to allow work to start as soon as possible. The construction details are: • Complete demolition of the inside of both locker rooms including benches with the exception of the lockers themselves. This includes all walls within the current locker room perimeter walls, showers, shower stalls, toilet fixtures, sinks, counters, all plumbing associated with all the fixtures, floor tile, ceiling the and suspension systems, light fixtures, and HVAC ducts within the construction area. • New work includes the construction and installation of all the items listed above and will include new and properly installed waterproofing /moisture resistant materials in all wet areas. • Work slated for the crawl space will consist of correcting the current improper installation of the sump and sump pump and the installation of a ducted exhaust fan to remove water vapors from the crawl space to the exterior of the building. • The work is anticipated to be accomplished within 140 calendar days from the start of construction. • Construction start date has not been set but is tentatively scheduled for the 2nd week in July. • The City will supply portable restrooms for patrons of the Recreation Center during construction. Showers will continue to be available in the aquatic center. Staff will continue to keep Council up to date on the progress of the remodel project throughout the work phase of the project. Informational Only 14B CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 . Department: Public Affairs Subject: Information regarding the upcoming 4th of July Jubilee Event. (S. Gonzalez /L. Klepper /M. Spence) BACKGROUND Since 1976 an annual 4th of July Jubilee has been held in Schertz. This event fosters a sense of civic pride, helps to showcase the City and reminds those to celebrate of the sacrifices and achievements of those who came before them. This year's 43rd Annual 4th of July Jubilee will take place on Wednesday, July 4, and will commence with families lining Schertz Parkway, Main Street and Oak Street to welcome an anticipated 200+ runners and 100+ parade entries with 500+ participants. Following the 5K run, parade and opening ceremonies, the event will feature live music, festival food, crafter vendors who sell homemade products, local business information booths, and a carnival for families to enjoy. A fireworks show completes the evening with spectator numbers estimated in the thousands, creating a sea of people in Pickrell Park who come out to celebrate the Nation's Independence Day. Kicking off the Jubilee celebration will be the `Let Freedom Run' 5K at 9:15 AM from the Schertz Civic Center. Participants will follow along the same route as the parade. The "Only in America" themed Jubilee Parade will be staged along Elbel Rd. between FM 3009 and Schertz Parkway. The staging area will close beginning at 6:00 AM through approximately 11:00 AM. At 9:30 AM the parade will step off at the intersection of Elbel Rd /Schertz Parkway and will end at the disbanding area on Pecan Dr. and FM 1.51.8. The day continues at Pickrell Park with the opening ceremonies for Jubilee under the large pavilion. A variety of food items, beverage options, craft - business - retail vendors, along with a family carnival, will open at 1.1:00 AM. At 1.2:30 PM Mayor Carpenter will officially welcome the community and kick off the event. Live music begins at 5:00 PM on the large stage in the park. Scheduled to appear are Marcy Grace at 5:00 PM followed by Jesse Stratton Band at 7:00 PM. To honor America, the Star Spangled Banner will be played just before the grand finale fireworks show. Sponsored by H -E -B, the show will begin at approximately 9:1.5 :PM. To register for the 5K and /or the parade, and for more general information about the planned festivities for the day, please visit the event_ on the city website. Informational Only 14C Cpl1f&WON111041INU 1110 [17 710 UK] 1 City Council Meeting: June 26, 2018 . Department: Management Subject: Pending informational item status ffG !'1 1 Below is a list of informational items that have been requested by Council and their proposed due dates: • Update regarding the City Credit Card policy 7 -24 -2018 to Council (Requested by Councilmember Davis) • Workshop /presentation by City Attorney initial 8-7 -2018 to Council framework regarding social media of councilmembers. (Requested by Mayor Carpenter /Mayor Pro -Tem Scagliola) • Update regarding recycling (larger recycle bins) 8 -14- 2018 to Council (Requested by Councilmember Edwards) Workshop Summary A CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: City Managers Office Subject: Discussion regarding goals and philosophy of the City's Parks & Recreation facilities and agreements involving the operation of those facilities. (Item requested by Mayor Carpenter and Councilmember Davis) (B. James /K. Woodlee) As part of the presentation on Parks and Recreation fees at the April 3, 2018 meeting, a request was made that staff come back with a workshop item about the goals and philosophy behind how the City's parks facilities are utilized, including the agreements for operation of those facilities. Staff was also asked to provide an overview of the anticipated life cycle of those facilities as part of the presentation. The City has contracts with BVYA, SYSA and the YMCA to license or operate a number of city facilities including baseball, soccer and practice fields as well as operating or licensing the outdoor pools, recreation center, natatorium, and Senior Center. The City also leases the community center to private organizations involved in recreation — twirling for example. In general, the City has been willing to subsidize a portion of the cost of operations and maintenance of these facilities with the goal of broad utilization by Schertz residents as well as the residents outside of Schertz. Some of these agreements make provision for higher rates for nonresidents while