05-26-20 Agenda with backupMEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
May 26, 2020
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively s a team
City Council will hold its regularly rly sc e e eeti at p.m., Tuesday,
May 2, 2020, at the City Council Chambers. In lieu of attending the meeting in
person, residents will have the opportunity to atc the meeting via live stream
on the City's YouTube Channel.
Call to Order
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Scagliola)
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 rmmeethgr via live stream, but who would like to participate in Residents to be Ilearcd,
should email their continents to C ity Secretaq, BrendaDennis, at bcdennis(er�schertzxo by 5:00p.m. on Monday, ll gy
2i, 2020, SO THAT THE CITY SECRETAR YMA YREAD THE PUBLIC COMMENTS INTO THE
RECORD UNDER THE HEARING OF RESIDENTS. In the bandy ofthe entail please include your name,
your address, phone number, agenda item # id'alyliearble or subject gf disemassion, aan d your comments.
May 26, 2020 City Council Agenda Page 1
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the Consent
Agenda upon the request of the Mayor or a Councilmember.
The following was read into record:
1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of
May 12, 2020. (B. Dennis)
2, Resolution No. 20 -R -53 - Consideration and /or action approving a Resolution by the City
Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local
Flavor Economic Development Grant for 405 Main. Street. (M. Browne /B. James)
3. Resolution No. 20 -R -52 - Consideration and /or action approving a Resolution by the City of
Schertz, Texas authorizing a Re- imbursement Agreement for the costs associated with acquiring
necessary easement between the City of Schertz and the Developer of Homestead. (M.
Browne /B. James)
4 Resolution No. 20 -R -54 - Consideration and /or action approving a Resolution by the City
Council of the City of Schertz adopting a revised purchasing policy and other matters in
connection therewith. (C. Kelm /J. Gohlke)
Discussion and Action Items
5. Resolution No. 20 -R -49 - Consideration and /or action approving a Resolution by the City
Council of Schertz, Texas authorizing EMS Charity Care adjustments and other matters in
connection therewith. (C. Kelm /J. Mabbitt)
Resolution No. 20 -R -51- Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing the City Manager to enter into a contract
agreement with Lou Jon Construction Company Inc.for the Public Safety buildings restrooms
renovation project and other matters in connection therewith. (C. Kelm /T. Buckingham)
May 26, 2020 City Council Agenda Page 2
Workshop
% Ordinance No. 20 -11-18 - Consideration and /or action approving an Ordinance of the City
Council of the City of Schertz to supersede Ordinance 20 -H -15; extending a Declaration of
Local Disaster; Restricting certain activities; establishing penalties for violations; providing an
effective date and declaring an emergency; First and Final Reading. (M. Browne /K. Long)
g. Update on the Street Preservation and Maintenance /Rehabilitation Efforts (B. James /J. Nowak)
Roll Call Vote Confirmation
Closed Session
9. City Council will recess into Closed Session as authorized by the Texas Open Meetings Act,
the City Council will adjourn into closed under Section 551.072, of the Texas Government
Code regarding deliberation and consider the purchase, exchange, lease or value of real
property related to a project with Schertz- Seguin Local Government Corporation (SSLGC).
Reconvene into Regular Session
9A. Take any action based on discussions held in closed session under Agenda Item 9.
Roll Call Vote Confirmation
Requests and Announcements
• Announcements by the City Manager.
• Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
• Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
Adjournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY
CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 22nd DAY OF MAY 2020 AT 3:30 P.M., WHICH IS A PLACE
READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS
POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE.
May 26, 2020 City Council Agenda Page 3
BRENDA DENNIS
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
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.
CEZSIMI-4 -44- Y12WOM ME41.i
Mayor Gutierrez --------- xxxxxxxxxxxx
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 -
Alternate
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
May 26, 2020 City Council Agenda Page 4
Councilmember Heyward — Place 6
Audit Committee
Investment Advisory Committee
Schertz Animal Services Advisory
Commission
Councilmember Brown — Place 7
Main Street Committee
Schertz - Seguin Local Government Corporation -
May 26, 2020 City Council Agenda Page 5
ei 10UM
City Council May 26, 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 12, 2020. (B. Dennis)
The City Council held a Regular City Council meeting on May 1.2, 2020.
RECOMMENDATION
Recommend Approval.
Attachments
5 -12 -2020 Minutes
DRAFT
MINUTES
REGULAR MEETING
May 12, 2020
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on May 12, 2020, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council
Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members
present to -wit:
Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Mark Davis; Councilmember
Rosemary Scott; Councilmember Scott Larson; Councilmember Michael Dahle;
Councilmember David Scagliola; Councilmember Tim Brown; Councilmember
Allison Heyward
City City Manager Dr. Mark Browne; Assistant City Manager Brian James;
Staff. Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City
Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez
Call to Order — City Council Regular Session
Mayor Gutierrez called the regular meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and
State of Texas. (Councilmember Dahle)
Councilmember Dahle provided the opening prayer followed by the Pledges of
Allegiance to the Flags of the United States and State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez)
No announcements were provided.
*Announcements and recognitions by the City Manager (M. Browne)
No announcements or recognitions were provided.
• Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez indicated that he had a few this evening:
First, Mr. Elon Musk and Tesla Board of Directors, it is cheaper to make cars in
Texas, and we are a business friendly State. Our City is the perfect location for
consideration for any future development. Stop by and visit our community and
give us the opportunity to continue making your cars.
Other announcements were, during these uncertain times dealing with the COVID
19 virus Council has not been able to proceed as usual with our annual
proclamations. We never want to forget the important message or work these
groups are accomplishing on a daily basis. We have a few he would like to
mention and read the following into record:
Community Action Month - May 2020
Community Action has made essential contributions to individuals and families
across this Nation by creating economic opportunities and strengthening
communities. Community Action insists on community participation and
involvement ensuring that all sectors of the community have a voice and will be
heard. We appreciate the hard work and dedication to our community.
Child Abuse Prevention and Awareness Month — April
Sexual Assault Prevention & Awareness Month — April
National Crime Victim's Rights Week — April 19 -25
These three proclamations are typically recognized and read together in April, but
due to the COVID -19 and the limitation of outside visitors we are recognizing them
in this venue.
Child Abuse Prevention and Awareness Month
Each year, hundreds of thousands of children across our country suffer from abuse
and neglect, a fact that is both sobering and heart- wrenching. During National.
Child Abuse Prevention Month, we condemn this horrific depravity and reaffirm
our unwavering commitment to protecting our children and strengthening our
families.
Sexual Assault Prevention & Awareness Month
Rape, sexual assault, and sexual harassment harm our community, and statistics
show one in five women and one in 67 men will be raped at some point in their
lives. Child sexual abuse prevention must be a priority to confront the reality that
one in six boys and one in four girls will experience sexual assault before age 18.
The goal of Sexual Assault Prevention and Awareness month is to raise public
awareness about sexual violence and educate communities on how to prevent it.
