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04-28-2020 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL April 28, 2020 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively s a team City a will hold its regularly R .ym, Tuesdiky, April 28, 2020 at the l Council Chambers. In lieu of attending the tl ill person, residents wi l have the opportunity to watch the meeting via °r stream on the g 's YouTube ChanneL Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scott Larson) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) Hearing of Residents Residents ents who choose to watch the aazeetlrrq via five stream, but who would like to participate in Residents to be Heard, should email their crrrurrxents to C ify Secretary, Brenda Dennis, at bderarras(aschertzxo by 5:00 p. . on Monday, April 27, 2 20, SO THAT THE CITYSECRETARYMAYREAD THE PUBLIC COMMENTS INTO THE RECORD UNDER THE HEARING OF RESIDENTS. In the bogy Qf the email please include your name, your address, phone number, agenda hears # if applicable or subject a4'discussion, and your comments. April 28, 2020 City Council Agenda Page 1 This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 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. The following was read into record: 1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of April 14, 2020. (B. Dennis) 2, Resolution No. 20 -R -32 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing EMS debt revenue adjustments, Utility Billing debt revenue adjustments and Schertz Magazine debt revenue adjustments for certain inactive outstanding receivables and other matters in connection therewith. (B. James /J. Walters) 3 Resolution No. 20 -R -38 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement between the City of Schertz and Education Service Center Region 20 for the participation in the ESC 20 Fiber Consortium and other matters in connection therewith. (B. James /M. Uhlhorn) 4. Resolution No. 20 -R -41 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures in an amount not to exceed $100,000 with Gall's LLC. (C. Kelm /J. Gohlke) 5 Resolution No. 20 -R -43 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the submission of a Grant Application in an amount up to $78,398.00 to the Office of the Governor, Homeland Security Division for the 2020 State Homeland Security Grant Urban Area Security Initiative (UASI) Program; and authorizing the acceptance of the funds, upon award. (C. Kelm /K.:Long) April 28, 2020 City Council Agenda Page 2 Resolution No. 20 -R -44 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures with Farrwest Environmental Supply totaling no more than $90,000.00 for supplies and equipment during the 2019 -2020 Fiscal Year and other matters in connection therewith. (C. Kelm /K. Long) 7, Resolution No. 20 -R -45 - Consideration and /or action approving a Resolution by the City Council of The City Of Schertz, Texas authorizing expenditures in an amount not to exceed $525,000.00 with Siddons Martin Emergency Group and other matters in connection therewith. (C. Kelm/K. Long) g Resolution No. 20 -R -46 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz Texas, authorizing an Interlocal Agreement for funding assistance with the Schertz Housing Authority. (M. Browne /B. James) Public Hearings 9. Ordinance No. 20 -S -12 - Conduct a public hearing, consider and take action on a request for a Specific Use Pennit to allow a Convenience Store with Gas Pumps on approximately 2 acres of land, more specifically described as the southeast corner of FM 3009 and Ripps- Kreusler Road, City of Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood/N. Koplyay) Discussion and Action Items 10 Ordinance No. 20 -T -14 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an Adjustment to the Fiscal Year 2019 -2020 Reserves for $250,025.00; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (C. Kelm/S. Williams /D. Letbetter) 11. Ordinance No. 20 -11-15 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz amending Ordinance No. 20 -H -13; extending a Declaration of Local Disaster and Public Health Emergency; amending the rules and regulations for the duration of the disaster; restricting certain activities; establishing penalties for violations; providing and effective date and declaring an emergency. First and Final Reading (Mayor /Council) Roll Call Vote Confirmation Workshop 12. Discussion and Presentation regarding procurement procedures and policies. (C. Kelm /J. Gohlke) Roll Call Vote Confirmation Closed Session April 28, 2020 City Council Agenda Page 3 13, City Council will recess into Closed Session as authorized by the Texas Open Meetings Act, the City Council will adjourn into closed under Section 551.071, of the Texas Government Code Consultation with legal counsel regarding pending litigation: 1. Cause No. D- 1- GN -18- 006040; Cibolo,et al v.TCEQ 2. Green Valley Special Utility District vs. City of Schutz et al; Case No.: 17 -CV- 00819 -SS (U.S. District Court, Western District of Texas, Austin Division); Fifth Circuit of Appeals Case No. :18-51092 Reconvene into Regular Session 13A. Take any action based on discussions held in closed session under Agenda Item 13. Roll Call Vote Confirmation Information available in City Council Packets - NO DISCUSSION TO OCCUR 14 Update on drainage project 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 Adjournment CERTIFICATION 1, 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 24th DAY OF APRIL 2020 AT 2:35 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. MENK3235TUM 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 , 2020. TITLE: April 28, 2020 City Council Agenda Page 4 This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. Zf 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 fisted above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Gutierrez Audit Committee Investment Advisory Committee Main Street Committee Councilmember Davis— Place 1 Audit Committee Interview Committee for Boards and Commissions Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Larson — Place 3 Main Street Committee — Vice Chair Councilmember Heyward — Place 6 Audit Committee Investment Advisory Committee Schertz Animal Services Advisory Commission Councilmember Scagliola — Place 5 Cibolo Valley Local Government Corporation - Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Schertz- Seguin Local Government Corporation Councilmember Scott — Place 2 Interview Committee for Boards and Commissions Councilmember Dahle — Place 4 Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions TIRZ II Board Councilmember Brown — Place 7 Main Street Committee Schertz- Seguin Local Government Corporation - April 28, 2020 City Council Agenda Page 5 Agenda No. 1. ei 10UM City Council April 28, 2020 Meeting: Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of April 14, 2020. (B. Dennis) The City Council held a Regular City Council meeting on April 14, 2020. RECOMMENDATION Recommend Approval. Attachments 4 -14 draft min DRAFT MINUTES REGULAR MEETING April 14, 2020 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 14, 2020, 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: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Mark Davis; Councilmember Rosemary Scott; Councilmember Scott Larson; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown; Councilmember Allison Heyward City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff. Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez Call to Order — City Council Regular Session Mayor Gutierrez called the regular meeting to order at 6:00 p.m. Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scott) Councilmember Rosemary Scott provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) No announcements were provided. • Announcements and recognitions by the City Manager (M. Browne) Mayor Gutierrez recognized City Manager Dr. Mark Browne who mentioned that it was officially National Public Safety Telecommunications week and normally we present a proclamation but given the situation we are not going to do this tonight. He did want to recognize our find Dispatch Operators and all the Telecommunicators in our dispatch office for the great work they do. *Announcements and recognitions by the Mayor (R. Gutierrez) Mayor Gutierrez reminded students who were participating in the Hal Baldwin Scholarship to sign the sheet in the back if in attendance but also stated that if students are applying, they do not have to attend the meeting in person but can watch it on -line and still get credit. He stated that students should contact Sarah Gonzalez at 210- 619 -1015 for any questions, or they can email her at sgonzalez@schertz.com. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Gutierrez indicated no one signed up to speak on the speakers form. Mayor Gutierrez recognized City Secretary Brenda Dennis and asked if anyone had emailed her who wished to address Council. Ms. Dennis stated no one else had signed up. N 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. The following were read into record: 1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of April 7, 2020. (B. Dennis) 2. Ordinance No. 20 -H -06 - Consideration and /or action approving an Ordinance of the City of Schertz, Texas, amending chapter 14- Animal Control, of the code of Ordinances; providing for mandatory micro chipping regulations for dogs and cats; therefore removing the requirement for an annual city license for dogs and cats; providing a conflict clause; providing for severability; providing for publication; and providing an effective date. Final Reading (C. Kelm/M. Bane /S. Solitto) 3. Ordinance No. 20 -D -10 - Consideration and /or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Section 86 -115, Maximum limits generally on specific streets, adding the maximum speed limits of FM 1103 to a construction speed limit and thus temporarily changing the maximum speed limit. Final Reading (C. Kelm /S. Williams /D. Letbetter) 4. Ordinance No. 20 -T -11 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2019 -2020 Budget to transfer funds for the purchase of software, parts, and labor for 14 existing Flashing School Zone Lights and the purchase of three additional lights, repealing all ordinances in conflict with this ordinance; and providing an effective date. Final Reading (C. Kelm/S. Williams /D. Letbetter) Mayor Gutierrez recognized Councilmember Rosemary Scott who requested agenda #2 be removed from consent for separate action. Moved by Mayor Pro -Tem Mark Davis, seconded by Councilmember Rosemary Scott to approve consent agenda items, 1, 3 and 4. 3 AYE: Mayor Pro -Tem Mark Davis, Councilmember Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward Passed Discussion and Action Item The following captions were read into record: 2. Ordinance No. 20 -R -39 - Consideration and /or action approving an Ordinance of the City of Schertz, Texas, amending chapter 14- Animal Control, of the code of Ordinances; providing for mandatory micro chipping regulations for dogs and cats; therefore removing the requirement for an annual city license for dogs and cats; providing a conflict clause; providing for severability; providing for publication; and providing an effective date. Final Reading (C. Kelm /M. Bane /S. Solitto) Mayor Gutierrez recognized Assistant Police Chief Marc Bane who introduced this item stating he is available to address any questions. Mayor Gutierrez recognized Councilmember Rosemary Scott who again expressed her concern of the micro chipping causing cancer in animals. She provided some information she had obtained while doing research and feels she should be an advocate for the animals. She did read the clause where you could get your animal tattooed from the vet, so there seems to be an out if someone is concerned about micro chipping their animal. Assistant Police Chief Bane addressed her concerns and stated that their goal is voluntary compliance. Councilmembers Heyward and Dahle expressed their thoughts regarding micro chipping the animals. Chief Bane also addressed further questions from council. Moved by Councilmember Scott Larson, seconded by Councilmember Allison Heyward to approve Ordinance 20 -H -06 on final reading. AYE: Mayor Pro -Tem Mark Davis, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward NAY: Councilmember Rosemary Scott Passed 11 5. Resolution 20 -R -39- Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas Authorizing Expenditures in Excess of $50,000 with Silsbee Ford in Fiscal Year 2019 -20 and Other Matters In Connection Therewith. (C. Kelm/C Hernandez /J. Gohlke) Mayor Gutierrez recognized Purchasing Manager Julie Gohlke who provided a brief PowerPoint introducing this item. Ms. Gohlke addressed questions from Council. Questions was raised that the caption on the agenda states $50,000, but the backup material in the resolution states $500,000. Ms. Gohlke stated that the caption in the resolution was correct. "Mayor Gutierrez had read the appropriate caption with the $500,000." Moved by Councilmember Michael Dahle, seconded by Mayor Pro -Tem Mark Davis to approve Resolution No. 20 -R -39. AYE: Mayor Pro -Tem Mark Davis, Councilmember Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward Passed 6. Resolution No. 20 -R -37 - Consideration and /or action approving a resolution authorizing additional expenditures not to exceed $857,739 with Fuquay, Inc. for the 2018 . SPAM Resurfacing project. (B. James /J. Nowak) Mayor Gutierrez recognized City Engineer John Nowak who provided a PowerPoint presentation regarding the current roads, conditions and the year specific roads will be repaired. Mr. Nowak addressed questions from Council on decisions of moving the North Cliff road to 2021. Moved by Councilmember Michael Dahle, seconded by Mayor Pro -Tem Mark Davis to approve Resolution No. 20 -R -37. AYE: Mayor Pro -Tem Mark Davis, Councilmember Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward Passed Roll Call Vote Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda items 1 -6. Workshop 7. Emergency Operations Update regarding current COVID -19 cases - Workshop discussion and update regarding current COVID -19 cases. (M. Browne /K. Long) Mayor Gutierrez recognized Fire Chief Kade Long who provided a timeline of events and updated information regarding current cases. He provided information on what is next. From the Emergency Management and City Management side is to start discussing moving from the response that we are doing now to the recovery and what that looks like. Chief Kade stated he does not have all the answers tonight, it's just to say, this is what's next for emergency management and having discussions with the leadership. Goal would be to develop some type sustained approach to reopening. What's next, what is it going to look like - that requires a lot of discussion. The Governor has put out information that later this week he is going to address a lot of these questions, and he can come back and update the Council. Councilmember Scott provided her commentary and questions on the reopening phase, expressed concerns that when employees come back to work, will there be enough face masks - Chief Kade answered depending on if the N95 masks are required, then the supply of those, we do not have enough, but if looking at type citizens are making today he would not think it was an issue. Dr. Mark Browne stated that the Governor is likely going to issue instructions, and he believes they will be fairly specific. Mayor Gutierrez also stated that we are under the County and the County will also be issuing guidance. It is very difficult to speculate exactly how we are going to handle it until the Governor has taken some action as well as the County Judge. As soon as they do, our team is ready to start the process. Councilmember Scott, wishing to appeal for reason and rationality as we move forward. Safety and reason, first and foremost. She stated she would send the information that she has gathered out to the other members of Council. Councilmember Dahle asked about how our teams were set up and did we have enough PPE's supplies. Chief Kade addressed Councilmember Dahle stating 6 they are receiving donations and Fire, EMS and PD they are setting pretty good and have about a month supply on hand. Councilmember Dahle stated that he would like to see what options might be available through EDC to assist the small businesses. He would like to explore this conversation and it is one that is worth having. Requests and Announcements • Announcements by the City Manager. No further announcements were provided. