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05-12-2020 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 12, 2020 SCHERTZ, TEXAS 78154 Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Dahle) 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 who choose to watch the meeting visa live streana, but who would like to participate in Residents to be .Heard, should email their coca meats to City Secretary, BrendaDennis, at b en is €r„schertz.com by :001... can Monday, May 11, 2020, SO THAT THE CITY SECRETAR Y MA Y READ THE PUBLIC COMMENTS INTO THE RECORD UNDER THE HEARING OF RESIDENTS. In the body o "the email please include your name, your address, phone number, agenda nerve ## i `o lalicable or sux ject of'discussion, and your comments. May 12, 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 existingpolicy 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: j. Minutes — Consideration and/or action regarding the approval of the minutes of the meeting of May 5, 2020. (B. Dennis) 2 Resolution No. 20 -R -47 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a Schertz Main Street Local Flavor Economic Development Grant for 409 Main Street (Thirsty Joe's) and related matters in connection therewith. (B. James) Discussion and Action Items 3 Resolution 20 -R -50 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz authorizing the City Manager to enter into a Design -Build Agreement with F.A. Nunnelly for the Building 27 "Fleet Facility" Renovation Project. (C. Kelm/C. Hernandez /J. Gohlke) Roll Call Vote Confirmation Workshop 4. Workshop Discussion regarding City Purchasing Policy - Discussion regarding proposed changes to the City Purchasing Policy. Q. Kurz /J. Gohlke) 5. Workshop Discussion and Update (Ordinance 20 -11-15) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -15 Declaration of Local Disaster. (M. Browne /K. Kong) May 12, 2020 City Council Agenda Page 2 Workshop Discussion regarding the Staffing Study - Presentation of Staffing Study Report (M. Browne /C. Kelm/J. Kurz) 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 Information available in City Council Packets - NO DISCUSSION TO OCCUR 2019 EMS Annual Report. (J. Mabbitt) Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 8th DAY OF MAY 2020 AT 2:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 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: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may May 12, 2020 City Council Agenda Page 3 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 Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - May 12, 2020 City Council Agenda Page 4 Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Larson — Place 3 Councilmember Dahle — Place 4 Main Street Committee — Vice Chair Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions TIRZ II Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Audit Committee ;Main Street Committee Investment Advisory Committee Schertz- Seguin Local Government Corporation - Schertz Animal Services Advisory Alternate Commission May 12, 2020 City Council Agenda Page 4 ei 10UM City Council May 12, 2020 Meeting: Agenda No. 1. Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of May 5, 2020. (B. Dennis) The City Council held a Regular City Council meeting on May 5, 2020. RECOMMENDATION Recommend Approval. Attachments 05 -05 -2020 Draft minutes DRAFT MINUTES REGULAR MEETING May 5, 2020 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 5, 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 Allison Heyward; Councilmember Tim Brown City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff. Assistant City Manager Charles Kelm; City Attorney Clarissa Rodriguez; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary Gayle Wilkinson Call to Order — City Council Regular Session Mayor Gutierrez called the regular 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. (Mayor Gutierrez) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) Assistant City Manager Brian James made the following announcements: • Wednesday, May 6th our contractor is going to be doing some concrete removal and replacement on the Schertz Parkway overlay area causing some short localized single lane closures beginning on Beck Street to Exchange and working their way to Live Oak Rd. • Wednesday, May 6th the Lone Oak Subdivision chip seal project will begin. A map of the area affected will be available on our website at schertz.com under engineering, the capital improvements projects. • Thursday, May 7th the Greenfield Village chip seal will begin. A map of the area affected will be available on our website at schertz.com under engineering, the capital improvements projects. • Announcements and recognitions by the City Manager (M. Browne) None at this time. • Announcements and recognitions by the Mayor (R. Gutierrez) None at this time. 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. None at this time. 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: N 1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of April 28, 2020. (B. Dennis) 2. 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 201.9 -2020 Reserves for $250,025.00; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (C. Kelm /S. Williams /D. Letbetter) 3. Ordinance No. 20 -S -12 - Consider and /or 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. Final Reading (B. James /L. Wood/N. Koplyay) Moved by Councilmember Michael Dahle, seconded by Councilmember David Scagliola to approve consent agenda items 1 -3. AYE: Mayor Pro -Tem Mark Davis, Councilmember Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Mayor Gutierrez recognized Councilmember Tim Brown who stated he had been asked how the Consent agenda items work. He stated that Council received their packets on Friday before the Tuesday Council Meeting and these packets are also available to the public via our website. Councilmember Brown clarified Council has all weekend to review the agenda packet so when we come to Council we are not just blindly listening to the Mayor read something and approving it. Workshop 4. Workshop Discussion and Update (Ordinance 20 -H -15) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -15 Declaration of Local Disaster. (M. Browne /K. Kong) Mayor Gutierrez recognized Fire Chief Kade Long who provided a PowerPoint and updated Council on the EOC team activities, reopened services in Schertz, and City services. Fire Chief Kade Long recognized Assistant City Manager Charles Kelm who spoke about enforcement during this pandemic. He began by thanking our Code Enforcement officers and Police officers for running a 3 very proactive campaign in educating and working with our business owners and residents. Assistant City Manager Charles Kelm also updated Council on our cleaning contract during this pandemic. Fire Chief Kade Long continued with his PowerPoint showing the new updates and clarifications on businesses able to open on Friday, May 8th and spoke about the projected openings on May 18th. Fire Chief Kade Long and Assistant City Manager Charles Kelm addressed questions from Council. Mayor Gutierrez thanked the Texas National Guard for facilitating testing this past Monday in Schertz. He also stated the City of Schertz is determined to reopen commerce and to get employers and employees back to work. He thanked staff for getting information needed out and providing guidance on directives given. Roil Call Vote Confirmation Mayor Gutierrez recognized Deputy City Secretary Gayle Wilkinson who provided the roll call count confirmation for agenda items 1 -3. Information available in City Council Packets - NO DISCUSSION TO OCCUR Mayor Gutierrez reminded Council about the informational items that are in their packet, he also stated that the information can be found on -line. 5. Monthly update on major projects in progress /CIP. (B. James /K. Woodlee) 6. SEDC COVID -19 Response. (M. Browne /A. Perez) Requests and Announcements • Announcements by the City Manager. None at this time. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. None at this time. • 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 11 • Recognition of actions by community volunteers Councilmember Rosemary Scott recognized Parks Director Lauren Shrum for her quick response to a complaint referencing a trashcan issue in Crescent Park. Councilmember David Scagliola asked for clarification on the signage (specifically digital signage) being used during the chip seal projects in Lone Oak and Greenfield Village. Assistant City Manager Brian James addressed his question and said he would get an answer on the use of digital signs during the chip seal projects. Mayor Gutierrez addressed Mothers: " We are celebrating an amazing day this Sunday - Mother's Day. Mom's, we cannot thank you enough for what you have done for us. You were always there when we needed you, providing us advise, guidance, and support. No other gift in the world can be more special than the gift of motherhood. Happy Mother's Day." Adjournment As there was no further business, Mayor Gutierrez adjourned the meeting at 6:40 p.m. Ralph Gutierrez, Mayor ATTEST: Gayle Wilkinson, Deputy City Secretary ei 10um City Council May 12, 2020 Meeting: Department: Executive Team Agenda No. 2. Subject: Resolution No. 20 -R -47 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a Schertz Main Street Local Flavor Economic Development Grant for 409 Main Street (Thirsty Joe's) and related matters in connection therewith. (B. James) BACKGROUND The owner of the property at 409 Main, which is the location of Thirsty Joe's has applied for a Schertz Main Street Local Flavor Economic Development Grant. This is the first application for this location. The owner is proposing to do electrical work for the building and HVAC work. This falls under the Systems category and is eligible for up to $15,000 in matching funds. The estimated cost of the work is $33,600. the owner is also planning to do work on the roof which falls under the Facade Improvement category and is eligible for up to $5,000 in matching grant funds. The estimated cost of the work is $9,000 so the 50% match would be $4,500. The total match for both categories is $19,500, below the $20,000 annual cap. GOAL Promote and enhance commercial activity along Main Street to promote the economic, cultural, and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through the inducement of public money to promote local economic development and stimulate business and commercial activities in the City. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street. Promote commercial development. Stabilize and improve property values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support to local businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 20 -R -347 approving a Schertz Main Street Local Flavor Economic Development Grant for up to $19,500 subject to the applicant entering into the incentive agreement. FISCAL IMPACT Up to $19,500 for this grant. Staff has seen an increase in local flavor grants this fiscal year. This is the eight grant this year. The Local Flavor Grant is funded via the general fund and staff has been using the contingency line item to fund these. Applicants have up to one year to complete the work and apply for reimbursement. If necessary, due to the timing of the reimbursement requests, staff may seek approval of a budget adjustment late this year to pull funds from excess reserves to cover some of these grants. 1- 9[VJu i►I 1140 MV4 9 [117041 Approval of Resolution 20 -R -47 Attachments Res 20 R 47 LF 409 Main 409 Main LF agreement RESOLUTION NO. 20 -R -47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 409 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant request for 409 Main Street for up to $19,500; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local Flavor Economic Development Grant request for 409 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in 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 12th day of May, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) Exhibit A i i 1 i' i' i i i.; .. i►. FUNDS between FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND Joe, Frances and Jolean Hupita ,FOR EXPENDITURE OF LOCAL FLAVOR GRANT and of Schertz, Texas (CITY) i Joe Frances and Jolean WHEREAS, the ENTITY has developed a proposal to r i i i i f ♦ electrical and HVAC and roof work i f ♦ s ill . a MITI I IIIINII 11 111 i 11111 hN ♦ " 111MMITI restoration WHEREAS, the City seeks to improve the image of the area around Main Street through ♦ rehabilitation of i! social, WHEREAS, the City Council of the City of Schertz desires to provide funds to Joe, Frances and Jolean Huerta (ENTITY). 11 11"1 � � � 11 � i 11 1111 � � lrllii I � i � �� 1 11 rli� irli �� iii • i# §, - I by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S ftinding application, and the attached Exhibit "A". Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of ftinding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. The AGREEMENT shall terminate one year from its effective date or once the to have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the d I and all claims lawsuits ments i cause of action Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person • mailed as follows: [T• f- WI—WA M City of Schertz Anendtn- C4tyl4ainiager 1400 Schertz Parkway Schertz, TX 78154 (210) 619-1000 To Joe, Frances and Jolean Huerta at: Attention: Joe Huerta 409 Main Schertz, Texas 78154 lawlsJUNWOR Section 11. Entire Agreement, This AGREEMENT constitutes the entire agreement of the [!,arties regarding the subject matter contained herein. The parties may not modify • amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non-Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out-of-pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self-insurance on its letterhead indicating its self-insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be home solely by the ENTITY. IN WITNESS HEREOF, the CITY and ENTITY make and execute t AGREEMENT to be effective this ----day of 2020. 1 City Manager Melvibli (Joe Huerta) F."WoVISS M519=1 (Frances Huerta) (Jolean Huea) (Title) mmcrsl� Thirsty Joe's Tavern 2+± Main St Schertz, Tx 78154 /21$ \390.1 461 would like to 2±422-°: LF Grant for the following Per recommendations: two 252#2 *« Units at » cost «\$5800 each with V total of $11,600 »?i New oo at » ? #?t of $9000 «2±224?? # < ? # ? ?I +(±V <> ? +?t » ?§ 2#f —E W.2 ME= Agenda No. 3. ei Olum City Council May 12, 2020 Meeting: Department: Purchasing & Asset Management Subject: Resolution 20 -R -50 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz authorizing the City Manager to enter into a Design -Build Agreement with F.A. Nunnelly for the Building 27 "Fleet Facility" Renovation Project. (C. Kelm /C. Hernandez /J. Gohlke) BACKGROUND The City of Schertz has an existing 14,850 SF building (Building 27 - Commercial Place), that was earmarked to be renovated into a state of the art Fleet Maintenance Building. The renovations to the building include creation of office spaces, fleet shop area, exterior drainage and flat work. An RFQ ( "Request for Qualifications ") was done to secure a Design -Build firm that would handle a turnkey approach to the renovations from Design, to construction. SERVICES REQUESTED included: 1. Analysis and assessment of Owner's facilities to determine deficiencies and needs 2. Development of project proposal(s) for Owner's consideration 3. Design and Engineering of approved projects 4. Installation / implementation of the approved projects 5. Commissioning of the installed systems Five (5) responses were received to the RFQ. City entered into negotiations with the highest ranked vendor. However after multiple weeks of negotiations City was not able to reach an agreement for a fee schedule that City was comfortable with based on the knowledge and expertise of City, Owner's Rep Firm, and Scope of Work. Negotiations were then taken up with the second ranked vendor, which is being recommended for award. GOAL Enter into a Design -Build agreement with FA Nunnelly to for the design and renovation of Building 27 located in Commercial Place into a State of the Art Fleet Maintenance Building. COMMUNITY BENEFIT Having a dedicated fleet maintenance building allows the City to effectively and efficiently maintain, service, and repair the City's Fleet Vehicles. Having this space will reduce the amount of money spent on third -party repairs such as dealerships and will increase the overall life expectancy of the City's Fleet. NO 104 F.111 1 Staff recommends Council approve Resolution 20 -R -50. FISCAL IMPACT The overall budget for this project is $1.5 million dollars and funding for the project was earmarked in a Facilities Improvement Bond. RECOMMENDATION Staff recommends Council approve Resolution 20 -R -50 Attachments Resolution 20 -R -50 Fee Schedule Fleet Building PPT Exhibit A with Fan Exeptions FAN Exceptions RESOLUTION NO. 20 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A DESIGN -BUILD AGREEMENT WITH F.A. NUNNELLY FOR THE FLEET MAINTENANCE BUILDING PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has identified the building at 27 Commercial Place for renovation for the Fleet Maintenance Building; and WHEREAS, City staff conducted a Request for Qualifications to identify firms with the capabilities to complete the project; and WHEREAS, City staff has identified F.A. Nunnelly as the firm that is both qualified and provides the best value to the City; and WHEREAS, City has dedicated Facilities Maintenance Improvement Bond funds for the completion of this project. 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 an Agreement with F.A. Nunnelly based on the Fee Schedule in 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 12th day of May, 2020 CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50664954.1 - 2 - FA NUNNELLY +.jr,:7 GENERAL CONTRACTOR FA 10E` . GENERAL CONTRACT di:t§ M Building Renovations = 0 mm Current Fleet Shop 10 Commercial Place r+ 5 c (16 "Ni Lj Shop a e 4¢ kia t4tt..w.A: ' Ire F � i. Apr r +t Ji r s t SrM. uvl _� h ,j 0 ee y -- , 8 it bP L�. Shop a e 4¢ kia t4tt..w.A: ' Ire F � i. Apr r +t Ji r s t SrM. uvl _� h ,j 0 ee y -- , 8 it bP L�. Award to FA Nunnley Pre - Construction /Design Cost 9 Funding Source — Existing Funds - Facility Maintenance Bond DRAFor AIAO Document , Exhibit A Design -Build Amendment This Amendment is incorporated into the accompanying AIA Document A141T` —2014, Standard Form of Agreement Between Owner and Design- Builder dated the o, �>, day of <t in the year i <, � (the "Agreement ") (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) THE OWNER: (Name, legal status and address) THE DESIGN- BUILDER: (Name, legal status and address) The Owner and Design- Builder hereby amend the Agreement as follows. TABLE OF ARTICLES A.1 CONTRACT SUM A.2 CONTRACT TIME A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 DESIGN - BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS A.5 COST OF THE WORK ARTICLE A.1 CONTRACT SUM § A.1.1 The Owner shall pay the Design - Builder the Contract Sum in current funds for the Design- Builder's performance of the Contract after the execution of this Amendment. The Contract Sum shall be one of the following and shall not include compensation the Owner paid the Design - Builder for Work performed prior to execution of this Amendment: (Check the appropriate box) [ o o ] Stipulated Sum, in accordance with Section A.1.2 below [ tt �:,>i ] Cost of the Work plus the Design - Builder's Fee, in accordance with Section A.1.3 below ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the o- riginal AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the.,author and should be reviewed.' This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modsfication. Consultation with an attorney is also encouraged with'respect to professional licensing requirements in the jurisdiction where the Project is located. ELECTRONIC COPYING of any portion of this AIA` Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A191m — 2019 Exhibit A. Copyright © 2009 and 2019 by The American Institute of Architects. All rights reserved. 'a�'AR14ING: This AIA.'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ,AIA" 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the laaw. This draft was produced by AIA software at 15:19:95 ET on 07/25/2019 under Order No.6029987659 which expires on 09/02/2020, and is not for resale. User Notes: (896881.1.06) [ o >� ] Cost of the Work plus the Design - Builder's Fee with a Guaranteed Maximum Price, in accordance with Section A.1.4 below (Based on the selection above, complete Section A.1.2, A.1.3 or A.1.4 below.) § A.1.2 Stipulated Sum § A.1.2.1 The Stipulated Sum shall be <c o ($ ( <, ), subject to authorized adjustments as provided in the Design - Build Documents. § A.1.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Design -Build Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the change in Stipulated Sum,for each and the deadline by which the alternate must be accepted.) § A.1.2.3 Unit prices, if any: (Identify item, state the unit price, and state any applicable quantity limitations) Item Units and Limitations Price per Unit § A.1.3 Cost of the Work Plus Design - Builder's Fee § A.1.3.1 The Cost of the Work is as defined in Article A.S, Cost of the Work. § A.1.3.2 The Design- Builder's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Design - Builder's Fee, and the method for adjustment to the Fee for changes in the Work.) § A.1.4 Cost of the Work Plus Design - Builder's Fee With a Guaranteed Maximum Price § A.1.4.1 The Cost of the Work is as defined in Article A.5, Cost of the Work. § A.1.4.2 The Design - Builder's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Design'- Builder's Fee and the method for adjustment to the Fee for changes in the Work.) § A.1.4.3 Guaranteed Maximum Price § A.1.4.3.1 The sum of the Cost of the Work and the Design - Builder's Fee is guaranteed by the Design - Builder not to exceed �< ($ tc ), subject to additions and deductions for changes in the Work as provided in the Design -Build Documents. Costs that would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design - Builder without reimbursement by the Owner. (Insert specific provisions if the Design - Builder is to participate in any savings.) § A.1.4.3.2 Itemized Statement of the Guaranteed Maximum Price Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade ea allowances, contingencies, alternates, the Design - Builder's Fee, and other items that comprise the Maximum Price. (Provide information below or reference an attachment.) AZA Document A141" - 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This Alpo Document, or any portion protected of it, may result N n severe civil and ocr minal. penalties, arc[ will be prey prosecuted to the distribution of this Alg xinumn extent possible 2 under the lawn. This draft was produced by AZA software at 1.5:19:48 PT on 07/25/2019 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (84688].].06) § A.1.4.3.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Design -Build Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of'this Amendment, attach a schedule of'such other alternates showing the change in the Cost of the Work and Guaranteed Maximum Price for each and the deadline by which the alternate must be accepted.) § A.1.4.3.4 Unit Prices, if any: (Identify item, state the unit price, and state any applicable quantity limitations) Item Units and Limitations § A.1.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: Unit § A.1.5 Payments § A.1.5.1 Progress Payments § A.1.5.1.1 Based upon Applications for Payment submitted to the Owner by the Design - Builder; the Owner shall make progress payments on account of the Contract Sum to the Design - Builder as provided below and elsewhere in the Design -Build Documents. § A.1.5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § A.1.5.1.3 Provided that an Application for Payment is received not later than the n th day of the month, the Owner shall make payment of the certified amount to the Design - Builder not later than the r 1,0 day of the )+�Iaine month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than days after the Owner receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § A.1.5.1.4 Payi- Raril rite_��tiouvaally Orni -tte(t § A.1.5.1.5 Kati he° , ata Su s : c,.:� - Stiun� 1 Sum the e a ntin cot for costs that_ar included in the Guaranteed Maximum Psi_cc zi'_ ly ba:at lot_ouhe_rwa e allocatedto another line item or included sn a_ <_:laa ng c_C�rdc r,_<ond t3 )_t9Re C ? ntrac toy' f cc_. AZA Document A141' - 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This Alpo Document is protected by U.B. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AAIA' Document, or any portion of it, may result in severe cavil and criminal, penalties, and will be prosecuted to the maximum extent possible under the lawn. This draft was produced by AZA software at 1.5:19:48 PT on 07/25/2019 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (84688].].06) § A.1.5.1.6 The schedule of vaILIC _shall bey -awed as_a baszs_fo revie vans ti� -c Ccir�tractor's_ Alrp aCatua�n _-or E° v111ent_;1n- IftI4ngr -a t10f- -1 --orr -the 14 es ai n 43 ui9c- r -, App- 1ieati¢ -ns {or- Paynaent74h< - -f-3 w na r hal1 -- -a ntiEled -to -rc ly-- eH -tlIe �ra��°y run�l �°€�rgy�k^ta•n: -��f- the- in€ eru��atia�n-€ �u�raish�° a1..: 1�y- thu;- l�u��ign- ~E'�ruild� -t-a :hal%t�utb�- cl�euru�;�l -ter- have- unad�_uu ee4a - _ 4 -4 n-,ite sp ;tio�ns -or a, 4 H i a l 1� L-%fi ft-,s t-i ie..... § A.1.5.1.7 aarin u-s -fen=- twat�riai� -��= e�laul}�t- tut- �vlrich- k��tve- ua�t- b€>et�- �lu;liv�tr- c1- au��S -:�tg ��1-at -the �it�- § A.1.5.2 Progress Payments — Stipulated Sum § A.1.5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § A.1.5.2.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of thc,Contract Sum allocated to that portion of the Work in the schedule of values;l tats pernt...- in- �i�puta�- �1�u1i -6�aa� hid- �u�d�rt>v- idc =n -S- turn - €�«� ��- ftre�. -tint; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or,-- &p)ve -d sn sale +auue by tpaa rva r suitably stored off the site at -a la atiaan agreed- utpau3n an �attt%ng }; -1 s: r•tainap .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract a n ao-nt , f any, tlu t3-Vvnea --h -wA t4W>4 -,,,* na 4W+etl, -a prt pis a d in c tton 5 01 4-he Agrcrnrutretanae § A.1.5.2.3 The progress payment amount determined in accordance with Section A.1.5.2.2 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.6 of the Agreement discusses release of applicable retainage upon Substantial Completion of Work.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Design - Builder, any additional amounts payable in accordance with Section 9.10.3 of the Agreement. § A.1.5.2.4 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections A. 1.5.2.2.1 and A. 1.5.2.2.2 above, and this is not explained elsewhere in the Design -Build Documents, insert provisions here for such reduction or limitation) § A.1.5.3 Progress Payments —Cost of the Work Plus a Fee § A.1.5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price, Applications for Payment shall show the Cost of the Work actually incurred by the Design - Builder through the end of the period covered by the Application for Payment and for which Design - Builder has made or intends to make actual payment prior to the next Application for Payment. AZA Document A141" - 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This "' Docunsmit is protected by U. . Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA" Doc 4 umaent, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced. by AZA software at 1.5:19:48 F.T on 07/25/201.9 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (84688].].06) § A.1.5.3.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Article A.5 of this Amendment; .2 Add the Design- Builder's Fee, is r�ru�gf rc�ent{ -° ). The Design - Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section A.1.5.3.2.1 at the rate stated in Section A.1.3.2; or if the Design- Builder's Fee is stated as a fixed sum in that Section, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in that Section bears to a reasonable estimate of the probable Cost of the Work upon its completion; anal .3 Suiaci��...o%�n& (°$ frO�lu�i�r o`th..�ricthatelign Bua1d ( �f 4..... Subtract thn ag '. o "' . ,aou, - ay fire rk) , ° ta6e ; ° nd p oti h ...qr Agr ntrc ba nauQ of § A.1.5.3.3 The Owner and Design - Builder shall agree upon (1) a mutually acceptable procedure for review and approval of payments to the Architect, Consultants, and Contractors and (2) the percentage of retainage held on agreements with the Architect, Consultants, and Contractors, and the Design - Builder shall execute agreements in accordance with those terms. § A.1.5.4 Progress Payments —Cost of the Work Plus a Fee with a Guaranteed Maximum Price § A.1.5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Design - Builder on account of that portion of the Work for which the Design - Builder has made or intends to make actual payment prior to the next Application for Paymet ( by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values, § A.1.5.4.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 1 inciud d l t�vicl d -i 379 --of Afr enaent: .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or 1€1prvt in a un -by h 3wna ; suitably stored off the site a -h aiku 'Tre- eAd - -upa) a .3 Add the Design - Builder's Fee, ia, ref ainak ��fe•e i. The Design - Builder's Fee shall be computed upon the Cost of the Work at the rate stated in Section A.1.4.2 or, if the Design- Builder's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work; upon its completion; .4 Subtract +ina1 of c pent (..t frotitiaa1 t1..: Ork that t.8eSi1Bu4dr pc , fonm's, - ° o€ -the aggregate of previous payments made by the Owner; and .6 Subtract the slaaatlail if wave iadi rte d by -tk lAeaan 13a�i1k is -tl a#crcr�€tieouirei by ..' , '0 § A.1.5.4.3 The Owner and Design - Builder shall agree upon (1) a mutually acceptable procedure for review and approval of payments to the Architect, Consultants, and Contractors and (2) the percentage of retainage held on AIA Document A141" - 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This MAY Document is protected by U.B. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA1, S Document, or any portion of it, may result in severe civil and criminal, penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AZA software at 1.5:19:48 PT on 07/25/2019 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (846881.1.06) agreements with the Architect, Consultants, and Contractors; and the Design- Builder shall execute agreements in accordance with those terms. § A.1.5.5 Final Payment § A.1.5.5.1 Final payment, constituting the entire unpaid balance of the Contract Sum and inclusive of'retainaiYe wit:hheltj, shall be made by the Owner to the Design - Builder not later than 30 days after the Design - Builder has fully performed the Contract and the requirements of Section 9.10 of the Agreement have been satisfied, except for the Design - Builder's responsibility to correct non - conforming Work discovered after final payment or to satisfy other requirements, if any, which extend beyond final payment. § A. 1. 5. 5. 21f- th€- �= o��trae�Sut�a- i�- lsa:�- on- tla�,- C -o:�t -cal p. tion 9 r e ., n artlr�te �tioa�aliy Omitted. ARTICLE A.2 CONTRACT TIME § A.2.1 Contract Time, as defined in the Agreement at Section 1.4.13, is the period of time, including authorized adjustments, for Substantial Completion of the Work. § A.2.2 The Design - Builder shall endeavor to achieve Substantial Completion of the Work not later than «, ( <c > ) days from the date of this Amendment, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of the Contract Time as provided in the Design -Build Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or, for bonus payments, for early completion of the Work.) ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on the § A.3.1.1 The Supplementary and other Conditions of the Contract: Document Title Date § A.3.1.2 The Specifications: (Either list the specifications here or refer to an exhibit attached to this Amendment.) Section Title Date § A.3.1.3 The Drawings: (Either list the drawings here or refer to an exhibit attached to this Amendment.) AZA Document A141" - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. Ptb'aip ZING: This Alk- Doc=ent is protected by U.B. Copyright Law and international. Treaties. Unauthorized reproduction or distribution of this AIA:' Document, or any ;portion of it, may result in severe rival and criminal penalties, and will be prosecuted to the maximum extent possible under the lawn. This draft was produced by AZA software at 1.5:19:48 FT on 07/25/201.9 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (846881106) Number Title Date § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner's and Design- Builder's roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Other identifying information: § A.3.1.5 Allowances and Contingencies: (Identify any agreed upon allowances and contingencies, including a statement of their 1 Allowances 01 r> .2 Contingencies >> § A.3.1.6 Design - Builder's assumptions and clarifications: § A.3.1=7 Deviations from the Owner's Criteria as adjusted by a Modification: § A.3.1.8 To the extent the Design- Builder shall be required to submit any additional Submittals to the Owner for review, indicate any such submissions below: ARTICLE A.4 DESIGN - BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS § A.4.1 The Design - Builder's key personnel are identified below: (Identify name, title and contact information.) .1 Superintendent .2 Project Manager 0 AZA Document A141`M — 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This A IA" Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AAIA "' 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the axinnun extent possible under the law. This draft was produced. by AZA software at 1.5:19:48 ET on 07/25/201.9 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (84688].].06) .3 Others 0> § A.4.2 The Design - Builder shall retain the following Consultants, Contractors and suppliers, identified below: (List name, discipline, address and other information) ARTICLE A.5 COST OF THE WORK § A.5.1 Cost To Be Reimbursed as Part of the Contract § A.5.1.1 Labor Costs § A.5.1.1.1 Wages of construction workers directly employed by the Design- Builder to perform the construction of the Work at the site or, wktiae %3nc�`i- apprvai, at off -site workshops. § A.5.1.1.2 or salaries of the Design- Builder's supervisory and administrative personnel when stationed at the site. (If it is intended that the wages or salaries of certain personnel stationed at the Design-Builder's principal or other offices shall be included in the Cost of the Work, identify below the personnel to be included, whether for all or only part of'their time, and the rates at which their time will be charged to the Work.) Person Included Status (full-time/part-time) Rate ($0.00) Rate (unit of time § A.5.1.1.3 Wages and salaries of the Design - Builder's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § A.5.1.1.4 Costs paid or incurred by the Design - Builder for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided, such costs are based on wages and salaries included in the Cost of the Work under Section A.5.1.1. § A.5.1.1.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Design - Builder or paid to the Architect or any Consultant, Contractor or supplier, with the Owner's prior approval. § A.5.1.2 Contract Costs. Payments made by the Design - Builder to the Architect, Consultants, Contractors and suppliers in accordance with the requirements of their subcontracts. § A.5.1.3 Costs of Materials and Equipment Incorporated in the Completed Construction § A.5.1.3.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § A.5.1.3.2 Costs of materials described in the preceding Section A.5.1.3.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work -car =,t �1 Ew7ne = °s €pti€sia ill 1 l�l iy..h Dsun Buil�icr —ny�ut r a1 d fn § A.5.1.4 Costs of Other Materials and Equipment, Temporary Facilities and Related Items' § A.5.1.4.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Design - Builder at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Design- Builder shall mean fair market value. AZA Document A141- — 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This Alkd Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AAIA:' o Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible O undor the law. This draft was produced. by AZA software at 15:1.9:48 ET on 07/25/2019 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (846881.1.06) § A.5.1.4.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Design- Builder at the site and costs of transportation, installation, minor repairs, dismantling and removal. -thy p s l a e t -i € #` any ompa aib( its tom.-- R-ates-o - e-Eltaipmealt- -and -cl� aratiti o` c f ap nt 1 4i § A.5.1.4.3 Costs of removal of debris from the site of the Work and its proper and legal § A.5.1.4.4 Costs of document reproductions, electronic communications, postage and parcel delivery charges, dedicated data and communications services, teleconferences, Project websites, extranets and reasonable petty cash expenses of the site office. § A.5.1.4.5 Costs of materials and equipment suitably stored off the approval. § A.5.1.5 Miscellaneous Costs § A.5.1.5.1 Premiums for that portion of insurance and bonds required by the Design -Build Documents that can be directly attributed to the Contract. With the Owner's prior approval self - insurance for either full or partial amounts of the coverages required by the Design -Build Documents. § A.5.1.5.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Design - Builder is liable. § A.5.1.5.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design - Builder is required by the Design -Build Documents to pay. § A.5.1.5.4 Fees of laboratories for tests required by the Design -Build Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 15.5.3 of the Agreement or by other provisions of the Design -Build Documents, and which do not fall within the scope of Section A.5.16.3. § A.5.1.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Design -Build Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Design -Build Documents; and payments made in accordance with legal judgments against the Design- Builder resulting from such suits or claims and payments of settlements made with the Owner's consent. § A.5.1.5.6 =hltle ' wa s p -ter gvdi c(_;osts for electronic equipment and software directly, related to the Work. § A.5.1.5.7 Deposits lost for causes other than the Design - Builder's negligence or failure to fulfill a specific responsibility in the Design -Build Documents. § A.5.1.5.8 itR tE taio�7al �aicl wail not b�roasnably itild 1L egal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Design - Builder, reasonably incurred by the Design - Builder after the execution of the Agreement and in the performance of the Work. § A.5.1.5.9 `ith4-kOw c€ -'s-1' ardor- al)larovti-- ;L?xpenses incurred in accordance with the Design - Builder's standard written personnel policy for relocation, and temporary living allowances of, the Design - Builder's personnel required for the Work. § A.5.1.5.10 That portion of the reasonable expenses of the Design- Builder's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. AZA Document A141- — 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This Also Document in protected by tF.S. Copyright Law and International Treaties. Unauthorized exproduction or distribution of this AZA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced. by AZA software at 15:19:98 ET on 07/25/2019 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (846881.106) § A.5.1.6 Other Costs and Emergencies § A.5.1.6.1 Other costs re-as mahly_incurred in the performance of the Work -4- -- affd4icc4he- x-R -a ovvrd-in adv-Lrne -- eon -wF44 g b-y t+ the aw r. § A.5.1.6.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. § A.5.1.6.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Design - Builder, Contractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Design - Builder and only to the extent that the cost of repair or correction is not recovered by the Design- Builder from insurance, sureties, Contractors, suppliers, or others. § A.5.1.7 Related Party Transactions § A.5.1.7.1 For purposes of Section A.5.1.7, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Design - Builder; any entity ixt which any stockholder in, or management employee of, the Design - Builder owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Design- Builder. The term "related party" includes any member of the immediate family of any person identified above; § A.5.1.7.2 If any of the costs to be reimbursed arise from a transaction between the Design - Builder and a related party, the Design - Builder shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Design - Builder shall procure the Work, equipment, goads or service from the related party, as a Contractor, according to the terms of Section A.5.4. If the Owner fails to authorize the transaction in writing., Owner shall nonetheless be dean ed o haN,c. authorized tine tratis;actiot the -£ ,sit i- Btu -ilder § A.5.2 Costs Not to Be Reimbursed as Part of this Contract The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Design- Builder's personnel stationed at the'Dpsign- Builder's principal office or offices other than the site office, except as specifically provided in Section A.5.1.1; .2 Expenses of the Design - Builder's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Section A.5.1; .4 The Design - Builder's capital expenses, including interest on the Design- Builder's capital employed for the Work; .5 Except as provided in Section A.5.1.6.3 of this Agreement, costs due to the negligence or failure of the Design - Builder, Contractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; annd .6 Any- cost+K4- spe(afi ntt E ar swill Sed tian..A 5..:9 end Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. § A.5.3 Discounts, Rebates, and Refunds § A.5.3.1 Cash discounts obtained on payments made by the Design- Builder shall accrue to the Owner if (1) before making the payment, the Design - Builder included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Design - Builder with which to make payments; otherwise, cash discounts shall accrue to the Design- Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Design- Builder shall make provisions so that they can be obtained. § A.5.3.2 Amounts that accrue to the Owner in accordance with Section A.5.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. § A.5.4 Oth,Wffmmts lntentiorrall Omitted. AZA Document A1411d - 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WAk"3.NSNt,: This Alpo Document is protected by U.B. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this ASP.' 1 0 Document, or any portion of it, may result in severe civil and criminal, penalties, and will be prosecuted to the maximum extent possible under the lawn. This draft was produced by AZA software at 1.5:19:48 PT on 07/25/2019 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (846881.1.06) s�i. ittea b��b tl�a� e��rsfo�° +gas- totl�� r�uire +��rs�s s�i°tl isit; ��i1(f c�c��r -rats wi�0��t�= �- ��avati�r�s��= e��eptitan;�9 but sagn- -litfi ° -Mdy- rLX#4re- flat -° ar r, 3 = _..} . ., � - - ad��st -tl acre a ° , ° ` .. rn�....p ° d `_ . �. ...b' f-tl lie •t - � -anti - , � �n to4 ee n ° Y �s 1 y..;si >. § A.5.5 Accounting Records The Design - Builder shall keep full and detailed records and accounts related to the cost of the Work and exercise s+ r -eo mtmercialiy reasonable controls x n n ce sar for p f- financial management under the Contract and to substantiate all costs incurred. Owner and the Owner's auditors shall, during regular business hours and upon reasonable advance written notice of at least zve avx_k�a_cts, be afforded access to, and shall be permitted to audit and copy, the Design - Builder's records and accounts, ne-4r 1a cr�,til 4e-te r er a ntatir u s ppr ti g ao o�mtirag nt ie k�:�ok c r sp s rlcnt inst r fir 'rawra� s;- er +_ tit �>ntr rc ts, ato ' 1 r : a &s- pu 1+ ord rs- vt ache, 9 anrar or ra k ti er d -ata r- e4ati*g- 4i3,4ie ' rrti act r_ lc vant to the cost of the Work. The Design- Builder shall preserve these records for a period of thf e onef. ➢_)years after final payment k�r sr¢e1 6 ra < pc » =i as ay be ac gaair at # y law. 5 elati #t -er'Is ��+asi�t��atatR�- tire- (:7wr�..r' ter�st: This Amendment to the Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) DESIGN- BUILDER (Printed name and title) AZA Document A141`M — 2014 Exhibit A. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This <:o Document is *protected kid' U.S. Copyright Law and International Treaties. Unauthorized reproduction .r distribution of this AiA" Document, or and portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced. by AZA software at 1.5:19:48 F.T on 07/25/2019 under Order No.6029987659 which expires on 04/02/2020, and is not for resale. User Notes: (846881.1.06) AIA Document A141"' - 2014 Standard Form of Agreement Between Owner and Design - Builder AGREEMENT made as of the 0 0 day of is ti in the year 5c f (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) ADDITIONS( AND DELETIONS: The an then of this document has added information Al }(L �1h needed for its completion. The author may also have { }y' revised the text of the original ATA standard form. ` - Am Additions and Deiwtions Report that notes added and the Design- Builder: information as well.. as (Name, legal status, address and other information) revisions to the standard for text is ava9.. Gable from tine author a.nd should be St >T {f -> reviewed.'.: us> This document has important legal consequences. u # Consultation with an after —'y is encouraged with for the following Project respeor to its completion (Name, location and detailed description) or msdification. Consultation with an attorney is also encouraged tcF31N1c iAPx3ztSZa w- th> respect to {i profeesrbpal licensing requirements in the jurisdiction where the Project is located. The Owner and Design - Builder agree as follows. ELECTRONIC COPYING of any portion of this AIA' Document to another electronic f9..l..e is prohibited and constitutes a viol..ation of copyright Saws as set forth in the footer of this document. A Document A141' - 2014, C pyr..ghr 2004 a-id 2;,11 by The --c— I-- of Ar chi.e —. All xights x ved. AIA: ING Th— -A bocui i:, p.rota„ L-i by U.` v,,y =x".oht Lx anti 5nm:.' 'ati.—I T—tie,.. U— "to- -d x'ep.,db r.0 ur ria,isib-.ti to— AIA tko+.•.t'timenc, ns any porki.u.a if i.t, muy xe..tt.t in .se'vrtxe _iur.l. „.n4 vrxm:, rvial c+c al t.i.a:.s, and wi3.1 kse P.'x s...t'.t,.c1 .c the mauitnt'm e' cestit yo- ss- ..U1e. urtoes 9.he 1a This draft ,roducad _ AIA soy_ are at _x.10:29 on 01/28/2016 under Crder 90 1903632808 1 . >:ch expires on ±210812016, and i not for Us Notes: (1682853983) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN -BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD AMENDMENT 5 WORK FOLLOWING EXECUTION OF THE DESIGN -BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER'S RESPONSIBILITIES 8 TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVISIONS 16 SCOPE OF THE AGREEMENT TABLE OF EXHIBITS A DESIGN -BUILD AMENDMENT B INSURANCE AND BONDS C SUSTAINABLE PROJECTS ARTICLE 1 GENERAL PROVISIONS § 1.1 Owner's Criteria This Agreement is based on the Owner's Criteria set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable" or "unknown at time of execution. " If the Owner intends to provide a set of design documents, and the requested information is contained in the design documents, identify the design documents and insert "see Owner's design documents " where appropriate.) § 1.1.1 The Owner's program for the Project: (Set forth the program, identify documentation in which the program is set forth, or state the manner in which the program will be developed.) § 1.1.2 The Owner's design requirements for the Project and related documentation: AIA Document A141- – 2014. Copyright t 2004 and 2014 by The American Institute of Architects. All rights --d. AAiU:TPSC: Th1.a — fi %oe " "'t ir. 6 eute ted by U.S, Copyright liaw and Tx .1i— U— th—i —d repx,oduc.11an oz di l.zabu G.ian of lhia RSA' Da.Tixm. any p,,t,i,5r of it., m s IL in s _i,i�. ev .f urinal p, —Iti —, r d, aUt b. p;vcr„wxcixi na C.. tsx., m ax�2. i^ pnsai..Tin —d- 1— Y .x law Iris draft ,i r..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 vxhich 12/08/2016, and User Notes: (1682863 (Identify below, or in an attached exhibit, the documentation that contains the Owner's design requirements, including any performance specifications for the Project) § 1.1.3 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability ofpublic and private utilities and services; legal description of the .rite; etc.) § 1.1.4 The Owner's anticipated Sustainable Objective for the Project, if any: (Identify the Owner's Sustainable Objective for the Project such as Sustainability Certification, benefit to the environment, enhancement to the health and well -being of building occupants, or improvement of ernergy efficiency. If the Owner identifies a Sustainable Objective, incorporate AM DocumentA141Tm -2014, Exhibit C, Sustainable Projects, into this Agreement to define the terms, conditions and Work related to the Owner's Sustainable Objective.) § 1.1.5 Incentive programs the Owner intends to pursue for the Project, including those related to the Sustainable Objective, and any deadlines for receiving the incentives that are dependent on, or related to the Design- Builder's services, are as follows: (Identify incentive programs the Owner intends to pursue ,for the Project and deadlines for submitting or applying for the incentive programs) § 1.1.6 The Owner's budget for the Work to be provided by the Design - Builder is set forth (Provide total for Owner's budget, and if known, a line item breakdown of costs.) § 1.1.7 The Owner's design and construction milestone dates: 1 Design phase milestone dates: tc tt .2 Submission of Design- Builder Proposal: 0, ti .3 Phased completion dates: ti tt ,4 Substantial Completion date: tc, ti .5 Other milestone dates: tr rr § 1.1.6 T- he -OS,v -r€f iFes tire- Design - Builder to -mare retain the following Architect, Consultants and Contractors at the Pesign- BaailceFLb car: : AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zahu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 (List name, legal status, address and other information) 1 Architect (KI ,2i .2 Consultants 0 .3 Contractors § 1.1.9 Additional Owner's Criteria upon which the Agreement is based: (Identify special characteristics or needs of the Project not identified elsewhere, such as historic preservation ............. ---- I § 1.1.10.1 14 h - t- 3wne .a� -%ri ;a ecm4 ic4* w44-, app o lik- abm star #c4, x lat:ale-,. , C s, n # u4at4m's-; I cam= § 1.1.11 If there is a change in the Owner's Criteria, the Owner and the Design - Builder shall in accordance with Article 6. § 1.1.12 If the Owner and Design- Builder intend to transmit Instruments of Service or any other information o documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissi Unless otherwise agreed, the parties will use AIA Document E203 T M -2013 to establish the protocols for the development, use, transmission, and exchange of digital data and building information modeling. § 1.2 Project Team § 1.2,1 The Owner identifies the following representative in accordance with Section 7.1.1: (List name, address and other information.) § 1.2.2 The persons or entities, in addition to the Owner's representative, who are required to review the Design - Builder's Submittals are as follows: (List name, address and other information.) § 1.2.3 The Owner will retain the following consultants and separate contractors: (List discipline, scope of work, and, if known, identify by name and address.) § 1.2.4 The Design - Builder identifies the following representative in accordance with Section 3.12: AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 (List name, address and other information.) § 1.3 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 14.3, the method of binding dispute resolution shall be the following: (Check the appropriate box. ff the Owner and Design - Builder do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution other- than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ,x ] Arbitration pursuant to Section 14.4 [ k a ] Litigation in a court of competent jurisdiction Other: (Specify) § 1.4 Definitions § 1.4.1 Design -Build Documents. The Design -Build Documents consist of this Agreement between Owner and Design - Builder and its attached Exhibits (hereinafter, the "Agreement "); other documents listed in this Agreement; and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, including the Design -Build Amendment, (2) a Change Order, or (3) a Change Directive. § 1.4,2 The Contract. The Design -Build Documents form the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Design -Build Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Design- Builder. § 1.4.3 The Work. The term "Work" means the design, construction and related services required to fulfill the Design - Builder's obligations under the Design -Build Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Design - Builder. The Work may constitute the whole or a part of the Project. § 1.4.4 The Project. The Project is the total design and constriction of which the Work performed under the Design - Build Documents may be the whole or a part, and may include design and construction by the Owner and by separate contractors. § 1.4.5 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Design Builder, Cotitractor(s), Architect, and Consultant(s) under their respective agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar materials. § 1.4.6 Submittal. A Submittal is any submission to the Owner for review and approval demonstrating how the Design - Builder proposes to conform to the Design -Build Documents for those portions of the Work for which the Design -Build Documents require Submittals. Submittals include, but are not limited to, shop drawings, product data, and samples. Submittals are not Design -Build Documents unless incorporated into a Modification. AIA Document A141- – 2014. Copyright 0 2004 and 2014 by The —,can I £ Architects All rights ..... v d. AAiU TNG Thi, AIA' n fi %oex ""'t ir. 6ruteoted by U.S, Copyri.y ht La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T AIA' D- "Y pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , rxtd, void b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..Tin xv,d,, oc Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h 12/08/2016, and i UserrNOtes: (1.6828�34 § 1.4.7 Owner. The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. § 1.4.8 Design - Builder. The Design - Builder is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The term "Design- Builder" means the Design - Builder or the Design - Builder's authorized representative. § 1.4.9 Consultant. A Consultant is a person or entity providing professional services for the Design- Builder for all or a portion of the Work, and is referred to throughout the Design -Build Documents as if singular in number. To the extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the required professional services. § 1.4.10 Architect. The Architect is a person or entity providing design services for the Design - Builder for all or a portion of the Work, and is lawfully licensed to practice architecture in the applicable jurisdiction. The Architect is referred to throughout the Design -Build Documents as if singular in number. § 1.4.11 Contractor. A Contractor is a person or entity performing all or a portion of the construction, required in connection with the Work, for the Design - Builder. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor is referred to throughout the Design -Build Documents as if singular in number and means a Contractor or an authorized representative of the Contractor. § 1.4,12 Confidential Information. Confidential Information is information containing confidential or business proprietary information that is clearly marked as "confidential." § 1.4.13 Contract Time. Unless otherwise provided, Contract Time is the period of time, including adjustments, as set forth in the Design -Build Amendment for Substantial Completion of the Wor § 1.4.14 Day. The term "day" as used in the Design -Build Documents shall mean calendar day unless otherwise specifically defined. § 1.4.15 Contract Sum. The Contract Sum is the amount to be paid to the Design - Builder for performance of the Work after execution of the Design -Build Amendment, as identified in Article A.1 of the Design - Build. Amendment. ARTICLE 2 COMPENSATION AND PROGRESS PAYMENTS § 2.1 Compensation for Work Performed Prior To Execution of Design -Build Amendment § 2.1.1 Unless otherwise agreed, payments for Work performed prior to Execution of the Design-Build Amendment shall be made monthly. For the Design - Builder's performance of Work prior to the execution of the besign -Build Amendment, the Owner shall compensate the Design - Builder as follows: (Insert amount of or basis for, compensation, including compensation for any Sustainability, Services, or indicate the exhibit in which the information is provided. If there will be a limit on the total amount of compensation for Workperfortned prior to the execution of the Design -Build Amendment, state the amount ofthe limit.) MW § 2.1.2 The hourly billing rates for services of the Design- Builder and the Design- Builder's Architect, Consultants and Contractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Individual or Position Rate AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a -A' TFOex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tum. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xv,d,, eas Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h 12/08/2016, and User Notes: (1682863 § 2.1.3 Compensation for Reimbursable Expenses Prior To Execution of Design -Build Amendment § 2.1.3.1 Reimbursable Expenses are in addition to compensation set forth in Section 2.1.1 and 2. 1.2 and include expenses, directly related to the Project, incurred by the Design - Builder and the Design - Builder's Architect, Consultants, and Contractors, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if-a, to k+6 ,tN1 i -MA'a ee-b h d .7 Renderings, physical models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 All taxes levied on professional services and on reimbursable expenses; and .9 Other Project- related expenditures - - attthe it %, -in-ad# 4anc -e 4 d e-Ownef. § 2.1.3.2 For Reimbursable Expenses, the compensation shall be the expenses the Design-Builder and the Design - Builder's Architect, Consultants and Contractors incurred, plus an administrative fee of o tt percent ( tt 0 %) of the expenses incurred. § 2.1.4 Payments to the Design - Builder Prior To Execution of Design -Build Amendment § 2.1.4.1 Payments are due and payable upon presentation of the Design- Builder's invoice. Amounts unpaid (€ Wig_ t (it ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Design - Builder. (Insert rate of monthly or annual interest agreed upon.) tr 14 rs % tt pe a6414" rs § 2.1.4.2 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times Following advance written notice, "Cat least t(vc• (5} 1ity for a period of one (:1.)€vre yearn following execution of the Design -Build Amendment or termination of this Agreement, whichever occurs first. § 2.2 Contract Sum and Payment for Work Performed After Execution of Design -Build Amendment For the Design- Builder's performance of the Work after execution of the Design -Build Amendment, the Owner shall pay to the Design- Builder the Contract Sum in current funds as agreed in the Design -Build Amendment. ARTICLE 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN -BUILD CONTRACT § 3.1 General § 3.1.1 The Design - Builder shall comply with any applicable licensing requirements in the jurisdiction where the Project is located. § 3.1.2 The Design - Builder shall designate in writing a representative who is authorized to act on the Design - Builder's behalf with respect to the Project. § 3.1.3 The Design - Builder shall perform the Work in substantial accordance with the Design -Build Documents. >e.ngra-- Bttilcda t acct Fdanee ; l e Dc v 13 ail 4 Dcr.= �at�i� =aa#s ��xsi=�- tit... �r�� ,, �t��pet= tictsav -car :tpprz�v�sis��i =� l�r-6 + § 3.1.3.1 The Design - Builder shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design - Builder performs Work it ii rh)ws to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, the Design- Builder shall assume responsibility for such Work and shall bear the costs attributable to correction. § 3.1.3.2 Neither the Design- Builder nor any Contractor, Consultant, or Architect shall be obligated to perform any act which they believe will violate any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design - Builder determines that implementation of any instruction roceived from the Owner, including those in the Owner's Criteria, would cause a violation of any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design - Builder shall notify the AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a Me fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tixm any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xvndsr ear Y .x Saw Iris draft .i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 Owner in writing. Upon verification by4he- -nc: =that a change to the Owner's Criteria is required to remedy the violation, the Owner and the Design - Builder shall execute a Modification in accordance with Article 6. § 3.1.4 i'he44e -,P4 BH+k4e-hall vim; n l� 4? -no�far a ands is n d t'the f7t 1 u l 's t=en- Suhtknta L emricwr^ -mA t4 6Faff apt r ng toy s;.trn r l w ,< nt e;4 peri <;rrr}arrE- lr�>ttto�rs- e: =22>s� ivcrrklnt�nti��tl;tlly �?znitte€j. § 3.1.5 General Consultation. The Design - Builder shall schedule and conduct periodic meetings with the Owner to review matters such as procedures, progress, coordination, and scheduling of the Work. § 3.1.6 When applicable law requires that services be performed by licensed professionals, the Design -Builder shall provide those services through qualified, licensed professionals. The Owner understands and agrees that the services of the Design - Builder's Architect and the Design- Builder's other Consultants are performed in the sole interest of, and for the exclusive benefit of, the Design - Builder. § 3.1.7 The Design - Builder, with the assistance of the Owner, shall prepare and file document's required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. § 3.1.8 Progress Reports § 3.1.8.1 The Design - Builder shall endeavor to keep the Owner informed of the progress and', quality of the Work. On a monthly basis, or otherwise as agreed to by the Owner and Design - Builder, the Design Builder slra4i -znav submit written progress reports to the Owner, showing estimated percentages of completion and other information identified below: .1 Work completed for the period; Project schedule status; Submittal schedule and status report, including a summary of outstandin Responses to requests for information to be provided by the Owner; Approved Change Orders and Change Directives; Pending Change Order and Change Directive status reports; Tests and inspection reports; .8 Status report of Work rejected by the Owner; .9 Status of Claims previously submitted in accordance with Article 14; .10 Cumulative total of the Cost of the Work to date including the Design -B Reimbursable Expenses, if any; .11 Current Project cash -flow and forecast reports; and .12 Additional information as agreed to by the Owner and Design - Builder. § 3.1.8.2 In addition, where the Contract Sum is the Cost of the Work with or without a the Design - Builder 4i"-may-include the following additional information in its progre .1 Design - Builder's work force report; .2 Equipment utilization report; and .3 Cost summary, comparing actual costs to updated cost estimates. and Price, § 3.1.9 Design - Builder's Schedules § 3.1.9.1 The Design - Budder, prernpti3 -a€tc rutth:n a rc a onabl� ti €n� (r,Il owing execution of this Agreement, shall prepare and submit for the Owner's information a schedule for the Work. The schedule, including the time required for design and construction, shall t exeeedbe subsUinfially consistent xvilh the time limits current under the Design -Build Documents, 4- H14-i e revised at appropriate intervals as required by the conditions of the Work and Project in X2,r 13ui1Jer',s sole, discretion, shall be related to the entire Project to the extent required by the Design -Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. § 3.1.9.2 The Design- Builder shall endeavor to perform the Work in general accordance schedules submitted to the Owner. § 3.1.10 Certifications. Upon the Owner's written request, the Design- Builder shall obtain from the Architect, Consultants, and Contractors, and furnish to the Owner, certifications with respect to the documents and services AIA Document A141- – 2014. Copyright t 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a ABA' D. ,,t t ir. 6 eute ted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhia RSA' Da.Tixm. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc. vitl b, gvo„wtcuina t., th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i r..od,ced by AA .,ovt- at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 provided by the Architect, Consultants, and Contractors {za} that, to the best of their knowledge, information and belief, the documents or services to which the certifications relate (i) are consistent with the Design -Build Documents, except to the extent specifically identified in the certificate, and (ii) comply with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities governing the design of the Project tnd (b) 94at- the -t-tw4 r-mnHt « r ian <, } 8 b cnt tied r ;ly ={ >n i; a y F h repro c a can an<f-:rtat m t n Y ine l ,;, -a;fWi ions'. The Design - Builder's Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services. § 3.1.11 Design-Builder's Submittals § 3.1.11.1 Prior to submission of any Submittals, the Design - Builder shall prepare a Submittal schedule, and shall submit the schedule for the Owner's a it &v*1j1 fcgrraiation. Ti s- Owaat - cappf -OA4 4hal1 at can , ad (ubc t# lawd of +- it e&d -The Submittal schedule shall (1) be coordinated with the Design - Builder's schedule provided in Section 3.1.9.1, (2) allow the Owner reasonable time to review Submittals, and (3) be periodically updated to reflect the progress ofthe Work. lrah [c:n 1 uald s : a sulaa Zan dta luk }�a g aildo hu 1 as § 3.1.11.2 i4theAVor , nd o4he Ii a -T iki Dcxumentslntenliontaily 0mittcd § 3.1,11.3 The Design- Builder shall perform no portion of the Work for which the Design -Build Documents require Submittals until the Owner has approved the respective Submittal_ § 3.1,11,4 The Work shall be in substantial accordance with approved Submittals except that the Design- Builder shall not be relieved of its responsibility to perform the Work consistent with the requirements of the Design -Build Documents. The Work may deviate from the Design -Build Documents only if the Design - Builder has notified the Owner in writing of a deviation from the Design -Build Documents at the time of the Submittal and a Modification is executed authorizing the identified deviation. T 1 D n F3 kl all rot l a *A&ved ontistii�rtat;- ittf�sbtniE�- :t3t;- h}�t�`ati&iwtta;= s- aptrro: sal- c}S$:ati�t_' § 3.1.11.5 All professional design services or certifications to be provided by the Design - Builder, it>chiding all drawings, calculations, specifications, certifications, shop drawings and other Submittals, shall contain; the signature and seal of the licensed design professional preparing them. Submittals related to the Work designed at certified by the licensed design professionals, if prepared by others, shall bear the licensed design professional's written approval. a h pis rt a; d ta- ritxul a t shall n tl d O -t Iy p st tl a k clr ac 4te- ii lac -ca ttx. Se s a i?'m a tx a pfil ; -po ne<l� y usi dtz f p atle i; rt1. § 3.1.12 Warranty. The Design - Builder warrants to the Owner that materials and equipment furnished under the Contract will be e ocl tw,44y -anc8 -new carless the Design -Build Documents require or permit otherwise. The Design - Builder further warrants that the Work will subst antiall�eonform to the requirements of the Design -Build Documents and will be free from defects, except for those inherent in the quality of the Work orotherwise expressly permitted by the Design -Build Documents. Work, materials, or equipment not suhst zillially conforming to these requirements may be considered do is c v^€n) a c rrnforn ng. The Design - Builder's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Design- Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Design - Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.1.13 Royalties, Patents and Copyrights § 3.1.13.1 The Design - Builder shall pay all royalties and license fees. § 3.1.13.2 The Design - Builder shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and its separate contractors and consultants harmless from loss on account thereof, but shall not be AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a — fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Owner, or where the copyright violations are required in the Owner's Criteria. I- 1nwover -, if i a a ii::ild has a >n x t v l B l. g €; y> ire du *t a rt 3 €t tl? v fl r 4'srta i x g nac a l y` a pt41 9 )e:';> :i pd s?E be p n bdc tar 6 €o s arp s wh iariaHmwion p < p }jam; i o 1 €e 4 4miea —lf the Owner receives notice from a patent or copyright owner of an alleged violation of a patent or copyright, attributable to the Design - Builder, the Owner shall give prompt written notice to the Design- Builder. § 3.1.14.2 3.1.14.1 above, the the indemnification obligations m tley4hisset forth Section 3.1.14.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Design - Builder, Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by them, under workers' compensation acts, disability benefit acts or other employee benefit acts. whose ad-s Owner maay ik li_ihle._ includin ya*`(Ikec `catr?�wnsafeic>t <, }a1s,al7ltt p. § 3.1.15 Goy Wmqent Absignment-of-Agraem pentsintentionallySmittLd aflt , ara ;cpte €?- f4ar- d�,s +t;a3ttrc°r+t„ an €3 +�� nn�€=�� -to :a ;+�taaa+; €n-ci. s��;- i>aaild+?�rn c +tla # €r eart�tgF —if rlae °4v: sumassag +ta, -t9a€ agrtcua +a;rt t#€ a� ra€°��.4rr€i� ig €a.. AIA Document A141- – 2014. Copyright t 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Thi.a MA' D. ,,t t ir. 6 cute ted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhia RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .Iti -- , .Arc. vitl b, gvo„wtcuina t.: th,- m . ax2. L pnsai..rin xv,d,, ear Y .x Saw Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 lrtai ]rlerbrr- 4rentita- tlSw��= shall- rrertl�l��s- r�rrtair�- le�,�? Fy-� esl3crn�:+lf%3r -a 1l- arf- ;1;� --st�c c �;tardc si�;r Ixwtdder'- F;- car- crtha;r ��tity "�, lig�rtc�r�is- u�;de� =4lic agre�ane+at § 3. , .s' -Bari on FA i 9cier h 1 Y a c nd a n n u a urd ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD AMENDMENT § 4.1 General § 4.1.1 Any information submitted by the Design - Builder, and any interim decisions made by the Owner, shall be for the purpose of facilitating the design process and shall not modify the Owner's Criteria unless the Owner and Design- Builder execute a Modification. § 4.1,2 The Design- Builder shall advise the Owner on proposed site use and improvements, selection of materials, and building systems and equipment. The Design- Builder shall also provide the Owner with recommendations, consistent with the Owner's Criteria, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 4.2 Evaluation of the Owner's Criteria § 4.2,1 The Design - Builder shall schedule and conduct meetings with the Owner and any other necessary individuals or entities to discuss and review the Owner's Criteria as set forth in Section 1. ].The Design - Builder shall thereafter again meet with the Owner to discuss a preliminary evaluation of the Owner's Criteria. The preliminary evaluation shall address possible alternative approaches to design and construction of the Project and include the Design - Builder's recommendations, if any, with regard to accelerated or fast -track scheduling, procurement, of phased construction. The preliminary evaluation shall consider cost information, constructability, and procurement and construction scheduling issues. § 4.2.2 After the Design- Builder meets with the Owner and presents the preliminary evaluation, the Design - Builder shall provide a written report to the Owner, summarizing the Design - Builder's evaluation of the Owner's Criteria. The report shall also include .1 allocations of program functions, detailing each function and their square foot areas;' .2 a preliminary estimate of the Cost of the Work, and, if necessary, recommendations to adjust the Owner's Criteria to conform to the Owner's budget; .3 a preliminary schedule, which shall include proposed design milestones; dates for receiving additional information from, or for work to be completed by, the Owner; anticipated date for the Design - Builder's Proposal; and dates of periodic design review sessions with the Owner; and .4 the following: (List additional information, if any, to be included in the Design- Builder's written report) at > § 4.2.3 The Owner shall review the Design - Builder's written report and, if acceptable, provide the Design- Builder with written consent to proceed to the development of the Preliminary Design as described in Section 4.3. The consent to proceed shall not be understood to modify the Owner's Criteria unless the Owner and Design- Builder execute a Modification. § 4.3 Preliminary Design § 4.3.1 Upon the Owner's issuance of a written consent to proceed under Section 4.2.3, the Design - Builder shall prepare and submit a Preliminary Design to the Owner. The Preliminary Design shall include, a report identifying any deviations from the Owner's Criteria, and shall include the following: .1 Confirmation of the allocations of program functions; .2 Site plan; .3 Building plans, sections and elevations; .4 Structural system; .5 Selections of major building systems, including but not limited to mechanical, electrical and plumbing systems; and .6 Outline specifications or sufficient drawing notes describing construction materials. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a — fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tixm. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 The Preliminary Design may include some combination of physical study models, perspective sketches, or digital modeling. § 4.3.2 The Owner shall review the Preliminary Design and, if acceptable, provide the Design - Builder with written consent to proceed to development of the Design - Builder's Proposal. The Preliminary Design shall not modify the Owner's Criteria unless the Owner and Design - Builder execute a Modification. § 4.4 Design - Builder's Proposal § 4.4.1 Upon the Owner's issuance of a written consent to proceed under Section 4.3.2, the Design- Builder shall prepare and submit the Design- Builder's Proposal to the Owner. The Design - Builder's Proposal shall include the following: .1 A list of the Preliminary Design documents and other information, including the Design-Builder's clarifications, assumptions and deviations from the Owner's Criteria, upon which the Design - Builder's Proposal is based; .2 The proposed Contract Sum, including the compensation method and, if based upon the Cost of the Work plus a fee, a written statement of estimated cost organized by trade categories, allowances, contingencies, Design - Builder's Fee, and other items that comprise the Contract Sum; .3 The proposed date the Design - Builder shall achieve Substantial Completion; .4 An enumeration of any qualifications and exclusions, if applicable; .5 A list of the Design - Builder's key personnel, Contractors and suppliers; and .6 The date on which the Design- Builder's Proposal expires. § 4.4.2 § 4.4.3 If the Owner and Design - Builder agree on a proposal, the Owner and Design - Builder shall execute the Design -Build Amendment setting forth the terms of their agreement. ARTICLE 5 WORK FOLLOWING EXECUTION OF THE DESIGN -BUILD AMENDMENT § 5.1 Construction Documents § 5.1.1 Upon the execution of the Design -Build Amendment, the Design - Builder shall prepare Coarstruction Documents. The Construction Documents shall establish the quality levels of materials and systems required. The Construction Documents shall be ,,icrt�stanti illy consistent with the Design -Build Documents. § 5.1.2 The Design- Builder shall provide the Construction Documents to the Owner for the Owner's * f etc ;�4�Eew azd ap .1. If the Owner discovers any deviations between the Construction Documents and the Design -Build Documents, the Owner shall promptly notify the Design - Builder of such deviations in writing. The Construction Documents shall not modify the Design -Build Documents unless the Owner and Design- Builder execute a Modification. 1'he -f ik 0 1 Ey o l a =err cl v ; t s� no�vv f ¢ ° -13 tr § 5.2 Construction § 5.2.1 Commencement. Except as permitted in Section 5.2.2, construction shall not commence prior to execution of the Design -Build Amendment. § 5.2.2 If the Owner and Design - Builder agree in writing, construction may proceed prior to the execution of the Design -Build Amendment. However, such authorization shall not waive the Owner's right to reject the Design - Builder's Proposal. § 5.2.3 The Design- Builder shall supervise and direct the Work a g 1Ae B k }er' 1 a k lima i onn o t. The Design - Builder shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract a ks t#t a 13u k D�, a° ��r�n?Ayive�atlaer-; �aceit�- iw; tkucticaa�;vd;;:cesni;�g- tltc�a rr�:atter�. tlaarEFaurh- 1>rr.tior� -ira pa=calra�r- cr>.af4tliert trreeve- �ub�cgt,casi- Wc>rk- AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a ABA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d f lhi.T RSA' Da. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h 12/08/2016, and User Notes: (1682863 § 5.3 Labor and Materials § 5.3.1 Unless otherwise provided in the Design -Build Documents, the Design- Builder shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. § 5.3.2 When a material or system is specified in the Design -Build Documents, the Design - Builder may make substitutions only in accordance with Article 6. rx>t- trr��perly- ;Icitlu�t -in t�r>k�;- Ensiz�n�d -t<a thr�n; § 5.4 Taxes The Design- Builder shall pay sales, consumer, use and similar taxes, for the Work provided by the Design - Builder, that are legally emacted to effect_when the Design -Build Amendment is executedy wl-;etlier -a�,t yep effi c-m me ly c a c1 }t ± go into- E:ffei;t. § 5.5 Permits, Fees, Notices and Compliance with Laws § 5.5.1 Unless otherwise provided in the Design -Build Documents, the Design- Builder shall secure and pay for the building permit as well as any other permits, fees, licenses, and inspections by government agencies, necessary for proper execution of the Work that c Gusto €na ilv secure;l after cnccution of the Contract af, ) le, illy re4uircd at the, 12mc. the, fJc;Sti.n Build- A nendm —enf ati c�x> vctrtcdaant- €-Strhetzarttsxzl -Corng ti,- srr- o- €tha;- 1"- � >jesE. § 5.5.2 The Design - Builder shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, applicable to performance of the Work. § 5.5.3 Concealed or Unknown Conditions. If the Design - Builder encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design - Build Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the' "character provided for in the Design -Build Documents, the Design - Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 days after first observance of the conditions. 1; tAan , sha w u 3" t sash- eotril t rnr raf ilf the t h yc c>nit'tt_u py differ materially and cause an increase or decrease in the Design- Builder's cost of, or time required for, performance of any part of the Work, ;thc Owr1er shalt execute with Desien Builder a k1oditi -fl,", pro ,dine for .rso+, iyRd an equitable adjustment in the Contract Sum or Contract Time, or both. Sf he f7 a =ta i a e of d a l e iwe mart- Mter4k9Y "TeFeitt § 5.5.4 If, in the course of the Work, the Design- Builder encounters human remains, or recognizes the existence of burial markers, archaeological sites, or wetlands, not indicated in the Design -Build Documents, the Design - Builder shall immediately suspend any operations that would affect them and shall notify the Owner, Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Design - Builder shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 14. § 5.6 Allowances § 5.6.1 The Design - Builder shall include in the Contract Sum all allowances stated in the Design- Build Documents. Items covered by allowances shall be supplied for such amounts, and by such persons or entities as the Owner may direct, but the Design - Builder shall not be required to employ persons or entities to whom the Design - Builder has reasonable objection. § 5.6.2 Unless otherwise provided in the Dcsign -Build Documents, AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a ASA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA'' Da.Tixm any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m i ax2. L pnsai..rin xv,d,, ear Y .x Saw Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 .1 allowances shall cover the cost to the Design - Builder of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 the Design - Builder's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts, shall be included in the Contract Sum but not in the allowances; and .3 whenever the labor and or tr atc rial costs are more than or less than tlwe stated allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 5.6.2.1 and (2) changes in Design - Builder's costs under Section 5.6.2.2. § 5.6.3 The Owner shall make selections of materials and equipment with reasonable requiring Owner selection. § 5.7 Key Personnel, Contractors and Suppliers § 5.7.1 Tice -1 4H4&F -44aH not ear rAoy— pen;w3ne -o+ h v ao na on e y- bj cti :. The Design - Builder shall not be required to contract with anyone to whom the Design- Builder has made reasonable and timely objection. e+ a,�re&"YA � 4o - tkw 8o -th, ter< sse4 i>efs+ i*ei -( IRAee- ONTO —ro SOR,'ibi&Ea*6t os , conskitt�tt- saoNCe- a- f- �at��e &�,:tsr+::. �- ol�eetit3+t: § 5.8 Documents and Submittals at the Site The Design - Builder shall maintain at the site for the Owner one copy of the Design -Build Documents and a current set of the Construction Documents, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Submittals. The Design- Builder shall deliver these items to the Owner in accordance with Section 9.10.2 as a record of the Work as constructed. § 5.9 Use of Site The Design - Builder shall confine operations at the site to areas permitted by applicable laws, statutes,,ordin; codes, rules and regulations, lawful orders of public authorities, and the Design -Build Documents, and shall en- deavor not to unreasonably encumber the site with materials or equipment. § 5.10 Cutting and Patching The Design - Builder shall not cut, patch or otherwise alter fully or partially completed construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Design - Builder shall not unreasonably withhold from the Owner or separate contractor the Design- Builder's consent to cutting or otherwise altering the Work. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zahu G.ian of lhi.T RSA' Da.Tixm. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .Iti -- , .Arc, void t, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 5.11 Cleaning Up § 5.11.1 The Design- Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Design - Builder shall remove waste materials, rubbish, the Design - Builder's tools, construction equipment, machinery and surplus materials from and about the Project. § 5.11.2 If the Design - Builder fails to clean up as provided in the Design -Build Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Design - Builder. § 5.12 Access to Work The Design - Builder shall provide the Owner and its separate contractors and consultants access to the Work in preparation and progress wherever located. The Design - Builder shall notify the Owner regarding Project safety criteria and programs, which the Owner, and its contractors and consultants, shall comply with while at the site. § 5.13 Construction by Owner or by Separate Contractors § 5.13.1 Owner's Right to Perform Construction and to Award Separate Contracts § 5.13.1,1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces; and to award separate contracts in connection with other portions of the Project,; or other construction or operations on the site, under terms and conditions identical or substantially similar to this Contract, including those terms and conditions related to insurance and waiver of subrogation. The Owner shall notify. the Design- Builder promptly after execution of any separate contract. If the Design - Builder claims that delay or additional cost is involved because of such action by the Owner, the Design- Builder shall make a Claim as provided in Article 14. § 5.13.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Design- Builder" in the Design -Build Documents in each case shall mean the individual or entity that executes each separate agreement with the Owner. § 5.13.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces, and of each separate contractor, with the Work of the Design - Builder, who shall and, aysr to cooperate with them.ei Bupr sa ^par��k€ � eart�a�:t<s €s- anr�- tl.e- 0vasra r- xtri+l -scsa c�ra�ruly -€� § 5.13.1.4 Unless otherwise provided in the Design -Build Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or separate contractors, the Owner shall be deemed to be subject to the same obligations, and to have the same rights, that apply to the Design - Builder under the Contract. § 5.14 Mutual Responsibility § 5.14.1 The Design - Builder shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall endeavor t a connect and coordinate the Design - Builder's construction and operations with theirs as required by the Design-Build Documents. § 5.14.2 if part of the Design - Builder's Work depends upon construction or operations by the Owner or a separate contractor, the Design - Builder shall, prior to proceeding with that portion of the Work ve wffly cps _g t -the prior oil acid =_c l ortp tx r -i- ear =lacy +etN,, 4 to the Owner, f tiny xy p c =nt discovered d discrepancies or defects in the construction or operations by the Owner or separate contractor that would render it unsuitable for proper execution and results ofthe Design- Builder's Work. 1'ai €ua= ai !ate 1 s ;gam t -41,41 conrt"tcrn § 5.14.3 ac°tz +niea iare-tc;-€he VAw4&oa dt,4f, ti-& <,truOio . AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a — fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zahu G.ian of lhi.T RSA' Da.Tixm any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, void b p;vcr„w.cuina t.: th,- m i ax2. L pnsai..rin xv,d,, ear Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 5.14.4 The Design - Builder shall promptly remedy damage the Design - Builder wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 5.14.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching the Work as the Design - Builder has with respect to the construction of the Owner or separate contractors in Section 5.10. § 5.15 Owner's Right to Clean Up If a dispute arises among the Design- Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible. ARTICLE 6 CHANGES IN THE WORK § 6.1 General § 6.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order or Change Directive, subject to the limitations stated in this Article 6 and elsewhere in the Design -Build Documents. § 6.1.2 A Change Order shall be based upon agreement between the Owner and Design - Builder. The Owner may issue a Change Directive without agreement by the Design - Builder. § 6.1.3 Changes in the Work shall be performed under applicable provisions of the Design -Build 'Documents, and the Design - Builder shall proceed promptly, unless otherwise provided in the Change Order or Change Directive. § 6.2 Change Orders A Change Order is a written instrument signed by the Owner and Design - Builder stating their agreement upon all of the following: The change in the Work; The amount of the adjustment, if any, in the Contract Sum or, if prior to execution o€ the Design - Build Amendment, the adjustment in the Design - Builder's compensation; and The extent of the adjustment, if any, in the Contract Time. § 6.3 Change Directives § 6.3.1 A Change Directive is a written order signed by the Owner directing a change in the the arlruseme M- Buie /sex's compensatki or Contract Time. or both prior to agreement on any such adjustment, 4Latiy, in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design - Builder's compensation, or Contract Time. The Owner may by Change Directives without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design - Builder's compensation, and Contract Time being adjusted accordingly. § 6.3.2 A Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 6.3.3 If the Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Design -Build Amendment, an adjustment in the Design- Builder's compensation, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Design -Build Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or A As provided in Section 6.3.7. § 6.3.4 If unit prices are stated in the Design -Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Design - Builder, the applicable unit prices shall be equitably adjusted. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a ABA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m . ax2. L prsai..rl, xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 6.3,5 Upon receipt of a Change Directive, the Design - Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design- Builder's agreement or disagreement with the method, if any, provided in the Change Directive for determining the proposed adjustment in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design - Builder's compensation, or Contract Time. § 6.3.6 A Change Directive signed by the Design - Builder indicates the Design - Builder's agreement therewith, including adjustment in Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design - Builder's compensation, and Contract Time or the method for determining them.; Such agreement shall be effective immediately and shall be recorded as a Change Order. § 6.3.7 If the Design - Builder duip , }> l o disagrees with the method for adjustment in the Contract Sum or, if prior to execution of the Design -Build Amendment, the method for adjustment in the Design - Builder's compensation, the Owner and _Design Builder shall cconeriale to determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase, an amount for overhead and profit as set forth in the Agreement, or if no-such amount is set forth in the Agreement, a reasonable amount j;ro4 z 3c d l3c? wever, the Architects dc.tenm as d scji sLn< nt shall not be is ss than Debi, n- Builder's ;actual costs. In such case, and also under Section 6.3.3.3, the Design - Builder shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Design -Build Documents, costs for the purposes of this Section 6.3.7 shall be limited to the following: .1 Additional costs of professional services; .2 Costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .3 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .4 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Design - Builder or others; .5 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .6 Additional costs of supervision and field office personnel directly attributable to the change. § 6.3.8 The amount of credit to be allowed by the Design - Builder to the Owner for a deletion or change that results in a net decrease in the Contract Sum or, if prior to execution of the Design -Build Amendment, in the Design - Builder's compensation, shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 6.3.9 Pending final determination of the total cost of a Change Directive to the Owner, the Design Builder may request payment for Work completed under the Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of certification for payment for those costs deemed to be reasonably justified. The Owner's interim determination of cost shall adjust the Contract Sum or, if prior to execution of the Design -Build Amendment, the Design- Builder's compensation, on the same basis as a Change Order, subject to the right of Design - Builder to disagree and assert a Claim in accordance with Article 14. § 6.3.10 When the Owner and Design - Builder agree with a determination concerning the adjustments in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design- Builder's compensation and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Owner and Design- Builder shall execute a Change Order. Change Orders may be issued for all or any part of a Change Directive. ARTICLE 7 OWNER'S RESPONSIBILITIES § 7.1 General § 7.1.1 The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all Project matters requiring the Owner's approval or authorization. § 7.1.2 The Owner shall render decisions in a timely manner and in accordance with the Design - Builder's schedule agreed to by the Owner. The Owner shall furnish to the Design - Builder, within 15 days after receipt of a written AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a ABA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zahu G.ian of lhi.T ABA' Da.Tixm any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , —d vitl b p;vcr„w.cuina t., th,- m . ax2. L pnsai..Tin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 request, information necessary and relevant for the Design - Builder to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 7.2 Information and Services Required of the Owner § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design -Build Documents with reasonable promptness. § 7.2.2 The Owner shall provide, (+4h+ e*Wnt.a #1 e taw t l -an - -:a + q.; ed 4v-41+0 Destgtr-_BwM the results and reports ofprior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design - Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner's control. § 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project. § 7.2.4 The Owner shall cooperate with the Design - Builder in securing building and other permits, licenses and inspections. § 7.2,5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and cxel thrry p c f ally pr ids# i +r l s ec ant t- lsewhere-rrth lo- bie- c(fflttt 4n wnitint,, the Design - Builder shall be entitled to rely upon the accuracy and completeness thereof. lt:� uvsnt r 3 44eDw_ R- Bu4&r -k: e .kof -ii prnssbil g etv,i etk)ffnk;nce -EH Ilea W,0k: § 7.2,6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or'ilon- conformity with the Design -Build Documents, the Owner shall give prompt written notice thereof to the Design- Builder. § 7.2,7 The Ounea shalt, prior to execution oi fl— % ne i±gn -Build Amendment and thereafter. furnish Lo #he, Dcsian- Build r reasonable eNolcnne t €,tit financial irnnjggen?ents have been made to ful €`a11 the Owner's ob4 *'It ons under the C°owraci. 1 urnishine of such ca idence shall be a condition precedent to conimencement or contingation of the Work. After such evidence has been furnished, tha! Oeaner shall tae >t inaaturibally vEas; saaclt t ndo;ctal adz' la :n� ac?rts ;c rth(ut-prior nolice. to the Desig that 1- Builder, See of tr h zls Sion tile, fol7c�c ev d rt c ,hu- l he deamcd _rc t "reasonable evidence agert rts ha e r.c, .i the name addiess, and bu,instss telctlltone number' of the Owner° as dcs�r Pt oIv, lk'41, being constructed, SSi, P a<aa °is C;<ac3e, to ml (ascla at7v a?c u(o of a l ;inn :hhould be t^nt;- A if a loan has been obtained for the constructia,n of im rosernents: frond ill apf,Iicable Ie ode t`s <ffLle a }�tasc utq ot'ihe Ic>arC: .2 az sunirnaty vfthe teams of the loan_ .4 the nmrne, adttress, and ._busuless t,f_lel halve ntk nber of the borrowers and lend rs ;.Ind AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a -A' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tum. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vial b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h 12/08/2016, and User Notes: (1682863 .5 - - - -- stlternent,furni h d l?, -tlrc Oic- nes_,2Nd-- _sul?li�nt (tb ree s- ori:ilrle -rand credil)lc rv_idence Qio kI r riieable banks or other do pository ins itudon o fb.e amm int. sour ce, and location of fund,, ac aflable to ,av th# bexlanee of the contract amount if tltCSC is no loan or the loan is not stifficient to may Eor ail z >ft3re c<.nstruc on of the irstprciccmcnts.14+kx, -to hd gut k f gr ki rn In ; ; N C t f Bt l#Cr y xf in €rriE +ttf= tl�tat -the (awnCnprosidld- rCt,s# to ;;l3lo- Cx:icUn- thatE-- t!?C =d ?v, +tat= ho;- rrd- t%rcars;i =;1 § 7.2.8 9 x el? lu r e ry -mod n t n i3 td f? c rtkt wl c a r c E to sp cs 11 uiu l of mod, -t "The Owner shall communicate through the Design - Builder with persons or entities employed or retained by the Design - Builder. § 7.2.9 i-h -ss a4,-tluifte441g 4 Dra:agn- 13 trild4-)ockr miorfs -t yvkied:4y4he44&sig Bu l i r The Owner shall, upon request from the Design - Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design - Builder. In such event, the Design - Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations. The Lac si_gn,- whether )ursuant to this Section 7.7.9 or otE(trvise. § 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B. § 7.3 Submittals § 7.3.1 The Owner shall review and approve or take other appropriate action on Submittals. re -., jN,m> b4ity o P 4w i r: -B ril la a ; ;ef; : t1 g b3 y n l3u e3 -I ¢ The Owner's action will be taken in accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the tucl €@er's judgment to permit adequate review. #'t s by to r' >v eu flu ?dEur17 t t lir e 13C iprr it i ie of Chet tia ss a ndff- Sect" -is 3 1 .6-1 W_ 4?.'.3 1'i 6l wee si: h na nsu ,f€;.approvrai of t1 y; lac alit n or; rtr�}c�«a�crtl:�rvva �€..; pssctitevt?ly -�aatc =dlry�l;�,- t�cvner:-<rt saray € €snucti €nv- a�a€^ar:s, rn €�hca:ib ^t; clsn�}uc *�; ;c•C;:s €;sa e-s�ra du f Ow ner, j,Ivr+rvad- opia -spcgi sr -vo n t :3 ate plrovadOO atrds r,rbly r%a is tr -ftpow § 7.3.2 Upon review of the Submittals required by the Design -Build Documents, the Owner shall notify the Design - Builder of any non - conformance with the Design -Build Documents -the -O liseo s. § 7.4 Vtsitk -EO E t bi t tv ch ll hk= o i l€ 'cs= man ill E >tr o f p =a l e g r?t x ai e r ^fir to-eli k4he- cfaality or- q*antit'" =tl at3-.-The Owner shall neither have control € ver or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures -, pro fr r-tlrc- ,a#cty pn c .ter d r€an in connection with the Work, because these are solely the Design - Builder's rights and responsibilities under the Design -Build Documents. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights d. AAiU:TPSC: Thi.a AW fi %oex ""'t ir. Iruteoted by U.S, Copyright La axd T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D "Y pv"to" of it., m s IL in s _i,i�. ev .f urinal p—.1ti —, —d void b, p;vcr„w.cuina t.: th,- m . ax2. L pasai..Tl, xv,d,, oc Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 19036'} ?808 3 h—h 12/08/2016, and i UserrNOtes: (i. 6828�34 § 7.5 T he Dv z h;: I x>t t p ; fh Ii , fn IS a 4dr [ r hn t ; rrtlWo 1 ace d area h ine cT n v s 44he t), &3 uI i Dr,_::— ', d w =n # a i net. as a tr e R ge of- nci w +l n E bE r� °,�c?n�i>te �:�r a�9s�rn�ii��ns- ;; €'!h;- t�;�i�z�i�#e +, -A�z h%t�v6; Co ¢��a+ii�srrta;- C'cfl�tr�etexas, air tler -��z zrta;+�r :tr,tl y a.. c d o en i l fin r,• p >f` dl&W zri # x F3 F ldc [ntc zti ,ziz91 ' om- it:ted. _ § 7.6 The Owner has the authority to reject Work that does not conform to the Design -Build Documents. The Owner shall have authority to require inspection or testing of the Work in accordance with Section 15.5.2, whether or not such Work is fabricated, installed or completed. tli es t #ti a z h ty:: =t6 t Owner, elnp- )yee €na (vl rpe son c z =e %tom :>-c3# b-_-4 +),-k: § 7.7 The Owner shall. in its, reasonable discretion and stabs ct to ap rop vat by Desi n diuddeL, determine the date or dates of Substantial Completion in accordance with Section 9.8 and the date of final completion in accordance with Section 9.10. Bu4da,F+0 strriz.d1i -NN-'r k emu ; l r tit i'. crts 44he t aztse4OFStrs:h.e d lnr s l os t i § 7.9 Owner's Right to Carry Out the Work If the Design- Builder defaults or neglects to carry out the Work in subl tanrial accordance with the Design -Build Documents and fails within a ten -day period after receipt of written notice from the Owner ti commence and continue correction of such default or neglect r 1 rd dg era ar %l p s, the Owner may; ra=4ke+rt- pK-btK ciia e4e etk flt l 4 n aw€ correct such deficiencies. In such case, an appropriate Change Order sEaall -nl<ay be issued deducting from payments then or thereafter due the Design - Builder the reasonable cost of correcting such deficiencies. ttxrvmen lc ^nor4wn ar4vr-tltae 4h Pc3itFrIRFikier:trt - =>t +fp t karvez ueh-ifmounr -tat 1?igr;- I�tZildc�4hai(- lstt3� tl� eliii'cres;c�trr the -�ncr ARTICLE 8 TIME § 8.1 Progress and Completion § 8.1,1 Time limits stated in the Design -Build Documents are of the essence of the Contract. By executing the Design -Build Amendment the Design - Builder confirms that the Contract Time is a reasonable period for performing the Work. § 8.1,2 The Design - Builder shall not, except by agreement of the Owner in writing, commence theWo>k prior to the effective date of insurance, other than property insurance, required by this Contract. The Contract Time shall not be adjusted as a result of the Design - Builder's failure to obtain insurance required under this Contract. § 8.1.3 The Design - Builder shall proceed expeditiously with adequate forces and shall endeavof to achieve Substantial Completion within the Contract Time. § 8.2 Delays and Extensions of Time § 8.2.1 If the Design - Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a consultant or separate contractor employed by the Owner; or by changes ordered in the Work by the Owner; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties of o lweF -Ca ses beyaii( t e -finest g i kie s eo E°l or by delay authorized by the Owner pending mediation and binding dispute resolution of other causes beyond Pe gn -Bu ilde s conlroh or by other causes that the Owner reasonably determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as 8: lour?- ttvier- +n"n,- <;e;6t+H1iavec:�ta Lity zc(LuiI-eS. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TNG Th1.a A- fi %oex ""'t fir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d f lhi.T RSA' D any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, void b, p:vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, ear Y .x Saw Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h 12/08/2016, and User Notes: (1682863 § 8.2,2 Claims relating to time shall be made in accordance with applicable provisions of Article 14. § 8.2,3 This Section 8.2 does not preclude recovery of damages for delay by either party under other provisions of the Design -Build Documents. ARTICLE 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION § 9.1 Contract Sum The Contract Sum is stated in the Design -Build Amendment. § 9.2 Schedule of Values Where the Contract Sum is based on a stipulated sum or Guaranteed Maximum Price, the Design - Builder, prior to the first Application for Payment after execution of the Design -Build Amendment shall submit to the Owner a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Design - Builder's Applications for Payment. § 9.3 Applications for Payment § 9.3,1 Unless otherwise provided in the Con iact Documents, At least ten days before the date established for each progress payment, the Design - Builder shall submit to the Owner an itemized Application for Payment for completed portions of the Work. El c } }v l a{ not r =vc1 # r e; rt fl a rcl:} l�; day 4 t uh tart zt;stz td Dam u+u =rat § 9.3.1.1 As provided in Section 6.3.9, Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Change Directives, or by interim determinations of the Owner, but not yet included in Change Orders. § 9.3.1.2 Ap- lslieat ms- for -1 y rte s6 ai x t n lmi +ems gists fo t>c n ent f *r } tf ns f F:c G i far u 1 l tk e l E a #iis d# ai z l do p tIIII en tionaIIy Omitted § 9.3.2 Unless otherwise provided in the Design -Build Documents, payments shall be made for services provided as well as materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. 4T amp crbt,&4n e d ,use ba + Cie .- pPayment imiy -shill similarly be made for materials and equipment suitably stored off the site at a i stmt c4-uf4m n-,* it*:g. Payment for materials and equipment stored.on or off the site shall be conditioned upon compliance by the Design - Builder with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Design - Builder warrants that title to all Work, other than Instruments of Service, covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design - Builder further warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Design - Builder's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Design - Builder, Architect, Consultants, Contractors, material suppliers, or other persons or entities emitled,to,make a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment Unless otherwise provided in the Contnm Dlscuments,the Owner shall, within seven days,after receipt of the Design - Builder's Application for Payment, issue to the Design- Builder a Certificate for Payment indicating the amount the Owner determines is properly due, and notify the Design - Builder in writing of the Owner's reasons for withholding certification in whole or in part as provided in Section 9.5.1. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TNG Th1.a — fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T AIA' Da.Tum. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vial b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 9.5 Decisions to Withhold Certification § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner's determination that the Work has not progressed to the point indicated in the Design - Builder's Application for Payment, or the quality of the Work is not in accordance with the Design -Build Documents. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Design - Builder as provided in Section 9.4. If the Design - Builder and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount that the Owner deems to be due and owing. The Owner may also withhold a Certificate for Payment cat°4weauw d setfim tly ind -mil ify l; c ^k ;r a ; r -st a C f cfi T2 1 say3ncrt p i at -is e to such extent as may be necessary to protect the Owner from loss for which the Design- Builder is responsible because of .1 d ait-et v non- conforminL: Work, including design and construction, not remedied; .2 third party claims filed tLainsi the Project for unpaid labor or materials L ith respect to amounts ;>� {r,rs- far -sra v is-1 at;or,- rrrtta- ria3s�rr- r*cis; iprt reyrt; damage to the Owner or a separate contractor cans: d -C ign- LuiEdg or .6 n kl ev ±d °n rw; aEt 4i ar v;knLg4,at- eorupk4el -will+ h matraa repeated failure to carry out the Work in substantial accordance with the Design -Build Documents and refusal to cure such deiiciencv. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.6 Progress Payments § 9.6.1 After the Owner has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Design -Build Documents. § 9.6.2 The Design - Builder shall pay each Architect, Consultant, Contractor, and other person or entity; providing services or work for the Design - Builder no later than the time period required by applicable law, Irto Peruse -cv ae an - n d ty - after rec e pt c g y+ ih>nrtl -4iv the amount to which the Architect, Consultant, Contractor, and other person or entity providing services or work for the Design- Builder is entided, reflecting percentages actually retained from payments to the Design - Builder on account of the portion of the Work performed by the Architect, Consultant, Contractor, or other person or entity. The Design - Builder shall; by appropriate agreement with each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design - Builder, require each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design - Builder to make payments to subconsultants and subcontractors in a similar manner. § 9.6.3 €ke ),ysiier= ':a=ril, rar;.recy toot -rtn l 9 l ate ;fr e €` nth l ehs ?ec . ,t .0 tr ar F'o a; a tc a l er° pia" -R-t -see AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tixm any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc. vitl b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xvndcr oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 C r tra et tF 4 ra e r a i lis d= tl oy l p t iy txt +d- d 1 C° v e 9 -la we Bab a t r h; y r r mot= t 6 =f + >.t t r a ?+ a r exc elr s s- th r v l cl iii I tit iii o n, Onuttcd. § 9.6.5 9� :grl tav n n a a tci i i: l „st l c's sh I t ci 1, n snail k iat pioNgded - 'd< 9 f 3 a ' `..flint t c>c_allt C),x i9te3. § 9.6.6 A f= i e k y t t » pRsgK d,-pxtynl t. ,t=l� 4A, OF ,rrtiR UWs l of- oeeu:,aney Of4he -F e(4 by the t�a�ateSi ;a?I-:�ot- c= t>nst�t�tta:�e-c� tt��i�r�arr;: rac�it�orcla+. z;; kvitl�tlat�c: itn- I3r: ik; I�)<>�rtr^nt�S�tte�ttiod��tlltr Omitted. § 9.6.7 Unless the Design - Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design- Builder for Work properly performed by the Architect, Consultants, Contractors and other person or entity providing services or work for the Design- Builder, shall be held by the Design - Builder for the Architect and those Consultants, Contractors, or other person or entity providing services or work for the Design - Builder, for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Design Builder, shall create any fiduciary liability or tort liability on the part of the Design - Builder for breach of trust or shall entitle any person or entity to an award of punitive damages against the Design - Builder for breach of the requirements of this provision. § 9.7 Failure of Payment If the Owner does not issue a Certificate for Payment, through no fault of the Design - Builder, within the time required by the Design -Build Documents, then the Design - Builder notice to-the Owne-F stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Design - Builder's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Design -Build Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Design -Build Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion is the date certified by the Owner in accordance with this Section 9.8. § 9.8.2 When the Design- Builder considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Design- Builder shall prepare and submit to the Owner a cemirmas%ve list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Design- Builder to complete all Work in accordance with the Design -Build Documents. § 9.8.3 Upon receipt of the Design - Builder's list, the Owner shall make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's inspection discloses any item, whether or not included on the Design - Builder's list, which is not sufficiently complete in accordance with the Design -Build Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Design - Builder shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Design - Builder shall then submit a request for another inspection by the Owner to determine Substantial Completion. § 9.8.4 Prior to issuance of the Certificate of Substantial Completion under Section 9.8.5, the Owner and Design - Builder shall discuss and then determine the parties' obligations to obtain and maintain property insurance following issuance of the Certificate of Substantial Completion. § 9.8.5 When the Work or designated portion thereof is substantially complete, the Design- Builder will prepare for the Owner's signature a Certificate of Substantial Completion that shall, upon the Owner's signature, establish the date of Substantial Completion; establish responsibilities of the Owner and Design - Builder for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Design - Builder shall finish all items on the list accompanying the Certificate. Warranties required by the Design -Build Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tixm any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design- Builder to the Owner for written acceptance of responsibilities assigned to it in the Certificate. Upon a }ra r a pt z n e u y; i€- vmci ucC ca, the Owner shall make payment of retainage apply -ter tie W�-z4; roc n thereof. Payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Design -Build Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design- Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether, or not the portion is substantially complete, provided the Owner and Design - Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design -Build Documents. When the Design - Builder considers a portion substantially complete, the Design - Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design - Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design - Builder, ptrtia, t,c un § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design - Builder shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design -Build Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Design - Builder's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design -Build Documents and the Contract fully performed, the Owner will -u+l , t cry +oa ( ; promptly issue a final Certificate for Payment. §9.10.2 c'rat ±ayr e na- an - +rfr;r ;tee ;d}a r ?pf v3E cszn €_rlu to �i De iy i ldc ertiav lx+rv- tilzr;±� : err= ic�� <3r- v��sr1�<ro�41ac °- Fk�tfn tri?zlcr, rc'4t:scetas frtra +.tea d- rral�a��€, t>rtiver rcure�t 1ry-thc at�a�;a�rabdc;- zztxa�mw� -a=ffa 5 [nt_c_s_zt� €.ns�ll }_ C9tnatTeyi. §9.10.31f, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Design - Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Design - Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design -Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m i ax2. L pnsai..rin xv,d,, ear Y .x Saw Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 by the Design - Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design -Build Documents; or .3 terms of special warranties required by the Design -Build Documents. _ A}stilic r£ic�a�- foe =l a�rr�nt; ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Design - Builder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Design- Builder shall be responsible for precautions for the safety of and reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Design - Builder or the Architect, Consultants, or Contractors, or other person or entity providing services or work for the Design - Builder; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, or structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Design - Builder shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property, or their protection from damage, injury or loss. § 10.2.3 The Design - Builder shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger, signs and other warnings against hazards, promulgating safety regulations, and notify owners and users of adjacent sites and utilities of the safeguards and protections. § 10.2.4 Vs= han-w, w =. - np s e ort 4 ,cr.4r zafdtxrti at a -e l r ni. o tHitar,affll11a*ads are neec ry f r r,xc ut <a tl - & r? 4 Dt,srgn -1 t;t1£r atlt r trn < °,t care, 44m-al&4 hies u dt upc yr r € =g l erl q ed Hsu .ant ratio t €11y Omitted § 10.2.5 The Design- Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Design -Build Documents) to property referred to in Sections 11.2.1.2 and 10.2.1.3, caused �x 4L or ii+p by the Design - Builder, the Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Design - Builder is responsible under Sections 10.2.1.2 and 10.2.1.3; except Design- Builde ,1:atl hasc; no obligation to remedy damage or loss attributable to acts or omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable �atili is t tau?E �eloo f tl c l n I' wl. The foregoing obligations of the Design - Builder are in addition to the Design-Builder's obligations under Section 3.1.14. § 10.2.6 The Design- Builder shall designate a responsible member of the Design - Builder's organization, at the site, whose duty shall be the prevention of accidents. This person shall be the Design - Builder's superintendent unless otherwise designated by the Design - Builder in writing to the Owner. § 10.2.7 The Design - Builder shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Irstit— of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, void b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 10.2.8 Injury or Damage to Person or Property. If the Owner or Design- Builder suffers injury or damage to person or property because of an actor omission of the other, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Design- Builder is responsible for compliance with any requirements included in the Design -Build Documents regarding hazardous materials. If the Design - Builder encounters a hazardous material or substance not addressed in the Design -Build Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Design - Builder, the Design - Builder shill, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner in writing. § 10.3.2 Upon receipt of the Design - Builder's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Design- Builder and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Design -Build Documents, the Owner shall furnish in writing to the Design - Builder the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Design - Builder will promptly reply to the Owner in writing stating whether or not the Design - Builder ha's,reasonable objection to the persons or entities proposed by the Owner. If the Design - Builder has an objection to,a,person or entity proposed by the Owner, the Owner shall propose another to whom the Design - Builder has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Design - Builder. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Design - Builder's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Design- Builder, the Architect, Consultants, and Contractors, and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of, tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Design- Builder brings to the site unless such materials or substances are required by the Owner's Criteria. The Owner shall be responsible for materials or substances required by the Owner's Criteria, except to the extent of the Design - Builder's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Design - Builder shall indemnify the Owner for the cost and expense the Owner incurs (]),for remediation of a material or substance the Design- Builder brings to the site and negligently handles, or (2) where the Design- Builder fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Design - Builder, the Design- Builder is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Design -Build Documents, the Owner shall indemnify the Design- Builder for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Design - Builder shall act, at the Design Builder's discretion, to prevent threatened damage, injury or loss. AIA Document A141- – 2014. Copyright t 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a — D.o ,,t t ir. 6 cute ted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhia RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc. vitl b, gvo„wtcuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 ARTICLE 11 UNCOVERING AND CORRECTION OF WORK § 11.1 Uncovering of Work The Owner may request to examine a portion of the Work that the Design- Builder has covered to determine if the Work has been performed in accordance with the Design -Build Documents. If such Work is in accordance with the Design -Build Documents, the Owner and Design - Builder shall execute a Change Order to adjust the Contract Time and Contract Sum, as appropriate. If such Work is not in accordance with the Design -Build Documents, the costs of uncovering and correcting the Work shall be at the Design- Builder's expense and the Design - Builder shall not be entitled to a change in the Contract Time unless the condition was caused by the Owner or aseparate contractor in which event the Owner shall be responsible for payment of such costs and the Contract Time will be adjusted as appropriate. § 11.2 Correction of Work § 11.2.1 Before or After Substantial Completion. The Design - Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design -Build Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement tact -t=rv: �,,n a�imi -tar xgny- cle;tgaa era ,;tdiat�t- c= ��j?r3 %,v�cat: -Ery ihr,= Ovv�cv kahar.�TM ea��a�nes dmad- scanrpcz�;;<rticoarwer�� -made art =:.a+y tl�cre *,key, shall be at the Design - Builder's expense. § 11.2.2 After Substantial Completion § 11.2.2.1 In addition to the Design - Builder's obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design -Build Documents, any of the Work is found not to be in accordance with the requirements of the Design -Build Documents, the Design- Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design - Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of the Work, if the Owner fails to notify the Design - Builder and give the Design - Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design - Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9. § 11.2.2.2 - -T - -h sac, yea pc x kT , .cc +o aft 1 iaaa? b xtend t1 it@ lx?< { act ans f 1? k # r goes forage i t ' ` aknta tai C'oml ; n ky th p < d F #, t subs4wn4iai .i On pee t>r R,a t 6a a >€uc l mantis; ga t n #` -t e n; l lfl °aati;i?R3IIy Omitted. § 11.2.2,3 The one -year period for correction of Work shall not be extended by corrective Work performed by the Design - Builder pursuant to this Section 11.2. § 11.2.3 The Design- Builder shall remove from the site portions of the Work that are not in accordance with the requirements of the Design -Build Documents and are neither corrected by the Design - Builder nor accepted by the Owner. § 11.2.4 The Design - Builder shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors, whether completed or partially completed, caused by the Design - Builder's correction or removal of Work that is not in accordance with the requirements of the Design -Build Documents. § 11.2.5 Milking ..main, 3 4i -this; See on :#-1 21 s41 4.lx Wotl Inte:ntiotxa(ly C)naittcd. § 11.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Design -Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum -,N?}- raa_be AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tixm. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, void b, p;vcr„w.cuina t.: th,- m . ax2. L prsai..rl, xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 reduced as appropriate and equitable. Such adjustment 4id mly,be effected whether or not final payment has been made. ARTICLE 12 COPYRIGHTS AND LICENSES § 12.1 Drawings, specifications, and other documents furnished by the Design- Builder, including those in electronic form, are Instruments of Service. The Design - Builder, and the Architect, Consultants, Contractors, and any other person or entity providing services or work for any of them, shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements, or for similar purposes in connection with the Project, is not to be construed as publication in derogation of the reserved rights of the Design - Builder and the Architect, Consultants, and Contractors, and any other person or entity providing services or work for any of them. § 12,2 The Design - Builder and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 12.3 Upon execution of the Agreement, the Design- Builder grants to the Owner a limited, irrevocable and non- exclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under the Design -Build Documents. The license granted under this section permits the Owner to authorize its consultants and separate contractors to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction,for the Project. If the Design - Builder rightfully terminates this Agreement for cause as provided in Section 13. 1.4 or 1321 the license granted in this Section 12.3 shall terminate. § 12.3.1 The Design - Builder shall obtain non- exclusive licenses from the Architect, Consultants, and Contractors, that will allow the Design- Builder to satisfy its obligations to the Owner under this Article 12. The Design - Builder's licenses from the Architect and its Consultants and Contractors shall also allow the Owner, in the event this Agreement is terminated for any reason other than the default of the Owner or in the event the Design - Builder's Architect, Consultants, or Contractors terminate their agreements with the Design- Builder for cause, to obtain a limited, irrevocable and non - exclusive license solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner (1) agrees to pay to the Architect, Consultant or Contractor all amounts due, and (2) provide the Architect, Consultant or Contractor with the Owner's written agreement to indemnify and hold harmless the Architect, Consultant or Contractor from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration or use of the Instruments of Service. § 12.3.2 In the event the Owner alters the Instruments of Service without the author's written, or uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Design - Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, from all claims and causes of action arising from or related to such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Design - Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration or use of the Instruments of Service under this Section 12.3.2.'1 o r ot's1 ; cE zt ?3? lx+ o-: z ly>1 -sf o Ovr r i lrtfnlfy orrnindEtgrccn f rr eatne under `ie c tions .13, i 4 of :1.3.2-.2- ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination or Suspension Prior to Execution of the Design -Build Amendment § 13.1.1 If the Owner fails to make payments to the Design- Builder for Work prior to execution of the Design -Build Amendment in accordance with this Agreement, such failure shall be considered substantial: nonperformance and cause for termination or, at the Design - Builder's option, cause for suspension of performance of services under this Agreement. L k t end t v >r1 lu t gn Eau {<i I al(g vn d ty E ;ra the event of a suspension of the Work, the Design- Builder shall have no liability to the Owner for delay or damage caused by the suspension of the Work. Before resuming the Work, the Design- Builder shall be paid all sums due prior to suspension and any expenses incurred in the AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a — fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e U111th —i,.ed rep—d --111 oz di l.zabu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 interruption and resumption of the Design - Builder's Work. The Design - Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13.1.2 If the Owner suspends the Project, the Design- Builder shall be compensated for the Work performed prior to notice of such suspension. When the Project is resumed, the Design - Builder shall be compensated for expenses incurred in the interruption and resumption of the Design - Builder's Work. The Design- Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13.1.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Design - Builder, the Design - Builder may terminate this Agreement-by days -arses rota; =e. § 13.1.4 ls;ther -party n -a to a na this Agri me :uffn- wrti:les. tlKR -s ,, max days' :w h =q a ?rec l ..i <I k c otire 1 >ar4yA4R U4Ysian4 -iA4y p rata :t F t. >rd ne -v ?ra1:e t r o:` +h A i, su o thro la satt 8au of €1x, ptst y ikazttauy -tls t; °;rnait;;stiwae7�ttcn:[iortally Qmitwd. § 13.1.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Design - Builder for the Owner's convenience and without cause. § 13.1.6 In the event of termination not the fault of the Design - Builder, the Design - Builder shall be compensated for Work performed prior to termination, together with Reimbursable Expenses then due and any, other expenses directly attributable to termination for which the Design - Builder is not otherwise compensated. In no event shall the Design - Builder's compensation under this Section 13.1.6 be greater than the compensation set forth in Section 2.1. § 13.2 Termination or Suspension Following Execution of the Design -Build Amendment § 13.2.1 Termination by the Design - Builder § 13.2.1.1 The Design- Builder may terminate the Contract if the Work is stopped for a period of 30 consecutive days itye- - s tmt Ter, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that,requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Owner has not issued a Certificate for Payment and has not notified the Design- Builder of the reason for withholding certification as provided in Section 9.5.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Design -Build Documents; or .4 The Owner has failed to furnish to the Design - Builder promptly, upon the Design - Builder's request, reasonable evidence as required by Section 7.2.7. § 13.2.1.2 The Design - Builder may terminate the Contract if- tlweuA& -n aet of 4auk ot't1u D ga I�r the <^ , 7t,- -t t- ° °�ltat t nt dr I d a d r�u`r r I +r er i t y cfm.aatxlea=.dr� c e ca afire t a;oWr,,w+A"t4 t3 e 13 :yn Il id s. refwiA a! suspensions, delays or interruptions of the entire Work by the Owner as described in Section 13.2.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 -60 days in any 365y -day period, whichever is less. § 13.2.1.3 If one of the reasons described in Section 13.2.1.1 or 13.2.1.2 exists, the Design - Builder ray, upon seven days' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 13,2.1.4 If the Work is stopped for a period of € 0-30 consecutive days tlrrybug; -no -act o-t fm* crl the Design -RuikI r any tiEx pcwau or-ent,taes per ffminsg per en,, oF4ht-N od_und H1on1 ac t.:as ith ,w kart- ,,,i&TB"def- because the Owner has repeatedly failed to fulfill the Owner's obligations under the Design -Build Documents with respect to matters important to the progress of the Work, the Design- Builder may, upon seven additional days' written notice to the Owner, terminate the Contract and recover from the Owner as provided in Section 13.2.1.3. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights d. AAiU:TPSC: Th1.a AW fi %oex ""'t ir. Iruteoted by U.S, Copyright La axd T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D "Y pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m i ax2. L pnsai..rin xvndcr oc Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 19036'} ?808 3 h—h o p�r — 12/08/2016, and i U.— ..te (1.6828534 § 13.2.2 Termination by the Owner For Cause § 13.2.2.1 The Owner may terminate the Contract if the Design- Builder to i s ndiealt w4flai r -a with-4ie i ti t; au i'z n} fltE n -2 repeatedly refuses or fails to supply an Architect, or enough properly skilled Consultants, Contractors, or workers or proper materials; .32 fark, -tw mak- pay+xa nt-Rc lie- fi,+6kt4, C r al an , or C x t acto €o sc ^r kabor.in d:- nc�r:Faa�c�e c= itlrtl�i�aa:�a�:� -c apr; tra?< n# �rit?attx :- l�e;�agrs- L'aatdatsr; 4—repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .33 is otherwise guilty of s* st m4i ai- material breach of a provision of the Design -Build Documents. § 13.2.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design - Builder and the Design - Builder's surety, if any, ea -mij 1O days' written notice and ct p lunitr fo ua�e 2t_vom enc rim terminate employment of the Design - Builder and may, subject to any prior rights of the surety_: Alx�iettie - #1te isctiit =rt- €3triicier- €r'a3raa ttt�€t�sanci ttal��- pxasares�i�>ta -ol-a E- ara�;t:riazisp,octttid�mert #. te*:�la;; toad sear^, i+ tnt+ on- ��tttlraacni- atxd- +ma�aainct�a =ifaa rwcaa2 -et* weed lry_th iv�n -lit' tt(de+ , ,2 - � &c-a afrt�:= taaza€ iat- ca #�lak= 1?,�cattc� te�onsaakant�:ad t'�raatra:t�ar agr��naatjata, -}a€�r ?s�nat tc> ,3 Ffinish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Design - Builder, the Owner shall furnish to the Design - Builder a detailed accounting of the costs incurred by the Owner in finishing the Work. § 13.2.2.3 Wlacaa-;s- v er tin atet;-to,,A'sat# ie? 44 Re-44 § 13.2.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design - Builder. -arid -d cages «;�c'Ud t?i€- mapaaacl- iaa €iaa�a ;, tl- ida ±,igir- Efcti(tde�s:�aii -iaa�r d- dae�iat#�;r� ta��c�- flattr «;r�3rt:- olalagasitan��;e -wz�!i pat new, shat -w Ave d rm ro f c t "€ nt a § 13.2.3 Suspension by the Owner for Convenience § 13.2.3.1 The Owner may, without cause, order the Design - Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 13.2.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 13.2.3.1. Adjustment of the Contract Sum shall include profit. a s itk tinent hca i b -rmc d r 8h exEeeat -fi t6n ape i w an c a;, or A%itdd ! c tx r. s€ } es del d day l Oar -ka ed4y-ao,(- or erus fear tvireb tlra- D€=sigs:- €3artkle�t�xanfiYib?s; rsr § 13.2.4 Termination by the Owner for Convenience § 13.2.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 13.2.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Design- Builder shall .1 cease operations as directed by the Owner in the notice, .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and, .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Project agreements, including agreements with the Architect, Consultants, Contractors, and purchase orders, and enter into no further Project agreements and purchase orders. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Thi.a A- fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' D- " pv —ti", of it., m s IL in s _i,i�. ev .f urinal p,�nalti -- , .Arc, vitl b, p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xvnder oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 Formatted: AIA Agreement Body Text Formatted: AIA Agreement Bodv Text § 13.2.4.3 In case of such termination for the Owner's convenience, the Design - Builder shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION § 14.1 Claims § 14.1.1 Definition, A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Design - Builder arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 14.1.2 Time Limits on Claims. The Owner and Design - Builder shall commence all claims and, causes of action, whether in contract, tort, breach of warranty or otherwise, against the other, arising out of or, related to the Contract in accordance with the requirements of the binding dispute resolution method selected in Section 1.3, within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Design - Builder waive all claims and causes of action not commenced in accordance with this Section 14.1.2. § 14.1.316 egw-of GWno;lntent "sona6l� OmitP.ed b a lrn not o l e v e Eaee v d g tw ;ua is Seetiens 4; WA- er.('.' 4._5, ; usF- Ire -mi# ak-- d-lr}"rampt_v;-r Ikon ncrtrct ttr tk� wtl�a p��t�v�lrc= rxrtia>a- regtrirt +gent- : +r= .9cctio =t -i �; -? -'n band-€ hn- ltri ,3ri453cc+�>ica+ratclrtit:�:t rs:r ,crnc.liti*n pae ienNO macs at w in Seciien 14,2 Psha4 mA appty- § 14.1.4 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design- Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design -Build Documents. § 14.1.5 Claims for Additional Cost. If the Design - Builder intends to make a Claim for an increase in the Contract Sum, 14E sig,1 uild_or sh all endeavor ig _mt idc,_written notice xra{ eo tl { 1 ra n sb, F ba -= te* before proceeding to execute the portion of the Work that relates to the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 14.1.6 Claims for Additional Time § 14.1.6.1 If the Design- Builder intends to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design - Builder's Claim shall include an estimate of cost and ofprobable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.. ,` § 14.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of times could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 14.1.7 Claims for Consequential Damages The Design- Builder and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income,) profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Design - Builder for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a — fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Smith —i—d r pdua4 oz di l.zabu G.ian of lhi.T AIA' Da.Tum. any pv —ti", of it., m s IL in s _i,i�. ev .f mina) pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 13. Nothing contained in this Section 14.1.7 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Design -Build Documents. § 14.2 Snitial : Won n� d a?iit d ,1- An.in4ia9 d; =.c h ii..he- R,*.ju4 -KI as, and p c e < l a1 4 p i&+ r be4vme€?44e .t=?wi r ia,- �a�:txt�, En-( 4�vara= :,lxal3- r:�nd�a= ti3c- itriki;ai- to *c= isicu� -«>n a'dAzsr r.lacl�, a of x t it eva uaw-gie I e n +Irv; : leelge v pe t e v Fi vas h e « n ret :le+ dew si;>r . The reEei- Rion -" -14:2 d k r; v+ t rl 8 n atn t? ; i ig l l dcr, tf P r x u bui - el >l l g a k no F he -sur tg; i€a, ttr�oftla�- r�odt�; t-arnl ;t��+r }apt � €t4rc- C�ttsta. lf- 3;:+ -t =latter r41;ate§- tc;- ,rlx�e.sil�ility -cat -r l�sigrik{a. =� €#e4a�r4t� -iiae ardailcv with- app4e4b4t= aw § 14.3 Mediation § 143.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 14.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TNG Th1.a — fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T AIA' Da.Tum. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .Iti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m i ax2. L prsai..rl, xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 14.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section 14.3.2, the parities may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 14.3.3 The parties shalt share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. ire PA,,i- fined 4grecrr reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. § 14.4 Arbitration § 14.4.1 If the parties have selected arbitration as the method for binding dispute resolution in Section 1.3, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the patties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with -its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering; the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 14.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations or statute of repose. For statute of limitations of statute of repose purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 14.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may entered upon it in accordance with applicable law in any court having jurisdiction. § 14.4.3 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duty consented to by parties to the Agreement, shall be specifically enforceable under applicable law iti any court having jurisdiction thereof. § 14.4.4 Consolidation or Joinder § 14.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, and (2) the arbitrations to be consolidated s�atr4ixi4linvolve common questions of law or fact. �+tad(� }tla£.�rslriira�a�,- curl+ ay- matcri�il4y�imr :d;�s- pr�ae�°�lut,�; €ttic�- ai�d+m�tlz£x§, i't>r<,ei;€ing- ��rl�it {ator{s}. § 14.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 14.4.4.3 The Owner and Design - Builder grant to any person or entity made a party to an arbitration conducted under this Section 14.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Design - Builder under this Agreement. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Governing Law The Contract shall be governed by the laws, of the s e 4e0ed arbatFa4o, -:i4- 1+k, -H ,4;v A t 4,iWmg, disffttr- re�solutiirn. 3444— ,4a a l --Sve 4m-44 4. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a — ":oex.rtent ir. 6ruteoted by U.S, Copyright La and Treatie..e Snauth —i,.ed repx duc.l oz di l.zabu G.ian of lhi.T RSA' Da.Tixm any P—ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc. vitl b, p;vcr„w.cuina t.: th,- m i ex2. L pnsai..rin xvndcr �c Y .x few lr:.s draft ,i p..od,ced by AA .,o. t -,..e at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 vxhich a p�r — 12/08/2016, and User Notes: (1682863 § 15.2 Successors and Assigns § 15.2.1 The Owner and Design- Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the covenants, agreements and obligations contained in the Design -Build Documents. Except as provided in Section 15.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 15.2.2 The Owner may, without consent of the Design- Builder, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Design - Build Documents, i c3t,dta t17os lrltg<.ti;ans snuut_rg;l priE?r ti? th ci<tt< >l 5 v =,_n nCT11. The Design -- Builder shall execute all consents reasonably required to facilitate such assignment. § 15.2.3 If the Owner requests the Design - Builder, Architect, Consultants, or Contractors to execute certificates, other than those required by Section 3.1.10, the Owner shall submit the proposed language of such certificates for review at least 14 days prior to the requested dates of execution. If the Owner requests the Design- Builder, Architect, Consultants, or Contractors to execute consents reasonably required to facilitate assignment to a lender, the Design - Builder, Architect, Consultants, or Contractors shalt execute all such consents that are,consistent with this Agreement, provided the proposed consent is submitted to them for review at least 14 days prior to execution. The Design - Builder, Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services, § 15.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 15.4 Rights and Remedies § 15.4.1 Duties and obligations imposed by the Design -Build Documents, and rights and remedies available thereunder, shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 15.4.2 No action or failure to act by the Owner or Design - Builder shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 15.5 Tests and Inspections § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design -Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design- Builder shall make arrangements for such tests, inspections and approvals with an mr doly r es i E ut fir- entity mason,, )IN acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals ih ftr( vided 1m in ti, Contract Documents. Thi l on rcglacmt. the Design - Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design- Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design - Builder to make arrangements for such additional testing, inspection or approval by an entity s us mLaWy acceptable to the Owner, and the Design - Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner's expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5,2 reveal failure of the portions of the Work to comply with requirements established by the Design -Build Documents, all costs made necessary by such failure shall be at the Design - Builder's expense. AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American Institute of Architects. All rights x ved. AAiU:TPSC: Th1.a MA' fi %oex ""'t ir. 6ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tixm. any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, vitl b, p;vcr„w.cuina t.: th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i p..od,ced by AA .,opt -, re at ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h o p�r — 12/08/2016, and User Notes: (1682863 § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design -Build Documents, be secured by the Design - Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design -Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design -Build Documents shall be made promptly to avoid unreasonable delay in the Work. § 15.6 Confidential Information If the Owner or Design - Builder transmits Confidential Information, the transmission of such Confidential Information constitutes a warranty to the party receiving such Confidential Information that the transmitting party is authorized to transmit the Confidential Information. If a parry receives Confidential Information, the receiving party shall keep the Confidential Information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 15.6.1.- § 15.6.1 A party receiving Confidential Information may disclose the Confidential Information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court ougovernmental entity. A party receiving Confidential Information may also disclose the Confidential Information to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of Confidential Information as set forth in this Contract. § 15.7 Capitalization Terms capitalized in the Contract include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 15.8 Interpretation § 15.8.1 In the interest of brevity the Design -Build Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 15.8.2 Unless otherwise stated in the Design -Build Documents, words which have well-known t construction industry meanings are used in the Design -Build Documents in accordance with such meanings. ARTICLE 16 SCOPE OF THE AGREEMENT § 16.1 This Agreement is comprised of the following documents listed below: .1 AIA Document A141T'L-2014, Standard Form of Agreement Between Owner and Design -I .2 AIA Document A141TV- -2014, Exhibit A, Design -Build Amendment, if executed .3 AIA Document A141TM -2014, Exhibit B, Insurance and Bonds .4 AIA Document A141TN 2014, Exhibit C, Sustainable Projects, if completed .5 AIA Document E203T111-2013, Building Information Modeling and Digital Data Exhibit, if AIA Document A141- – 2014. Copyright a 2004 and 2014 by The American In—t— of Architects. All rights x ved. AAiU:TPSC: Th1.a -A' fi %oex ""'t ir. 8ruteoted by U.S, Copyright La and T,— tie..e Snauth —i—d r pdua4 oz di l.zabu G.ian of lhi.T RSA' Da.Tum any pv —ti", of it., m s IL in s _i,i�. ev .f urinal pr .1ti -- , .Arc, void b, p;vcr„w.cuina t., th,- m . ax2. L pnsai..rin xv,d,, oc Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 h—h 12/08/2016, and User Notes: (1682863 This Agreement entered into as of the day and year first written above. OWNER (Signature) tt rttc (Printed name and title) DESIGN - BUILDER (Signature) AIA Document A141- – 2014. Copyright t 2004 and 2014 by The American Institute of Architects. All rights d. AAiU:TNG Th1.a -A' D" """'t ir. p"',t"ted by U.S' Copyright La 'and TI— tie..e U111th —i,.ed repx,oduc.11an oz di l.zabu G.ian of lhia RSA' Da. any p,,t,i,5r of it., m s IL in s _i,i�. ev .f urinal pr ,1tix .Arc, aUt b. p;vcr,,,'pcui na C.. tsx., m ax�2. i^ pnsai..rin —d— eas Y .x law Iris draft ,i r..od,ced by AA .,opt -, re a.. ._:20:29 on 0]12812016 —d— Order ho 1903632808 3 vxhich 12/08/2016, and User Notes: (1682863 Agenda No. 4. ei IRIUM City Council May 12, 2020 Meeting: Department: Purchasing & Asset Management Subject: Workshop Discussion regarding City Purchasing Policy - Discussion regarding proposed changes to the City Purchasing Policy. (J. Kurz /J. Gohlke) The Purchasing Department with the Support of City Management is proposing to modify the Purchasing Policy to align with Local Government Code 252. With this revision, two changes would be made to the policy. Change l: Eliminate the need to take cumulative purchases with a single vendor exceeding $50,000.00 for authorization. With this revision, all purchases /projects with an overall contract value exceeding $50,000 would still be presented to council for review and approval prior to the purchase being made or a contract executed. (Reference Texas LGC 252.041) The currently policy requires Staff to request authorization from City Council to exceed $50,000 in cumulative purchases with a single vendor during a single fiscal year. For example: Department 1: Purchases Office Furniture from Vendor A in the amount of $25,000.00 in November Department 2: Purchases Computer Equipment from Vendor A in the amount of $15,000.00 in January Department 3: Purchases Warehouse supplies from Vendor A in the amount of $9,000.00 in February Department 4: Plans to purchase office supplies and a desk chair from Vendor A in the amount of $1,100.00. This purchase would take Vendor A over the cumulative purchase amount of $50,000 so Department 4 now is required to put together a CCM /Resolution for Council approval prior to being able to make their purchase. The $50K cumulative requirement creates an undue administrative burden on staff to track separate and unrelated purchases across all City departments. As recently discussed, this is a manual, time - consuming process as the City's financial system is not equipped to properly track or monitor this. Change 2: Modify the small dollar purchasing threshold from $1,000.00 to $3,000.00 to align with Texas LGC 252.0215 The small dollar purchasing threshold is the threshold that requires a minimum of three (3) bids be obtained by the department prior to making an award. The $1,000 threshold was put in place prior to 2011 . and creates a significant amount of workload for staff. As labor and material rates continue to increase, Staff finds it necessary more often than not to seek additional bids ultimately delaying a much - needed repair to facilities such as HVAC, Electrical, and Plumbing. The proposed changes to the City Purchasing Policy are in alignment with the City's benchmark and surrounding City Operations, other Cities covered by COS Legal Council, and Local Government Code 252 which outlines procurement requirements for municipalities within the State of Texas. GOAL The goal with the proposed modifications are to align City of Schertz Purchasing Policy with State of Texas :Local Government Code, Benchmark Cities, and other cities covered by COS Legal Council. In addition, City operations would gain efficiencies that would allow smaller repairs and projects to be completed more quickly. COMMUNITY BENEFIT The benefit to the community with this change would be to allow City Departments to more effectively and efficiently respond to the needs of the City. SUMMARY OF RECOMMENDED ACTION Although the City Charter delegates the approval to make Operational Policy Changes to the City Managers Office, Purchasing and CMO wish to ensure that Council and Staff are in agreement on the recommendations. This policy change does not carry any fiscal impact. RECOMMENDATION Staff recommends City Council concur with the recommended changes to the Purchasing Policy. Attachments Policy Change Hilights r,W& vroposed Pol*icy Changes I I M Modify the small dollar purchasing threshold from $1,000.00 to: $3,000.00 to align with Texas LGC 252.0215 * Small dollar purchases can be made without soliciting 3 bids Alignment with Texas LGC 252 Alignment with Benchmark Cities ltcre.?-,se4 efficiem"es-- COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY ei IRIUM City Council May 12, 2020 Meeting: Department: City Secretary Agenda No. 5. Subject: Workshop Discussion and Update (Ordinance 20 -H -15) - Discussion and update regarding the COVID-19 virus and our current Ordinance No. 20 -H -15 Declaration of Local Disaster. (M. Browne /K. Kong) Staff will provide Council with an update regarding the COVID -19 Virus. Discussion will include how Phase 1 is progressing and update on the number of cases. Attachments 20 -H -15 Ordinance r� ` i i i 1 �'i ■ -� i'!1 � i' . i 1 i i . . �r r; � r � ,i i� r �• i r r � � � � �; r a.� � r �� r r � i i. �_. • i ' •i through April 30, 2020, the same social-distancing restrictions and other obligations for 'Texans according to federal guidelines, it offered a safe, strategic first step to Open Texas, including permitting retail pick-up and delivery services; and WHEREAS, Texas must continue to protect lives while restoring livelihoods, both of which can be achieved with the expert advice of medical professionals and business leaders; w,,-t d WHEREAS, pursuant to the Texas Disaster Act of 1975, the Mayor is designated as the 1--tmergency Management Director of the City • Schertz, and may exercise the powers- granted by the governor • an appropriate local scale; and L610-11 OWN VIVMr#.&IIV t M-W and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be impacted by COVID- 19; Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part • the judgment and findings of the City Council. Section 3. Pursuant to §418.108(c) of the Government Code, this declaration of a local state of disaster and public health emergency shall be given prompt and *general publicity and shall be filed promptly with the City Secretary. Section 4. Pursuant • §418.108(d) • the Government Code, this declaration of a local state of disaster and public health emergency activates the City of Schertz, Texas, emergency management plan. Section 5. Pursuant to § 122.006 of 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 • parts thereof, which are in conflict • 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- 18, • any subsequent emergency orders • Governor Abbott. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision • this Ordinance or the application thereof to any person • circumstY nce shall be held to be invalid, the remainder • 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 th, 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. I ;;ection 11. Should Governor Abbott lift the statewide disaster orders now in place prior to t1z' date of expiration stated herein, this ordinance shall no longer be subject enforcement by the City and shall be repealed by the City Council at the first legal posted meeting thereafter. I Section 12. This Ordinance shall be in force and effect from its first and final passage, and any publication required by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS THIS ORDINANCE WAS PASSED, ON FIRST AND FINAL READING, THE 28th DAY 0 F A- RJM & TTI S : J r Brenda Dennis, City Secretary S11"11 CIVIII-S-171 ITIRIMMI extent they are not already "essential services:" customer's doorstep. /., � i' -: li' 1!'. i 1 I:• i`ii - ►, 1 + �1 • -►•- `l - obtaining other essential or reopened services, visiting parks, hunting or fishing, or engaging i-m physical activity like jogging, bicycling, or other outdoor sports, so long as the necessary precautions who are not in the same household. Mmal * un, I *M-0.14-- Moll. IN "'11"I Mia 1AW1;KM c 11aw VWT i JLWJ_&%1JWikQAT tattoo studi ercin r deliveiTi Qseiercin • studios. • osmetolo • ki salons. The use • drive options for food and drinks remains allowed and highly encouraged throughout the limitet duration of this executive order. SECTION 9.To the extent of a conflict between this Order and the orders of the Governor or a county judge of Bexar, Comal or Guadalupe County, those orders prevail to the extent of any conflict. SECTION 12. Any peace officer or other person with lawful authority is ftu-ther authorized to enforce the provisions of this Ordinance or the orders of the Governor in accordance with the authority granted under the Texas Disaster Act • 1975, as applicable, which allows a fine not to exceed $1000.00 and confinement not to exceed 180 days -tursuant to Government Code 418.17_3'�_- R3 X091"IMNAM so I Ve'; 171=171 T-C Fus='Unt i t •• j t I WI MUM 0=6 V,-Ufc the duration of the Mayor's Declaration of Public Health Emergency and any extension by the Schertz; City Council. SECTION 14. This Emergency Order amends and supersedes the Emergency Order extended by Ordinance No. 21 -H- 13. Agenda No. 6. CITY COUNCIL MEMORANDUM City Council May 12, 2020 Meeting: Department: Human Resources Subject: workshop Discussion regarding the staffing study - Presentation of Staffing Study Report (M. Browne /C. Kelm /J. Kurz) BACKGROUND At the direction of Council, the City released a Request for Proposals (RFP) for a staffing study, and two proposals were received. Proposals were reviewed and scored based on criteria including qualifications and experience, company operational information, cost, reputation, capability, resources, and project design and strategy. After evaluation and review of all proposals, the Matrix Consulting Group was identified as the highest - ranking finn and Council approved Resolution 19 -R -48 authorizing the City Manager to enter into an agreement with them to conduct a Staffing Study. The staffing study consisted of review of the City department's workload and performance measures, and those of comparable governments to assess appropriate staffing needs. It is important to note, however, that there are many variables that impact comparison between cities, including operating budgets, community priorities, level of outsourcing, geography, and departmental organization. Initial actions included of an overall review of positions and respective responsibilities, services and activities. The study consisted of the following activities performed by Matrix: i. Development of department profiles by reviewing staffing levels, budget size, work flow and use of information technology Interview of staff to obtain operational - specific data (both on -site and telephone) 3. Comparison of City departments to other like- situated municipalities 4. Data compilation, review and analysis Matrix will be presenting an overview of the study process, methodologies, and their findings and recommendations by department. Below is a summary of the findings and recommendations. Notable themes that emerged: ' Overall, the City of Schertz is providing high levels of customer service to the public and generally providing services at a level higher than might be expected with current resource allocations. 2. There is a strong focus on customer service and responsiveness to the public. I Some services are provided at levels matching or exceeding relevant industry standards. Where services are not in alignment with these standards, specific staffing recommendations have been proposed to address the staffing requirements. 4. There is strong inter - departmental cooperation and coordination in provision of services. 5. Generally staffing levels throughout the organizational structure have lagged behind the workload increases that would warrant adding additional staff. 6. There is inconsistent use of existing data within the organization and software systems to document and project workloads across all departments. This limits, to some extent, the ability of the organization to effectively plan, manage, and understand emerging service trends. T There have been historical difficulties in recruiting and retaining individuals for some positions (including key department leadership positions) which has resulted in the organization facing operational impacts and limited implementation of programs or approaches that would be expected to be in place. s. Higher growth rates in recent years has impacted the organization, across multiple departments, and has resulted in service constraints and staffing limitations in providing services to the community. 9. Some organizational structure changes have been implemented to address specific operational issues, or to take advantage of specific skills of individuals, that are not in alignment with typical organizational structures seen in other local governments. While these have been effective, they have resulted, in some cases, in a unique structure within the City of Schertz. Recommended # of Positions and Costs By Year 2021 2022 2023 2024 2025 # Positions 45 4 2 12 10.5 Cost $1,649,107.00 $178,630.00 $75,187.00 $689,725.00 $325,62, Staff understands that implementation of all recommendations within the specified timeframes will not be feasible, but the findings will provide an excellent tool to prioritize staffing and other organizational changes during the budget process. Attachments staffing study Staffing Studyfl'hal Report m mm consulting group Table of Contents 1. Introduction 1 2. City Manager's Office 1 3. City Secretary 4. Economic Development 5. EMS 31 6. Engineering 7 7. Finance 4 8. Fire 9. Fleet & Facility Services 10. GIS 11. Human Resources . 12. lnform iOn Technology 111 13. Library 1 1 , : arks create 1 15. Plannin nd:,Comm'unity Development 13 1 ," Police 145 17. Publo Affairs 18. Public Works,:- 187 19, Organizational Structure Analysis 1 Appendix A — Sample Performance Metrics 204 DRAFT Staffing Analysis SCHERTZ, TEXAS 1111 INTRODUCTION AND EXECUTIVE SUMMARY This document provides an overview of the key operational, technological and staffing modifications necessary to enhance service delivery, improve operational practices, and /or address staffing limitations. The following report presents the results and findings of the study. 2. Key Themes Matrix Consulting Group Pugs 1 DRAFT Report can the Staffing Study SCHERTZ, TEXAS cases, in a unique structure within the City of Schertz. Many of the limitations noted above have been recognized by staff prior to or during the conduct of this evaluation and efforts are underway to mitigate or eliminate these potential impediments for greater efficiency and effectiveness in the organization. 3. Listing of Recommendations. The following table summarizes the key recommendation contained in the report — grouped by department. For each recommendation, there is a priority and timeframe listed to provide guidance during implementation. T�he estimated costs of each position is provided in the following section. RECOMMENDATION Am 2 A Management A lyst positionshould be added to the City Manager's Office and tasked with overseeing the development and implementation of an enhanced City's performance management program, oversight of the annual work plan Droaram, and Drovidind analvtl al support ,6 the entire 3, The City should expand on their existing performance measures by identifying and adapting additional performance and workload measures to regarding, the organization's nerformance and accomolishments. CITY SECRETARY'S OFFICE 1Co: 1 Medium 2021 Off: 4 No change in:staffing,alloations or operational practices. n/a nla ECONOMIC DEVELOPMENT 5 Establish written outcome -based performance measures to Medium 2021 better gauge the success of Economic Development efforts. 6 Consider the use of Customer Relationship Management Medium 2021 (CRM) software to increase staff efficiency and effectiveness. Matrix Consnifing Group rage 2 DRAFT Report on the Staffing 3tUdy CH RT , TEXAS 14 RECOMMENDATION PRIORITY TIMEFRAME EMERGENCY MEDICAL SERVICES 7 Add a full -time Instructor to assist the Training Coordinator in the delivery of courses. Medium 2021 8 Continue to measure travel time performance and add units as needed to ensure travel time performance meets the performance expectations of the community. Hgh Ongoing 9 Examine the shift schedule and consider staffing shorter shifts for highly utilized ambulances. High Ongoing 10 Hire an Assistant EMS Director. Medium' 2025 11 Hire a Logistics Officer. Medium 2025 12 Hire an Administrative Assistant. Medium 2022 13 Add a part -time Billing Clerk. Medium 2021 14 Create the position of Administrative Assistant to suppod,the Medium 2021 City Engineer and th,& Engineering Department. 15 Project Managershould manage both verticl'snd horizontal High 2021 capital constrg tir n projects. 16 Increase authorized Engineering Inspector positions from 2 to High 2021 3. 17 Increase authorized Engineering positions from 3 to 5. Medium 2021 18 = .Increase authorized :PrJoect Manegement positions from 1 to 2 High 2021 19 Increase authorized Engineering Inspector positions from 3 to Medium 2023 4. 20 Increase authorized Engineering positions from 5 to 6 Medium 2024 21 Increase authorized Engineering positions from 6 to 7. Medium 2029 FINANCE 22 Reduce the number of Utility Billing read and cycle dates to 2. Medium ASAP 23 Automate electronic utility billing payment receipting and the Medium ASAP online new account setup processes. Matrix Consu Ping Croup Page 3 DRAFT Report on the Staffing Study CHERT , TEXAS 37 The City should convert the ownership of all departmental Medium 2021 vehicles and equipment to the Fleet Division. 38 The Fleet Division should enhance controls over its parts High 2021 inventory. Matrix Consulfing Croup Page RECOMMENDATION PRIORITY TIMEFRAME 24 Provide online public access to frequently used court High ASAP documents. 25 Increase authorized Utility Billing Clerk positions from 4 to 5. Medium 2022 26 Increase authorized Municipal Court Deputy Clerk positions Medium 2021 from 3 to 4. 27 Increase authorized Municipal Court Deputy Clerk positions Medium 2024 from 4 to 5. 28 Increase authorized Utility Billing Clerk positions from to 6. Mediurn 2029 29 Increase authorized Municipal Court Deputy Clerk positions Medium 2030 from 5 to 6. FIRE 30 Add an additional Deputy Fire Marshal position in 2021.'', : High Ongoing Continue to monitor the growth in the City '46d add an additional Deputy Fire Marshal (inspector) as rrirkload demands indicate a need for an addition4t positions, 31 Establish and moniterturneut time performance on monthly High Ongoing basis and report t ,performance to each stations 32 Continue to nieesure travel time performance and construct High Ongoing new stations to ensure travel time peo0tmance meets the performance expectations of the community. 33 Staff tha (adder company dt:Station 2 with thtce () additional Medium 2021 personnel daily fora total of 3 Captains, 3 Driver /Operators, and 3 Firefighters. 34 Hire -a dedicated Emergency Management Coordinator. High 2022 35 Increase staffing by 3 Lieutenants, 3 Driver /Operators and 4 High 2024 Firefighterstt staff Station 4. 36 Increase staffing b Lieutenants, 3 Driver /Operators and 4 High 2029 Firefighters to staff Station 5. FLEET 37 The City should convert the ownership of all departmental Medium 2021 vehicles and equipment to the Fleet Division. 38 The Fleet Division should enhance controls over its parts High 2021 inventory. Matrix Consulfing Croup Page DRAFT Report on the Staffing Study SCHERTZ, TEXAS HUMAN RESOURCES AND PURCHASING 47 The Department should develop a fr ethodology for predicting High 2021 upcoming retirements based o age and',years of service of employees and update It at least annually to anticipate which efnoloveesand skills will rred to be replaced. 50 Ensure a complete inventory of capital assets occurs at least High 2021 annually. 51 Audit a sampling of inventory at least three times annually Medium 2021 52 Create and fill a position of Purchasing Specialist Medium 2021 INFORMATION TECHNOLOGY Matrix Consu Ping CroUp Page 5 RECOMMENDATION PRIORITY TIMEFRAME 39 The Fleet Division should hire a Parts Clerk to administer the High 2021 parts inventory. 40 The Fleet Division should hire two Fleet Mechanics in 2021 High 2021 and increase in future years as fleet expands. 41 The Facility Services Division should develop and install a High ASAP preventive maintenance program for all City facilities. 42 Add an additional mechanic. High 2025 43 Add an additional mechanic. Medium 2030 HUMAN RESOURCES AND PURCHASING 47 The Department should develop a fr ethodology for predicting High 2021 upcoming retirements based o age and',years of service of employees and update It at least annually to anticipate which efnoloveesand skills will rred to be replaced. 50 Ensure a complete inventory of capital assets occurs at least High 2021 annually. 51 Audit a sampling of inventory at least three times annually Medium 2021 52 Create and fill a position of Purchasing Specialist Medium 2021 INFORMATION TECHNOLOGY Matrix Consu Ping CroUp Page 5 DRAFT Report can the Staffing Study SCHERTZ, TEXAS 62 RECOMMENDATION PRIORITY TIMEFRAME 53 Provide at least one hour of cybersecurity training /education High ASAP annually to all City employees. 63 54 Continue to ensure at least one IT employee is a Subject High Ongoing Matter Expert (SME) for each software and hardware system in use by City Departments. 8 Hire an additional Library Clerk 55 In 2021, create and fill the position of Information Technology Medium 2021 Supervisor. 56 Fill one additional Client Services Technician position. Medium 2021 57 Assign the newly created IT Supervisor position ov6rsi ht High 2021 responsibility for the Senior Computer Support Systems 66 Increase authorized Library Clerk positions from 14 to 15. Engineer, Client Services Technicians, and the Help Desk 2030 Coordinator. 58 If additional positions in the City are implemented s- Medium 2030 DEPARTMENT recommended, an additional Client Services Tech/Help Desk Tech will be required in 2022. In 200, inprease authorised Client Services Tech/Help Desk Tech - positions from 5 to 6 based upon projected workload. 62 'Hire an additional Children's Library Clerk. Medium 2021 63 Hire an additional Library Assistant. Medium 2021 64 Hire an additional Library Clerk Medium 2021 65 Increase authorizl'.ibrary Clerk positions from 13 to 14. Medium 2025 66 Increase authorized Library Clerk positions from 14 to 15. Medium 2030 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Matrix Consulting group Page 6 DRAFT Report can the Staffing Study SCHERTZ, TEXAS PLANNING AND COMMUNITY DEVELOPMENT 73 Implement a Master Building Plan Approval Process to RECOMMENDATION PRIORITY TIMEFRAME 67 The Parks, Recreation and Community Services Department High 2021 should purchase and install a more robust computerized 74 Increase Planners from tb 4 with the additiort Of a Senior High 2021 maintenance management system that facilitates the recording and analysis of work accomplished. 75,:, Increase authorized Pians Examiner positions from 1 to 2. 68 The Department should first investigate the feasibility of Higgh 2021 76 Longer -term, once staffing limitations in the plans examiner utilizing the same computerized maintenance management and building inspections functions are addressed, the City system as that used in the Department of Public Works or if a position or one of the Permit Technician positions. new system is chosen to jointly select a new platform for city- wide use. 69 The Parks Maintenance Division should hire three (3) Parks High 2021 Maintenance Workers I positions with additional staff, added in out years based on park acquisition / developmeni 70 The City should transfer the Parks Maintenance ©ivision staff Medium ,ASAP and equipment to the Public Works Department. 71 One new Maintenance Worker position should be added In Medium 2025 2025. 72 One new Maintenance Worker position should be ended in Medium 2030 2030. PLANNING AND COMMUNITY DEVELOPMENT 73 Implement a Master Building Plan Approval Process to High 2022 improve custorner`satisfaction and reduce plan review workload demands. 74 Increase Planners from tb 4 with the additiort Of a Senior High 2021 Planner posifibo to handle current planning activities. 75,:, Increase authorized Pians Examiner positions from 1 to 2. High 2021 76 Longer -term, once staffing limitations in the plans examiner Medium 2022 -2025 and building inspections functions are addressed, the City may consider, the elimination of the Development Specialist position or one of the Permit Technician positions. 77 Increase authorized Permit Technician positions from 2 to 3. Medium 2023 78 Increase authorized Planner positions from 4 to 5. Medium 2026 79 Increase authorized Building Inspector positions from 5 to 6. Medium 2027 POLICE DEPARTMENT Matrix Consulting troop Page 7 DRAFT Report can the Staffing Study SCHERTZ, TEXAS 89 Annually the fees associated with Civic Centerlentals should High Ongoing be reviewed an d adjusted'as needed. Additionally, a cost recovery target should be established annually. 90 Longer -term, the City should consider -the relocation of the Medium 2025 -2030 Civic Center operations:into the Parks and Recreation PUBLIC WORKS 91 The Public Works department should define appropriate High 2021 service levels for the maintenance of the City's infrastructure. 