National Crime Victim's Rights Week
We want to acknowledge the abuse and trauma that victims of crimes often
experience, and to recognize the tireless work of dedicated advocates who have
N
taken up the cause of supporting crime victims across our country. We wish to
express our appreciation for those who support crime victims, and we reaffirm our
strong commitment to reducing the trauma of crime for victims and their loved ones.
Municipal Clerks Week — May 3 — 9
The Municipal Clerk provides the professional link between the citizens, the local
governing bodies, and agencies of government at other levels. The Municipal
Clerks continually strive to improve the administration of the affairs of the Office of
the Municipal Clerk through participation in education programs, seminars,
workshops, and the annual meetings of their state. It is appropriate that we
recognize the accomplishments of the Office of the Municipal Clerk.
Annual Police Week - May 10 —16
From the beginning of this Nation, law enforcement officers have played an
important role in safeguarding the rights and freedoms which are guaranteed by the
Constitution and in protecting the lives and property of our citizens. It is fitting and
proper that we express our gratitude for the dedicated service and courageous deeds
of law enforcement officers for the contributions they have made to the security and
well -being of all our people.
Public Works Week — May 17 — 23
Public Works professionals focus on infrastructure, facilities, and services that are
vital to sustainable and resilient communities and to the public health, high quality
of life and well -being of communities. It is in the public interest for the citizens
and civic leaders to understand and maintain a progressive interest of the
importance of Public Works and Public Works programs.
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.
3
All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. Any person making personal, impertinent, or slanderous remarks
while addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing
policy in response to an inquiry, and /or a proposal to place the item on a future agenda.
The presiding officer, during the Hearing of Residents portion of the agenda, will call on
those persons who have signed up to speak in the order they have registered.
Mayor Gutierrez indicated that no one signed up on the sheet in the back and then
recognized City Secretary Brenda Dennis and asked if anyone had provided information
prior to the meeting. Ms. Dennis stated she had one resident email her and the following
was read into record: Mr. Hernan Orellan, no address provided, but City Secretary has
his email. He requested an Ordinance banning 5G technologies in Schertz due to 5G
omitting ultra -high frequency microwave radiation. (A copy of Mr. Orellan's email was
provided to Mayor and Council)
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request of the Mayor or a Councilmember.
The following was read into record:
1. Minutes — Consideration and /or action regarding the approval of the minutes of
the meeting of 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)
Moved by Councilmember Michael Dahle, seconded by Councilmember
Allison Heyward to approve consent agenda items 1 & 2.
AYE: Mayor Pro -Tem Mark Davis, Councilmember Rosemary Scott,
Councilmember Scott Larson, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown,
Councilmember Allison Heyward
Passed
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Discussion and Action Items
The following was read into record:
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)
Mayor Gutierrez recognized Assistant City Manager Charles Kelm who provided
a PowerPoint presentation introducing this item. Highlights included renovations
to the 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. Mr. Kelm addressed questions from Council.
Moved by Councilmember David Scagliola, seconded by Councilmember
Allison Heyward to approve Resolution No. 20 -R -50.
AYE: Mayor Pro -Tem Mark Davis, Councilmember Rosemary Scott,
Councilmember Scott Larson, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown,
Councilmember Allison Heyward
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call
vote confirmation for agenda items 1 through 3.
Li�i �=
4. Workshop Discussion regarding City Purchasing Policy - Discussion
regarding proposed changes to the City Purchasing Policy. (J. Kurz /J. Gohlke)
Mayor Gutierrez recognized Purchasing & Asset Manager Julie Gohlke who
provided a PowerPoint presentation regarding proposed policy changes to the
Purchasing Policy and addressed concerns and answered questions from Council.
The changes proposed are to align us with state law, state regulations, align us
with benchmark cities, and increased efficiency all across the city for staff and
projects moving forward. Highlights included:
Proposed Changes:
• Eliminate the need to take cumulative purchases with a single vendor
exceeding $50,000.00 for authorization.
Does not affect purchases /projects with an overall contract value exceeding
$5000 - would still require Council approval. (Reference Texas Local
Government Code - LGC 252.041)
• 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.
Rationale
• Alignment with Texas LGC 252
• Alignment with Benchmark Cities
• Increased efficiencies
Mayor Gutierrez stated it was the consensus from Council to proceed with the
policy changes.
5. 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
presentation outlining COVID -19 updates such as current cases in Schertz, City
Services, current expenses due to the virus, enforcement, our cleaning contracts,
additional openings allowed and services not allowed to reopen, and the status of
future annual events in Schertz.
Mayor Gutierrez took a moment to thank Fire Chief Long and city staff for all
their hard work on the COVID-19 pandemic and also thanked Public Affairs for
communicating updates to our residents on Facebook.
Mayor Gutierrez opened the floor to Council for discussion. Mayor Gutierrez
recognized Councilmember Rosemary Scott who provided information from her
research and urged Council to resend the Emergency Declaration, Ordinance No.
20 -H -15 due to Governor Abbott's speech on May 11 where he gave a directive to
have mandatory testing for 100% of the residents and staff in nursing homes.
With the mandatory testing in place in nursing homes, Councilmember Scott sees
no reason to keep Schertz in the state of an emergency. Councilmember Scott
gave additional statistics and data, nationally and statewide on COVID -19.
Councilmember Scott made a motion to resend Ordinance 20 -H -15.
Mayor recognized Councilmember Mark Davis who asked if the City Council of
6
the City of Schertz had, in our emergency declaration, imposed any restrictions
on any individual or business above and beyond what has been put out by the
state of Texas through the Governor's office or our three county judges. The
answer given was only solicitation. Councilmember Davis reiterated the
emergency declaration we have in place provides Schertz two things. It allows
the city to deal with enforcement at a local level and potentially recoup funding
due to the COVID -19 pandemic.
Mayor Gutierrez entertained additional questions and remarks
from Councilmembers. Fire Chief Long addressed their questions /concerns.
Mayor Gutierrez shared some information regarding federal relief funds being
given out from the federal government in Texas.
Mayor Gutierrez recognized Assistant City Manager Brian James who asked for
clarification/direction on the Fourth of July Jubilee Celebration and gave specifics
of putting on an event the magnitude of the Jubilee Celebration. The question
was posed do we cancel the event completely or do we do separate events such as
fireworks displays? The smaller annual city events such as the movies in the
parks' event were also discussed. Discussion continued with Councilmembers
providing their thoughts.
The consensus of Council is to work on possible fireworks displays in three
different locations and that the Jubilee and parade will need to be discussed
further with the staffs perspective in mind and the challenges that will be faced.
City Manager Mark Browne expressed his appreciation for Council's
concern /support for staff and stated staff would work on a modified plan and
bring their findings back to Council in two weeks at our regular council meeting.
Mayor Gutierrez stated there was a motion on the floor to resend Ordinance
20 -H -15 and asked if there was a second. Mayor Gutierrez recognized City
Attorney Daniel Santee who stated the item being discussed was not posted for
action and the motion could not be acted upon. Motion was dropped.