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Larson mentioned as brought up by Councilmember Dahle, he too would like to see more discussion on how EDC could help local businesses. • 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 Council did not attend any events. Adjournment Mayor Gutierrez adjourned the meeting at 7:14 p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary ei Olum City Council April 28, 2020 Meeting: Department: Finance Agenda No. 2. Subject: Resolution No. 20 -R -32 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing EMS debt revenue adjustments, Utility Billing debt revenue adjustments and Schertz Magazine debt revenue adjustments for certain inactive outstanding receivables and other matters in connection therewith. (B. James /J. Walters) In the EMS, Utility Billing, and Magazine functions, services are provided to customers up front and billing is settled later. Since services are provided before receiving payment, inevitably the City has customers that do not pay for the services provided. When this occurs, staff reaches out to the customer to try to collect the outstanding payment including follow -up notices and phone calls to try to reach out to the customer to remind them of the outstanding balance and encourage payment. However, the longer the customer account goes without a payment the less likely that any payment will be received. Once a customer account reaches 180 days without payment, Staff brings those accounts to the City Council to be "written off'. This process is an accounting procedure following the Generally Accepted Accounted Principles (GAAP), which lays the framework of accounting practices in the U.S. This designation means it is unlikely those outstanding balances will ever be collected. This leads to an accounting adjustment on the City's Financial Statements to accurately show how much is still outstanding and is reasonable to expect collection. If a customer's account has been written off, this does not erase or forgive that debt. The city can and does collect some portion of the amount owed by those customers. This can be through the debt collection agency used by EMS or if the customer returns to the City and requests new services through the Magazine or Utility Billing. The resolution authorizes the debt for these areas that is more than 180 days outstanding as of March 01, 2020 to be written off. These write -offs come before council quarterly and last came before council on January 14, 2020. Previous Write o February 2017: June 2017: September 2017: . January 2018: March 2018: June 2018: September 2018: December 2018: March 2019: ff Amount: $621,1.38.97 $544,944.16 $510,51.6.01 $510,637.79 $433,427.15 $439,627.14 $521,281.82 $727,307.39 $564,227.77 June 2019: $580,155.10 September 2019: $586,664.65 December 2019: $591,829.90 GOAL To approve write -offs of bad debt in accordance with the standards laid out by GAAP. COMMUNITY BENEFIT This will show the City's Financial Statements according to national standards and City policy. SUMMARY OF RECOMMENDED ACTION Approve Resolution 20 -R -32 to write off receivables that are older than 180 days. FISCAL IMPACT This accounting adjustment will not affect the City's Budget or financial standing. The amount written off is estimated during the budget process and is accounted for in the revenue estimations and the bad debt expense accounts. The action taken tonight will reduce the amount shown as owed to the City by $616,900.00 and set it equal to the amount seen as still reasonably collectible. The breakdown is as follows: EMS - $572,128.87 Utility Billing - $44,771.1.3 Magazine - $0.00 RECOMMENDATION Staff recommends Council approve Resolution No 20 -R -32. Attachments Resolution 20 -R -32 RESOLUTION NO. 20 -R -32 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days nonpayment will be sent to City Council for consideration for write offs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the write off in the amount and distribution of accounts below: Function Amount EMS $572,128.87 Utility Billing $44,771.13 Magazine $0.00 Total $616,900.00 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 finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of April 2020. CITY OF SCHERTZ, TEXAS Mayor Ralph Gutierrez, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) ei 10UM City Council April 28, 2020 Meeting: Department: Library Agenda No. 3. Subject: Resolution No. 20 -R -38 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement between the City of Schertz and Education Service Center Region 20 for the participation in the ESC 20 Fiber Consortium and other matters in connection therewith. (B. James /M. Uhlhorn) Educational Service Center Region 20 is one of 20 regional service centers established by the Texas State Legislature to provide services to schools within defined geographic regions. ESC -20, located in San Antonio, serves 127 independent school districts, charters, and private schools across 20 counties in the San Antonio region. It has an established history of providing technology services, including transport and Internet access to local school districts and charters utilizing the consortium model. In 2017, ESC -20 established the Fiber20 Consortium to create fiber rings to deliver high speed Internet service to more than 70 districts within its borders. The fiber rings use over 750 miles of existing "dark" fiber as well as approximately 557 miles of new fiber. Early in 2019, the Texas State Library and Archives Commission (TSLAC) asked if it could partner with ESC -20 and its Fiber20 Consortium. TSLAC paid for all the infrastructure construction and improvements required to add the public libraries located within ESC -20 to the consortium. TSLAC has also agreed to manage all associated e -rate grant reporting on behalf of the public libraries. Participating public libraries are only required to pay the monthly fee for high speed Internet service. The monthly rate is guaranteed by the consortium for 10 years in total. The agreement is for an initial one -year term with 9 additional one -year renewals. The fiber has already been installed along Schertz Parkway and Elbel Road in order to connect to SCUCISD buildings. The estimated time for connecting the Library to the network is May 2020, with a service turn -on date in mid -to -late July 2020. GOAL The Library's Internet service is heavily used by the public. The WiFi network alone averages about 30,000 connections per month. With Spectrum's 50 Mbps x 50 Mbps service, Internet service regularly slows down throughout the day, especially at peak service times. This slow -down provides a less than desirable user experience for customers trying to conduct personal business, work on projects, or complete educational assignments. The goal of joining the consortium is to provide a better user experience through higher download/upload speeds, while at the same time, reducing the costs of providing Internet service to the public at the Library. [01131U1110111111d:3 0101 81 91Yr The main benefit of participating in the consortium is the improvement of an important service to our community while reducing the long -term cost of providing the service, but there are several other benefits to participating in the Fiber20 Consortium: • It provides stability in pricing over a long period of time. • The speed of the connection is substantially better than our current download /upload speeds. • High -speed fiber networks are expensive to build. Participation in the Fiber20 consortium gives the City access to a fiber network without the construction and installation costs we would incur were we to do this on our own. • Maintenance of the fiber network is outsourced and incurs no cost to the City. • Grant reporting functions will be provided by TSLAC, eliminating our own labor costs associated with e -rate reporting. • The ILA provides an opportunity to collaborate with other local governments and organizations, leverage everyone's buying power, and take advantage of Federal grant money. SUMMARY OF RECOMMENDED ACTION Staff recommends authorizing the Interloeal Agreement. FISCAL IMPACT Our current month -to -month Internet service through Spectrum only provides a 50 Mbps connection at $514.95 per month. The Fiber20 project will deliver a high speed Internet connection to the Sehertz Public Library, providing speeds from 1 Gbps up to 10 Gbps, depending on our equipment capabilities, for $170.00 per month, a savings of $344.95 per month. The rate is locked in for the duration of the ILA, providing substantial savings to the City over the life of the ILA. There are no other costs to the City. Construction, operation and maintenance of the fiber network is the responsibility of the Fiber20 consortium. The Library's current internal equipment and firewall will handle a 1 Gbps service connection, so there are no associated equipment costs. The Library has a technology plan and equipment replacement schedule in place. Over the life of the ILA, equipment will gradually be upgraded to take advantage of the full speed of the connection, but these upgrades will be planned for and are a part of the Library's normal equipment replacement schedule. IT has been included in discussions about the fiber network since the beginning of the project. RECOMMENDATION The City recommends Council approval of Resolution 20 -R -38, authorizing the City to enter into an interlocal agreement with ESC Region 20 and the Fiber20 Consortium for the provision of high speed Internet service to the Schertz Public Library. Attachments Letter of Agency Region 20 ILA Resolution ESC Region 20 Fiber Consortium 1314 Hines Avenue San Antonio, TX 78208 -1899 Re: Letter of Agency for Funding Year 2019 — 2029 This is to confirm our participation in the ESC Region 20 Fiber Consortium, Billed Entity Number 17015391, E -rate Consortium for the procurement of Internet Access Service, Wide Area Network Fiber Services, Category 1 Network Equipment, and Category 1 Internal Connections. Schertz Public Library authorizes ESC Region 20 Fiber consortium to submit FCC Form 471, FCC Form 470 and other forms to the Schools and Libraries Division of the Universal Service Administrative Company on Schertz Public Library behalf when filing for consortium funding. Schertz Public Library does not authorize ESC region 20 fiber consortium to submit FCC Form 471, FCC Form 470 and other forms to the Schools and Libraries Division of the Universal Service administrative Company on Schertz Public Library sole behalf for other e -rate services. Schertz Public Library will continue to file all other FCC Federal e- rate forms utilized solely by Schertz Public Library for any services outside the ESC region fiber consortium. I understand that, in submitting these forms on our behalf, you are making certifications for Schertz Public Library. By signing this Letter of Agency, I make the following certifications: a) ONLY FOR SCHOOL - RELATED LOA: I certify that schools in our district are all schools under the statutory definitions of elementary and secondary schools found in the No Child Left Behind Act of 2001, 20 U.S.C. §§ 7801(18) and (38), that do not operate as for - profit businesses and do not have endowments exceeding $50 million. b) I certify that our library has /have secured access, separately or through this program, to all of the resources, including computers, training, software, internal connections, maintenance, and electrical capacity, necessary to use the services purchased effectively. I recognize that some of the aforementioned resources are not eligible for support. I certify that to the extent that the billed entity is passing through the non - discounted charges for the services requested under this Letter of Agency, that the entities I represent have secured access to all of the resources to pay the non - discounted charges for eligible services from funds to which access has been secured in the current funding year. c) I certify that the services the school, library, or district purchases at discounts provided by 47 U.S.C.§ 254 will be used solely for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as permitted by the rules of the Federal Communications Commission (Commission or FCC) at 47 C.F.R. § 54.500(et seq.). d) I certify that our library has complied with all program rules and I acknowledge that failure to do so may result in denial of discount funding and /or cancellation of funding commitments. I acknowledge that failure to comply with program rules could result in civil or criminal prosecution by the appropriate law enforcement authorities. e) I acknowledge that the discount level used for shared services is conditional, for future years, upon ensuring that the most disadvantaged schools and libraries that are treated as sharing in the service, receive an appropriate share of benefits from those services. f) I certify that I will retain required documents for a period of at least ten years after the last day of service delivered. I certify that I will retain all documents necessary to demonstrate compliance with the statute and Commission rules regarding the application for, receipt of, and delivery of services receiving schools and libraries discounts, and that if audited, I will make such records available to the Administrator. I acknowledge that I may be audited pursuant to participation in the Schools and Libraries (E -rate) Program. g) I certify that I am authorized to procure and /or order telecommunications and other supported services for the eligible entity(ies) covered by this Letter of Agency. I certify that I am authorized to make this request on behalf of the eligible entity(ies) covered by this Letter of Agency, that I have examined this Letter, that all of the information on this Letter is true and correct to the best of my knowledge, that the entities that will be receiving discounted services under this Letter pursuant to this application have complied with the terms, conditions and purposes of the program, that no kickbacks were paid to anyone and that false statements on this form can be punished by fine or forfeiture under the Communications Act, 47 U.S.C. §§ 502, 503(b), or fine or imprisonment under Title 18 of the United States Code, 18 U.S.C. § 1001 and civil violations of the False Claims Act. h) I acknowledge that FCC rules provide that persons who have been convicted of criminal violations or held civilly liable for certain acts arising from their participation in the Schools and Libraries support mechanism are subject to suspension and debarment from the program. I will institute reasonable measures to be informed, and will notify USAC should I be informed or become aware that I or any of the entities, or any person associated in any way with my entity and /or the entities, is convicted of a criminal violation or held civilly liable for acts arising from their participation in the Schools and Libraries support mechanism. i) I certify that, to the best of my knowledge, the non - discount portion of the costs for eligible services will not be paid by the service provider. I acknowledge that the provision, by the provider of a supported service, of free services or products unrelated to the supported service or product constitutes a rebate of some or all of the cost of the supported services. j) I certify that I am authorized to sign this Letter of Agency and, to the best of my knowledge, information, and belief, all information provided to ESC Region 20 Fiber Consortium for E -rate submission is true. Name of Entity:C'i�c (�� py%�iC L`brGr�/ Signature: 2 Date: 3 ZI q 0I q Name: W )%e SbQ �� EDUCATION SERVICE CENTER, REGION 20 INTERLOCAL PARTICIPATION AGREEMENT In the ESC 20 FIBER CONSORTIUM WITH ADDITIONAL SITE BUILDS This Interlocal Participation Agreement is made and entered into by and between the EDUCATION SERVICE CENTER, REGION 20 ( "Center ") as Administrative Agent and Lead Member of the ESC 20 Fiber Consortium ( "Consortium ") and the undersigned Local. Education Agency ( "LEA "). I. RECITALS WHEREAS, the Center is established under the authority of Chapter 8, Texas Education Code, for the purpose o£ (1) assisting school districts in improving student performance; (2) enabling school districts to operate more efficiently and economically; and (3) implementing initiatives assigned by the legislature or the Commissioner of Education; WHEREAS, Chapter 791, Texas Government Code, the Interlocal Cooperation Act, is for the purpose of increasing the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state; WHEREAS, Section 791.011(e) of the Interlocal Cooperation Act provides that interlocal contractual payments must be in amounts that fairly compensate the performing party for services or functions performed under an Interlocal contract; WHEREAS, expenditures of federal grant and award funds made on or after December 26, 2014 . must comply with the requirements of Education Department General Administrative Regulations ( "EDGAR ") set out in 2 C.F.R. Part 200; WHEREAS, 2 C.F.R §200.318(e) provides: "To foster greater economy and efficiency, and in accordance with efforts to promote cost - effective use of shared services across the Federal government, the non - Federal entity is encouraged to enter into state and local inter - governmental agreements or inter - entity agreements where appropriated for procurement or use of common or shared goods and services "; and WHEREAS, the purpose of this Agreement is to facilitate compliance with federal EDGAR requirements in addition to state procurement requirements; NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein the Center and undersigned LEA agree as follows: II. TERMS AND CONDITIONS Page 1 of 15 1. Adoption of Interlocal Cooperation Agreement. The Contracting LEA by the execution or acceptance of this Agreement hereby formally confirms and approves its Letter of Agency dated which is incorporated herein by reference. The Letter of Agency established the authority of the ESC 20 FIBER Consortium (by and through its Lead Member, ESC Region 20) as an administrative agency and representative of its collective participants for purposes of application for E -Rate funding in connection with construction and implementation of large - scale broadband dark fiber network among the LEAs within Region 20 which will provide internet and LEA connectivity to promote educational excellence in instruction, services and resources through a collaborative partnership of LEAs, ( "Regional Fiber Network Project "). Term. 2.1 Initial Term. This Interlocal Participation Agreement shall be effective on the date of execution by an authorized signatory for both Parties. The Initial Agreement Term will be for year beginning on the Effective Date, and thereafter, shall automatically renew for successive one -year terms, unless the Agreement is sooner terminated in accordance with the provisions herein. 2.2 Continuing Term. If this Interlocal Agreement is not terminated during the Initial Term and successive renewals, it shall continue to automatically renew annually on July 1 of each successive year for up to ( ) additional one year terms, unless sooner terminated in accordance with the termination provisions of this Agreement. This Interlocal Agreement shall automatically terminate upon termination of the Service Agreement. Termination. 3.1 Prior to Expiration of Initial Term and Successive Initial Term Renewals. 3.1. Non - appropriation. The LEA shall have the continuing right to terminate this agreement without notice at the end of any budget period in which funds for this agreement are not available or appropriated. Provided, however, that neither Party will be entitled to a refund of amounts previously contributed in the event of withdrawal for lack of funding. 3.2 Termination Following Expiration of Initial Term. 3.2.1 This Agreement may be terminated at any time by either Party for convenience, or because of the other's failure to fulfill the contract obligations. Notice and an opportunity to cure shall be given in accordance with the provisions contained in this Agreement. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Center. Page 2 of 15 3.2.2 If the termination is for convenience and the other Party's obligations have been properly performed prior to the effective date of termination, the Center will be paid for services actually provided prior to notification of termination by the LEA. 3.2.3 If, after notice of termination for failure to fulfill contract obligations after the Initial Term, it is determined that the terminated Party had not so failed, the termination shall be deemed to have been affected for convenience. In such event, payment shall be made by the terminating party as provided in Paragraph 3.2 of this Section. 3.2.4 The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. 