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02-26-2019 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 26, 2019 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Sc hertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treats Work together cooperatively as a tea PLAYSCAPE RESTROOM BUILDING RIBBON CUTTING TO OCCUR BEFORE THE COUNCIL MEETING 5:00 P.M. 529 Westchester Drive, Schertz Opening Prayer and Pledtes of Allegiance to the Flat of the United States and State of Texas. (Councilmember Scagliola) City Events and Announcements Announcements of upcoming City Events (B. James /S. Gonzalez) Announcements and recognitions by the City Manager (M. Browne) Announcements and recognitions by the Mayor (M. Carpenter) Employee Recognition and Presentation • 30 Years of Service Recognition: Harry Hewlett Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding 2 -26 -2019 Council Agenda officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Discussion and update on the next steps of the Employee Engagement Survey. (B. James /S. Gonzalez /L. Cox) • Discussion and update regarding the Main Street Committee effort. (B. James) 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 February 12, 2019 and Special meeting of February 19, 2019. (B. Dennis /G. Wilkinson) 2. Ordinance No. 19 -T -06 — Consideration and /or action approving an Ordinance of the City Council of City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018 -19 Budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (B. James /J. Walters) 3. Ordinance No. 19 -D -08 — Consideration and /or action approving an Ordinance amending the City of Schertz Code of Ordinances by revising Section 86 -115, maximum limits establishing a speed limit on IH 35 Main Lanes and IH 35 Frontage roads. Final Reading (B. James /K. Woodlee /C. Palomo) 4. Resolution No. 1.9 -R -21 — Consideration and /or action approving a Resolution authorizing the City to enter into an agreement with Spectrum for new connections for disaster recovery dispatch services at the Bexar Metro 911 location and other matters in connection therewith. (B. James /M. Clauser) 5. Resolution No. 19 -R -22 — Consideration and /or action approving a Resolution authorizing a revised City of Schertz Investment policy and strategy. (B. James /J. Walters) 6. Resolution No. 19 -R -23 - Consideration and /or action approving a Resolution authorizing the acceptance of the 2018 Annual Racial Profile Report, and other matters in connection therewith. (B. James /M. Hansen /M. Bane) 7. Resolution No. 19 -R -24 — Consideration and /or action approving a Resolution authorizing On -Call contracts for Pump & Motor Maintenance with Advanced Water Well Technologies and Austin Armature and other matters in connection therewith. (B. James /J. Hooks) 2 -26 -2019 City Council Agenda Page - 2 - 8. Resolution No. 19 -R -25 - Consideration and/or action approving a Resolution authorizing the acquisition of an additional permanent easement and property necessary for the completion of relocating pipelines and appurtenances related to the FM 1103 Road Widening project. (B. James /J. Hooks) Discussion and Action Items 9. Resolution No. 19 -R -26 — Consideration and /or action approving a Resolution authorizing a contract with C -3 Environmental Specialties relating to the construction of the 2018 Drainage Maintenance Projects. (B. James /D. Letbetter /S. McClelland) Roll Call Vote Confirmation Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers 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 10. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding Water Pressure Concerns. (B. James /J. Hooks) • Mayor and Council compensation adjustments. (Item requested by Councilmember Edwards) (B. James /J. Walters) • Social Media Update. (M. Browne /S. Gonzalez) Roll Call Vote Confirmation Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 22nd DAY OF FEBRUARY 2019 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 2 -26 -2019 City Council Agenda Page - 3 - gRENDA TENNIS Brenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 2019. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. 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. 2 -26 -2019 City Council Agenda Page - 4 - 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 Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Main Street Committee — Chair TIRZ II Board Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Schertz Animal Services Advisory Commission Audit Committee Investment Advisory Committee Schertz - Seguin Local Government Corporation - Alternate 2 -26 -2019 City Council Agenda Page - 5 - Workshop A CITYICOUNCILB✓IEMORANDUME E E CityWouncilB✓Ieeting:E E E E E Department: EE E E E E E Subject:E E BACKGROUND Februaryl26,I2019E CityB✓Ianager/HumanlResourcesE Discussion and update on the next steps of the Employee Engagement Survey At the November 27, 2018 City Council meeting, staff presented the results of the 2018 Employee Engagement Survey. Staff also discussed the "Best Practice Workshops ", an idea developed out of looking for practical ways to take next steps with the survey results. The Best Practice Workshops are groups that are comprised of Facilitators, or those Department Heads that scored higher in a survey construct and Attendees, or those Department Heads who scored lower in a survey construct. Led by the Facilitators, these workshops were planned to take place over a five -month period, beginning in January 2019. The ultimate goal of these workshops is for departments to learn from one another, to develop SMART (specific, measurable, achievable, realistic and timely) goals with defined action plans tied to them, and to communicate and involve all staff through the process. Staff is here tonight to provide Council with an update on how the workshops have been going. CITYICOUNCILIMEMORANDUME y Workshop B CityWouncilD✓Ieeting:E E E E Februaryl26,I2019E E Department: EE E E E E CityfldanagementE E Subject:E Discussion and update regarding the Main Street Committee Effort E BACKGROUND On February 12, 2018 the Main Street Committee met to discuss the plan going forward for Main Street. Staff is briefing the full Council on the plan for going forward with the Main Street Improvements project. ATTACHMENTSE Main Street powerpoint III NIXON MINOR I B. James February26, 2019 • Parking Lot Improvements - $350X0 (EDC potentially) . Stand alone project • $400,000 (Bond funds) • Bump Outs � $150,000 (Bond funds) • Decorative Lighting - $200,000 (Bond funds) . process potentially) • Ornamental Benches and Trash $50,000 (Bond funds) Montiments - $220,000 (Bond funds) COMMUNITY SCHHERTZ I So MOM • Parking Lot Improvements • Stand alone project or with r • Parking cleanup r laydown machine • Striped first week of March • Signs up at same time if not prior .� a Sidewalk — $400,000 (Bond funds) Bump Outs - $150,000 (Bond funds) Construct with Sidewalk projects from general fund (spring) Decorative project Stand along - Crossvine style ornamental spring) ,. #. SCHHERTZ COMMUNITY I PUNT • Ornwnental Benches and Trash cans and paving as needed , 000 (Bond funds) Perha s ooner if won't be damaged with other r $220,000 (bond funds) ---- waiting on survey from sidewalk to gauge space available e Present to EDC at February 28 � 11111111111111111 �.. 1111111� III �i * Fee Waiver Creation of Main Street Mixed Use District * Historic Main Street relocated 4, Movin on Main and t to try Change t value no longer current cumulative and is based on assessed value) * Schertz Main Street Local Flavor Economic Development Program 4, Funding for Schertz Main Street Local Flavor Development Program proposed �..Ai Going r Steps: Discuss project i Schertz Economic Development Corporation identify i ng opportuniti t M1260 l � • Agenda No. 1 CITYWOUNCIL]MEMORANDUME E E CityICouncilD✓Ieeting:E E E E Februaryl26,12019E E Department:EE E E E E City]SecretaryE E Subject:E MinutesE E BACKGROUND The City Council held a Regular City Council meeting on February 12, 2019 and a Special Town Hall meeting on February 19, 2019. E FISCALBMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of February 12, 2019 and the minutes of the Special Town Hall meeting of February 19, 2019. E ATTACHMENTSE E Minutes of the regular meeting of February 12, 2019. Minutes of the special meeting of February 19, 2019. E E E E E E E E SK E MINUTES REGULAR MEETING February 12, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 12, 2019, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Pro -Tem Allison Heyward Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Tim Brown Mayor Michael Carpenter was absent. Staff Present: Assistant City Manager Brian James City Secretary Brenda Dennis E Mayor Pro -Tem Heyward called the order at 6:00 p.m. Councilmember Edwards the Flags of the United Sta E CitylEventsEndRnnoun E • Announcements of E The following annc Councilmember Councilmember Scagliola Dr. Mark Browne Daniel Santee ecretary Gayle Wilkinson a short delay for residents to arrive) to nitedlStatestindlStatel3fE followed by the Pledges of Allegiance to Events (B. James /S. Gonzalez)E were provided: • 2/15: Daddy /Daughter Dance, 6:00 p.m. Schertz Civic Center • 2/18: City offices closed due to observance of President's Day • 2/19 Schertz Chamber luncheon, 11:30 Schertz Civic Center • 2/19: Council on the Go meeting, Ray Corbett Junior High, 6:30 to 7:00 p.m. meet and greet, meeting begins at 7:00 p.m. • 2/23: Selma/Schertz Salute to Service Members 5K Run/Walk/Roll, 7:30 a.m. Bluebonnet Palace, 17630 Lookout Road, Selma, register online at www.RRPTiming.com • 2/23: 6 -9 pm at Crescent Bend Nature Park- Star Party 02 -12 -2019 Minutes Page -1- • 2 -26: 5:00 p.m., Community Playscape Restroom Ribbon Cutting, 529 Westchester Drive, before City Council meeting. • Announcements and recognitions by the City Manager (M. Browne)E City Manager Dr. Browne recognized Public Affairs Director Linda Klepper and Communications Manager Melissa Geedman for their work on the State of the City video. HearinijbflResidentsE E Mayor Pro -Tem Heyward gave an opportunity for residents to regarding the need for the city to investigate updating their Fu Plan /Zoning Plan and Sector Plan on the South Side to allow c properties: • Mr. Wayne Ashabraner, Boerne TX — First America • Larry Hartmann, Blanco, TX • Bryan Bryson, 22906 Fossil Peak. S.A. TX • Ed Basha, 637 Santa Clara Loop, Marion TX • Alfred (Happy) Fluitt, 528 Appaloosa Run, Round 1 • Landon Kane, 22718 Fossil Peak, San Antonio, TX • John Del Toro, 3351 Harvest Crest, Marion, TX • Todd Burek, 22711 Fossil Peak, San Antonio, TX rd and the following spoke rid Use Plan /Development to be able to sell their Property IN Mayor Pro-Tern Heyward recognized the following who also spoke: • Mr. Brent Bolter, 2633 Cloverbrook Lane, who spoke about the topic of community concern., regarding social media posts. • Mr. Johnie McDow, 3640 Prairie Lane, who provided updated information regarding the activities of BVYA. Mayor Pro -Tem Heyward read the following consent agenda items: made a motion to add Item 7 & Item 8 to Consent Agenda. Councilmember Edwards stated typically the first reading of an Ordinance was not put on the Consent Agenda. Mayor Pro -Tem Heyward recognized Councilmember Larson who moved seconded by Councilmember Gutierrez to move Item 7 & Item 8 to Consent Agenda. Thel3notionE failedEvith] layorB' ro- TemHleyward, lCOUncilmembersIGutierrezhtndH .arsonKotingE yes& nd]ECouncilmembersEDavis, EEdwardsEScagliolaFandl ±Brown&otingEho.InlotionE Failed.IE 02 -12 -2019 Minutes Page - 2 - Councilmember Larson asked for Point of information from Assistant City Manager B. James on putting first readings on Consent Agenda. Councilmember Scagliola asked to pull Item 6 from Consent Agenda. I Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of February 5, 2019. (B. Dennis) The following was read into record: Approval of the minutes of the regular meeting of F 2.E 0rdinaneeENo.E19-M-07E— Consideration authorizing a Reimbursement Agreement wi water line extension associated with the di and establishing an effective date hereof. Fina) E The following was read into record: CEINO.IR9- 19. -.ion approving an Ordinance LLC., for construction of a of the Schertz Retail Center; . James/J. Hooks) ANEORDINANCEEBYETHEECITYECOUNCILEOFETHEECITYEOFESCHERTZ,E T EXASFAUTHORIZINGFAIREIMB URSEMENTFAGREEMENTEWITHIESCH1103 ,E LLC.,EFORICONSTRUCTIONK)FFABVATERFLINEIEXTENSIONFASSOCIATEDE WITHETHEEDEVELOPMENTEOFETHEESCHERTZERETAILECENTER;EANDE ESTABLISHINGANIEFFECTIVEIDATERIEREOFF,WinallReadingE 3.E OrdinancehNo.fl 9-K-05E- and terminating vehicular n( The Reserve at Schertz 11, U The following was read into ,-isideration and/or action approving an Ordinance releasing iccess easements on Lot 3, Block 18, and Lot 27, Block 14, 4. Final Reading (B. James / L. Wood / E. Delgado) V I V HEREOFKIFinallReading E 4. OrdinancefNo.E19-S-04F, Consideration and /or action approving an Ordinance on a request to rezone 802 Main Street, approximately 0.24 acres of land, from General Business District (GB) to Main Street Mixed Use District (MSMU). Final Reading4B. James/L. Wood/E. Delgado) 02-12-2019 Minutes Page - 3 - The following was read into record: ORDINANCEINO.119-S-04E E ANEORDINANCEEBYETHEECITYECOUNCILEOFETHEECITYEOFESCHERTZ,E TEXASFAMENDINGITHEK)FFICIALIZONINGEqAPEBYtREZONINGF802EqAINE STREET,E APPROXIMATELYE 0.24E ACRESE OFE LANDE FROME GENERALE BUSINESS fDISTRICT,I(GB)ff OR4AINESTEETBlIXEDHJSEIDISTRICTI(MSMU),IE FINALIREADINGE 5. ResolutionlNo.13 9-R-I 8 — Consideration and/or an extension agreement with Buffalo Valley Shrum) The following was read into record: RESOLUTIONINO.IH AIRESOLUTIONIBYffHEWIT AUTHORIZINGE ANE EXTEN AGREEMENTEWITHE]rHEEBI OTHERIMATTERSUNCONNI Mayor Pro-T Councilmeml wittifflayorl Scagliolabm E E 6. ResolutionE No.E Supporting the Ai Zone Number Two E The following was E solution authorizing IYA). (B. James/L. [-IEWITYK)FISCHERTZ,UEXASE PUBLICE FACILITYE LICENSEE 'EVOUTHFASSOCIATION,FANDE rd recognized Councilmember Edward who moved seconded by to approve consent agenda items 1-5. TheKote][WasIbnanimousE leyward,]CouncilmembersH)avis,]Gutierrez,lLarson,]Edwards,E )tingEorkindlholbneKotinglbo.]]MotioniPassed.W -19 — Consideration and/or action approving a Resolution -d and Restated Development Agreement for the Reinvestment ,iated with the Sedona & Crossvine Project. (B. James) into record: RESOLUTIONINO.IB9-R-19E AIRESOLUTIONIBYffHECITYWOUNCILK)FUHEWITYR)FISCHERTZ,ffEXASE SUPPORTINGE THEE AMENDEDE ANDS RESTATEDE DEVELOPMENTE AGREEMENTWORFYHEHZEINVESTMENTEZONEENUMBERFYWO,ISEDONAI&E CROSSVINEIDEVELOPMENTIPROJECT.E E 02-12-2019 Minutes Page - 4 - E 7. 10 Councilmember Scagliola stated he was still unclear about the purpose of Resolution No. 19 -R -19. Assistant City Manager Brian James provided clarification. Mayor Pro -Tern Heyward recognized Councilmember Scagliola who moved seconded by Councilmember Davis to approve Resolution No. 19 -R -19. TheEvoteEwasEbnanimousE withiMayorH' ro- TemHIeyward, WouncilmembersIDavis ,IGutierrez,H. arson, ]Edwards,E ScagliolaHndIBrownI votingf forHndlbolbneKotinghio .lBlotionIPassed.]E 0rdinanceINo.R9- T -06E- Consideration and /or action approving an Ordinance of the City Council of City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018 -19 Budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. (First Reading) (B. James /J. Walters) The following was read into record: ORDINANCE]NO.H 9 -T ANIORDINANCEIBY] THEICITY ]COUNCILIDFHHENCITYE OFE SCHERTZ,E TEXASEAUTHORIZINGEANEADJUSTMENTEIrOETHEEFISCALEYEARE2018 -19E BUDGET,IREPEA. LINGaLLIDRDINANCESIORIPARTSIE OFIDRDINANCESSNE CONFLICT]WITHUHISIE ORDINANCE;E ANDS PROVIDINGE ANE EFFECTIVEE DATEI(FirstEeading)E Mayor Pro -Tem Heyward recognized Finance Director James Walters who introduced this item providing information on the adjustment and answered questions from Council. Mayor Pro-Tern Heyward recognized Councilmember Edwards who moved seconded by Councilmember Scagliola to approve Ordinance No. 19 -T -06 on first reading. ThewoteE wasEhnanimousI BvithtMayorTFro- TemFReyward, BCouncilmembersH)avis ,W-.utierrez,E Larson,I+Edwards,ESeagliolaFa ndFBrownEvotingfforFandEhoFone &otingl+ho.EFMotionE Passed.IE OrdinanceENo.E 19- D -08E— Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances by revising Section 86 -115, maximum limits establishing a speed limit on IH 35 Main Lanes and IH 35 Frontage roads.First Reading (B. James /K. Woodlee /C. Palomo) The following was read into record: ORDINANCEINO.R 9 -D -08E ANEORDINANCEEBYETHEECITYECOUNCILEOFETHEECITYEOFESCHERTZ ,E TEXAS IiPROVIDINGETHATETHEIRCODE EDFmRDINANCESBDFETHEflCITYfDFE SCHERTZ,Er EXAS, IBEIAMENDEDIBYIREVISINGISECTIONI86- 115,B4AXIMUME LIMITSIGENERALLYIDNISPECIFICISTREETS .I(Firstkeading)E 02 -12 -2019 Minutes Page - 5 - Mayor Pro -Tern Heyward recognized Assistant City Manager Brian James who introduced this item providing information on the need for the speed limits and answered questions from Council. Mayor Pro -Tem Heyward recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Ordinance No. 19 -D -08 on first reading. TheKoteE wasFananimousBrvithE VIayorEP ro- TemIlieyward, BCouncilmembersEDavis ,F[;utierrez,E Larson, FEdwards, EScagiiolaandFBrown& otingfforFandEhoFoneaotingEno .fD4otionE Passed.IE E RoIlWallWoteConfirmationE E Mayor Pro -Tem Heyward recognized Deputy City Secretary Gayle Wilkinson who provided the roll call votes for items 1 -8. E Reg uestsliindEknnouncementsE E • Announcements by the City Manager. City Manager Dr. Browne noted he has had great success learning from and visiting different departments in the city. • Requests by Pro -Tem Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Edwards requested an update on Social Media. City Manager Mark Browne stated that the Public'' Affairs Department can provide updated information in their packets. ilmember Scagliola requested a discussion on Development Agreements due to and a workshop to discuss land use modeled after the Gateway Project. ber Davis requested a discussion /presentation on the Sector Plan. • 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 Councilmember Scagliola attended Frost Bank Cowboy Breakfast and attended the Trail Riders lunch at Pickrell Park. 02 -12 -2019 Minutes Page - 6 - Councilmember Edwards attended a great tour at San Antonio Military Medical Center (SAMMC). Councilmember Gutierrez attended the Frost Cowboy Breakfast, toured the San Antonio Military Medical Center (SAMMC), visited The Center for the Intrepid, and attended the Northeast Partnership Luncheon. Mayor Pro -Tem Heyward toured San Antonio Military Medical Center (SAMMC) and visited The Center for the Intrepid. 