6. Workshop Discussion regarding the Staffing Study - Presentation of Staffing
Study Report (M. Browne /C. Kelm/J. Kurz)
Mayor Gutierrez recognized Human Resource Director Jessica Kurz who
introduced Mr. Alan Pennington with Matrix Consulting Group who provided a
PowerPoint presentation with the following highlights addressing questions from
Council:
Project Overview:
• Develop a staffing model for the City of Schertz that addresses:
- Current needs
- Future needs based upon projected growth (either in workload, population
or some combination)
• Staffing model to consider various elements including:
- Workload
- Performance
- Service delivery expectations
- Organizational structure
Project Methodologies
• Develop an understanding of the City's operating environment from
interviews and data collection.
• Develop a profile of operations to document processes, management,
staffing, and organizational structure.
• Employee survey to provide all staff opportunity for input regarding staffing
and operational issues.
• Analysis of staffing requirements to identify current and future staffing
requirements, opportunities to streamline organizational structure and
address operational requirements.
• Review of interim deliverables with staff to provide additional opportunity to
review for input and comment.
Staffing Recommendations by Department
• City Manager's Office
- Management Analyst — 2021
•EMS
- 2021— Instructor, Billing Specialist
- 2022 — Administrative Assistant
- 2025 — Asst. EMS Director, Logistics Officer, Administrative Assistant
• Engineering
- 2021— Admin. Assistant, Engineer Inspector, Engineer (2), Project
Manager
- 2023 — Engineering Inspector
- 2024 — Engineer
- 2029 - Engineer
• Finance
- 2021 — Municipal Court Deputy Clerk
- 2022 — Utility Billing Clerk
- 2024 — Municipal Court Deputy Clerk
- 2029 — Utility Billing Clerk
- 2030 — Municipal Court Deputy Clerk
• Fire
- 2021 — Deputy Fire Marshall, Captain (3), Driver/Operator (3), Firefighter
(3)
- 2022 — Emergency Management Coordinator
- 2024 — Driver/Operator (3), Firefighters (4), Lieutenants (3)
- 2029 — Driver/Operator (3), Firefighters (4), Lieutenants (3)
• Fleet
- 2021— Parts Clerk, Mechanic (2)
• GIS
- 2021 — Database/Business Analyst
• Human Resources & Purchasing
- 2021 — Purchasing Specialist
- 2025 — HR Generalist (1/2 time)
- 2030 — HR Generalist (1/2 time)
• Information Technology
- 2021 — IT Supervisor, Client Services Technician (2)
• Library
- 2021 — Admin. Asst, Library Clerk, Children's Program Clerk, Library
Asst.
- 2025 — Library Clerk
- 2030 — Library Clerk
*Parks, Recreation & Community Services
- 2021 — Maintenance Worker 1 (3)
- 2025 — Maintenance Work I
*Planning & Community Development
- 2021 — Senior Planner, Plans Examiner
- 2023 — Permit Technician
- 2026 — Senior Planner
- 2027 — Building Inspector
9
• Police
- 2021— Property /Evidence Clerk, Kennel Technician (4), Officer (2)
- 2022 — Officer (4), Detectives (2)
- 2023 — Detective Sergeant (1)
- 2024 — Officer (1), Detective (1)
- 2025 — Traffic Officer (1)
- 2026 — Officer (1)
- 2027 — Officer (1)
- 2028 — Officer (1), Detective (1)
- 2029 — Dispatch, Traffic Officer (1)
• Public Works
- 2021 — Streets Worker I (2), Streets Worker Il, Administrative Assistant
- 2025 — Streets Worker 1, Streets Worker II, Serviceman II, Serviceman I
- 2030 — Streets Worker 1, Streets Worker II, Serviceman I (2), Drainage
Worker Il, Drainage Worker
Staffing Recommendation - Summary
Staffing analysis recommends the following position over the ten -year planning
horizon:
Organizational Structure Recommendations
Several functional areas recommended for alternative organizational structure to
enhance efficiency of services or more closely align with similar services:
• Animal Control — move from Police and establish as stand -alone department.
• Code Enforcement — move from Police to Planning & Community
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Development Department.
• GIS — Merge with Information Technology
• Civic Center — Move to Parks and Recreation Department
• Fleet & Facility Services - Establish as a Division of the Public Works
Department.
Requests and Announcements
• Announcements by the City Manager.
No further announcements.
• Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests 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
• Recognition of actions by community volunteers
No announcements were provided.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
7. 2019 EMS Annual Report. (J. Mabbitt)
Mayor Gutierrez reminded Council of the informational item, agenda item 7 that
was in their packet as well as can be found on line.
Adjournment
Mayor Gutierrez announced the following before adjournment:
We celebrate Memorial Day May 25!
On this day we remember the men and women who served with faith, courage and
honor. We honor our fallen and those who sacrificed for this great country.
We remember ordinary people who truly did extraordinary actions.
We remember those who fought for life, liberty, and the pursuit of happiness.
We remember those who fought for those who could not defend themselves.
We remember the tears and blood that was shed for this country.
But most important, We remember the death of our soldiers and patriots, who fought for
our freedom.
God bless these men and women,
God bless America
God bless Texas
Mayor Gutierrez adjourned the meeting at 8:22 p.m.
Ralph Gutierrez, Mayor
ATTEST:
Brenda Dennis, City Secretary
ei Olum
City Council May 26, 2020
Meeting:
Department: Executive Team
Agenda No. 2.
Subject: Resolution No. 20 -R -53 - Consideration and /or action approving a Resolution by the
City Council of the City of Schertz, Texas approving a request for a Schertz
Main Street Local Flavor Economic Development Grant for 405 Main Street. (M.
Browne /B. James)
BACKGROUND
On March 10, 2020, City Council approved a Schertz Main Street Local Flavor Economic Development
Grant for 405 Main Street for a new beauty salon in this shopping center. The approval was for creation
of new signage for up to $748.94 with the City's 50% match being $374.47. This cost only included
creation of the sign. Per City Code a licensed sign contractor must install the sign. While the installation
cost is eligible for reimbursement, it was not included. As such this request is for approval of a grant for
installation, the cost being up to $200, with the City's match being up to 50% or $100.
l
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.
Staff recommends approval of Resolution 20 -R -53 approving Schertz Main Street Local Flavor
Economic Development Grants for up to $100.00 for 405 Main.
FISCAL IMPACT
Up to $100.00.
RECOMMENDATION
Approval of Resolution 20 -R -53.
Attachments
Res 20 R 53 405 Main LF
LF Agreement 405 Main #2 Hernandez Vidal
RESOLUTION NO. 20 -R -53
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
405 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 405 Main Street for up to $100;
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 405 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 26th day of May, 2020.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
Exhibit A
STATE OF TEXAS §
COUNTY OF BEXAR §
SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM
FUNDING AGREEMENT BETWEEN THE CITY OF
Debbie Hernandez FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS
This Local Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into
by and between the City of Schertz, Texas (CITY) and Debbie Hernandez the tenant and Randal J. and
Melissa K. Vidal (ENTITY).