92 The Public Works Department should enhance the utility of its Medium 2021 and computerized maintenance management system as a tool to ongoing report on work performed, as well as to plan, manage and schedule work that needs to be performed. Matrix Consulting group Page 8 RECOMMENDATION PRIORITY TIMEFRAME 80 Patrol is appropriately staffed and is effective at utilizing time n/a Na available to address problems in the community. 81 Two detective positions should be added to address existing Medium 2021 workload. 82 Add an additional Crime Scene J Evidence Technician in the Medium 2021 next 1 to 3 years. 83 One additional dispatch position and console will be required High 2029 by 2029. 84 One additional records clerk should be authorized for a total of High 2021 three. 85 Warrants should be assigned to patrol as a proactive work Low ASAP assignment to address backlog. 86 One additional property /evidence clerk hould be authorized: Medium 2021 87 Four additional kennel technicians should be added to the Medium 2021 workforce. 88 If no other organizational charges are implemented, eseco d= Medium Dependent on Assistant Chief / Captain position should be added to address other span of controlard operational oversight issues. , organizational changes. 89 Annually the fees associated with Civic Centerlentals should High Ongoing be reviewed an d adjusted'as needed. Additionally, a cost recovery target should be established annually. 90 Longer -term, the City should consider -the relocation of the Medium 2025 -2030 Civic Center operations:into the Parks and Recreation PUBLIC WORKS 91 The Public Works department should define appropriate High 2021 service levels for the maintenance of the City's infrastructure. 92 The Public Works Department should enhance the utility of its Medium 2021 and computerized maintenance management system as a tool to ongoing report on work performed, as well as to plan, manage and schedule work that needs to be performed. Matrix Consulting group Page 8 DRAFT Report can the Staffing Study CHERT , TEXAS Greater detail 'or': each recommendation is provided in the individual departmental chapters. Matrix Consulting group Page 9 RECOMMENDATION PRIORITY TIMEFRAME 93 The Public Works Department should critically analyze each High Ongoing of its services on a routine basis to determine the feasibility of insourcing and outsourcing. 94 Based on existing workloads, it is estimated that 1 Street High 2021 Worker II and 2 Street Worker I positions should be authorized. 95 Additional staff modifications in 2021 include the additional of Medium 2021 an Administrative Assistant. 96 Staffing adjustments based on growth in workload incltt;` Medium 2025 -2030 Street Worker II (2025), Street Worker 1 (2025), Drainage worker 1 (2025), Serviceman II (2025), Servicemart'l (2025), Street Worker II (2030), Street Worker I (2030), Drainage Worker II (2030), Drainage Worker 1 (2030, and 2 Serviceman Is (2030). ORGANIZATJONAL STRUCTURE CHANGES 97 No change is recommended at the present tim to realign the n/a n/a Human Resources and Procurement bepartment. However, if other organizational changes are made in the future that, impact either the Human Resources or Finance Deprtment, consideration sho ld lie given et that time to realigning the procurement operations under the Finance D partment. 98 Animal Control should be established as. a stand -alone Medium 2021 Greater detail 'or': each recommendation is provided in the individual departmental chapters. Matrix Consulting group Page 9 DRAFT Staffing Anai ysis SCi-iERTZ, TEXAS 4. Year by Year Listing of Recommended Positions. The following table summarizes the changes by position and by year to show the annual change in positions recommended. Positions 2021 2022 City Manager's Office Management Analyst 1 EMS Instructor Assistant EMS Director Logistics Officer Administrative Assistant Billing Specialist (PT) 1 Engineering Administrative Assistant Engineering Inspector Engineer Project Manager Finance Utility Billing Clerk Municipal Court Deputy Cle Fire DRAFT Report on the Staffing StUdy Positions 2021 2022 2023 2024 Emergency Management Coordinator 1 Lieutenants 3 Fleet Parts Clerk Mechanic GIS Database/Business Analyst Human Resources &PumchmmnQ HR Generalist Purchasing Specialist Information Technology Information Technology Supervisor Client Services Technician Library AdminietntiveAaaist Library Clerk Children's Program Clerk Library Assistant Maintenance Worker | SCHERTZ, TEXAS Matrix Consuiting Group Page 11 'M 1 1 DRAFT Report can the Staffing Study SCHERT , TEXAS Positions 2021 2022 2023 2024 2025 2026 2027! 2028 Planning & Community Development Senior Planner Planner 1 1 Plans Examiner 1 Permit Technician 1 Building Inspector Police Detectives Dispatch Property /Evidence Clerk Kennel Technician Assistant Chief Public Works Streets Worker I Streets Worker II Administrative Assistant Serviceman II Serviceman I Drainage Worker II Drainaoe Worker I TOTAL (net change in positions) , 45 4 2 12 10.5 "' 1 1 !'; 0 Matrix Consulting Croup Page 12 2030 1 1 2 1 1 9.5 RAFT Report on the Staffing Study 5. Cost of Recommended Positions. The following table summarizes the base salary costs for the recom the base salary cost for the position with a 3% annual increase inch impact of costs to the organizations will also include benefit increase Position City Manager's Office Management Analyst EMS Instructor Assistant EMS Director Logistics Officer Administrative Assistant Billing Specialist (PT) Engineering Administrative Assistant Engineering Inspector Engineer Project Manager Finance Utility Billing Clerk Municipal Deputy Court Clerk Fire Captain Deputy Fire Marshall Driver /Operator Firefighters Emergency Management Coordinator Lieutenants Fleet Grade 28 PZIYka 34 $55,557 45 36 20 $31 23 $17,971'''' 20 $ 31,907; . 26 $40,477 $40,477 32 $102,628 $51,314 30 $47,424 $28,330 38 -39 $62,566 33 $262,830 $262,830 28 $131,415 $175,220 $7 $70,450 37 $187,698 SCHERTZ, lasitions by year. These costs reflect only Plea potential salary adjustments. The total uld be factored into the total costs. FI�Y�: -I +Yk I�ki�l Parts Clerk 17 $28,330i' Mechanic 20 $63,814 $31,907 Matrix Consulting GrOUP Fags 1 $28,330 RAFT Report on the Staffing Study SCHERTZ, Position Grade 2021 2022 2023 2024 2025 2026 2028 GIS Database /Business Analyst 29 $45,573 Human Resources & Purchasing HR Generalist 25 $22,546 Purchasing Specialist 21 $33,197'' Information Technology Information Technology Supervisor 35 $57,803' ; Client Services Technician 21 $66,3941 l Library Administrative Assistant 20 $31,907 Library Clerk 17 $28,330' $28,330 Children's Program Clerk 13 $24,190'' Library Assistant 18 $29,474' Parks, Recreation & Community Services Maintenance Worker I 14 $ 75,504 $25,168 Planning & Community Development Senior Planner 32 Planner 27 $51,317! $42,099 Plans Examiner 30 $47,424 Permit Technician 17 $28,330 Building Inspector 25 $38,896 Police Detectives 30 $94,848 Communications Officer 22 Property /Evidence Technician 24 $37,378 Kennel Technician 1 $24,190 Assistant Chief 45, Public Works Streets Worker 1 18 $58,948; $29,474 Streets Worker 11 15 $26,187 $26,187 atdx Consuffing Group Fags 1 2030 $26,136 $28,330 $25,168 $29,474 $26,187 RAFT Report on the Staffing Study Position Grade 2021 2022 . Administrative Assistant 20 $31,907! Serviceman II 20 Serviceman 1 17 Drainage Worker II 18 Drainaae Worker 1 15 TOTAL (Base salary costs of positions) $1;649,107 $178,630 SCHERTZ, 2024 2025 2026 2028 2029 2030 $56,660 $29,474 $26,187 $ - $1,045,757 $361,860 atdx Consuffing GrOUP Fags 1 DRAFT Staffing Analysis SCHERTZ, TEXAS 2 City Manager's Office The City Manager's Office consists of five positions and is responsible for overall City management and operations. The Office is responsible for advising Council on policy and operational planning issues and ensuring that the policies adopted by the City Council are appropriately implemented. It oversees and manages the daily affairs of the City, determines capital and service delivery needs of the City, 'and "oversees preparation of the annual budget (operating and capital). The following organizational chart shows the City Manager's Office. structure of the ►s for the City to develop a more defined framework for 3nhapce the ability of the organization to improve service sources are identified for service levels, and to define the ed by the organization while clearly communicating y Council and the public. lil 11 1 1 11 1 mill 11 III III lII NJ III NJ I Jill i I I 1111111 11 Jill 11111 1!!! 1 1ply III 111110i The effectiveness of the City's service delivery can be enhanced by ensuring that the k efforts of each department are well delineated and that these are used as the basis f on-going policy and management decisions. In particular, the City should adopt annu departmental workplans that are in alignment with the budget and the highest prioriti identified for the coming year and that appropriate performance metrics are utilized] Matft Consuffing Group Page 16 DRAFT Report on the Staffing Study SCHERTZ, TEXAS track and manage operations. Annually, departments should develop their annu workplan and notate the key efforts that will further or support the achievement of t strategic goals — or poson the City operations to move closer to the achievement of t goals so that there is alignment between these annual workplans and the budget proces 31 Recommendation: Annual workplans for guiding documents that are considered fiorized and Tasked with E4& N=- In In addition, this position should be tasked with conducting special studies, analysis, an'41 analytical activities to support projects and duties performed by the City Manager and Assistant City Managers. Matdx Consulting Group Page 17 RAFT Report on the Staffing Study SCHERTZ, TEXAS Recommendation: A Management Analyst position should be added to the City Manager's Office and tasked with overseeing the development and implementation of an enhanced City's performance management program, oversight of the annual work plan program, and providing analytical support to the entire organization on special projects. (3) The City Should Implement an Enhanced P nce Measurement Program. levels. • Measure can be based on inputs (resources used), outputs (activities performed), efficiency an (ratio between inputs and outputs), or outcomes (results achieved). Efficiency and outcome measures are often the most difficult to effectively measure or quantify but provide more useful data than simple input/ output counts. • Government accountability is often a driving factor in local government use of performance measurement. Effective use of performance measures can enhance transparency and public trust. Matdx Consuff ng GrOUP Page 1 • The performance measure should be easily understood by the general public. Overly complicated or obscure measures, even if providing great data on performance, will not be effective if the public cannot understand what it is showing. Some measures are more important for use ,Oy managers to make decisions but aren't appropriate for public reporting. • A department may monitor more perform part of the City's dashboard. Public facir on overall service outcomes, when possil: and policy makers regarding City perfon utilized internally, only by the City Man,aq( of staff or process efficiency and/or effebti Staffing Pi0iectio ince,'measures, than those reported as ),measures should be ones that inform p,,,:and that provide'insight to the public lance. Additional measures may be r and Department Heads,'as indicators Tided -oo,the City's website with frequent rly or monthly. Sample performance by id,60tifying and adopting �garding the organization's The following table summarizes the proposed staffing allocations for the City Manager's Offlico.,-Other than the new position Management slition of Ma gement Analyst to support new initiatives identified, no change'' i's,,projected,Jn, the staffing of this office. Employee Projection Factor 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Classification Auth. City Manager Executive positions, does not,' 1 1 1 1 1 1 1 1 1 1 1 Matdx Consuffing Group Page 19 scale; Assistant City Scales based upon number of 2 2 2 2 2 2 2 2 2 2 2 Manager assigned departments. Assistant to Unique positicin,,d6es'not 1 1 1 1 1 1 1 1 1 1 1 the City scale. Manager Management Unique position, does not 0 1 1 1 1 1 1 1 1 1 1 Analyst scale. Executive Unique position, does not 1 1 1 1 1 1 1 1 1 1 1 Assistant scale. TOTAL 4 5 5 5 5 5 5 5 5 5 5 Matdx Consuffing Group Page 19 DRAFT Report on the Staffing Study 11111,111, 3 City Secretary SCHERTZ, TEXAS The City Secretary is a statutory position required by State law and the City Charter. The City Secretary's Office functions as the primary contact for citizens seeking information, supports the City Council in the fulfillment of their duties and responsibilities, and provides daily assistance to other city departments. The City Secretary serves as a member of the City Management Team and oversees the functions of the City Secretary's Office including election administration, records management, and "preservation and Council services. The Office is responsible for recording all laws, resolUtions, and ordinances approved by the City Council, preparing City Council, agendas and providing notice of all rov Council meetings, countersigning and/or notarizing all contracts, commissions and licenses, coordinating public information requests with other City departments in accordance with state legislation and guidelines.'end serving:as historian of the City. The following organizational chart shows the organ City Secretary's Office. and reporting structure of the Based upon a review of current operational practices and discussion with staff, there are no specific operational or technological improvements recommended for the City Secretary's Office. The majority of the work performed is statutory and service levels or response timeframes are dictated by statutory or ordinance and the Office is currently meeting these standards. The existing technology utilized, AgendaQuick, for handling agenda development appears to be appropriately and sufficiently meeting the needs of the Office and the organization. Marta Consulting Group Page 20 RAFT Report can the Staffing Study Staffing Projections SCHERTZ, No staffing changes were identified as needing to be addressed immediately. While the Office has only two staff members, they are able to handle all existing duties at an appropriate level — albeit with some challenges due to the number of evening meetings that must be staffed. Further, discussions with staff and a review of the limited data' available regarding work activities, indicate no pressing need for additional resource; at the present time in the future years. The primary future driver for add itionaC staff would be a change in the In reviewing organizational structures for other communities; when workload expands beyond the capacity of two positions to handle, the inext position added is typically an administrative secretary type position or additional Deputy,,, City Secretary to handle the increase in administrative functions. It would be important that the position be trained in the regulatory requirements of tha City Secretary position. Employee 'Projection Factor. 2020 2021 2022 2023 " 2024 2025 2026 2027 2028 2029 2030 Classific400" Auth. City Secretary Statutory position, 1 1 1 1 1 1 1 1 1 1 1 does not sei, Deputy City Unique position, does t 1 1 1 1 1 1 1 1 1 1 Secretary: not directly scalA based upon workload but additional positions at this or another classification would be based upon specific mix of services Id' be -- provided. TOTAL 2 2 2 2 2 2 2 2 2 2 2 Matrix ConSUffing Group Page 1 DRAFT Report on the Staffing Study SCHERTZ, TEXAS 4 Economic Development I Economic Development is a function of the City Manager's Office and consists of four (4) FTE employees who are responsible for growing the Schertz economy through projects that focus on the creation and retention of primary jobs and infrastructure improvements that drive commercial development. Staff implements an industry, recruitment program and business retention/expansion program focused on increasing- lg,, industry investment in Schertz. Industry recruitment includes functions such as specialized research and targeted marketing, prospect development, prospect: ,'management, and economic development and infrastructure incentive administration. Retention and Expansion functions include managing service provider relationships and securing engagement from local primary employers to secure new expansions"O,nd supplier recruitment targets. Staff also oversees the administration of SEDC Board of Directors which is grafited oversight and incentive approval authority by City Council., For purposes of this report. Economic Development is considered a "Department". I E reporting structure of the =0 I Overall the City does an impressive job with its economic development efforts. The Department has appropriate policies and provides regular reports on the status of various activities and economic indicators. While the City does a good job overall, there are two recommended areas for improvement. Matdx Consuffing Group Page 22 DRAFT Report on the Staffing Study SCHERTZ, TEXAS (1) Establish Written Outcome-Based Performance Measures to Better Gauge the Success of Economic Development Efforts The City of Schertz Economic Development Department has an established mission statement and existing performance measures; however, those measures are not always outcome based. Adopting outcome-based performance measures will allow for better analysis of whether employee efforts are successful in achieving specific economic development goals. The City currently collects numerous economic deve include primary jobs; primary job employers; rental office inventory; new residential building permits' projects; industrial site availability, recruitment event; visitors; visitors; number of company inquiries; number impressions; number of blog posts; number of buisinei visits; number of retention events/hiring fairs attendee others. Those are all excellent metrics to track, and the , analysis Of those e metrics year-over-year can help the organization determine arras I in which it, is successful and areas in which it should modify its economic development , pp A roach.- The, following exhibit is a snapshot of the City's annual,economic development report from FY17718. Snapshot of Recruitment Efforts from the City of Schertz FY17/18 Ecopomfe Development Annual Report - R E C R U I T M E N T The SEDC uses the following 'pipeline' to monitor companies as they move through the site selection process. This process allows the SEDC to effectively follow up on each project and help where appropriate. LEAD INQUIRY PROSPECT LOCATES Company considering Company seeking Comparyth t has Company that has expansion/relocation Schertz information shortlisted Schertz 1.tatvd in Schertz MatrN ConSUffing Group Page 23 Recruitment Events Inquiries Prospects Goal 15 11S so Quarter I (Oct-Dec) 2 26 8 Quarter 2 (]an-Mar) 7 is 9 Quarter 3 (Apr-Jun) 3 32 10 Quarter 4 (Jul-Sept) 3 46 11 MatrN ConSUffing Group Page 23 RAFT Report on the Staffing Study SCHERTZ, The data show the number of prospects generated; however, there are no data showing whether those prospects were the result of a specific recruitment event or efforts of the City. The City spends considerable time attending recruitment events and so tracked data should include whether prospects are from those events. The City might learn that its approach at the recruitment events is yielding excellent results, or very poor results; however, without data to track it is not possible to determine whether the City is spending its time and financial resources wisely on these events. be piece in ,'helping a city grow (job base, cation, etc.). The City of Schertz should )jectives to ensure it tracks its economic Fc development employees. Currently, r the number of new businesses coming omic development effort. A consistent theme among high performing economic development departments is that there are: established written goals and specific objectives /performance measures that are subsequently analyzed "o determine whether employee efforts are correlated to the achievement of those goals and objectives. The following is an'ouerview of local government performance measures: • A tool to assist in the evaluation of the quality and effectiveness of operations. It is accomplished by collecting, analyzing, and reporting performance - related data. • Measures can be based on inputs (resources used), outputs (activities performed), efficiency measures (ratio between inputs and outputs), or outcomes (results achieved). Matrix Consulting Group Pace DRAFT Report on the Staffing Study SCHERTZ,TEXAS • Government accountability is often a driving factor in local government use of performance measurement. • Align measurements with your strategic goals. What has the greatest effect on the people served? Tie to outcomes when possible. What is the measure? Why is it important? How are we doing? Using those esamples and'if the City were to have adopted them, there would then be a better ability to, measure,, -Whether the City's economic development efforts were successful. There sh'04to be written goals and outcome-based performance measures established from which the City's Economic Development employees can use to determine their work efforts. I ment-O ii try Consuffing GrOLIP Page 25 RAFT Report can the Staffing Study SCHERTZ, TEXAS By measuring "results" and tracking those results to the efforts of economic development staff, the City will be in a position to better evaluate how it organizes economic development workload activities. Recommendation: Establish written outcome -based performance measures to better gauge the success of Economic Development efforts. _ (2) Utilization of Customer Relationship Management (CRM) Software to Increase Staff Efficiency and Effectiveness The City does not currently use Customer Relatic its simplest form, CRM is a technology used to mz relationships with customers and future custom+ organizations across the country utilize CRM expansion (BR &E), investment attraction, e' development, and a variety of other economic d common modules within CRM solutions for.econc inquiry a • Surveys • utomat • Reiona- -- _ -- _ -- -- - The use of CRM software J.6r economic development functions allows for even better management of data collection, data analysis, process improvements, and marketing efforts. Data can be entered, collated, categorized, and related to other data in an easily searchable format. A CRM's public facing portal can provide a one - stop -shop for companies looking to easily gather important economic development information about the City of Schertz. Recommendation: Consider the use of Customer Relationship Management (CRM) software to increase staff efficiency and effectiveness. Matrix nsu fin Group Page DRAFT Report on the Staffing Study Staffing Projections SCHERTZ, There are currently four authorized positions within Economic Development: An Executive Director, an Executive Assistant, a Business Retention Manager, and a Marketing & Recruitment Manager. (1) Current Staffing Analysis Major drivers of workload for Economic Development ,employees are the number of recruitment events attended, the number of business retention visits completed, the number of business retention roundtables completed; and the number of "active projects. To assess appropriate staffing numbers, the FY 17/18. FY17/FY18 Metric MM-741 - Metrics 718 Recruitment events attended 15 Prospoct inquiries 122 Prtaspects 38 R6t ntipn roundtable ' 9 Retention visits 36 Retention events 4 New projects 4 Active broiects 13 from The workload data show there were an average of 1.25 recruitment events attended per month, one retention roundtable attended every 5.7 weeks, three retention visits each month, one retention event attended each quarter, and a total of 13 active projects (of which four were new;proJbcts throughout the year). The Economic Development Workload/Time Utilization Table identifies approximate workload functions and associated times for essential economic development functions. The time inputs are estimates and averages, with the knowledge that certain jobs within the same function will take varying amounts of time (i.e. one new retention visit might take two hours while another will take six hours). Matrix Consuffing Group Page 27 DRAFT Report on the Staffing Study SCHERTZ, TEXAS Prospect f�IF, ?.4 ... ... �IIIII�i(iiif j£ �I ( ��tFliiiilhtStrfllll!(t4ir +4 r�Dllt? ?: ��itiu�, ��br��t��tsl��c�? � ,r+i'u�4F�,c4�44ztsi#.?��ral�� ilt�ij�I�a>irx'�tr�+rJVit�`ut 100 1500 187.5 3 366 45.75 8 304 38 24 216 27 4 144 18 —.. 45 180 ----- 22.5 -- 120 480 60 120 1,560 195 40 160 40 Administr #ive /Other ` 225 4 900 112.5 m _ . _ ---------- Total 6,290 806.25 Data show that using existing workload demands, Economic Development functions can be handled with 3.6 employees or almost 4 full time employees. Economic development staffing levels can be challenging to project since each community has different goals and objectives for economic development. This is one of the main drivers for recommending Matrix Consuffing Group Page 28 RAFT Report on the Staffing Study C, TEXAS the City adopt outcome -based performance measures in order to help determine if existing staff output numbers are making a difference and if employees are accomplishing established goals and objectives. The current recommendation is based on existing workload data and time utilization for completion of existing workload activities. In anticipation of the City setting outcome -based goals for Economic Development, the City should keep four economic development positions. Having recently reclassified an Economic Development Analyst position to that of Marketing & Recruitment manager, Economic Development Department employee responsibilities are now better aligned to meet existing and future workload demands. (2) Projected Economic Development uirements 3 i #t Staff ing,Proieptllons. will see population growth of 80.82 %, approximately 2.9% its help drive that growth and development, if current goals vent on various economic es scale with projected business and population growth, lad hours; however, these are not estimated to increase rowtft (recruitment events, retention events, retention ne will likely not change much). If no recommendations does not f ether specialize its services or focus on any current staffing is sufficient. All positions scale based inquiries, number of prospects, retention visits, new lased, on existing workload demands and projected iosi ions are recommended in the next 10 years. The following table illustrates the staffing recommendations for the Economic Development Department over the next 10 years: Employee Projection 2020 Classification Factor Auth 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Executive Director Executive 1 1 1 1 1 1 1 1 1 1 1 positions, does not scale. Matdx C on uftir7g Group Page 4 4 4 4 4 4 4 4 4 4 4 TOTAL Matrix ConSUffing Group Page 30 DRAFT Report on the Staffing Study SCHERTZ, TEXAS 5 Emergency Medical Services (EMS) Department I The Emergency Medical Services (EMS) Department consists of four divisions: Administration, Billing, Operations and Clinical. The Department is responsible for responding to emergency incidents in a 220 square mile service, area that includes the municipalities of Schertz, Cibolo, Live Oak, Marion, Santa Clara, Selma, Universal City, western Guadalupe County, Comal County ESD #6 and a small, area of unincorporated Bexar County. The population of the service area is apptoxirnately 127,024. The EMS Department also works with at-risk patients to insure they have the appropriate access to primary healthcare. The Department also provides EMS initial and'continuing education to their employees and first responders in thellfervice area as well as conducting community education programs. The EMS Department operates as an enterprise fund of the City. T sl rent is ii try Consuffing GrOLIP Page 31 RAFT Report on the Staffing Study SCHERTZ, TEXAS There are no major technology needs within the EMS. The Department has technology available to meet their service delivery needs. The Department should continue with their plan to barcode EMS supplies to improve inventory control and tracking of supplies. The transition to the ADP program for scheduling did initially create additional workload in the Department related to scheduling, but the EMS Department believes there will be long- term benefits to using the program in terms of efficiencies gained. Staffing Projections. The following sections outline, by functional area, staffing projectio (1) CLINICAL DIVISION The next table illustrates the hours associated with teaching the three (3) annual Emergency Medical Technician (EMT) courses each year: Matrix Consuffing GrOUP Page RAFT Report on the Staffing Study HERT , TEXAS Year 2017 2018 2019 . Total Class Days 117 116 116 Training Coordinator Hours 92 88 86 Part -Time Instructor Hours 314 286 268 As illustrated above, the Training section is providing approximately 6,000 hours of training per year utilizing one full -time position and a variety of part -time instructors. A full - time instructor should be added to this unit to improve the consistency in delivering the training programs and reduce the reliance on part -time instructors. Recommendation: Add a full -time Instructor to the delivery of courses. Coordinator in As illustrated above, there were 292 designated patient contacts for asthma patients related to the grant in 2017. When this ended there was a decline in patient contacts in 2018 and slight increase in 2019. The MIH Paramedic also conducts a number of public outreach programs. The following table illustrates the workload related to public outreach for the previous three (3) years. MatrN Consulting GrOUP Page DRAFT Report can the Staffing Study SCHERTZ, TEXAS The only class listed above that is a mandated course the Bleed course, which is mandated for the school d courses and services are provided as a benefit to the 01 the EMS Department. le:State of Texas is the Stop fs to conduct. The remaining unity and provide revenue for There will also be the need for additional-clerical assistance to support th Division. This position would assist in handling, paperwork :related to the int external classes conducted by the EMS Department as well as other adm duties. Recommendation: Hire an Admi 2022. 2 4 Operatio The Operations Divsior of Schertz and the corn using a nmix of part -time Clinical ial and sistant f ©r the Clinical Division in FY The following table calendar years. the workload for the Operations Division the past three (3) MatrN Consulting GrOUP Page 34 2017 2018 2019 Class Type Conducted Conducted Conducted ASHI 81 88 89 Stop the Bleed 50 120 560 Car Seats 60 85 113 School CPR Demo Students 6,059 7,348 7,874 Immunizations 442 594 664 MIH CE 0 13 13 The only class listed above that is a mandated course the Bleed course, which is mandated for the school d courses and services are provided as a benefit to the 01 the EMS Department. le:State of Texas is the Stop fs to conduct. The remaining unity and provide revenue for There will also be the need for additional-clerical assistance to support th Division. This position would assist in handling, paperwork :related to the int external classes conducted by the EMS Department as well as other adm duties. Recommendation: Hire an Admi 2022. 2 4 Operatio The Operations Divsior of Schertz and the corn using a nmix of part -time Clinical ial and sistant f ©r the Clinical Division in FY The following table calendar years. the workload for the Operations Division the past three (3) MatrN Consulting GrOUP Page 34 DRAFT report on the Staffing Study GPRT,TPA The next table illustrates the calls by level of Advanced Life Support Intermediate Life Support Basic Life Support Specialty Care As illustrated above,,the m advanced life support care. The following table illustrates tl 2019: 2017 2018 (Jan — 2019 2017 2018 (Jan — Total 4,250 17,041 26 July) 26 Incidents 10,026 10,099 6,361 26,486 Unit Responses 10,026 10,099 6,361 26,486 Patients Transported 6,191 6,179 3,986 16,356 As shown above, the EMS Department responds to over 1 O O calls and transports over 6,100 patients annually. The next table illustrates the calls by level of Advanced Life Support Intermediate Life Support Basic Life Support Specialty Care As illustrated above,,the m advanced life support care. The following table illustrates tl 2019: 2017 2018 (Jan — Total duly) 6,706 6,445 4,250 17,041 26 25 26 77 1,885 2,052 1;108 5,045 2 3 £? 5 patients treated by the: CMS Department required hour and weekday for January — July Matrix: Consuffing Group Page 35 DRAFT Report on the Staffing Study SC HERTZ, , TEXAS Calls for Service by Hour and Weekday Hour Sun Mon Tue Wed Thu Fri Sat Total 12:00 AM 29 _ 25 24 22',: , 9 34 167 1:00 AM 29 21 21;22 26 26 161 2:00 AM 23 28 21 20 24; 21 21 158 3 :00 AM 7 :: 21 4:00 AM 109 5 :00 AM t '��i�it, {t1 }h" 2S(I iJfrf4F �j}r dl lk t4{ 7£ 8 10G� 6 :00 AM 20 33 28 33 21, 186 7 :00 AM 18 28 x::28 38! 26 21 213 8:00 AM 25 39 42 45 39 31 31 252 9:00 AM 36 50 35 45 47; 48 43 304 10:00 AM 35 ; � 53 34 42 51 42 48 305 11:00 AM 28 S2 43 50 47 - 53 327 12:00 PM 40 3:, 37 49 44 38 326 1:00 PM 39 51 42 46 44 46 48 ; 316 2:00 PM 48 44 }£F 4 0 48 355 3:00 PM 50 42 47 49 349 4:00 PM 46 . ��C f d� 45 52� 45 375 5 :00 PM 45 f £ � 382 t 6 :00 PM ` 51 48 38 49 40'5 ��i��l�h��1 341 7:00 PM 33 47 50 ' 45 47 32 42 296 8:00 PM 43 + 47 46 -53 41 46 34 310 'Q0 PM 42 39 44 42 37 46 40 290 10 :00 Pm'' 39 32 37 26 23 "" 38 40 235 11:00 PM 30 22 26 23 23 35 37 196 Total As illustrated above, the busiest hour is the 5:00 pm hour and slowest hour is 5:00 am hour in terms of ca[[ demiand. Monday is the busiest day of the week with Sunday having the lowest call demandw, (2) Emergency System Dynamics In making decisions about the emergency services system, it is important for the leadership of Schertz to understand the science behind the location of resources, the deployment strategies of those resources, and other parts necessary to form an effective .trlx C onsu flag Croup Page 36 RAFT Report on the Staffing Study emergency services system. SCHERTZ, Delivery of emergency medical services is another function of the emergency services system to be considered. Emergency medical calls are rising, and the types of calls are wide ranging. However, as a part of a community's healthcare system, one of the primary factors in the design of the emergency medical response is the ability to deliver basic CPR and defibrillation to victims of cardiac arrest. The graph below, demonstrates the survivability of cardiac patients as related to time from Go so 20 10 . n Detection 9 -1 of Collapse , Considering the resploInse time continuum, the response time goal for emergency services is to provide BLS within 6 minutes of the onset of the incident (including detection, dispatch and travel time) and ALS within 10 minutes. This is often used as the foundation for a two -tier system where fire resources function as first responders with additional (ALS) assistance provided by responding ambulance units and personnel. Matdx Consuff ng GrOUP Page 37 RAFT Report on the Staffing Study SCHERTZ, TEXAS Additionally, recent research is beginning to show the impact and efficacy of rapid deployment of automatic defibrillators to cardiac arrests. This research, conducted in King County (WA), Houston (TX) and as part of the OPALS study in Ontario, Canada, shows that the AED can be the largest single contributor to the successful outcome of a cardiac arrest particularly when accompanied by early delivery of CPR. It is also important to note that these medical research efforts have been focused on a small fraction of the emergency responses handled by typical EMS systems — non - cardiac events make up the large majority of EMS and total system responses and this research does not attempt to address the need for such rapid and expen ive intervention on these events. (3) Response Time ias 'been broken gown into time continuum begins when . The following chart outlines irts or is recognized. Those tine versus soft data or that The highlighted points in the chart above represent three segments that can be used for evaluation; call processing, turnout time, and travel time. Each of these components Metre Consuffing GrOUP Page RAFT Report on the Staffing Study SCHERTZ, represent a different point in the response time continuum and through their measurement and evaluation areas for improvement can be identified. Below are the definitions for the three components: • Call Processing is the defined as beginning when the call taker answers the call and ends with the dispatching of appropriate emergency services. • Turnout Time is defined as beginning when the emergendy service receives the call and is on the apparatus responding (wheels rolling) to the call. • Travel Time is defined as beginning when the apparatus and, - personnel begin the response (wheels rolling) and ends once on Location of the emergency (wheels stopped). As illustrated above, travel times have improved in the past three year, but the EMS Department is performing below their established travel time performance standard of 14 Matrix Consulting GrOUP Page 39 RAFT Report on the Staffing Study SCHERTZ, TEXAS minutes by a few seconds. They are also well below the industry standard of having an ALS unit arrive within 10 minutes of the call. Many EMS jurisdictions have found that developing a varied performance target allows them to better monitor system performance. In these instances, urban and suburban areas would have the 10 minute travel time target while rural areas (areas below 1,000 residents per square mile) would have a longer response time. We typically see 20 minutes as the target for these areas. The City and EMS Department should continue to measure this performance factor as when performance falls below 20% of established guidelines the need for additional units will be required to improve overall system performance.; Recommendation: Continue to measure travi needed to ensure travel time performance m the community. 4. Unit Hour Utilization Rates are high for The following Medic 1 Medic 2 Medic 3 Medic 4 2017 Unit 6,6"performan the performa lances d add units as toectations of EMS systems as it determines how much of emergencies. Utilization rates vary between there,Js,Jhe, risk of fatigue to the responders, there is limited down time to get appropriate utilization rates for the past three (3) years: our Utilization 2,473 Hours Calls Unit Hour Staffed 29.34% Utilization 8,760 2,537 28.96% 8,760 2,566 29.29% 8,760 2,458 28.06% 8,760 911 10.40% 3,732 1,347 36.09% 2018 Unit Hour Utilization Hours Calls Unit Hour Staffed Utilization Medic 1 8,760 2,473 28.33% Medic 2 8,760 2,570 29.34% Medic 3 8,760 2,351 26.84% Matrix Consuifing GrOLIP Page 40 RAFT Report on the Staffing Study SCHERTZ, TEXAS Medic 4 8,760 942 10.75% Medic 5 (Peak Hour) 4,260 1,572 36.90% 2019 Unit Hour Utilization Jan - July Hours Calls Unit Hour Staffed Utilization Medic 1 5,088 1,541, 80.29% Medic 2 5,088 1,5f31 29.50% Medic 3 5,088 1,458 28.66% Medic 4 5,088 '614 , '12.'07% Medic 5 (Peak Hour) 2,544,,,:, 1,036 401 Medic 6 (Peak Hour) 448 165 40.44°/6 Recommendation: for highly utilized 3 Administr the shift schedule and consider staffing shorter shifts The EMS Director provides overall direction, guidance and leadership for the EMS Department. The Director has responsibility for every area of the Department and ensures that all employees perform their jobs in accordance with the overall mission of the Department and in accordance with the established values. Reporting directly to the Matrix Consuffing GrOLIP Page 41 RAFT Report on the Staffing Study SCHERTZ, TEXAS Director are the Senior Administrative Assistant, Clinical Manager, Operations Manager and Office Manager. The design of an organizational structure to best meet the needs of an agency is not only predicated on the traditional command and control within the EMS Department, but also to help define job duties and responsibilities, ensure efficient and effective workflow, establish a reporting hierarchy, and ultimately determine appropriate lines of authority and accountability. To accomplish this, the design of an organizational structure and placement of employees within the organization should be established on key principles that provide the organizational cohesion necessary to accomplish the primary mission of the Department. These principles include: Accountability and responsibility, are clearly identified: The organizational structure must be consistent with the concept that clear lines of authority and decision making are essential for any organization to achieve excellence: Areas of responsibility are clearly delineated and points of accountability are readily identifiable. Supervisor and Management Span of Control: This relates to whether supervisors are fully devoted to overseeing a select few primary activities or a broader set of duties and responsibilities. Appropriate spans of control are related to both the number of staff directly supervised as well as the complexity of activities overseen. RAFT Report can the Staffing Study SCHERTZ, TEXAS Nationally recognized best practice for span of control in highly technical and professional positions is to limit direct reports typically to five or six positions. The spans of control in the EMS Director align with these best practices. There is the issue of the Department not having a clear second in command. As growth continues and the EMS Department grows, there will be the need to add an Assistant EMS Director to provide additional managerial support and leadert'p in the Department. A part -time supply coordinator was added to the Department in,, recent months. This position will assist with several key logistics duties related to the management of the inventory of equipment and supplies and ensure the is proper oversight and control of Recommendation: Hire an Admini for the Department. Staffing Iso consists of three (3) Billing Specialists. The Specialists code; p to 40 patient care reports per day and when complete will work to collect bills that are past due by making collection calls. Current workloads are high and any time a billing clerk takes leave, the workload is higher than can be accomplished. This causes the work on collections to stop. Also, the specialized nature of the work does not allow a temporary employee to be used as they are unable to process ambulance bills. The increasing call volume and subsequent increases in patient reports and collections will require the need for an additional part -time Billing Specialist. This clerk Matft Consuffing group Page 43 RAFT Report on the t ffing Study SCHERTZ, TEXAS could be focused on the collection of past due bills to allow the billing specialists to ensure timely billing of current patients. Recommendation: Add a part -time Billing Specialist in FY 2021. 5 Staffing Summary for the EMS Department The following table illustrates the staffing recommendations fort6b EMS Department over the next 10 years: Employee Projection 2020 2021 Unit 2022 2023 2024 2025 2026 2027 2028 2029 2030 Classification Factors Authorized (Rec) Administration EMS Director Executive officer 1 1 t 1 1 1 1 1 1 1 1 position; scales at 1 per_department Administration Assistant EMS Executive officer 0 0 0- Q 1 1 1 1 1 1 Director position; scales at 1_per_department Administration Senior Admin Assistant Support position; ....._ ----------------- _ scales at 1r unit Support posn, Administration Administrative scales to worltload 0 U "" "" 1 1 "" 2 2 2 2 2 2 Assistant demands of ,1 --------------- ... _... ..... _ .HM department - - __ ..... __. _. PT Supply' Support position; Operations Coordinator, scales to workload 5' 5 5 5 5 1 1 1 1 1 1 becomes FT demands of — ............. - _ogistics Officer" __. . de artment _w. Billing EMS Office MattAOMPht " ana€4er":' positionscalesat ---------- _._ 1 per team Billing: Billing Specialist scales to the 2 3.5 3.5 3.5 3.5 3.5 4 4 4 4 4 cr}d ead demands of the unit Billing Billing Clerk Scale, to the 1 0 0 0 0 0 0 0 0 0 0 workload demands of the unit " Training Cliniceit Manager Managerfleht 1 1 1 1 1 1 1 1 1 1 1 position scales at 1 perteam _._... Training Training Seafes to the 1 1 1 1 1 1 1 1 1 1 1 Coordinator workload demands of the unit Training Instructor Scales to the 0 1 1 1 1 1 1 1 2 2 2 workload demands of the unit Operations Operations Management 1 1 1 1 1 1 1 1 1 1 1 Manager position; scales at 1 per team MatrN ConSLflfing coup Fags RAFT Report can the t ffing Study SCHERTZ, TEXAS Unit Employee Projection 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Classification Factors Authorized (Rec) There are four newly oreated poitloqs recomrnended for the EMS Department over the next 10 years. These include ar Assistant Rirector to. serve as a clear second in command and improve rnanagerial'oversght, an administrative assistant to support clinical services, a logistics officer f6r improvad inventory supply control and an instructor to support the Training Coordinator in the deliveryof continuing education efforts. There are also staffing additlo' s in billing and aperations ©ver the years to support increased service demands. The Department will also need to add additional paramedics and EMT's as additional peak and 24 -hour units are needed to meet performance objectives. To ensure proper spans of contrdll are maintained there will be the need for an additional FTO and Supervisor in FY 05. Tl use of part -time positions should continue as it improves the staffing flexibility. One consideration that should be given is the ratio of Paramedics to EMT's. Currently the Department is nearly 90% paramedics. While the system will need a higher percentage of paramedics working toward a ratio of 65% paramedics to 35% EMTs will still ensure there are enough paramedics to properly staff units, while lowering staffing costs. The chart above illustrates the total positions in operations and does not MatrN ConSLflfing Group Page 45 Scales to supervisory spans Operations EMS Supervisor of control. Spans 3 3 3 3 3 4 4 4 4 4 4 of control range between 6 and 9 subordinates, ___...._ Scales to supervisory spans Operations Field Training of control. Spans 3 3 3 3 3 4' 4 4 4 4 4 Officer of control range between 6 and 9 subordinates. Operations Paramedic Scales to the 25 25 26 27 8 28 28 30 31 32 33 workload demands of the unit Operations Part Time Scales to the 15 18 1 18 18 18 21 21 21 21 21 Paramedic workload demands of the unit Operations EMT Scales to the 3 3 6 6 6 -. 7 7 7 8 8 9 workload demands of the unit Operations Part Time EMT Scales to the 5 5 5' 6 6 6 6 6 6 6 workload demands of the unit Community Community Scales to the Health Health Coordinator workload demands of the unit Community MIH Paramedic Scales to the 1 1 1 1 1 1, 2 2 2 2 2 Health workload, demands — ----------- _ tsf:thaC?lvl #ch '.' EMS TOTAL 65.5 70 75 76 7$, 83.5 88 90 93 94 96 There are four newly oreated poitloqs recomrnended for the EMS Department over the next 10 years. These include ar Assistant Rirector to. serve as a clear second in command and improve rnanagerial'oversght, an administrative assistant to support clinical services, a logistics officer f6r improvad inventory supply control and an instructor to support the Training Coordinator in the deliveryof continuing education efforts. There are also staffing additlo' s in billing and aperations ©ver the years to support increased service demands. The Department will also need to add additional paramedics and EMT's as additional peak and 24 -hour units are needed to meet performance objectives. To ensure proper spans of contrdll are maintained there will be the need for an additional FTO and Supervisor in FY 05. Tl use of part -time positions should continue as it improves the staffing flexibility. One consideration that should be given is the ratio of Paramedics to EMT's. Currently the Department is nearly 90% paramedics. While the system will need a higher percentage of paramedics working toward a ratio of 65% paramedics to 35% EMTs will still ensure there are enough paramedics to properly staff units, while lowering staffing costs. The chart above illustrates the total positions in operations and does not MatrN ConSLflfing Group Page 45 DRAFT Report on the Staffing Study SCHERTZ, TEXAS account for this transition in paramedic and EMT staffing levels as the change should be gradual and occur through attrition. Matdx Consuffing Group Page 46 DRAFT Report on the Staffing Study 6 E n g i n e e r i n g I SCHERTZ, TEXAS The Engineering Department provides engineering and technical advisory services to City departments. The Department collaborates with multiple other departments including Public Works, Planning and Community Development, Parks and Recreation, Economic Development, citizens, developers, and other stakeholders to ensure compliance with adopted engineering standards, policies, codes, and City infrastructure master plans. The Department works to design and implement infrastructure improvement plans and implement the City's Capital Improvement Plan,,"" The" Department is responsible for completing plan reviews and inspection services for 'horizontal capital projects whether privately or publicly constructed. The Department staffs the Transportation Safety'Ad'\' tasked with receiving citizen input on transpo recommendations to the City Council'on traffic J trans the City of Schertz. The following organizational chart s Engineering Department. )mmission (TSAC), which is issues and then making i related matters throughout iiiilii� mar r ng structure of the The Engineering Department has appropriate long-term planning in place including: Master Thoroughfare Plan, Pavement Condition Index Report, and 5-year Roadway Capital Improvement Plan. However, there is a need to establish both water and sewer ii try Consuffing rOUP Page 47 RAFT Report on the Staffing Study SCHERTZ, TEXAS master plans. While this list is not inclusive, additional best practices being met by the Engineering Department are: • The City's cumulative PCI exceeds 70.0. • Standard design criteria for the City (such as minimum grades for pipelines, maximum manhole spacing, etc.) have been established in writing. • 30 %/60 %/90% reviews of the design of capital improvement projects are conducted by Construction Management. • A pre- construction conference is conducted at the beginning of each capital project construction contract. The prime contractor, pertinent subcontractors, the project manager, and inspector attend this conference. The following section identifies needed changes to operations or technol (2) Project Managers Should Manage Both Vertical and Horizontal Projects The City's current project manager oversees only horizontal capital construction projects. This particular project manager has the skillset and experience to manage vertical projects as well. At present, the City spends money contracting out management of Metre Consuffing Gr Lap Fags 4 RAFT Report on the Staffing Study C, TEXAS vertical capital construction projects; however, transitioning that function to an in -house one would likely save considerable money. Necessary skillsets for project management of vertical construction projects is similar to those found in managing horizontal construction projects (negotiation, scheduling, cost control, risk management, multi- tasking, contract management, critical thinking, communication, and leadership. As discussed later in this Chapter, there is already going. an additional project manager but there will also be ava least one of them will have the ability to manage at least tf projects. For every in -house vertical project managed spending money on third party project manager, services. Recommendation: Project Managers should capital construction projects. Staffing Projections There are currently eight authorized positions within the Engineer, two (2) Engineers, a Graduate Engineer, a Sen Manager, and two Engineering (PW) Inspectors. (1) Current ko be a recommendation to hire ilable time utilization so that at ree vertical +apical construction internally, the "pity will not be vertical and horizontal ineerng Department: A City graduate Engineer, a Project r drivers of workload include the number of active capital umber of active sub - division projects, number of commercial tion, number of residential subdivision projects, number of phase, number of projects in the warranty phase, number of mts issued, and the number of non - construction plan reviews. gement will often have numerous time commitments associated w: flan reviews and inspections. Additionally, with the need to rarer master plans, those functions will require considerable work The following parameters were used in the Engineering Inspector staffing model: • Times are estimated and averaged while taking into consideration that each function can take varying amounts of time to complete based on its complexity. Matrix Consulting Group Page 4 DRAFT Report on the Staffing Study IF, TEXAS • An average of 30 minutes per day of "admin /other" time, per employee, is projected. • For clearing and grading permits, 51 active permits at any given time are assumed, with the need to spend approximately one hour per week on each site visit. • Staff are available to work 225 days annually when alce6unting for holidays, vacation, sick leave, training, etc. (252 working days ire 2020 minus an average 27 days for vacations, sick leave, and holidays). s �s?r rrrrrrrrrrrrrrJ �� c+ #yes+ ,lsiS ?r (� r t4 � i', �� } ,r <�,p�,�;r�;r�;r�;r�;r�;r�;r�;r �;r �;r �;r } >at �•r R =eft „rat }t.t �}�}�}�}iiY �£.�tt ( y ..� t �i �r �et z�k, <t3 <t3 <t3 <t3 <t3 <t3 <t3 <t3 <t3 <t3 <t3 <t3 .Yt �i1t, , t.i 1 ,t ,tz , �4. rz,i ,ftf•.m�S ,�rtt t 4t� t I r i i i �,.r t . , {t, ;,.. t r�t�t n {z ( � n•. =t7xr (��Il Ftrf. ';;tl � .,�,��t #� iiztll7 it �i r• {i <��t,.t ,} Ilif�� .i t t ��.'.I � •l�.n it � it it rr �ttz!,. 1. t1 {}1,,, <, .(�. ( .�:t. ttftti�, =rti7•tr :4 z�r�t .}� ,rsS.,',t rt� Clearing /Grading Insp. 1 52 2,652 331:6 - - - - -- -- -- - - - - -- --- - --- Pre - con /Prep /Plan Reviews 50 4 X00 25 .__ . _ -------------- ---- __ ,N Subdivision Insp. 10 33$ 3380 422.5 Administrative /Other 225 225 28.13 _ ----------------------------- , ... _ -------- _ Total 6,457 807.13 The number of Engineering Inspectors - shou continue to increase aa'w6rkI66d, demands dicI m two to three and MatrN Consulting Croup Page 50 DRAFT Report on the Staffing Study H RTZ, TEXAS • Staff are available to work 225 days annually when accounting for holidays, vacation, sick leave, training, etc. (252 working days in 2020 minus an average 27 days for vacations, sick leave, and holidays). b.. .,r.re. S',1 . n, n, S r4 r &01111 s> L tl¢.,,lt ,, , rr {zU»tr, tr,n�.rj, t „t }„ }tt } + +•,trr.,t, I, t, l'» �F �F �F (< .i� t.r {, ,r t r } +rr t J# tr„ t, J r,3 o +. I, ,2,t��, �..a= , _ { rs, i it �� y1, i r 3c�}} (�„ � 'Irt, �ti .� , ., 1.,.: . ,4 n (,ar it t t t I,t €...}. •. i� „I I {l4 ! I r } ifFr)t Tr ( Ii�tiiiir I�rY11� P #tt��z 4t } i }}lt,� j��trr }„ rijls �+ tr,tt}t,� I�/tyIIFF Projects in Plan Phase 39 80 3,1fl 390 _. __ _ ----- _. _ . _ ._. Non -Con Plan Review 75 4 300 37.5 Subdivision Projects 10 160 „ 1,000 200 Commercial Projects 41 8 7M 3,280 410 Capital Projects 13 4a 520 65 _..... _ _____ . __ - - -------- ..__. Administrative /Other 225 1 225 X8.1 _ _ ............. Total 9,045 1,13#.$r t 1 7�s "Fi's »� rit>uh- r ttt aerfr r ' t t ( s <r nz nznt its # t Y �Lt �G 5t, r.Ilt i Ili 1 {?,till }rri4 } {l.� It }r�73��( 1 ?jtt }5s }i`<. �Y(�t�jt {tllli I��iiit {s�(4.It Fh1Yq�T�'( y��if2� it `]lir. st ,7 ts.'a , 4.. �r 1 ,{ t' t U "�1. ' +z�$rtl t,,tr,l }st�ntttl rit'R, },ti � }� y 111r}i {tiYtiY�rrrr +�I �Irrrt „ {rt�yt<IiI� jjlr{S�4 }f #7�: rtr, f[2 �4aUt5��'r�iSk��?t�1it{te}� #� 1rttJt�a��ilnJra »ltls�ttttt((1(�(tlr�^5 IlrYtdY�rlu�� rsfwii#t>� {i�I>ir$tibu� Illrtirt#to) �IIII��1�� Ir!