9. Information available in City Council Packets - NOIDISCUSSION90K)CCURE E • Update 4th Quarter Financial Report. (J. Walters) • Information regarding costs of CM Transition. (M. Browne /B. Jaynes) Adi ournmentHE E As there was no further business, Mayor Pro-Tern Heyward adjourned the meeting at 7:10 p.m. Pro -Tem ATTEST: Gayle Wilkinson, 02 -12 -2019 Minutes Page - 7 - MINUTESE SPECIALHOWNIIALLIMEETINGE FebruaryH9,I20191E E A Special Town Hall Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 19, 2019, at 7:00 p.m., in the Ray D. Corbett Jr. High School Cafeteria, 12000 Ray Corbett Drive, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Tim Brown Councilmember Mark Davis — absent Councilmember Scott Larson- absent Ctnff PrPCant- Public Affairs Director Linda Klepper,, Waste /Wastewater Manager Jimmy Hooks Mechanic 1 Steve Brozovic Mechanic 1 Stephen 'rillard Tech 1 Irene Chavez Mayor Pro -Tem Allison Heyward Councilmember David cagliola Councilmember Cedric Edwards Brian Jars Analyst -,drew Vincent City Atla 'Clarissa Rodriguez Deputy City Secretary Gayle Wilkinson Assistant Fire Chief Kyle McAfee IT Director Myles Clauser Client Services Tech )Bryon Jackson Lrbr .ry Director Melissa Uhlhorn Muni cip l,Court Administrator Patty Veliz Utility Billing Mgr. Dawn Hardin- Trussell Asst. Utility Billing Mgr. Rodolfo Rosales City Engineer Kathy Woodlee Planner 1 Nick Koplyay Police Officer A. J. Arriaga Deputy Marshal Steve Pulaski Assistant Finance Director Sandra Martin HR Director Jessica Kurz Code Enforcement Officer Jerry Perez Public Works Manager Doug Letbetter Fleet & Facility Service Director Jonathon Harshman Mechanic 1 Eddie Brown Fleet & Facilities Admin Assistant- Judy Vela Meet]AndlGreet$6:3010.m.11 oli:OOIO.m.)E E CallRoK)rderREityEouncilgpecialE rown]HailBleetin2 E Mayor Carpenter called the meeting to order at 7:02 p.m. and provided the pledge of allegiance to the United States flag. E E E 02 -19 -2019 Minutes WelcomeE E Mayor Carpenter took the opportunity to introduce all the Councilmembers who were present. E Mayor Carpenter welcomed everyone and introduced City Manager Dr. Mark Browne providing a brief bio. City Manager Dr. Mark Brown expressed his appreciation for staff, City Council, and Schertz as a community and introduced the 2019 State of the City video. Appreciation was also expressed for the hard work on the 2019 State of the City video by our Public Affairs team including special acknowledgments to Assistant to the City Manager Sarah Gonzalez, Public Affairs Director Linda Klepper, and Communications Manager Melissa Geedman. He asked the audience to allow all presentations by staff to be completed before questions were asked:. PresentationsEe2ardinl !EheEpecificRopics:E E • FMfl51811Jpdate1E City EngineerEKathy Woodlee proA improvements. E • Corbettfranklftojectl pdateE E 1£'roject Managerl6cott McClelland proll update.E Fire Chief • Information on 2U1 /2618 response tithes for stations 1 & 2 • Update nn Engine #3 showing more efficient response times • Update on the new Fire Station #3 and the projected completion 7 -18IBu on the 1518 expansion the Corbett Tank Project Financ6 Jirector James Walters provided information on the city budget to include the current tax rate 'increase which will address parks maintenance, street maintenance, building maintenance as,well,as creating efficiencies for Facility Service & Fleet and Management. • WateriMeterB eplacementIProgramlE Utility Billing Manager Dawniecia Hardin - Trussell Gave an overview of the new meters being installed in Schertz and the projected process and timeframe for this project. She also covered understanding your water utility water bill and where the information can be found. • Questions /Comments.E 02 -19 -2019 Minutes City Manager Dr. Mark Browne directed the appropriate department heads to address questions from the following citizens: • Dr. Sharon Holland 12516 Will Cloudsley — Shrubbery and grass on both sides of the road on 1518, Ware Seguin, and Schaefer Rd. need to be cut. • Rose M. Hendricks 3017 Turquoise — Road work needs to be done on Lower Seguin Rd. • Mike Thomas 7809 FM 1.518 — Concerned about the placement of his mailbox because of traffic. • Mary Wilson 10465 Shadowy Dusk — Questioned the new water meter program and the ability to detect leaks and reporting the leak to the resident. • Raymond Holland 12516 Will Cloudsley — Low water pressure in reference to the new water tank. • Celina Blair 9327 Winding Bloom — Low water pressure in, reference to new housing coming in before the new tank is complete and refuse pile off 78.� • Lynn Rogers 3100 Turquoise — Dangerous traffic flow. Would like a way stop. • Ann Doll 12025 Garden Shoot — Speedi - in her neighborhood from:: people cutting through their neighborhood. • Chris Markulin 9550 FM 1518 - Stated the construction being completed at,the front gates at Randolph will not stop people from taking the alternate route. • Dr. Sharon Holland 12516 Will Cloudsley — Would -like a stop light at 1518 and Ware Seguin Rd. ATTEST: Gayle Wilkinson, 02 -19 -2019 Minutes City Secretary itizens to access for the 1.518 roadwork in the Council on the Go and offered his Michael R. Carpenter, Mayor Agenda No. 2 CITYEOUNCILBIEMORANDUME City ]CouncilB✓Ieeting:E E E E Februaryl26,I2019E Department:EE E E E E CityB✓Ianagement/FinanceE I Subject:E OrdinanceWo.H9 -T -06E An ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2018 -19 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; Final readingE BACKGROUNDE With Ordinance 18 -T -32 the City Council of the City of Schertz approved the annual budget for FY 2018 -19. Staff is proposing to amend the budget to re- appropriate funds for approved Drainage projects in FY 2017 -18 and to increase the drainage budget to purchase a tractor mower and shredder. Also, this adjustment will transfer funds from the Finance personnel budget to the IT software for the new 3rd party personnel services agreement and recognize a contribution for Blue Cross Blue Shield to complete the integration for those services. Finally, this adjustment will set up the Main Street Local Economic Development Program from Resolution 1.8 -R -152 in the General Fund. The City needs to re- appropriate the remaining $878,233.00 for Drainage projects originally approved in FY 2017 -18 and authorize $73,252.00 to be used from drainage bond funds. These projects were pushed into FY 2018 -19: E. Dietz Creek Desilting, Camera River Drainage Improvements, Mesa Oaks Rip Rap, Laura Bluff Water Ponding, Hidden Grove Drainage Improvements, and Green Ridge /Scenic Hills Drainage Improvement. The Green Ridge /Scenic Hills Drainage Improvements would utilize the remaining Drainage bond funds of $73,252.00. The City needs to replace a drainage mower and shredder for $74,348.00. It is proposed to purchase these items from the Drainage fund balance. For the new Payroll Services Contract, the City will need to transfer left over payroll funds from Finance to IT in the amount of $47,000 and recognize an additional $15,000 contribution from Blue Cross Blue Shield to develop an interface between the insurance carriers and the new payroll software. This transfer is in line with the amounts described in the ADP review on January 22, 2019. I The City needs to increase the budget to provide funding for the new Main Street Local Economic Development Program from Resolution 18 -R -152. These cannot legally be taken from the Economic Development Corporation and will come from the General Fund. Investment Income is projecting hiring than budgeted and is proposed to fund the $35,000.00 initiative. CouncilbpprovedKhiskn ,Urstkea ding,&tKbeir ieeting.OlVebruarylf'2,E019.E SummarylUI RecommendedlActionE Approval of Ordinance 19 -T -06 approving the midyear budget adjustment. FISCALHMPACTE This ordinance will roll forward budgeted expenses from FY 2017 -1.8 in the Drainage fund balance, increase the budget to purchase a tractor mower and shredder, and reduce the fund balance by $952,581.00. The Drainage fund balance as of September 30, 2018 was $1,295,505.00 leaving $342,924.00 which is 30% of operating expenses. The transfer of budgeted funds from Finance to IT and the additional revenue from the Blue Cross Blue Shield donation will not affect he General Fund balance. As proposed, the Main Street Local Economic Development Program would be funded by additional investment income and not decrease the General Fund balance. RECOMMENDATIONE Approval of Final reading Ordinance No. 19 -T -06 ATTACHMENTE Ordinance No. 19 -T -06 E E ANEORDINANCEEBYET HEECITYECOUNCILEOFETHEECITYEOFESCHERTZ ,E TEXASE AUTHORIZINGE ANE ADJUSTMENTS TOE THEE FISCALE YEARE 2018 -19E BUDGET,E REPEALINGEALLE ORDINANCESE ORE PARTSE OFE ORDINANCESE INE CONFLICTBVITHff HISK)RDINANCE ;EANDIPROVIDINGUNIEFFECTIVEIDATEE WHEREAS, pursuant to Ordinance 18 -T -32, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2018 -2019 (the "Budge ), which provides funding for the City's operations throughout the 2018 -2019 fiscal year; and WHEREAS, the City needs to re- appropriate $878,233.00 to complete drainage projects approved as part of the fiscal year 2017 -18 budget and authorize $73,252.00 from bond project funds; and WHEREAS, the City needs to increase the Drainage budget to purchase a tractor mower and shredder for $74,348.00 from fund balance; and WHEREAS, the City needs to transfer $47,000 from Finance to Information Technology for the Human Resources and Payroll Services contract; and WHEREAS, the City needs to increase the budget by $15,000 for the Human Resources and Payroll Services contract to be funded by a contribution; and WHEREAS, the City needs to increase the budget by $35,000 for the Main Street Local Economic Development Program to be funded by investment income; 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 re- appropriation for drainage projects, transfer funds from Finance to Information Technology for the Human Resources and Payroll Services contract, increase the budget for the Human Resources and Payroll Services contract, and increase the budget for the Main Street Local Economic Development Program, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHE:RTZ, TEXAS: Section 1. The City shall re- appropriate $878,233.00 from the Drainage fund balance and authorize the use of $73,252.00 of drainage bond funds to complete the drainage projects approved in fiscal year 2017 -18. Section 2. The City shall increase the Drainage budget by $73,438.00 to purchase a mower and shredder from fund balance. Section 3. The City shall transfer $47,000.00 from Finance personnel budget to the Information Technology citywide software budget for the Human Resources and Payroll Services contract. Section 4. The City shall increase the Information Technology citywide software budget by an additional $15,000.00 for the Human Resources and Payroll Services contract and recognize a contribution from Blue Cross Blue Shield to offset the increase. Section 5. The City shall increase the General Fund budget by $35,000.00 to fund the Main Street Local Economic Development Program and recognize an additional $35,000.00 in investment income to offset the increase. Section 6. 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 7. 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 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. 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 10. 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 11. 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 February 2019. PASSED, APPROVED and ADOPTED ON SECOND READING, the 26th day of February 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CityWouncillll✓Ieeting:E Department:E Subject:E 10 Agenda No. 3 CITYICOUNCILIMEMORANDUME February126,120191E EngineeringE OrdinanceE No.E 19 -D -08E Consideration and /or action approving an Ordinance amending the City of Schertz Code of Ordinances by revising Section 86- 115, maximum limits establishing a speed limit on IH 35 Main Lanes and IH 35 Frontage roads. Final Reading. The Texas Department of Transportation (TxDOT) will begin construction for the Operational Improvements including ramp revisions of IH 35 from FM 2252 to Schwab Road. Construction is set to begin from May 2019 to December 2019. Speed limit reductions are requested on the mainlanes from 70 mph to 60 mph and the frontage roads from 50 mph to 45 mph (See Exhibits). Currently, construction speed limit reductions are not included in the current Code of Ordinances. Construction speed zones will be in effect when speed reduction signs are displayed within construction projects. It is recommended to include the maximum construction speed limits in this construction zone of the IH35 mainlanes and frontage roads to the City's code of Ordinances Sec. 86 -115. The maximum construction speed limits for the mainlanes and access roads of IH 35 from F.M. 2252 to Schwab Road are as follows: IH35 Mainlanes - MP 0.357 to MP 3.549 60 IH35 Frontage Roads MP 0.357 to MP 3.549 45 The completion and/or acceptance of each project shall cancel the provision of the construction speed limit provision and the speed zone signs shall be removed. The Traffic Safety Advisory Commission (TSAC) voted to accept these speed changes and recommend approval to City Council during their February monthly meeting. City Council Memorandum Page 2 Councilb pprovedEhislbnlrirstkeadinglitEheirEneetingIdf lFebruaryH2,R019.E GoalE To ensure the city street speed limits are up -to -date and enforced through. Code of Ordinances, while and maintaining proper records for maximum speed limits on City -owned streets. Communityl}3enefitE To provide for safe and efficient travel on City -owned streets for citizens and visitors as well as residents. Summarylbf Recommended ]ActionE Approval is recommended to allow for placement of the new speed limit signs by TxDOT. FISCALEMPACTE No cost to the city, these signs will be installed and maintained by the TxDOT contractor. RECOMMENDATIONE Staff recommends approval of Ordinance 19 -D -08 on the final reading. ATTACHMENTSE Ordinance 19 -D -08 Exhibits — IH35 Regulatory Speed Zones Location Map, IH35 Strip Map Mile Points. E ORDINANCE I NO. H 9 -D -08E ANEORDINANCEEBYETHEECITYECOUNCILEOFE THEECITYEOFESCHERTZ,E TEXASFAMENDINGETHEIECITYMFIESCHERTZICODEIDFR )RDINANCESFBYE REVISINGIESECTIONI86- 115, EWAXIMUMELIMITS >HESTABLISHINGFA]ESPEEDE LIMITIONItHB5 ]MAINILANESIANDSHB5WRONTAGE fROADS.IE WHEREAS, it has been established that the maximum speed limits need to be included for IH 35 frontage roads in the Code of Ordinances where a construction speed zone is in effect when signs are displayed within Texas Department of Transportation (TxDOT) construction project 001605119. BEBTIDRDAINEDIB YHHEICITYWOUNCILIDFKHEICITYIDFISCHERTZ ,HEXAS:E E Section 1 THAT, Section 86 -115- Maximum limits on specific streetslbf the Code of Ordinances be amended with the addition as follows: >ffitreetE E E E E E ExtentlE E E HKOHMM Seed MPH From MP 0.357 (F.M. 2252) to MP 3.549 60 IH35 Mainlanes (approximately 317' north of Schwab Rd.) for a total of 3.192 Miles. IH35 Frontage Roads From MP 0.357 (F.M. 2252) to MP 3.549 45 (approximately 317' north of Schwab Rd.) for a total of 3.192 Miles. 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. Section 8 The completion of TxDOT Project 001605119 shall cancel the provision of this ordinance applying to said project. 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COUNTY -- ~ - -- ti�r . , CityEouncilffleeting:E Department:E Subject:E Agenda No. 4 February126,12019E InformationhTechnology /PoliceE ResolutionE No.E 19 -R -21 - A Resolution by the City Council of Schertz Authorizing the City to enter into an agreement with Spectrum for new connections for disaster recovery dispatch services at the Bexar Metro 911 location, and other matters in connection therewith. I BACKGROUNDE E E E E The Schertz Information Technology Dept., Schertz Police Dept. and Bexar Metro 91.1 staff have worked together to outline a disaster recovery plan for Schertz Dispatch Services. Bexar Metro 911 has allocated seats at their Regional Emergency Operations Center for Schertz Dispatch services. The Schertz IT Dept. has worked with Spectrum to provide new connections for internet services. The proposed contract will provide 20 Mbps services from the Live Oak Bunker on Live Oak Road to 4700 Quarry Run (REOC). The cost of this service is a one -time fee of $250.00 and a reoccurring fee of $375.00 per month per connection. COMMUNITY]BENEFITE These services will allow us to continue essential city services should a disaster occur. In the event that the City's dispatch facility at the Municipal Complex becomes unavailable for any reasons, dispatch operations can be relocated to the Bexar Metro 911 facility near 1604 and Lockhill Selma. FISCALBMPACTE Funds are available in account 1.01- 256 - 541300 PD for services from March to September 2019 totaling $5,530.00 and 101 - 853 - 533300 IT for $500.00 for installation costs, then funds will be budgeted in 101- 853 - 533300 IT for $9,480.00 each fiscal year from FY 2019 to 2021 and $4,740.00 for October 2021 to March 2022. These totals do include federal/state fees that are assessed each month in addition to the monthly services. The City currently spends about $70,000 annually with Spectrum. E I SUMMARYIDFIRECOMMENDEDIACTIONE Approval of Resolution 19 -R -21 to provide new internet services with Spectrum for Disaster Recovery Dispatch Services at Bexar Metro 911. ATTACHMENTSE Resolution No. 19 -R -21 Spectrum Service Agreement E RESOLUTIONI.VO.M 9 -R -21E AfRESOLUTIONIBYEr HEICITYICOUNCILIDFESCHERTZMUTHORIZINGE rHEE CITYETOEENTEREINTOEANEAGREEMENTEWITHESPECTRUMEFORENEWE CONNECTIONSIFORIDISASTERIRECOVERYIDISPATCHINERVICESFATECHEE BEXARIMETROF911FL OCATION, FANDIDTHEREVIATTERSHNBCONNECTIONE THEREWITHE WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Spectrum, relating to an additional service for internet access for use at our disaster recovery location for staff and vendors throughout the City in the amount of $6,030.00 for the current fiscal year and $9,480.00 per year for FY 19 -20 and FY 20 -21 and $4,740.00 for the October 2021 to March 2022; and WHEREAS, this service will allow us to meet the mandate for disaster recovery services to our staff and vendors; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Spectrum pursuant to the agreement attached hereto as Exhibit A (the "Agreement ". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Time Warner Cable for increased bandwidth in substantially the form set forth on Exhibit A. Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. 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 5. 