WHEREAS, the ENTITY has developed a proposal to
Install signa,ge to 405 Main (the "Project "); and
WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the
governing body of a municipality to establish and provide for the administration of one or more
programs to promote state and local economic development and to stimulate business and
commercial activity in the municipality; and
WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is
intended to encourage and expansion and attract small businesses that 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, and protect and enhance the attractiveness of the Main
Street area to residents and visitors; and
WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development
Program will be provided annually through the City's General Fund; and
WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will
enhance other city efforts to improve, beautify, and promote economic development in the Main
Street area.
WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of
the community; and
WHEREAS, the City seeks to improve the image of the area around Main Street through .
restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural
and tourism hub of the City; and
WHEREAS, the City Council of the City of Schertz desires to provide funds to Debbie Hernandez
the Tenant (TENANT).
NOW, THEREFORE, it is mutually agreed by and between the CITY and TENANT as
follows:
PAGE 1 OF 5
Section 1. Purpose. The purpose of this Agreement is to provide funding to the TENANT for
the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state
and local economic development and to stimulate business and commercial activity in the municipality to
encourage and expansion and attract small businesses that 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, and protect and enhance the attractiveness of the Main Street area to residents and visitors.
Section 2. Obligation of the T E N A N T. The TENANT shall use all of the awarded funds
provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding
application, and the attached Exhibit "A ".
Section 3. Reporting Requirements of the TENANT. The TENANT shall deliver a detailed
accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the
"Post Event Report"). The Post Event Report shall include copies of receipts and other documents
establishing the expenditures for the project. The CITY shall not make reimbursements for
expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted.
Section 4. Authorization of Payment. Subject to the TENANT'S satisfactory performance and
compliance with the terms of this AGREEMENT, the CITY agrees to pay the TENANT up to fifty percent
(50 %) of the Project. The Project is estimated to be $100.00 and fifty percent of which, is capped at 374.47
for work falling within the criteria for a signage grant. Payment will be made within forty -five (45) days
of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only
expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed.
Section 5. Appeal Process. Any TENANT wishing to appeal the decision of the CITY must
present their appeal in writing within ten (10) business days of funding 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 TENANT or Project.
Section 7. Term. The AGREEMENT shall become effective as of the date entered below.
The AGREEMENT shall terminate one year from its effective date or once the terms have been met,
whichever occurs first.
Section 8. Indemnification. The ENTITY and TENANT agree to defend, indemnify and hold
harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments,
cause of action, costs and expenses for personal injury (including death), property damage or other harm
for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be
occasioned by the ENTITY and TENANT's breach of any of the terms or provisions of this AGREEMENT,
or by any negligent act or omission of the ENTITY and TENANT, its officers, agents, servants, employees,
PAGE 2 OF 5
contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity
provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the
CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent
negligence of both the ENTITY. TENANT and the CITY under Texas law and without waiving any
defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person
or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil
liability to the City of Schertz that may arise by virtue of this AGREEMENT.
Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the
other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY and
TENANT to conform to any change required by federal, state or local laws or regulations; or for the
convenience of either party. The terminating party shall provide written notification to the other party of
the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination.
A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT,
upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the
written notice in which to cure the breach to the satisfaction of the non - breaching party.
Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in
writing and shall be delivered in person or mailed as follows:
to the CITY at:
City of Schertz
Attention: City Manager
1400 Schertz Parkway
Schertz, TX 78154
(210) 619 -1000
To Randal J. and Melissa K. Vidal:
Attention: Randal Vidal
405 Main
Schertz, Texas 78154
TO: Debbie Hernandez
Attention: Debbie Hernandez
XXX
Schertz, Texas 78XXX
MISCELLANEOUS
Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the
parties regarding the subject matter contained herein. The parties may not modify or amend this
AGREEMENT, except by written agreement approved by the governing bodies of each party and duly
PAGE 3 OF 5
executed by both parties.
Section 12. Approval. This AGREEMENT has been duly and properly approved by each
party's governing body and constitutes a binding obligation on each party.
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 1.5. Paragraph. Headings. The various paragraph headings are inserted for convenience of
reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section
thereof.
Section 1.6. 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 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are
governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County,
Texas.
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 borne solely by the
ENTITY.
IN WITNESS HEREOF, the CITY and ENTITY make and execute this
AGREEMENT to be effective this day of , 2020.
CITY OF SCHERTZ, TEXAS
PAGE 4 OF 5
CITY
City Manager
TENANT
ATTEST:
(City Secretary)
ENTITY
PAGE 5 OF 5
New Signage
PAGE 6 OF 5
ei IRIUM
City Council May 26, 2020
Meeting:
Department: Executive Team
Agenda No. 3.
Subject: Resolution No. 20 -R -52 - Consideration and /or action approving a Resolution by the
City of Schertz, Texas authorizing a Re- imbursement Agreement for the costs
associated with acquiring necessary easement between the City of Schertz and the
Developer of Homestead. (M. Browne /B. James)
BACKGROUND
Since 2014, the City has been in discussions with the developer of the Homestead property on how
sewer service would be provided. This included approval of Resolution 16 -R -96 of a Subdivision
Improvement Agreement with ILF N -T Owner, LP the developer of Homestead. One of the items
covered in the agreement is sewer improvements needed to serve the project and that will serve other
properties. This agreement included cost sharing for the construction of the sewer lift station, sewer
force main and offsite sewer improvements. The agreement was subsequently amended via Resolution
18 -R -114.
The developer has been working since then to acquire necessary offsite easements. At this point, they
are waiting on signatures from one property owner and have not been able to reach agreement another
owner. These owners control multiple tracts. The developer is asking for assistance from the City to
acquire the easements as they been unsuccessful in acquiring them all.
The current agreements obligate the City to pay up to $200,525.22 for construction of the sewer lift
station and 12" force main and $125,655.30 for the offsite sanitary sewer extension. The total
reimbursement is up to $326,180.52 and does not include costs of easement acquisition. The developer
is obligated to bear the cost of easement acquisition.
In light of the developer seeking assistance from the City in acquiring the necessary easements, the City
is proposing to enter into a new agreement with the developer to require the developer to bear the cost
of the easements for the project that they are asking the City to acquire. While it appears the developer
has made significant attempts to acquire the easements they have not been able to do so. After approval
of the agreement, the City will attempt to reach agreement with the owner(s) to purchase the easements.
If unsuccessful, staff may have to request that City Council authorize the use of the use of eminent
domain.
GOAL
Provide for funding for acquisition of easements.
COMMUNITY BENEFIT
The sewer line not only serves the Homestead development, but other properties as well. The easements
are needed to construct the sewer line necessary to provide additional sewer service to areas of the City.