3.3 Defaults With Opportunity for Cure. Should either Party fail, as determined by the other's representative, to satisfactorily comply with or perform the obligations set out herein; or comply with any covenant herein required, such failure shall be considered an Event of Default. In such event, the non - defaulting Party shall deliver written notice of said default, in accordance with the notice provisions contained in this Agreement, specifying the specific Events of Default and the action necessary to cure such default. The defaulting Party shall have thirty (30) calendar days after receipt of the written notice to cure such default. If the defaulting Party fails to cure the default within such cure period, or take steps reasonably calculated to cure such default, the non - defaulting Party shall have the right, without further notice, to terminate this Agreement in whole or in part as it deems appropriate. 3.4 Termination For Cause. Upon the occurrence of one (1) or more of the following events, and following written notice to the Center given in accordance with the notice provisions contained in this Agreement, Contracting LEA may immediately terminate this Contract, in whole or in part, "for cause ": 3.4.1 Center makes, directly or indirectly through its employees or representatives, any material misrepresentation or provides any materially misleading information to LEA in connection with this Agreement or its performance hereunder; or 3.4.2 Center violates or materially fails to perform any covenant, provision, obligation, term or condition of a material nature contained in this Agreement, except those events of default for which an opportunity to cure is provided herein; or 3.4.3 Center fails to cure, or initiate steps reasonably calculated to cure, a default as required by this Agreement, within the time period required for cure; or 3.4.4 Center violates any rule, regulation or law to which Center is bound or shall be bound under the terms of this Agreement; or 3.4.5 Center attempts the sale, transfer, pledge, conveyance or assignment of this Agreement contrary to the terms of this Agreement. 3.4.6 Center ceases to do business as a going concern; makes an assignment for the benefit of creditors; admits in writing its inability to pay debts as they become due; files a petition . in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue) and such petition is not dismissed within forty-five (45) days of filing; or if a receiver, trustee or liquidator is Page 3 of 15 appointed for it, or its joint venture entity, or any substantial part of Center's assets or properties. 3.5 Termination By Law. If any state or federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties herein, or, if any law is interpreted to prohibit such performance, this Agreement shall automatically terminate as of the effective date of such prohibition. 3.6 Orderly Transfer Following Termination. Regardless of how this Agreement is terminated, Center shall effect an orderly transfer to Contracting LEA or to such person(s) or firm(s) as the Contracting LEA may designate, at a reasonable cost to Contracting LEA. Upon the effective date of expiration or termination of this Agreement, Center shall cease all operations of work being performed by Center, or any of its subcontractors, pursuant to this Agreement. All completed or partially completed documents, papers, records, charts, reports, and any other materials or information produced, or provided to Center, in connection with the services rendered by Center under this Agreement, regardless of storage medium, shall be transferred to Contracting LEA. Such record transfer shall be completed within thirty (30) calendar days of the termination date and shall be completed at the expense of the terminating Party. 4. Center's Obligations 4.1 Coordination and filing of application for upfront, non - recurring costs of deploying new fiber or upgraded network facilities to eligible LEAs, Category One support, including construction of network facilities, design and engineering and project management costs ( "Special Construction E -Rate Funding ") for large -scale broadband dark fiber network ( "ESC 20 Fiber Consortium ") on behalf of Contracting LEAs within Region 20 designed to provide internet and connectivity for Contracting LEAs, including but not limited to: 4. 1.1 1.00 Gigabit backbone network between hub sites; 4.1.2 10 Gigabit network among the connected edge sites; 4.1.3 Center will allow bandwidth flexibility such that a Contracting LEA can exceed their subscribed services within a reasonable limit without penalty; 4.1.4 Center will provide Contracting LEA an opportunity to participate in shared network services (e.g., intemet access, disaster recovery, shared application environment, etc.) 4.1.5 Center will provide Contracting LEA with direct connectivity to multiple educational resource data centers. 4.1.6 Center will provide adequate staff necessary for efficient operation of the network. 4.1.7 Provide and guarantee service level objectives as specified in Paragraph 5.4 of this Section. 4.1.8 Implement and provide 24x7x365 support and management via the leased lit service provider of the network to include: A. Proactively monitor and maintain broadband connections B. Proactively monitor internet access service from ISP C. Guarantee the LEA purchased bandwidth to the Internet by monitoring usage. D. Provide alerts concerning network maintenance and /or unplanned outages. Page 4 of 15 E. Notification will be given according to the contracted Service Level Agreement terms F. Affected LEAs will be notified via email of any emergency network impairments within a reasonable time after the problem is determined. 4.1.9 Troubleshoot Service Interruptions via the leased lit service provider to the point of demarcation: A. For the primary connection, the point of demarcation is inclusive of the leased lit service provider router 4. L I 0 Proactively monitor and report the use of services to ensure usage is within the terns of the agreement. 4.1.1.1 Provide technical assistance to LEAs for connectivity, upon request. 4.2 Administrative Handling. Center, by and through. ESC 20 FIBER CONSORTIUM, during the Term of this Agreement, will comply with all applicable laws, and the FCC, USAC, and TEA rules, as well as, state and local procurement requirements, throughout each annual E -rate application cycle and will adopt and maintain internal controls and policies to ensure such compliance, including but not limited to the following: 4.2.1 Goods and Services. The Center, by and through the ESC 20 FIBER Consortium, provides goods and services to LEAs in accordance with Chapter 8, Texas Education Code. Prices or fees for goods and services may be on a unit- price, per - participant basis, or district average daily attendance basis based upon the total cost to provide the service to all participating LEAs. This agreement is limited to the goods and services as provided herein. Additional goods and services may only be added to this agreement in writing. 4.2.2 Procurement. Handle procurement of goods and services on behalf of LEA in strict and consistent compliance with the FCC, USAC, TEA and state and local procurement rules. A. Enter proposals for tabulation and evaluation, including assuring bidding process occurs with each procurement and that no bidder is given preferential treatment over others at any point in the process accurately evaluating and scoring responsive proposals and maintaining adequate documentation of such procurement for purposes of compliance with e -rate auditor requests for procurement process documentation. B. Establish an Evaluation Committee to test, evaluate and award proposals, for any required procurement, to include at least six representatives of Region 20 School Districts, the E -Rate Consultant, and Region 20 Purchasing and Technology :Representatives. C. Develop system for gathering evaluation information from members on vendor performance, and product quality and use of products and services. D. Perform annual critical review of the existing e -rate procedures with particular focus on staff involved, transparency, fairness and checks and balances in the procurement process, evaluation methods, tools and procedures and document retention strategies. 4.2.3 Confirmation of Certifications. Maintain a procedure for confirming LEA certifications including LEA's ability to fund the local share of E -rate services and projects, availability of necessary resources to make effective use of the products and services for Page 5 of 15 which it requests E -rate discounts, certifications regarding LEA compliance with the Children's Internet Protection Act (CIPA) and adoption of Internet Safety Procedure, if required, and other certifications required by E -Rate which may not be within the personal knowledge of the Consortium Lead Member or E -Rate Consultant as applicant. 4.2.4 Pre - Funding Commitment Communications. Timely and accurately respond to any special requests for information from SLD during the application review process and any selective review processes. 4.2.5 Post Funding Commitment Communications. Upon issuance of Funding Commitment Decision Letter, file Form 486 or other notification to SLD regarding service or construction start date. Monitor the timeframe for filing all Forms 486 and ensure deadlines are met. 4.2.6 Service Substitutions Service Start Date Changes and SPIN Changes. Accurately and timely handle all service substitutions, Service Start Date changes and Service Provider Identification Number ( "SPIN ") Changes (corrective and operational), if any, related to the procurement goods and services procured on behalf of the LEAs in strict compliance with FCC rules. 4.2.7 Disbursement Process. Timely and accurately handle the Disbursement Process and associated accounting for all funding including receiving and reviewing discounted bills from service providers or seeking reimbursement from USAC or such other processes required as appropriate to access all funds awarded in the Funding Commitment Decision Letters received. 4.2.8 Billing Accuracy Monitoring. Confirm accurate billing by the service provider of both the LEA and USAC as required, including preparation of accurate cost sheets and all FCC Forms 472 (BEAR Forms) and complete and timely return any Service Certifications, where applicable, and ensure that only eligible services approved on the correct Form 471 and delivered consistent with the (FCDL) Funding Commitment Letter and contract agreements are billed. Confirmation shall include follow -up with service providers and /or USAC in the event of discovered discrepancy, 4.2.9 Document Retention. Comply with current FCC document retention requirements (currently ten years from the last date to receive service or equipment delivery date, whichever is later), including documentation related to pre- commitment, contracting, post - commitment, invoicing, all backup data that supports the certifications made on any E -rate application and documentation regarding equipment funded through E -Rate. 4.2.1.0 Audit Compliance. A. In the event of an Audit by USAC, (including one conducted by a private contractor) the Center will provide notice to the LEA of the initiation of a USAC Audit not later than three (3) days after receipt of the first notice from USAC or its Contactor; shall collect and provide all documentation requested by auditors at the first notice of an audit and provide any information and documentation by the deadlines established; and accommodate the auditors' needs for information -- consulting with the individual LEA when required. The LEA shall be entitled, but not required to participate in the Audit. B. In the event of an Audit finding, Consortium, by and through Center, will implement all corrective actions required by USAC, to verify that it has implemented measures to comply Page 6 of 15 with the E -Rate Program Rules and will assert any and all defenses legally warranted and appropriate appeal points to USAC and/or the FCC on behalf of the Consortium and at the joint expense of the LEAs. Individual LEAs will have the right, but will not be required, to participate in the appellate process. 4.2.11 E -Rate Consultant. A. Contract with competent and experienced E -Rate Consultant to provide services to the Consortium and its Contracting LEAs, and to assist Region 20 in meeting the compliance requirements of this Agreement, and applicable the FCC, USAC, and TEA rules, as well as, state and local procurement requirements, throughout each annual E -rate application cycle. B. Require E -Rate Consultant by contract to: (i) Provide and maintain in effect during the performance of the Agreement professional errors and omissions insurance coverage of at least One Million Dollars ($1,000,000.00). (ii) Indemnify, defend, and hold Contracting LEAs, their respective Boards of Trustees, officers, agents, and employees harmless from any injury (and any resulting or related claim, action, loss, liability, or reasonable expense, including attorney's fees and other fees and court and other costs) arising directly or indirectly, in whole or in part from negligent actions or inactions of the E -Rate Consultant, its agents, employees, and suppliers, or arising, in whole or in part, out of a defective product, negligent operations or services of provider, its agents, employees, and suppliers, under this agreement. (iii) E -Rate Consultant shall be a "Certified E -Rate Management Professional" as per the E -Rate Management Professionals Association Certification :Process. 4.3 Service Level Objectives. All Service Level Objectives provided by the Service Provider, shall pass through to each ESC 20 Fiber Consortium LEA as listed in this Section. LEA understands that Service Level Objectives are best estimates, and actual service provision may vary. 4.3.1 Service Availability Objectives for Ethernet and IP Services Service Availability Time that Service is available (i.e. unaffected One (1) Month 99.99% 1 by a Service Outage) Page 7 of 15 4.3.2 Additional Service Element Objectives for IP and Ethernet Services ?acket of to exceed the following values, as applicable to the affected QoS Classes, for a sustained period of two (2) or Per Incident oss more hours: ?acket Transit or Basic QoS: 0.50% Enhanced QoS: 0.40% Aerred QoS: 0.30% t to exceed the following values for a one way, stained period of two (2) or more hours: America Metro ( <300 fiber miles): 15 ms State of 1per Incident WAN Only ( <750 fiber miles): 20 ms North ca Intercity ( >300 fiber miles): 45 ms Europe: 15 Not to exceed 5 milliseconds when averaged over a 20 Per Incident minute period. Minutes not met by the SLA divided by Packet o total minutes per Across the link from the customer to Zayo: 0.0001 /o Loss month multiplied by the billing cycle charge. Subscribed Contracted bandwidth guaranteed through the Vendors Band SLA width Per Incident network to its Peering Sites to other Tier 1 Providers, Page 8 of 15 Minutes not met by Network the SLA divided by Management/ Zayo Tranzact - Network Management available and total minutes per Monitoring working 365 days and 24 hours per day. month multiplied by SLA the billing cycle charge. Page 8 of 15 Billing SLA Provide ESC 20 Consortium an accurate and easy -to- One Month of the understand invoice within one month of the billing Billing Cycle cycle. 4.3.3 Response Time and Mean Time to Repair Service/Repair Response Time >30 Minutes remote response (email /phone) >2 hrs. on -site response Mean Time to Repair >4 Hours for network equipment failure >8 Hours for cable degradation /failure, not including fiber cuts Contracting LEA Obligations. 5.1 In order to maintain its eligibility to make purchases under this Agreement, the LEA agrees to timely pay any and all membership fees required, if any, of it as a member in accordance with the terms of this Agreement. 5.2 In addition to membership fees, the Contracting LEA will make timely payments for any goods, materials and services received in accordance with the provisions set out in Paragraph 5.3 of this Section and Exhibit A attached. 5.3 ESC 20 Fiber Network pricing is based on Contracting LEA further understands: Prices are already E -rate discounted as shown in the table below. There is no additional "transport" cost. Pricing shown includes all transmitted and received traffic. Page 9 of 15 (iv) Pricing for each additional circuit is the same as the first circuit, or as specified in Exhibit A (v) Payments are due within 30 days of receipt of invoice. (vi) Payments can be made on an annual or quarterly basis. (vii) Each LEA's service shall consist of a minimum of 10 Gbps fiber ethernet connectivity to the Region 20 Network Operations Center (viii) Each LEA's service shall include up to 1.0 Gbps Internet Access service via the 10 Gbps fiber ethernet connectivity as noted in the previous bullet point. III. GENERAL PROVISIONS 1.1 Amendment by Notice. The Board of the ESC 20 FIBER Consortium may amend this Agreement, provided that prior written notice is sent to the Contracting LEA at least 60 days prior to the effective date of any change described in such amendment and provided that the Contracting LEA does not terminate its participation in the ESC 20 FIBBER Consortium before the expiration of said 60 days. 1.2 Assignment Of Rights Or Duties 1.2.1 Except as otherwise required herein, or convey any interest in this Agreement hereunder, by transfer, by subcontracting of consent of LEA. Center may not sell, assign, pledge, transfer nor delegate the performance of any duties any other means, without the prior written Page 10 of 15 1.2.2. Any attempt to assign, transfer, pledge, convey or otherwise dispose of any part of, or all of its right, title, interest or duties to or under this Agreement, without said written approval, shall be void, and shall confer no rights upon any third person. Should Center assign, transfer, convey or otherwise dispose of any part of, or all of its right, title or interest or duties to or under this Agreement, LEA may, at its option, terminate this Agreement as provided herein, and all rights, titles and interest of Consortium shall thereupon cease and terminate, notwithstanding any other remedy available to LEA under this Agreement. 1.2.3 Center agrees to notify LEA's representative of any changes in ownership interest greater than thirty percent (30 %), or control of its business entity not less than sixty (60) days in advance of the effective date of such change. Notwithstanding any other remedies that are available to LEA under this Agreement, any such change of ownership interest or control of its business entity may be grounds for termination of this Agreement. 1.2.4 Authorization to Participate and Compliance with Local Policies. The Contracting LEA represents and warrants that its governing body has duly authorized its participation in the ESC 20 FIBER Consortium and that the Contracting LEA will comply with all state and local laws and policies, as well as E -Rate Requirements pertaining to purchasing of goods and services through its membership in the ESC 20 FIBER Consortium. 1.3 Cooperation and Access. The Contracting LEA agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the ESC 20 FIBER Consortium by and through Center. 