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 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of February, 2019 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBITAE 50494755.1 A -1 Spedrumo,, /�uatmmer��erv�u�<�rder THIS SERVICE ORDER rSemice ,is executed and effective upon the date o[the signature set forth inthe signature block below y'Bffecthe I)utei and iobv and between CbarhzComn/ooicadono Operating, LLCon behalf of those operating subsidiaries providing the Servioc66 hereunder ('Sptctn/m`) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise (or successor urU or' if applicable, on existing services agreement mutually executed hv the parties (eaoh, auappropriate, a"Secv|ne Agreuznuut). Except uospcoifiuol|y modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect. Account Executive: Courtney Lancaster Phonez4694709913 ext: Cell Phone: +1 2142412224 Fox: Email: courtney.lancaster@charter.com MEMUMUMM Customer Information: Customer Code CITY OF SCHERTZ Business Name TEXAS Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate # Billing Address Attention To: Account Number 1400 Schertz Pkwy Schertz TX 78514 Billing Contact Billing Contact Phone Billing Contact Email Address Authorized Contact Authorized Contact Phone Authorized Contact Email Address Mark Browne (210) 488-4233 mbrowne@schertz.com Technical Contact Technical Contact Phone Technical Contact Email Address Kent David (210) 488-4233 kdavid@schertz.com Page 1of3 New and Revised Services and Monthly Charges At 1049 E Live Oak Rd , Schertz TX 78154 Description Quantity Sales Price Monthly Recurring Total Contract Term EPL Intrastate 20 Mbps 1 $37500 36 Months $375.00 36 Months Ethernet EPL HUB 1 $0.00 *Total $0.00 36 Months *Total *Prices do not include taxes and fees. One Time fees At 1049 E Live Oak Rd Schertz TX 78154 Description Quantity Sales Price Total $375.00 *Prices do not include taxes and fees. $250.00 New and Revised Services and Monthly Charges At 4700 Quarry Run San Antonio TX 78249 Monthly Description Quantity Sales Price Recurring Total Contract Term EPL Intrastate 20 Mbps 1 $375.00 $375.00 36 Months $250.00 *Prices do not include taxes and fees, *Total $375.00 *Prices do not include taxes and fees. One Time fees At 1049 E Live Oak Rd Schertz TX 78154 Description Quantity Sales Price Total Installation $250.00 Total $260.00 *Prices do not include taxes and fees. One Time fees At 4700 Quarry Run , San Antonio TX 78249 Description Quantity Sales Price Total Installation $250.00:I_-- $250.00 Total $250.00 *Prices do not include taxes and fees, Page 2ofS Spectrumo, Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the tenns and conditions outlined in this document. Authorized Signature Name and Title Date Signed Page 3 of 3 ,0166, ,,, -.r�,-x.,.,,, ,6,,,, .L.417 Ci l IIe1PtC[ I�UCl ttI7 t1I I1t�.GI Ufl4 t.,t /117 Ill L,1V 1 l:'i1, 1.Q 1111 Y.1 1.,U11llI1drl%lal k S ■ ■ ■ ■ ■ The customer identified below ( "Customer ") hereby acknowledges and agrees to the Commercial Terms of Service available at httos://enteriorise.spectrum.com ( "Terms of Service "), which are incorporated herein by this reference, with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a "Service Order "), which together with this agreement constitute the "Service Agreement" by and between the Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the service(s) hereunder ( "Spectrum'). Spectrum Enterprise Contact: Courtney Lancaster 12405 Powerscourt Drive St. Louis, MO 63131 Telephone: 4694709913 ail: courtney.lancaster @charter.com BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION SECTION THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. Customer: CITY OF SCHERTZ TEXAS Title: Enterprise Short Form v171213a CONFIDENTIAL Page 1 of 1 O 2016 -2018 Charter Communications. All Rights Reserved w Spectrum Enterprise Ethernet Service Level Agreement This document outlines the Service Level Agreement ( "SLA ") for fiber -based Spectrum Enterprise Ethernet Service and Spectrum Enterprise Cloud Connect Service (individually the "Service" and collectively the "Services "). Capitalized words used, but not defined herein, shall have the meanings given to them in the Agreement. This SLA is a part of, and hereby incorporated by reference into the Spectrum Enterprise Service Agreement (including the terms and conditions, attachments, and Service Orders described therein, the "Agreement"). To the extent any provision of this SLA conflicts with the Agreement, this SLA shall control. Performance tier goals ( "SLA Targets ") are set forth in the table(s) below. Ethernet Services SLA Targets presented below are measured end to end (i.e. from any two applicable Customer's edge or network interface devices at the Service Location) at the individual circuit or service level, and any applicable credits are issued for the affected circuit or service (the "Affected Service "). The Cloud Connect Service SLA Target for Availability is measured between Spectrum Enterprise's network interface device (NID) located at the Customer location and the point of physical handoff of the Service to the Cloud Service Provider (the "Gateway Point "). I. SLA Targets for Ethernet and Cloud Connect Services: Spectrum Enterprise Ethernet Services SLAB Performance Tier On -Net Off -Net Metro Regional National Miles 0-155 156 - 746 > 746 N/A Kilometers 0-250 251 -1200 > 1200 NIA Latency < 10ms < 25ms < 125ms < 125ms Jitter < 2ms < 4ms < 8ms < 8ms Frame Loss <0.01 %0 <0.01% <0.01% <0.01 % Availability > 99.99% > 99.99% > 99.99% > 99.99% MTTR 4 hrs. 4 hrs. 4 hrs. 4 hrs. i "On -Net' includes circuits that are provided by Spectrum Enterprise to Service Locations directly from the Spectrum Network. 2 "Off -Net " includes circuits that are provided to geographic locations that may be outside or inside Spectrum Enterprise service areas and are provided by third party service providers and not from the Spectrum Network. Spectrum Enterprise Cloud Connect Gateway Point SLAs Availability > 99.99% II. Priority Classification: "Excluded Disruptions" means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customers premises to troubleshoot, repair or replace equipment or the Service, (iv) service problems resulting from acts of omissions of Customer or Customer's representatives or agents, (v) Customer equipment failures, (vi) Customer is not prepared to release the Service for testing, and (vii) Force Majeure Spectrum Enterprise Ethernet SLA.v.181023 ©2017, 2018 Charter Communications. All Rights Reserved. Page 1 of 5 Not all products, pricing and services are available in all areas. Pricing' and: actual speeds may vary. Restrictions may apply. Subject to change without notice. Events. Notwithstanding anything to the contrary in the Agreement, any service issues beyond the connectivity to the Cloud Service Provider is not covered by this SLA. A "Service Disruption" is defined as an outage, disruption, or severe degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum Enterprise network hub to transmit and receive network traffic between Customer's A and Z Service Locations. The Service Disruption period begins when Customer reports a Service Disruption using Spectrum Enterprise's trouble ticketing system by contacting Customer Care, Spectrum Enterprise acknowledges receipt of such trouble ticket, Spectrum Enterprise validates that the Service is affected , and Customer releases the Service for testing. The Service Disruption ends when the affected Service has been restored. "Service Degradation" means a degradation of the Service that is not a Service Disruption or a result of an Excluded Disruption, such as failure of the Service to achieve the SLA Targets for Latency / Frame Delay, Jitter/ Frame Delay Variation, or Packet! Frame. Spectrum Enterprise will classify Service problems as follows: • Service Disruption resulting in a total loss of Service; or Priority I Service Degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing (each a "Priority 1 Outage"). Priority 2 Service Degradation where Customer is able to use the Service and is I not prepared to release it for immediate testing. Priority 3 1 A service problem that does not impact the Service; or 00 A single non-circuit specific quality of Service inquiry. Ill. Service Availability "Service Availability" is calculated as the total number of minutes in a calendar month less the number of minutes that the Service is unavailable due to a Priority 1 Outage ("Downtime"), divided by the total number of minutes in a calendar month. The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.99% Service Availability Target: Spectrum Enterprise Ethernet SLA.v.181023 Page 2 of 5 @2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. q } • • The MTTR measurement for Priority 1 Outages is the average time to restore Priority 1 Outages during a calendar month calculated as the cumulative length of time it takes Spectrum Enterprise to restore a Service following a Priority 1 Outage in a calendar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for the Service. MTTR per calendar month is calculated as follows: Cumulative length of time to restore Priority 1 Outage(s) per Service Total number of Priority 1 Outage trouble tickets per Service V. Latency / Frame Delay Latency or Frame Delay is the average roundtrip network delay, measured every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, to adequately determine a consistent average monthly performance level for frame delay for each Service. The roundtrip delay is expressed in milliseconds (ms). Latency 1 Frame Delay is calculated as follows: Sum of the roundtrip delay measurements for a Service Total # of measurements for a Service Spectrum Enterprise Ethernet SLA.v.181023 Page 3 of 5 02017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. PackoLossorFrame Loss Ratio is defined anthe percentage offrames that are not successfully received compared to the total frames that are sent in e calendar month, except where any packet or frame loss is the mguh of on Excluded Disruption. The percentage calculation is based on frames that are transmitted from a network origination point and received ata network destination point. Packet Loss/Frame Loss Ratio is calculated aofollows: Packet Loss I Frame Loss (%) = 100 (%) — Frames Received Vil. Jitter / Frame Delay Variation Jitter or Frame Delay Variation is defined amthe variation in delay for two consecutive frames that are transmitted (one- way) from a network origination point and received atanetwork destination point. Spectrum Enterprise measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of on Excluded Disruption, and determines the average delay between consecutive frames within each sample set. The monthly Jitter / Frame Delay Variation is calculated as the average of all of the frame delay variation measurements during such calendar month and io expressed in milliseconds (ma). Total # of measurements for a Service Spectrum Enterprise Ethernet suA.,.1nmz Page ^ms @2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary, Restrictions may apply, Subject mchange without notice. Vl||. Network Maintenance Maintenance Notice: Customer understands that from time to time, Spectrum Enterprise will podonn network maintenance for network improvements and preventive maintenance. In some Gases, Spectrum Enterprise will need to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows. Spectrum Enterprise will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside of the routine maintenance windows. Maintenance Windows: Routine maintenance may hoperformed Monday — Friday 12o.m.—Oa.m. Local Time. IX, Remedies Service Credit: If the actual performance of a Service during any calendar month ia less than the OL4 Targets, and Customer is in compliance with the terms of the Agreement and this SLA, then Customer may request credit equal to the corresponding percentage of the monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off-set against any amounts due from Customer to Spectrum Enterprise in the billing cycle following the date Spectrum Enterprise makes its credit determination, Credit requests must be submitted to Spectrum Enterprise within thirty (30) days of the calendar month in which the SLA Target was missed. Spectrum Enterprise will exercise commercially reasonable efforts to respond to such credit requests within 30 days of receipt thereof. All SLA Targets are monthly measurements, and Customer may request only one credit per SLA Target per month for the Affected Service. Should one event impact more than one SLA hereunder, Customer shall receive the single highest of the qualifying credits only. Except forth below, the credits described in this GLA shall constitute Customer's sole and exclusive remedy, and Spectrum Enterprise's sole and exclusive liability, with respect to any missed SLATargets. Service Credits hereunder shall not be cumulative per Service. Chronic Priority 1Outages: If Customer experiences and reports three (3) separate Priority I Outages where the Downtime exceeds four (4) hours during each Priority 1 Outage within three (3) consecutive calendar months, then Customer may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to Spectrum Enterprise; provided, however, that (i) Customer may only terminate the Affected Service; (ii) Customer must exercise its right to terminate the Affected Service by providing written notice to Spectrum Enterprise within thirty (30) days after the event giving rise to Customers termination right; (iii) Customer shall have paid Spectrum Enterprise all amounts due at the time of such termination for all Services provided by Spectrum Enterprise pursuant to the Agreement, and (iv) the foregoing termination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of Spectrum Enterprise for chronic Priority 1 Outages and Customer shall not be eligible for any additional credits. Termination will be effective forty-five (45) days after Spectrum Enterprise's receipt of such written notice of termination. Spectrum Enterprise Ethernet SLA.v.181023 Page sws moo7,zo18 Charter Communications. All Rights Reserved. Not all products, pricing and services are available * all areas. Pricing and act=speeds=vvary. Restrictions may apply. Subject m change without notice. E E CityEouncilffleeting:E E Department:EE E Subject:E E E E Agenda No. 5 1LW111X,LG1M4110&VW1J • 1 E E February126,12019E E E FinanceE ResolutionE'io.B 9- R- 22EAII2esolutionlibyE theECityECouncilFofEtheECityFofESchertz ,E TexasE authorizingE aE revisedE CityE ofE Schertzl investmentIPolicy lindlStrategy.IE The Investment Policy and Strategy of the City of Schertz guides staff in investing city funds. Much of the policy is outlined by the Public Funds Investment Act which ensures public entities make safe choices as to how they invest. The top priority with regards to investable public funds in both the Act and in the City Policy is the safety of the funds invested. This means low risk investments that can be easily withdrawn in the event the City needs funding. The City of Schertz Investment Policy requires an annual reaffirmation by City Council. On February 8, 2019, the Investment Advisory Committee reviewed and voted to send the policy to council with proposed changes for consideration. GOAL:E E City Staff and the Investment Committee recommends Council approving the Investment Policy with the following changes outlined in the markup document attached. This year's changes to the policy include: Updating the Executive Director titles to Assistant City Managers. Adding language to address downward credit rating changes of investments as stated in the Public Funds Investment Act. Added language to exclude any invested funds that are subject to yield restrictions from the overall portfolio yield calculation. Added language to state all investment security transactions will be made on a documented competitive bid process to mimic current practice. Updated the maximum allowed maturity of any investment security to 5 years. City Council Memorandum Page 2 Added language to comply with Public Funds Investment Act with regards to filing statements with City Council and the Texas Ethics Commission to disclose relationships by blood or marriage to potential investment sellers. Stated current practice of having every investment officer sign off on creating new investment account and having at least 2 investment officers involved in each investment transaction for security. Moved Business Relationships section to the Investment Officers section. Added language to state investment management firms can only be given a 2 -year contract but can be renewed or extended by City Council action to comply with the Public Funds Investment Act. FISCALUMPACTE There will not be any fiscal impact. M.7 x01304 h/ l 010117_74 Y [97►1� The Investment Committee recommends approval of Resolution No. 19-R-22 ATTACHMENTS Resolution No. 19 -R -22 City of Schertz Investment Policy & Strategy Redline Version of the City of Schertz Investment Policy RESOLUTIONINO.M9 -R -22E AIRESOLUTIONIBYUHEICITY ICOUNCILK)FUHEICITYK)FISCHERTZ,E TEXASIAUTHORIZINGIAI REVISEDICITYIDFISSCHERTZI[INVESTMENTE WHEREAS, the City of Schertz Investment Policy requires an annual review by the City Council (the "City Council ") and after such review the City of Schertz (the "City ") has determined that it is in the best interest of the City to adopt the City of Schertz Investment Policy and Strategy, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby adopts the City of Schertz Investment Policy and is repealing any and all prior changes and amendments to Investment Policy attached as Exhibit A. Section 2. The City of Schertz Investment Policy requires an annual review by 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 February 2019. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBITE\E CITYR)FISaCHERTZ,UEXASSNVE STMENT IPOLICYaNDISTRATEGYE SeebttachedE m CITYIDFECHERTZ,ITEXAS INVESTMENTI'OLICYaNDISTRATEGY TABLEIDFICONTENTSE II RNVESTMENTISCOPE ............................................................................ ............................... 1 GenerallStatement............................................................................. ............................... 1 FundslIncluded................................................................................... ............................... 1 FundslExcluded.................................................................................. ............................... 1 IM.UNVESTMENTIE)BJECTIVES .............................................................. ............................... 1 GenerallStatement............................................................................. ............................... 1 Safety................................................................................................... ............................... 2 Liquidity.............................................................................................. ............................... 2 Diversification.................................................................................... ............................... 2 Yield.................................................................................................... ............................... 2 Maturity.............................................................................................. ............................... 3 PubliclT rust........................................................................................ ............................... 3 PortfolioPdanagement ....................................................................... ............................... 3 Investmentl5trategy........................................................................... ............................... 3 III.]RNVESTMENTa2ESPONSIBILITYaNDICONTROL ..................... ............................... 3 City' sH nvestmentlDelegate ................................................................ ............................... 3 Selectingl&ndi ProcessingBnvestments ............................................. ............................... 4 DocumentingBnvestmentsLkndi Providing]Details .......................... ............................... 5 DevelopingICashIFlowiProj ectionsiForalliPortfolios .................... ............................... 5 DeterminingEashRvailableWorBnvestment .................................. ............................... 4 MonitoringBnvestmentIP erformance ............................................... ............................... 5 ReconcilingHnvestmentIRecordsRnd lGeneral]Ledger .................. ............................... 5 AllocatinglInterestlRevenue .............................................................. ............................... 6 ProvidingiRevenue ]EstimatesRbrAlliPortfolios ............................ ............................... 6 Prudence............................................................................................. ............................... 6 BusinessIRelationshipstfiCityl ManagerEndBnvestmentK)Mcers .............................. 6 LiabilitylbflCity]Managerl indBnvestmentiOfficers ....................... ............................... 6 IV.IHNVESTMENTIREPORTING .............................................................. ............................... 7 QuarterlylReport............................................................................... ............................... 7 InvestmentadvisorylCommittee ...................................................... ............................... 