Approval of Resolution 20 -R -52 authorizing a reimbursement agreement between the City of Schertz
and the developer of Homestead for costs associated with the City acquiring the necessary easements.
u_ '
None. The purpose of the agreement is for the developer to bear the costs associated with the City
acquiring the necessary easements.
RECOMMENDATION
Approval of Resolution 20 -R -52.
Attachments
Res 20 -R -52
Homestead Agreement
Sewer Easement locations
RESOLUTION NO. 20 -R -52
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE
DEVELOPER OF THE HOMESTEAD SUBDIVISION PROJECT FOR
THE REIMBURSMENT OF COSTS ASSOCIATED WITH EASEMENT
ACQUISITION NECESSARY FOR PUBLIC IMPROVEMENTS.
WHEREAS, there is a lack of sewer service to serve an area of northern Schertz near the
intersection of IH -35 and Schwab road.
WHEREAS, the sewer forcemain improvements offsite sewer improvements are needed
to provide adequate sewer service to these areas and there is limited space to provide this public
infrastructure.
WHEREAS, the Developer of the Homestead Subdivision agrees to construct sewer
infrastructure of which the capacity is more than is required by the Homestead property,
WHEREAS, there is a benefit to oversizing sewer infrastructure to serve other properties,
WHEREAS, the Developer of the Homestead Subdivision has acquired some of the
easements necessary for construction of the sewer improvements, but has not been able acquire
them all, and
WHEREAS, the Developer of the Homestead Subdivision has requested the City assist in
acquiring the remaining easements,
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the Agreement with Developer for acquisition of the easement necessary for the construction of
Public Improvement in order to provide the infrastructure to serve other properties outside the
boundary of the proposed Homestead Subdivision plat.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the
agreement with Developer for easement acquisition associate with construction of Public
Improvement with ILF N -T Owner, LP for infrastructure that will serve properties outside of the
Homestead Subdivision and to defer construction of public improvements, generally in the form
attached, subject to changes approved by the City Manager and City Attorney.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 26th day of May, 2020.
City Secretary, Brenda Dennis
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
Mayor, Ralph Gutierrez
After Recording, Please Return To:
Denton Navarro Rocha Bernal & Zech,
P.C.
2517 N. Main Avenue
San Antonio, Texas 7821.2
Attention: T. Daniel Santee
STATE OF TEXAS
§
§ KNOW ALL PERSONS BY THESE
PRESENTS:
COUNTY OF COMAL
§
IMPROVEMENT AGREEMENT
HOMESTEAD SUBDIVISION — PUBLIC IMPROVEMENTS EASEMENT
ACQUISITION REIMBURSEMENT
This IMPROVEMENT AGREEMENT (the "Agreement ") is by and between ILF
N -T Owner, LP, a Delaware limited partnership (the "Owner "), and the CITY OF
SCHERTZ, a Texas municipal corporation (the "City "), and is effective upon the execution
of this Agreement by the Owner and the City (the "Effective Date ").
WHEREAS, the Owner is the owner of that certain real property located in the City
of Schertz, Comal County, Texas, and Guadalupe County, Texas, more specifically
described on Exhibit A , attached hereto and made a part hereof for all purposes (the
"Pro ez " or "Subdivision ");
WHEREAS, the Owner seeks to continue to develop the Property and such
development requires the construction of certain public improvements: and
WHEREAS, there is a lack of sewer service to an area of northern Schertz near the
intersection of IH -35 and Schwab Road; and,
WHEREAS, the sewer forcemain improvements offsite sewer improvements are
needed to provide adequate sewer service to these areas and there is limited space to
provide this public infrastructure; and
WHEREAS, the Owner agrees to construct sewer infrastructure of which the
capacity is more than is required by the Homestead property; and
WHEREAS, there is a benefit to oversizing sewer infrastructure to serve other
properties; and
WHEREAS, the Owner has acquired some of the easements necessary for
construction of the sewer improvements, but has not been able acquire them all, and
WHEREAS, the City finds that it is in the best interest of the City to enter into the
Agreement with the Owner for acquisition of the easement necessary for the construction
of Public Improvement in order to provide the infrastructure to serve other properties
outside the boundary of the proposed Homestead Subdivision plat:
NOW THEREFORE, in consideration of the agreements set forth herein and for
other reciprocal good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and stipulated by the Parties, the Owner and the City agree as
follows:
1. Ownership of the PropertX. The Owner hereby represents and warrants that,
as of the Effective Date, it has not conveyed, assigned, or transferred all or any portion of
its interest in the Property to any other person or entity (any such person or entity referred
to herein as "Purchaser "), nor is it a party to any contract or other understanding to do so
that is not subject to this Agreement.
2. Acquisition of Easements; Covenants. The Owner and the City covenant
and agree to the following:
a) The Owner is obligated by Section 21.12.1.0 of the City's Unified
Development Code to construct, or cause to be constructed, sewer
improvements.
b) Construction of the sewer improvements requires acquisition of offsite
easements and the Owner is required to bear the cost of easement
acquisition. The Owner has not been able to acquire all of the necessary
easements and has sought the City's assistance in acquiring the remaining
easements see Exhibit B . The Owner agrees to reimburse the City for all
costs associated with acquiring the easements, including but not limited to
the acquisition price and attorney's fees. The Owner shall pay the City the
amount required to purchase the easements in advance of the City closing
on the purchase.
3. Approval of Agreement. The City has approved the execution and delivery
of this Agreement pursuant to Section 21.4.15(C.)(2.) of the City's Unified Development
Code, and the Owner represents and warrants that it has taken all necessary action to
authorize its execution and delivery of this Agreement.
4. Governmental. Immunity. The City does not waive or relinquish any
immunity or defense on behalf of itself, its officers, employees, Councilmembers, and
agents as a result of the execution of this Agreement and the performance of the covenants
and actions contained herein.
5. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, representatives,
successors, and assigns, and the terms hereof shall run with the Property.
6. Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same document.
All counterparts shall be construed together and shall constitute one and the same
Agreement.
7. Inte agr tion. This Agreement is the complete agreement between the parties
as to the subject matter hereof and cannot be varied except by the written agreement of the
Owner and the City. The Owner and the City each agrees that there are no oral agreements,
understandings, representations or warranties which are not expressly set forth herein.
8. Notices. Any notice or communication required or permitted hereunder
shall be deemed to be delivered three (3) days after such notice is deposited in the United
States mail, postage fully prepaid, registered or certified mail return receipt requested, and
addressed to the intended recipient at the address shown herein. Any address for notice
may be changed by written notice delivered as provided herein. All notices hereunder shall
be in writing and served as follows:
If to the Owner:
ILF N -T Owner, LP, a Delaware limited partnership
500 Boylston Street, Suite 2010
Boston, MA 02116
Attention: Mr. Jesse Baker, Authorized Signatory
If to the City:
CITY OF SCHERTZ
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
With copy to:
Denton Navarro Rocha Bernal & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: T. Daniel Santee
9. Legal Construction. If any provision in this Agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain
among the parties, such unenforceability will not affect any other provision hereof, and this
Agreement will be construed as if the unenforceable provision had never been a part of this
Agreement. Whenever the context requires, the singular will include the plural and neuter
include the masculine or feminine gender, and vice versa. Article and section headings in
this Agreement are for reference only and are not intended to restrict or define the text of
any section. This Agreement will not be construed more or less favorably between the
parties by reason of authorship or origin of language.