�l#t��l�� r .ilrr (�urSSa�(�(1{utt#�, ��(I��t}iltlt� ?kL�l There are currently three employees in engineering;, positions, excluding the City Engineer. This includes the Graduate Engineer and Senior Graduate Engineer classifications. Regardless of classification, the total number of authorized engineering positions should increase from 3 to 5 based on workload demand. The City engineer should determine work assia.nments based,on emolouee skillsef and abilities. Recommendation: Increase authorized Engineering positions from 3 to 5. A 2014 study2 examined project management companies and determined whether they were high performing or low performing companies. They determined that high performing companies had their project management staff handling an average of 8.4 projects while 2 https: / /www.pmsolutions.com /reports /State_of_ the_ PMO _2014_Research_Report_FINAL.pdf Matrix Consuffing Group Page 51 DRAFT Report on the Staffing Study HERT Z, TEXAS low performing companies had their project managers handling an average of 11.3 projects. While the City of Schertz's project manager currently manages 13 projects, which is higher than the recommended number of 8 projects per project manager, the total dollar value of those projects is low: only $13M. Prevailing practice in many locations is to have project managers handling about 8 projects with a total value ,,bf:$20 - $25 million. The dollar value is often associated with complexities of the project and thus the projects themselves take more time to manage effectively. With the City'$, total project count, total dollar value of projects, and a recommendation to begim,managing some vertical capital construction projects, the City should hire one additional Project Manager. Recommendation: Increase authorized Project Management positions from 1 to 2. The following chart shows the proposed Engineering, Department Organizational Chart. MM Department (2) IgE=-Igm- Structure ed organizational chart will allow the Engineering Is with existing workload demands. g Department Staffing Requirements The City is estimated to grow in population and housing by approximately 2.9% per year from 2020 through 2030. The Engineering workgroup functions are expected to grow at a similar rate due to workload scaling. The City Engineer position and Administrative Assistant position do not scale. The other positions in the Department scale based on workload, including the number of active projects, number of plan reviews to complete, Matdx Consuffing GrOUP Page 52 DRAFT Report on the Staffing Study SCHERTZ, TEXAS MatrN ConSUffing Group Page 53 DRAFT Report on the Staffing Study SCHERTZ, TEXAS 7 Finance Department I The Department consists of three divisions: finance, utility billing, and municipal court. This structure is common for local government operations although some organizations will have the Municipal Court organizationally located elsewhere in the organization. Many Finance Departments are also responsible for purchasing operations which in Schertz has been combined with Human Resources. Finance-prepares monthly financial statements, processes accounts payable and accounts re eiva4te transactions, process payroll, completes journal and ledger entries, prepares 40 -99s, manages investments, and reconciles monthly bank statements. Finance is responsible Oonsible for managing unclaimed property, managing debt service and fixed assets,," completing the annual, budget and Comprehensive Annual Financial Report ,,(CAFR). The City uses ADP' for payroll processing. The Utility Billing division is split betw,' oer is responsible for meter reading arid, distribution, collecting utility payments-,,, new accounts, conducting -sewer use maintaining meter boxes,, and '00 111 ecti ng The Municipal C within the corpo process payments jurisdict s of the ete ih over all Class C misdemeanors and City ordinances .i*ity- o. Schertz.:,'Court staff conduct legal proceedings, ier coUrf "'matters, requiring payment, issues warrants, ns, processe I s citations, manages the court docket, and ient to jurors, etc.). Staff make required reports on ,a and alcohol violations to the Texas Department of 111 required accounting reports. art shows the organization and reporting structure of the Matdx Consuffing GrOLIP Page 54 RAFT Report on the Staffing Study SCHERTZ, The Finance Department does an excellent job overall. Employees are appropriately cross - trained to handle priority functions; the Municipal Court, Utility Billing, and Finance each have Written policies and workflow mapping to assist staff in completing their responsibilities', employees :receive training and professional development; the City's most recent Comprehensive Annual Financial Report (CAFR) received the Government Finance Officers Association (GFOA) Distinguished Financial Reporting Presentation Award; and the City's purchasing card program offers financial incentives. The following recommendations will further improve Department efficiency and effectiveness: MatrN Consuffing GrOLIP Page 5 RAFT Report on the Staffing Study SCHERTZ, TEXAS (1) Reducing Utility Billing "Read and Cycle" Dates Will Improve Staff Efficiency At present the Utility Billing Division reads utility meters five times each month and there are seven billing cycles. The City has a full AMI system in place, meaning that almost all utility meters are read remotely through "Advanced Metering Infrastructure ". With an AMI system, it enables a two -way communication over a fixed network in which the City "reads" meters. Once meters are read, the data are provided electronically to the Utility c .. While it makes sense to have more than one billing cycle each month, seven of them can create a loss of efficiency for office staff. Many utility companies have multiple billing cycles; however, two or three of them would make more sense for the size operation as exists in the City of Schertz. With fewer utility billing cycles, Utility Billing employees will be able to manage the billing process more effectively and use the rest of the month to focus on handling customer inquiries, setting up new accounts, etc. There is an estimated Matdx Consuff ng GrOLIP Page 56 RAFT Report on the Staffing Study SCHERTZ, 10% cumulative employee efficiency to be gained by reducing read and cycle dates down to two each month. Two read dates and two cycle dates are recommended. Recommendation: Reduce the number of Utility Billing read and cycle dates to 2. (2) Automating Certain Utility Billing Functions Will Increase Staff Efficiency and Reduce the Risk of Errors. Utility payments are received in several ways, including electronically. When received electronically, Utility Billing staff are required to manually enter all :data received into the Utility Billing software system. This manual entry process adds time and increases the possibility of unintentional errors. The City also does not allow customers to set up accounts electronically as they must complete a manual form which employees then ,Manually enter into the utility billing software system. This manual process adds time for customers and Utility Billing employees. ire that allows dustpmers to set up their own account a secure website (proof of residency, a copy of their as not currently offer this service and requests that e to provide documentation or send it by email (which Recommendation: Automate electronic utility billing payment receipting and the online new account'setup processes. (3) Providing Public Access to Court - Related Paperwork Will Reduce Staff Workload MatrN Consuffing GrOLIP Page 57 RAFT Report on the Staffing Study SCHERTZ, TEXAS Public access to court - related paperwork is not readily available on the City's website. Every time someone comes in or calls because they do not have access to a form, this takes time away from staff handling other responsibilities. Some municipal courts offer numerous forms online, in order to make it more convenient for citizens and to lessen employee workload. An example of forms that are online from another City's website include: The following exhibit shows a screen hOt from the website for the Municipal Court from Mesa, AZ3. Example of Online Court Form Availability Court Forms The more forms the Court can provide online, the fewer people will call or come into the Court. Providing online public access to frequently used court documents is beneficial for 3 htt>s:1i nvw,rn saaov'cit }aalilcour�tt b� °t -f ®rms atdx Consulting Group Page 58 RAFT Report on the Staffing Study SCHERTZ, the citizen and for employees. The Court should work with the City's IT staff to determine how best to implement this recommendation. (1) Current Staffing Analysis workload include the size of the City's budget, r of invoices and purchase orders, and the include the number of utility billing the number of utility bills issued each nd inquiries, account collections and Major drivers'for Municipal Court workload inlude the number of new court cases (which correlates to data entry, payment collection, court scheduling, the number of trials, etc.). The following parameters were used in the Utility Billing Division staffing model: • Times are estimated and averaged while taking into consideration that each function can take varying amounts of time to complete based on its complexity. Matdx Consuff ng GrOLIP Page 59 RAFT Report on the Staffing Study SCHERTZ, • There are approximately 14,000 customer accounts with monthly billing. • Most account management (billing, receipting payment, etc.) is done in a couple of minutes, while only a few customer accounts take more time to complete. • An average of 30 minutes per day of "admin /other" time, per employee, is projected. • The Assistant Utility Billing Manager's time is Utility Billing Manager's time is excluded. • Staff are available to work 225 day vacation, sick leave, training, etc. (252 days for vacations, sick leave, and hol the formula but the ly when accountihI days in 2020 minus ffing should remain the same. holidays, erage 27 The "Q vision's Water Meter Technician classification is adequately staffed for handling water shut off /turn -ons, miscellaneous "repairs and installations, and a limited number of meter reading each month: for the City's approximate 14,000 meters. With three employees in that classification, approximately 14,000 meters, an estimated one hour per meter installed, repaired, air =read (averaged), and a combined 675 working days between the three employees, that represents 5,400 meters that would need work each year to justify existing staffing levels. This represents 38.5% of the City's total meters, which is a high percentage of meters that will need something done to them on an annual basis. There is however a need to have an adequate number of employees available for immediate problem solving, repairs, meter shut offs, etc. and so the City's current staffing levels are appropriate. MatrN Consuffing GrOLIP Page 60 DRAFT Report on the Staffing Study SCHERTZ, TEXAS Phone calls -- - --------- Warrant Pro( ---------------------- - ---------- Total 11 L"i"d 670.5 20 520 65 75 1,734.75 216.84 - — ------------------- 8,308.75 1,038.6 Based on current workload, Municipal Court staffing should increase by one Municipal Deputy Court Clerk in 2021. Matrix: Consuffing Group Page 61 DRAFT Report on the Staffing Study SCHERTZ, TEXAS tioatoo oasea on workload demands Water Meter including the 3 3 3 3 3 3 3 3 3 3 3 Tech (I or 11) number of customer accounts/meters - ----------- - - Municipal Court Division manager Court Administrator positions, does 1 1 1 1 1 1 1 1 1 1 1 not scale MatrN ConSl.flfing Group Page 62 RAFT Report can the Staffing Study SCHERTZ, Employee Projection 2020 Unit Classification Factors Authorized 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Scales based on workload Deputy Court including number Clerk (incl. of violations filed, 3 4 4 4 5 5 5 5 5 5 6 Senior number of designation) warrants issued, fines /fees collected. etc. Finance Department TOTAL 20 21 22 22 23 3> 23 23 24 25 uty Clerk positions Clerk pos uty C from 4 to 5 in erk positions from 5 to 6 in rt deputy Clerk positions MatrN ConSUffing coup Fags DRAFT Report on the Staffing Study SCHERTZ, TEXAS 8 Fire Rescue Department The Fire Department is primarily responsible for responding to emergency incidents in the City of Schertz, providing training to personnel to ensure maintenance of licenses and certifications, conducting plan review for fire and life safety components, conducting public education efforts in the community, developing pre - fire -p'lans for commercial occupancies and inspecting commercial occupancies ,according to established schedules. T fc shown in the Matdx Consuffing Group Page 64 RAFT Report on the Staffing Study SCHERTZ, TEXAS There are no major technology needs within the Fire Rescue Department. The Department has technology available to meet their service delivery needs. Staffing Projections. The following sections outlined the staffing projections within the Fire Department. (1) Office of the Fire Marshal. The Office is staffed To assess the ad( team utilized a rte: determine the app of Schertz. • 'xii com • Hiq.h hazard Iofs of qt E) sta • There are approxim • There • There are no pei education efforts. 1) Fire TE of the functional areas iilding plans submitted for ied codes. The 'office also ;cupancies and oversees tion activities the Office of picious fires. re Marshal. levels in the Office of the Fire Marshal, the project ive and 'qualitative indicators, which were used to eels for providing fire prevention services in the City are pre -fire planned annually. ncies are pre -fire planned twice annually. 530 fire inspections conducted annually. y 250 plan reviews conducted annually. nnel permanently assigned to conduct life safety and public The number of inspections conducted as a workload indicator varies as the complexity and size of the occupancy varies depending on the type of occupancy being inspected. The project team evaluated the mandated inspections conducted by SFD prevention Matrix Consuffing Group Page 65 RAFT Report on the Staffing Study SCHERTZ, TEXAS personnel in FY 2017, 2018 and 2019 and used the three -year average to determine appropriate staffing levels. The following table illustrates the workload in the Office of the Fire Marshal for the previous three (3) years and the correlation to staffing requirements. (2) Operations. The Operations DiVi ion hds 40 full time personnel. The Division is led by an Assistant Chief the supervises three (3) Battalion Chiefs, who serve as the head of each shift. A Lieutenant is assigned to supervise shift personnel assigned to each station. There are nine (9) Lieutenants. The staffing also includes nine (9) apparatus operators and 18 Firefighters. MatrN Consulting %rOup Page 6 FY 2017 FY 2018 FY 2019 Target per Current Staff Inspection /Permit Type Conducted Conducted Conducted Staff Staff Needed Fire Inspections 519 520 530 750 1 .71 Plan Reviews 209 395 305 500 1 .61 Fire Investigations 10 11 121, ' 80 hours ea. 0 .46 Public Education 200 200 2100 2 hours'ea. 0 .20 Fire Code Enforcement 255 260 270 750 0 .36 Meeting / Other 504 504 504 1 hour ea. 0 .24 Total Workload 728 905 835 1.250 2 2.58 (2) Operations. The Operations DiVi ion hds 40 full time personnel. The Division is led by an Assistant Chief the supervises three (3) Battalion Chiefs, who serve as the head of each shift. A Lieutenant is assigned to supervise shift personnel assigned to each station. There are nine (9) Lieutenants. The staffing also includes nine (9) apparatus operators and 18 Firefighters. MatrN Consulting %rOup Page 6 DRAFT Report on the Staffing Study GHERT , TEXAS (a) Call Demand The following table illustrates the workload for the Operations Division the past three (3) calendar years. Calls for Service by Type 2019 2017 2018 (Jan - Total Pct. False Alarm & False Call 158 Good Intent Calls 544 Hazardous Condition 123 Fire 131 Overpressure Rupture 41 Rescue and Emergency Medical 1,418 Severe Weather /Natural Disaster 105 Service Calls 258' Special Incident Type 131 As shown above, Rescue and EMS calls a cbui 50% of the call volume, while fires accauint for 56, 187 11 486 6.0% 551,,"' 411 1,506 18.5% 96 67 280 3.4% 16 105 392 4.8% 78 46 165 2.0% ,500 1,152 4,67"'0, 49.9% 1 3 7 0.1% 230 238 726 '8.9% 200 -' '198 529 6.5% for the majority of calls for service at )f the calls., Matrix: Consuffing Group Page 67 RAFT Report on the Staffing Study SCHERTZ, The following table illustrates the calls for service by hour and weekday for January — August 2019: Calls for Service by Hour and Weekday Hour Sun Mon Tue Wed Thu Fri Sat Total As illustrated above, the busiest hour is the 5:00 pm hour and slowest hour is 4:00 am hour in terms of call demand. Thursday is the busiest day of the week with Sunday having the lowest call demand. The following map illustrates the call demand for fire services in the City in 2018: SCHERTZ, TEXAS MatrN ConSUffing Group Page 69 10 50 50 100 W 100 - 200 0200+ MatrN ConSUffing Group Page 69 DRAFT Report on the Staffing Study (b) Emergency System Dynamics SCHERTZ, TEXAS In making decisions about the emergency services system, it is important for the leadership of Schertz to understand the science behind the location of resources, the deployment strategies of those resources, and other parts necessary to form an effective emergency services system. For many years the Insurance Services Office (ISO) had set the standard for deployment through their Public Protection Classification system. This system was designed to provide insurers a basis for setting', insurance rates and to limit their exposure to large losses and catastrophic events While I le,,these efforts provided a good starting point, there is much more for the lead e rship,to know'While making decisions W, about the fire rescue services in Schertz. Nationally, a great deal of effort and research t objectives for the delivery of fire and rescue governments making decisions about deploym The objectives promoted for Fire /Rescue have been conducted regarding the key point 'in,alli without the impact on the structure of origin an been put into developing performance -vices. ,,This", effort is critical, for local ant and ,location of emergency resources. their basis derived from research that has ire's "life"for gaining control of the blaze J, those structures around it: curve, for interior structure fires. The ashover" is critical because it defines the fire. This is also the point at which structure" fire — involving a wider area e' structures surrounding the original AH times are based on natonsl ave.rage$ i* FLASHOVER-too into rm" Frd#ft*CWrmMrtk5WW 1 2 3 4 5 6 7 a 9 10 Time In Minutes MatrN ConSUffing Group Page 70 RAFT Report can the Staffing Study SCHERTZ, TEXAS Note that this illustration depicts a fire from the moment of inception — not from the moment that a fire is detected or reported. This demonstrates the importance of early detection and fast reporting as well as rapid dispatch of responding units. This also shows the critical need for a rapid (and sufficiently staffed) initial response — by quickly initiating the attack on a fire, "flashover" can be averted. The points below describe the major changes that occur at a fire when "flashover" occurs: • It is the end of time for effective search and rescue in- a room involved in the fire. It means the likely death of any person trapped :in the room — either civilian or firefighter. • After this point in a fire is reached, portable extinguishers can no longer have a successful impact on controlling the blae. Only larger diameter fire hoses will have enough water supply to affect a fire after this point., It should be noted that not every fire will reach flashover — and that not every fire will "wait" for the 8- minute mark to reach flashover. A quickly responding fire crew can do things to prevent or delay the occurrence of flashover.. These options include: • Use of a mas ter 'stream device, using a handline through a window, or other "fast • Ventilating the room to allow hot gases to escape before they can cause the ignition of other materials in the room. • Not ventilating a:rborn — under some circumstances this will stifle a fire and prevent flashover from occurring. Each of these techniques requires the rapid response of appropriately trained fire suppression resources that can safely initiate these actions. In the absence of automatic fire suppression systems, access to interior fires can again be limited by a safety requirement related to staffing levels. OSHA and related industry standards require the Matdx Consuffing group !Page 71 RAFT Report can the Staffing Study SCHERTZ, TEXAS presence of at least 2- firefighters on the exterior of a building before entry can be made to a structure in which the environment has been contaminated by a fire. In the absence of a threat to life demanding immediate rescue, interior fire suppression operations are limited to the extent a fire service delivery system can staff, to assuring a minimum of 4- people actively involved in firefighting operations. Staffing levels also impact property damage, loss of business, and other economic impacts such as utilities, sales and income tax, and property taxes. The results of these research efforts have been responders, often on their own with no single referee and other performance objectives. However, there 'o, to which responders and local policymakers can appropriate response objectives for their community: The Insurance Services Office (ISO) proN distances between fire stations. However, the' the unique nature of every corMnurifty's road n call density, etc. mmunities and first icc; to develop local response time -e four major sources of information refer when determrfina the most basic information regarding ective" does little to recognize k, population, calls for service, (c) Response Response time to an emergency or call for assistance has been broken down into measurable and non - measurable segments. The response time continuum begins when the state of normalcy changes to a recognizable emergency. The following chart outlines the cascade of events that occurs once an emergency starts or is recognized. Those highlighted points represent hard data or that which is quantitative versus soft data or that M tnx Consuffing group Page 7 RAFT Report on the Staffing Study ,TEXAS which is subjective and unknown. Response Time Continuum • Turnout. Time is defined as beginning when the emergency service receives the call and is,, on the apparatus responding (wheels rolling) to the call. • Travel Time is defined as beginning when the apparatus and personnel begin the response (wheels rolling) and ends once on location of the emergency (wheels stopped). The National Fire Protections Association (NFPA), Center for Publics Safety Excellence (CPSE), and the Insurance Services Office (ISO) offered reference points for communities to follow relative to fire service responses, however, only NFPA 1710 offers Matrix Consuifing Grouts Page 7 RAFT Report on the Staffing Study SCHERTZ, TEXAS any specificity. It is important to note that the performance objectives (in terms of response times) provided in the NFPA 1710 document are derived from the basic research previously described. These include the following (all are taken from section 4.1.2.1 of NFPA 1710): • One minute four seconds (64 seconds) for the processing of an incoming emergency phone call, including the completion of the dispatching of fire response units. • "One minute twenty seconds (80 seconds) for turnout time for fire related incidents." This is also called reflex time, reaction time, 99 out�the- chute" time, etc. This is the time that elapses between dispatch and when the units are actively responding. It is also critical to note that these time objectives apply to emergency calls for service — there is nothing in the NFPA documents (nor in any other objective) that suggests that communities cannot establish a differential response to calls for service determined to be non - emergency in nature. In the response timetables included below, non - emergency responses were removed; only emergency responses are included. Matdx Consuff ng GrOUP Page 74 RAFT Report on the Staffing Study SCHERTZ, TEXAS The expression of response time has changed. In years past the measurement was expressed as an average of time. This essentially represents how the system or department is performing 50% of the time and is not a true reflection of how a department is performing. With the research that has been performed in developing performance standards and practices the use of facial time has become the best practice in the measurement and presentation of response time components. Fractal response time measures how often (as a percent of calls) a department can perform within each response time component. The NFPA and CPSE use the 90th percentile as the standard to meet for benchmark and baseline criteria. Matdx Consuff ng GrOUP Page 7 DRAFT Report on the Staffing Study FF,TFA Schertz Fire Rescue has been using a performance target of 5 minutes to report their travel time performance. The following table illustrates this travel time performance over the past three years: Travel Time 5 Minutes or Less 2017 2018 2019 ,(Jan — Aug) Station 1 44% 359/6 36% Station 2 59% °Icy 59% Station 3 N/A '72 °yam 70% Fire C Benchmark The n4 fi a perforr table illu minutes: Avg.: 1 1 m 2:40 1:30 WE benchmarstandard far travel time is four minutes. Schertz has established ;e objective of 5 minutes for travel time to emergency incidents. The following es how well $hertz is performing against their travel time objective of 5 MatrN Consulting GrOUP Page 76 RAFT Report on the Staffing Study SCHERTZ, As illustrated above, the Fire Rescue Department is performing below industry standards in terms of turnout time performance and below their established travel time performance standard of five (5) minutes. Turnout time is a factor that can be improved by setting and measuring the target of turnout in 80 seconds or less 90% of the time. Recommendation: Establish and monitor turnout time performance on a monthly basis and report the performance to each station. The following map illustrates how well the stations work together to provide an effective response force: far emergent', incidents utilizing an 8 minute standard for developing an effective response force. Matdx Consuff ng GrOUP Pugs 77 MatrN ConSUffing Group Page 78 RAFT Report can the Staffing Study ,TEXAS The staffing should include a Captain, Driver Operator and two (2) Firefighters on each shift. The Captain will serve as the overall station commander as there would now be two (2) companies operating from this station. This ensures the Captain is the overall station commander and supervisor of the ladder company, while the Lieutenant remains responsible for supervision of the personnel assigned to the engine company. This will require an additional three (3) Captains, three (3) Driver /Operators and six (6) firefighter positions to cover the three platoons. Recommendation: Staff the ladder company at Station► 2 with four (4) additional personnel daily. (3) Office of the Chief. • Accountability and responsibility are clearly identified: The organizational structure must be-consistent with the concept that clear lines of authority and decision making are essential for any organization to achieve excellence. Areas of responsibility, are clearly delineated and points of accountability are readily identifiable. • Span of control or communication is optimal: Effective organizations are structured so that lines of communication are identifiable and where there are multiple reporting relationships, responsibility for communication and control are clearly identified and understood. Matdx Consufting Group Page 79 RAFT Report on the Staffing Study HERT , TEXAS Coordination of Work Efforts: The organizational structure should facilitate communication and working relationships among staff and work units. Many functions need close or indirect alignment to maximize efficiency and effectiveness. The structure should also provide easy identification of job function to people outside the Department, including other Departments in the City and other fire service agencies. Nationally recognized best practice for span of control in Mthly technical and professional positions is to limit direct reports typically to five or six positions. The spans of control in the Chief's Office align with these best practices. Recommendation: Hire a dedicated Emergency Management Coordinator in FY 2022. (4) Training a The Fire Rescue Department has a single person assigned to oversee the training of the Department. This position is also the Safety Officer for the Department. The Training and Safety Officer ensures all certifications and licenses are maintained and up to date for personnel. This position also conducts safety inspections of stations and protective gear i tdx Consuffing GrOLIP Page 80 RAFT Report on the t ffin Study SCHERTZ, TEXAS to ensure personnel are working in a safe environment and their protective gear meets standards. The following table illustrates the training hours for fire personnel in the past three fiscal years Training Hours by Year on/Permit Type FY 2017 FY 2018 FY 2019 Hours 9,449 8,M0 8,500 Admin Management `" "" 0 0 1 1 1 1 1 1 1 1 1 Coordinator, position, scales at one per organ €zatsn Fire Executive officer Marshal Fire Marshal position, sbalps at 1 1 1 1 1 1 1 1 1 1 1 one per urtr'f' Fire Deputy Fire 1 2 2 2 2 2 2 2 2 2 2 Marshal Marshal Scales to the workload of the unit Training Training and Executive officer 1 1 1 1 1 1 1 1 1 1 1 Safety Officer position, scales at oneper unit Assistant Fire Executive officer Operations Chief position, scales at 1 1 1 1 1 1 1 1 1 1 1 one per unit atdx Consuffing Group Page 81 RAFT Report on the Staffing Study SCHERTZ, TEXAS at x Consuffing Group Page DRAFT Report on the Staffing Study SCHERTZ, TEXAS 9 FLEET AND FACILITY SERVICES DEPARTMENT The Fleet and Facility Services Department consists of the Fleet Maintenance and Facilities Maintenance divisions. The Department repairs and maintains all City vehicles and equipment, as well as its facilities. The Fleet Division provides maintenance, repair, upgrade and outfitting services for all City owned vehicles and equipment. This includes preventive and corrective maintenance, state inspections, tire services, troubleshooting, and others. The Division also orders, stocks, distributes and manages automotive parts. The Division also develops specifications for the fleet and',I makes recommendations for replacements. Fleet Services also provides motor poofser vices. The Facilities Services Division maintains and ' -repairs all City facilities, consisting of lm floors, carpet, offices, storage areas, restroos, cells, conference rooms; and others. The Division also sets up for functions, event§,,, departmental: meetings, etc. 'The Division also oversees the cleaning contract and contracted, repairs to City facilities. The current organizational organizational chart. following Matdx Consuffing Group Page 33 DRAFT Report on the Staffing Study SCHERTZ, TEXAS This chapter provides an analysis of the major operational and technological changes required in the Fleet and Facility Services Department. (1) The City Should Centralize the Ownership and Management of the Fleet under the Fleet Division of the Department. Currently, the Fleet Maintenance Division of the Fleet and Facility Services Department is responsible for the maintenance and repair of 336 vehicles and pieces of equipment. This listing is summarized below. Sedans Pickups, Large Vans Patrol Units Heavy Equipment Non - Motorized Units Small Engines (e.g., Mowers Fire Apparatus Ambulances Motorcvcle . Boats As the table shows, there are 336 distinct u current practice of the`City is that eadh City of equipment "owns" , this unit, and as s replacement. The Fleet Manager may be ultimately the responsibility, and authority, of 6 9.7 9 6.5 fit 4.9 57 7.2 33 9.0 rs) 39 8.3 116 13.1 14.5 10 4.4 10 7.5 s6 7.2 nits maintained by the Fleet Division. The department that operates a vehicle or piece uch; `directs its maintenance, repair and involved in these decisions, however it is each department to make these decisions. Thefrgmentation of ownership afthe City's fleet results in disparate bases for decisions regarding maintenance, repair and replacement, and even what constitutes acceptable utilization feels of each of these units. This can result in sub - optimal expenditures over the courses of the useful lives of each piece of equipment. In any case, it is clear that there is a non- stdndard approach to the management of the fleet. There are many advantages to centralizing the ownership and management of the fleet under a single City department. These include the following: • A single department can develop and implement a standardized preventive maintenance (PM) program and enforce compliance with the program. Currently, the Fleet Division cannot enforce compliance with the PM program, and in fact, reports that it does not know with any certainty which vehicles will appear in the Matrix: Consuffing Group Page 64. RAFT Report on the Staffing StUdy SCHERTZ, TEXAS shop on a daily basis requiring PM. This has obvious impacts on the ability of Mechanics to plan their work. A single department can make better decisions on vehicle and equipment allocation. A key factor in the ability to determine the overall utilization of the fleet is access to fueling events, and by extension, the overall utilization of the fleet, as well as of individual units. Currently, all units are fueled at Valero stations, and the Fleet Division does not receive reports on the amounts of fuel or the miles (or hours) driven by specific units during particular time periods. A central department that is monitoring fleet utilization is best - positioned to make decisions regarding whether specific units may be candidates for eliminating from the fleet, or which of these may be candidates for sharing between► departments. apparent. ,hip of all vehicles and equipment be ability Services Department. The Fleet to make decisions regarding the in the City's fleet. Further, this authority ant when appropriate, and the ability to ets when chronic under - utilization is The project team recommends that the City convert the ownership of all units to the Fleet Division, however it should delay the conversion of the Fleet Division to a self- sustaining enterprise fund for at least 12 months, as both departments and the Fleet Division become acclimated to the change in ownership. Recommendation: The City should convert the ownership of all departmental vehicles and equipment to the Fleet Division. trdx Consuffing GrOLIP Page DRAFT report on the Staffing Study SCHERTZ, TEXAS Recommendation: The City should establish the Fleet operation as an internal service fund. (2) The Fleet Division Should Ensure Greater Accountability for Parts in Inventory. The Fleet Division maintains a moderate amount of inventory in,itparts room that is used by Mechanics when parts are needed for repair. The Mechanics themselves are responsible for procuring their own parts from the parts r©om; installing the parts on vehicles and equipment, entering the used part within the 'Manager Plus" fleet management information system (FMIS), and identifying parts "'Ahat have reached minimum threshold levels that require re- ordering. The project team's ,observation of this process indicates that Mechanics make their best efforts to ensure that all parts that are used are also entered in the FMIS, howe er as their primary jobs are to repair and maintain vehicles and equipment, they may, at times, fall short'of this objective. To determine the degree to which th functioning well from a financial acc random parts number from the FMIS Director in comparing the numbers numbers indicated in the FMIS. (Not recorded) 23 -5094 24068 H1 BP 51060 2.5 r Accu 'Wix Oil Filter' Orifice Tube Halogen Bulb 24 Vait Light I Wix Tranris Fuel Hose m : • Mechanic - driven parts inventory process is perspective, the project team selected ten bod the assistance of the Fleet and Facilities actually. on the parts room shelves to the 3 3 0 1 (2) 2 (1) 6 6 0 7 7 0 6 1 (5) 7 0 (7) 8 8 0 10 0 (10) 10 feet 10.5 feet 0.5 As can be seen in the table, there were six instances out of ten that indicated a discrepancy between the- inventory figures shown in the FMIS and the actual numbers of parts on the shelf, however only three of these differences were of sufficient size to be considered material. The project team recommends that the Fleet Division tighten both the security of the parts room, as well as the procedures in place for recording parts usage. Again, Mechanics are generally not focused on the administrative procedures related to parts usage, but rather on repair and maintenance, and the quick turnaround times associated with quality, Matrix Gonsuiting Group Page 86 RAFT Report on the Staffing StUdy SCHERTZ, TEXAS safe repairs. These administrative procedures are most effectively administered by professional parts personnel who are responsible for ordering, receiving, stocking, disseminating, and accounting for all parts in the parts room. The project team recommends that the Fleet Division hire a Parts Room Clerk to administer the activities of the parts room. This will alleviate Mechanics of the responsibility of ensuring the accountability of parts, which interviews indicate is consuming a very large percentage of their collective time., Although the Human Resources Department should evaluate the content of the position of Parks Clerk for its appropriate placement in the City's Classification and Compensation Plan, the project team estimates that this position may be placed at a Pay Grade ,l$ for cost - estimation purposes. The Step 1 salary for this pay grade is $29,473.60. Adding 40% for fringe benefits results in an estimated total annual compensation for this position of $41,263.04. Recommendation: The Fleet Division inventory. Recommendation: The Fleet Division should h parts inventory. (3) The Fleet Division Should enhance: controls over, its parts Clerk to administer the A vehicle equivalent' represents a relative repair factor that enables comparisons between different types 4f vehicles and different fleets. The baseline that is used is the general passenger sedan having a VU of 1. All other types of vehicles and equipment are given a VEU based on, the relative level of effort to maintain them in comparison to a sedan. For instance, a law enforcement patrol vehicle is generally given a VEU of 2.5, indicating this type of vehicle required 2.5 times the level of effort to maintain than does a sedan. A trailer might be given a VEU of .5, while a fire truck, on the other end of the spectrum, has a VEU of 10.0. For this project, we assigned a VEU for each make and model of vehicle. The 336 active vehicles in the fleet total 723 VEUs. Therefore, the Fleet Maintenance Division is responsible for maintaining a fleet that is the equivalent of 723 sedans. The following table summarizes VEU calculations. tk ConSLflfing Group Page 87 DRAFT Report can the Staffing StUdy SCHERTZ, TEXAS Sedans 6 6.0 Pickups, Large Vans 98 147.0 Patrol Units 62 155.0 Heavy Equipment 57 199.0 Non - Motorized Units (e.g., trailers) 33 16.5 Small Engines (e.g., pumps, generators) 39 20.5 Mowers 16 16.0 Fire Apparatus 5, 50.0 Ambulances is 100.0 Motorcycles, Boats 10 13.0 Total 336 723 Recommendation: The Fleet Division should hire two. Fleet Mechanics. (4) The Facility:ervices Division Should Develop and Implement a Preventive Mai ntenance'Program for Citv Facilities. Many building industry and facilities management groups, including the American Public Works Association, the wilding Owners and Managers Association (BOMA) International, the "'',Association of Physical =Plant Administrators (now named the Association of Higher . Education. Facilities Officers), and the Association of School Business Officers agree on the benefits of well - planned preventive maintenance. These professional associations cite preventive maintenance for its effects on improving equipments operating efficiency, preventing premature replacement of components, and avoiding interruptions for building occupants. Effective preventive maintenance has been widely proven to reduce long -term costs by maximizing the operating capacities of equipment, minimizing downtime, and avoiding breakdowns that would otherwise lead to higher repair costs later. Studies within individual companies show savings in energy costs and repair costs, as well as reductions in equipment breakdowns, due to preventive maintenance. Some studies have shown that the investment of time and financial resources into preventive maintenance returns $2 in savings for every $1 invested.4 4 "From Preventive to Proactive ", Public Works Magazine, November 2007. Matrix Consuffing GrOUP Page 88 DRAFT Report on the Staffing StUdy SCHERTZ, TEXAS The Division should enhance its preventive maintenance program for the heating, ventilating, and air conditioning, electrical and plumbing components for all of the City's buildings. The Division has not yet entered all of the major maintenance equipment into the Manager Plus management information system, which is a critical step in developing maintenance schedules, and reporting on results. The Division should enhance and implement a comprehensive preventive maintenance program and enter these elements into Manager Plus along with the elements of maintenance, and ,the frequencies with which the maintenance should occur. The elements of this preventive maintenance program are presented below. • Develop a ce vdr , k'planhing and scheduling system for preventive 111 dings and building components. The core of any (ce program is inthe scheduling and assignment of specific lm,Jasks. This is almost always done using a work order of the ,,preventive maintenance program takes the work items facility , component, such as the quarterly inspection of a id assigns them to Division staff according to the established • Report actual versus planned results of preventive maintenance. Effective preventive mainl�6nance programs depend on feedback from Facility Services Division staff Using the work orders and a reporting/tracking system of costs associated with the work order. This information is used to maintain the proper balance between preventive maintenance and renewal and replacement efforts. • Establish a reporting system. Through a combination of informal evaluations and formal audits, a reporting system could be established to analyze the Matdx Consuffing GrOLIP Page 89 RAFT Report on the Staffing StUdy SCHERTZ, TEXAS Division's maintenance system to ensure cost - effective maintenance. Although there will be some initial costs and time consumed in setting up the preventive maintenance program, the benefits are typically apparent within 18 to 24 months, although the full benefits may not be realized for some number of additional years. As was noted above, for every dollar expended in preventive maintenance, the City may eventually see two dollars of costs saved in maintenance costs. Recommendation: The Facility Services Division should develop and implement a preventive maintenance program for all City facilities., (5) Consideration should be given to movi Services (currently a stand -alone department Recommendatio moved to the Pu The position of Dire( employee in this posit the functions of Fleet & Facility the Public Works Department. with duties and services provided by ant and infrastructure maintenance. =nility Services within the Public ge staffing requirements, existing r impact the span of control and Iment., The City has discussed Works, and if authorized, these ,ty by streamlining maintenance functions related ,'10 Fleet & Facility Services should be ff in the Fleet and Facilities Services Department are the lumber of I buildings in the system. Given that there are no timates over the planning period, the project team utilizes 'y ,for these estimates. However, the City should develop data egjuipment estimates as a better measure for projecting future does not scale and is assumed to remain constant at one The position of Facilities Technician is assumed to vary with building space maintained and it is anticipated that this position will not increase from the current five employees by 2030. Likewise, the positions of Electrician and HVAC Technician are assumed to vary with population. These positions are expected to remain constant at one employee. Each Matrd x Consuffing GrOUP Fags 90 RAFT Report on the t ffing Study SCHERTZ, TEXAS of these staffing projections is predicated upon the Department continuing to expend current percentages of contracted repairs and maintenance over the planning period. The positions of Facilities Maintenance Foreman is expected to vary with the number of staff supervised. Given that there are no increases in staff anticipated over the planning horizon, it is expected that a single incumbents will be sufficient over the planning period. The project team has made the recommendation to increase the number of Fleet Mechanics six in 2021. Based upon estimated increases in workload, the number of Fleet Mechanics is expected to grow from six ,416 +eight by 2030. The project team has also made the recommendation to add the position of Parts Clerk in the Fleet Division, and this position is expected to vary with the number of Mechanics. However, it is anticipated that a single Parts Clerk is able to accommodate the:demands of eight Mechanics, and therefore no increase in this position is anticipated. Recommendation: Add an additional mechanic in 2025. Recommendation: Add an additional mechanic in 2030. MatrN ConSUffing Group Page 91 Employee Projection 2020 Unit Classification Factors Authorized 2021 2022 2023 " 2024 " 2025 2026 2027 2028 2029 2030 Administration Director Executive 1 J 1 1 1 1 1 1 1 1 1 position; does not scale. Administrative Varies 1 1" i 1 1 1- 1 1 1 1 1 Assistant with staff supported Fleet Services Fleet Manager Position': 1 1 1 1< !: 1 1" 1 1 1 1 do85 not seat " Fleet Foreman, -' Position 1 1 1 1 1 1 1 1 1 1 1 does not scale Fleet Varies with 4 6 6 6 6 7 7 7 7 7 8 Mechanic fleet size Parts Clerk Vanes with Q 1 1 1 1 1 1 1 1 1 1 Mechanics supported" Facilities Facilities '"" Position" 1 1 1 1 1 1 1 1 1 1 1 Services Manager does not ,Scale Facilities . Varies with 't 1 1 1 1 1 1 1 1 1 1 Foreman staft:under supepiislon Facilities Scales with. 5 5 5 5 5 5 5 5 5 5 5 Technician building space HVAC Scales with 1 1 1 1 1 1 1 1 1 1 1 Technician building space Electdctan Scales with 1 1 1 1 1 1 1 1 1 1 1 Recommendation: Add an additional mechanic in 2025. Recommendation: Add an additional mechanic in 2030. MatrN ConSUffing Group Page 91 RAFT Report can the Staffing Study SCHERTZ, TEXAS 10 Geographic Information Systems (GIS) The GIS Department uses Geographic Information Systems to create maps, analyze information, and visually examine the geographic features of mapping layers. Services provided by the Department are designed to improve effectiveness and increase efficiency with a department's decision - making processes through spatial analysis of GIS data. The following organizational chart shows the organization and reporting structure of the GIS Department. utilizes, propriate technology and equipment to effectively manage ughout the City including, regularly updating some GIS mapping never two areas in which operational changes would be beneficial. (1) Complete the Mapping Layer for City Signs and Their Locations In a modern, technologically integrated public works operation, the City's Public Works Department assets are entered and tracked in GIS layers. By maintaining an inventory of not just the number,,, and specifications of infrastructure components, but also their physical locations, the' City can improve its efficiency and level of service in a number of ways: • Pinpointing the physical locations of assets such as signs, catch basins, and culverts allows workers to locate them in the field more quickly when they need maintenance or repair. atdx Consuffing Group "age 9 RAFT Report on the Staffing Study ,TEXAS • Tracking the locations of service requests allows management to visualize patterns in damage or wear and tear to City assets. • Maintaining an accurate database of the locations of existing infrastructure makes it easier for engineering work to be planned and executed when it involves moving, reconfiguring, or working around those assets. Recommendation: C ing layer for City street signs and their locations. partmetts to Demonstrate the Value of Spatial Id be Enhanced ,es in the pity. With existing workload (discussed later in maintain 81' Oisting mapping layers, there is little time ?ut to individual departments to demonstrate the value of Public Works often use GIS services to spatially view make more informed decisions; however, not all City )gy to their full advantage. For this reason, there is ►loyees to proactively reach out to individual department IS services can help them better manage their individual GIS staff allocate at least 10% of their annual available time to making presentations and working on new projects for departments that do not extensively use GIS services, should prove beneficial. MatrN Consuffing GrOUP "age 93 DRAFT Report on the Staffing Study SCHERTZ, TEXAS Recommendation: One GIS employee should spend at least 10% of their time working to implement GIS technology into every department in the City. Staffing Projections The following parameters were used in the GIS • Staff are available to work 225 days annually when accounting for holidays, acation, sick leave, training, etc. (252 working days in 2020 minus an average 27 days for vacations, sick leave, and holidays). n ......,. Ism" ++ s t , t4 r r . { , , sr ts r .� 3i r q,t , ,fitr . 55r , F t r £zt. rr i `t S F r rr Fa,z I rtr3 � r Prostr� �+jcf Mgt /New. 7a 12 32 384 48 _ _ . _ -------- _ Updating Prior L?ata 81 32 2592 324 _-------------- . _ w -- ------- ------------- . ......... ---------- Management /upervisory 225 1 225 28.13 Admin /Other 225 1 225 28.13 Training /Education 1 180 180 22.5 _.------- ._ . ____..__ ---------------- . __ . Total 3606 450.76 The City's current number of GIS is adequate to handle existing workload demand. Matrix onsuifing Group Page 04 RAFT Report can the t ffin Study SCHERTZ, TEXAS (2) Projected GIS Staffing Requirements The City is estimated to grow in population by 2.9% per year from 2020 through 2030. As an internal service department workload demand will generally grow at a parallel rate as City population and housing growth. As other Departments increase staff and have a need for additional GIS services, the GIS department will want to ensure staffing levels remain adequate to provide those services. Positions will scale based ors the workload, including employees of the GIS Department providing additional training, education, and project development to other City Departments Based on projected increases in City population years, workload demands for GIS employees are and 30% by 2030. GIS GIS Specialist Scales based 1 1 on workload DatabaseBusinoss', Scales based 0 Analyst tan workload 122 2023 2024 , 2025 2026 2027 2028 2029 2030 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 3 3 3 3 3 3 3 3 3 The crease in authorized positions in 2022 is due to an expected increase in workload from ' the Department's Qutreaeh efforts in 2021 as employees work with other Departments to increase the use of GIS technologies throughout the City and an identified need for a daiabase /business analyst to support the City's data and business process needs. In conjunction witlthe recommendation later in the report to merge GIS into the IT Department, it:is anticipated that this position would be a shared position focusing on both typical GIS duties and business analyst duties that would support IT operations. There might be a need to increase GIS staffing in future years and the City should monitor workload demands to determine if by 2030 there is justification for an additional GIS staff member. Recommendation: In 2022, increase authorized staffing by one position with the addition of a Database /Business Analyst position. .tdx Consuffing Group Page RAFT Report on the Staffing Study SCHERTZ, TEXAS The Human Resources Department is responsible for the providing services and support in the areas of recruitment, selection, staffing, benefits administration, labor law compliance, performance management, employee development Arid relations, health and wellness and policy administration. Purchasing and Asset Management is a division within the Human Resources & Purchasing Department. The Purchasing and Asset Management diri ion consists of three (3) FTEs who perform purchasing, risk, and safety management services for the City. The Division is responsible for managing purchasing, inventory, property disposal, ization taff manage bids, quotes, , and the disposal of City Sts inventory, property and coordinates insurance ,�dules safety training, and reporting structure of the Matdx Consuff ng GrOUP Page 9 DRAFT Ana ysis of Current Resource Needs chertz, Texas • Purchasing thresholds and policies are established. • The organizational proactively researches and seeks out,buying discounts. • The City tracks its worker's compensation losses and has safety committee that reviews all accident and incident reports. IIIIII,,llllllll 111111411lii�1111 I 01IMMIT., �M MITOTrAl Information about upcoming retirements can ,b"6 when vacancies are likely to open up in various d( a head start on developing a qualified pool of �41 retirement can help the department begin to m4 tactics sooner rather than later. However, the dept methodology for projecting the likely retirement of a customer department may know When retirelm( is not always informed about these transitions: ' It the recruitment staff in this effort, the Departmehl and retirement plan n i ng`6t0d61., One model for projecting employee,,retiremen years of service,'apO indexing those totals at to determine likely retirements. Both bf:t hos( readily available. An example,lolf this meth( retirement risk currentfirne, as well as Employee 1 23 1 Employee 2 48', 15 Employee 3 45 19 Employee 50, 19 Employee 5,:11 48- 23 Employee 6 48 24 Employee 7 49 27 Employee 8 52 25 Employee 9 54 32 Employee 10 57 35 )Ives totaling employees' ages and their -urrent time, as well as for future dates, ires could easily be obtained from data depicted in the table below, showing years and 5 years: Matdx Consuffing Group Page 97 DRAFT Ana ysis of Current Resource Needs Schertz, Texas While a model like this one can be constructed manually, this represents an area where technology can be used to improve the Department's operations. Existing data should be sufficient to generate reports such as the one above (or at least data that can be presented as a report). These projections should be updated on at least an annual basis in order to account for employee turnover and refresh the Department's strategy for replacing lost employees and skills. Employee skills and certifications could also be included in these projections. This would help the HR department anticipate when skills will be lost and begin, strategizing to replace them, either by hiring new employees with the desired skills or by incentivizing existing employees to acquire those skills and certifications. Recommendation: The Department should upcoming retirements based on age and ye it at least annually to anticipate which E replaced. The Department's recruitment staff; currei candidates for open positions. While staff in which recruitment sources are the most effec efforts at determining which recruitment sa providing both qualified and diverse candidat' methodology for predicting ice of employees and update and skills will need to be multiple avenues for recruiting rtment learn on an informal basis apartment should focus analytical e proven reliable in the past in consideration. The Department should work toward a long- term goal of achieving a workforce that is reflective of the Schertz community and the market demographics from their typical recruitment area. Doing tlis would allow the Department to make an assessment about which recruitment sources produce the greatest numbers and /or diversity of interview - worthV candidates. Additionally, the Department should utilize the available data regarding recruitment efforts to evaluate the effectiveness of each. From discussions with staff throughout the organization, the ,City has faced some difficult recruitments in the last several years on select positions. There have been several notable positions that have been difficult to fill including key leadeirshlp positions and high- turnover positions (such as part -time and some front -line field positions). While there is some internal belief that a major factor in the recruitment difficulties may be pay and compensation (which is being studies under a separate study), it would be beneficial to evaluating recruitment avenues on an on -going basis to identify which ones have the greatest impact in bringing quality candidates to the City for consideration. Matrix Consuffing Croup Page DRAFT Ana4ysis of Current Resource Needs Schertz, Texas Recommendation: The Department should prioritize efforts to expand the diversity of applicant pools to enable it to work toward a City workforce that is reflective of the community and to ensure that the best available recruitment avenues and methods are being utilized to attract qualified candidates to the City. (3) The Implementation of a Worker's Compensation Policy Would Ensure Comprehensive Procedures are Followed to Reduce the City's Risk Exposure. The following table shows the number of worker's past three fiscal years along with the;dollar loss for Worker's * FY181,19 available The following chart pro, trends forage past three of the fiscal year n claims for each of the MD &O F17/18 FY18/19* 376 380 32 33 8.51 8.68 $31,924 $104,989 $998 $3,181 $85 $276.29 a visual representation of worker's compensation claims FY18/19 data is through nine months of the fiscal year. Matrix Consuffing Group Page 99 3500 3000 2500 2000 1500 1000 500 0 MM FY 17 FY 18 FY 19 A worker's compensation investigation policy clearly identifies responsibilities for various employees (the injured employee, the supervisor, the witnesses, risk and safety, human resources, etc.) whenever a workplace injury or illness occurs. These responsibilities include a supervisor making sure to obtain photographs of the injury and of the scene where the injury took place, obtaining written statements from possible witnesses, etc. These clear policy directives not only hold everyone accountable to ensure a thorough MatrN Consuffing Group Page 100 DRAFT Ana ysis of Current Resource Needs investigation takes place, but the comprehensiveness of the investigation should reveal whether any safety - policy modifications are necessary to prevent future incidents. An additional benefit to a policy that clearly identifies employee responsibilities during a worker's compensation incident is that it serves as a deterrent for anyone who might seek to commit worker's compensation fraud or otherwise abuse the system. The following exhibit is a sample policy that can be used as c c,idance to create a policy applicable for the City of Schertz. There will be sections within , the sample policy that are not necessarily applicable to the City (Company Nurse; light duty /return to duty, etc.); however, the intent is to provide the City with general guidance to assist with the creation of a worker's compensation policy. Sample Worker's Compensation Policy and Procedures Scope: All employees B. Prior to seeking, arty tiff -site medical treatment, the injured employee shall call the phone triage service centr'(Company Nurse) unless it is unreasonable for the employee to do so due to the need for urgently required medical treatment. C. If treated by a physician, the employee shall notify the treating physician that the injury occurred at work. D. Every time an employee sees a doctor for treatment of the reported injury, the employee shall submit to the employee's direct supervisor (or designee) written notification from the doctor of the employee's work status and /or work restrictions. If a physician creates or changes any Matrix Consulting Croup page 101 DRAFT Ana�ysis of Current Resource Needs return-to-work restrictions, the employee must notify the his or her direct supervisor (or designee) of those conditions prior hm returning howork. E. Cooperate with any internal administrative investigation into the incident and answer honestly and completely all questions asked bv the employee's supervisor. F If the employee io off work due worker's compensation related responsible for calling or otherwise contacting his/her supervisor,�after the employee's next scheduled follow up visit or one (1) time per normal workweek to 'update the supervisor on the status of your injury. G. The employee must observe the noted restrictions during all times,during the work comp related period, including inside and outside the,emplovee's home Ouring both the Total Temporary Disability (TTD) period and/or treatment period after returning t9active work duty. Section 3: A. Ensure thgttheooene areimmadi6 and the City The supervisor st supervisor should of the injury (unle! 70 ay'n,ot work in any capacity (either dUring both the Total Te�mporary i1rig to active work duty. Violation nary action, up to and including ero' compensation benefits. possible, but not later than rk, and discuss scheduling or restricted basis). prevent further injury and hoprevent any ryordeath of ari employee, ensure that all appropriate authorities ,-including but not limited to 911, the Human Resources Director, ensure that care ia immediately obtained, and then the ie phone triage service center (Company Nurse) and make the report employee has already done so). O. Coordinate, wit1k the Human Resources Department to complete on investigation into the cause of any,r000rted injury. The supervisor understands the job battorthananynneandia in the best position to assess all conditions that led up to the injury. 