others do not. Additionally, while the agreements allow for use of the facilities by more competitive sports organizations or adults, the overarching goal is to focus on youth recreation sports. The City has relied on outside groups, particularly nonprofits to operate the City's recreation . facilities and provide recreation programs to the community while the city has focused on maintenance. That being said, the City has not invested heavily in capital costs which has led to a decline in older facilities. For the past few years Parks staff has focused on improving efficiencies, increasing staffing levels and increasing maintenance budgets to start catching up. Staff is proposing to also begin looking to better understand what would be required to take over operations of some of these facilities to provide an additional option to. Two key components of this are operating costs and challenges associated with growing the staffing level quickly. Workshop Summary B CITY COUNCIL MEMORANDUM City Council Meeting: June 26, 2018 Department: City Secretary Subject: Discussion regarding the Interview Committee for Boards Commissions and Committees structure discussion and possible action. (Item requested by Councilmember Larson) One way for the City of Schertz citizens to actively participate in local government is to become involved as a member of a board, commission, or committee. All members of these active groups are volunteers whose charge it is to make decisions and advise the City Council on several issues from expenditure of public funds to zoning questions. The City Charter and ordinances authenticate the existence of each board, commission and committee and establishes them as legal arms of city government. All board, commission or committee members are residents who, after filling out an application are appointed by council members and/or the mayor. As you know, the volunteers of the community play a vital role donating their time on our various City Boards, Commissions and Committees. Since before 2007 the City has had an Interview Committee. Originally the makeup consisted of the current Mayor and two Councilmembers who expressed their desire to be on the committee. Sometime in early 2012 it was discussed that we should also include members of the current boards /chairs who have a long- standing relationship with the City to also be a part of the interview process. At that time, it was decided to include the Chair of Planning & Zoning, the Chair of Economic Development Corporation and another long- standing Economic Development Corporation Board Member to be on the Committee. In May of 2017 the current Chair of the Planning and Zoning Commission left the city, and that member of the committee became vacant. In December of 2017 . a current Councilmember discussed Council Liaison positions and vacancies. At that time Councilmembers Davis, Edwards, Crawford and Mayor Pro -Tem Scagliola expressed interest in serving. Councilmembers Davis, Edwards and Crawford were appointed to the Interview Committee with Mayor Pro -Tem Scagliola being an alternate member. City Council Memorandum Page 2 Other current members include Mr. Tim Brown, EDC Chair, Mr. Roy Richard, EDC Board Member. Staff liaisons are Acting City Manager :Brian James and City Secretary Brenda Dennis. The City Secretary's Department has contacted nearby cities to see how their council appoints members to their various boards, commissions and committees. The cities of Cibolo and Live Oak have the applicants attend a Council meeting, where City Council calls them up and asks questions, and the applicants provide a brief overview of themselves. At that point their Councils appoints the members. The City of Universal. City members are appointed each year by the Mayor subject to confirmation by the majority of the City Council. FISCAL IMPACT None RECOMMENDATION Staff recommends Council discuss the Interview Committee structure but also suggests the possibility of passing a standing committee resolution for the purpose of appointing a standing committee to conduct interviews of candidate volunteers for the cities various boards, commissions and committee. (See attached example) COUNCIL RULE 18 -CR- A RULE ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, PURSUANT TO THE CITY COUNCIL RULES OF PROCEDURE, ESTABLISHING AN INTERVIEW COMMITTEE EXISTING OF SIX MEMBERS AND ONE ALTERNATE; THREE COUNCIL MEMBERS, AND THREE MEMBERS FROM CITY BOARDS, COMMISSIONS OR COMMITTEES TO INTERVIEW POTENTIAL BOARD, COMMISSION OR COMMITTEE APPLCANTS AND MAKE RECOMMENDATIONS TO THE FULL CITY COUNCIL FOR APPOINTMENTS. The City Council, in an action appurtenant to its Rulds ofPrc does hereby establish a Committee to be called The Intery conduct of the operation of the City government, �twith such di inconsistent with the Charter, the Code of £Ordinances, of selection of members shall be as determined by the Council if Code of Ordinances, or State Law. Persons related withiw t consanguinity to the Mayor or any in er of Council s , standing committee so appointed shall he powers other than City Manager, except as otherwise specified by t ; Charter, 1 Law. The committee shall the City Council per,' The committee shall meetings the Texa -e shall it three mem The committe ceases to exist -edure, Article 11, Section 11. l, ew Committee'" to assist in the sties as Council'rnay specify not State Law. Membership and not specified by the Charter, the ie second degree by affinity or J11 "not be eligible to serve. No advisory to the Council or to the he Code of Ordinances, or State its designation and shall report its findings to in accordance with state law and particularly its )lc so as to comply with the several provisions of of six members and one alternate: Three Council Boards, Commissions or Committees. formed and existing upon passage of this rule. The committee is terminated. Michael R. Carpenter, Mayor