1.4 Coordinator. The Contracting LEA agrees to appoint a program coordinator who shall have express authority to represent and bind the Contracting LEA, and the Center will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Contracting LEA. The Contracting LEA reserves the right to change the coordinator as needed by giving written notice to the Center. 1.5 Conflicts Of Interest. conflict of interest. Conflict of interest Questionnaires must be maintained by the Consortium, as required by statute. 1.6 Current Revenue. The Contracting LEA hereby warrants that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the LEA, or required by any other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which shall include any exhibit, attachment, addendum or associated document, shall be paid from current revenues available to the paying Parry. 1.7. Jurisdiction /Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and, to the extent permitted by law; venue for all disputes arising under this Agreement shall lie in the home county of the LEA. Page 11 of 15 1.8 Legal Authority. The LEA represents and warrants to the ESC 20 FIBER Consortium by and through Center the following: 1.8.1 It meets the definition of "Local Government" or "State Agency" under the Interlocal Cooperation Act ( "Act "), Chapter 791 of the Texas Government Code. 1.8.2 The functions and services to be performed under the Agreement will be limited to "Administrative Functions" as defined in the Act, which includes purchasing. 1.8.3 It possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew its governing body 1.8.4 All state, local or third -party requirements to approve, record or authorize the Agreement have been met. 1.9 Merger/Entirety. This Agreement, together with the Consortium's Bylaws and Organizational Agreement, represents the complete understanding of the ESC 20 FIBER Consortium by and through Center and Contracting LEA. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements. 1.10. Notice. Unless otherwise expressly provided elsewhere in the Agreement, any election, notice or communication required or permitted to be given under the Agreement shall be given in writing, at the addresses shown in the signature blocks of the Agreement, and will be deemed to have been duly given if and when delivered, personally (with receipt acknowledged), or on receipt after mailing the same by certified mail, return receipt requested with proper postage prepaid, or three (3) days after mailing the same by first class U.S. mail, postage prepaid (in accordance with the "Mailbox Rule "), or when sent by a national commercial courier service such as Federal. Express) for expedited delivery to be confirmed in writing by such courier. 13.5 No Waiver of Immunity. No Party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained herein. Nothing herein shall be a consent to suit. l .I 1 No Third Party Beneficiary. This Agreement inures to the benefit of and obligates only the Parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release or other consideration under this Agreement. Page 12 of 15 1. 12 Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 1. 13 Signatures /Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon a facsimile signature as if it were an original. Furthermore, this Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 1.14 Waiver: No waiver, change, modification or discharge by either party hereto of any provision of this Agreement shall be deemed to have been made, nor shall such change, modification or discharge be effective, unless expressed in writing and signed by both parties. A waiver by either Party of a breach of any of the terms, conditions, covenants or guarantees of this Agreement shall not be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, condition, covenant or guarantee herein contained. Further, any failure of either Party to insist, in any one or more cases, upon the strict performance of any of the covenants of this Agreement, or to exercise any option herein . contained, shall not be construed as a waiver or relinquishment for the future of such obligation. No act or omission by a Party shall in any manner impair or prejudice any right, power, privilege, or remedy available to that Party hereunder or by law or in equity, such rights, powers, privileges, or remedies to be always specifically preserved hereby. 1. 15 Force Majeure. If by reason of Force Majeure (i.e. acts of God, strikes, lockouts, or other industrial disturbances, etc.), either Party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Agreement then such Party shall give notice and full particulars of the Force Majeure event, in writing, to the other Party, within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the Party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, and such Party shall endeavor to remove or overcome such inability with all reasonable dispatch. 1.16 Right To Audit: The LEA, or its authorized representative (including Texas Education Agency and the Comptroller General), shall be given reasonable rights to perform audits by the LEA's own personnel and /or an outside firm of Providers /auditors, in order to investigate the LEA's claims administration and services, and/or evaluate the performance of the Consortium. The Consortium agrees to provide full cooperation during this process. Performance of these functions shall be conducted with proper notification per customary industry standards. Consortium agrees to maintain all required records for five (5) years after the LEA makes final payment and all other pending matters are closed, or such longer period as may be required by applicable law. 1.17 Attorney's Fees. In the event that either Party to this Agreement brings an action to enforce or interpret any provision of this Agreement, the prevailing party, will be entitled to recover reasonable attorney's fees, costs, and necessary disbursements, in an amount determined by the trier of fact in such dispute. Page 13 of 15 1. 18 Warranty. By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. 1.19 No party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this Interlocal Agreement and the performance of the covenants contained herein. 1.20 In case any one or more of the provisions contained in this Interlocal Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. 1.21 This Agreement may be executed in multiple originals. The parties agree that it is not necessary for each or every party to execute the same physical document. The Agreement binds the Center and each individual LEA upon execution of the Agreement by an authorized representative of the Center and that LEA. IN WITNESS WHEROF, the parties, acting through their duly authorized representatives, accept this Agreement EDUCATION SERVICE CENTER, LEA: REGION 20 By: By: _ Dr. Jeff Goldhorn, Executive Director Name: Date: Date: Address: Address: 1314 Hines Avenue San Antonio, Texas 78208 [Exhibit A Follows on Next Page] Page 14 of 15 Exhibit A SUBSCRIPTION DETAILS AND SIGNATURES FOR SPECIAL CONSTRUCTION AND LOCAL WAN CIRCUITS Subscribed Services and Service Termination Address Service Start Date TBD Number of Internet Access Circuits 1 Circuit Monthly Recurring Charges $ By signing below, I acknowledge that I have read the Service Agreement, I accept this Agreement, and that 1 am authorized to sign on behalf of the LEA. Authorized LEA Representative F2,1111= 4110T. "M Authorized LEA Representative Title ESC Region 20 Executive Director Dr. Jeff Goldhorn Page 15 of 15 Signature Date Signature Date A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ AND EDUCATION SERVICE CENTER REGION 20 FOR THE PARTICIPATION IN THE ESC 20 FIBER CONSORTIUM, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of S c h e r t z ( "City ") and Education Service Center, Region 20 ( "Center ") are interested in partnering in the ESC 20 Fiber Consortium with Additional Site Builds; and WHEREAS, the Center is established under the authority of Chapter 8, Texas Education Code, for the purpose of: (1) assisting school districts in improving student performance; 2) enabling school districts to operate more efficiently and economically; and (3) implementing initiatives assigned by the legislature or the Commissioner of Education; and WHEREAS, Chapter 791, Texas Government Code, the Interlocal Cooperation Act, is for the purpose of increasing the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state; and WHEREAS, Section 791.011(e) of the Interlocal Cooperation Act provides that interlocal contractual payments must be in amounts that fairly compensate the performing party for services or functions performed under an interlocal contract; and WHEREAS, expenditures of federal grant and award funds made on or after December 26, 2014 must comply with the requirements of Education Department General Administrative Regulations ( "EDGAR ") set out in 2 C.F.R. Part 200; and WHEREAS, 2 C.F.R §200.318(e) provides: "To foster greater economy and efficiency, and in accordance with efforts to promote cost - effective use of shared services across the Federal government, the non - Federal entity is encouraged to enter into state and local inter - governmental agreements or inter - entity agreements where appropriated for procurement or use of common or shared goods and services "; and WHEREAS, the purpose of this Agreement is to facilitate compliance with federal EDGAR requirements in addition to state procurement requirements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Interlocal Agreement in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of April 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 10.14 Is I 13 v PUBLIC LIBRARY INTERLOCAL AGREEMENT See attached 50234811.1 A -1 ei Olum City Council April 28, 2020 Meeting: Department: Purchasing & Asset Management Agenda No. 4. Subject: Resolution No. 20 -R -41 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures in an amount not to exceed $100,000 with Gall's LLC. (C. Kelm /J. Gohlke) Gall's LLC has been a provider of Uniforms for all three Public Safety Departments (Police, Fire, and EMS) since 2003. All three departments have the need to purchase uniforms throughout the fiscal year. In order to maintain timely delivery of replacement uniforms for current staff and new uniforms for incoming staff, Staff is requesting council authorize purchases in an amount not to exceed $100,000.00 for FYI 9-20 Purchases made from Gall's are done through an Interlocal Purchasing Agreement with the City of Frisco, approved by Council on 10/20/2015, Resolution 15 -R -91. GOAL To increase the authorized spending authority for Gall's LLC to allow for the continued purchase of uniforms for our Public Safety staff. COMMUNITY BENEFIT Uniforms purchased for Public Safety Staff are easily recognizable by the community increasing community comfort when approached by an individual identifying themselves as a City Public Servant. E. 1i 1111[i 1 1 "I Staff recommends approval of resolution 20 -R -41 FISCAL IMPACT All funding for the purchases made with this authorization were included in the FY 19 -20 budget. 17 9EV7u I►/ 10101117_74 9 [17 011 Staff recommends approval of resolution 20 -R -41 Attachments Resolution 20 -R -41 Uniform COOP ILA RESOLUTION NO. 20 -R -41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN AN AMOUNT NOT TO EXCEED $100,000.00 WITH GALL'S LLC WHEREAS, Police, Fire and EMS has a need to purchase uniforms for Public Safety staff; and WHEREAS, the City of Schertz has chosen Gall's LLC, a vendor participating in the Interlocal Purchasing Agreement between the City of Schertz and City of Frisco, for the uniforms and other related items; and WHEREAS, purchases under the cooperative programs meet the requirements under Subchapter C, Chapter 791.025 of the Texas Government Code, which states that a local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services. i S • i • • THAT: Section 1. The City Council hereby authorizes expenditures to Gall's LLC in a not to exceed amount of ONE HUNDRED THOUSAND AND ZERO DOLLARS ($1.00,000.00). 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. 50234811.1 PASSED AND ADOPTED, this 14th day of April, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 RESOLUTION NO. 15 -R -91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF FRISCO REGARDING UNIFORM PURCHASES AND OTHER ASSOCIATED ITEMS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Interlocal Agreement for the purchase of goods and services, which is a recognized governmental function; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this contract with the City of Frisco pursuant to the Interlocal Agreement for Uniform and other Associated Items services attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY TBE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS l91EEW Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the City of Frisco in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council, Section 3. All resolutions, or parts thereof; which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, tt;qt day of L�2015. CITY OF S� TEXAS r chael R. Carpenter, Mayor ATTEST: Brenda Dennis (CITY SEAL) INTERLOCAL AGREEMENT This lnterlocal Agreement ( "Agreement ") is made and entered into this 15th day of October, 2015, by and between the CITY OF FRISCO, Texas (hereinafter called "FRISCO "), and the CITY OF SCHERTZ, Texas (hereinafter called "SCHERTZ "), each acting by and through its duly authorized officials: WHEREAS, FRISCO and SCHERTZ are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, FRISCO and SCIIERTZ wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "lnterlocal Cooperation Act ") to set forth the terms and conditions upon which FRISCO and SCHERTZ may purchase various goods and services commonly utilized by each patty; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of FRISCO and SCHERTZ through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, FRISCO and SCHERTZ have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; FRISCO and SCHERTZ agree as follows: 1. FRISCO and SCHERTZ may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services froze vendors under present and future contracts. 2. FRISCO and SCHERTZ shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. FRISCO and SCHERTZ shall each make their respective payments from current revenues available to the paying party. 3. Notwithstanding anything herein to the contrary, participation in this Agreement may be teiTninated by any party upon thirty (30) days written notice to the other participating party(ics). 4. The undersigned officer and /or agents of the patty(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto, 5. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6. This Agreement shall become effective on the day and year first written above (the "Effective Date "). The primary term of this Agreement shall be for one (1) year, commencing on the Effective Date and terminating on October 13, 2016, and shall thereafter automatically renew for successive one -year terms, unless terminated according to the terms set forth in Paragraph 3. 7. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys` fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. 8. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. 9. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any r rle or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included, 10. This Agreement embodies the entire agreement between the panties and may only be modified in writing executed by both parties. 11. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. 12. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 13. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. EXECUTED hereto on the day and year first above written. CITY OF FRISCO �11-r George Purefo City Manager STATE OF TEXAS COUNTY OF COLLIN CITY OF SCHERTZ P6--� John C. Kessel City Manager This instrument was acknowledged before me on the ` day of 2015, by George Purefoy, City Manager of the CITY OF FRISCO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. � y Notary Public in and for the Mate _ of Texas 2Z 2C08 S STATE OF TEXAS COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of_& �Y2 S, by John Kessel, City Manager of the CITY OF SCHERTZ, TEXAS, a home -rule municipal corporation, on behalf of such corporation. �4�prb1G��� SARAN E. GONZAL Notary Public state of TOA s M Comm. txp.10.31 -2015 �r Notary Public in and Vt h e ate of Texas Agenda No. 5. ei Olum City Council April 28, 2020 Meeting: Department: Fire Department Subject: Resolution No. 20 -1t -43 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the submission of a Grant Application in an amount up to $78,398.00 to the Office of the Governor, Homeland Security Division for the 2020 State Homeland Security Grant Urban Area Security Initiative (UASI) Program; and authorizing the acceptance of the funds, upon award. (C. Kelm /K. Long) I YXI G X" '510 OIL, 7 Schertz Fire Department is a founding member of the FEMA Type III, GuadaComa Emergency Response Group that includes New Braunfels, Seguin, Cibolo, Live Oak, Universal, City Selma and the Guadalupe, Comal and Bexar county area. The team currently covers 395 square miles of 3 counties (Bexar, Comal and Guadalupe Counties). The estimated population in this area is approximately 235,000. This group's sole purpose is to work jointly to mitigate hazardous material incidents to limit the public and commercial impact of these situations. In addition, Schertz Fire Department participates in numerous mutual aid agreements including regional and statewide responses. Schertz Fire Department is attempting to secure grant funds to purchase multi -use equipment that will increase the capacity of the GuadaComa Emergency Response Group and can be used daily on calls for service within the Schertz city limits. In hazardous material situations it is imperative to be able to properly identify the hazardous product that is being dealt with in a rapid manner. Technology now allows a device to be carried to a scene that will identify thousands of different chemicals and compounds. The UASI Grant, is a second Homeland Security grant program that is available in our area that we would like to apply for. GOAL The Fire Department seeks Council approval to accept the 2020 State Homeland Security Program (UASI) Grant funds, if awarded, to purchase Hazmat Equipment. COMMUNITY BENEFIT This is a grant item that supports Fire Response Activities. SUMMARY OF RECOMMENDED ACTION Recommend approval. FISCAL IMPACT None. Equipment is expected to cost $78,398.00, of which all $78,398.00 will be state funds and no matching City funds are required. I R 9[KO►1 lu 111►117_"I I [17 011 Recommend approval. Attachments S.1 RESOLUTION NO. 20-R-43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN AN AMOUNT UP TO $78,398.00 TO THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY DIVISION, FOR THE 2020 STATE HOMELAND SECURITY GRANT URBAN AREA SECURITY INITIATIVE (UASI) PROGRAM; AND AUTHORIZING THE ACCEPTANCE OF THE FUNDS, UPON AWARD. WHEREAS, the Office of the Governor, Homeland Security Division (HSD) is a program that is designed to enhance the State's ability to prevent, respond to; and recover from acts of terrorism; and WHEREAS, the City Staff of the City of Schertz (the "City ") has recommended that the City Council authorize the filing of a grant application with Homeland Security Grant Program relating to Hazmat Equipment for Schertz Fire Rescue; and WHEREAS, no matching contribution is required; and WHEREAS, The City of Schertz agrees that in the event of loss or misuse of the Office of the Governor funds, The City of Schertz assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the City Council has determined that it is in the best interest of the City to apply for a grant from the Office of the Governor, Homeland Security Division (HSD). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Manager and his designee are hereby authorized to submit a grant application in an amount not to exceed $78,398.00 to the Office of the Governor, Homeland Security Division to fund the following State Homeland Security Grant (UASI) Projects: Grant # 4127801 - Fire Services Regional Response Capabilities Section 2. The City Council hereby authorizes the City Manager and/or the Fire Chief as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of April, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ei Olum City Council April 28, 2020 Meeting: Department: Fire Department Agenda No. 6. Subject: Resolution No. 20 -R -44 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures with Farrwest Environmental Supply totaling no more than $90,000.00 for supplies and equipment during the 2019 -2020 Fiscal Year and other matters in connection therewith. (C. Kelm /K. Long) The City's practice is to seek authorization from Council when expenditures with a vendor will exceed $50,000 in one fiscal year. The Fire Department purchases additional routine firefighting equipment, such as wildland firefighting boots, structure firefighting boots, lights, gas monitoring equipment, and other general use items. To date, the City has spent approximately $40,000 with Farrwest Environmental for supplies and equipment. For the remainder of the Fiscal Year, the Fire Department as well as the EMS Department anticipates at least $30,000 in additional supplies and equipment but is requesting a not to exceed amount that includes an additional $20,000 to be able to purchase supplies quickly if the need arises. GOAL To obtain authorization from City Council for expenditures with Farrwest Environmental for supplies and equipment in an amount not to exceed $90,000 for the remainder of the Fiscal Year. COMMUNITY BENEFIT The items purchased from Farrwest Environmental are in support of EMS Response, Fire suppression activities as well as technical rescue supplies and equipment. Farrwest Environmental currently provides the most economical costs for response and suppression equipment. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorizes Resolution 20 -R -44 for expenditures with Farrwest Environmental for the remainder of the 2019 -2020 Fiscal Year in an amount not to exceed $90,000.00. FISCAL IMPACT Funds (the not to exceed amount of $90,000) for supplies and equipment are budgeted and available. • I 1 Staff recommends that Council authorizes Resolution 20 -R -44 for expenditures with Farrwest Environmental for the remainder of the 2019 -2020 Fiscal Year in an amount not to exceed $90,000.00. Attachments Farrwest RESOLUTION NO. 20 -R -44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH FARRWEST ENVIRONMENTAL SUPPLY TOTALING NO MORE THAN $90,000.00 FOR SUPPLIES AND EQUIPMENT DURING THE 2019 -2020 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires the purchase of Fire Fighting Supplies and Equipment; and WHEREAS, City staff has determined that Farrwest, a cooperative vendor, provides the best -value to the City for essential firefighting equipment and supplies; and WHEREAS, purchases under these programs meet the requirements under the Texas Local Government Purchasing Code rule for cooperative purchases as adopted by the City's purchasing policy; WHEREAS, City practices limits vendor expenditures to $50,000.00 without City Council approval; and WHEREAS, the City has already purchased items with Farrwest Environmental this Fiscal Year totaling approximately $40,000; and WHEREAS, the City Council authorizes City Staff to request additional Supplies and Equipment by Farrwest Environmental to be invoiced in an amount not to exceed $90,000.00 for the remainder of Fiscal Year 2019 -2020. WHEREAS, these items are included in the 2019 -2020 Fiscal Year Budget and no additional funding is requested; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes expenditures with Fan west Environmental not to exceed $90,000.00 for Fiscal Year 2019 -2020. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this :Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of April, 2020 Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor W Agenda No. 7. ei Olum City Council April 28, 2020 Meeting: Department: Fire Department Subject: Resolution No. 20 -R -45 - Consideration and /or action approving a Resolution by the City Council of The City Of Schertz, Texas authorizing expenditures in an amount not to exceed $525,000.00 with Siddons Martin Emergency Group and other matters in connection therewith. (C. Kelm /K. Long) BACKGROUND To date, the City has spent approximately $300,000 with Siddons- Martin for normal routine equipment, maintenance, repairs, and vehicle purchase for Fire and EMS vehicles and apparatus. Within the 2018 / 2019 fiscal budget year, Schertz Fire Department was approved to purchase one (1) Platform Apparatus, in the amount of $1,2000,000 approved in Resolution 19 -R -103. This Platform is in the construction process and expected to arrive in August 2020. Resolution 1.9 -R -103 was approved by Council on August 27, 2019 which anticipated a trade in amount on the retiring Platform. Because this apparatus was struck on an incident, the City will have to pay Siddons -Martin up to $85,000, which is the amount of the trade -in value and the value of some of the replacement equipment cost we were unable to move from the old apparatus to the new apparatus. This amount will be recovered by the insurance claim from the incident, but it will count against our authorized spending limit. In addition to the trade in value, we will need to provide a rental payment to Siddons -Martin for the rental firetruck the City is using because of the incident, in the loss of use of our previous apparatus. Although the insurance claim is reimbursing the expense, the rental payment could be up to $60,000 and applied to our spending limitation with Siddons Martin. On December 3, 2020, Council approved Resolution 19 -R -156 with a not to exceed amount of $315,000.00 for EMS to purchase (1) ambulance and associated equipment with Siddons Martin. For the remainder of the Fiscal Year, Fleet, EMS and the Fire Department anticipates up to $65,000 in additional equipment, maintenance, and repairs needed for our Public Safety vehicles. In summation, staff is proposing a not to exceed amount with Siddons - Martin in the amount of $525,000 ($315,000 + $85,000 + $60,000 + 65,000). GOAL To obtain authorization from City Council for expenditures with Siddons -Martin for equipment, maintenance, repairs, and vehicle purchase in an amount not to exceed $525,000 for the remainder of the Fiscal Year. COMMUNITY BENEFIT The items purchased from Siddons- Martin are in support of Fire Suppression and EMS Response. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 20 -R -45. 01 UR Funds (the not to exceed amount of $525,000 for equipment, maintenance, and repairs) are budgeted in the FYI 9/20 Council Approved Budget and are available. At least $145,000 will come from insurance settlement funds on the totaled Platform. Funds for the maintenance and repairs of the vehicles is within the FY 2019/2020 budget and previously approved by Council. RECOMMENDATION Staff recommends approval of Resolution 20 -R -45. Attachments G • .1 RESOLUTION NO. 20 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN AN AMOUNT NOT TO EXCEED $525,000.00 WITH SIDDONS MARTIN EMERGENCY GROUP WHEREAS, multiple departments within the City make purchases from Siddons Martin Emergency Group; and WHEREAS, Siddons Martin Emergency Group has been identified as a sole provider for parts and service for Pierce Mfg. equipment; and WHEREAS, City has purchased approximately $300,000.00 in Fiscal Year 19 -20 for routine maintenance, repairs, and vehicle /equipment purchases for Emergency Services; and WHEREAS, City anticipates having additional expenditures in the amount of $210,000.00 for Fiscal Year 19 -20. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes expenditures to Siddons Martin Emergency Group in a not to exceed amount of FIVE HUNDRED TWENTY -FIVE THOUSAND AND ZERO DOLLARS ($525,000.00). 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. 50234811.1 PASSED AND ADOPTED, this 28th day of April, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 ei 1011M City Council April 28, 2020 Meeting: Department: Executive Team Agenda No. 8. Subject: Resolution No. 20 -R -46 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz Texas, authorizing an Interlocal Agreement for funding assistance with the Schertz Housing Authority. (M. Browne /B. James) The Schertz Housing Authority administers housing assistance programs for families and individuals in need in the community. For a number of years the City has provided financial assistance in the amount of $5,000 annually to the Schertz Housing Authority in light of rising housing costs and the growing population. The Schertz Housing Authority provides a critical public service in providing housing assistance, including operating a number of housing complexes and administering housing voucher programs in the area. Without the Schertz Housing Authority providing this service, many residents in need would not have local access to housing assistance. The City also provides $5,000 in annual financial assistance to the Guadalupe County Regional Medical Center in Seguin for the prescription assistance program and to CASA to assist children in foster care. The agreement will allow for payment of budgeted funding beginning in the current fiscal year (FY 19 -20). GOAL Assist Schertz residents in need of quality affordable housing by providing financial support to the Schertz Housing Authority. COMMUNITY BENEFIT Healthier citizens as a result of quality housing. Approval of Resolution 20 -R -46 authorizing an ILA with the Schertz Housing Authority to provide $5,000 annually to aid them in providing quality affordable housing to the residents of Schertz. This funding will assist them in continuing to operate and provide services. The term of the ILA is for one year (FY 19 -20) but allows for its renewal for four (4) additional one year terms. Funding is provided as part of the City's annual budget. FISCAL IMPACT $5,000 annually that is appropriated through the City's annual budget. RECOMMENDATION Approval of Resolution 20 -R -46. Attachments Res 20 R 46 Annual Report SHA RESOLUTION NO. 20 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR FUNDING ASSISTANCE WITH THE SCHERTZ HOUSING AUTHORITY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Housing authority provides housing assistance programs for families in need in the community; and WHEREAS, local access is often critical to families in need of housing assistance; and WHEREAS, in light of increasing housing costs and a growing population, there is a significant public purpose in offering affordable housing assistance in a community; and WHEREAS, a lack of affordable housing programs can lead to significant negative problems in a community, impacting areas such neighborhood quality and creating instability in a community; and WHEREAS, a housing instability can impact economic security, education, health and access to services and job; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an interlocal agreement with the Schertz Housing Authority relating to housing assistance programs; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Schertz Housing Authority; and WHEREAS, in an effort to provide assistance in a timely manner, the City Manager and City Attorney are hereby authorized to develop and execute an interlocal agreement to provide for funding and reporting. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Schertz Housing Authority an interlocal agreement that provides for use of the funds by the Schertz Housing Authority and updates to City Council on housing programs provided by the Schertz Housing Authority. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of April 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) This Interlocal Agreement, effective as of October 1, 2019 (this "Agreement "), is between the City of Schertz, Texas, (the "City ") a political subdivision of the State of Texas, and the Schertz Housing Authority (the "Schertz Housing Authority ") a public corporation of the State of Texas, created pursuant to the Texas Local Government Code, Chapter 392, as amended. WHEREAS, the Schertz Housing Authority provides housing assistance programs for families in need in the community; and WHEREAS, local access is often critical to families in need of housing assistance; and WHEREAS, in light of increasing housing costs and a growing population, there is a significant public purpose in offering affordable housing assistance in a community; and WHEREAS, a lack of affordable housing programs can lead to significant negative problems in a community, impacting areas such as neighborhood quality and creating instability in a community; and WHEREAS, housing instability can impact economic security, education, health and access to services andjobs; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an interlocal agreement with the Schertz Housing Authority relating to housing assistance programs; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Schertz Housing Authority; and WHEREAS, the City Council has determined that the provision of an assistance program for housing is apublic purpose; and WHEREAS, the City and the Schertz Housing Authority are authorized to execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, THE CITY AND THE SCHERTZ HOUSING AUTHORITY, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Purpose. (a) The Schertz Housing Authority agrees during the term of this Agreement to work to provide decent, safe and sanitary housing for the elderly, disabled and very low- income families in the community. The Schertz Housing Authority shall observe and comply with all applicable federal, state, county, and City laws, rules, ordinances, and regulations that in any manner affect the provision of the services described in this Agreement. The Schertz Housing Authority agrees to provide a written report to the City Council of the City on or about July 1 of each year that documents that the payments by the City described in Section 3 have benefitted community. The Schertz Housing Authority further agrees to provide the City (at the City's request from time to time) with the complete budget for the Schertz Housing Authority. { sl' C�6■ 9i ��"' P■r v�s�s0� �� ! -�rss s■C� �'s e a�!nAC�ku sly azG - 6- ! ' "s s■Cd�roj -w P■r i'�r�- {s bk ' .rX I°s'n�s�fi s�9$ o t ■ (h'rs■sO adn; i'n r �■�' I ozo■s ��Ts�ns�l' �-j �� C�' - �iPC�r AP .�Jroo� sr a�'n -�Ir d� ! -E'tss s■(� Section 3. Consideration. In consideration of the Schertz Housing Authority's provision of housing assistance pursuant to this Agreement, the City agrees to pay the Schertz Housing Authority $5,000 on or about November 1 of each fiscal year of the agreement. Section 4. Authorization. This Agreement has been duly authorized by the governing bodies of the City and the Schertz Housing Authority and shall be funded out of available revenue. Section 5. Severability. Ifany portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect. Section 6. Amendments. This Agreement represents the complete understanding of the City and the Schertz Housing Authority with respect to the matters described herein. This Agreement may not be amended or altered without the written consent of both parties. Section 7. Governing Law. This Agreement shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 204 SCHERTZ PARKWAY SCHERTZ, TEXAs 78154 PHONE: (210) 658-1001 ► FAx: (210) 658-3401 - TTY: (800) 735-2989 Assistant City Manager 1400 Schertz Parkway Schertz, TX 78154 6-1- • 1"- 107MILTAM - On behalf of the Schertz Housing Authority Board • Commissioners, we are submitting this Annual Report to share, with the Council Members as requested. Thank you for helping us to fulfill our Mission in providing decent, safe -9nd sanitary housing for the elderly, disabled and very low-income family. The Schertz City 2018 and 2019 $5 000 Grants were utilized as follows: jppi 1111 11 � 1 11 # I lie 9 a 11�yecu tive Director 69-9943 Cell#; 2100566-4633 Direct Line Back # CC: Schertz City File, Board Commissioners OUR MISSION IS TO PROVIDE DECENT, SAFE AND SANITARY HOUSING EQUAL HOUSING OPPORTUNITY FOR THE ELDERLY, DISABLED AND VERY LOW INCOME FAMILY. ei Olum City Council April 28, 2020 Meeting: Department: Planning & Community Development Agenda No. 9. Subject: Ordinance No. 20 -S -12 - Conduct a public hearing, consider and take action on a request for a Specific Use Permit to allow a Convenience Store with Gas Pumps on approximately 2 acres of land, more specifically described as the southeast corner of FM 3009 and Ripps - Kreusler Road, City of Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood/N. Koplyay) A Specific Use Permit for a convenience store with gas pumps was previously recommended for approval by the Planning and Zoning Commission on March 13, 2019 and was approved with conditions by City Council on April 23, 2019. The condition was that a building is approved within one year of the adoption of the ordinance on April 23, 2019. The Ordinance 19 -S -14 that was approved by City Council is scheduled to expire on April 23, 2020. The applicant had a preliminary plat for the approximately 150 acre parent tract approved by the Planning and Zoning Commission on November 13, 2019, and the applicant is currently in the final stages of the final plat certification process and building permit review process. In order to continue the project the applicant would need an approved final plat, an executed subdivision improvement agreement, and an approved building permit before April 23, 2020. This timeline was judged to be infeasible, and to ensure the quality of the project the applicant is pursuing a new Specific Use Permit Application for a convenience store with gas pumps. The proposed Specific Use Permit application and site plan are consistent with what was previously approved by the City Council in April 2019. There are no proposed modifications to the land use, the building size, or layout with this proposed new SUP. This Specific Use Permit application was heard by the Planning and Zoning Commission on March 25, 2020 and was recommended for approval to City Council by unanimous vote. GOAL The goal of the application is to allow a Specific Use Permit for a convenience store with gas pumps on approximately 2 acres of land, more specifically described as the southeast corner of FM 3009 and Ripps- Kreusler Road. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. [. 16 111 11 11 1 1 "1 The subject property is currently surrounded by a 150 acre undeveloped parcel of land, the F.M. 3009 Right -Of -Way, and the Ripps - Kreusler Right -Of -Way. All adjacent properties are zoned General Business District (GB), and the properties on the opposite side of the two adjacent right -of -ways (currently occupied by Randolph Brooks Federal Credit Union and First United Bank) are also zoned General Business District (GB). Given that the proposed convenience store would be surrounded by three public roads and the adjacent properties are zoned General Business District (GB), the proposed Specific Use Permit to allow a convenience store with gas pumps would not have an additional adverse impact on the adjacent development. The Comprehensive Land Use Plan, through the Future Land Use Plan, identifies this area as both Commercial Campus and Single- Family Residential. The proposed convenience store with gas pumps is compatible with the retail commercial uses that the Future Land Use Plan designates as appropriate for land areas identified as Commercial Campus. Therefore, the proposed convenience store with gas pumps is in general conformance with the Comprehensive Plan. A site plan was approved with the Specific Use Permit on April 9, 2019. . The applicant is proposing to construct a 4,955 square foot convenience store with eight (8) gas pumps on the approximately 2 acre tract of land. • Architectural Standards: The proposed convenience store complies with all architectural feature requirements (i.e. horizontal and vertical articulations) defined in Schertz Unified Development Code (UDC) Sec. 21.9.5 Exterior Construction and Design Standards. • Parking: The proposed parking areas meet all current regulations within UDC Article 10 Parking Standards. The site will provide forty -three (43) parking spaces sized 10' x 20', of which three (3) will be designated as handicapped parking only. • Screening requirements: The site has satisfied the minimum screening requirements for the location. The trash receptacle will be constructed of a masonry material with metal gates that meet the minimum requirements. • Lighting and glare standards: The applicant will be responsible for complying with UDC Sec. 21.9.11 Lighting and Glare Standards through the building permit process. • Landscaping: The proposed site plan meets all requirements outlined in UDC Sec. 21.9.7 Landscaping: The proposed site plan meets all requirements outlined in UDC Sec. 21.9.7 Landscaping. The proposed total landscaped area on the site is 24 %, and the applicant is proposing to plant 39 total trees (22 Live Oak, 9 Texas Ash, and 9 Texas Redbud), which meet the requirements outlined in UDC Sec. 21.9.7.E Landscape Installation Required. The landscape plan shows that the applicant is also proposing to save both of the two existing Heritage Class trees onsite through relocation, which meets the requirement to preserve at least 25% of all mitigatable Protected and Heritage Class trees in UDC Sec. 21.9.9.C.3 Minimum Preservation. The applicant is proposing to plant fifteen (15) trees along FM 3009, which complies with the requirement of 1 tree planted per twenty linear feet (20') of street frontage along principal and secondary arterials, outlined in UDC Sec. 21.14.3 Additional Design Requirements. The applicant will comply with UDC Sec. 21.9.7.H.2 Perimeter Landscaping by planting at least 1 tree per fifty linear feet (50') along their two other street frontages to screen the proposed parking lots and vehicular use areas from the two right -of -ways. The applicant will also fully comply with UDC Sec. 21.9.7.H Parking Area Landscaping by planting one tree every twelve (12) parking spaces and at the terminus of all rows of parking. • Access and circulation: The site will be provided access through three new driveways: a two -way entrance and exit on F.M. 3009, a two -way entrance and exit on the proposed extension of Baptist Health Drive, and a one -way entrance only on Ripps- Kreusler Road. A 25' fire lane is being proposed on all sides of the convenience store to allow for emergency vehicle access. The associated Site Plan and submitted Traffic Impact Analysis has been reviewed and approved by both the City of Schertz Engineering Department and the Texas Department of Transportation (TxDOT). FISCAL IMPACT None RECOMMENDATION This Specific Use Permit application was heard by the Planning and Zoning Commission on March 25, 2020 and was recommended for approval to City Council by unanimous vote. A new Specific Use Permit for a convenience store with gas pumps will allow the applicant to ensure the quality of the plans submitted for the final plat, public improvements, and building permit instead of rushing to meet the expiration date. The idea behind the Specific Use Permit expiration condition is to make sure the applicant is moving the project forward in timely manner following City Council's approval, and progress has been made to develop the property since the approval of the previous Specific Use Permit one year ago. Therefore, Staff believes the applicant remains committed to the project and is recommending approval of the Specific Use Permit to allow a convenience store with gas pumps, once again conditioned upon the following: a. A building permit is approved within one year of the adoption of the SUP ordinance; and b. The use begins operation within two years of the issuance of the necessary building permit(s). Attachments Ordinance 20 -S -12 Ordinance 20 -S -12 Exhibit A Aerial Map Public Hearing Notice Map ORDINANCE NO. 20-S-12 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS AT THE SOUTHEAST CORNER OF FM 3009 AND RIPPS- KREUSLER, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. WHEREAS, an application for Specific Use Permit to allow a convenience store with gas pumps, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as the Southeast Corner of FM 3009 and Ripps-Kreusler, (hereinafter, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.1 LE. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested specific use permit (the "Conditions "); and WHEREAS, on March 25, 2020, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of a Specific Use Permit for a convenience store with gas pumps; and WHEREAS, on April 28, 2020, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested Specific Use Permit be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. A Specific Use Permit for the Southeast Corner of FM 3009 and Ripps- Kreusler, more particularly described in the attached Exhibit A, is hereby approved to allow a convenience store with gas pumps conditioned upon the following occurring: a) A building permit is approved within one year of the adoption of this ordinance; and b) The use begins operation within two years of the issuance of the necessary building permit(s). 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. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 28th day of April, 2020. PASSED, APPROVED AND ADOPTED on final reading the 5th day of May, 2020. Ralph Gutierrez, Mayor I:�.im Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" � y \�� � y .� :� � �.< ». \2 <. : «�. .2» d 2 ��«�\ . y .. . » «, \� \� \\d � «2 »R<d «r � ® °d 2.«\� �A« \ ?y� � zz �© 6?2<i ��_, a.1 ? »»< :�� -, =, ©gym ?y° , .. , . a} \ \t >� m / �© � y( a:. ���\ ©��� - °� °� \�� a » w a «& 2 » g� » � � �� � a� @ 2 , \ �: \ :: .�. �» ` . b° m 7 d�� @ °? w \ \ ƒ?\ ?C 3 Z9 \§ �eJ> 2� : I a Su �IIII �i XL zLtRKV ursniku-4to *eGm w f;,EOV oN dp.L)jjnb � \�� \���. ��« \�. »�@ � KOi,'ON di Pb TII \ {/� e kL jj ei IRIUM City Council April 28, 2020 Meeting: Department: Public Works Agenda No. 10. Subject: Ordinance No. 20 -T -14 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an Adjustment to the Fiscal Year 2019 -2020 Reserves for $250,025.00; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (C. Kelm /S. Williams/D. Letbetter) The FY 2020 -2021 vehicle replacement plan identifies the need to replace the 2007 street sweeper for $230,000. Currently, the sweeper is not working and is too costly to repair and has become inoperable, due to normal use, wear and tear. As a solution, Staff proposes to replace the 2007 street sweeper during FY 2019 -2020 with money from the Reserves. Also, Staff applied and has been tentatively approved to receive a grant from Texas Commission on Environmental Quality (TCEQ) in the amount of $112,462.00 after the new street sweeper is purchased and proof that the old street sweeper is no longer drive -able is provided to TCEQ. The $230,000 identified in the FY 2020 -2021 vehicle replacement program to purchase the new sweeper will go back into Reserves in FY 2020 -2021. GOAL To acquire a new street sweeper this year and maintain the city sweeping schedule to meet residents' expectations and stormwater management requirements. COMMUNITY BENEFIT This would allow the city to operate two street sweepers that are necessary to maintain the city's sweeping program. With less downtime due to breakdowns and more effective equipment, Staff can accomplish the minimum street sweeping required to keep the curb lines clean. City staff recommends that the City Council approve ordinance 20 -T -14 the budget amendment to purchase a new street sweeper in the FY2019 -2020 budget year. The fiscal impact for the 2019 -2020 budget year will be not to exceed $250,025.00. RECOMMENDATION City staff recommends that the City Council of the City approve the Budget Amendment of $250,025.00 for the purchase of a new street sweeper during FY 201.9 -2020. Attachments BA Sweeper 1 7'7 .. ORDINANCE NO. 20-T-14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2019 -2020 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 19 -T -23, the City of Schertz (the "C & ") adopted the budget for the City for the fiscal year 2019 -2020 (the "Budge ), which provides funding for the City's operations throughout the 2019 -2020 fiscal year; and WHEREAS, the City needs to transfer authorized budget amounts of $250,025.00 from the Vehicle Replacement Fund to the Equipment Over $5,000.00 budget for the purchase of new 2020 Tymco Street Sweeper; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget transfer for the purchase of a new 2020 Tymco Sweeper. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall transfer $250,025.00 from the Vehicle Replacement Fund to Equipment over $5000.00 line item. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 28th day of April, 2020. 1 1 ATTEST: Brenda Dennis City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS -2- Ralph Gutierrez, Mayor Agenda No. ll. ei Olum City Council April 28, 2020 Meeting: Department: City Secretary Subject: Ordinance No. 20 -13 -15 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz amending Ordinance No. 20 -H -13; extending a Declaration of Local Disaster and Public Health Emergency; amending the rules and regulations for the duration of the disaster; restricting certain activities; establishing penalties for violations; providing and effective date and declaring an emergency. First and Final Reading (Mayor /Council) 1 yX1 4Kl1 IG0k,I On Tuesday, April 7, 2020, Mayor and City Council passed an Ordinance extending a Declaration of Local Disaster and Public Health Emergency to be effective at 11:59 p.m. until May 5, 2020. Also, at this meeting it was discussed by Council to have this item placed on future agendas for discussion and possible actions. Council approved Ordinance No. 20 -H -13 that extended the Declaration of Local Disaster and Public Emergency until May 5, 2020, and was signed pursuant to §418.108(a) of the Texas Government Code. Mayor and Council will be briefed by staff regarding Governor Abbott's plans to re -open the economy. GOAL To continue the decrease in the spread of the virus throughout our Community and slow transmission as much as possible. To provide guidance to the citizens and businesses of the rules regarding very comprehensive, careful, and strategical plans and procedures to open up the economy. COMMUNITY BENEFIT To keep all citizens safe and reduce the transmission of the virus and to provided updated rules and regulations for possible openings based upon the Governor's plan. SUMMARY OF RECOMMENDED ACTION Take any action necessary as a result of possible changes to the existing ordinance. FISCAL IMPACT Unknown at this time. I -1 WOUILl I►111101117_74 9 [17041 Take any action necessary as a result of possible changes to the existing ordinance. Attachments Ordinance 20-H-13 WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan City, Hubei Province, China. Symptoms of COVID-19 include fever, cough, and shortness of breath. Outcomes have ranged from mild to severe illness, and in some cases death; ,q:rd WHEREAS, on January 20, 2020, the World Health Organization (WHO) Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising countries to prepare for the containment, detection, isolation and case management, contact tracing and prevention of onward spread of the disease; and L I I I I I I I i 1 jjrjIjII!jjFWPTrI!jjjjjrjf 1 111111 1 1 pligill 1�1111111 iiiiiiiiiiiii III I I WHEREAS, on Wednesday April 1, 2020, the World Health Organization (WHO) declared, the crisis that is now a pandernic after infecting nearly 926,095 people around the world ani killed 46,413. 211,698 cases have been confirmed in the United States according to WHO. WHEREAS, the virus is characterized by mild symptoms including a runny nose, sore throat, cough and fever, similar to the influenza where in severe cases it can lead tw pneumonia or breathing difficulties according to WHO; and WHEREAS, those with these symptoms who have traveled to or been in contact with an to see their physician; and WHEREAS, on March 13, 2020, President Trump declared a state of emergency due to COVID- 19; and 11,111.111.61 WHEREAS, Governor of Texas, issued a disaster proclamation on March 13, 2020, certifying that COVTD- 19 poses an imminent threat of disaster for counties in the state of Texas; and WHEREAS, the Texas Department of State Health Services has now determined that, as of March 19, 2020, COVID- 19 represents a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code; and Section 4. Pursuant to §418.108(d) • the Government Code, this declaration of a local state ♦ disaster and public health emergency activates the City of Schertz, Texas, emergency management plan. Section 5. Pursuant to §418.020(c) of the Government Code, this declaration authorizes the City to commandeer or use any private property, temporarily acquire, by lease or other means, sites required for temporary housing units or emergency shelters for evacuees, subject to compensation requirements. Section 6. Pursuant to § 122.00• • the Health and Safety Code, this declaration authorizes the City to take any actions necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals, regulating ingress and egress from the City, and fining those who do not comply with the City's rules. Section 7. All ordinances 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 herein except those portions deemed to conflict with GA- 14, . Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States • 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 Council 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 t Ordinance is adopted was open to the public and public notice of the time, plac - and subject matter of the public business to be considered at such meetin including this Ordinance, was given, all as required by Chapter 551, Tex Government Code, as amended. cl Section 11. Should Governor Abbott lift the statewide disaster orders now in place prior to the date of expiration stated herein, this ordinance shall no longer be subject to enforcement by the City and shall be repealed by the City Council at the first legally posted meeting thereafter. Section 12. This Ordinance shall be in force and effect from its first and final passage, and a publication required by law. I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS THIS ORDINANCE WAS PASSED, ON FIRST AND FINAL READING, THE 7th DAY OF APRIL 21 20. By: Ra i oit* M�ayor 11 AT-T'E,5T- Brenda Dennis, City Secretary 1:0114:111.3y SECTION 3. All public and private gatherings • any number • people occurring outside a &A - j"J"fe al 111011M, WN I WN Mi. -me I MON -0020 M_ I MIMI wherever reasonably possible. MrGIVIOWKWOM B. Covered Businesses and Covered Entities: For the purposes of this Stay Home Stay Safe Order, covered businesses include any for-profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure. 'r • r r• • • �' r- r r FUNT-3W., Clinical Standards and Quality/Quality, Safety & Oversight Group Memorandum (most recent publication dated March 13, 2020). Essential Businesses. For purposes of this Stay Home Stay Safe Order, "Essentiaj Businesses" means: Essential Travel: For purposes of this Stay Home Stay Safe Order,Essential Travel" SECTION 5: Governor Greg Abbott by the issuance of Executive Order GA 14, has deemed religious and worship services as "Essential Services". If religious services cannot be conducted from home or through remote services, they should be conducted consistent with the Guidelines from the President and the CDC by practicing good hygiene, environmental cleanliness, and sanitation, and by implementing social distancing to prevent the spread of COVID-19 .