1. The investigation of the incident shall include ata minimum the following information: o. Names of all involved personnel. b. Names cd all potential witnesses. c. Statements from all involved personnel and potential witnesses. Matrix Consuffing Group Page 102 DRAFT Ana�ysis of Current Resource Needs d. Photographs ofthe area where the reported injury took olaoa (for everything except minor injuries). If possible and appropriate under the circumstances, obtain photos nfthe injury. e. A narrative report of what the investigation revealed (to include information on whether or not safety procedures or applicable City policies were followed). f. A recommendation for corrective action if appropriate (this includes a change ho current safety procedures and/or specific disciplinary action for any employees who violated policy nr safety prooadurae). E. Upon learning of any new or change to a retu Resources Department ua soon aa practical during F If the injury did not roquinuoff'ade medical service, the supervisor must ensure comp and submit ithn the Human Resources Del the incident. G. Complete the "Supervisor's Incident Investigati Resources Department within eight (8) hours of ited all restrictions are foU n' notify the Human d, the employee did,ni the | jun� within eight (8) houna call phone triage ,Near Miss" form beina notified of � and submit ittothe Human of the incident. atus due to a worker's compensation related injury, .easonaole feasible,,,,contact with the employee at to obtain, an, update a f i4b employee's status of the for theAffected employee — the Human Resources Department of any ployee working for them is responsible to The supervisor, ' upon that ��m��Uwo�a�u- eha||rav uroawith the employee atsome point during the first day the employee returns rowork. Section 4: Purchasing and Asset Management Division A. party administrator (hereafter known as the "TPA") by the end of the next business day. B. nan employee injury xs serious orx death occurs, notify the City Manager and TPA oasoon as possible. C. For cases of serious injury nrdaath.reooundhothe000naandovareoatheinveeUosUon. O. U directed, investigate the incident and provide a detailed report aobo the situation that led uptothe injury, vvitnuee statennontn, photographs of the acene, photographs of the injury (if Matr�x Consuffing Group Page 103 DRAFT Ana�ysis of Current Resource Needs possible and appropriate under the ciroumatancaa' and what, if any, policies were violated. Provide a recommendation for policy or process improvement, if any. E. Complete all work comp TPA required forme whether in print or on-line format, in aUnxek/ manner. F Notify the work comp TPA and the appropriate department head of any change in the employee's restricted status. Section 5: Follow Up Office Visits and Treatment: A. Medical office visits or treatment for all Employees who schedule work-relate� appointments during work hoursvith th( 1. If the office visit Plus travel time aW health care provider explaining the 2. If suchfilmle is payable, thetjrne off du office visit ortreAtmen't pament.'', :)Ioyees during non-work hours will be unpaid. ury ''Appointments may attend those n,work,exqppds two hours, additional time may ee provides Awritten statement signed by the n for the extended office visit. adukedwork hours shall be reported to the )port the time hu the work comp TPA for a supervisor notification of any work-related office visit or sible, but no later than 24 hours after the office visit or treatment hctions due to 'injuries shall not ba allowed to work without review of the restrictions and permission from the Human A. Agoal of the City is to return the employee back to work as noon as possible. In some circumstances, it may be appropriate to create a limited or "light" duty position for the employee fora limited pahod, consistent with the work restrictions listed by the employee's physician. Nothing contained herein shall be construed to create a guarantee that the City will offer light duty work to an employee. Any offer nf light duty work is at the City's discretion. Matux Consuffing Group Page 104 DRAFT Ana4ysis of Current Resource Heeds B. The appropriate supervisor shall work with the Human Resources Department to revise the employee's current job description to be reflective of each unique light -duty position created and ensure that essential job functions are listed. Physician restrictions shall be incorporated into the job description. C. The "Total Temporary Disability" (TTD) portion of a worker's compensation claim may be denied if an employee is offered light -duty work and that employee refuses the assignment. If offered light -duty work, the employee is expected to accept it. If an employee fails to accept the light - duty job assignment that employee shall not be paid by the City except if they choose to use their own accumulated leave balance. Section 8: Payments: A. All employee medical bills resulting from a w work comp TPA for processing and payment. B. Worker's compensation payments for Tern by the work comp TPA directly to the empl ury shall be otal Disabil ) are directly to the and paid nless it is known that the time off vacation, or compensatory time fter the injury. If the time off from ,pmpensation (if approved) would 3r' Compensation approved rate a. If TTD:payments are'pproved by the-,Work comp TPA, and if the first three (3) days are deemed payable, the Work comp TPA WIJI make retroactive payment to the employee for the three lost workdays and the City'will go back and replenish the employee's sick, vacation; or compensatory leave balanco t 100% for the three days after the date of ihiury for which th :emolovee took leave. b. Upon payment by the work comp TPA for the three lost workdays, the employee shall be responsible to repay, any benefit time paid out by the City covering the same three lost workdays.,,. D. Until a claim is approved by the work comp TPA, an employee will only be paid by using his or her own accumulated {eerie balances. If TTD payments are approved by the work comp TPA, the City Will o back end replenish the employee's sick, vacation, or compensatory leave balance at 100% for ail pplidable time after the date of injury for which the employee took leave. E. In the event a claim is denied by the work comp TPA, any bills for medical claims paid by the City, or temporary total disability (TTD) benefits paid to the employee by must be reimbursed to the City. F. The supervisor of an employee who is off work, due to total restrictions imposed from his or her physician, shall complete the employee's time sheet and submit it at the same time and in the same manner as regular time sheets. Matrix Consulting Croup Page 105 DRAFT Ana ysis of Current Resource Needs Adoption of a comprehensive worker's compensation policy will enhance the City's ability to better manage its worker's compensation investigations with the goal of reducing its dollar losses and its rate of claims per 100 employees so that those claims are at or lower than the national average for state and local governments. Recommendation: Adopt a comprehensive worker's compensation investigation policy. (4) Improve Inventory Management of City Staff were unable to say when the last inventory of able to say that it was not within the past year -Th i for ensuring a complete accounting of City ,Assets under management should be completed at fea: responsible for the inventory. The Purchasing anc appropriate group to complete the ity inventory p To reduce the inherent risk of inventory, theft or At least three times during random intervals th Purchasing and Asset Management Division sh+ per department to- ensure items are present. Estimated staff ti hours annuallv. I ann Recom Staffing to se, inventory audits are beneficial. rout the year, employees from the ;ample,at least five inventory items audits is 10 hours per audit, or 30 annual inventory of City assets is 80 a complete inventory of capital assets occurs at least mpling of inventory at least three times annually. ns The Human Resources Division has four positions: HR Manager, Senior Generalist, Generalist, and Administrative Assistant. The Purchasing and Asset Management Division has three positions: Purchasing and Asset Manager, Risk and Safety Specialist, and Senior Purchasing Specialist. Matdx Consuffing Group 'age 106 DRAFT Ana ysis of Current Resource Needs (1) Current Staffing Analysis During discussions with staff and an evaluation of the positions, it was noted that the existing staff feel there is additional capacity to handle any potential growth in workload in the foreseeable future. The more pressing concern for the Division appears to be the classifications utilized — where the differentiation in duties between the Senior HR Generalist and HR Generalist are not well defined and the differentiation is potentially not necessary for the successful operation of this division. If these positions are addressed during the classification and compensation study, immediate needs related to staffing within the division should be addressed. The following parameters were used in the Purchasing and Asset Management Division staffing model: • Times are estimated and averaged while taking into consideration that each function can take varying amounts of time to complete based on its complexity (auction items are always posted but not always sold, which more time is consumed when an item is sold; one RFP might take 8 hours to complete while another more complex one might take in excess of 80 hours; etc.). Matrix Consuffing Group Page 107 • Staff are available to work 225 days annually when accounting for holidays, vacation, sick leave, training, etc. (252 working days in 020 minus an average 27 days for vacations, sick leave, and holidays). Processing PO's 10,812 0.2 2,162 270.25 _____ _ ----------- Buying 48 3 _ 144 ________ _. 18 RFP /Q Prep /Issuance 26 40 , 1;{740 130 Fixed Asset Modification 47 0;5 23.5 2.94 Contract Administration 90 2.5 :: 225 28.13 .. Auction Item Mgt. 312 ..0 0.5 .. 156 -------- _------ 19.5 Inventory Mgt. 12 12.5 =150 18.75 Safety Training - 1.2__.___. Work Comp Mgf., 45 16 720 90 Administr'4We /Other 225 _ 1.5 „ w 7.5 42.18 ... _ . ------------ TotaV 5,006 625.75 Matrix Consulting Croup Page 108 DRAFT Ana ysis of Current Resource Needs Proposed Purchasing and Asset Management Organizational Structure Implementation of the proposed organizational cl Management Division to align staff inig, levels with (2) Projected Human Department Staff ir The Div based number on Manager p( workload, incl if,,,informal e the i ,rmal Asset rkload demands. Management % per year from 2020 through 2030. As ted to increase as other departments in the number of capital items under se orders and create new RFP/Q's, and is for City employees will all play a factor of scale. The other positions in the Division scale mber and value of purchase orders issued, the bids issued, and the number of contracts Based on projected, increases in City population and housing growth over the next 10 years, workload demands for Human Resources and Purchasing and Asset Management are estimated to increase by 15% by 2025 and 30% by 2030. The following table illustrates the staffing recommendations for Human Resources & Purchasing and Asset Management over the next 10 years: Matrix Consuffing Group Page 109 DRAFT Artailysis of Current Resource Needs Matrix Consuffing Group Page 110 Employee Projection 2020 Unit classification Factors Authorized 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Director Management position; HR does not 1 1 1 1 1 1 1 1 1 1 1 scale. HR Manager Management position; does not scale. Sr. HR Scales Generalist based upon number of employees, workload and assigned duties. HR Generalist Scales based upon number of employees, workload 1 1 1 1 1.6 1.5 1.5 1.5,,,,, 1.5 2 and assigned duties. Administrative Scales Assistant based on size of orclanization Purchasing Purchasing & Executive ' & Asset Asset Manager positior"clOes'' 1 1 1 1 1 11'� -1 , , '1 1 1 1 1 1 1 Mgmt notsbale,� Support Risk & Safety position; scales Specialist at 1 per Department ------ ---- - Senior Purchasing Scales based Specialist on,wprkload. Matrix Consuffing Group Page 110 DRAFT Ana ysis of Current Resource Needs �1�1 12 Information Technology I The Information Technology Department consists of eight (8) FTE employees. Staff are responsible for maintaining, operating, and ensuring the security of the City's information technology needs. Staff maintain both system hardware and software and perform daily customer service functions for staff in all departments related to ,technology utilization, troubleshooting, and repair. The following organizational chart shows the organ Information Technology Department. I The ng structure of the M�M 1 lartment does an excellent job overall in numerous this list is not comprehensive, it highlights that the 61 is meeting best practices in several areas: • The ,Department has'an established disaster recovery plan in place. • There 'is-,an active ant!= phishing campaign. • It makes W ' ectiv&:us ' e'of firewall and antivirus technologies. • There are numerous security protections in place • Workorders are tracked and monitored. • The Department enforces computer password security requirements. • Email attachments are automatically scanned for potential threats. • A helpdesk is in use and requests for service are tracked with a workorder system. The following section identifies needed changes to operations or technology. Matrix Consuffing Group Page 111 DRAFT Ana ysis of Current Resource Needs chertz, Texas (1) Providing Additional Cybersecurity Training for City Employees Will Reduce the City's Risk of Harm from a Cybersecurity Incident There are numerous and ever-changing cybersecurity threats toward local governments. These range from phishing schemes, spear phishing schemes, ransomware attacks, DNS (DDoS) amplification attacks, Telephony Denial of Service (TDoS) attacks, malware intrusion, and others. Numerous local governments have recently been victimized by fraud incidents in which someone claiming to be a vendor was able to convince the City to update the "vendor's" bank account information. Through , Variety of cybersecurity- related methods, these people defrauded those governments out of millions of dollars when the government paid its "vendor" amounts due from invoices, 'only to learn that the new account they sent the money to be fraudulent."'', Numerous other cities have fallen victim to r City's server through am employee clicking attacks can cause significant disruption to locking the City out of its servers. ire attacks, often introduced into the within email. These ransornware OsAf 'a third party is successful at The City does not currently spend much formal time educating employees on the multiple types of cybersecurity risks that exist or on how they can help prevent a cybersecurity- related incident from happening at the City of Schertz. The Information Technology Department should ensure that all City employees receive at least one hour of training each year related to cybersecurity training and education. Maffix Consuffing Group Page 112 DRAFT Ana ysis of Current Resource Needs Recommendation: Provide at least one hour of cybersecurity training /education annually to all City employees. (2) Technology Expertise Should be Maintained Information Technology employees work with approximately 70 different software systems across all City Departments. The IT employees are responsible for either being Subject Matter Experts (SMEs) for those systems or knowledgeable enough to work with the software vendor SMEs to ensure all systems are working as designed. Additionally, IT employees may need to troubleshoot issues with each of thane software systems as well as train City employees on software utilization. With technology frequently changing and the need for IT employees to be able to quickly address software - related issues for every City - 'Department, ,the IT Depart mp nt should ensure that its employees receive adequate time each year to train and educate themselves on every system in which they work. one I employee is a Subject Matter yytem in Wse by City Departments. 2M reTaTT Ila • • - A narrow,:span of control provides a better ability for effective communication between manager and.employees, it allows for improved feedback, it provides better control over subordinates, and it provides senior management with a better ability to focus on the core responsibilities of the position, rather than day -to -day supervision of all staff. Wide spans of control have advantages in certain situations as well, such as they cost less to implement, and in situations where all employees are doing the exact same function (i.e. working on an assembly line), it is more reasonable to have a flatter organizational structure. With IT employees working across all City departments, with a current flat organizational structure, to be even more effective at the core responsibilities of leading a Department, Matdx Cons ffi g Group Page 11 DRAFT Ana ysis of Current Resource Needs Schertz, Texas and to improve supervisory spans of control, there should be a new Information Technology Supervisor position created. As discussed later in this Chapter, this will reduce the Director's span of control to 1:4 and create a span of control for the IT Supervisor of 1:5. Longer -term this position should be considered for reclassification to an Assistant Director position to provide greater managerial support and succession planning. While this could be done immediately, we recommend a phased approach by first implementing an IT Supervisor position before moving to an Assistant Director position. (1) Current Staffing Analysis Time utilization for IT- related functions vary drastically from project -to- project and therefore it is not appropriate to determine staffing levels based on the time it takes to complete a certain function (i.e. a workorder or managing a new project). Mabix Consulting Group Page 114 DRAFT Anar ysis of Current Resource Needs Schertz, Texas To assess appropriate staffing numbers, the following table shows workload metrics from FY18/19. FY18/FY19 Information Technology Department Workload Metrics Metric FY 18 -19 Data closets 7 Wiring closets1t� Firewalls 27 Firewall rules 450+ Time utilization utility saruib6s' 13% Time utilization support 'Services 5% Time utilization public safety, 39" The workload data nt FY18119 there were 3,00 by other:ernployees, it av orders per employee per ization citizen services 21% ization ciene'rataovernmerit, 3% fore are throe (3) FTEs currently working within the ices Technician or' Help Desk Technician; each handling ty, staff who need technology or computer assistance. In A orders processed and while some of these were handled es to approximately 58 work orders per week, or 19.23 work Staff are available to work 225 days annually when accounting for holidays, vacation, sick leave, training, etc. (252 working days in 2020 minus an average 27 days for vacations, sick leave, and holidays). Using 3,000 workorders and 225 working days per employee as an average, this comes to 4.4 workorders per day, per employee. Some workorders are able to be handled over the phone while others require multiple employees working on an issue. Without adequate staffing and depending on the complexity of issues, this could cause delays in getting employees the results they need in a timely manner. To Matrix Consuffing Group Page 11 DRAFT Ana4ysis of Current Resource Needs chertz, Texas meet current workload demands the City should hire one additional Client Services Technician. Implementing the staffing recommendation made earlier in this Chapter of creating a new position of Information Technology Supervisor will allow for adequate supervisory coverage and spans of control for IT operations. Additionally, this will be a working supervisor position to help manage information technology needs as the City continues to grow. The new supervisory position should be responsible fora core group of functions within the Department. Recommended functions are those ,jptated to computer support (Senior Computer Support Systems Engineer, Client Services Technicians, and the Help Desk Coordinator). This will reduce the Director's span of control toA'.4 and will create a span of control for the IT Supervisor of 1:5. lowing chart shows :the proposed Information Technology Department itional Chart. Matdx Consuffing Group Page 116 DRAFT Ana ysis of Current Resource Needs Proposed Information Technology Department Organizational Structure Implementation of the proposed organi Department to align staffing levels will reduced span of control for;the Director, Department. (2) Pro the Information Technology emands, it provides for a supervision throughout the ng Requirements This means there will be an estimated 3,450 workorders by 2025 and 3,900 workorders by 2030. The additional 900 annual workorders over 2019 numbers will create four more Matdx Consulting Group Page 117 DRAFT Ana ysis of Current Resource Needs chertz, Texas workorders per workday for a single employee. This will necessitate hiring one additional Client Services Technician by 2030. The following table illustrates the staffing recommendations for the Information Technology Department over the next 10 years: Employee Projection 2020 Unit Classification Factors Authorized 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Executive IT IT Director position; does not 1 1 1 1 1 1 1 1 1 1 scale -- - ----------- —Sup , ervisory position, scales IT Supervisor based on 0 1 1 11 1 workload and Department staffing levels `. "" Senior Scales based on Systems 1 1 Administrator workload. - ----------------- . ..... Sr. Support Scales based on Systems Eng. workload. 6ort------- - --- — - ------------------ -- - Services Scales based on Al 5 5 5, 5 5 5 5 5 6 Tech/Help workload. Desk Tech — ------ ----------- -------------- Admin Unique position Asst/Help that does not 1 1 1 Desk Coord. scale Public Safety Zealesbased or System Admin "' workload. Information Technology DepartMent TOTAL 8 10 110 10 10 10 10 10 10 10 11 Matrix Consuffing Group Page 118 DRAFT Ana ysis of Current Resource Needs 13 Library The Schertz Library supports literacy, recreation, and life-long learning by developing and maintaining a variety of materials and programs for users of all ages. Library services include public access to technology including computers, the Internet, wi-fi, printing services, completion of online employment applications, and',111 other business or educational resources. The library provides meeting and studyspaces for individuals and groups and there is an active effort for community outreach to serve underserved residents. The library cooperates and interacts with other libraries including using the integrated Connecting Texas Libraries Statewide system. The library's primary service area includes of Cibolo, and Guadalupe County. The following organizational chart shows the Library: Schertz, the City of Selma, the City reporting structure of the Matrix Consulting Group Page 11 9 The Schertz Library does an excellent job overall. Community programming, outreach efforts, effectively utilizing technology, participating in an integrated library system, and offering numerous programs and services to all age groups are just some of the Library's areas in which Library services and staff excel. AdditioriaVbest practices being met include, but are not limited to the following: i for important functions., ices from, book vendors (binder ,eekend hours. sed, and available to online are limited (1) Enhance the Lib r in which the Library could further improve its Outreach Efforts The Library places a high; degree of importance on customer service and providing excellent services / service levels. With only one main library branch, the City should enhance its existing outreach efforts that currently include visits to area schools, senior living communities, senior centers, and other locations /events. Numerous other libraries across the country have obtained a mobile vehicle, or "bookmobile ", in order to enhance their customer outreach efforts. Communities in Texas that have employed this model include, but are not limited to, Austin, Denton ISD, Matrix onsu sn0 Group Page 120 DRAFT Ana ysis of Current Resource Needs chertz, Texas Georgetown, Houston, Lake Travis, and Midland County. These mobile vehicles allow library staff to visit parks, shopping centers, and other community gatherings in order to bring the library services to citizens. These efforts are seen as enriching lives and strengthening community by providing the opportunity to use library services to those in the community who might otherwise not be able to visit the main library branch due to economic, transportation, or geographic barriers. A photograph of the New York Public Library's "Book M It obtainin( three t 0 (2) 'Ancrease Per Caolta Spendin own below5: City should consider -or through a combination of grants (if services to 6 greater number of people e library could lose State accreditation years. ille to further enhance the The Library is currently at risk of losing State accreditation due to not having spent enough money per capita in prior-years. Using a service population (per capita) number of 105,629 (the most recent 'number used by the Texas State Library and Archives Commission) the City, needs to spend a minimum of approximately $71,000 more than the prior year in the current fiscal year. The Library's most recent per capita expenditure was $9.12 per capita. The minimum per capita spend required for the Schertz library is $9.79; however, the per capital amount is increasing to $9.98 in 2020 and 2021 and again to $10.18 in 2022. -5 Matrix Consulting Group Page 1 21 DRAFT Ana4ysis of Current Resource Needs Schertz, Texas In order for the Library to remain accredited, the City needs to spend another estimated $91,000 in the upcoming fiscal year and an additional $21,000 on top of that in 2022. These numbers do not assume per capita growth. Assuming an average 3% population growth (2.9% is the estimate from the City's Comprehensive Plan), then by 2021 the service population is estimated at 115,424 and 118,887 in 2022. Taking into account the estimated increase in service population and in order to achieve the required per capita spending of $9.98 in 2021 and $10.18 in 2022, the Library will need estimated additional expenditures of $99,000 in 2021 and another $24,000 in 2022 all over 2018 levels. The following exhibit shows a screenshot of the Lib minimum per capita expenditures: Screenshot from Annual Report S 2018 Per Capita Expenditures $9.12013746 2018.4.2/2018PopSrvd Amount needed to meet minimum per capita $9.79 Difference $ (0.669862540) 2019 Estimated Maintenance of Effort $917,681.33 Calculation: [(20164.2) +(20174.2) +(20184.2)]/3 al report regarding Per Capita ►_[t5[41110 i to 144747 Within the last three years, the number of years the library has been accredited Member Year 3 2017 Population Served 102,379 2017(4.2) Local Operating Expenditures $920,103 2016 Population Served 98,625 2016(4.2) Local Operating Expenditures $869,590 2015 Population Served 95,662 2015(4.2) Local Operating Expenditures $867,490 Population Served Assigned population for the library 13 T.A.C. §1.71 Expenditure Average Average of expenditures for the 3 previous years. (May be less than 3 if the library Per Capita Average Per capita average of expenditures for the 3 previous years. (May be less than 3 if Per Capita [Expenditures] Total Local Expenditures divided by Population Served Per Capita Government Support (Required amount in 13 T.A.C. §1.81(A) : 2] x 2018 Population Served Minimum Expenditure Average Minimum level of per capita expenditures per Rule13 T.A.C. §1.81(A) for each Options for consideration include increasing staffing levels, increasing the amount spent on the Library's collection materials, purchasing a bookmobile, including indirect costs as expenditures Cdr the annual report, or some combination thereof. Staffing analysis and recommendations related to increased staffing needs are provided in Section 2 of this Chapter. Recommendation: Increase per capita spending to meet minimum State accreditation requirements. Matrix Consulting Croup Page 122 DRAFT Anar ysis of Current Resource Needs Schertz, Texas Administrative t t Position is Needed to Support the Library Director i r ri Currently, there is no Administrative Assistant or dedicated administrative support for the City's Library Director or any of the three Librarians. While there is no definitive best practice or ratio to necessitate the need for an assistant, the lack of an Administrative Assistant assigned to assist library ysitaff in the completion of their responsibilities results in the increased administrative workload on the Library Director and all three of the City's Librarians. A dedicatee Administrative Assistant will increase efficiencies for Library staff. Recommendation: Create the position of Library Director and Librarians. Staffing Projections There are currently 19 authorized p( Director; an Adult Services Librarian Librarian; 11 Library Clerks; a Childre Library Assistants. (1) Current Staffing Analys Major drivers of workload for the and number of t)rograms offerec M.91 - Metric to all age Assistant to support the at the Library. These include the Library Services Librarian, and Virtual Services irarnMing Clerk-,"O Process Clerk; and two population, gate count, circulation, metrics for FY16 through FY18. Library Workload Metrics FY 15 -16 FY 16 -17 FY 17 -18 Staffing expenditures- $671,093 $728,195 $749,871 Operating revenues $914,288 $898,584 $998,361 Books (print) 75,340 78,876 79,714 E -books 6,026 8,055 8,268 Total collection 96,627 108,652 111,153 Gate count 255,109 235,428 258,695 # of programs 478 543 528 M tdx Consulting Group Page 123 DRAFT Ana4ysis of Current Resource Needs Schertz, Texas Metric - - — ------------------------------------------------------------------------------------------------- FY 15-16 --------- - - — FY 16-17 — — - - - ---------- — -------------- FY 17-18 ---------- . ..... ............... Volunteer hours 5,657 5,254 5,045 Square footage 30,300 30,300 30,300 The Library works to ensure the its front circulation desk is staffed with two employees at all times, its adult information desk has one employee at all times, and its children's information desk has one employee at all times. With current staffing levels, when an employee calls off sick or otherwise is unavailable to work, it,oftdrt , results in the closure of one or more circulation desks (or pulls other staff members from their normally assigned tasks and work activities — such as cataloging, ,interlibrary loan, collection development, etc.). These closures result in longer wait times for customers (both immediately at the point of service and in the length of time it takes materials to get to the shelves or planned projects completed) and ultimately lead to undesirabIblservice levels. From July 20 through August 24, 2019, there, were 63 hours of lost work time due to employee call offs, training, or staff meetings. Thesere ' sulted in the closure of the Adult Desk for 16 hours. To maintain exem"plary service levels, these challenges are best mitigated by improving Library staffing, levels. (2) , Prpjectedl Library Staffing 'ROquirements The City is estimated to grow in population by 2.9% per year from 2020 through 2030. The library's service population comes from areas both within and outside of the Schertz City limits. While this analysis does not account for projected growth outside of the Schertz City limits, as the library's service population comes from adjacent communities, 2.9% growth is assumed throughout the service population area. While time utilization estimates are used in certain other departments to help determine appropriate staffing levels, a more reasonable estimate of future library staffing needs is to consider the recommended current levels as the appropriate baseline and then increase staffing as needed based on estimated future workload. Matrix Consuifing Group Page 124. DRAFT Ana ysis of Current Resource Needs chertz, Texas Several library positions scale based on service population, gate count, circulation, and number of programs offered at all age groups. The following table shows current and projected Library staffing needs: Library Staffing Projections Employee Projection 2020 Unit Classification Factors Authorized 2021 2022 20 23 2024 2026 2027 2028 2029 2030 Library Executive Library Director position; does not 1 1 1 1 1 1 1 1 — ------- - — - --------- scale. Administrative Position does not 0 1 1 1 1 1 1 1 1 1 1 Assistant scale. Adult Services Unique position; Librarian does not scale. - — Youth Services --------------------------- Unique position; Librarian does not scale.' ---------------------------- Virtual Services Unique position; Librarian does not scale. — ----------------------------- Library Clerks Scales based on 11 13 13 1 13 14 14 14 14 14 15 --------------- - workload, Children's ,$,cales based on 1 2 2 2 2 2 2 2 2 2 2 Program Clerk,' workload. Process Clerk Scales based on 1 i= 1 1 1 1 1 1 2 2 - ------------- - workload. - Literary Scales based 00 2 2 Z 2 2 2 2 2 2 2 2 Assistant ,workload. - - - - ----------------- Library! ,T6TAL — --------- 19 23 23 23 23 24 24 24 24 24 25 While a, recommendation ,i8,not specifically made to add an additional Librarian, the City could consider the addition ' , of an additional Library later in the planning horizon if the City's population approaches 150,000 to maintain compliance with accreditation standards and t6, provide ,additional supervision to increased staffing. Recommendation: 1101025 increase authorized Library Clerk positions from 13 to 14. Recommendation: In 2030 increase authorized Library Clerk positions from 14 to 15. Matrix Consuffing Group Page 125 DRAFT Ana ysis of Current Resource Needs Schertz, Texas ' �t s SERVICES DEPARTMENT �5 The Parks, Recreation and Community Services Department consists of three divisions: Parks Maintenance, Recreational Services and Events. The Department provides recreational programming for youth and adults though programs -for athletics, crafts, cultural and social programs. It also maintains and beautifies the City's 24 parks and coordinates City -wide events. The Department has a close working relationship with the YMCA, as that organization provides programming and management of the senior center, summer camps and pools. Finally, the Department, through its; Events Division, coordinates and manages four major City4lde events each year, as well as approximately 20 other events. The current organizational structure of the Department is shown in the following This chapter provides ,an analysis of the major operational and technological changes required in the Parks, 'Recreation and Community Services Department. (1) The Department Should Purchase and Install a Computerized Maintenance Management System. The Parks Maintenance Division is responsible for the maintenance of 24 parks throughout the City. It accomplishes this through the efforts of both internal crews, Matrix C onsuffing Group Page 1 DRAFT Anaiysis of Current Resource Needs chertz, Texas consisting of a Crew Leader, four full time and one part time Parks Maintenance Workers, two seasonal Workers. These internal crews are supplemented by contractors who mow and trim the parks. As work is performed in the parks, the Parks Manager records the work accomplished in an internal work recording system, referred to by the Parks Manager as "Teams." Interviews indicate that the process of recording work involves the recording of hours worked, location and work performed by each crew member, ho er this is reported in text form, which does not facilitate summarizing work. The project team recommends that the Department pr9ppte and install a computerized maintenance management system (CMMS) that 'wi,ll,, ,allow ft-,Parks Maintenance Division to report and analyze the efficiency and effectiveness with which it accomplishes work. This is not facilitated by the current method"of recording hours Work, ed in text form. The CMMS should capture the following discrete,'elements: The City's Public Works Department utilizes the Web QA platform as its CMMS, and although the project team makes no recommendation regarding the appropriateness of any single CMMS, there is some value in the two City departments that are primarily involved in maintenance of infrastructure utilizing the same CMMS. This is true from a cost standpoint (it is likely less costly to utilize the same platform) as well as from the standpoint of standardizing the reporting of work up the organizational structure to the City Manager and to the Council. In addition, utilizing the same CMMS across Matrix Consuffing Group Page 127 DRAFT Ana4ysis of Current Resource Needs chertz, Texas departments has the advantage of presenting a unified interface with residents who make work requests of both departments. As will be discussed in the Public Works chapter, the existing Web QA platform as implemented does not provide the advanced features desired in an asset management/CMMS system that the City of Schertz will need in the future. Recommendation: The Parks, Recreation and Community 'Services Department should purchase and install a robust computerized maintenance management system that facilitates the recording and analysis of work accomplished. Recommendation: The Department, in conjun investigate the feasibility of utilizing the & management system for city-wide use. (2) The Parks Maintenance Division 1E Level of Maintenance for Its Parks. c Works, should :ed maintenance le he type of park acreage noted k acreage. By example, fully will require the greatest staff receive e , we minimal services. The p has evaluated relate the ratio ,nce for various service levels The following table provides the basic definitiori for each of these service levels. State-of-the-art maintenance applied to a high quality, diverse landscape. Turf is lush, free from,weeds and 'cut to a precise level. Plants and trees in parks are pruned for safety, tree health andorhamental beauty. Hardscapes are regularly swept and litter is collected 5 -7 =times per week. Requires one park maintenance worker per 4 to 6 B A r1easonably,higb level of maintenance associated with well-developed park areas with highet"Ositation,rates. Major difference with Service Level "A" is turf is not cut on frequent, regularintbrAls at precise level and plants and trees in parks are not pruned and trimmed at the same frequency. Litter control is periodic and hardscape maintenance is less frequent. Requires one park maintenance worker per 6 to 10 developed park acres C The lowest expected service level for fully developed parks or a moderate level of maintenance associated with park locations of large size, of average development, and/or visitation. Maintenance is accomplished, usually with longer service intervals, to keep the park safe and minimally serviceable to the community. This level requires one park maintenance worker per approximately .1. 2 to 18 park acres. Matrix Consulting Group Page 128 DRAFT Ana4ysis of Current Resource Needs Schertz, Texas t =t >rh� ### iss=r„ss=r.s, r.s, .s,r •. r t . t� �r t r.s, t.: } s tr iyr.iyr.iyr.iyr.iy� tr { r. , tr r r tr t tr qtr <tr, tr, t, t ;rs,;rs,;rs,;rs,r F .. } . t i {+ {+ {+ {+ • rD w.. + , .. S' r # 1 } t f +:F+ x { } # t �4 t - ,,.. s.. .•...., ,�. < :. }: ,t„ : z�l t:C' >} >} >} >}> t,s.. ..,... �. } ;, #C' >} >} >} >} 44(,, rt :: r,rr k r,i of + +S } : >, t a r t. =t =,. rt t is r f•'>,u : 1, i i t € „r I r r =t,a i 's {t .ts <, k;.i t.•i }# rr},. „rt lr,. , sa ( �,.. }} t t tm tF.t =:Fr,Y >. <) � ,t ,� t., t,t� ,.� i :+ +} S „ISi }. #,+ {{ t, ,•:1 �,€ ,� ++ I•F is �_. i, #. F. � i= r � sr+ �, yy�i= �_ �<: r +:: (,, .. .rs1,,i}�lt# i r r .� + �a� •,.i b.. �ii��llilr,.....trr Y.S, ,+:�..fi� }I,. i {. ft,,�,t!<r,�� tltt; „.,<_,,,itti) �,,+> ,.it.t= ��,� �: �7} �r.< D A minimal service level to parklands or open space with no facilities with the intent to maintain safe grounds and a "natural' ambience. Generally, inspection services and litter control are conducted, but on an infrequent basis. Usually such services are conducted as "fill -in” work by staff but otherwise one park maintenance worker can cover several hundred acres of undeveloped parkland or open space. The above park maintenance service levels can help frame alternative levels of service that can be provided when maintaining a park system: These modes of service, as formally defined by the NRPA, are further discussed belew.6 • Mode A is state -of- the -art maintenance applied to a high quality, diverse landscape usually associated with City - Gowned core facilities, destination parks with high levels of visitation, championship golf, courses, end the like. Mode A locales have the following characteristics: — The turf is lush, dark green in appearance, of high quality and free from weeds, insects, fungus, or any foreign grasses. — The turf is cut to a precise level and, ,groomed 'Weekly on a consistent schedule. Tr rnm:n ng along all dawn edges is performed concurrent with mow services. Irrigation systems are constantly maintained and tested weekly. There are no brown spats in the lawn as a consequence of irrigation issues or under watering. — Litter and/or other debris is removed daily along with emptying trash receptacles. — Reseeding and sodding are done rapidly whenever bare spots are present. • Mode B is a high level of maintenance associated with well - developed park areas with reasonably high visitation. Mode B level of service is similar to Mode A level 6 Operational Guidelines for Grounds Management, National Recreation and Park Association, 2001 MatHx Consulting Group Page 129 DRAFT Ana4ysis of Current Resource Needs of service, with a major difference being the degree of plant and turf grooming. The turf has a lush green appearance and is relatively free from weeds and foreign grasses (less than 5 %). Precise cutting and mowing (e.g. golf course -like) however, is generally not practiced. Plants and trees are trimmed, pruned, and shaped but not with the same level of frequency. Planter beds are generally free from major weeds, debris, or grasses, but flowerbeds are not as extensive throughout the park network. — Plante.r bed'eas are weeded and cultivated at four -month intervals so wild weedy or grasses may be present for shorter periods of time prior to scheduled maintenance. They are tolerated at this level as long as they are small in size and the area covered with weeds is minimal. Mode D level of service is for areas in which maintenance is reduced to a minimum. Such areas do not have developed turf or irrigation systems. These areas are maintained only to the extent necessary to control growth to reduce fire hazards and keep native vegetation alive and healthy during the growing season Matrix Consuffing Group Page 130 DRAFT Anaiysis of Current Resource Needs and to eliminate unsafe facilities. However, these facilities will need variations in the level of service defined based upon the type of open space. These staff to acreage and mode -of- service approaches can be used to frame projected staff resource needs for park maintenance and ultimately determine the efficiency and effectiveness of assigned personnel. The Parks Maintenance Division is responsible for the maintenance and care of 417.4 total acres, including both parks and athletic fields, of which 326.7 is estimated to be developed, or "mowable" acres. In addition, the Division contracts with a private company to mow its parks on a cycle,of 36 times per year on campuses and 18 times on parks, for $115,000 annually. To determine the average parks acreage mainta team obtained the total annual contract amount c the average salary and benefits paid to a Park ($42,107.52) as an estimation to obtain the num staff. This results in the equivalent of about 2:73 F added to the six FTEs in the Parks Maintenance:C The project team redammends that the Parks Division immediately hire three (3) Parks Maintenance Workers I to lower the average developed acreage per worker from the Curren# 37.4 to an average.of 7.8, which isstilf,a "D" level of maintenance. Recommendation: "The Parks Maintenance Division should hire three (3) Parks Maintenance Workers l positions; (3) The Ciity Should Consider the Transfer of the Parks Maintenance Division to the Department of:Public Works. The Parks, Recreation and Community Services Department's Maintenance Division is responsible for maintaining 24 parks throughout the City through the efforts of five full time, one part time and two seasonal workers, in addition to contract labor. They perform these services in parallel to the Public Works Department crews who are, in many cases, operating in close proximity. The field crews in the two departments perform maintenance services that are, in many cases, similar and require similar skills. The Parks Maintenance crew possesses diverse Matrix Consulting Group Pugs 131 DRAFT Ana4ysis of Current Resource Needs chertz, Texas skills that include carpentry, sidewalk repair expertise, roof work, minor plumbing, fence building, heavy equipment operation, and others. These skills are also required within the Public Works Department to varying degrees and could complement the efforts of staff in that Department under a single management structure. There are advantages and disadvantages to the placement of the parks' maintenance function within either Parks, Recreation and Community Services or Public Works. Clearly, the major advantage to the placement of the function in, its current organizational location is that the parks and athletic fields receive dedicated maintenance and oversight, and response times to maintenance-related complaints are,,Iik,6,ly somewhat faster than if the function competed with other public works-related services. However, there are also advantages to placing parks maintenance within Public Works. The' ,,,se include the use of similar equipment, similar skills of staff, and the abitity, of Departmert,rrianagers to cross- utilize staff, which increases the utilization and overall skills sets of individual employees. While maintenance work occurs year round, : there is a higher level of maintenance required during the months of March through October with decreased field work in the winter months. This transfer would result in the additi composed of the current Parks M addition of the three staff recommen( same duties they currently are respo others in the various -Other Public a new division ih the Public Works Department, lance ance staff members (suDr)lemented by the • .1ro- In som1mary, the Adva Maintenance function, are provided in the tab Central command of depl( more normalized utilizatio Greater ability to depl peaks and valleys thr An disadvantages associated with the transfer of Parks Parke,, Recreation and Community Services to Public Works staff results in Possible lag in response to park maintenance staff members issues as compared to current deployment. aff to fill in workload Greater need to coordinate field and event out the year preparation between departments compared to current model. Centralized control of equipment utilization may result in ability to eliminate certain duplicated equipment. Matrix Consulting Group Page 132 DRAFT Anar ysis of Current Resource Needs Schertz, Texas Cross - utilization of staff between parks maintenance and other functions in DPW will result in a broader base of expertise in all areas. The transfer of parks maintenance functions to Public Works is not without its challenges, as the table above makes clear. However, it provides the City with certain efficiencies that are not available under the current model whereby parks maintenance is performed solely by the Parks, Recreation and Community Services Department. Recommendation: The City should transfer the Parks Maintenance Division staff and equipment to the Public Works Department. Staffing Projections. The position of Senior Administrative AssistE employees supported, however, given the number of Senior Administrative :Assistants is The staff in alive for the cents Speciali ned to vary with the number of events The project team has made the recommendation to increase the number of full time Maintenance Workers from four to seven in the current year, in keeping with the current ratio. Given the anticipated growth in population over the planning horizon, it is expected that the need for Maintenance Workers will increase from the recommended seven, to nine by 2030. The project team makes no recommendation for increase in part time and atdx Consulting Group Page 133 DRAFT Ana ysis of Current Resource Needs Schertz, Texas seasonal Maintenance Workers. The position of Crew Leader is expected to vary with the staff under supervision, however given the small numbers of staff and the limited span of control, the project team makes no recommendation for an additional Crew Leader over the planning horizon. Employee Projection 2020 Unit Classification Factors Authorized 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Administration Director Executive 1 1 1 1 1 1 1 1 1 1 1 position; does not scale. Sr. Varies with 1 Administrative staff supported Assistant Events Events Position does 1 1 1 1 1 t 1 1 1 1 1 Manager not scale Events Varies with # of 1 1 1 1 1, 1 1 1 1 1 1 Specialist events handled Parks Parks Position does 1 1 1 1- 1 1 1 -. 1 1 1 1 Maintenance Manager not scale Parks Varies with 1 1 1 7 1 1 1 1 1 1 1 Maintenance numbers of Crew Leader crews Parks 5 7 7. 7 7 8 8 8 8.. 8 9 Maintenance Varies with Worker parks acreage Parks Worker Varies with 0.5 0.5 0.5 0,5 0.5 - 0,5 0.5 0.5 0.5 ,O,5' 0.5 I(PT) parks acreage Seasonal Varies with 2 2 2 2 2 2 2 2 2 2 Recommendation: One new Mai 2025. R 21 rker position should be added in rker position should be added in Matrix Consuffing Group Page 134 DRAFT Ana ysis of Current Resource Needs chertz, Texas 15 Planning & Community Development The Planning and Community Development Department consists of two divisions: Planning & Zoning and Building Inspections. The Planning & Zoning division is responsible for reviewing and approving plats, site plans, master plans, variances, zoning changes, specific use ,permits, Comprehensive Plan revisions, and annexation requests. The Division ensures 'planned and purposeful development with Schertz City limits and the City's Extra!6, I rritorial,,Jurisdiction (ETJ). Staff provide customer service and guidance to , ihesses a citizens, ,bu, I ,s and developers to help them realize a successful development project. Matrix Consuiting Group Page 135 DRAFT Ana ysis of Current Resource Needs The Departmer matrix to allow processes. ThE including the pl< a varietv_',6f,,SAat lim thority proval Dance, d hold iclude, Zoning ordinances", are codified and available to the public in an online format. Authority for minor land entitlement permits is given to staff members. Inspec#ons providesfolr online applications/requests. The Department notifie's applicants of the status of their permit within five days of submittal. The cycle timofdr processing applications meets state requirements. The department holds pre-development and pre-construction meetings for new and proposed construction projects. Staff reports are clear and concise. Building inspection requests are responded to within one business day. Customer kiosks, computers, and printers are available in the lobby. Employees receive on-going training opportunities. Matdx Consuffing Group Page 136 DRAFT Ana ysis of Current Resource Needs • Permit Technicians are used to provide customer service at the counter, online and by phone, conduct completeness check on submitted applications, and issue over the counter permits. • Evening and weekend building inspections are available to the public on an emergency basis. The following recommendation will further improve effectiveness. (1) The Use of a Master Building Plan Ap Processes and Ease Department Wor According to the City of Amarill opportunity for contractors who program reduces the plan revie Plan has been aoproved..41'17` To provide an even better cust reviewers, the department sho nt efficiency and ite Approval ocedure found ira rnany other process to be expedited for n" goes through the normal any plan that adheres to the Ice of building permit. Plan laster Plan and issue building articular residential structure. webs ite* "The Master Plan Program is an excellent the same model of homes a number of times. This taropnd tirne to 3 -5 business days once the Master experience and to reduce workload demand for plan Eplement a Master Plan Program. Recommendation: Implement a Master Building Plan Approval Process to improve customer satisfaction and reduce plan review workload demands. Staffing P'iroject ons There are currently 15 authorized positions within Department. These include the Department Director and an Executive Assistant, ten positions in the Building Inspections Division and three positions in Planning & Zoning. 