10. Recitals; Exhibits. Any recitals in this Agreement are represented by the
parties hereto to be accurate, constitute a part of the parties' substantive agreement, and are
fully incorporated herein as matters of contract and not mere recitals. Further, any exhibits
to this Agreement are incorporated herein as matters of contract and not mere exhibits.
11. No Joint Venture. It is acknowledged and agreed by the parties that the
terms hereof are not intended to, and shall not be deemed to, create a partnership or joint
venture among the parties.
1.2. Choice of Law. This Agreement will be construed under the laws of the
State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in
the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising
out of or construing the terms and provisions of this Agreement. No provision of this
Agreement shall constitute consent by suit by any party.
[ Signatures and acknowledgments on the following pages]
Signature Page to
Improvement Agreement
This Improvement Agreement has been executed by the parties as of the dates of
the Acknowledgments to be effective as of the Effective Date.
Owner:
ILF N -T OWNER, LP, A DELAWARE
LIMITED PARTNERSHIP
By:
Name:
Title:
Date:
COUNTY OF
This instrument was acknowledged before me on the day of , 2020 by
, the of ILF N -T Owner, LP on behalf of
said limited partnership.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
Signature Page to
Improvement Agreement
This Improvement Agreement has been executed by the parties as of the dates of
the Acknowledgments to be effective as of the Effective Date.
City:
CITY OF SCHERTZ,
a Texas municipal corporation
IC
Name: Mark Browne, City Manager
Date:
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of , 2020 by
Mark Browne, City Manager of the City of Schertz, Texas, a Texas municipal corporation,
on behalf of said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
EXHIBIT A
The Property
Legal Metes and Bounds
and
Master Plan
[See attached]
EXHIBIT B
The Easements
[See attached]
ei 1011W
City Council May 26, 2020
Meeting:
Department: Purchasing & Asset Management
Agenda No. 4.
Subject: Resolution No. 20 -R -54 - Consideration and /or action approving a Resolution by the
City Council of the City of Schertz adopting a revised purchasing policy and
other matters in connection therewith. (C. Kelm /J. Gohlke)
On May 12, 2020, the Purchasing Department presented a workshop to Council outlining proposed
revisions to the Purchasing Policy to align with State Local Government Code. These recommendations
included the removal of the requirement to bring cumulative purchases over $50k with a single vendor
to council for authorization and the increase of the small dollar purchasing authority from $1000 to
$3000.
These changes have now been made to the written policy, and we are seeking Council to adopt the
revised purchasing policy in order to repeal any previous resolutions contradicting the revised policies.
GOAL
To implement a revised purchasing policy bringing the City into alignment with Local Government
Code.
COMMUNITY BENEFIT
The revised purchasing policy will increase efficiencies for Staff and reduce delays to projects.
SUMMARY OF RECOMMENDED ACTION
Staff recommends council approve Resolution 20 -R -54.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends council approve Resolution 20 -R -54.
Attachments
Resolution 20 -R -54
Purchasing Policy
RESOLUTION NO. 20 -R -54
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ADOPTING THE PURCHASING POLICY AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City adopt a revised purchasing policy aligning City Policy with Local Government Code; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve these polices attached hereto as Exhibit A; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby approves the Purchasing Policy set forth as
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 26th day of May 2020.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1
EXHIBIT A
AGREEMENT
50234811.1 A -1
G�
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I a, IIIIIIIIIii''119
4
Revised May 13, 2020
Imp
TABLE OF CONTENTS
1. INTRODUCTION ............................................................................... ..............................3
2. ROLE OF THE PURCHASING DEPARTMENT .......................... ..............................3
3. PROCUREMENT STANDARDS ..................................................... ..............................4
4. PROCUREMENT AUTHORITY ..................................................... ..............................6
5. PURCHASING THRESHOLDS ....................................................... ..............................6
6. EXEMPT PURCHASING FUNCTIONS ......................................... ..............................9
7. EQUIPMENT AND VEHICLE PURCHASES ............................... .............................11
8. PETTY CASH PURCHASES ........................................................... .............................it
9. SPECIAL PROCEDURES FOR PUBLIC SAFETY SPECIFIC ITEMS .................11
10. INSURANCE REQUIREMENTS .................................................... .............................12
11. FIXED ASSETS ................................................................................. .............................12
12. SURPLUS ........................................................................................... .............................12
13. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF
BUSINESS........................................................................................... .............................12
ATTACHMENTS
B. SOURCING STRATEGY ................................................................. .............................14
C. CITY STANDARD INSURANCE REQUIREMENTS ................... .............................15
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The purpose of this policy is to establish and describe the basic procurement philosophy and
processes under which the City of Schertz ( "the City ") operates. This established procurement
framework provides for the planned and consistent approach of cost - effectively obtaining the
necessary goods and services required to operate City departments in order to maintain service at
appropriate levels. Additionally, the policy outlines the consistent and ethical processes and
procedures that will demonstrate the City's commitment to procuring goods and services in a fair,
transparent, effective and legally compliant manner. The processes used to procure goods and
services should always provide the best value (price and quality) for the City, while providing an
open and fair process for vendors.
This policy will apply to all procurements funded by the City of Schertz, bond funds, and other
funds unless specifically exempted by applicable law or by City policy. The exceptions are limited
to items listed in Section 7, as well as certain professional services, real property, and leases that,
because of their nature, are not conducive to normal purchasing routine. These procurements shall
be made under the direction of the City Manager or designee.
This policy is effective immediately upon issuance, and supersedes all previous purchasing policy
instructions or directives.
2. ROLE OF THE PURCHASING DEPARTMENT
The Purchasing Department is charged with the overall responsibility for issuing solicitations and
negotiating with sources on matters relating to price, delivery, vendor selection and execution of
contracts in accordance with the City Policy, State of Texas Statutes, and applicable Federal
government requirements. The Purchasing Department will provide the initial contact point for
directors, managers, staff, suppliers, consultants, and the public interested in information on the
City's activities. It will oversee and supervise the issuance, receipt, and opening of all offers and
proposals that are submitted relative to the purchase of equipment, materials, supplies, and surplus
disposal. The Purchasing Department shall maintain purchase history information files, as well as
documentation of all transactions. The Purchasing Department will participate in negotiations,
where appropriate, with user departments, project managers, consultants or contractors relative to
specifications and contractual responsibilities. This will facilitate the thorough understanding and
preparation of specifications or contract terms and conditions. The Purchasing Department will
participate with user departments in establishing clear, concise, nonrestrictive specifications and
instructions to be utilized in procurement. City consultants and/or project managers, when
conducting the "request for quote" or bid processes, shall coordinate with the Purchasing
Department for all approvals to bid, advertisements and bid opening dates, as well as resulting
purchase orders or contracts. The Purchasing Department shall promote and maintain good vendor,
inter- departmental and community relationships.