8 AnnuallReview................................................................................... ............................... 7 InvestmentErraining.......................................................................... ............................... 7 NotificationlbfHnvestmentWhangesIdrIDefaults ............................. ............................... 8 ComplianceRudit.............................................................................. ............................... 8 V.i$NVESTMENTHNSTRUMENTS .......................................................... ............................... 9 AuthorizedBnvestmentBnstruments ................................................ ............................... 9 VI.BNVESTMENTBNSTITUTIONS ........................................................ ............................... 11 InvestmentlInstitutionslDefined ...................................................... ............................... 1.1. -i- SelectionIdflBank ]And ]SecuritiesIDealers ...................................... ............................... 12 VII. HNVESTMENTICOLLATERALaNDISAFEKEEPING .............. ............................... 122 CollateralIdrHnsuranceWorIDeposits ............................................. ............................... 12 Safekeeping....................................................................................... ............................... 13 DeliveryKs.lPayment ....................................................................... ............................... 13 -ii- I.ZNVESTMENTISCOPE GenerallStatement This policy (this "Policy ") serves to satisfy the statutory requirement of the Public Funds Investment Act, as amended, Texas Government Code Chapter 2256, as amended (the "Act "), to define and adopt a formal written investment policy for the City of Schertz, Texas (the "City "). The City shall be authorized to invest its funds pursuant to the provisions of the Act and this Policy or, upon obtaining the prior approval of the City Council of the City (the "City Council "), any other applicable law. FundsBncluded This Policy applies to all City funds under the direct control of the City, at the present time any funds to be received in the future and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and any depository bank. The City funds that are entrusted to the City Council for investment pursuant to this Policy are divided into the following portfolios based on the source of funds: The operating account portfolio that consists of funds from the general fund and all other miscellaneous funds. The agency funds portfolio, which consists of all agency funds. Special Revenue, Special Assessment, and all other City funds. FundslExcluded This Policy shall not be applicable to any funds on deposit in any bond account, reserve account, or capital improvement construction account. The provisions of the ordinances authorizing the issuance of these debt obligations and the provisions of the Internal Revenue Code of 1986, as amended control the investment of funds on deposit in these accounts. II.BNVESTMENTK)BJECTIVES GenerallStatement Funds of the City will be invested in accordance with the Act, this Policy, written . investment strategy, and written administrative procedures to be developed by the City Manager, Finance Director, and Investment Officers. The City's investment portfolio shall be managed in a manner to attain the maximum rate of return allowed through prudent and legal investing of City funds while preserving and protecting capital in the overall portfolio. E Safety The primary objective of the City for all portfolios and funds is to ensure the safety of the principal. All investment transactions shall first seek to avoid capital losses by choosing high credit quality securities. The Investment Officers will monitor credit rating changes o n a monthly basis and will immediately liquidate any investment that tails to meet the credit quality required by the Public Funds Investment Act. Liquidity The City's investment portfolio must be structured in a manner that will provide the liquidity necessary to meet all operating requirements which might reasonably be anticipated, and to pay obligations as they become due. Diversification The policy of the City, except when investing with the City's depository bank or in U.S. Treasury Bills, Bonds or Notes, will be to diversify its investment portfolio when investing in certificates of deposit of other banks and savings and loans domiciled in Texas, repurchase agreements, U.S. agencies securities, and other investment instruments provided for by law. The City's portfolio shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of investments. Investments of the City shall always be selected to provide stability of income and reasonable liquidity. Liquidity is defined as the ability to sell an investment at reasonable cost under adverse market conditions. In establishing specific diversification strategies, the following general polices and constraints shall apply: (1) Portfolio maturities shall be staggered in a way that avoids undue concentration of assets in a specific maturity sector. Maturities shall be selected which provide for stability of income and reasonable liquidity. (2) Liquidity shall be maintained through practices that ensure that the next disbursement date and payroll date are covered through current revenues, maturing investments, or marketable securities. (3) Risks of market price volatility shall be controlled through maturity diversification. Yield It is the objective of the City to earn the maximum rate of return allowed on its investments within the constraints imposed by its safety and liquidity objectives, and the applicable law governing the investment of public funds. The City must invest its portfolios in eligible investments that yield the highest possible rate of return while providing the necessary protection of the principal. The City seeks to optimize 2 return on investments in all portfolios. The average minimum rate of return for the entire portfolio, excluding funds needed for current obligations, must be at least equal to a no default risk rate of return indicator, such as the return on the threemonth Treasury bill. if funds are subject to yield restrictions clue to federal arbitrage regulations, those funds are excluded fi°om the yield calculation. All security transactions will be made on documented competitive bid basis to assure, the City is receiving good market rates. hen - issued US agency securities should be compared to other securities available in the secondary market to determine COTTIpetitivene.ss. PubliclTrust It will be the objective of the City to act responsibly as custodians of the public trust. Portfoliof✓Ianagement Under this Policy all investments will be made with the intent of pursuing, at the time of purchase, the best rate of return on securities held until maturity, and not with the intent of speculative trading. However, securities may be sold before maturity if market conditions present an opportunity for the City to benefit from this transaction. InvestmentlStrategy The City maintains one commingled portfolio for investment purposes which incorporates the specific use and the unique characteristics of the funds in the portfolio. The investment strategy has as its primary objective assurance that anticipated liabilities are matched and adequate investment liquidity provided. The City shall pursue conservative portfolio management strategy. This may be accomplished by creating a laddered maturity structure with some extension for yield enhancement. The maximum maturity of any security will be live years and the maximum dollar weighted average maturity of one year or less will be calculated using the stated final maturity date of each security. The investment strategy for debt service shall have as its primary objective the timely payment of debt service obligations. Successive debt service dates will be fully funded before any investment extensions are made. III. MNVESTMENTa2ESPONSIBILITY EANDICONTROL City'sBnvestmentl ®fficers In accordance with Section 2256.005 of the Act, Investment Officers for the City include the City Manager, the Assistant City Managers, the Executive Director of Economic Development, the Finance Director, and the Assistant Finance Director. The Finance Director is the primary manager of City investment portfolios, and shall develop and maintain written administrative 9 procedures for the operation of the investment program, consistent with this Policy, including the following: (1) Summarizing the economic and market analysis; (2) Forecasting available cash for investments; (3) Formulating strategies for asset mix, investment instruments, maturities, and target yields; (4) Monitoring performance against the current investment strategy and evaluating reasons for variances; (5) Reporting portfolios performance for the previous quarter to the City Council; and (6) Revising the investment strategy based on recommendations by the Investment Advisory Committee. The City Manager and the Investment Officers must file a statement with the City Council and the Texas Ethics Commission of any personal business relationship that they may have with a business organization as defined in the Act offering to engage in an investment transaction with the City. A personal business relationship is defined by Section 2256.005 of the Act to exist if (I)The inveshnent officer owns 10% or niore of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value, of the business organization; (2)Funds received by the investment officer from the business organization exceed 10% of the investment officer's gross income for the previous year; or (3)'T he investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. The City Manager and Investment Officers must file a statement with the City Council and '"rexas Ethics Commission to disclose any personal business relationship within two levels of blood or marriage with an organization seeking to sell an investment to the city. Selectinglbind]ProcessingUnvestments The Investment Officers review the composition of the current portfolio and determines whether the securities under consideration maintain the portfolio within the guidelines established by this Policy, subchapter A of the Act, and all federal, state, and local statutes, rules or regulations. The Investment Officers approve the wire transfer form authorizing the transfer of funds for a specific investment transaction. El DocumentingUnvestments iAnd IProvidingIDetailsE The City Manager, Finance Director, and Investment Officers retain documentation of all investment transactions, including any bond swaps. The City Manager, Finance Director, and Investment Officers provide information and supporting documentation for all investment transactions for entry in the General Ledger. The City Manager, Finance Director, and Investment Officers will utilize information and backup documentation on all investment transactions to ensure accurate calculation of cash position and accurate posting to appropriate accounts. New Investment accounts can only be cstablishcd by signatures from all Investment Officers not on probation. Changes in the account authorization or banking information may only be updated with signatures from all active Investment Officers. Investment transactions cannot be initiated and recorded by the sane Investment Officer. DevelopingWashWlow]Proj ectionsifor]AII] 'ortfoliosE The City Manager, Finance Director, and Investment Officers analyzes prior period data and develops and amends cash flow projections of the City's cash requirements The cash flow projections to match assets and liabilities in order to maximize the return on investments. All funds that can be legally invested and match the available balance identified in the cash flow projections are considered available for investment. MonitoringUnvestmentWerformance The City Manager, Finance Director, and Investment Officers must routinely perform market and economic analysis to forecast probable market conditions for the investment period by assembling and analyzing current and trend data to develop and plan investment strategy. This analysis uses information obtained from investment advisors, brokers, and investment industry publications. The City Manager, Finance Director, and Investment Officers monitor the current and expected yield curves for interest rate movements. When interest rates are expected to decline, maturity ranges are extended within portfolio and the constraints of this Policy. When interest rates are expected to increase, maturity ranges are shortened. The City Manager, Finance Director, and Investment Officers monitors yield spreads between various government agency issues and United States notes and bonds to determine the best value. The City Manager, Finance Director, and Investment Officers summarizes economic and market trend information and presents recommendations for investments strategy based on economic and market conditions to the City Council and the Investment Advisory Committee. ReconcilingUnvestmentI Recordsl indiGeneral]LedgerE E The City Manager, Finance Director, and Investment Officers prepares a monthly report that includes information such as identifying investments at par value, identifying CUSI:P number, disclosing the premium or discount, and the interest purchased for the City's investments. The 5 report includes monthly and year -to -date interest accruals and amortization/accretion of premium/discount. This report should reconcile to the investment accounts in the General Ledger. E AllocatingfnterestlRevenueE E The City Manager, Finance Director, and Investment Officers allocates the interest revenue earned from investments proportionately to all accounts that participate in the investment function. E ProvidingIRevenue lEstimatesHorRlliPortfoliosE E The City Manager, Finance Director, and Investment Officers provides an estimate of the investment revenue for the annual budget E Prudence Investments of the City shall be made with judgment and the exercise of due care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital, as well as the probable income to be derived for the City. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the City. r'w . ��' - _��� -�- nation - -- -� � , 1- •- re_ -i` �w -=i= .�° ;t --a LiabilityIdf]CitylManager, WinanceIDirector ,EndUnvestmentK)McersE E The City Manager, Finance Director, and Investment Officers are not responsible for any loss of the City funds through the failure or negligence of a depository bank or other financial or investment institution as described in Article VI of this Policy. IV.ZNVESTMENTIREPORTING QuarterlylReport The City Manager, Finance Director, and Investment Officers will continually monitor and evaluate the City's investments, and report quarterly to the City Council as provided in Section 2256.023 of the Act. The report must: (1) describe in detail the investment position of the City on the date of the report; (2) be prepared jointly by all investment officers of the City; (3) be signed by each investment officer of the City; (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (a) beginning market value for the reporting period; (b) additions and changes to the market value during the period; (c) ending market value for the period; and (d) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the City for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the City as it relates to: (a) the investment strategy expressed in the City's investment policy; and (b) relevant provisions of the Act. The report shall be presented not less than quarterly to the City Council and the City Manager of the City within a reasonable time after the end of the period. If the City invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or 7 similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the City Council by that auditor. InvestmentAdvisoryE ommittee An Investment Advisory Committee composed of the City Manager (as Chair), the Assistant City Managers, the Executive Director of Economic Development, the Finance Director, the Assistant Finance Director, the Budget/Financial Analyst, and two representatives of the City Council, will meet no less than once semiannually to review the investment portfolio, process, and practices to ensure adherence to the Act and the adopted Policy. AnnuallReview This Policy and investment strategy will be reviewed by the Investment Advisory Committee and City Council annually. The Investment Advisory Committee will recommend changes to the Policy annually to the City Council who shall adopt a written rule, order, ordinance, or resolution stating that it has reviewed the Policy and investment strategy and shall record in the order, ordinance or resolution any changes made to either the Policy or investment strategy. InvestmentlTrainingE The City Manager, Finance Director, and Investment Officers are required to receive 10 hours training pertaining to the Texas Public Funds Investment Act within the first 12 months after assuming duties and 8 hours every 2 years thereafter. This training shall be through courses and seminars offered by professional organizations and associations in order to ensure the quality and capability of the Investment Officers and staff in making investment decisions. Training for city council officials on the Investment Committee is recommended to provide education and knowledge pertaining to the Public Funds Investment Act but the training is not mandatory. NotificationliflltnvestmentIChangeslbr ]Defaults It shall be the duty of the City Manager, Finance Director, and Investment Officers to notify the City Council of any significant changes in current investment methods and procedures prior to their implementation and to immediately notify the City Council in the event of a default or nonpayment of any investment acquired with City funds. In addition, the City Council in its annual review of the Policy shall adopt any order, ordinance, or resolution establishing its annual review and record any changes to the Policy or investment strategies. Complianceaudit The City, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the Policy. V.IffNVESTMENTUNSTRUMENTS Authorizeditvestmentftstruments The City Manager, Finance Director, and Investment Officers shall use any or all of the following authorized investment instruments consistent with governing law: (1) Obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency of instrumentality of the United States; (3) General Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than A or its equivalent; (4) Certificates of deposit issued by a state or national bank domiciled in this State, a savings bank domiciled in this state or federal credit union domiciled in this State that are (A) Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; or (B) Secured by obligations that are described by subdivisions (1) -(6) of this subsection, including mortgage- backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the City; or (C) Secured in any other manner and amount provided by law for deposits of the City; or (5) Prime domestic bankers' acceptances if it (A) Has stated maturity of 270 days or fewer from the date of its issuance; (B) Will be, in accordance with its terms, liquidated in full at maturity; W (C) Is eligible for collateral for borrowing from a Federal Reserve Bank; and (D) Is accepted by a bank organized and existing under the laws of the United States or any state, if the short -term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A -1 or P -1 or an equivalent rating by at least one nationally recognized credit rating agency; (6) Commercial paper if it (A) Has a stated maturity of 270 days or less from the date of its issuance; and (B) Is rated not less than A -1, P -1, or the equivalent by at least (1) Two nationally recognized credit rating agencies; or (2) One nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state thereof, (C) For commercial paper with maturity of over 90 days, monthly credit checks will be conducted on the issuer to determine risk and to take appropriate steps to protect the investment (7) Fully collateralized direct repurchase agreements having a defined termination date, secured by obligations described by subdivision (1) of this subsection, pledged to the City, held in the City's name, and deposited at the time the investment is made with a third party selected and approved by the City, and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State; (8) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under the Act in a guaranteed investment contract with a term of longer than five years from date of issuance of the bonds; to be eligible as an authorized investment (A) The City Council must specifically authorize guaranteed investment contracts as an eligible investment in the ordinance or resolution authorizing the issuance of bonds; 10 (B) The City must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (C) The City must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (D) The price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (E) The provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. (9) Interest bearing bank deposits insured by the FDIC or National Credit Union Share Insurance Fund, and shared deposit programs, are authorized investments. In addition to the investments described by items (1) - (9) above, the City may invest funds under its control in eligible public funds investment pools as permitted under the Act. A public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. In addition to the investments described by items (1) - (9) above, the City may, in accordance with the Act, purchase, sell, and invest funds, after receiving a prospectus and other information required by the SEC, under its control in an SEC - regulated, no -load money market mutual fund with a dollar weighted average stated maturity of 60 days and whose investment objectives include seeking to strive to maintain a stable net asset value of $1 per share and must comply with SEC Rule 2a -7, or a no -load mutual fund which is registered with the SEC, has an average weighted maturity of less than two years, is invested exclusively in obligations approved by the Act, is continuously rated as investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent and conforms to the requirements set forth in Sections 2256.016(b) and (c) of the Act relating to the eligibility of investment pools to receive and invest funds of the City. The City shall not (i) invest in the aggregate more than 15% of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service in mutual funds as described by the Act; (ii) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described by the Act; or (iii) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service in any one mutual fund described by the Act in an amount that exceeds 10% of the total assets of the mutual fund. VLHNVE STMENTSNS TITUTIONS 11 Selectionit3fl $ankliind]SecuritiesIDealers Any business organization offering to engage in an investment transactions must be given a copy of the entity's Investment Policy and must sign a certification that acknowledges they have received it and have implemented procedures to preclude imprudent transactions, and supply the City Manager, Finance Director, and Investment Officers with the information specified below. First, a broker /dealer must submit audited financial statements for the financial institution or broker /dealer. Second, a broker /dealer must provide evidence of appropriate registration by the qualified representative of the business organization as such terms are defined in the Act. For bank dealers, this requires a statement from a senior bank official that the bank dealer is appropriately registered with its primary regulatory agency (the Office of the Comptroller of the Currency for National Banks) as a government securities dealer, municipal securities dealer, or both. For a securities firm, this requires a statement from a senior official that the firm is registered with the National Association of Securities Dealers. Finally, a broker /dealer must deliver a written statement, acceptable to the City, by the qualified representative, offering to engage in an investment transaction with the City, that they have received and thoroughly reviewed the Policy and acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the business organization that are not authorized by this Policy or the Public Funds Investment Act. The City Manager, Finance Director, and Investment Officers will recommend both primary and secondary securities dealers to the City Council for final approval. The City Manager, Finance Director, and Investment Officers may not acquire or otherwise obtain any authorized investment described in this Policy from a person who has not delivered to the City the written statement required in this section. The City Council or the designated Investment Advisory Committee members shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. InvestmentlManagernentlFirms E The City may coy ft act with an investment management firm registered ender either the nvestrnent Advisors Act of 1940 or with the gtatc Securities Board. for a nraximum 2 years with r r�ewal or c tension subject. to approval by City Council by resolution. VII. HNVESTMENTICOLLATERALANDISAFEKEEPINGE CollateralIdrllnsurance lforIDepositsE E The City Manager, Finance Director, and Investment Officers shall ensure that all deposited and invested City funds are, to the extent required, fully collateralized or insured 12 consistent with federal and state law and the current bank depository contract in one or more of the following manners: (1) FDIC or National Credit Union Share coverage; (2) Obligations of the United States or its agencies and instrumentalities; (3) Direct obligations of the State of Texas or its agencies; (4) Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies and instrumentalities; or (5) Any other manner allowed by law. (6) Certificates of Deposits can be secured by an FHLB letter of credit. E SafekeepingE E All purchased securities shall be held in safekeeping by the City, or a City account in a third party financial institution, or with a Federal Reserve Bank. All certificates of deposit, insured by FDIC, purchased outside the depository bank shall be held in safekeeping by either the City or a City account in a third party financial institution. All pledged securities by the depository bank shall be held in safekeeping by the City, or a City account in a third party financial institution, or with a Federal Reserve Bank. All certificates of deposit, pledged by the depository bank shall be held in custody of a Federal Reserve Bank for safekeeping, be the subject of a valid pledge agreement designating the City as the beneficiary of the pledge agreement; be insured by the FDIC; be described in detail by a safekeeping receipt issued to the City by the Federal Reserve Bank having custody of the certificates; and be issued with the City as registered owner. DeliveryKsMayment It will be the policy of the City that all transactions, except investment pool funds and mutual funds, shall be purchased using the delivery vs. payment method through the Federal Reserve System. By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. 13 CitylCouncilf'Ieeting:E Department:E Subject:E BACKGROUNDE Agenda No. 6 E PoliceMepartmentE Resolution]No.fl 9- R -23MAE Resolution) iyKhelCitylCouncill6fE theWitylt3flSchertz,ffexasE authorizingEhelacceptanceibfKheE 2018EZaciall Profilinglteport,bndE otherEnattersEhEonnectionE therewith.E Presentation and consideration and/or action regarding the 2018 Annual Racial. Profiling Report. Texas Code of Criminal Procedure Article 2.134 requires the chief administrator of the law enforcement agency to submit an annual report concerning data obtained on traffic stops to the governing body of the municipality served. CommunitylBenefitE Provides documentation of the activities of the City's police department in the area of traffic enforcement. Summaryli f RecommendedactionE The annual racial profiling report is submitted for review. FISCALSMPACTE No fiscal impact Staff recommends approval of Resolution 19 -R -23 accepting the 2018 Annual Racial Profiling Report E 50631771.1 ATTACHMENT(S)E Resolution No. 19-R-23 accepting racial profiling report 2018 Annual Racial Profiling Report Letter of explanation Comparison of annual statistics 50631771.1 E RESOLUTIONINOM 9 -R -23E AI RESOLUTIONIBYHHEICITY WOUNCILK)FUHE»ITYK)FISCHERTZ,E TEXASEAUTHORIZINGETHEEACCEPTANCEEOFETHE E2018ERACIALE PROFILINGEREPORT, EANDEOTHEREMATTERSEINECONNECTIONE THEREWITHE WHEREAS, Article 2.134 of the Texas Code of Criminal Procedure, as amended, requires the chief administrator of a law enforcement agency to submit an annual report to the governing body of the municipality served that contains data obtained on traffic stops during the previous calendar year, including an analysis of both the number of motor vehicle stops and the disposition of such cases based on the race or ethnicity of the affected persons (the "2018 Racial Profiling Report"); WHEREAS, the Chief of Police of the City of Schertz (the "City ") submitted the 2018 Racial Profiling Report to the City; WHEREAS, the Chief of Police and City staff recommend that the City accept the 2018 Racial Profiling Report; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the 2018 Racial Profiling Report. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby accepts the 2018 Racial Profiling Report. 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 February 2019. ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor E 50506221.1 - 2 - Schertz Police Department Annual Racial Profiling Report Race or Ethnicity African 2018 14.4% Result of Stop 189 2.2% Verbal Warning 0 0.0% Written Warning 3174 37.0% Citations Only 5312 62.0% Arrest Only 0 0.0% Citations & Arrests 55 0.6% Warning & Arrest 27 0.3% Total 8568 Gender 215 2.5% Male 5057 59.0% Female 3484 40.7% Unknown 27 0.3% Race or Ethnicity African 1236 14.4% Asian 189 2.2% Caucasian 5595 65.3% Hispanic 1488 17.4% Middle Eastern 0 0.0% Native American 24 0.3% Other 0 0.0% Unknown 0 0.0% Race known prior to stop Yes 215 2.5% No 8353 97.5% Reason for Stop Violation of law 192 2.2% Preexisting knowledge 275 3.2% Moving traffic violation 5436 63.4% Vehicle traffic violation 2665 31.1% Location of Stop City street 5481 64.0% US highway 1652 19.3% County road 1431 16.7% State highway 0 0.0% Private porperty or other 4 0.0% Seach conducted Yes 305 3.6% No 8263 96.4% Reason for Search Consent 32 10.5% Contraband in plain view 10 3.3% Probably cause 217 71.1% Inventory 10 3.3% Incident to arrest 38 12.5% Was contraband discovered 29 13.5% Yes 215 70.5% No 90 29.5% Discription of contraband Drugs 183 85.1% Currency 2 0.9% Weapons 1 0.5% Alcohol 0 0.0% Stolen property 0 0.0% other 29 13.5% Arrests 8565 ill Arrests based on Violation of Penal Code 42 37.8% Violation of Traffic Law 0 0.0% Violation of City Ordinance 0 0.0% Outstanding Warrant 69 62.2% Physical Force w/Injury Used Yes 3 0.0% No 8565 100.0% February 1, 2019 City Council City of Schertz Re: Annual Racial Profiling Report SCHERTZIPOLICEDEPARTMENTE MICHAEL R. HANSEN, CHIEF OF POLICE 1400 SCHERTZ PARKWAY BLDG 6 • SCHERTZ, TEXAS 78154 OFFICE: 210- 619 -1213 • FAX: (210) 619 -1220 MHANSE,N @SCHERTZ.COM In accordance with the Texas Code of Criminal Procedure Article 2.134 the attached compilation of traffic stop information is submitted. The required report must include the race or ethnicity of the individual detained, whether a search was conducted, if the individual detained consented to the search and if the officer was aware of the race or ethnicity of the individual before the stop was conducted. Although Legislation does not offer any details concerning the evaluation of the data, over the past few years it has become commonly considered acceptable if the diversity of the data is somewhat similar to that of the demographics of the jurisdiction. Our data of detained compared to the demographics of our city are proportionate. The following statistics represents 96% of our population and 97% of the total detained. Detained Population* Black 14.4% 9% Hispanic 17.4% 26% White 65.3% 61% In addition to the statistical report, it must also provide information relating to each complaint filed with the agency alleging that an officer engaged in racial profiling. There were no complaints from traffic stops alleging that a Schertz Police Officer engaged in racial profiling during this reporting period. When reviewing the annual comparisons you will see that our data remains consistent from year to year. This year, there were additional fields added and some changed by legislation. The law specifically states that data collected as a result of the reporting requirements shall not constitute prima facie evidence of racial profiling. In fact, I believe the data supports the recognition that the Schertz Police Department continues to ethically and impartially enforce the laws and ordinances for which we are responsible. United in a spirit of teamwork, the Schertz Police Department, as a regional leader and in partnership with the Community, is devoted to excellence in innovative and proactive public service and safety while contributing to an exceptional quality of life. Michael R. Hansen, Chief of Police * Demographic data is from the 2012 census report Reason for Stop Violation of law Preexisting knowledge Moving traffic violation Vehicle traffic violation Location of Stop City street US highway County road State highway Private porperty or other Seach conducted Yes 380 2.6% 433 4.0% No 14436 97.4% 10385 96.0% 2013 2104 Result of Stop Verbal Warning Written Warning Citations Only 14710 99.3% 10710 99.0% Arrest Only 30 0.2% 34 0.3% Citations & Arrests 73 0.5% 74 0.7% Warning & Arrest Total 14816 10818 Gender Male Female Unknown Race or Ethnicity African 1630 11.0% 1204 11.1% Asian 223 1.5% 184 1.7% Caucasian 9568 64.6% 6737 62.3% Hispanic 3335 22.5% 2631 24.3% Middle Eastern 31 0.2% 50 0.5% Native American 15 0.1% 12 0.1% Other 14 0.1% 0 0.0% Unknown 0 0.0% 0 0.0% Race known prior to stop Yes 977 6.6% 370 3.4% No 13839 93.4% 10448 96.6% Reason for Stop Violation of law Preexisting knowledge Moving traffic violation Vehicle traffic violation Location of Stop City street US highway County road State highway Private porperty or other Seach conducted Yes 380 2.6% 433 4.0% No 14436 97.4% 10385 96.0% Search consented Yes 87 22.9% 79 18.2% No 293 77.1% 354 81.8% Reason for Search Consent Contraband in plain view Probably cause Inventory Incident to arrest Was contraband discovered Yes No Discription of contraband Drugs Currency Weapons Alcohol Stolen property other Arrests Arrests based on Violation of Penal Code Violation of Traffic Law Violation of City Ordinance Outstanding Warrant Physical Force w /Injury Used Yes No 2015 2016 20 8003 98.7% 6431 98.4% 4766 48 0.6% 32 0.5% 35 56 0.7% 72 1.1% 69 8107 6536 4870 1042 12.9% 840 12.9% 673 128 1.6% 132 2.0% 95 4929 60.8% 4234 64.8% 3434 1976 24.4% 1301 19.9% 646 8 0.1% 18 0.3% 9 24 0.3% 10 0.2% 13 0 0.0% 0 0.0% 0 0 0.0% 0 0.0% 0 329 4.1% 204 3.1% 144 7778 95.9% 6331 96.9% 4726 341 4.2% 317 4.9% 290 7766 95.8% 6218 95.1% 4580 53 15.5% 25 7.9% 19 288 84.5% 292 92.1% 271 17 2018 0 0.0% 3174 37.0% 97.9% 5312 62.0 %'. 0.7% 0 0.0 %. 1.4% 55 06 %. 27 0.3% 8568 5057 59.0 %. 34_84 40.7% 27 0.3% 13.8% 1236 14.4 %. 2.0% 189 2.2 %. 70.5% 5595 65.3 %. 13.3% - 148_8 17.4_ % 0.2% 0 0.0 %. 0.3% 24 0.3 %. 0.0% - 0 00 %. 0.0% 0 0.0 %. 3.0% 215 2.5 %'. 97.0% 8353 97.5 %. - 192 2.2% 275 3.2% 543_6 63.4 %. 2665 31.1% 5481 64.0% 165_2 19.3 %. 1431 16.7% 0 0.0 %. 4 0.0% 6.0% 305 3.6 %. 94.0% 8263 - 96.4 %. 6.6% 93.4% 32 10.5% 10 3.3% 217 71.1% 10 3.3 °/0 38 12.5% 2.15 70.5 %. 90 29.5% 183 85.1% . - 2 0.9% -- 1 0.5 °/0 0 0.0 °/0 0 0.0% 29 13.5% 111. -------------- 42 37.8% 0 0.0% 0 0.0 %. 69 62.2 %. 3 0.0% 8565 100.0 °l0 Agenda No. 7 E CityWouncilffleeting:E E E E E Department:EE E E E E E Subject: February126,12019E PublicWVorksE ResolutionWo.H9- R -241J A Resolution by the City Council of the City of Schertz, Texas authorizing on -call contracts for Pump & Motor maintenance with Advanced Water Well Technologies and Austin Armature and other matters in connection therewith.E The City has various large water pumps that move water around the City from our Live Oak pump station to various storage sites and to residents and businesses. These pumps are essential to maintaining water service for drinking water, firefighting, industrial use, and irrigation use around the City, particularly during peak demand times. The Public Works Department operates two well and four booster stations throughout the City that require pumps and motors to push water through the system and into storage tanks for use by citizens and businesses. Presently, the City has the following pumps and motors at these various sites: EastILiveIDakJPumul5tationE 3 High Pressure Zone Pumps and Motors 3 Low Pressure Zone Pumps and Motors Naco2docheslf'eIIISiteE 2 High Pressure Pumps Deerfflaven>$oosterlSiteE 2 Booster Pumps Northciiffe>$oosterlSiteE 2 Booster Pumps WarelSeiuinlB00sterlSiteE 2 Booster Pumps Any of the above pumps and motors could experience mechanical failure that would result in repairs. Typically, this is an urgent repair that the City would contact repair vendors based on their availability, their workload, and their experience. For this reason, the City would like to retain qualified firms to perform maintenance and repairs as needed. The project was publicly bid using a Request for Proposals (RFP). Two proposals were received for this project. Public Works recommends awarding on -call contracts to both qualified firms, Advanced Water Well Technologies and Austin Armature. This will provide for a back -up if one of the firms is not immediately available to provide service. E Based on the nature and scope of the work, as well as, historical data, any one pump and /or motor maintenance project could cost upwards of $30,000. If there were two separate incidents in one fiscal year, the likelihood of exceeding $50,000 with one of these vendors is high. For this reason, we are requesting a not -to- exceed amount of $75,000 with each vendor per fiscal year. This will allow for a buffer amount in the event that more than 1 -2 pump or motor failures occur. E CommunityfenefitE To provide the best services at the lowest cost for labor and related materials for various separate and unrelated water pump and motor repair and maintenance as needed. E Summarylbf RecommendedactionE Staff recommends Council authorize on -call contracts with Advanced Water Well Technologies and Austin Armature for pump & motor maintenance services. FISCALHMPACTE The fiscal impact of the project will not exceed $75,000 with each vendor per fiscal year. The services will be paid for from the Water Maintenance fund.E E RECOMMENDATIONE Staff recommends Council approval of Resolution No. 1.9 -R -24 ATTACHMENTSE Resolution No. 19 -R -24 Exhibit A: On -Call Service Agreement with Advanced Water Well Technologies Exhibit B: On -Call Service Agreement with Austin Armature Works, LP RESOLUTIONINO.M9 -R -24E AE RESOLUTIONE BYE THEE CITYE COUNCILE OFE THEE CITYE OFE SCHERTZ,E TEXASE AUTHORIZINGE ON -CALLE CONTRACTSE FORE PUMPI&IM OTORI 4AINTENANCEDJVITHFADVANCEDUVATEREvVELLE TECHNOLOGIESFANDFAUSTINFARMATUREFANDIDTHERIMATTERSE INCONNECTIONErHEREWITHE WHEREAS, the City of Schertz (the "City ") requires water pump & motor maintenance and repair services on an as- needed basis to protect and ensure an adequate water supply system; and WHEREAS, two proposals were received through the sealed request for proposal process; and WHEREAS, City staff has determined that both Advanced Water Well Technologies and Austin Armature are qualified to provide such services for the City; and WHEREAS, City staff has recommended that the City accept both proposals for on -call pump & motor maintenance services and establish a not to exceed amount of $75,000 for each on -call firm; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Advanced Water Well Technologies and Austin Armature pursuant to the recommendation made by :Public Works Staff. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contracts with Advanced Water Well Technologies and Austin Armature for on -call pump & motor maintenance services. 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 February 2019. ATTEST: Brenda. Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor E -2- I 0 CITYIDFISCHERTZE SERVICEaGREEMENTE E E THENTATEI ®FI TEXASE §E E E E E §E GUADALUPEWOUNTYE §E This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Advanced Water Well Technologies ( "Contractor "). Section] .E Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through September 30, 2019 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement.E E SectionEX ScopeBfMork (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. SectionB.E Compensation (A)E 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 SEVENTY - FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00) per fiscal year. The fiscal year is defined as October 1st through September 30th.E E CITYK)FISCHERTZE PAGEBW AdvancedBVaterRVell II'echnologies ]ServiceEXgreementE D I SectionWE Timelbf ]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. E Section].E 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: E Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employer's liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at ]east $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: En 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. E 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 CITYK)FECHERTZE PAGERIE AdvancedBVaterRVel] F FechnologiesiServiceEkgreementE D u 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. SectionEX MiscellaneouslProvisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement.111Contractor 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 CITYK)FECHERTZE PAGEBJE AdvancedBVaterRVell II 'echnologiesiServiceULgreementE I I the claiming parry 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) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement 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. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) 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 purchase order, the vendor (Professional or other applicable term defining the contracting parry) 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. SectionIF .E 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 CITYK)FECHERTZE PAGENTE Advanced]WaterffVellf technologies ]Service]AgreementE E I 0 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 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].E IndemnificationE CONTRACTORaGREESFIOICNDEMNIFYRND IIIOLDirHEICITYIOFISCHERTZ,ff EXASaNDaLLIOFIITSE PRESENT, EFUTUREEANDEFORMEREAGENTS, EEMPLOYEES, EOFFICIALSEANDEREPRESENTATIVESE HARMLESSHNFTHEIRIDFFICIAL ,HNDIVIDUALIANDIREPRESENTATIV EWAPACITIESW ROMIANYFANDE ALLE CLAIMS, EDEMANDS, ECAUSESEDFFACTION ,EJUDGMENTS,ELIENSEANDEEXPENSESE INCLUDINGE ATTORNEY' SI FEES,ISVHETHERIC'ONTRACTUALIORI STATUTORY ),ICOSTSaNDIDAMAGESKWHETHERE COMMONE LAWE ORE STATUTORY),E COSTSE ANDE DAMAGESE (WHETHERE COMMONE LAWE ORE STATUTORY ,FANDEWHETHERFACTUAL,EPUNITI V E, ECONSEQUENTIALEORBNCIDENTAL ),EOFEANYE CONCEIVABLEICHARACTER, FFORHNJURIESFlOFPERSONSI( INCLUDINGH )EATH)H)RECOEPROPERTYE ( BOTHIREALaNDI PERSONAL))CREATEDIBY,a RISING> FROMIDRHNILNY ]MANNERIRELATINGNOWHEE W ORKIDRIG OODSIPERFORMEDIDRIPROVIDEDIBYIC ONTRACTOR I- IEXPRESSLYICNCLUDINGITHOSEE ARISINGFFHROUGHISTRICTILIABILITYK)RH JNDERNHECONSTITUTIONS IDFITHEAJNITEDISTATES.E Sectionl9.E NoticesE 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 (1) 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. SectionHO.E NoElssi2nmentE Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. E E CITYK)FECHERTZE PAGEME Advanced]WaterffVellf technologies' ]ServicelAgreementE E I 0 SectionH LE SeverabilityE 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. SectionH2.E WaiverE Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. SectionH3.E Governin2H.aw;BVenueE 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. E SectionH4.E ParagraphHleadings ; ConstructionE 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. SectionHS.E Bindin2MffectE 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. SectionH6.E GenderE 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. SectionH7.E CounterpartsE 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. SectionH&E ExhibitsWattachmentsE All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. E E CITYK)FISCHERTZE PAGEME Advanced ]WaterBY'eliH7echnologies ']Service ]AgreementE E D I SectionM.E Entirel &mementE 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. SectionRO.E Relationshiplfl ' artiesE 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. SectionRl.E fthtffoauditE 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.E SectionM.E DisputeWesolutionE 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 parry, 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 parry, 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. SectionW.E DisclosureE ofE BusinessE Relationships /Affiliations;E ConflictE ofE InterestE QuestionnaireE Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. CITYK)F>SCHERTZE PAGEFI1E AdvancedBVaterRVell II 'echnologieslServiceULgreementE E E Certificateli5fKnterestedIPartiesE 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 6 ontracts with private bti�iness 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 .etllics,state,tx.us /whatsnew /elf info rml295.htm and his.//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 MISDEMEANORX E E E [The remainder of this page is intentionally left blan kjE E CITYK)FISCHERTZE PAGE181E AdvancedFVVaterliVellErechnologies]Service]AgreementE EXECUTED on this the day of t CITY: E 0 E E I' W- t : u . Title: City Manager E E E ADDRESSR'ORINOTICE:E E E E City of Schertz Attn: Dr. Mark Browne, City Manager 1400 Schertz Parkway Schertz, Texas 78154 10 IN CrrYK)FISCHERTZE AdvancedF VaterBVellE technologies ]Service]AgreementE E E E , 2018. CONTRACTOR:E E E By:E E Name:E E Title:E E _K 7►11117_I 1Cl7 m Advanced Water Well Technologies 14394 E Interstate Highway 10 Converse, Texas 78109 PACEHIE ExhibitLA" SCOPE OF WORK 0 The City of Schertz has a variety of water facilities, wastewater facilities, wastewater collection Facilities and drainage facilgies that have various pumps and motors, which require pump and/or motor maintenance and repair services from time to time. For the purpose of this contract, maintenance and repair is defined as work that involves the mending of a broken system, component(s), or sub - component(s) of a pump or motor. Contractor shall furnish all labor, supervision, tools, equipment, materials, metering instruments, supplies, parts, transportation, mobilization, insurance, bonds, permits, repmis, incidentals, and quality control necessary to provide pump and/or motor maintenance and repair services on an "as- needed basis ". Pump and/or motor maintenance and repair services may include, but are not limited to, the following: • Fabrication capabilities • Repair capabilities • Pump & motor upgrades /modifications • QI A validation services The Contractor shall systematically examine, troubleshoot, repair, retrofit, upgrade, replace worn parts or components of equipment with new or reconditioned parts or components and install new equipment. When completed, the equipment must be cleaned, aligned, adjusted, calibrated, balanced, lubricated and all other tasks required, then tested to verify the efficient and effective performance of the component. Specific work requirements will be identified in each individual project as they are deemed necessary and approved by the City. Contractors labor rates set forth herein shall remain fixed and firm for term of contract. Material cost shall be paid at cost for each project at time services are requested. Contractors must be available to provide service twenty -four (24) hours a day, seven (7) days a week, 365 -days a year, including holidays throughout the duration of the contract, and are to give "priority" to all City trade service requests. Response times for trade work will be answered within a 24 -hour period. This contract does not constitute a guaranteed minimum or maximum amount of work. The City reserves the right to obtain like goods and services from other sources. WARRANTY 1. General Warranty. Contractor shall warrant that work performed conforms to the project specifications or PO requirements and is free of any defect in equipment, material, or workmanship performed by Contractor or any of its subcontractors or suppliers at any tier. All work provided by Contractor shall be warranted for a minimum period of I year from the date of final acceptance of the work. 2. Performance Warranty. Work performed under the on -call services contract shall meet all CITY]OFISCHERTZE PAGEHOIE AdvancedF VaterSVellE technologies ]Service]AgreementE applicable standards and codes. Contractor shall guarantee all work against any defects in workmanship, and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of I year after completion of work. The warranty period shall gommence upon date of acceptance by the City. R. Material Warranty. Matdals provided shall be in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MATERIALS ARE NOT ACCEPTABLE, unless previously approved by the City. Materials shall be warranted against material defects and defects in workmanship for a period of not less than 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period hereunder shall be the length of the manufacturer's warranty. Contractor shall be ultimately responsible for the warranty. Contractor shall provide the City with all manufacturers' warranty documents upon completion of service prior to leaving the job site. PRICING FOR SERVICES Service Description Unit of Measure Rate in Dollars Service Call: On -Site Inspection or Hours $125.00 Troubleshooting Monday-Friday: 7:30AM - 5:OOPM Crane Service: 15 & 18 Ton Crane Hours $150.00 with Operator Crane Service: 15 & 18 Ton Crane Hours $215.00 with Operator and Service Truck with 2 -Man Crew Rig Time: Commercial Size Rig, Hours $215.00 Labor and Service Truck with 3 -Man Crew Rig Time: Residential Rig, Labor Hours $200.00 with 2 -Man Crew Shop Labor: Pumping Equipment Hours $100.00 Tear Down, In -House Inspection, Rebuild Overtime Shop Labor: Pumping Hours $125.00 Equipment Tear Down, In -House Inspection, Rebuild Service Truck and 2 -Man Crew Hours $200.00 Emergency Service Call: Weekends Hours $200.00 and After -Hours Emergency Service Call: Holidays Hours $250.00 Emergency Rig Rate: Weekends Hours $225.00 Emergency Rig Rate: Holidays Hours $315.00 E * * All* artsEvillib el 4uotedlhnd >Bpprovedll}ndividually.E E E CITYR)FISCHERTZE PAGEAI1E AdvancedF VaterBVellE technologies ]Service]AgreementE Exhibit»B "E E REQUIREMENTS FOR ALL INSURANCE DOCUMENTS 0 The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the finimum 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 onbEeparateEndorsement. 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]EeparateEndorsement. 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. ChapterH81IlbfEhegexasEnsurance]Code,]SenatelB i11R25E2( R)] BfR01. 1, EtatesEhatE ,heliboveEndorsementsE cannotibeIbnEhels ertificatelbfEnsurance.l SeparateEndorsementslnustlbelprovided >forEachk3fEheEbove. 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. (ACOR.D 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: CityIbflSchertz1E E emailed][Eo:turchasingkschertz.comE PurchasingMepartmentE E Faxedl£o:1210- 619 -1169E 1400 ]SchertzlParkwayE Schertz,H'X178154E CrrYK)FISCHERTZE PAGEA21E AdvancedF VaterBVelln 'echnologies ]Service]AgreementE Advanced ]WaterBVellErechnologies ]Service ]AgreementE (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: 0 A) Certificate of Insurance date 0 B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation. Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non- renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1.81.1.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CrrYK)FISCHERTZE PAGER41E AdvancedF VaterBVellE technologies ]Service]AgreementE ExhibitL C "E EVIDENCE OF INSURANCE CITYK)FISCHERTZE PAGER51E AdvancedF VaterBVellE technologies ]Service]AgreementE I 0 CITYIDFISCHERTZE SERVICEaGREEMENTE E E THENTATEI ®FI TEXASE §E E E E E §E GUADALUPEWOUNTYE §E This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Austin Armature Works, :LP ( "Contractor "). Sectionfl.E Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through September 30, 2019 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement.E E SectionEX ScopeBfMork (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. SectionB.E Compensation (A)E 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 SEVENTY - FIVE THOUSAND AND NO /100 DOLLARS ($75,000.00) per fiscal year. The fiscal year is defined as October 1st through September 30th.E E CITYK)F>SCHERTZE PAGEBW AustinEkrmatureBVorks,ILP)ServicePLgreementE D I SectionWE Timelbf ]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. E Section].E 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: E Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employer's liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at ]east $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: En 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. E 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 CITYIGFECHERTZE PAGERIE AustinEkrmatureBVorks,IEP)ServicePLgreementE D u 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. SectionEX MiscellaneouslProvisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement.111Contractor 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 CITYIGFECHERTZE PAGEBIE AustinEkrmatureBVorks,ILPIServiceULgreementE I I the claiming parry 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) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement 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. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) 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 purchase order, the vendor (Professional or other applicable term defining the contracting parry) 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. SectionIF .E 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 CITYK)FECHERTZE PAGENTE Austinl& rmatureBVorks;TC.P ]ServiceRgreementE E I 0 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 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].E IndemnificationE CONTRACTORaGREESFIOICNDEMNIFYRND IIIOLDirHEICITYIOFISCHERTZ,ff EXASaNDaLLIOFIITSE PRESENT, EFUTUREEANDEFORMEREAGENTS, EEMPLOYEES, EOFFICIALSEANDEREPRESENTATIVESE HARMLESSHNFTHEIRIDFFICIAL ,HNDIVIDUALIANDIREPRESENTATIV EWAPACITIESW ROMIANYFANDE ALLE CLAIMS, EDEMANDS, ECAUSESEDFFACTION ,EJUDGMENTS,ELIENSEANDEEXPENSESE INCLUDINGE ATTORNEY' SI FEES,ISVHETHERIC'ONTRACTUALIORI STATUTORY ),ICOSTSaNDIDAMAGESKWHETHERE COMMONE LAWE ORE STATUTORY),E COSTSE ANDE DAMAGESE (WHETHERE COMMONE LAWE ORE STATUTORY ,FANDEWHETHERFACTUAL,EPUNITI V E, ECONSEQUENTIALEORBNCIDENTAL ),EOFEANYE CONCEIVABLEICHARACTER, FFORHNJURIESFlOFPERSONSI( INCLUDINGH )EATH)H)RECOEPROPERTYE ( BOTHIREALaNDI PERSONAL))CREATEDIBY,a RISING> FROMIDRHNILNY ]MANNERIRELATINGNOWHEE W ORKIDRIG OODSIPERFORMEDIDRIPROVIDEDIBYIC ONTRACTOR I- IEXPRESSLYICNCLUDINGITHOSEE ARISINGFFHROUGHISTRICTILIABILITYK)RH JNDERNHECONSTITUTIONS IDFITHEAJNITEDISTATES.E Sectionl9.E NoticesE 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 (1) 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. SectionHO.E NoElssi2nmentE Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. E E CITYK)FECHERTZE PAGEME Austinl& rmatureBVorks;TC.P ]ServiceRgreementE E I 0 SectionH LE SeverabilityE 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. SectionH2.E WaiverE Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. SectionH3.E Governin2H.aw;BVenueE 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. E SectionH4.E ParagraphHleadings ; ConstructionE 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. SectionHS.E Bindin2MffectE 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. SectionH6.E GenderE 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. SectionH7.E CounterpartsE 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. SectionH&E ExhibitsWattachmentsE All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. E E CITYIDFISCHERTZE PAGEME Austin ULrmatureBV'orks , ff P ]ServiceRgreementE E D I SectionM.E Entirel &mementE 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. SectionRO.E Relationshiplfl ' artiesE 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. SectionRl.E fthtffoauditE 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.E SectionM.E DisputeWesolutionE 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 parry, 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 parry, 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. SectionW.E DisclosureE ofE BusinessE Relationships /Affiliations;E ConflictE ofE InterestE QuestionnaireE Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. CITYK)F>SCHERTZE PAGEFI1E AustinEkrmatureBVorks, ]LP)ServiceagreementE E E Certificateli5fKnterestedIPartiesE 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 6 ontracts with private bti�iness 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 .etl�ics,state,tx.us /whatsnew /elf info rml295.htm and his.