7 htt 5:f /wwiV amani1 .aovl: a a� z 1tsl la znii > -a zci -clew to mea - rviu s;P uiltirn -saPet I asi -7ians -fluid MatrN Consuffing drop Page 137 DRAFT Ana ysis of Current Resource Needs (1) Current Staffing Analysis The Department's major drivers of Planning and Zoning workload include the number and complexity of comprehensive plan amendments, the number of new annexation requests, and the number and complexity of new cases (zoning, preliminary plats and extensions, final plats and extensions, variances, site plans, etc.). Major drivers for Building Inspections workload include the number building permits issued for residential, commercial, and "other" projects ,,,(sheds, decks, etc.) and the number and complexity of inspections associated with those'proJects. The Chief Building Official is also the commercial plans examiner and this employee's time should be spent primarily on managing Division operations, ensuring,quality control and quality assurance inspections occur, and handling commercial plans, examinations. The following parameters were used in the model: • Times are estimated and aVeragec function can take varying amounts of ng and. Zoning Department staffing le taking into consideration that each to complete, based on its complexity. occasion more than one Um 12 80 960 120 1 200 200 25 12 30 360 45 7,480 935 MatHx Consuffing Group Page 133 DRAFT Ana ysis of Current Resource Needs Based on current workload data, which includes having the ability to work on important long-range planning efforts such as Comprehensive Plan updates, the Planning and Zoning Division should increase Planner staffing levels from 3 to 4 through the addition of a Senior Planner to handle current planning activities. Recommendation: Increase Planners from 3 to 4 with the addition of a Senior Planner position to handle current planning activities. The following parameters were used in the Building In • An average of 30 minutes projected. • Building inspections time to complete, required pap me, per employee, is travel time, time to complete the inspection, time and ti'mle'to issue permits. • There were 16,930 1 building inspections completed in FY1 8 and 13,338 inspections in FY19. As numbers fluctuate from year-to-year, FY18 and FY19 data were averaged for use in this analysis. Matrix Consuffing Group Page 139 DRAFT Ana4ysis of Current Resource Needs Building Inspections 16,634 225 73.93 4.8 An average of 30 minutes per day projected. Staff are available to work vacation, sick leave, training, days for vacations, ik,leavF Thorn Mnrn time, per employee, is accounting for holidays, )20 minus an average 27 Building Official, should be handling cial should be handling management, is. As such, commercial plan reviews e estimates for Plans Examiners. ately:5,300 total plans reviewed in FY18 and 3,110 reviewed of those- two years is 4,205. There were 2,358 project plan ),374 in FY19. The average of those two years is 1,866. The %6 of plan reviews are for project plans (generally more time �ellaneous plans for other permits). This additional time is on in the following model. Total Plan Reviews 1,866 1.75 3,265.5 408.2 Administrative /Other 225 .5 112.5 14.06 Total 2,445 422.3 Matrix Consulting Group Page 140 DRAFT Ana4ysis of Current Resource Needs Based on current workload, the number of Plans Examiners should be increased from 1 to 2. Recommendation: Increase authorized Plans Examiner positions from 1 to 2. The following parameters were used in the Permit Technician staffing model: • Times are estimated and averaged while taking :--into ' consideration that each function can take varying amounts of time to complete ,based on its complexity. New residential or commercial permitting processes will be more time consuming than other types of permits (building a deck, replacing a roof, etc.). • An average of 30 minutes per day of "admin /other" time, per ' employee, is projected. • Staff are available to work 225 days annually: when accounting for holidays, vacation, sick leave, training, Otc. X252 working days in 2020 minus an average 27 days for vacations, sick leave, and holidays). • There were 6,153 project permits �a combination of the approved structural /building work 'artld associated trade work electrical, plumbing, and mechanical) "issued in FY18 and 5,956 issued in FY19. The average between these two years was 64056: Of that total', the average new residential project permits was 377; the average new co, mercial project permits was 24; the average commercial remodel, addition, or finish out project permits was 43; the average number of rhisoei'llaneou$1,building permits was 2,904; and the average number of other permits was 2;709. S r£. r ttttttttttttttttttt i t t t t t t t `}`�"? r. ttst ((� f �r,7 ` , r , s�r re • ",� � }r r 3 "'7 t tt {ta;, (t;��rf {t #� {r{t(�a7 �tiitt; � ,s: .xt { }�(��iirs #( t,':,ri1, a •.Sr;Ft, tt t j 4 .....,., #Y�r { {t.��,��,ir�,�s,, }i . „;�tt��,.. Project Permits ised 6,056 .75 4,542 567.8 Administrative /Other 225 1.0 225 28.125 _n� __. - -._., Total 4,767 595.9 Based on current workload, Permit Technician staffing levels can remain the same for FY21. Matrix Consulting Group Page 141 DRAFT Ana ysis of Current Resource Needs Schertz, Texas The Development Specialist position is split between working for the Municipal Court, Utility Billing, and in Planning and Community Development. This position was created to provide assistance in expediting permit review approval and tracking a duty that is above the level of a Permit Technician. At the time this position was created, the City was faced with a lack of staff conducting plans examining duties and difficulties in hiring and retaining qualified Building Inspectors requiring the Chief Building Official to spend a significant portion of time conducing plan review and inspection duties. The Development Specialist has also been utilized to fill in and conduct work at Courts and Utility Billing as needed. If other recommendations contained in the report are implemented to address staffing needs related to plans review and building inspections, the City ha's the ability to consider the elimination of the position of Development Specialist (or one of the Permit Technician positions) in the future as other changes are implemented. One benefit ©f eliminating a Permit Technician position over the Development Specialist is to maintain a:higher level of knowledge and skills -sets though this approach would result in less cost savings. Recommendation: Longer -term, once staffing limitations in the plans examiner and building inspections functions are: addressed, the City may consider the elimination of the Development Speciallsf position or'6ne.of the Permit Technician positions. The following chart shows the proposed Planning and'-Community Development Department Organizational Chart. Proposed Planning and Community QOvelopment Department Organizational Structure Matrix Consuifing -croup Page 142 DRAFT Ana ysis of Current Resource Needs chertz, Texas Planning & Comm Employee Unit Classification Director of Inspections Planning& Community Development does not Assistant scale - ------------ Chief Building Ubjelve p( Official - ---------- does not 4 Building Scales be hispeFter - — workload. ------ ---------- Plans Scales be 2020 1211— 2022 2023 2024 : 2025 2026 2027 2028 2029 2030 — ----- Permit Tech. 15,cal% based on --------- - workload. Development Scales based on Specialist workload. Planning & Planners Scales based on Zoning (Senior or workload. ------------ — Planner 1) ----------------- — -------------------- - - - - TOTAL 5 5 2020 1211— 2022 2023 2024 : 2025 2026 2027 2028 2029 2030 — ----- - ---- 5 5 5 5 5 5 5 6 6 6 6 1 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 1 1 1 1 1 1 1 1 1 1 1 3 4 4 4 4 4 5 5 5 5 5 16 17 17 18 18 18 19 20 20 20 20 Matrix Consuffing Group Page '143 DRAFT Ana ysis of Current nt Resourc Needs Recommendation: In 2023 increase authorized Permit Technician positions from 2 to 3. Recommendation: In 2026 increase authorized Planner positions from 4 to 5. Recommendation: In 2027 increase authorized Building Inspector positions from 5 to 6. Matrix C ons ff ng Croup Page .144 DRAFT Ana ysis of Current nt Resourc Needs 111111 4 16 Police Department The Police Department is responsible for providing law enforcement services, code compliance, marshal's and animal control services to the City. The department consists of four separated divisions: Uniform Services, Investigations, Support Services and The Marshal's Division which are each led by a Lieutenant, except Animal Services which is led by a Sergeant. 'olice Matrix Consulting roue Page 145 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS 1 Uniform Services Uniform Services is overseen by a lieutenant and includes the traffic unit as well. Each of these functional areas are described in greater detail in the following sections. 1 Overview of the Project Team's Approach The Matrix Consulting Group utilizes a workload-based approach to evaluating staffing needs in the critical patrol function. Arising from the need toreplace indirect methods for determining patrol staffing needs (such as per capita relationships), workload based approaches are preferred because they allow for: • Quantitative evaluation of workload given community rather than nation, • Establishing service levels and the im • Evaluating the utilization of workloads. a desired ess of level factors that are unique to a alternative service levels. nding to community and officer initiated menu in ti ' rne, (schedules) and space (beats) ind service t'ababilities. cwoaches developed over the years to determine patrol each utilized by the Matrix Consulting Group, the )61alioh,'"and the international international Chiefs' of Police). These things in common, including: iad associated with field activities, including the time iese activities. ice level relationship between 'reactive' and 'proactive' loads are those associated with handling community ests for service (though 911, other type of call or alarm). Proactive workloads are those associated with working with the community, being visible in problem areas, officers initiating responses to observed problems, crimes or traffic violations. Countless studies have shown that while responding to calls for service at a level Matrix Consulting Group Page 146 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS that is acceptable to the community, the ability to have and to appropriately utilize proactive time is the real test of effectiveness in a police department. Workloads are measured against the `availability' of staff in the field to handle these workloads. The different approaches utilized in the evaluation of field analytical philosophy, even if they vary in the allocation of spe elements. As a result, in the end, they all generate similar rest 2. Analysis of Patrol Workload The following sections provide analysis of patrol wofkl effectiveness of field services. For incidents to be ide our analysis of patrol The incident must have community -g following o .er unique ar rolved at leasl s of each res, and other rces all share this ie or time allocation relating to the Workload of the department by CAD) database, covering the Is for, service and included in led to be met: reated within the study year. fficer assigned to patrol, as identified to the call. originally initiated by the community, as identified as a time for the unit being dispatched. The incident corresponds to a community - generated event. Call types that could be identified as being either self- initiated (e.g., traffic stops) or other kinds ©t activity (e.g., directed patrol) have not been counted as community - generated calls. There must have been no major irregularities or issues with the data recorded for the incident that would prevent sufficient analysis, such as having no unit code. After filtering through the data using the methodology outlined above, the remaining incidents represent the community - generated calls for service handled by patrol units. Matrix Consulting group Page 147 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS (2) Calls for Service by Hour and Weekday The following table displays the total number of community generated calls for service handled by patrol units by each hour and day of the week: 1 a lam tam 3am 4arn Sam 6am lam 9am 10am 11am 12pm fpm 2pm 3pm 5pm 6pm 7pm Elam 9pm 10pm 11pm Total 1,593 1,703 1,576 1,697 1,726 1,309 1,660 11,763 The calls for service by hour show a similar pattern that is seen in many police agencies with a rise of calls during the afternoon hours, however in this case the calls for service peak between 5pm and 7pm. Calls for service sharply decline after 9pm. The bar chart below shows the calls for service by hour of day: Community art Its for Service by Hour and Weekday Sun Mon Tape Wed Thu Fri Sat Total Matrix Consulting Group Page 148 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Calls for Service by Hour From 3:OOPM until around 8:00PIVI marks the where incoming community-generated wor resources to be deployed. (3) Calls for Service by Month The following table displays calls ft variation as a percentage difference Jan Feb Mar Apr May Jun # of CFS 925 875 987 1,108 1,181 1,133 )f time with the highest activity levels, are greatest and require the most h, showing some seasonal �11 Jul 1,046 1 933 - 42% Sep 839 Oct 1 Nov 12a 3a 969 6a 9a 12p 3p 6P 9P From 3:OOPM until around 8:00PIVI marks the where incoming community-generated wor resources to be deployed. (3) Calls for Service by Month The following table displays calls ft variation as a percentage difference Jan Feb Mar Apr May Jun # of CFS 925 875 987 1,108 1,181 1,133 )f time with the highest activity levels, are greatest and require the most h, showing some seasonal �11 Jul 1,046 Aug 933 - 42% Sep 839 Oct 895 Nov 877 -&8% Dec 969 Communities with warmer climates in the summer typically experience decreases in call volume during the summer months and increased call volume during the winter, and the results for Schertz show an increase in spring. .... I ........................................................................................................................ Matrix Consulting Group Page 149 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS (4) Most Common Types of Calls for Service The following table provides the ten most common incident categories of calls for service handled by patrol units over the last year, as well as the average call handling time (HT)8 for each: Incident Type # CFS HT Alarm- Burglary 1,459 17.4 Accident- MV No Injury 1,116 40.8 Suspicious 824 26.9 Welfare Concern 807 313 Emwu�� Security Check All Other Types Total Burglary, Alarm is the the total. In all, these top 0 call 3. Analysis 637 40.1 497 3&9 396 36,0 378 2&6 363 252 present about 57% of all calls for service in Schertz. urce Needs Analysis of the community-generated workload handled by patrol units is at the core of analyzing field staffing needs. Developing an understanding of where, when, and what types of calls are received provides a detailed account of the service needs of the community, and by measuring the time used in responding and handling these calls, the 8 Handling time is defined as the total time in which a patrol unit was assigned to an incident. It is calculated as the difference between the recorded time stamps the unit being dispatched and cleared from the incident. Matrix Consulting Group Page i DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS staffing requirements for meeting the community's service needs can then be determined. To provide a high level of service, it is not enough for patrol units to function as call responders. Instead, officers must have sufficient time outside of community-driven workload to proactively address community issues, conduct problem-oriented policing, and perform other self-directed engagement activities within the community. As a result, patrol staffing needs are calculated not only from a standpoint of the capacity of current resources to handle workloads, but also their ability to provide a certain level of service beyond responding to calls. With this focus in mind, the following sections examine team to determine the patrol resource needs of the Schi current workloads, staff availability, and service level 6,0 (1) Overview of the Resource Needs An objective and accurate assessment of patrol staffing three factors: I/. Ill. This st patrol W The number of community-aenbrated work The total number of hours workloads, based, ors current staffing nu leave, administrative time, etc.). ss used by the project ,Department based on analysis of handled by patrol. 1111k and able to handle those net I availability factors (e.g., Av,f, flable , ?.t,:,�,,,urs — Total CFS Workload Hours T o tt li, M,, t A v a it I a,is b I e 1110 u r s = % Proactivity The result of this'eq4afion is the overall level of proactivity in patrol, which in turn provides a model for the ability of patrol units to be proactive given current resources and community-generated workloads. There are some qualifications to this, which include the following: Optimal proactivity levels are a generalized target, and a single percentage should be applied to every agency. The actual needs of an individual department vary . . . . . . . . . . . . . . . . ........................................................................................ -_ Matrix Consulting Group Page 1 51 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS based on a number of factors, including: Other resources the department has to proactively engage with the community and address issues, such as a dedicated proactive unit. — Community expectations and ability to support a certain level of service. — Whether fluctuations in the workload levels throughout the day require additional or fewer resources to be staffed to provide adequate coverage. • Sufficient proactivity at an overall level does not, guarantee, based on workload patterns, and deployment schedules, that resources are sufficient throughout all times of the day and week. Squad A Squad B Swing Shift Swing Shift Squad C Squad D w many different types of specialized units overall proactivity level of at feast 60% as ised on the geographic size of the City, the most frequent call types. 1 ity of how the schedule would work over Illu6trative, ftalmple-of l Shift Schedule Swings . Nights i to 6pm 2pm to 2am 6pm to 6am S M T W TH F SA S M T W TH F SA Matrix Consulting Group Fagg 152 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Day shifts work from 6am to 6pm, while night shifts work from 6pm to 6am. There is also a swing shift 2pm to 2am that covers the busiest times of the day. While the table provides the scheduled staffing levels, it does not reflect the numbers that are actually on -duty and available to work on at any given time. As a result, it is critical to understand the amount of time that officers are on leave — including vacation, sick, injury, military, or any other type of leave — as well as any hours dedicated to on -duty court or training time, and all time spent on administrative tasks such as attending shift briefings. The impact of each of these factors is determined through a combination of calculations made from SZPD data and estimates based on the experience of the project team, which are then subtracted from the base number of annual work hours per position. The result represents the total net available hours of patrol officers, or the time in which they are both on -duty and available to complete workloads and other activities in the field. The table below outlines this process in calculated: Work Hours Per ping how each contributing factor is im ♦ r = i' i '• al The total number 6"ours that each officer spends per r attending court while on duty, • i transit time. Court attendance overtime is not •`t figure. • data recording on-duty court on-d i` • patrol officers, number of hours is estimated based on the experience of the project team. Matrix Consulting Group Page 153 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS On-Duty Training Time (subtracted from total work hours per year) The total number of hours spent per year in training that are completed while on-duty and not • overtime. �Ii ii Ii i'ii I i EMERY 1 11 1 1 �,i ME= Administrative Time (subtracted from total work hours pi IIIIIIIII111111 IiIIIIIIIIIII I I III t'rative tasks while on- es. 1111111 1 IF � I Total Net Available Hours of time per shift to ring out the The following table sum, marize this calculation process, displaying how each net factor contribultes-tothe, overall net4vailability of patrol officers: Calculation of Patrol Unit Net Availability Base Annual or Hours 2,080 Total Leave Hours — 300 On-Duty Training Hours — 59 On-Duty Court Time Hours — 20 Administrative Hours — 223 Net Available Hours Per Officer s 1,478 ii 1 11 1 1 i IF I I , Matrix Consulting Group Page 154 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Overall, officers combine for 45,803 net available hours per year, representing the total time in which they are on duty and able to respond to community-generated incidents and be proactive. (3) Overview of Call for Service Workload Factors The previous chapter of the report examined various trends in patrol workloads, including variations by time of day and of week, common incident types, 'As—well as a number of other methods. The following section advances this analysis ' detailing the full extent of the resource demands that these incidents create for res no 'pondi" , patrol personnel. Each call for service represents a certain amount: Of',workload, much of which is not captured within the handling time of the primary,,, unit. Some of these factors can be calculated directly from data provided by the department, while others mius'tbe estimated due to limitations in their measurability. The following table outlines the factors that must be,",'considered in order to capture the full scope of community-generated workload, proVtd16g_,a'n explanation of the process used to calculate each factor: I Number of Cornqj�� g a period • an entire year that has w w w t e number and characteristics of all fficers. 111201111,111111 1111111111ffi� 1111111111111 111111111 WWI 11 1111 111111 ::: I I" 1. 1 ii III - - . . 1701 rer-1 M-1 TOM Handling In the experience of the project team, the average handling time is typically between 30 and 42 minutes in agencies where time spent writing reports and transporting/booking prisoners is not included within the recorded CAD data time stamr)s. — ----------------------------------------------------------------------------------- — Matrix Consulting Group Page 155 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Number of Backup Unit Responses number The total number of backup unit responses to com ted calls for service. This often varies based on # r r ••'i• rii r density of area being served. #.. # i - •• #' it . °`i r i ` ## •' r # is case, III, I III 1112111 11 !!1111 !11 r `'E -•` 4 ,31,131112117-1 IN IT- i r r i - -' '" hout any data detailing this specifically, ii • time must be estimated based on the experience of the project team. It is assumed that 45 minutes are spent per written report, including the time spent by backup units on supporting work assignments. �# •� .•s Matrix Consulting Group Page 156 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS ITotal Workload Per Call for Service The total time involved in handling a community-generated call for service, includirrig the factors calculated for primary and backup unit handling time, reporting writing time, and jail transport/booking time. Each of the factors summarized in this secti( workload — the total number of hours requ generated calls for service, including prima writing time, and jail transport time. tribute to the overall picture of patrol r patrol units to handle ',',pommunity- backup, unit handling times, report These factors are summarized in the following table: Summary of CFS Workload F Value % Total Number of Calls for Service 11,768 50% Avg. Primary Unit Handling Time (min.) 34,6 Backup Units Per CFS 0.75 28% Avg. Backup Unit Handling Time (min.) 25,9 Reports Written Per CFS 0.33 22% Time Per Report (min.) 45,0 Avg. Workload Per Call (min.) 65.9 Total Workload Hours 13,516 Overall, each call represents an average workload of 74.6 minutes, including all time spent by the primary unit handling the call, the time spent by any backup units attached to the call, as well as any reports or other assignments completed in relation to the incident. Matrix Consulting Group Page 157 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS (4) Calculation of Overall Patrol Proactivity Using the results of the analysis of both patrol workloads and staff availability, it is now possible to determine the remaining time in which patrol units can function proactively. The result can then function as a barometer from which to gauge the capacity of current resources to handle call workload demands, given objectives for meeting a certain service level. The following table details the calculation pro( overall proactivity levels —the proportion of tirr of handling community-generated workloads: Overall Patrol Divided ♦ total net available hours These findings do not net different times of the day way for'ea6h,time and day chart presents"the results 32,287 45,803 ,,rmine iutside a, patrol, proactivity level of 70.5% — the I community-generated workload. It is the time is not utilized, as self-initiated results do, however, indicate that patrol He incoming community generated calls yto be proactive in resolving community arily,,,indicate that proactive time is consistently available at order :1,61Aetermine that, proactivity is calculated the same he week given current deployment schedules. The following his analysis: Matrix Consulting Group Page 158 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Proactivity by Hour and Weekday Time yr { £ "iY :3i ,:r-lslx,t r s % /Jr ttf •rZ •�- S, , 1. _ <, iy, r, «sy:; �(� � ��li})4��}y I�� 1� � �I t r #� � tt rm �j Lr.ltt}�'4 r l , lt �? € c �rz 1, lt �t �r�r�,f �, Z� � � �_,� r , , �� € :. - � � � � � $�Y��II,ykI�� '�zj �I{ �l ��lf�� tf�St ��ft�' j; I � �€tI } ttr ?i�efr 2�zy% `1•ts s �: ' , }� `�,��a:�,,4 �t S, �,, ,t t > Yt { { rr,�i f , r{ , � , { #r #�� 3 '�r f ' t ��•{l��s„ , , �. ��F iiij r �{ � �:{� r �� j �{jI�i�ict t,� i tf �� ,{� ��r (fr t�ri�� l �,( �� r�� t J S �Y �, {�I€l �t � t{ ,» �1�t� ��,�1 � � ��> c� �}�1� ��x��.� {{ �# ��. ��t� �_��,� �3t, �„1�_ �{,��l>�� }� �� , f�z�� f.��,� � , �� ?tt;i�k��t. �l�.��. <t��, ��,r�� r�t�,€�y,{ �i �� i�� ,r�s � � ,r ��, r,�:,�Y s�t , i{ Frt. i � � � �� r €�r{€ 1 �� ,r{�. � rz � }rtl f � }1, fi �� .� � �.; . , t � % iff" ,t €... tii5 %tri t4 c, 1' }>Sxt +Si u rill },.157 ,.>}.: . r{} F � ", i`F:'JZ ti •IJ =s2i' Yr }Y... r1 sti €11 { /)31} SS %'r „t�:. fJ7 > �IIS,iF }it{,}5€,t}Ittl tt 2)7tft k {1fIJ�1SS{� {y7 tril },rk�i;�{ 1,�clll t{ 1 1,14�tr(�1#GS4i?}tt #�S {s }?.sFr» F ?tt� lrr,, SdM; 6arn ® Oarn tl S't Y i, ? {dr : { %,l3rFr! {i ><n S #5.,�t>t~,',x,.I�It�1 r�( tz lion � :r-� e; zr � t�tc�t3tF }�S�s� {I ��1ts €�Yrr �t7} 3�� ir,l� llt fib? �� FkrF, fFf��zt #� €�f113t }lxf3Jf,�f #2,,(1J,33 {1�7 qtr #rat •�t�� #� 7��t �t }7€ �;� �� , �_ �� t F�� tE� � €� �� #��< t„t,i�: € c17 ?,..t:.:S {r { Sr .,, #U r >?=..,1,tl €)� rtttt �r347,: {Y3 Js rh 43 #� •, ;t i }k {��3�satiz,,.t }zF..�4, �Z1f {t,rt,�t,. 3 to. ,rM1sl t�rr tt,�,� ltF't21J } }rl, x::'t,.f'fxt,xZ'.�, j4 4..,,16 ?flit Ulf „1...?a {1 {t €ht, },:: 1 Oal"n_ }fit r> rr,11,• !” ,Ucr,Sa. 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(yy�{ {t tt pUF. a{2E {IKJ��I,x l r,.. 3><t �"s xt .>}s {S# #�iY rzf fa {z }x'1`3,:14 ;t,J ' })„ t s7€ tx{, }1�e{ t2 {i{ ir,zt�l� �als�,rti??F, t� }�3r {F� „ %��t, {�l`,ai 1: �}i Y( LE1�Y':: �, {� }� t`rins�f£a, {,r 5� � L, €t?1�} t t4�ll�it� {3 F sJ �� "a' j��{ctt�3�✓,�tr� �3�1�r, r, llF {f3 #.t�k�'t #y� }ttF,i �.�ss�i$�t r$ xtr � #3� „�f�� =��,�t,; . �4��4�.�:�}�iZ.,13 ,ttF1��x�,��{br��r > >��1� ��a��1� ; {�,��{��{�r�5 #�tw��f � Overall +ji i�� jt f {) �i3 }{ Y. �,�r�� U%l 3 1# �3s}i�F,#�xtr �# 444s,:; a �� i c �11 ��{ �1t1. t# tyt?iU ti_, fr t.SrEF/7r<Z�•, ,4 ��; �\��i ,ti 1 ,. €. � #i�t3t»,,1�f'.}�, f #rlktt� {�?rt.,�r�s` , Xr1r�1{ ¢ �2Z Z��c� ��t ` #i;irr} tt�l� { 1}t�s �•; ,:'t�a €,} �, iJi�{f l 1l t :�1 iF{• �t \�=t� ;��t �tic#� t a{� t�tlEt�;��FE:1 1 tt�� , �{ F �73��5S} �t� ,��F��Si fr xr� �lt�}tTrtl {i{ � tl U tbJ#t l � ss:i �, �t �r �tij � # �} tl�t3U,�t�,11tS }{ SF Rh1 � ;r� �rd2 l�=t�„ "� s,�r ' .±,#k#rr { trt,��{f ,.? � �� }t fi 2S�lhr.Y { F 3 ;!} i • Yfff F{<, : 70% 4:��{ .. . The chart shows that the ability for, officers assigned: to,, patrol to be proactive are at relatively high levels throughout the day, and week. (5) Officer Initiated Activities The point of having time to be proactive is not a value in itself rather, the effective use of proactive time to partner with the community' ,and to anticipate crime or traffic violations in areas with recurring problems is key,in law enforcement today. The effective use of proactive time needs:, to be based an problem analysis, problem deployment and accountability fear time utiljzed , The first two charts; below, demonstrate the amount and distribution of officer (or self) initiated activities in Schertz for 2019. The third chart portrays the most common types of officer initiated activities Dandled by:Schertz patrol officers. .... .... .... .... .... ... Matrix Consulting Croup Page 159 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS +► all . •: Hour Sun Mon Tue Wed Thu Fri Sat Total Matrix Consulting Group Page 160 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Self-I Incident Type # OF S I 12a 3a 6a Self-I Incident Type # OF S HT Traff Cornpl/Reckless 5,566 26,0 Traffic Stop 4,878 11.7 Security Check 2,307 31.4 Special Detail 339 842 Suspicious 333 15.1 Prisoner Transport 301 73.1 Follow Up 280 323 Cell Check 230 11.5 Misc Incident/info 219 343 Assist Public 181 22.7 All Other Types 1,309 32.5 Total 15,943 24.8 It should be noted, that self-initiated activity is generally undercounted because a log into CAD is not always made for incidents or contacts that are incidental and do not result in a report. In spite of this, just at the total number of incidents, there are 35% more officer initiated activities than there are calls for service, an unusual finding in the project team's experience. . ..................................................... — -------------------------------------- x Consulting Group Page 161 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Officer initiated workloads equate to an additional 6,589 hours of direct incident workload (15,943 self- initiated incidents times 24.8 minutes average handling time). At these levels, total officer initiated activity workloads are greater (by about 4 %) than the total time spent handling calls for service. As with the counts of proactive events, the time spent on proactive activities can be under - represented —'proactive visibility' (for example deploying in an area which has experienced higher levels of crime or traffic accidents) is not counted at all even if these deployments result in officer initiated incidents. Additional time in self - initiated activities would be dedicated to incident citations, reports and /or arrests. In Schertz, uncommitted or proactive time is effective Recommendation: Patrol is appropriately available to address problems in the coma 4. Analysis of Traffic Performance metrics for traffic units ftei In evaluating the traffic unit for Schertz, used. This method is useful for '001 effectiveness at reducing traffic collision. patrol where there is a calls for service r there is no minimum staffing needed. Tre officers with a vacanev; The data below nit very dependirll he total numb( rmihing unit < or speeding in uric, traffid uni officer is utilizing time he goals for each department. of warnings and citations was Civity, but not for measuring oecfic traffic corridors. Unlike are almost totally proactive so feed with one corporal and two Lnd 1 partial officer position. ust 20,,,,2018- August 19, 2019 M 3,121 3,473 2 Investigations Investigations is staffed by 1 lieutenant, 1 sergeant, 7 detectives (3 officers and 4 corporals), 1 evidence tech, and 1 victim advocate. The unit is responsible for conducting follow up investigations on calls for service and conducting background investigations. Matrix Consulting Group Page 162 DRAFT Final Report on Staffing and Operations SCHERT , TEXAS 1. Investigations The evaluation of staffing levels in Investigations is based on average caseloads per investigator and the complexity of the typical investigation. When reviewing caseloads for law enforcement agencies the project team uses benchmarks from other agencies and available research as summarized in the following table. Active cases assigned to Detectives. The table shows the case assignments for July 2019). As the table above which exceeds an caseload above is Schertz. Part 1 Cr assault, robbery, b' caseloads also incl cases per month while restigate 6 -8 cases per sed on effective case hat only workable cases all dives averages 18.6 cases per month, perty crimes and person crimes. The 'art 1 and Part 2 reported crimes for J include: homicide, rape, aggravated and arson which indicates detective's art 2 and other crimes as part of their Its, drug arrests, fraud, possession of in collateral duties or background investigations. To reduce ange will` require two additional investigator positions and ng so that only the most workable cases are assigned. 9 (Detectives dhd Corporals) 972 9 9 The table above would include all of part 1 crimes (most serious) being assigned and some part 2 (less serious). Some cases could be assigned within patrol. Recommendation: Two detective positions should be added to address existing workload. Matrix Consulting Group Page 163 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS 2. Property and Evidence Property and evidence consists of 1 evidence tech. The evidence tech processes "major" crime scenes, maintains chain of custody for evidence and enters evidence and property into property management system. The tech is responsible for the proper storage, inventory and purging of property and evidence. The department is currently nearly out of shelf space for additional property intake and there are more items that could be purged, that are currently stored because of lack of time to conduct bore routine purging. The property section reported the following workloads: Intake 3,593 Purge / Return 965 - ------- --- -------- ---- Total N/A 599 475 to it learned that the evidence technician was responsible for Body camera videos (with cases). This required the �os'that are not properly tagged, make DVDs for downloads the DVS = with cases. It was taking the technician 8 to 12 a, in -car and body worn camera downloads and case prep. ,ly 624 hours of body worn and in-car camera related task there are backlogs of videos to be processed from time to ikend. Most agencies are going away from making CDs for all captured video and are instead uploading it to servers and the cloud. With this change in procedure, many departments are also moving this function to the records units so that they have access to it for prosecution cases, discovery and public records requests. During the course of the study this function was moved to records. Matrix Consulting Group Page 164 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Documented Task Related Work Hours Property / Evidence intake and storage 840 _ --- - -------- --------------- ------- --------- - ---------- Video Download and case prep. 624 Crime scene processing 38 Total 1,502 As the above table indicates the evidence technician has 1,502 hers of documented task work hours, there are several other tasks completed such ,as,finger printing, evidence processing (fuming, photographing and swab collection),, and trips to the crime lab that are not captured by time-tasks measurements. The evidence technician is training to become a polygraph examiner and has been responding to additional crime scenes to provide better crime scene processing. Having dedicated crime scene, staff , aides in the collection of evidence and typically provides ',better evidence collectioh,,'And analysis because it becomes a primary task for the clime scene technician instead of 4,collateral duty for patrol or investigations. The Schertz Po, lice Department is utilizing the current evidence / crime scene technician to a greater extent for evidence collection, which is best practice for reasons mentioned'above. However" with more crime scene processing and an additional duty as a polygraph examiner an additional crime scene evidence technician will be needed to provide doveracie.: Recommendation: Body worn and in car video ,'evidence , functions / processes should be moved to the , records unit to free up'the evidence technician to additional property purging, and crime scene evidence, recovery (Including digital evidence). —This has been completed. Victim Referrals 232 --- --- ------ - --- - ----- ------ Victim Contact / Interviews 175 ------- ----- - ------------ --------- -- ---- --------- - ----------- - ---------- CPS Screeninqs(Approx.) 573 ----- ------------------ Total 980 Additionally, the victim reported 358 cases between Live Oaks and Cibolo. The following -------------------- "I ------------ - --------------- Matrix Consulting Group Page 165 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS points provides a summary of the findings for the victim advocate: • The victim advocate is able to contact major crime victims. • The current process of shared services is effective. No changes to staffing are recommended for this unit. 3 Support Services Support Services includes communications, records, ,SRO'prograrn and crossing guards and consists of 1 Lieutenant, 1 Sergeant, 1 Corporal, 3 Off icefIsI,,,,, Communications Manager, 4 Communications Supervisors, 12 Communications officers, 1 Records Manager, 2 Records Clerks and 16 Crossing Guards. 1. School Resource Officer (SRO) Prog National School Reso SRO per 1,000 studet plus a Sergeant It sh OfficeIrS Association NSROA) recommends approximately 1 )ulatioft. Sthertz is slightly below that with 4 SROs assigned be rioted that the Serae'ant assists the SROs. nications le for tall taking and dispatch for Police and several Fire nication consists of 1 manager, 4 supervisors and 12 E)rvisors are classified as working supervisors and thus may to complete administrative tasks while on shift. Staffing ime and during peak calls for service dispatchers have The following calculations show the hourly staffing needs of the agency for emergency calls, non-emergency calls, and dispatch needs. A recommended total number of authorized positions is also provided based on rates of leave and employee turnover. These calculations were made using SZPD data and industry best practices. Where data is absent or not tracked, the project team used averages developed over numerous Matrix Consulting Group Page 166 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS studies. The following chart shows the standards used: Occupied dispatch minutes per call for service (police and fire) 3.5 Estimated number of ph 45,966 Average phone call duration (in minutes) 3.0 Target Agent Occupancy Rate 50% Annual Agent Available Hours 1,800 Supervisor availability oer shift (for call handling and dispatch relief) 0.1 Calls for Service by Hour and Weekday Sun Mon Tue Wed Thu Fri Sat n 2018 (includes — - ------------- — ------------------------------------------------------ Matrix Consulting Group Page 16 7 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS As the table indicates a total of 45,966 CAD incidents were recorded. These total were then broken down by average calls received per hour and day of the week. The following table shows the average volume of incoming calls including officer self-initiated activity by hour and day of the week during 2018. Weekly Calls For Service Sun Mon Tue Wed Thu Fri Sat 12am lam 2am 3am 4arn 5am 6am lam 8arn 9am 1 Oam llam l2prn fpm 2pm 3pm 4prn Based on this data, a formula known as the Erlang model is used to calculate the number of dedicated call-.takers ,which will be required to ensure that a desired level of service can be met. The follouulna table illustrates the variables selected for this calculation. Average call duration 180 seconds Target answer time 10 seconds Required service level 90% Based on these factors, the following table shows the number of emergency call-taking staff which should be present at each hour of the day to ensure the desired level of service Matrix Consulting Group Page 163 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS is met. To determine staffing needs for this volume of workload, the following two key variables are used: • Average dispatch time per call: This includes time on the radio with responding units, as well as time spent processing the call in the CAD system. From experience with hundreds of fire, law enforcement, and dispatch agencies, we know that this typically averages 3 minutes. • Target occupancy rate: This is the percentage of time that staff should be engaged with an active call, as opposed to "refresh time -When staff can make outgoing calls and prepare themselves for the next incident. An ideal rata is about 50 %. Occupancy rates higher than this can begin to create burnout among staff. Average dispatch time per call Taraet Occupancv Rate Based on these factors, the followi process CAD calls and dispatch w r MI1 10am 11 am" 12pm 1pm 2pm 3pm 4pm 5pm 6pm 7pm 8pm F 2 2 2 2 2 2 2 to Tue 3 minutes 50% the number of staff needed to hour of the_day. pancy Rate fed Thu Fri Sat 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Matrix Consulting .C�rc�up...... ......... ........0 ......... .....�., ------------------------------------------ � Page 169 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS As this chart indicates, current authorized staffing meets current industry standards to meet call taking and dispatch service levels, however these position counts do not account for turnover which typically averages 20%. To meet this the department needs a minimum of 12 dispatchers to meet current service levels. The method of calculation is explained in the following sections. (2) Calculations The following section shows staffing calcula W (3) ',,,,,:'Total Staffing 336 17,520 11.0 347 18,094 11.3 al gh the study r ,r hours required r hours required needed �r,hours required rbburs required needed', !r hours required r hours required needed late actual staffing numbers based on turnover. the emergency call-taking staffing needs (calculated using dispatch and non-emergency staffing needs (calculated total daily and hourly staffing needed to ensure high levels The following charts show the minimum staffing required based upon expected population growth. This indicates that the impact on dispatcher staff needed is negligible and would only impact one hour during the morning shift. Matrix Consulting Group Page 170 Sun Mon Tue Wed Thu Fri Sat 9prn 2 2 2 2 2 2 2 1 Opm 2 2 2 2 2 2 2 11prn 2 2 2 2 2 2 2 As this chart indicates, current authorized staffing meets current industry standards to meet call taking and dispatch service levels, however these position counts do not account for turnover which typically averages 20%. To meet this the department needs a minimum of 12 dispatchers to meet current service levels. The method of calculation is explained in the following sections. (2) Calculations The following section shows staffing calcula W (3) ',,,,,:'Total Staffing 336 17,520 11.0 347 18,094 11.3 al gh the study r ,r hours required r hours required needed �r,hours required rbburs required needed', !r hours required r hours required needed late actual staffing numbers based on turnover. the emergency call-taking staffing needs (calculated using dispatch and non-emergency staffing needs (calculated total daily and hourly staffing needed to ensure high levels The following charts show the minimum staffing required based upon expected population growth. This indicates that the impact on dispatcher staff needed is negligible and would only impact one hour during the morning shift. Matrix Consulting Group Page 170 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS 2025 Minimum Staffing Needed at Determined Dispatcher Occupancy Rate Sun Mon Tue Wed Thu Fri Sat 12am 2 2 2 2 2 2 2 lam 2 2 2 2 2 2 2 2am 2 2 2 2 2 2 2 3am 2 2 2 2 2 2 2 4am 2 2 2 2 2 2 2 5am 2 2 2 2 2 2 2 6am 2 2 2 2 2 2 2 lam 2 2 2 2 2 2 2 8am 2 2 2 2 2 2 2 9am 2 2 2 2 2 2 10am 2 2 2 3 2 2 2 llam 2 2 2 :: 2 2 2 Z 12pm 2 2 2. 2 2, 2 2 fpm 2 2 2 .2 2= 2 2 2pm 2 2 2 2 2 2 2 3pm 2 2 2 2. 2 2 2 2 2 2 2 2 2 2 • t • • 2030 lam 8am 9am 10am l l am 12pm fpm 2pm 3pm 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2. 2 2 2 2 2 2 2 2 C C C Fri Sat 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3.,,, 2 3 2 2 2 2 2 2 2 2 2 2 2 Matrix Consulting Group gaga 171 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS 2030 Minimum Staffing Needed at Determined Dispatcher Occupancy Rate As the above table show, projected workload due 'topopulation growth {and resulting call increases) would increase the number of staff needed in 2030 to 3 to,hanldle expected workloads for a portion of the morning shift. It is important to note that the exact hourly staffing, reeds tan ,be smoothed to fit with the agency's shift schedule; if the maximum staffing 'i's 2,, during periods where the model shows a need for 3 staff, it will keep ,the,dispatcher Occupancy rate below 55%, which is still within a reasonable range. 11.0: Total Filled Positions Needed Turnover Rate, Total Positions Empty Overtime can compensate, j,n part for staff turnover rates. Overtime should generally not exceed 10% of the total - hours needed. In the case of SZPD, this means that the equivalent 0f1,,1 FTE's can be accounted for using overtime. 0 Total Filled Positions Needed X .10 Maximum overtime rate 10% Total Positions Covered by 1.1 OT Overtime alone cannot compensate for a turnover figure this high; to account for turnover, the agency should authorize additional positions with the assumption that some will be empty at any given time. . ... ................................................ . . . . . . . . . . ................................... .. x Consulting Group Page 172 Sun Mon Tue Wed Thu Fri Sat 4prn 2 2 2 2 2 2 2 5pm 2 2 2 2 2 2 2 6pm 2 2 2 2 2 2 2 7pm 2 2 2 2 2 2 2 8prn 2 2 2 2 2 2 2 9PM 2 2 2 2 2 2 2 1 Opm 2 2 2 2 2 2 2 11PM 2 2 2 2 1 2' 2 2 As the above table show, projected workload due 'topopulation growth {and resulting call increases) would increase the number of staff needed in 2030 to 3 to,hanldle expected workloads for a portion of the morning shift. It is important to note that the exact hourly staffing, reeds tan ,be smoothed to fit with the agency's shift schedule; if the maximum staffing 'i's 2,, during periods where the model shows a need for 3 staff, it will keep ,the,dispatcher Occupancy rate below 55%, which is still within a reasonable range. 11.0: Total Filled Positions Needed Turnover Rate, Total Positions Empty Overtime can compensate, j,n part for staff turnover rates. Overtime should generally not exceed 10% of the total - hours needed. In the case of SZPD, this means that the equivalent 0f1,,1 FTE's can be accounted for using overtime. 0 Total Filled Positions Needed X .10 Maximum overtime rate 10% Total Positions Covered by 1.1 OT Overtime alone cannot compensate for a turnover figure this high; to account for turnover, the agency should authorize additional positions with the assumption that some will be empty at any given time. . ... ................................................ . . . . . . . . . . ................................... .. x Consulting Group Page 172 DRAFT Final Report on Staffing and Operation HERT Z, TEXAS 2.2 Total Positions Empty 1.1 Total Positions Covered by OT 1.1 Additional Authorized Positions Adding these 1.1 positions to the 11.0 filled positions needed results in an authorized total of 12.1 FTE's. 11.0 Total Filled Positions Need + 1.1 Additional Authorized Posit 12.1 Total Authorized The agency should authorize 12.1 total FTE's accounting for overtime and turnover rates. This' 2030. The agency's total annual turnover rate for di,, at a given time, 20% of floor positions (or the 11.3 Total Filled, Positions Needed Total Filled'Positions Needed 10 Maximum overtime rate 10% Total Positions Covered by 3 Overtime alone cannot compensate for a turnover figure this high; to account for turnover, the agency should authorize additional positions with the assumption that some will be empty at any given time. ,I 2.26 Total Positions Empty 1.13 Total Positions Covered by OT 1.13 Additional Authorized Positions Adding these 1.13 positions to the 11.3 filled positions needed results in an authorized total of 12.43 FTE's. . ... . ....... Matrix consulting Group Page 173 DRAFT Final Report on Staffing and Operation HERT Z, TEXAS 11.3 Total Filled Positions Needed 1.13 Additional Authorized Positions 12.43 Total Authorized Positions The agency should authorize 12.43 total FTE's to meet hourly, staffing needs while accounting for overtime and turnover rates. Rounded to the next TE would result in the need for 13. It is important to note that SZPD staffs shift supervisors, who can cover in emergencies. They were not used in coverage calculations because ,they have adm,:ipistrative duties as well, however they are working supervisors who carp handle all tasks associated with call taking and dispatch when needed. Currently, dispatch has only 4 dispatch console will be needed. Recommendation: An additio by 2029. Recommendation: future growth. ill rds M The Records Unit consists of -1 mana, processing all reports, OP6 n records community walk-iris. , Records reported the following performa and as the city grows an additional communicator position will be required console will be required to accommodate and 21', clerks. The unit is responsible for jolest8, answering phones and assisting nce measures for a 1 year time frame: Incid6ht reports reviewed - ----------- 9,646 ------ — Counter-Contacts — — ---------- ---- 5,933 Phon6,Calls - - ------------- 17,561 00on'Records 1,190 'Al'arm Permits ------ -- -------- 432 —1-111 Solicitor's Permits ---- ------ --------- - ------ -------- --- 85 Video's Processed (Partial year) - 11 1_____1 ------ ------- ------- - -- ----- — -------- 350 Total 35.197 As the table above indicates the records unit handled 35,197 different functions / processes during a year time-frame. Additionally, they reviewed and destroyed 7 years of crime reports that were unneeded due to retention schedules. Matrix . .......................................... : .............. 6o' Consulting u . iiing Page 174 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Each of these tasks takes various lengths of time to complete, however through our interviews with records staff it was determined they are near capacity to handle any additional work. The following provides a summary of the findings for records. • The records unit is at or near capacity with current • Video processing has been moved from require one additional clerk. 2. Summary of Filridilngs,Crossing to records which will Id be authorized for a total of gs near schools. Crossing pedestrians crossing. The 1mined to be a safety concern. The following provides a summary of the findings for crossing guards. • No changes needed in the nurnberof crossing guards needed. 4 -Matsh6l'sDivis The unit reported the following performance metrics for a 1 year time period: Food insp. 211 2 422 Foster InSD 18 .5 9 Matrix Consulting Group Page 1 75 DRAFT Final Report on Staffing and Operations HERT , TEXAS Complaints Inv. 22 1 22 Total 517 N/A 453 Cade Enforcement C- _ - - - - -- -- - - -_. Code Violations _.__ ..._.. 2,142 .5 ___ _ ..._.. 1,071 Resolved __ Complaints 732 1 732 Bandit Signs 1,347 10 224 Propertv abated 31 3' 93 Total NIA 3,518 5 Animal Se" ices Animal Services responds to animal complaints, investigates crimes against animals and operates a shelter. The unit consists of a sergeant, shelter manager, 4 animal control officers, a kennel technician and two part time kennel technicians. The unit responds to calls for service during normal work hours. In addition to responding to animal calls the unit assists with adoptions and public outreach. The shelter averages vw.v. nnw xvw.vw Matrix Consulting Croup Page 176 DRAFT Final report on Staffing and Operations SCHERTZ, TEXAS 148 animals in occupancy each day which requires significant time for kennel cleaning. Due to the high number of animals in care and minimum cleaning standards that must be met the shelter requires animal control officers assist with kennel cleaning and relies on overtime from other department areas. In the first seven months of 2019, there were 608 animals taken into care. The department performed an internal analysis of the steps and ti:l kennel cleanliness to industry standards. Maintaining cleahl prevent the spread of parvovirus and other diseases throughout tt study indicated it takes approximately 40 hours per day to perf©rl by the kennel tech to clean kennels, feed animals and cycle dogs table below indicates the approximate number of ataff hours accomplish tasks. Week The table below shows the appro (excluding vacation and sick time): Tech ne KT Total required to maintain ss standards helps shelter. The internal all the tasks required trough the runs. The eeded per week to nt of staff and volunteer time per week 96 As the table indicates there is approximately 96 hours of scheduled work per week which is less than needed to complete all tasks: The following table shows the difference betwee,athe total scheduled hours and total hears needed: urs 96 280 -°1 As the table indicates there As a current shortage of 184 hours work hours scheduled to complete all required talks; this represents approximately 4.6 full time positions if all tasks are to be performed by the kennel staff. Adding 4 additional full time kennel technicians for a total of 5 would result in 256 scheduled hours per week (5 Full time, 40 hours each and 2 part time, 28 hours each). This would still leave a shortage of approximately 24 hours per week. The reminder of needed hours could be covered by ACO's and volunteers. This approach is often utilized in other animal shelters. µ.. ............................................... .,ri., - .,w., - w., -- .,ri.,ri., ------ --- ------- -- ------ -- ------ --- ------ --- ----- uW Matrix Consulting Group Page 177 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Supervision of Animal Control is accomplished by a Sergeant and an Animal Control Manager. The Sergeant oversees overall daily activities, works on policy development, budgeting and staffing. The Sergeant is in overall charge of Animal Control which is equal in responsibility to a division. Recommendation: Four additional Kennel Technician positions should be authorized to meet existing workload demands. 