­­.5 MIffeVI I- — use for the duration of this order. Parks are open to the public during regular hours, but their use is limited exercise activity and Social Distancing Requirements must be followed at all times. SECTION 8: Nursing homes, retirement, and long-term care facilities are instructed by this order to prohibit non-essential visitors from accessing their facilities unless to provide critical assistance or for end-of-life visitation. and the State of Texas, and scientific evidence and best practices regarding the most effective approaches to address the concerns for the health and safety of the pubic. The notable risk to the health and safety of the public has resulted in a public health emergency throughout the County. SECTION 11. This Stay Home Stay Safe Order also is issued based on known risks to the health and safety to the people of Schertz, Texas. This Stay Home Stay Safe Order is necessary to protect the health and safety of the people and to limit the factors creating the risks. SECTION 12. Prohibited activities: All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes joiermitted bp this Emergencp Order. Pursuant to curmat rom the CDC, an�w �therinN of -guidance f more than ten people is prohibited unless exempted by this Emergency Order. Nothing in this Emergency Order prohibits the gathering of members of a household or residence. All places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, museums, arcades, fairs, children's play centers, playgrounds, funplexes, theme parks, bowling alle�iis , movie "haters. including drive-in or drive thru concert and music halls and counn,- clubs or social clubs shall be closed to thepublic. SECTION 15. Any peace officer or other person with lawful authority is further authorized to enforce the provisions of this Ordinance or the orders of the Governor in accordance with th,* authority granted under the Texas Disaster Act of 1975, as applicable, which allows a fine not t* exceed $1000.00 and confinement not to exceed 180 days pursuant to Government Code 418.173. M WE 10 &TX-I titqjs:� schertz,com and filed with the City Secretary. In addition, the owner, manager, or operator of any facility that is likely to be impacted by this Stay Home Stay Safe Order is strongly encouraged to post a copy of this Stay Home Stay Safe Order onsite and to provide a copy to any member of the public asking for a copy. rM the duration of the Mayor's Declaration of Public Health Emergency and any extension by the Schertz City Council. SECTION 18. This Emergency Order amends and supersedes the Emergency Order extended by Ordinance 20-H-09. Agenda No. 12. ei Olum City Council April 28, 2020 Meeting: Department: Purchasing & Asset Management Subject: Discussion and Presentation regarding procurement procedures and policies. (C. Kelm /J. Gohlke) Purchasing brought a workshop to Council in January of 2019 to highlight some of the findings from the Department Review done leading up to that to include a high -level view of the key components of the Purchasing Policy and related procurement processes. Since that time, many changes have been implemented to improve processes, procedures, and compliance with regard to Procurement. We've put together a short presentation to include an overview of where we were, how the changes that were made have led to where we are now, and additional changes will be needed going forward. Some of the changes we've made since last year's workshop include an updated Purchasing Policy (March 2019), Purchasing Training for all staff involved in the Purchasing Process, quarterly contract /budget meetings with management, and auditing of purchase orders to ensure compliance. All of these changes have led to increased compliance and oversight. Attachments Purchasing Presentation Purchasing Policy Purchasing Training S1ideDeck Vendor Volume Report NTE Tracking Spreadsheet How to view vendor spend PO Spend Report w /add Quarterly Contract Sample Quarterly Budget Sample .•I. • . Challenges Looking o f r .r 0 Previously updated in 2011 * What purchases require council approval? Requisition vs Purcht Authorized Expired t is • Inaccurate Information from "System st Record" • Lack of "formal" Purchasing r SCHHEIRTZ I COMMUNITY PUNI 3 "Procurement * Revised format for ease of use 4 Clear and Concise language for ease of understanding Authority" ' • *Clarified requirements related to Council Approval 0 Purchasing Training SCHHERTZ I COMMUNITY SERVICE OPPORTUNITY 4 program f• `• on continual • i * Increased frequency of Vendor Volume Report (Weekly Monthly) Quarterly i Meetings +Contract expiration dates +Current spend in relation to NTE Authorizatior IN Recording of Approved NTE in Incode IN Consolidated • .•. approvals by Authorized •e • i Limits City Policy: Any cumulative vendor purchases exceeding $50k require council approval SCHHERTZ I COMMUNITY SERVICE OPPORTUNITY 5 Monthly Audit of Five (5) Purchase Order between 010 - $50,000 SCHHERTZ 1 COMMUNITY SERVICE 6 Under V 00 Het wen $1,000 and S24,999.99 $50,00,0 or More Is it Budgeted Is it BudgeteV Is it Budgeted? kf Contact Purchasmg. for Assistance. Requires Formal Bid contact Purchasing for Assistance Head & Exec E Appro�-t PO, Place Order iv 'Fender Servicts- Contact ,Piirchaskg for Contract RNUIres City Council Approval May Require City Council Approval COMMUNIT SERVICE OPPORTUN ,e pt Head & Exec: D Approve PO, Place order wi, Vendor Complete inept Head &- Exec D Contract Approval Approit PO, Place Form if required H Order wiVendof Complete Contract Approv al Form if req uired ,e 15 Head & Exec D 1 Approve PO; Place Order w,Vender Furchasing Volume FY 18-11 i 1• SUE i llgreo =00� 1111 1 All accomplished OPPORTUNITY COMMUNITY SERVICE SCHHEIRIEZ I (',hallenges Face' ` Multiple E Exceeding authorized NTE Levels departments . orders * Requisitions not being finalized in lncodia,,,.,. r'• �,• �` i � � • . • •" ice• � � i i ii • . i lob, ii' • 0 Cost per i i contracts COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY 9 (',hallenges Face' ` +Volume Report only reflects payments made Spend report includes - l led/voided amounts + Cannot restrict purchases after certain spend levEj �'• • i .•i SCHHEIRTZ I COMMUNITY SERVICE OPPORTUNITY 10 Etelm �II" �III� 11011��= � i,�, (February departments 2 PO's same day $61,163.12 for Police 43,057.14 for IT dated l�lzro Me Volume Spend Report / ,1 dated Volume Spend Report 4/1 showed spend of 0 Total • Issued . i► 1 • OPPORTUNITY COMMUNITY SERVICE SCHHERTZ I 11 II „,00king Forward... =*Vq 9z:W=,ft,, egnmrommft emoklmw=” P, * Reflects all $$ encumbered by created purchase order 0 Department Head Specific Trainint 0 Increase Consistency in Practici Continued •' Continued Monthly PO Audits OPPORTUNITY + Summary Results to Department Head / ACM UN Cumulative Spend over $50k with a single vendor COMMUNITY SERVICE SCHHEAU[Z I SCHHERTZ I COMMUNITY OPPORTUNITY 13 1 IkL Approved March 20, 2020 I J. Mark Browne City Manager Imp TABLE OF CONTENTS 1. INTRODUCTION ............................................................................... ..............................3 2. ROLE OF THE PURCHASING DEPARTMENT .......................... ..............................3 3. PROCUREMENT STANDARDS ..................................................... ..............................4 4. PROCUREMENT AUTHORITY ..................................................... ..............................6 5. PURCHASING THRESHOLDS ....................................................... ..............................6 6. EXEMPT PURCHASING FUNCTIONS ......................................... ..............................9 7. EQUIPMENT AND VEHICLE PURCHASES ............................... .............................11 8. PETTY CASH PURCHASES ........................................................... .............................it 9. SPECIAL PROCEDURES FOR PUBLIC SAFETY SPECIFIC ITEMS .................11 10. INSURANCE REQUIREMENTS .................................................... .............................12 11. FIXED ASSETS ................................................................................. .............................12 12. SURPLUS ........................................................................................... .............................12 13. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS........................................................................................... .............................12 ATTACHMENTS B. SOURCING STRATEGY ................................................................. .............................14 C. CITY STANDARD INSURANCE REQUIREMENTS ................... .............................15 D. CHANGE ORDER PROCESS. w .....16 Imp '11 � The purpose of this policy is to establish and describe the basic procurement philosophy and processes under which the City of Schertz ( "the City ") operates. This established procurement framework provides for the planned and consistent approach of cost - effectively obtaining the necessary goods and services required to operate City departments in order to maintain service at appropriate levels. Additionally, the policy outlines the consistent and ethical processes and procedures that will demonstrate the City's commitment to procuring goods and services in a fair, transparent, effective and legally compliant manner. The processes used to procure goods and services should always provide the best value (price and quality) for the City, while providing an open and fair process for vendors. This policy will apply to all procurements funded by the City of Schertz, bond funds, and other funds unless specifically exempted by applicable law or by City policy. The exceptions are limited to items listed in Section 7, as well as certain professional services, real property, and leases that, because of their nature, are not conducive to normal purchasing routine. These procurements shall be made under the direction of the City Manager or designee. This policy is effective immediately upon issuance, and supersedes all previous purchasing policy instructions or directives. 2. ROLE OF THE PURCHASING DEPARTMENT The Purchasing Department is charged with the overall responsibility for issuing solicitations and negotiating with sources on matters relating to price, delivery, vendor selection and execution of contracts in accordance with the City Policy, State of Texas Statutes, and applicable Federal government requirements. The Purchasing Department will provide the initial contact point for directors, managers, staff, suppliers, consultants, and the public interested in information on the City's activities. It will oversee and supervise the issuance, receipt, and opening of all offers and proposals that are submitted relative to the purchase of equipment, materials, supplies, and surplus disposal. The Purchasing Department shall maintain purchase history information files, as well as documentation of all transactions. The Purchasing Department will participate in negotiations, where appropriate, with user departments, project managers, consultants or contractors relative to specifications and contractual responsibilities. This will facilitate the thorough understanding and preparation of specifications or contract terms and conditions. The Purchasing Department will participate with user departments in establishing clear, concise, nonrestrictive specifications and instructions to be utilized in procurement. City consultants and/or project managers, when conducting the "request for quote" or bid processes, shall coordinate with the Purchasing Department for all approvals to bid, advertisements and bid opening dates, as well as resulting purchase orders or contracts. The Purchasing Department shall promote and maintain good vendor, inter- departmental and community relationships. 3 Imp 3. PROCUREMENT STANDARDS a. Ethics: The City shall maintain the best possible relationship with all vendors. The goodwill of sources and the reputation of the City will be promoted by: i. .Keeping competition fair and open. ii. Maintaining consistent procurement policies and principles. iii. Observing strict truthfulness in all transactions and correspondence. iv. Respecting the confidence of sales personnel and their companies as to confidential or proprietary information, as well as being scrupulous about maintaining the highest level of business ethics when dealing with sources and City departments. b. Conflicts of Interest: i. Affiliates (e.g., business concerns, organizations or individuals) and employees of the City are prohibited from submitting offers for or participating in any contract for City purchases from which they would financially benefit, directly or indirectly. No affiliate or employee of the City shall seek to influence in any manner the award of a contract or purchase of a product or service from any vendor. Affiliates and employees must immediately disclose to the City of any silent partnership, proprietorship, employment, relationship or other involvement in a prospective contract or procurement. ii. Acceptance of gifts by employees from sources or potential sources at any time is strictly prohibited, except for that which would be defined as de minimus by the Internal Revenue Service (IRS). Employees must not accept any gifts that create an obligation to any source and shall not conclude any transaction from which they benefit, directly or indirectly. City employees are not to participate in any type of extravagant entertainment with a supplier, customer, consultant, or contractor. These restrictions do not include entertainment such as business meals, company sponsored dinners, etc., which are customary and proper under the circumstances, as long as they are consistent with good business ethics and do not place the recipient under an obligation of any kind. Employees may not solicit or accept gratuities such as any type of compensation, contribution, emolument, offer of employment, loan, reward, rebate, gift, money, lodging, service, or "other thing of value," except as specifically outlined in this section. iii. Employees who do not comply with this policy may be subject to disciplinary action in accordance with the City's Discipline policy. M Imp c. Purchasing Department Personnel: When potential conflict with an existing procurement regulation is suspected, or legal assistance is advisable, it is the responsibility of the Purchasing Department to notify the Department, Project Manager, Assistant City Manager, and /or City Manager. d. City Employees: All City employees are required to file a City of Schertz Conflict of Interest Form with the Purchasing Department if any family member is conducting, will conduct, or plans to conduct business with the City of Schertz. The form will be filled out annually (once a year) and filed with the Purchasing Department no later than October 1 of each year in which the family member begins discussions, correspondence, negotiations, submits an application or responds to a bid or proposal. e. Contractors: A person or business, and their agents, who contract with the City or who seek to contract with the City are required by Texas Local Government Code, Chapter 176, to file a conflicts disclosure questionnaire (Form CIQ) created by the Texas Ethics Commission which is available online at www.ethics.state.tx.us. The form must be filed with the City no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the city. Such person and businesses, and their agents, must also file an updated questionnaire not later than September 1 of each year in which the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the City and within seven (7) days after the date of an event that would make a filed questionnaire incomplete or inaccurate. An updated, complete questionnaire is not required if the person or business filed a questionnaire or updated questionnaire after June 1 but before September 1. Effective January 1, 2016, pursuant to House Bill 1.295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1.295 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. L Elected and Appointed Officials: Elected and appointed officials are required to file with the Purchasing Department the state - mandated Conflicts Disclosure Statement as enumerated below: i. Officers of the City and its boards and commissions (including the Economic Development Corporation) must file a "conflicts disclosure statement" (Form CIS) with the Purchasing Department within seven days of becoming aware of: 1. The officer or a family member of the officer has an employment or business relationship that results in taxable income with a person who 5 Imp has executed a contract with the City or with whom the City is considering doing business; or 2. The officer or a family member of the officer has accepted one or more gifts (other than food, lodging, transportation, or entertainment) with an aggregate value of $250 in the preceding 12 months from a person who has executed a contract with the City or who is being considered for business with the City. 3. A family member is defined as a person related to another person within the first degree by consanguinity (blood) or affinity (marriage) which includes a spouse, father, mother, son, daughter, father -in -law, mother - in -law, etc. 4. The conflicts disclosure statement (Form CIS) has been created by the Texas Ethics Commission and is available online at www.ethics.state.tx.us. Failure to disclose information is a Class C misdemeanor punishable by a fine not to exceed $500. 4. PROCUREMENT AUTHORITY The City Manager or one of the City Manager's Designees has authority to approve procurements in the amount of $49,999.99 or less provided these expenditures are part of the City's budget and do not require a budget transfer. Contracts for the purchase of goods and services involving an expenditure in excess of $50,000 require the approval of the City Council, whether or not the purchase has been obtained through a competitive bidding or RFP procedure. Council will approve all contract awards or reject all bids, if a contract will not be awarded following a formal solicitation. All purchases greater than $50,000.00 (either singly or cumulatively) with one vendor in a fiscal year must be approved by City Council. 