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3. PROCUREMENT STANDARDS
a. Ethics:
The City shall maintain the best possible relationship with all vendors. The goodwill of
sources and the reputation of the City will be promoted by:
i. .Keeping competition fair and open.
ii. Maintaining consistent procurement policies and principles.
iii. Observing strict truthfulness in all transactions and correspondence.
iv. Respecting the confidence of sales personnel and their companies as to
confidential or proprietary information, as well as being scrupulous about
maintaining the highest level of business ethics when dealing with sources and
City departments.
b. Conflicts of Interest:
i. Affiliates (e.g., business concerns, organizations or individuals) and employees
of the City are prohibited from submitting offers for or participating in any
contract for City purchases from which they would financially benefit, directly
or indirectly. No affiliate or employee of the City shall seek to influence in any
manner the award of a contract or purchase of a product or service from any
vendor. Affiliates and employees must immediately disclose to the City of any
silent partnership, proprietorship, employment, relationship or other
involvement in a prospective contract or procurement.
ii. Acceptance of gifts by employees from sources or potential sources at any time
is strictly prohibited, except for that which would be defined as de minimus by
the Internal Revenue Service (IRS). Employees must not accept any gifts that
create an obligation to any source and shall not conclude any transaction from
which they benefit, directly or indirectly. City employees are not to participate
in any type of extravagant entertainment with a supplier, customer, consultant,
or contractor. These restrictions do not include entertainment such as business
meals, company sponsored dinners, etc., which are customary and proper under
the circumstances, as long as they are consistent with good business ethics and
do not place the recipient under an obligation of any kind.
Employees may not solicit or accept gratuities such as any type of
compensation, contribution, emolument, offer of employment, loan, reward,
rebate, gift, money, lodging, service, or "other thing of value," except as
specifically outlined in this section.
iii. Employees who do not comply with this policy may be subject to disciplinary
action in accordance with the City's Discipline policy.
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c. Purchasing Department Personnel:
When potential conflict with an existing procurement regulation is suspected, or legal
assistance is advisable, it is the responsibility of the Purchasing Department to notify the
Department, Project Manager, Assistant City Manager, and /or City Manager.
d. City Employees:
All City employees are required to file a City of Schertz Conflict of Interest Form with the
Purchasing Department if any family member is conducting, will conduct, or plans to
conduct business with the City of Schertz. The form will be filled out annually (once a
year) and filed with the Purchasing Department no later than October 1 of each year in
which the family member begins discussions, correspondence, negotiations, submits an
application or responds to a bid or proposal.
e. Contractors:
A person or business, and their agents, who contract with the City or who seek to contract
with the City are required by Texas Local Government Code, Chapter 176, to file a
conflicts disclosure questionnaire (Form CIQ) created by the Texas Ethics Commission
which is available online at www.ethics.state.tx.us. The form must be filed with the City
no later than seven (7) days after the date the person or business begins contract discussions
or negotiations with the City, or submits an application, response to a request for proposals
or bids, correspondence, or other writing related to a potential agreement with the city.
Such person and businesses, and their agents, must also file an updated questionnaire not
later than September 1 of each year in which the person or business begins contract
discussions or negotiations with the City, or submits an application, response to a request
for proposals or bids, correspondence, or other writing related to a potential agreement with
the City and within seven (7) days after the date of an event that would make a filed
questionnaire incomplete or inaccurate. An updated, complete questionnaire is not required
if the person or business filed a questionnaire or updated questionnaire after June 1 but
before September 1.
Effective January 1, 2016, pursuant to House Bill 1.295 passed by the 84th Texas
Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules
released by the Texas Ethics Commission (TEC), all contracts with private business entities
requiring approval by the Schertz City Council will require the on -line completion of Form
1295 "Certificate of Interested Parties." Form 1.295 is also required for any and all contract
amendments, extensions or renewals. Contractors are required to complete and file
electronically with the Texas Ethics Commission using the online filing application.
L Elected and Appointed Officials:
Elected and appointed officials are required to file with the Purchasing Department the
state - mandated Conflicts Disclosure Statement as enumerated below:
i. Officers of the City and its boards and commissions (including the Economic
Development Corporation) must file a "conflicts disclosure statement" (Form
CIS) with the Purchasing Department within seven days of becoming aware of:
1. The officer or a family member of the officer has an employment or
business relationship that results in taxable income with a person who
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has executed a contract with the City or with whom the City is
considering doing business; or
2. The officer or a family member of the officer has accepted one or more
gifts (other than food, lodging, transportation, or entertainment) with an
aggregate value of $250 in the preceding 12 months from a person who
has executed a contract with the City or who is being considered for
business with the City.
3. A family member is defined as a person related to another person within
the first degree by consanguinity (blood) or affinity (marriage) which
includes a spouse, father, mother, son, daughter, father -in -law, mother -
in -law, etc.
4. The conflicts disclosure statement (Form CIS) has been created by the
Texas Ethics Commission and is available online at
www.ethics.state.tx.us. Failure to disclose information is a Class C
misdemeanor punishable by a fine not to exceed $500.
4. PROCUREMENT AUTHORITY
The City Manager or one of the City Manager's Designees has authority to approve procurements
in the amount of $49,999.99 or less provided these expenditures are part of the City's budget and
do not require a budget transfer.
Contracts for the purchase of goods and services involving an expenditure of $50,000 or greater
require the approval of the City Council, whether or not the purchase has been obtained through a
competitive bidding or RFP procedure. Council will approve all contract awards or reject all bids,
if a contract will not be awarded following a formal solicitation.
5. PURCHASING THRESHOLDS
a. Purchases Less Than $3,000
Department head or designee may exercise discretion regarding the procurement of
goods or services less than $3,000. Competitive quotations, formal bidding or a bid
tabulation sheet are not required, but competition is recommended. The Department
Head or designee must initiate and approve the purchase order prior to actual
purchase, unless the purchase is being made in accordance with the approved Credit
Card Policy or when making the purchase from a vendor with an approved City
Account as referenced in Addendum A of the Credit Card Policy.
b. Purchases Greater Than $3,000 But Less Than $25,000
User departments are responsible for obtaining a minimum of three informal
telephone, email, fax or online quotes for goods or services when the total estimated
cost is within the $3,000 to $24,999.99 range with exceptions as authorized by this
policy. The quotes must be documented on a bid tabulation sheet and filed with
purchase order documentation.
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Procurement of services in an amount less than $25,000 will generally be
accomplished with a Purchase Order (PO).