6 Chief's Office and Administration The Chief's Office provides overall direction, guidarice and leadershipforl the Department. The Chief has responsibility for every area of t1je-, department and ensures that all employees perform their jobs in accordance with the overall mission of the :,Department and in accordance with the established values.'",,, Reporting directly to the Chief is the As Assistant Chief has administrative ass,! Chief over the Assistant Chief who has, At this level this is a larger span of co to the Assistant Chief. The departmer divisions under their command. This would reduce the scan of, control and i To reduce the s 11 control a hief / Captain position could be added. Matrix Consulting Group Page 178 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS There are a total of two Administrative A Chief and the other to the Assistant C separate job duties, bath positions, provid assistants are able to meet current tasks. Recommendation: Assistant. Chief / C and oD00tionat tau Overall, the expansive to increased poli( for service can; b increase as we deficiencies in in point, there is rel sh • {r( �rti i {+ {gym "f"r�tism 3 tryts��'i��Ylr7¢�kn�`��4t7+)t ��Ii {�ti�iii t�t(t�t��4 +�tir�sf +t G rganiation, one reporting to the h Assistants have distinct and s pgort to the entire force. The inges are implemented, a second ed to address span of control rowth Schertz will experience over the next decade will translate service demand, although that growth will likely occur unequally. Calls inticipateci to increase by nearly 28 %, while Part I crimes are likely to For instance, the staffing analysis has demonstrated significant stcative staffing and kennel technicians currently, although from that vely Kittle growth in needs. The following table provides a summary of the staffing projections, including a 10 -year summary of 2030 forecasted needs versus 2020 authorized: Matrix Consulting Group Page 179 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Summary of Staffing Projections Unit Name Classification Projection Factors 2020 2021 2022 2023 2024 2025 2026 2027 2028 20292030 Auth Administration Chief Executive position; does 1 1 1 1 1 1 1 1 1 1 1 not scale. Assistant Chief Executive officer position; 1 1 1 1 1 1 1 1 1 1 1 scales to span of control or complexity of command and tasks. This is a recommendation of an increase of one A/C. Captain Currently Vacant 0 0 0 0 0 0 0 0 0 0 0 Admin. Asst. Support position, scales 1 1 1 1 1 to number of positions supported. No major changes are expected to roles or workload within the projection timeframe, Admin. Asst. Support position, scales I I I 1 1 1 1 1 1 1 1 to number of positions supported. No major changes are expected to roles or workload within the projection timeframe. latrol Uniform Services Uniform Services Lieutenant Division Command; does 1 not scale. No major changes are expected to roles or workload within the projection timeframe Sergeant Shift Leadership, scales 5 5 5 5 5 1 1 1 1 1 1 at 1 per shift or by span of control 1:6-9. Corporal Shift Leadership, scales 4 5 5 5 5 5 5 5 5 5 5 at 1 per shift or by span of control 1:6-9. Officer Scales to call load. 25 26 30 30 31 31 32 33 34 34 34 Traffic Corporal Officer Marshals Administration Lieutenant Environmental Corporal Officers Scales to supervisory 0 1 1 1 1 1 1 1 1 1 1 spans of control. Elective need; does, not 2 2 2 2 2 3 3 3 3 4 4 directly scale with service needs, but instead scales with targeted level of Scales to the number of 1 1 1 1 1 1 1 1 1 1 1 units/functions managed by the lieutenant. No changes to functional span of control are expected within the projection timeframe. Supervisor of unit; scales 1 1 1 1 1 1 1 1 1 1 1 to the number of staff that directly report to the . . ...................... .... Matrix Consulting Group Page 180 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Unit Name Classification Projection Factors 2323 2021 2022 2023 2324 2025 2026 2327 2325 23292323 Auth position or tasks assigned. Officer Scales to caseload or 1 '1 1 1 1 1 1 1 1 1 1 level of service desired. Warrants Corporal Supervisor of unit; scales 1 1 1 1 1 1 1 1 1 1 1 to the number of staff that directly report to the position. Based on this type of function, spans of control should be set at a maximum of 1:6 -9. Officer Scales to caseload or 1 1 1 1 1 1 1 1 1 1 1 level of service desired. Sanitarian Sanitarian Scales to number of 1 1 1 1 1 1 1 1 1 1 1 tasks or inspections. Code Enforcement Officer Executive position; does 2 2 2 2 2 2 2 2 2 2 3 not scale. Support Services Administration Lieutenant Scales to coverage 1 1 1 1 1 1 1 1 1 1 1 needs. No changes to the number of positions needed to fulfill these requirements are anticipated within the projection timeframe. Dispatch Comm„ Manager Scales to the number of 1 1 1 1 1 1 1 1 1 1 1 units /functions managed by the lieutenant. No changes to functional span of control are expected within the projection timeframe. Comm' '' Scales to number of 4 4 " 4 4 4 4 4 4 4 Superuisofs direct reprts and shift coverage`" Correa Officers Scales to calls for service i " , 12 12 12 12 12 12 12 12 13 13 . and service goats*' " ... .. Records Manager Supervisor of unit; scales i f 1 1 1 1 1 1 1 1 1 to the number of staff that directly report to the position and tasks assigned. Span of control should be set at around 1:6 -9. Clerk Recommended increase 2 3 3 3 3 3 3 3 3 3 3 in 2020 to include new task of BWC management to meet prevailing practice. Officer Elective priority; scales 1 1 1 1 1 1 1 1 1 1 1 based on number of projects. Public Outreach School Resource Sergeant Supervisor of unit; scales 1 1 1 1 1 1 1 1 1 1 1 Officers to the number of staff that directly report to the position. Based on this type of function, spans of control should be set at a maximum of 1:9. Corporal This position is both 2 2 2 2 2 2 2 2 2 2 2 supervisory and response. Based on this type of function, spans of control should be set at a maximum of 1:9. Matrix Consulting Group Fags 181 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Unit Name classification Projection Factors 2920 2921 2922 2923 2924 2925 2026 2027 2028 29292930 Auth Officer Based on one SRO per 1000 students at middle and High Schools or desired coverage. Crossing Guards Based on number of crossing locations. Administration Lieutenant Scales to the number of to the number of staff that 1 units /functions managed 1 position or tasks by the lieutenant. No assigned. Manager changes to functional 2 number of direct reports span of control are or tasks assigned. No 2 expected within the 5 5 unit to expand its current projection timeframe. Criminal Detective Supervisor of unit; scales Investigations Sergeant to the number of staff that Recommend elevation of 2 directly report to the 2 due to responsibility and position. Span of control complexity of position. Animal Service a should be set at around Officer coverage needs anti calls 1:6 -9, including all fern service. Kennel Tech personnel assigned to the population and task time unit. Scales to average kennel Detective 1 Scales to caseload. Corporals Evidence Evidence Based on the number of Technician Technician scenes processed and property /evidence Administration Sergeant Supervisor of unit; scales 1 to the number of staff that 1 directly report to the 1 position or tasks 1 1 assigned. Manager Staffing scales to the 2 number of direct reports 2 or tasks assigned. No 2 changes needed to the 5 5 unit to expand its current 7 scope and objectives 8 over the projection 8 timeframe. Sergeant Recommend elevation of 2 this position to lieutenant 2 due to responsibility and 2 complexity of position. Animal Service a Scales directly with Officer coverage needs anti calls fern service. Kennel Tech Scales to average kennel population and task time Kennel Tech Scales to average kennel (Part Time) population and task time 2 2 2 2 2 2 2 2 2 2 2 8 8 16 16 16 16 16 16 16 16 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 5 5 7 7 8 8 8 8 9 9 9 1 2 2 2 2 2 2 2 1 2 2 1 1 1 1 1 1 1 1 1 '1 1 1 1 1 1 1 1 1 1 I '1 0 0 0 1 1 1 1 1 1 4 4 4 4 2 4 4 4 4 2 2 1 1 5 5 5 5 5 5 5 5 5 2 2 2 2 2 2 2 2 2 2 2 Matrix Consulting Group Page 182 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS 17 Public Affairs Public Affairs is responsible for establishing and maintaining internal and external communications for the City of Schertz. The Department promotes, organizes and supports informational, educational and special event activities that benefit the community and City employees through advertising, production of city,vid6os, print ads, press releases, email blasts, website and electronic sign ad creation and posting. Public Affairs publishes Schertz Magazine with a circulation of over 15,0,0-0,',, Operations of the Civic Center and 311 Customer Care also fall under the umbre,11,6 of Public Affairs. The following organizational chart shows the departmental organizational chart for Public Affairs. 1 11 There are several opportunities for the City to develop a more defined framework for managing operations that will enhance the ability of the organization to improve service and manage costs. Matrix Consulting Group Page 183 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS (1) Cost Recovery Targets and Fees should be evaluated Annually for the Civic Center. The efforts of the Civic Center should remain an annual focus of discussion prior to budget establishment with annual reviews of the fees charged for services and discussion regarding the cost recovery target of this operation. As a center focused on smaller - events, the clientele of the facility generally are going to be price onscious. However, the Center is dependent on a large number of events to generate the revenues necessary to cover allocated costs. It will be important that annually the fees charged for services are reviewed not only to ensure they are sufficient to cover costs, but that they remain consistent with major competitors in the area. Recommendatio be reviewed and be established a (2) an annually the fees usted as needed. with Civic Center rentals should Ily, a cost recovery target should Center Should be Considered for Movement to the apartment. The location of the Civic Cuter and - Community Center operation as a component unit of the Parke and Recreation Department would ensure that all recreational -type fee generating services are handled under the direction of a single individual who is responsible for and accountable for overall operations of these facilities and programs. It would also reduce the impacts and conflicts that have arisen when there is competing needs for existing spade. There are numerous times where city programs and public rentals both want the same facility for the same time period and having one individual overseeing scheduling and programming of these spaces would reduce the potential conflicts. This recommendation is made not due to any current perception of managerial ability, but rather to better align similar functions within the organizational structure. The Matrix Consulting Group Page 184 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS added benefit this provides is that the focus of the Public Affairs Department can be allocated to the core duties of customer service and communications. Recommendation: Longer -term, the City should consider the relocation of the Civic Center operations into the Parks and Recreation Department. Staffing Projections Finally, no recommendations were made to increase the number of staff allocated to Public Affairs. In comparison to other similar local government entities, the City of Schertz has allocated more staff resources to the communications function than other similarly sized organizations — and with this, it provides a level of service much greater than these Matrix Consulting Group Page 185 Matrix Consulting Group Page 186 Employee Projection 2020 Classification Factor Auth 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Director Executive 1 1 1 1 1 1 4 1 1 1 1 position, does not scale. Cust Scales based on 2 2 2 2 2 2: ", 2 2 2 2 2 Customer Relations/ workload, Relations 311 Rep (FT) hours coverage, calls received from residents /publi c Cust Scales based on 1 1 1" 1 1 1 1 1 1 Relations/ workload, 311 Rep (PT) hours coverage, calls received from residents /publi c Communic Communicati Executive 1 1 1 1 1 1 1 1 1 1 1 ations ons Manager position, does not scale. Marketing /C Does not scale, 1 1 1 1., 1 1 1 1 1 1 1 omm based uppo, Specialist workload, programs and service levels. Admin Unique 1 1 1 1 1 1 1 1 1 1 1 Assistant position, 1 per unit... Manager Executive .. 1 1 ., - 1 3 1 1 1 1 1 1 1 Civic position; does - Center - not scale. 'Civic /Comm ,Unique 1 1 1 1 1 1 1 1 1 1 1 Center position, does Coord. not scale. Event Scales based on 4 ", 4 4 4 4 5 5 5 5 5 5 Attendants number of events and -, hours needed for coverage TOTAL 14 14 14 14 14 15 15 15 15 15 15 Matrix Consulting Group Page 186 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS 110,, 18 PUBLIC WORKS DEPARTMENT The Public Works Department consists of three divisions and is responsible for maintaining the City's public infrastructure. The Department's Streets Division is responsible for maintaining City streets, sidewalks, signs and striping, as well as other related duties. The Drainage Division maintains the City's stormwater infrastructure, drainage channels, mowing, pavement markings, storm grates, retention, ponds, trees and guardrails, and other related services. The Water and Sewer Division is responsible maintenance and repair of the water distribution an involves flushing of lines, repair of main breaks, h,, pump and lift station maintenance, locating utility li duties. All three divisions are responsible for c participating in special cit,a 'vents outs Planning and Zoning, Schertz Seguin Valley Local Government Corporation The current o of q lue the r floodplain management, and the wastewater collection system, which lrant maintenance, valve exercising, ,s, water sampling and other related g contracts, and attending and king hours, such as supporting rt Corporation (SSLGC), Cibilo and Council meetings. is shown in the following Matrix Consulting Group Page 187 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS This chapt0r, provides an analysis of required in,' the ,,Public Works'Departm (1) The Departmehl Shou Ba"lanced Level of Seri ME ational and technological changes ocate Personnel in Order to Provide a More The Public Works Department currently provides a set of service levels to its residents that could bem ore balanced through a reallocation of resources. For example, although the Department does ndt'have accurate records on the precise number of curb miles in the City, if it can be estimated that one-half of the roadways in the City have curbs that are swept, then there are about 163 curb miles in the City. The Department's records for FY 2019 indicate that 11,100 curb miles were swept. The Department reports that it sweeps about 91 curb miles multiple times, as trees drop debris on much of these stretches of roadways. In addition, the sweepers make multiple trips to dump sweeping debris each day, and some parking lots are swept on irregular bases. Therefore, the calculation of the actual curb miles that are swept over any specific period is not possible. However, sweeping over 11,000 miles annually does equate to about 917 miles per Matrix Consulting Group Page 188 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS month, or about 45 miles per work day. Therefore, if only half of all miles traveled by sweepers is for actual curb - sweeping, this would result in each curb mile being swept seven (7) times monthly. A large number of curb miles are, in fact, swept multiple times as a result of tree debris, however this is a very high level of service. On the other hand, the Water and Sewer section of the Department is responsible for the maintenance of 228 miles of water main and 115 miles of sewer main, or about 343 linear miles of infrastructure. Using between 15 and 20 center line miles per worker, this is somewhat above the typical amount of infrastructure for which 17 staff members would be responsible, and some services, such as valve exercising and line televising, are not performed on any regular basis. These are critical elements of a preventive maintenance program for the City's underground infrastructure. Recommendation: The Public Wo service levels for the ''maintenance of (2) The Dep Manage The mar Should Enhance th should define appropriate re. ity of Its Computerized Maintenance rier t" utilizes 'Web, QA" as its computerized maintenance S). This system is primarily used as a work request tracking gut the date of the work request, as well as the location and equest. It is not a comprehensive and robust asset n. Once crews have addressed the service request, all time tt the end of the workday; however, there is no detailed C was associated with any specific work performed. In the anually- entered, "Daily Job Time Cards ", multiple tasks are mbers within the time designated on the cards, which inhibits expended on specific tasks. The project team recommends that the Department begin recording both the tasks performed, as well as the hours expended, and the equipment utilized in each task. For example, field crews currently may, in the course of an eight -hour day, perform multiple tasks related to pothole patching, crack sealing and other tasks. These should be individually identified on work orders, and input into a computerized maintenance management system with specific job numbers, along with the actual number of hours atrix Consulting ��Group �««« Page��.1 i DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS worked against it. When crews, or individual crew members, move to a different job site, the hours for each crew member should be entered against a new job number, and this process should be repeated for each successive task performed by the crew, along with the outputs of the performance of the task. Recommendation, , The Public Works Department should enhance the utility of its computerized maintenance management system as a tool to report on work performed, as well ,as .to pion, manolge and schedule work that needs to be performpdw Should Take a More Formal Approach to Insourcing and utsourcing Interviews and observations by the Project Team indicate that the Public Works Department utilizes contractors for several purposes. However, it is not clear that the services that are outsourced to private contractors are identified in a formal, routine manner. The Department' is generally adequately staffed to maintain its current infrastructure, and this typically allows managers to continue to perform certain tasks with in -house staff when, in fact, a formal assessment of all factors may lead to a different conclusion. Outsourcing work in many cases can be beneficial from not only a financial standpoint (i.e., it may be less costly on a per -unit basis than continuing to perform the same task with internal resources), but can also allow an organization to focus on work that has Matrix Consulting Group Page 190 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS higher value, or even on a new service that has either been traditionally outsourced or has not been performed at all. The Public Works Department currently performs certain low- skilled tasks with internal resources, such as mowing (which is outsourced by the Parks, Recreation and Community Services Department) and street sweeping. It also performs line striping internally, which is a function that is largely outsourced in other municipalities, but also requires specialized equipment that is infrequently used, and cannot be used for any other purpose. These are typically candidates for outsourcing. The number, and availability, of I Fewer v ilablq,contractors may result in either higher costs or less When making the cost comparison, the Division should not only take into account these factors, but also the cost of administering the contract, and of performing quality assurance on the contractor's work. The frequency with which the, Routinely- performed services, regardless of complexity, should be service is required performed with internal staff unless they occur during peak workloads. Preventive maintenance and other services that occur repetitively should be performed internally to the greatest possible extent. Matrix consulting Group Page 191 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Recommendation: its services on a outsourcing. (4) The De The Streets Divis a Street Foremai members are res in the City. IN of field -a to street, througho The Public N routine basi sweeping, app to the sign sh pistance from -u ,b and sidev it much of the critically analyze each of bility of insourcing and ent is composed of a Street Supervisor, eight (8) Street Workers I. These staff 1163 center line miles of paved surfaces of the Streets'staff, two Worker 11 positions are dedicated and a Worker 11 and two (2) Worker I positions are sign maintenance. Therefore, in addition to some amount eet Foreman, there are only nine (9) positions dedicated ntenance on a regular basis, and two of these were vacant 11 The project team,,,, ultilizos two methods to determine the sufficiency of labor resources dedicated to street maintenance. ' ntinance. First, we analyze the hourly expenditures of staff in street maintenance-related tasks and compare this to the available hours of the staff dedicated to maintenance of the paved surface inventory. In data provided to the project team for the 12 months ending in July 2019, the following hours were expended. fS 1 111111 11 1 Street Sanitation 1,605.5 Roadway Maintenance 438.5 Matrix Consulting Group Page 192 "Y � " , w Fv .............. Z 11, II Previous experience with The Division should document its experience with each contracted specific service providers. service, noting any exceptional service, either positive or negative in its vendor files. Simply put, the Division should discontinue contracting with any deficient service providers. This may limit the number of available contractors, which may also increase the cost of service, but services delivered poorly and unreliably are generally more costly than having performed them well the first time. The cost of acquiring internal It is rarely cost-effective to acquire sufficient internal expertise to expertise sufficient to perform perform complex repairs that require specialized expertise. the service Therefore, the Division should gengrOl!y,out ource these services. The need for special licenses or Contractors are especially USefulalnO cost effective when they tools to perform the service perform services for which they possess licenses and certifications which are difficult and cost! to obtain. Ability to assure the quality of Each service provided by,,a,bontractor should be monitored to service provided, and ensure that the work was, performed according to quality standards, conformance to contractual as well as in conform ao I ce with the contract. The cost of this quality specifications, by the contractor check should be factored into every cost calculation when determining the relativ cost of internal and contracted s6irvicp. Recommendation: its services on a outsourcing. (4) The De The Streets Divis a Street Foremai members are res in the City. IN of field -a to street, througho The Public N routine basi sweeping, app to the sign sh pistance from -u ,b and sidev it much of the critically analyze each of bility of insourcing and ent is composed of a Street Supervisor, eight (8) Street Workers I. These staff 1163 center line miles of paved surfaces of the Streets'staff, two Worker 11 positions are dedicated and a Worker 11 and two (2) Worker I positions are sign maintenance. Therefore, in addition to some amount eet Foreman, there are only nine (9) positions dedicated ntenance on a regular basis, and two of these were vacant 11 The project team,,,, ultilizos two methods to determine the sufficiency of labor resources dedicated to street maintenance. ' ntinance. First, we analyze the hourly expenditures of staff in street maintenance-related tasks and compare this to the available hours of the staff dedicated to maintenance of the paved surface inventory. In data provided to the project team for the 12 months ending in July 2019, the following hours were expended. fS 1 111111 11 1 Street Sanitation 1,605.5 Roadway Maintenance 438.5 Matrix Consulting Group Page 192 DRAFT Final Report on Staffing and Operations FPT , TEXAS Potholes 1,853.5 Spray Roadway Vegetation Management 678.2 Paint Striping 194.0 Thermal Plastic (roadway striping task) 126.0 Crack Sealing Maintenance 173.5 Curb and Sidewalk Maintenance 1,005.0 Total 6,074.2 Assuming that a full time equivalent worker is available for 1,x650 hours per year after vacation, sick time, personal leave, administrative and trainiing time, and assuming the Street Foreman expended 50% of available time in actual field work, the total number of hours that should have been expended in streets maintenance tasks was 10,725 (1,650 * 6.5 workers). However, accounting for the two vacancies in the Division, this was likely only between 7,500 and 8,000 hours. This leaves a discrepancy of between 1,426 and 1,926 hours, which is likely a result of diverting the'staff to other non - street- related efforts. (5) The Department Should Add an Administrative Assistant to Assist with the increasing Clerical and Ad, ministrative Workloads. The Public Works Department is currently staffed with 48 authorized positions. A summary:of these positionsis provided in the table below. Director '' 1 WAterlWastewater Manager 1 Administrative Manager 1 PW Receptionist /Dispatcher 1 Water & Sewer Manager 1 Water/Wastewater Superintendent 1 Water & Sewer Foreman 1 Serviceman III 1 Serviceman II 5 Matrix Consulting group Page 193 DRAFT Final Report on Staffing and Operations SCHERTZ, TEXAS Serviceman 1 10 Drainage Foreman 1 Drainage Worker 11 2 Drainage Worker 1 5 Public Works Manager 1 Street Supervisor 1 Foreman (Streets) Street Worker 11 6 Street Worker 1 8 Total Department 48 Total Administrative/Clerical Positions 2 As can be seen in the table above, there are 48 a ' Uthdrized positions.', Further analysis of this table indicates that, of the 48 authorized' positions, only two of these, the Administrative Manager and the PW Receptionist/Dispatcher, are classified as clerical/administrative employees. The Public Works Department should be authorized an additional Administrative Assistant. This position would assist the Administrative Manager in procurement, payroll processing, regulatory reporting, work order entry and reporting, as well as other duties as required. Matrix Consulting Group Page 194 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Recommendation: The Public Works Department should add an Administrative Assistant to assist with the increasing clerical and administrative workload in the Department. s Staffing Projections The primary drivers of staffing requirements in Public Works relate to the infrastructure demands of paved surfaces, grounds and underground utilities. Given that there are no definitive estimates for the growth of these particular attributedoing forward, the project team utilized the estimates for housing units in the City, as ,these are proxies for the demands for additional paved surfaces, as well as water and sewer infrastructure. The lack of data from a well- defined asset management plan or from the more effective utilization of the maintenance management system is a major impediment to this department addressing existing service delivery, issues. The positions of Director and Administrative Manager do not scale and are assumed to remain as single employees per position for the duration ol` the planning horizon. The position of Dispatch Clerk is assumed to vary with population, as the volume of work varies with the number of calls. However, given the estimate of population growth in the City through 2030, there is a projected:need for only one Dispatcher through this period. In Streets and Drain Foreman do not sca the planning horizoi employees, respect estimates that apple for the next two veal members (one :Street forward, however, due estimates that an addit ng resources are utiiizea, nowever, it is estimatea that there t the present time. Given that crews are composed of three commends that the Department add three additional crew r ll and two Street Workers 1). To address the needs going ) anticipated growth in the road network, the project team rew will be required by 2030. Drainage Workers I and II (currently five and two employees, respectively) are expected to increase to seven and three positions, respectively over this time period. The Foreman positions are assumed to vary with the number of employees under supervision and given the small increases in the number of these positions, they are also projected to remain constant at one employee in each position. Matrix Consulting Group Page 195 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS In the Water and Sewer Division, the positions of Water /Sewer Manager, and Water /Sewer Superintendent do not scale, and are assumed to remain constant at one employee in each position over the planning horizon. The positions of Serviceman I, II and III (with 10, five and one position in each, respectively) are assumed to vary in concert with the number of street miles added over the planning period. Therefore, by 2025, there are projected to be an additional 21 miles of water and sewer line, for a total of 364 miles, and by 2030, there are projected to be an additional 25 miles, for a total of 389. Maintaining the current ratio of approximately 20 miles of water and sewer line per field worker, this results in the need for an additional two field workers by 2030. The positions of Serviceman I and 11 are projected to increase from 10 and" fv,,respectively, to 11 and six over the planning horizon. The position of Serviceman III is'projected to remain at a single incumbent during the same time period. As was the case for the Foremen in Streets and Drainage, the Foreman position in the Water /Sewer Division is assumed to vary with the number of employees under supervision but is expected to remain at a single employee over the planning horizon. Matrix Consulting Group Page 19 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Employee 2020 Unit Classification Projection Factors Authorized 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Administration Director Executive position: 1 1 1 1 1 1 1 1 1 1 1 Recommendation: Increase the number of Street Worker positions by one Street Worker 11 and 2 Street Worker y positions in 2025. Recommendation: Increase the number of Drainage Worker I positions by one in 2025. Recommendation-, Increase the number of Serviceman positions by one Serviceman 11 and one Serviceman I in 2025. Recommendation: Increase the number of Drainage Worker I positions by one and the number of Drainage Worker II positions by one in 2030. .... .... .... .... .... ... Matrix Consulting Group Fags 197 Administrative Management position; 1 1 1 1 1 1 1 1 1 1 1 Manager does not scale. PW Varies with 1 1 1 1 1 1 1 1 1 1 1 Receptionist- population /infrastructure Dispatcher maintained by staff Administrative New position to address 0 1 1 1 1 1. 1 1 1 1 1 Assistant clerical administrative deficit; varies with staff supported Streets and Public Works 1 1 1 1 1 y 1 1 1 1 1 Drainage Manager Position does not scale Street 1 1 1 1 Supervisor Position does not scale Foreman Varies with staff under 1 1 1 1 1 1 t 1 1 1 1 (Streets) supervision Varies with 6 7 7.1 7 7 8$ 8 8 8 8 Street Worker infrastructure II maintained Varies with 8 10. 10 10 10 12 12 12, 12 12 12 Street Worker I infrastructure maintained Drainage Varies with staff under 1 1. 1 1 1. "' 1 1 1 1 1 1 Foreman supervision Varies with 2 2 2' 2 2 2 2 2 2 3 Drainage Worker II infrastructure maintained Varies with 5 5 5 5" 5 6 6 6 6 6 7 Drainage Worker I infrastructure maintained Water and Water /Sewer 1 1 1 1 1' . 1 1 1 1 1 1 Sewer Manager Position does not scale Water /Sewer 1 1 1" ." 1 7 ,1 1 1 1 1 1 Superintendent Position does not scale Water &Sewer VarigsWitl}Sfaffunder 1 1 1 i 1 1 1 1 1 1 1 Foreman superuis'ush ' atteswith 1 1 1 1 1" , 1 1 1 1 1 1 Serviceman III Infrastructure Maintained Varies with 5 5 5 5 5 6 6 6 6 6 6 Serviceman It infrastructure maintained Varies with lit 10 "' " X10 10 10 11 11 11 11 11 11 Serviceman I infrastructure . maintained -` TOTAL 47 61 51 51 51 57 57 57 57 57 59 Recommendation: Increase the number of Street Worker positions by one Street Worker 11 and 2 Street Worker y positions in 2025. Recommendation: Increase the number of Drainage Worker I positions by one in 2025. Recommendation-, Increase the number of Serviceman positions by one Serviceman 11 and one Serviceman I in 2025. Recommendation: Increase the number of Drainage Worker I positions by one and the number of Drainage Worker II positions by one in 2030. .... .... .... .... .... ... Matrix Consulting Group Fags 197 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS 19 Organizational Structure Analysis This chapter of the report addresses several potential organizational structure changes that may enhance operational practices or bring the City into alignment with typical local government management structures seen in other communities. Where appropriate, a specific recommendation for change is provided. The following organizational chart shows the overall departmental reporting structure for the City of Schertz. Matrix Consulting Group Page 198 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS 1 Potential Reorganizations. During the course of this evaluation, there were several organizational structure issues that were identified where the existing structure of the City of Schertz appears to deviate from the typical structure seen in other municipal organizations that were not addressed in the prior chapters. These have occurred over the preceding years to address specific performance or operational issues the City was facing and by most accounts have addressed operational or performance issues that were present (1) Combining Human Resources and Procu ReccrrnmendatIOh; No change is recommended at the present time to realign the Human Resources and Procurement Department. However, if other organizational changes are made in the future that impact either the Human Resources or Finance Departments, consideration shoilx d be given at that time to realigning the procurement operations under the Finance Department. (2) Anima Control Should Be Established as a Stand Alone Department. The inclusion of Animal Control within the Police Department is not the organizational model typically seen in other communities currently. This model was utilized historically but has fallen out of favor as the Animal Control function has become more professional and services have expanded with a greater focus on community education, placements, rehabilitation, and adoptions and less on simply the enforcement of animal control laws and picking up stray animals. Matrix Consulting Group Page 199 DRAFT Final Report on Staffing area Operations SCHERT , TEXAS While placement within the Police Department has worked well to address operational issues that were present, it has diverted resources from typical police operations to the Animal Control function. Additionally, it has created some concerns regarding spans of control and the sufficiency of the number of managerial staff within the Police Department. Movement out of the Police Department would require establishing the Animal Control function as an independent Department with a Director but may lessen the operational need, discussed in the Police Department chapter, for an additional Assistant Chief position. To effectively implement this model, the City should en the Animal Control Manager level that can not only shelter but provide the direction and leadership to man There is no urgency to making this change, but tle,im: the structure with not only a more common organization, mitigate the need for some administrative oversight at 1 contributing factor to the recommendation for a second day -tai -day operations provide additional field i department.: This coul Building Inspectors (re functions) and a great enforcement activities.:) law enforcement peiti individuals who make ished as a stand -alone ng code compliance / code stpartment to the Planning and �r moving the function'of property maintenance code compliance aerations, 'inctoding the Sanitarian position, from the Police ing and Community Development Department in the longer -term. titan are more closely aligned with duties and services provided mrnunity Development Department. Having these staff located could provide the opportunity to more closely involve them in the of the Department and potentially to cross -train the positions to nspections support for certain inspection duties conducted by the d include sign and landscaping enforcement, limited support to lated to work without permits, stop work orders, and similar er coordination of the work of the Sanitarian in review and n most local governments, these positions are not filled with prior ons and are viewed as a separate professional industry with career in the Code Enforcement arena. While they could be more fully integrated into operations absent an organizational change, it is easier to accomplish when under the same Director. This change would not directly change staffing requirements, existing positions would simply be relocated, it would impact the span of control and oversight responsibilities of the Planning and Community Development Director. If this approach is implemented, it will be necessary Matrix Consulting Group Page 200 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS to include an Assistant Director to provide greater executive support and sufficient oversight to the department's various functions As such, it should be done at a point in time where the Director would have sufficient time to dedicate to incorporating those functions into the Department. It should be a priority over the next two years to develop an approach and implement this change. If needed, temporary staffing could be provided to the Director to ensure sufficient time can be directed to implementing this change. Recommendation: The functions related to property, maintenance code compliance and enforcement should be moved from the Felice Department to the Planning and Community Development Department. (4) The GIS Department should be integrated into the Information Technology Department. however, if implemented, th City should consider the reclassification of the proposed IT Supervisor position to an Assistant Director position to provide more managerial capacity and gpcession planning The location of the Civic Center and Community Center operation as a component unit of the Parks and Recreation Department would ensure that all recreational -type fee generating services are handled under the direction of a single individual who is responsible for and accountable for overall operations of these facilities and programs. It would also reduce the impacts and conflicts that have arisen when there is competing ��wuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvu�� «««« «««�. a aaaaaaaaa aaaaaaaaa aaaaaaaaa ......... .<<<<<<<< vuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvu�� ....... ......... �� Matrix Consulting Group lugs 201 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS needs for existing space. There are numerous times where city programs and public rentals both want the same facility for the same time period and having one individual overseeing scheduling and programming of these spaces would reduce the potential conflicts. This recommendation is made not due to any current perception of managerial ability, but rather to better align similar functions within the organizational structure. The added benefit this provides is that the focus of the Public Affairs Department can be allocated to the core duties of customer service and communi Recommendation: Longer -term, the City should cdnsllder° the relocation of the Civic Center operations into the Parks and Recreatfori' Department. (6) Consideration should be given to moving the functions of. Fleet & Facility Services (currently a stand -alone department), to the Public Works department. The duties of these operations are closely aligned,, the Public Works Department, including equipm, ( Oraanizationally. it is not uncommonto have Fleet Recommendation: moved to the Publ « =9P functions related to Fleet & Facility Services should be Tonal Structure. I chart shows at the Departmental level what the new Id look ,Like for the City of Schertz if these changes were tw the change of Code Enforcement from Police to Planning t as this occurs at the divisional level and other departments s important to note however that this change would slightly mtrol for the Assistant City Managers if no other realignment implemented. Matrix Consulting Group Page 20 DRAFT Final Report on Staffing area Operations SCHERTZ, TEXAS Matrix Consulting Group Page 203 DRAFT Final Report on Staffing and Operations SCHERT , TEXAS v�r} Appendix A - Sample Performance Metrics The following sections provide sample recommended performance measures for major operational areas of the City's organization. It is important to note that in many cases, the City does not currently have data available necessary to report on preferred measures and staff will need to start capturing this data before the measures can be reported on. It is likely to take several years to fully implement a robust performance measurement program and embed into the organizational culture ,a data- informed approach to management and policy decisions. Notwithstanding this data limitation, there are many measures that can be implemented immediately, or as interim measures, until the data becomes available to implement the desired measures. 1. CITY MANAGEMENT Measure Intent % of respondents feeling City is well - managed Annual work plan developed for ea( department with quarterly review KNIERFILMM Annual turnover rating Indicator or public overall city operatio Ensures ai developed Guide word City° aneger with one semi- annual update to Council. n/a • ` L1I9 Nt isurs staff turn -over. Over Data currently exists this could be established as to measure this. separate measures: (1) )luntary; and (2) voluntary. <10% annually Matrix Consulting Group. gage 204 DRAFT Final Report on Staffing and Operations SC ERT , TEXAS % of recruitments completed within established targets % of recruitments with qualified applicants from underrepresented groups. % of employees still employed 1 year after hire. % of Staff rating training courses as providing valuable content. Purchase orders under $1,000 are made with rebate p -card or credit card. Measure Design & Commun Percent of social media followers who identify their primary language as other than English. To maintain fast moving recruitment processes to attract and acquire best quality candidates. Measure of effectiveness of the, recruitment process to represer, both qualified candidates and those that fit the organizational culture. Measure to evaluate quality of t training provided to employees. With the City using a're,b prograrnf ©r P -card pure more department staff u cards, the greater the cit,. (considering pyment on are made tune #y ). 1 tent ications The City's goals include diversity, equity, and inclusion. This metric shows if the City is connecting to a more diverse population group with its social media outreach efforts. Data is /or can easily be captured in existing software systems. The City Will need to have its financial software record the total number of invoices under $1,000 and then identify the total number of those purchases made with a P -card. <45 days for entry level positions; <60 days for professional positions; <90 days for executive positions. >95% of positions filled. >95% >90% >_ 80% Date Suggested Req The City will collect data from Facebook, Twitter, and Instagram on how many of the followers on those platforms identify their primary language as other than English. Comparable to percentage of population with Spanish as primary language. Matrix Consulting group �.�.�� v.�.� ............................ Page 205 DRAFT Final Report on Staffing d Operations SCMERTZTEXAS Social Media w/trockngab|hv (Faoebook.*to.) shows an increase in people liking or otherwise following the city's posts. Percentage ofdesign projects completed bv the agreed upon This is an efficiency measure. The goal ietn encourage staff hobe innovative in ensuring a specific growth measures are achieved with the outcome measure of transparency. This is an efficiency measure designed to assist with the evaluation of project ataf 4~ FLEET AND FACILITIES Property Management Workorder completed Mnasumnwhoth as scheduled. scheduled effect The number of re-work,"',, When maint nce stafft, workorders; required,","' but have to comeback to again becaUse-spmething Date Requirements Data of"|ikea"or people following the city's posts will need to ba obtained from each eooio| media site ° uh|izadbvthe City,"' � ,,the work and come L ,with an agreed upon oanoa a measure OEM �: 5% annual increase from the prior year Before stai �: 80% of projects design pro are completed oy the agreed upon Work, order data is �:80%nr maintairiOdthat ekovva greater start aotual�,sjart date Work order data is maintained that shows whether the work ie Total work orders completed with city staff compared with total work orders outenuroodhoa vendor. when scheduled. ' :5 5% of total work orders is "re-work" :510% of work is outsourced Matrix Consulting Group Page 206 the qv lit a y of work they are, providiggtheir customers The'pprcentage of Measures whethler the City is outsourced excessively ddhtracting out repairs. maintenance work to This,obuld be anindication of in-house work,,pn a maintenance issues that need to project basis be ad ssed or a matter of having staff,tra1hed / certified to perform OEM �: 5% annual increase from the prior year Before stai �: 80% of projects design pro are completed oy the agreed upon Work, order data is �:80%nr maintairiOdthat ekovva greater start aotual�,sjart date Work order data is maintained that shows whether the work ie Total work orders completed with city staff compared with total work orders outenuroodhoa vendor. when scheduled. ' :5 5% of total work orders is "re-work" :510% of work is outsourced Matrix Consulting Group Page 206 DRAFT Final report on Staffing and Operations ERT , TEXAS The number of This measures the efficiency of the Total work orders with preventative City's fleet preventive maintenance preventive maintenance tasks program. maintenance work performed on schedule :as the Department's effectiveness showing a scheduled in publicizing their availability. start date are compared with the actual start date. Fleet workorder "re - This is an indication of service Total work orders are work" rate quality. compared to the applications closed efficiency in quickly reviewing number of 're-work within 30 days straightforward land use workprders. 5. PLANNING AND COMMUNITY D >_ 95% of preventive maintenance tasks are performed on schedule s 5% of total work orders are re -work orders Percent of residential building plan reviews completed within 15 business days Percent of comet building plan revi completed within business days Measures the Department' efficiency in quidkly routing reviewing residential plans to provide timely customer Data available to ciculate — new r system will further automate this. Data available to f calculate — new order system will further Tice. automate this. 95% 95% Percent of submittals Measures the City's rate cif . Tracking this measure 50% received electronically utilisation for more efficient:and will require full "tech noligy- driven methods, as well implementation of :as the Department's effectiveness electronic document in publicizing their availability. review, including digital plans submittals. Land Use Percent of Simple,,,' Measures the Department's Data available to 90% applications closed efficiency in quickly reviewing calculate — new within 30 days straightforward land use system will further applications and bringing them to a automate this. resolution in a timely manner. Matrix Consulting Group Page 207 DRAFT Final Report on Staffing and Operations SCHERT , TEXAS Percent of more complex applications closed within 90 days (date of complete application received to date of decision, excluding appeals) Percent of inspections completed within 1 business day of request Average number of address stops per inspector workday Percent of "satisfied" and "very satisfied" responses to customer survey h_ General Fu i Data rs• ., Requirements Measures the Department's Data available to 90% efficiency in reviewing more calculate — new complex land use applications and system will further bringing them to a resolution before automate this. the State - mandated deadline. Measures the Department's This rieasure can be efficiency in providing timely reported upori alread, customer service and ensuring that - using existing data building and code compliance inspections occur without delay. Measures the Department's',", This measure can workload per inspector and ability to already be reported spread inspections effectively, upon with existing among inspectors. data. Measures the Department's overall This measure requires ability to meet customer implementation of a expectations customer survey tool. City is,fisoally responsible and lots future borrowing costs rve The City is fiscally responsible and ensures sufficient reserves to weather economic downturn or unexpected financial need of the oraanization. Earned credit rating from at least Moody's or Standard & Poor's rating services Financial statements showing the percent of unassigned general fund reserves as a percentage of the City's total general fund operating budget 98% 80% Target AA1 / AA+ >_ 16.67% General Fund reserve balance Matrix Consulting Group. Page 208 DRAFT Final Report on Staffing and Operations FIE RT , TEXAS Fund balance budget versus actual Defendants successfully comply with court orders prior to a suspension being issued. Case clearance rate Case load aging This measure shows how accurate city staff are at budgeting in comparison to actual financial performance The outcome is theoretical in you are "connecting" with offe in a way that is successful eni to get them to comply with eo orders. • ' • 0 • Server intrusion identification I any attempt to penetrate computer network projections and ending The date when a case enters the court and the date when the case is resolved (excluding cases that go to warrant) are recorded. Appropriate software that monitors for system intrusion and immediately reports any suspected attempts >_ 60% of cases are cleared within 90 days. Within 24 hours of occurrence Matrix Consulting Group. Page 209 DRAFT Final Report on Staffing and Operations HEPT , TEXAS Internal Phishing Deducing the risk of system The City will continue s 5% campaigns clickthrough intrusion caused from employees to employ an active > 5% of the rates clicking on email links or opening phishing campaign Technical services email attachments and keep records of orders and turnaround the total emails sent Patron surveys Depends on and total emails that the program were "clicked" or otherwise had an attachment ppened Helpdesk ticket This is measure of IT workorder IT will monitor total Within 4 response times ticket effectiveness and efficiency. workorder /,tickets and hours for :record in thy* priority or workorder system emergency times of ticket'dration incidents and initial arrival tlio, and within in response to the 3 business workorder / ticket. Clays for all other incidents. Average cycle time for This measures the time it takes for ]Twill monitor and s 3 days open IT workorder IT staff to compio a workorder record workorder tickets ticket. Cycle time$ wilf vary creation date with depending on the difficulty of the workorder closure repair, but if the average per ticket date . is high, that could be indicative cf Weer# todetermine the cause.,," = m Collection turnover To the library is making space available and g patron neecis. p the library current and a patron needs for new Getting new materials, To keep the library current and into circulation. meeting patron needs for new Programs attended do To keep programs current and fresh not decline in in meeting patron needs; to ensure attendance that staff are constantly using patron feedback and monitoring attendance to improve programs. Nata Suggested- Requirements Benchmark Tracking circulation > 5 times overall and by program area. Tracking circulation > 5% of the overall and by collection. program area. Technical services 3 days tracking incoming orders and turnaround time to shelves, Patron surveys Depends on the program Monitoring attendance trends Matrix Consulting Group. Page 210 DRAFT Final Report on Staffing and Operations SCHERT , TEXAS Measure Intent % of programs Ensure .,. that . full needs of the entire provided to community are met by focusing underserved patrons some efforts on underserved populations. % of participants indicating satisfaction with the program. To measure participant pe of program value. Data Requirements ,.. -- ............................ Tracking of the number of programs conducted by target audience category. Will need to con' post program su to collect data. >10% of programs (initially). Overtime, program %ages should be reflective of population served. >80% per program. Matrix Consulting Group Wage 211 DRAFT Final Report on Staffing and Operations EPT , TEXAS Park acres per 1,000 residents equals or exceeds national average. Proportion of total work orders (or labor hours) spent on routine tasks and preventive maintenance rather than service requests` Percentage of residents who consider the City's be Measures the overall ave parks and open space to of Schertz. acreage and Data ste Measure Intent Requirements Benchmark Parks Maintenance management and than "gutting out fires', Indicates the= work order system Percentage of parks Measures the division's ability to This will require an 90% receiving a score of keep parks in a condition that is annual parks condition teaching residents with appealing "good" or "excellent" in appealing to residents. assessment. recreation an annual parks programs to those in which programming and the condition assessment establishment of Percentage of Measures the accessibility of This will require GIS 85% households living within parkland and open space to City analysis tod termine '/z mile of a park. residents. the distance of Park acres per 1,000 residents equals or exceeds national average. Proportion of total work orders (or labor hours) spent on routine tasks and preventive maintenance rather than service requests` Percentage of residents who consider the City's be Measures the overall ave parks and open space to of Schertz. recreation program's This will require an n meeting the needs annual community ms of Schertz's survey. Percent of recreation acreage and This metric can be population data. Measures the degree to which the This will require a Department's focus is on "routine functional, asset and preventive maintenance rather- management and than "gutting out fires', Indicates the= work order system quality of perk conditions. , with," reporting figures. capabilities. recreation program's This will require an n meeting the needs annual community ms of Schertz's survey. Percent of recreation Nteasuresthe cost efficiency and This metric can be programming costs value, generated by recreation measured currently recovered through user programming — a target cost using budget and fees recovery level should be a policy recreation revenue decision made by City leadership figures. Percent of recreation Measures the City's effectiveness in This metric will require programs meeting teaching residents with appealing attendance counts at minimum enrollment recreation offerings and limiting recreation programs to those in which programming and the residents have interest. establishment of minimum enrollment benchmarks. 70% 75% 80% Matrix Consulting Group Page 212 DRAFT Final Report on Staffing and Operations EPT , TEXAS 10. ENGINEERING Percent of CIP projects Measures the City's ability to None, this data is 80% which are completed accurately predict and effectively already readily within 90 days of their manage the timing of capital project available. initially planned progression. None, this data is >95% completion date respond to industry response already readily Percent of CIP projects Measures the City's ability to None, this data is 85% which are completed accurately scope and cost capital already °readily within the initially projects and manage project - related available; planned budget expenses during the progression of the project. Percent of CIP projects Measures the City's ability to - None, this data is 85% with change orders manage change orders and their already readily totaling less than 15% impact on costs over the life of the available. of the initially planned project. budget 11. EMS Percent of BLS calls Measures the City's'dbility to None, this data is >95% with response within six respond tp industry response already readily minutes standard. available. Percent of ALS calls Measures the City's ability,tol, None, this data is >95% with response within respond to industry response already readily ten minutes standard. available. L. it i Percent of Fire,,, Measures the City's ability to timely Inspections cerrtjrleted complete fire inspections. on schedule Percent of calls where lVloasures the City's ability to meet turnout time is 80 NFPA standard. seconds or below (Fire call) Percent of calls where Measures the City's ability to meet turnout time is 60 NFPA standard. seconds or below (medical calls) The City should adopt >90% a response time for fire inspections. None, this data is >90% already readily available. None, this data is >90% already readily available. Matrix Consulting Group. Page 213 DRAFT Final Report on Staffing d Operations SCMERTZTEXAS Percent of calls where first arriving engine company on scene m four minutes. Percent cf calls where full deployment is achieved in eight minutes. 13~ POLICE Measures the City's ability tomeet NFPA standard. Measures the City's ability tomeet NFPA standard. Average response time Measures the City's ability ho for Priority 1 calls handle calls for service. Case clearance rate To measure percentage of cases closed over time. Nona this data is >90% already readily None, this data is >90% already readily available. Data available' Report actual average Data'available Report actual average response Data available Report actual average response time. Data readily available 60% or from CAD data but will greater need toba proactive coordinated with other targeL dataeataregending administrative time Must be (tnsining, report adopted in wriUng, mdo.)to get net alignment available proactive with the time. staffing allocations adopted. Data readily available but will need toba tracked consistently. Matrix Consulting Group Page 214 Agenda No. 7. ei Olum City Council Meeting: May 12, 2020 Department: Emergency Medical Services Subject: 2019 EMS Annual Report. (J. Mabbitt) The EMS Department has created an annual report that will be sent to stakeholders. That report is attached for information for Council. Late to add to Council due to the ongoing COVID -19 pandemic. Attachments 2019 EMS Annual Report 9 Incident Location Heat Map 1 5 �1 } Call Volume by Month 9 Mori ffi of CAI, } YtY Response Time 11 "ill" "', d ,, I "", Schertz EMS Response Time Minutes Response Time -Average Minutes per e s. 8-4 8'a .. .... . . ""z µ14 i 11 1,,- Medical/Trauma EML�� Unkt Unit Response szMI 2,675 szMz 2,675 szMs 2,625 szMs 1,827 SZM4 1.1.22 sZM6 453 SZMA 57 SZM7 27 Patient Care Report Summary: PCPs by Ms patch Day & Hour DOM KOO 02,00 031,00 04!(* 05,06 MOO 07MO 08;00 09'M 10,00 11:00 12M 13,00 14.100 1500 161.00 MM MM, 1" 30.0 1.3 Average Per Day Average Per Hour *PCR.I#DaVv.74h..m 10,966 Total PCRs Ambulance Year Mileage as of December 31 Vehicle Year S� 4 W,[pd:U6 53.9IXJAPR,9P S2; W,999,9Q SJ,fIIXF90t]:fXl 5t,oeap9o.00 9sou,9maa S- �. GB n __ PATRCIA