//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 MISDEMEANORX E E E [The remainder of this page is intentionally left blan kjE E CITYK)FISCHERTZE PAGE181E Austin]ArmatureFVVorks,]LP]Service]AgreementE EXECUTED on this the day of t CITY: E 0 E E I' W- t : u . Title: City Manager E E E ADDRESSR'ORINOTICE:E E E E City of Schertz Attn: Dr. Mark Browne, City Manager 1400 Schertz Parkway Schertz, Texas 78154 10 IN CrrYK)FISCHERTZE Austin ]ArmatureF Vorks,]LP ]Service ]AgreementE E E E , 2018. CONTRACTOR:E E E By:E E Name:E E Title:E E K 7►11117_ a 1Cl7 m Austin Armature Works 496 Commercial Drive Buda, Tx 78610 PACEH1E ExhibitLA" SCOPE OF WORK 0 fhe City of Schertz has variety of water facilities, wastewater facilities, wastewater collection acilities and drainage facilities that have various pumps and motors, which require pump and /or motor maintenance and repair services from time to time. For the purpose of this contract, maintenance and repair is defined as work that involves the mending of a broken system, component(s), or sub - components) of a pump or motor. Contractor shall furnish all labor, supervision, tools, equipment, materials, metering instruments, supplies, parts, transportation, mobilization, insurance, bonds, permits, repmis, incidentals, and quality control necessary to provide pump and /or motor maintenance and repair services on an "as- needed basis ". Pump and /or motor maintenance and repair services may include, but are not limited to, the following: • Fabrication capabilities • Repair capabilities • Pump & motor upgrades /modifications • QI A validation services The Contractor shall systematically examine, troubleshoot, repair, retrofit, upgrade, replace worn parts or components of equipment with new or reconditioned parts or components and install new equipment. When completed, the equipment must be cleaned, aligned, adjusted, calibrated, balanced, lubricated and all other tasks required, then tested to verify the efficient and effective performance of the component. Specific work requirements will be identified in each individual project as they are deemed necessary and approved by the City. Contractors labor rates set forth herein shall remain fixed and firm for term of contract. Material cost shall be paid at cost for each project at time services are requested. Contractors must be available to provide service twenty -four (24) hours a day, seven (7) days a week, 365 -days a year, including holidays throughout the duration of the contract, and are to give "priority" to all City trade service requests. Response times for trade work will be answered within a 24 -hour period. This contract does not constitute a guaranteed minimum or maximum amount of work. The City reserves the right to obtain like goods and services from other sources. 1. General Warranty. Contractor shall warrant that work performed conforms to the project specifications or PO requirements and is free of any defect in equipment, material, or workmanship performed by Contractor or any of its subcontractors or suppliers at any tier. All CITY]OFISCHERTZE PAGEAOTE Austin ]ArmatureF Vorks,B.P ]Service]AgreementE work provided by Contractor shall be warranted for a minimum period of I year from the date of final acceptance of the work. I Performance Warranty. Work performed under the on -call services contract shall meet all applicable standards and odes. Contractor shall guarantee all work against any defects in workmanship, and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of I year after completion of work. The warranty period shall commence upon date of acceptance by the City. 3. Material Warranty. Materials provided shall be in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MATERIALS ARE NOT ACCEPTABLE, unless previously approved by the City. Materials shall be warranted against material defects and defects in workmanship for a period of not less than 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period hereunder shall be the length of the manufacturer's warranty. Contractor shall be ultimately responsible for the warranty. Contractor shall provide the City with all manufacturers' warranty documents upon completion of service prior to leaving the job site. PRICING FOR SERVICES Service Description Unit of Measure Rate in Dollars Service Call: On -Site Inspection or Man Hours $85.00 Troubleshooting 40% off list Monday-Friday: 7:30AM - 5:OOPM Shop Labor: Pumping Equipment Man Hours $85.00 Tear Down, In -House Inspection, Rebuild Overtime Shop Labor: Pumping Man Hours $127.50 Equipment Tear Down, In -House Inspection, Rebuild Service Truck and 2 -Man Crew Hour $130.00 Emergency Service Call: Man Hours $1.27.50 Weekends, After - Hours, and Holidays MATERIAL PRICE LIST Equipment Descri tion Price Teco Motors 50% off list ABB Water /Wastewater VFD's 30% off list Wilo FA Submersible Wastewater Pumps 40% off list E * * Ailk�therlpartsEvi111$ el4uotedlindEpprovedEndividually .E E E CITY]OFISCHERTZE PAGER I 1 Austin] ArmatureBVorks ,B.P ]Service]AgreementE Exhibit»B "E E REQUIREMENTS FOR ALL INSURANCE DOCUMENTS 0 The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the finimum 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 onbEeparateEndorsement. 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]EeparateEndorsement. 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. ChapterH81IlbfEhegexasEnsurance]Code,]SenatelB i11R25E2( R)] BfR01. 1, EtatesEhatE ,heliboveEndorsementsE cannotibeIbnEhe1s ertificatelbfEnsurance.l SeparateEndorsementslnustlbelprovided >forEachk3fEheEbove. 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: CityIbflSchertz1E E PurchasingMepartmentE 14001SchertzlParkwayE Schertz,H'X178154E CrrYK)FISCHERTZE Austin ]ArmatureF Vorks,]LP ]Service ]AgreementE emaileffo: urchasin schertz.comE E Faxedl£o:1210- 619 -1169E PAGER 21E Austin ]ACmatureRVorks,R P ]ServiceEXgreementE (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: 0 A) Certificate of Insurance date 0 B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation. Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non- renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1.81.1.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CrrYK)FISCHERTZE PAGER 41E Austin ]ArmatureF Vorks,]LP ]Service]AgreementE ExhibitL C "E EVIDENCE OF INSURANCE CITYIDFISCHERTZE PAGER51E Austin ]ArmatureF Vorks,R.P ]Service»greementE Agenda No. 8 Ca II Ili -114111 UON[a 1111 -1, 31 of t/ [I] 71►110041�1 E CitylCouncillMeeting:E E E E E Department:EE E E E E E Subject: BACKGROUNDE FebruaryD6,EME PubliclVVorksE ResolutionENo.EI9 -R -25 — Consideration and/or action approving a Resolution authorizing the acquisition of an additional permanent easement and property necessary for the completion of relocating pipelines and appurtenances related to the FM 1103 Road Widening Project. The City of Schertz is in the final stages of design of a project to relocate water and wastewater lines along FM 1103. Relocation of these lines is necessary due to the TX -DOT FM 1103 Road Widening project that has been designed from IH 35 in Schertz down through the City of Cibolo. The Council approved staff to enter into negotiations with two property owners along FM 1.103 for water and wastewater easements on August 14th, 2018. Since then staff has identified another area where an easement is needed due to changes in the TX -DOT project. There are now three properties along FM 1103 that the City will need to acquire easements from to accomplish the water and wastewater line relocation. One property has already been acquired. Staff is seeking the authority to negotiate with the additional property owner and acquire the necessary permanent easements for installation of the pipelines and appurtenances related to the FM 1103 TX -DOT Road Widening Project. The permanent easements will also allow the City to operate and maintain the system once construction is complete. GoalE Approve Resolution No. 19 -R -25 authorizing the negotiation and acquisition of an additional permanent water and wastewater easements for the pipelines and appurtenances related to the TX -DOT FM 1103 Road Widening Project. CommunityfenefitE Through the acquisition of these easements, the City will have the ability to construct and maintain the necessary water and wastewater infrastructure to continue to serve our citizens in the area. SummarylMIRecommendedi ActionE Staff recommends Council approve Resolution No. 19 -R -25. FISCALBMPACTE The original approved Funds not to exceed amount was $235,000 that would need to be transferred from Water Reserves. Staff is asking for an additional not to exceed amount of $32,000 with a grand total for easements being $267,000. Acquisition is not expected to exceed that amount. If the easements cannot be acquired for approximately the anticipated amount and would push the cost of acquiring all of the easements above $267,000, staff will return to Council to discuss that particular easement agreement. RECOMMENDATIONE Staff recommends Council approval of Resolution No. 19 -R -25. ATTACHMENTSE Resolution No. 19 -R -25 FM 1103 Easement locations RESOLUTIONINO.H9 -R -25E AII2E SOLUTIONIDFETHEFCITYBCOUNCILIDFETHEECITYIDFFSCHERTZ ,ETEXAS,E AUTHORIZINGNHEaC QUISITIONE)FaNRDDITIONALI PERMANENTIEASEMENTE ANDE PROPERTYE NECESSARYE FORE THEE COMPLETIONE OFE RELOCATINGE PIPELINESaNDaPPURTENANCESIRELATEDf fOUHEWMR 1031ROADNVIDENINGE PROJECTIANDIDTHERIMATTERSUNWONNECTIONUHEREWITHE E WHEREAS, the proposed FM 1103 Road Widening project requires water and wastewater pipeline relocations that must be installed in new permanent easements which will be acquired from property owners and held by the City; and WHEREAS, staff has identified an additional area that an easement is needed for the water and wastewater line relocation; and WHEREAS, the proposed easements which will be held by the City will be located in a manner to minimize impacts on the properties; and IE WHEREAS,Eecause this project involves the health safety and welfare of the public, time is of the essence; and WHEREAS, the City hereby seeks authority to negotiate and acquire all necessary easements and land from the property owners along FM 1103 for the relocation of the water and wastewater line realignment. NOWFr HEREFORE, IBEETIRESOLVEDIBYWHEICITY )COUNCILK)FgHEICITYE OFECHERTZ,KEXAS:E E Part 1: That Staff of the City of Schertz, Texas, is hereby authorized to negotiate and acquire all necessary easements from property owners as generally shown on Exhibit A. Part 2: That the City Manager is authorized to execute any and all documents necessary to complete the acquisition of all necessary easements contemplated herein. Part 3: That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz this project serves the public purpose of construction and relocation of pipelines and appurtenances necessary to continue to provide water and wastewater services to the residents along FM 1103. Part 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Part 5: All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Part 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Part 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Part 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Part 9: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. E PASSEDa NDaDOPTED ,EhisE6tbldaylbfWebruaryBO19.E CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) E E CityEouncilD✓Ieeting:E E Department:EE E Subject: BACKGROUNDE Agenda No. 9 CITYICOUNCILD%IEMORANDUME L E E E E Februaryl26,12019E E E PublicWVorksE ResolutionRNo.Il9 -R -26 — A Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with C -3 Environmental Specialties relating to the construction of the 2018 Drainage Maintenance Projects.E Staff is recommending Council approve the Resolution 1.9 -R -26 authorizing two drainage projects, Greenridge and Hidden Grove due, to construction costs being higher than initially projected. The goal of the 2018 Drainage Maintenance Projects is to eliminate ongoing maintenance and safety issues for the City's drainage staff and citizens. The Drainage Department recommended completing several projects throughout the City as part of the 2018 Drainage Budget. This included one project adding underground storm sewer and five projects adding concrete rip rap. Below is a list of the planned projects with a brief summary of the planned project scope. • Hiddenl rove — Taking existing surface drainage into an underground system to allow for easier maintenance due to steep existing side slopes. • Castle>fIills — Final 300 foot phase of previous concrete rip rap project in exiting drainage channel from Chelsea Drive to the golf course. • ColonieslDitch — Installing concrete rip rap along steep channel slope across Schertz Parkway from Buffalo Drive. • SchaeferB2oad — Fill in small missing piece of concrete rip rap between existing concrete channel and Schaefer Road behind the Willow Grove subdivision. • Dietz]Road - Installation of sidewalk and concrete channel behind Dove Meadows along Dietz Road across from Dobie Middle School. • OsagelAvenue — Installing concrete rip rap in existing drainage channel in Woodland Oaks subdivision to continue existing rip rap in order to reduce wash outs. City Council approved Resolution 18 -R -09 in February 2018 approving a design contract with Lockwood, Andrews & Newnam, Inc. (LAN) to design the six drainage projects. In addition to the originally planned six drainage projects, in 2018 the Engineering Department began working on developing the Greenridge Drainage project. This project was identified as a priority by management to add a drop inlet in Greenridge to accept water from the Fairhaven Subdivision prior to it entering the Scenic Hills Community. In May 2018 this project was advertised for bid, but because of low contractor interest and high bids, it was determined to reject all bids and add the project to the 2018 Drainage Maintenance Projects. Each of these projects are relatively small projects and as such, on their own, would struggle to attract contractors who are working much larger projects that are prevalent in today's economy. As a result, in an attempt to obtain the most favorable pricing, the seven projects were combined into a single bid package to create one large project. The one larger project was also intended to attract a larger pool of contractors than any of the projects could draw on their own. In July 2018, the 2018 Drainage Maintenance Projects were advertised for bid using a Competitive Sealed Proposal Method. Despite the larger project package, only two contractors submitted proposals. Due to the low contractor interest and bids that were over budget, City Staff recommended that all of the bids received be rejected. On September 4, 2018, City Council approved Resolution 18 -R -121 rejecting the bids. City Staff and the design team reassessed the bidding process used for these projects which included discussing the project with several contractors to gain feedback as to why the project had generated such low interest. Two main reasons were identified: • The original bid package included three projects in the "Base Bid" and had the remaining four projects as alternates. This created uncertainty about which projects would be awarded. • The project was bid using the Competitive Sealed Proposal Method which uses a scoring system to evaluate the proposals on more than just price. This type of procurement method takes more time for contractors to prepare, which is less appealing in the current busy construction market. In response to the feedback received, City Staff determined that the 2018 Drainage Maintenance Projects would be re -bid using a Lowest Qualified Bidder Method and the bid package would only include the two top priority projects, Greenridge and Hidden Grove. The re -bid 2018 Drainage Maintenance Projects was advertised on January 8, 2019 and bids were due January 17, 2019. Three contractors submitted proposals for the project. C -3 Environmental Specialties was the lowest bidder. City Staff evaluated the C -3 Environmental Specialties proposal and found them to be qualified to complete the project based on their experience on other drainage projects. C -3 Environmental Specialties proposed to perform the work for $399,820.45 and City Staff recommends a 10% contingency for the project. Once the contract is authorized, a notice to proceed is expected to be issued within two to three weeks. The project duration per the contract is 90 days. COMMUNITYMENEFITE Greenridge and Hidden Grove were discussed by Public Works and Engineering as being the top priorities out of the projects designed. Greenridge is designed to resolve ongoing concerns from citizens regarding ponding /flooding in the roadway. Hidden Grove presented the highest safety concerns for the drainage maintenance staff due to the steep slopes present in the channel. Often the slopes went unmaintained because of the challenging geometry which would not allow common maintenance techniques to be used. E FISCALUMPACTE This contract will be funded from the Drainage Fund as approved with Ordinance 19 -T -06. RECOMMENDATIONE Staff recommends Council approve Resolution 19 -R -26 authorizing the City Manager to enter into a contract with C -3 Environmental Specialties in an amount not to exceed $439,803.00 for the construction of the 2018 Drainage Maintenance Projects. ATTACHMENTSE Resolution 19 -R -26 Contract with C -3 Environmental Specialties Bid Summary Table Drainage Powerpoint RESOLUTIONINO.M9 -R -26E AIRESOLUTIONIBYUHEICITY ICOUNCILK)FUHEICITYK)FISCHERTZ,E TEXAS,FAUTHORIZINGFAICONTRACTBV ITHIC- 31ENVIRONMENTALE SPECIALTIESERELATINGETOETHEECONSTRUCTIONEOFETHEE2018E DRAINAGES✓IAINTENANCEWROJECTS.IE WHEREAS, the City of Schertz (the "City ") has a need to improve existing drainage infrastructure; and WHEREAS, the City solicited competitive proposals from qualified vendors for constructions services related to the 2018 Drainage Maintenance Projects; and WHEREAS, City staff has determined that C -3 Environmental Specialties is qualified to provide such services for the City; and WHEREAS, City Council has authorized funding for the 2018 Drainage Maintenance Projects from the Drainage Fund with Ordinance 19 -T -06. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver a contract in substantially the same form as Attachment A with C -3 Environmental Specialties for an amount of $399,820.45 with a contingency amount of $39,982.55 for an overall not to exceed amount of $439,803.00. 