5. PURCHASING THRESHOLDS a. Purchases Less Than $1,000 Department head or designee may exercise discretion regarding the procurement of goods or services less than $1,000. Competitive quotations, formal bidding or a bid tabulation sheet are not required, but competition is recommended. The Department Head or designee must initiate and approve the purchase order prior to actual purchase, unless the purchase is being made in accordance with the approved Credit Card Policy or when making the purchase from a vendor with an approved City Account as referenced in Addendum A of the Credit Card Policy. b. Purchases Greater Than $1,000 But Less Than $25,000 User departments are responsible for obtaining a minimum of three informal telephone, email, fax or online quotes for goods or services when the total estimated 0 Imp cost is within the $1,000 to $24,999.99 range with exceptions as authorized by this policy. The quotes must be documented on a bid tabulation sheet and filed with purchase order documentation. Procurement of services in an amount less than $25,000 will generally be accomplished with a Purchase Order (PO). For all purchases greater than $1,000 but less than $25,000, staff must obtain quotes from at least two (2) Historically Underutilized Businesses (HUB) located in Guadalupe County on a rotating basis. If a HUB cannot be identified, the City is exempt from this requirement. For professional or personal services involving an anticipated fee of $1,000 to $49,999.99, the Purchasing Department will prepare a professional services contract. c. Purchases Greater Than $24,999.99 But Less Than $50,000 User departments are responsible for obtaining a minimum of three informal written quotes for goods or services when the total estimated cost is within the $25,000 to $49,999.99 range with exceptions as authorized by this policy. The quotes must be documented on a bid tabulation sheet and filed with purchase order documentation. Procurement of services in an amount greater than $25,000 will require a written . contract prepared by the Purchasing Department. For all purchases greater than $24,999.99 but less than $50,000, staff must obtain quotes from at least two (2) Historically Underutilized Businesses (HUB) located in Guadalupe County on a rotating basis. If a HUB cannot be identified, the City is exempt from this requirement. For professional or personal services involving an anticipated fee of $1,000 to $49,999.99, the Purchasing Department will prepare a professional services contract. d. Purchases Greater Than $50,000 The Texas Local Government Code requires either competitive bidding or competitive Requests for Proposals ( "RFP ") for City purchases exceeding $50,000.00 with few exceptions. City employees are prohibited from making "separate, sequential, or component purchases to avoid the competitive bidding requirements ". A violation of these prohibitions is a Class B misdemeanor ($1,000 fine and /or 180 days in jail), and conviction resulting in immediate removal from office or employment and ineligibility for other public office or employment for four (4) years after the date of conviction. Departments shall consult with the Purchasing Department on the proper procurement process to obtain goods and services greater than $50,000. 7 Imp Detailed specifications and statements of work (SOW) will be developed by the Department, in consultation with the Purchasing Department. The Purchasing Department will coordinate all formal solicitations, in accordance with State of Texas and local statutes. Component orders or contracts, each less than $50,000, but which in the aggregate exceed that amount, and which reasonably should be included in the one order or contract shall not be used to avoid the prohibition of Statutes. All purchases greater than $50,000.00 (either singly or cumulatively) with one vendor in a fiscal year must be approved by City Council. What this means: If one or multiple departments are purchasing from the same vendor and the sum of all purchases will exceed $50,000 in one fiscal year, Council approval is required. Plan ahead and anticipate expenditures as best as possible. When departments know that they will be making numerous purchases over the course of the fiscal year with one vendor, they should prepare a Council agenda item to get authorization for a Not -To- Exceed (NTE) amount with that vendor. Contact Purchasing for assistance with this process. HIGH TECHNOLOGY PURCHASES: "High technology item" means a service, equipment, or good of a highly technical nature, including: a. data processing equipment and software and firmware used in conjunction with data processing equipment; b. telecommunications, radio, and microwave systems; c. electronic distributed control systems, including building energy management systems; and d. technical services related to those items. High technology purchases will be accomplished using a RFP process where the anticipated expense is in excess of $50,000.00. The Texas Local Government Code requires that the relative importance of price and other evaluation factors be specified in the RFP. All RFP's will be prepared in cooperation with the User Department, Information Technology and the Purchasing Department. PROFESSIONAL SERVICES: "Professional. Services" are those services which . involve mental or intellectual skills, usually accompanied by formal certification or licensing by a state agency, such as accounting, architecture, land surveying, engineering, medicine, real estate appraisal services. Section 2254 of the Government Code prohibits the purchase of professional services using competitive bidding requirements. User departments will select professional service consultants on the basis of demonstrated competence and qualifications, and will negotiate fees on the basis of what is fair and reasonable for the type of services, rather than on a "low bid" basis. Except for architect, engineer and surveyor services as discussed below, both price and qualifications can be considered in selecting consultants. For the professional services listed above involving an anticipated expenditure of more than $50,000, user departments are encouraged to use a formal solicitation process in coordination with the Purchasing Department but it is not mandatory. Imp ARCHITECTS/ENGINEERS /SURVEYORS: Procurement of architectural, engineering or surveying services is two -step process. The first step involves the initial selection of the most highly qualified provider of the services based on demonstrated competence and qualifications (and not considering price); and the second step involves negotiation of a fee with the selected provider at a fair and reasonable price. If a contract cannot be successfully negotiated with the most highly qualified provider of services, then the contract negotiations will be formally ended and negotiations with the second most qualified provider may be undertaken, and so forth. It is important to keep in mind that price may not be considered in the initial selection of an engineer, architect or surveyor. CONTRACT AMENDMENTS: All contract amendments will be approved by the City Council if the contract was originally approved by the City Council, or if amendment amount will take the total contract value above $50,000. ALTERNATIVE PROJECT DELIVERY METHODS FOR CONSTRUCTION PROJECTS: The alternatives to the basic competitive bidding model of construction procurement are best -value competitive bidding, competitive sealed proposals, design - build, construction management- agent, construction management at -risk, and job order contracting. Alternative project delivery methods, as defined in the Local Government Code, Chapter 271, Subchapter H, may be used as applicable. 6. EXEMPT PURCHASING FUNCTIONS State law provides few exemptions from competitive bidding requirements. The City encourages the use of making certain exempt purchases using an RFP procedure even though such a procedure may not be required under state law. a. Emergency Purchases: Emergency purchases are those procurements necessary due to public calamity, to act at once to relieve the hardship of the citizens or to preserve the property of the City, to preserve or protect the public health or safety of the citizens, or when it is due to unforeseen damage to public property, machinery, or equipment. When emergency procurement of materials or services is required, the Department Head will consult with the Purchasing Department and obtain approval from the Assistant City Manager prior to any procurement action. ii. If an Assistant City Manager is not available, the Department Head will obtain only those materials or services absolutely critical to restore or re- establish essential City services. The Department Head must advise the Purchasing Department and the Assistant City Manager of these actions as soon as possible. 0 Imp iii. With approval by the City Manager or one of the City Manager's Designees, specific procurements ($50,000 or more) may be outside the sealed bid process in the event of an emergency. The Purchasing Department must be notified of the emergency situation as soon as possible. iv. Staff will seek and obtain approval of the City Council for emergency procurements in excess of $50,000 as soon as possible. V. In the event of a declared local state of disaster or public health emergency, as authorized by City of Schertz Charter and Ordinance No. 00 -M -36, please refer to the disaster purchasing policies included in the City's Emergency Management Plan, Annex M. — Resource Management. b. Sole Source Purchases: State laws allow for a limited exemption from competitive bidding for the purchase of goods where the functional requirements of the City can be satisfied by only one source. This applies to purchases where competition is precluded such as: The existence of patents, copyrights, secret processes or natural monopolies; ii. The purchase of films, manuscripts or books; purchases of gas, water, and other utility services; and iii. The purchase of captive replacement parts or components for equipment. A product is eligible for sole source purchase only when there is a significant functional difference between the product and other similar products on the market, and when the item is available only from one vendor. The following are not sufficient justifications for a sole source purchase: A product is made by only one manufacturer, if products from other manufacturers are available that perform a similar function. ii. A particular name brand of product is preferred over other brands. iii. Only one local vendor offers a product, if other vendors who offer the product can meet the City's needs. All requests for sole source purchase must be coordinated through the Purchasing Department prior to any procurement action. c. Cooperative Purchasing: The City may enter into cooperative buying agreements with other local government agencies in accordance with the State of Texas Interlocal Cooperation 10 Imp Act of 1971. Use of co -ops should be coordinated through the Purchasing Department. When co -ops are used, bids are not required. However, employees are expected to use due diligence to ensure best value for the City. Cursory checks should be completed to ensure that cooperative pricing is competitive and in line with market value. An approved purchase order is required before any purchase can be finalized. 7. EQUIPMENT AND VEHICLE PURCHASES a. All rolling capital equipment and vehicle specifications will be reviewed by the Fleet Department prior to bidding and/or purchase approval. b. Vehicle purchase, receipt and outfitting must be processed through Fleet and the Purchasing Department to ensure proper operation, registration, vehicle markings, and insurance requirements are met. This applies to all vehicles regardless of which Department or funding source made the purchase. c. Fleet will not release the vehicle until all requirements are met. 8. PETTY CASH PURCHASES: a. Petty cash may be used for emergency acquisition of supplies and /or services when the vendor will not accept a purchase order or procurement card. It is also used for attendance at luncheons, meetings, etc., where "cash only" is the normal method of payment. b. No item purchased with petty cash funds may exceed $1.00. c. All petty cash purchases must be supported with a receipt and written justification for the purchase. d. Individuals authorized to maintain petty cash accounts can get their accounts replenished by submitting a Purchase Order and attaching all relevant receipts as back -up to the Finance Department. 9. SPECIAL PROCEDURES FOR PUBLIC SAFETY SPECIFIC ITEMS: a. Any items that require special licensing to order, including but not limited to such items as medical supplies, medicines, firearms and ammunition, chemicals, etc., will be ordered by an authorized individual in the department. b. The person who holds a valid license to make such purchases must still coordinate with the Purchasing Department to ensure the best source of procurement. c. After the Purchasing Department has determined the best source of procurement, the license holder will prepare the appropriate purchase order, in accordance with this policy. Imp 10. INSURANCE REQUIREMENTS: The City may require certain insurance coverage to be provided by contractors, vendors and consultants. In general, if a service is being provided on City property, proof of insurance is required. Specific insurance requirements are incorporated into bid documents and specifications for each bid, proposal, or "request for purchase." Insurance requirements are reviewed periodically to determine the appropriateness of coverage and values. 11. FIXED ASSETS The City is responsible for keeping records of all of its fixed assets. All new assets which have an original cost of $5,000 or more and an estimated life span of greater than one (1) year are fixed assets and will be added to the fixed assets records. All duties and responsibilities related to fixed assets inventory records are supervised by the Purchasing Department. Cooperation from department directors and division managers throughout the City is necessary if the system is to work; however, this effort is centrally organized, monitored, and reported by the Purchasing Department staff. 12. SURPLUS Individual Departments must contact the Purchasing Department for assistance with asset disposal. Surplus items will only be accepted with the proper forms and with advance notice and approval by the Purchasing Department. The :Purchasing Department will determine if an item is surplus or salvage property. 13. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS For purchases of $50,000 and over, where competitive sealed bids are used, a bid received from a bidder whose principal place of business is located within the City limits may be approved if the bid is within 3% of the lowest bid price received from a bidder outside the City limits, provided that said bid meets all qualifications and specifications and provides the best value to the City. 12 ,Under $1. 000 Beft,een,$1,000 and $24,999-99 $50,000 or Xfore Construction, Remodel Work & Bond Projects COMMUNITY SERVICE OPPOFITUNITY ATTACHMENT A Is it Budgeted': Is it Budgeted? Is it Budgeted? Contact Purchasing for Assistance 13 Requires City Council Approval May Require City Council Approval All Items Ch,-er $5.000 Must Be Added to Fixed complete Contract Approval Form if required complete Contract Approval Form if required Complete Contract Approval Form if required Head & Exec Dir Approve PO- Place Order wiVendor PW Head & Exec Di Approve PO- Place Order v.,.? Vendor Imp ATTACHMENT B Sourcing Strategy Identifying a need properly is important; however, determining how best to meet that need is of equal importance. Needs can be met by a multitude of sources. These basic classifications are: o Insourcing: process of completing a business function in- house. o Outsourcing: process of contracting out a business function to an external entity. o Multi- sourcing: a strategy that distributes a function such as IT or Finance, as a portfolio of activities, some of which are performed internally and some of which are external. In order to determine if a service should be insourced, outsourced, or multi- sourced, the following criteria should be considered: o Efficiency of cost vs value; o Effectiveness in meeting the need; o Expertise needed to solve the problem; o Workload timing of insourced staff availability; o Workload volume of insourced staff to continue to provide service; o Scalability of the solution to adjust to demand; and o Mandated compliance requirements. A Case for Insourcing: There are several sources of solutions for needs that are not currently met by the City. Some may be derived internally. For a short-term need such as a storm damage cleanup of fallen trees, this can be accomplished by one of two means, temporary reassignment of staff or increase in the hours worked. Both have costs to the City; however, the short-term nature of the need does not require an extended cost commitment on departments if personnel and equipment resources are available. Long -term needs, however, may require a different approach. A Case for Outsourcing: For example, instead of storm damage cleanup of trees, City properties may have suffered a blight such as oak wilt. The mitigation would require extended specialized and technical capability to handle such a situation. In this case, the time committed to such a project might stretch in -house resources beyond the ability to effectively combat the issue. The City may hire additional staff to confront the issue however, after the issue is resolved, additional staff would require a long -term commitment of financial and administrative resources. This need could effectively be outsourced to a firm with the specialized technical skills and equipment to quickly and professional mitigate the issue. After the project is complete, the expenditure commitment is ended. Contact the Purchasing Department for assistance with sourcing. 14 Imp ATTACHMENT C Standard Insurance Requirements Worker's Compensation* Statutory Employer's Liability $ 1,000,000 /$1,000,000 /$1,000,000 Commercial General (Public) Liability For Bodily Injury and Property Damage of insurance to include coverage for the following: $1,000,000 per occurrence. a. Premises Operations $2,000,000 General Aggregate, or its equivalent b. Independent Contractors ** in Umbrella or Excess Liability Coverage c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability Combined Single Limit for Bodily Injury and a. Owned /Leased Vehicles property Damage of $1,000,000 per occurrence b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable All insurance policies are to contain or be endorsed to contain the following required provisions: - The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability (not applicable to workers' compensation and professional liability policies); - A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies; - All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of otherinsurance. - All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 15 Ott # }rtsi$ it f r{ ar3 7 t i tfir i t F} ti{ ti }+ ff,t ;� i 4 t? t Y y7t t {# {# 71 7 tit, t t tt tt aiyi$j tf it zt 1 t i� yty i(t tY tY: ti : "t }3t �i fr l)c f {t r i j{i f tJ tt t fi7 ttit yt7 i tyif? S 7 i t {; f try Julie Purchasing and Asset Manager Purchasino and Asset Management Department #t } { Sy{ (f f { } Y Y y OR kfitt rg rf ij ti ii ty{ 7. 7 t f tit kt i t a ty tit a t y,4 tY i` tt f 1 3 # �i { 4 f ti rtt t Ei Ott # }rtsi$ it f r{ ar3 7 t i tfir i t F} ti{ ti }+ ff,t ;� i 4 t? t Y y7t t {# {# 71 7 tit, t t tt tt aiyi$j tf it zt 1 t i� yty i(t tY tY: ti : "t }3t �i fr l)c f {t r i j{i f tJ tt t fi7 ttit yt7 i tyif? S 7 i t {; f try Julie Purchasing and Asset Manager Purchasino and Asset Management Department } { Sy{ (f f { } Y Y y OR kfitt Sift{ rf ij ti ii ty{ y Ott # }rtsi$ it f r{ ar3 7 t i tfir i t F} ti{ ti }+ ff,t ;� i 4 t? t Y y7t t {# {# 71 7 tit, t t tt tt aiyi$j tf it zt 1 t i� yty i(t tY tY: ti : "t }3t �i fr l)c f {t r i j{i f tJ tt t fi7 ttit yt7 i tyif? S 7 i t {; f try Julie Purchasing and Asset Manager Purchasino and Asset Management Department . ... .. .. . mml "I Purpose and Mission Governing Law Questions and Answers 1 ti 1, P"",k Jf Department Length of Time with City Something unique about you