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 February, 2019 Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor 10 -2- CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARDWORMWaGREEMENTE BETWEENIDWNER»NDICONTRACTORE This Agreement is made and entered into as of the day of , 2019 by and between. the: KO� The City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 (210) 619 -1000 and "CONTRACTOR" C -3 Environmental Specialties 132 Nell Deane Blvd Schertz, Texas 78154 (210) 653 -7801 . for the following Project: 2018IDRAINAGEIMAINTENANCEI 'ROJECTS,192019 -009E E E The ENGINEER for the Project is: Lockwood, Andrews, and Newnam, Inc. (LAN) 10101 Reunion Place Suite 200 San Antonio, Texas 78216 (210) 499 -5082 SFA - 1 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT 1.0111THENVORKR)FEMIS W ONTRAC TE Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable: Addenda issued by ENGINEER General Conditions Performance and Payment Bonds Request For Proposal and Contract Forms Technical Specifications Drawings 2.0WONTRACTEFIMEIANDWOMPLETIONE §I2.11ffhe date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNERE §H.2HContractffimeE §2.2.119he Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. §I2.31[SubstantiallCompletionE The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 90E calendarldays from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. §I2AHLiquidated]DamagesE E The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of Six hundred dollars per day ($600) for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages ") that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. §12.5flFINALICOMPLETIONE E §12.5.1f'imely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General Conditions to this Agreement. §8.5.2flFinal Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents. §B.]Erhe OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR's performance of the Contract. The Contract Sum shall be Three hundred ninety- nine thousand eight hundred twenty dollars and forty -five cents ($399,820.45) subject to additions and deductions as provided in the Contract Documents. §B.29he Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the OWNER: x=41 SEA - 3 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT §B.Mnit prices, if any: AREA 2-HIDDEN GROVE Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price 01502 MOBILIZATION LS 1 $17,500.00 $17,500.00 01502.1 INSURANCE & BOND LS 1 $7,500.00 $7,500.00 01570 STORMWATER POLLUTION CONTROL LS 1 $4,500.00 $4,500.00 01740 VEGETATIVE WATERING MO 3 $1,900.00 $5,700.00 02633.5 JCTBOX(COMPL)(PJB)(5FTX5FT) EA 2 $7,000.00 $14,000.00 02221,11 REMOVING CONC (RIPRAP) SY 275 $27.00 $7,425.00 02221.12 REMOVING 42" CMP LF 135 $30.00 $4,050.00 02233 CLEARING AND GRUBBING AC 0.6 $1,750.00 $1,050.00 02260 TRENCH SAFETY SYSTEM LF 497 $7.00 $3,479.00 02314 CHANNEL EXCAVATION CY 69 $37.00 $2,553.00 02316 FLOWABLE FILL CY 3.4 $280.00 $952.00 02505 HDPE (48") LF 994 $164.00 $163,016.00 02632 HEADWALL (CH-PW-0) (HW=7 FT) EA 1 $20,000.00 $20,000.00 02633.2 INLET (COMPL)(PAZD)(FG)(5FT X 5FT - 4FT X 4FT) EA 4 $8,100.00 $32,400.00 02921 DRILL SEED SY 2980 $.14 $417.20 02926.02 SOIL RETENTION BLANKETS (CL 2)(TY E) SY 1029 $6.50 $6,688.50 03300 RIPRAP (CONC) (5 IN) SY 106 $80.00 $8,480.00 03300.01 CLACONC CY 2 $600.00 $1,200.00 SUB-TOTAL OF ALL UNIT PRICE BID ITEMS (AREA 2) $ 300,910.70 AREA 7-GREENRIDGE Item Estimated Bid Unit Description Unit Bid Price No. Quantity Price 01502 MOBILIZATION LS 1 $5,500.00 $5,500.00 01502.1 INSURANCE&BOND LS 1 $3,400.00 $3,400.00 01570 STORMWATER POLLUTION LS 1 $2,100.00 $2,100.00 CONTROL 02221.1 REMOVE & DISPOSE ASPHALT SY 57 $36.00 $2,052.00 PAVING 02221.2 REMOVE & DISPOSE CURB & LF 47 GUTTER $29.00 $1,363.00 02221.4 REMOVE & DISPOSE CONC. SY 22 SIDEWALK 1 $64.00 $1,408.00 SEA - 4 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT 02221.7 REMOVE & DISPOSE STORM DRAIN LF 11 $350.00 $3,850.00 02221.7 REMOVE & DISPOSE INLET EA 1 $3,700.00 $3,700.00 02221.9 REMOVE & RECONSTRUCT SEGMENTAL WALL LF 3 $475.00 $1,425.00 02221.1 REMOVE & REPLACE WROUGHT IRON FENCE LF 50 $31.00 $1,550.00 02226 TRENCH SAFETY SYSTEM LF 11 $60.00 $660.00 02511 A ADJUST EX. WATERLINE LS 1 $15,000.0 $15,000.00 02631.1 24" RCP (CL III) LF 11 $336.00 $3,696.00 02633 TY W -5 INLET EA 1 $48,000.00 $48,000.00 02741.1 REPLACE EX. PVM7 (VARIOUS DEPTHS) SY 57 $50.00 $2,850.00 02771.1 CONC. CURB & GUTTER LF 47 $18.25 $857.75 02775 4" CONC. SIDEWALK SY 22 $61.00 $1,342.00 02922 BLOCK SOD SY 39 $4.00 $156.00 SUB -TOTAL OF ALL UNIT PRICE BID ITEMS (AREA 7) $ $98,909.75 4.0H'AYMENTE E §14.1MPPLICATIONSWORIPAYMENTE Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. §14.1.1HApplications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. §14.1.2ffSubject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5.00 %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included; SEA - 5 CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5.00 .3 Subtract the aggregate of previous payments made by the OWNER; and .4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a Certificate for Payment. §14.1.31ffhe progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the ENGINEER shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and E .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the CONTRACTOR, any additional amounts payable. §14.1.4 eduction or limitation of retainage, if any, shall be as follows: §14.1.5HExcept with the OWNER's prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §14.2WINALIPAYMENTE §14.2.11HFinal payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the OWNER to the CONTRACTOR when .1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR's responsibility to correct Work as provided in the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a letter of Final Acceptance has been issued by the ENGINEER and accepted by the OWNER. §14.2.2ffhe OWNER's final payment to the CONTRACTOR shall be made no later than 30 days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the ENGINEER's final Certificate for Payment: CITY OF SCHERTZ 2018 DRAINAGE MAINTENANCE PROJECTS STANDARD FORM OF AGREEMENT This Agreement is entered into as of the day and year written above ("The Date of Execution"): OWNER By: _ Title: CONTRACTOR By: _ Title: SEA - 7 Bid Summary Table 2018 Drainage Maintenance Projects Vendor Hidden Grove Greenridge Total C -3 Environmental Specialties $ 300,910.70 $ 98,909.75 $ 399,820.45 D &S Concrete Contractors $ 411,292.00 $ 98,250.00 $ 509,542.00 E -Z Bel Construction $ 424,193.00 $ 100,373.00 $ 524,566.00 I Cityllouncil FebruaryD-6,aoig 2018 Drainage Maintenance Projects 0 Planned for in the FY 17-18 Drainage Budget 19 Goal was to eliminate ongoing maintenance and safety issues 19 Conceptual scopes of work were priced to develop the budget Projects were designed by LAN Original project t contained six projects * Hidden Grove - Osage Avenue PT R C SCHHERTZ I OT 2 2 0 Located on Greenridge iri it Subdivision Goal was to capture stormwater on the street with a drop inlet to prevent the stormwater from flowing into the Scenic Hills Community 0 Project was designed by LAN Funded using left over Drainage Bond ft inds Project was publicly bid in May 2018, contractor interest and high bids but bids m rejected Is City Staff determined that adding the project and funding Maintenance . SCHHERT Z I COMMUNMY SERVICE 3 2018 Drainage Maintenance Projects COMMUNMY SERVICE SCHIFIRTZ I OPPORTUNITY 2018 Drainage Maintenance Projects 0 1 he project was publicly bid in JLJ1y 2018 Three projects were included in the rase Bid ( r er i , Hidden Grove, and Castle Dills) 0 F our projects were inClUded as Bid Alternates 0 Due to low contractor interest and bids that were over budget, City Staff recommended that l f the i reject ed (Resolution 18-R-121) City t ff and LAN determined to if the c to the top two priority r jests (Greenridge and Hidden r to t Qualified Bidder procurement method Is Out of the three i received, C- r t l Specialties was the successful lowest qualified i r City t ff recon,imends the f the c° tr ct to iron rat l Specialties for it not-to-exceed f SCHHERTZ 1 5 COMMUNMY SERVfCE SCHIIERTZ, I OPPORTUNRY Informational only l0A [a IM : K11NO UGIIt-41111101 to] 7_101100/1�1 CityEouncilffleeting:E Februaryl26,12019E Department:E Public]WorksE Subject:1E Waterl'ressureEoncerns At the January 8"', 2019 council meeting, a resident from the Laura Heights subdivision spoke under citizens to be heard agenda item a about water pressure issues and fluctuations at her home. She also said that other residents in her area are having the same concern. The next day we sent staff members from the water and wastewater division out to investigate. The staff member checked the resident's line to see what the pressure was. The pressure was at the time 75 psi. City staff contacted the resident and was told it drops lower at times during the evening hours. Staff had installed a pressure chart earlier that year and discovered that the pressure indeed dropped at times during the day due to the Ware Seguin storage tank filling. Staff installed a pressure chart once again to confirm this was the issue. Results again from the pressure chart showed pressure drop at the times the tank was filling. The pressure never dropped below the TCEQ minimum required. Staff made some SCADA adjustments to the filling time of the tank, changing the time that the tank filled to the late -night hours when less water would be used and slowed the fill speed to extend the fill time which took less pressure away from the line when filling. After a couple adjustments, staff feels that the pressure drops are less significant and during times that minimal disturbance will be felt from residence. Staff once again installed the pressure recording device to verify the results, the chart showed the pressure staying between 55 -60 psi when filling instead of dropping to 35 -40 psi that it was doing before. Staff has continued to stay in contact with the resident with the most recent contact being on February 11, 2019. The resident stated she had noticed the adjustment and was happy with the changes and the improvement the city has made. Staff received some comments from residents at the Council on the Go meeting about water pressure and will work with them going forward to understand what they are experiencing. Date: 2/19/2019 From: Finance Department To: Mayor and Councilmembers Subject: Mayor and Council Compensation Ordinance 08 -G -31 provides for annual pay adjustments based on the January Consumer Price Index (CPI) for the South Region. The CPI report for January was released mid - February. Below is a table show the CPI percentage change and the combined compensation and allowance amounts per pay period. For the pay date of March 22, 2019, Mayor and Councilmember pay will be set to the 2019 amounts shown in the table. There will be no retroactive adjustment to the pay amount. Ordinance 08 -G -31 allows for the Mayor or Councilmembers to opt out of the pay change by submitting a letter with this intent to the City Manager. If you would like to remain at your current pay level please notify the City Manager by March 15, 2019. Thank you, James Walters Director of Finance 1400 Schertz Parkway Schanz, Texas 78154 210.6191000 2018 2019 Mayor $ 243.61 $ 246.53 Council $ 148.88 $ 150.67 CPI 1.2% For the pay date of March 22, 2019, Mayor and Councilmember pay will be set to the 2019 amounts shown in the table. There will be no retroactive adjustment to the pay amount. Ordinance 08 -G -31 allows for the Mayor or Councilmembers to opt out of the pay change by submitting a letter with this intent to the City Manager. If you would like to remain at your current pay level please notify the City Manager by March 15, 2019. Thank you, James Walters Director of Finance 1400 Schertz Parkway Schanz, Texas 78154 210.6191000 SOUTHEAST INFORMATION OFFICE: Atlanta, Ga. Technical information: (404) 893 -4222 BLSInfoAtianta @bis.gov www.bis.gov /regions /southeast Media contact: (404) 893 -4220 Consumer Price Index, South Region — January 2019 Prices in the South up 0.2 percent over the month and 1.2 percent over the year The Consumer Price Index for All Urban. Consumers (CPI -U) for the South edged up 0.2 percent in January, the U.S. Bureau of Labor Statistics reported today. The all items less food and energy index and the food index were up 0.4 percent each over the month. The energy index declined 2.1 percent in January. (Data in this report are not seasonally adjusted. Accordingly, month -to -month changes reflect the impact of seasonal. influences.) The all items CPI -U for the South increased 1.2 percent over the year. Since January 2018, the all items less food and energy index advanced 1.9 percent and the food index rose 1.5 percent. The energy index declined 6.6 percent over the last 12 months. (See chart 1 and table 1.) IN 9. Jan Ap r Jul Oct x.18 Source: U.S. Bureau of Labor Statistic. 1 , Jan ,fir Jul 0 C Jan Apr Jul Oct Jan '17 118 119 Food The food index rose 0.4 percent in January, reflecting over - the -month increases in the food at home index (0.4 percent) and the food away from home index (0.3 percent). The food index advanced 1.5 percent since January 2018, . led by a 2.6- percent increase in the food away from home index. Over the year, the food at home index rose 0.5 percent. Energy The energy index declined 2.1 percent in January. The gasoline index fell 4.1 percent and the electricity index edged down 0.2 percent over the month. The utility (piped) gas service index rose 0.7 percent in January. The energy index fell 6.6 percent from January 2018-January 2019, fueled by a 13.8- percent decline in the gasoline index. The electricity index rose 1.4 percent and the utility (piped) gas service index increased 0.5 percent over the last 12 months. All items less food and energy The index for all items less food and energy increased 0.4 percent in January, as several indexes had increases including shelter (0.3 percent) and new vehicles (L 1 percent). Since January 2018, the index for all items less food and energy advanced 1.9 percent. Several indexes recorded increases over the year; most notably shelter (2.7 percent). Geographic divisions Additional price indexes are now available for the three divisions of the South. Over the month, the all items CPI -U edged up 0.2 percent in the East South Central and South Atlantic divisions. The all items index in the West South Central division inched up 0.1 percent. Over the year, the all items index advanced 1.5 percent in the South Atlantic division. The all items index rose 0.8 percent in the West South Central division and 0.6 percent in the East South Central division. Table A. South region CPI -t1 1 -month and 12 -month percent changes, all items index, not seasonally adjusted Month 2015 12- 1 -month month 2016 12- 1 -month month 2017 1 12- 1 -month month 2018 12- 1 -month month 1 2019 12- 1 -month month January ............... ............................... -0.7 -0.4 0.0 1.2 0.5 2.6 0.5 1.8 0.2 1.2 February ............. ............................... 0.5 -0.3 0.1 0.7 0.2 2.8 0.6 2.1 March ................. ............................... 0.6 -0.3 0.6 0.7 0.0 2.2 0.2 2.3 April .................... ............................... 0.3 -0.6 0.4 0.9 0.2 2.0 0.4 2.4 May ..................... ............................... 0.4 -0.4 0.4 0.9 0.0 1.7 0.3 2.7 June .................... ............................... 0.5 -0.1 0.4 0.8 0.2 1.5 0.2 2.7 July ..................... ............................... -0.1 -0.1 -0.2 0.7 -0.2 1.6 0.0 2.9 August ................ ............................... -0.2 -0.2 0.1 1.0 0.4 1.9 -0.1 2.4 September .......... ............................... -0.2 -0.4 0.2 1.4 0.7 2.4 0.0 1.7 October ............... ............................... 0.0 -0.1 0.1 1.5 -0.2 2.0 0.2 2.1 November ........... ............................... -0.2 0.3 -0.1 1.6 -0.1 2.1 -0.3 1.9 December ........... ............................... -0.4 0.51 0.1 2.0 -0.1 1.8 -0.5 1.5 The Consumer Price Index for February 2019 is scheduled to be released on Tuesday, March 12, 2019. 2 Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 93 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers 29 percent of the total population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self - employed, short -term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day -to -day living. Each month, prices are collected in 75 urban areas across the country from about 5,000 housing units and approximately 22,000 retail establishments— department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date (1982 -84) that equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982 -84 to $11.65. For further details see the CPI home page on the Internet at www,bls.gov /cpi and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at www,bls.gov/opub/hom/pdf/homchl Tpdf. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long -term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The South region is comprised of Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691 -5200; Federal Relay Service: (800) 877 -8339. 9 laA�a1.ConsumnmrPr�u� Index for �d|Urban ConsumnmrsUCP�U\: Indexes and percent changes for selected pa�odaSouth (1982-84=iD0un�m�s otherwise noted) (not seasonally adjusted) Item and Group Indexes Percent change from- Nov. Dec. Jan. Jan. Nov. Dec. 2018 2018 2019 2018 2018 2018 Expenditure category Nonalcoholic beverages and 165.199 166.687 170.030 2.0 2.9 2.0 Owners'equiv. rent of residences(l) .... 278.984 279.342 279,750 2.7 0.3 0.1 Owners'equiv. rent of primary 278.980 279.337 279.748 2.7 0.3 0.1 Household furnishings and operations ..... 122.283 122.739 123.601 2.1 1.1 0.7 Tuition, other school fees, and child 1,326,933 1,326.980 1,321,563 1.6 -0.4 -0.4 Commodity and service group Note: See footnotes at end of table. Dairy � B B� l Note: See footnotes at end of table. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods South (1982 -84 =100 unless otherwise noted) (not seasonally adjusted) - Continued Indexes Percent change from - Item and Group Jan. Nov. Dec. Nov. Dec. Jan. 2018 2018 2019 2018 2018 2018 Commodities ................ ............................... 183.621 180.668 180.980 -0.7 -1.4 0.2 Commodities less food and beverages .... 151.405 147.233 147.336 -1.9 -2.7 0.1 Nondurables less food and beverages. 200.035 189.494 188.328 -4.3 -5.9 -0.6 Nondurables less food, beverages, 240.410 226.703 223.809 -6.2 -6.9 -1.3 and apparel ....... ............................... Durables ... ............ . ................. ............ - 107.068 107.268 108.156 0.8 1.0 0.8 Services ........... ............ . ................. ............ - 303.679 304.088 304.570 2.4 0.3 0.2 Rent of shelter( 1) ....... ............................... 284.049 284.405 285.203 2.7 0.4 0.3 Transportation services.... ... ....... ... 361.090 359.031 357.177 1.9 -1.1 -0.5 Other services . ... ........ - ............................ 343.575 343.108 343.819 1.5 0.1 0.2 Special aggregate indexes All items less medical care .............................. 231.423 230.069 230.363 1.2 -0.5 0.1 All items less food ............ ............................... 241.803 240.105 240.426 1.1 -0.6 0.1 All items less shelter ......... ............................... 231.548 229.578 229.833 0.5 -0.7 0.1 Commodities less food ..... ............................... 153.980 149.854 149.964 -1.8 -2.6 0.1 Nondurables ..................... ............................... 224.556 219.277 219.045 -1.3 -2.5 -0.1 Nondurables less food ...... ............................... 201.841 191.785 190.701 -3.9 -5.5 -0.6 Nondurables less food and apparel ................. 238.887 226.216 223.593 -5.6 -6.4 -1.2 Services less rent of shelter (1) ........................ 337.843 338.331 338.448 2.0 0.2 0.0 Services less medical care services ................ 286.011 286.383 286.733 2.4 0.3 0.1 Energy .............................. ............................... 199.670 187.659 183.724 -6.6 -8.0 -2.1 All items less energy ........ ............................... 249.187 249.057 249.946 1.9 0.3 0.4 All items less food and energy .................... 248.971 248.628 249.515 1.9 0.2 0.4 Commodities less food and energy 146.050 145.102 146.342 0.6 0.2 0.9 commodities .............. ............................... Energy commodities. ... ........ ........... 224.294 197.057 189.095 -13.4 -15.7 -4.0 Services less energy services... ........... 315.788 315.952 316.500 2.4 0.2 0.2 Footnotes (1) Indexes on a December 1982 =100 base. (2) Indexes on a December 1997 =100 base. (3) Special index based on a substantially smaller sample. (4) Indexes on a December 1993 =100 base. (5) Indexes on a December 1977 =100 base. - Data not available. Regions defined as the four Census regions. South includes Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. E E E CitylCouncilffleeting:E E Department: EE E E Subject: E E E E FebruaryE6,2019E E E E E CityfldanagerE SocialfflediaWpdate Agenda No. l OC Staff presented the final version of the City's Social. Media Policy at the February 13, 2018 City Council meeting. This policy outlined processes and procedures for use of any and all social media platforms on behalf of the City of Schertz to disseminate public information and/or promote events, programs and city services. The policy also created a centralized approach for social media management that assists in the oversight and control of the City's message. E This is an operational policy that was approved at the City Manager level but was presented to City Council to keep them informed. While this policy does include a brief section regarding personal social media use by City employees, it does not govern social media accounts by elected and appointed officials. With regards to use of social media by government officials, the City Attorney gave a presentation during a workshop session at the August 7, 2018 City Council meeting. The link to that meeting can be found here E