For all purchases greater than $3,000 but less than $25,000, staff must obtain quotes
from at least two (2) Historically Underutilized Businesses (HUB) located in
Guadalupe County on a rotating basis. If a HUB cannot be identified, the City is
exempt from this requirement.
c. Purchases Greater Than $24,999.99 But Less Than $50,000
User departments are responsible for obtaining a minimum of three informal written .
quotes for goods or services when the total estimated cost is within the $25,000 to
$49,999.99 range with exceptions as authorized by this policy. The quotes must be
documented on a bid tabulation sheet and filed with purchase order documentation.
Procurement of services in an amount greater than $25,000 will require a written
contract prepared by the Purchasing Department.
For all purchases greater than $24,999.99 but less than $50,000, staff must obtain .
quotes from at least two (2) Historically Underutilized Businesses (HUB) located
in Guadalupe County on a rotating basis. If a HUB cannot be identified, the City is
exempt from this requirement.
d. Purchases Greater Than $50,000
The Texas Local Government Code requires either competitive bidding or
competitive Requests for Proposals ( "RFP ") for City purchases exceeding
$50,000.00 with few exceptions. City employees are prohibited from making
"separate, sequential, or component purchases to avoid the competitive bidding
requirements ". A violation of these prohibitions is a Class B misdemeanor
($1,000 fine and /or 180 days in jail), and conviction resulting in immediate
removal from office or employment and ineligibility for other public office or
employment for four (4) years after the date of conviction.
Departments shall consult with the Purchasing Department on the proper
procurement process to obtain goods and services greater than $50,000.
Detailed specifications and statements of work (SOW) will be developed by the
Department, in consultation with the Purchasing Department. The Purchasing
Department will coordinate all formal solicitations, in accordance with State of
Texas and local statutes. Component orders or contracts, each less than $50,000,
but which in the aggregate exceed that amount, and which reasonably should be
included in the one order or contract shall not be used to avoid the prohibition of
Statutes.
All Purchases $50,000 or greater require approval by City Council and the
Purchasing Office prior to processing. The approved resolution number should be
included in the Purchase Order notes.
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HIGH TECHNOLOGY PURCHASES: "High technology item" means a
service, equipment, or good of a highly technical nature, including:
a. data processing equipment and software and firmware used in conjunction
with data processing equipment;
b. telecommunications, radio, and microwave systems;
c. electronic distributed control systems, including building energy
management systems; and
d. technical services related to those items.
High technology purchases will be accomplished using a RFP process where the
anticipated expense is in excess of $50,000.00. The Texas Local Government Code
requires that the relative importance of price and other evaluation factors be
specified in the RFP. All RFP's will be prepared in cooperation with the User
Department, Information Technology and the Purchasing Department.
PROFESSIONAL SERVICES: "Professional Services" are those services which
involve mental or intellectual skills, usually accompanied by formal certification or
licensing by a state agency, such as accounting, architecture, land surveying,
engineering, medicine, real estate appraisal services. Section 2254 of the
Government Code prohibits the purchase of professional services using competitive
bidding requirements. User departments will select professional service consultants
on the basis of demonstrated competence and qualifications, and will negotiate fees
on the basis of what is fair and reasonable for the type of services, rather than on a
"low bid" basis. Except for architect, engineer and surveyor services as discussed
below, both price and qualifications can be considered in selecting consultants.
For the professional services listed above involving an anticipated expenditure of
more than $50,000, user departments are encouraged to use a formal solicitation
process in coordination with the Purchasing Department but it is not mandatory.
ARCHITECTS /ENGINEERS /SURVEYORS: Procurement of architectural,
engineering or surveying services is two -step process. The first step involves the
initial selection of the most highly qualified provider of the services based on
demonstrated competence and qualifications (and not considering price); and the
second step involves negotiation of a fee with the selected provider at a fair and
reasonable price. If a contract cannot be successfully negotiated with the most
highly qualified provider of services, then the contract negotiations will be formally
ended and negotiations with the second most qualified provider may be undertaken,
and so forth. It is important to keep in mind that price may not be considered in the
initial selection of an engineer, architect or surveyor.
CONTRACT AMENDMENTS: All contract amendments will be approved by
the City Council if the contract was originally approved by the City Council, or if
amendment amount will take the total contract value above $50,000.
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ALTERNATIVE PROJECT DELIVERY METHODS FOR
CONSTRUCTION PROJECTS: The alternatives to the basic competitive
bidding model of construction procurement are best -value competitive bidding,
competitive sealed proposals, design - build, construction management- agent,
construction management at -risk, and job order contracting.
Alternative project delivery methods, as defined in the Local. Government Code,
Chapter 271, Subchapter H, may be used as applicable.
6. EXEMPT PURCHASING FUNCTIONS
State law provides few exemptions from competitive bidding requirements. The City
encourages the use of making certain exempt purchases using an RFP procedure even though
such a procedure may not be required under state law.
a. Emergency Purchases:
Emergency purchases are those procurements necessary due to public calamity, to
act at once to relieve the hardship of the citizens or to preserve the property of the
City, to preserve or protect the public health or safety of the citizens, or when it is
due to unforeseen damage to public property, machinery, or equipment.
When emergency procurement of materials or services is required, the
Department Head will consult with the Purchasing Department and obtain
approval from the Assistant City Manager prior to any procurement
action.
ii. If an Assistant City Manager is not available, the Department Head will
obtain only those materials or services absolutely critical to restore or re-
establish essential City services. The Department Head must advise the
Purchasing Department and the Assistant City Manager of these actions
as soon as possible.
iii. With approval by the City Manager or one of the City Manager's
Designees, specific procurements ($50,000 or more) may be outside the
sealed bid process in the event of an emergency. The Purchasing
Department must be notified of the emergency situation as soon as
possible.
iv. Staff will seek and obtain approval of the City Council for emergency
procurements in excess of $50,000 as soon as possible.
V. In the event of a declared local state of disaster or public health
emergency, as authorized by City of Schertz Charter and Ordinance No.
00 -M -36, please refer to the disaster purchasing policies included in the
City's Emergency Management Plan, Annex M. — Resource Management.
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b. Sole Source Purchases:
State laws allow for a limited exemption from competitive bidding for the purchase
of goods where the functional requirements of the City can be satisfied by only one
source.
This applies to purchases where competition is precluded such as:
The existence of patents, copyrights, secret processes or natural
monopolies;
ii. The purchase of films, manuscripts or books; purchases of gas, water,
and other utility services; and
iii. The purchase of captive replacement parts or components for equipment.
A product is eligible for sole source purchase only when there is a significant
functional difference between the product and other similar products on the market,
and when the item is available only from one vendor. The following are not
sufficient justifications for a sole source purchase:
A product is made by only one manufacturer, if products from other
manufacturers are available that perform a similar function.
ii. A particular name brand of product is preferred over other brands.
iii. Only one local vendor offers a product, if other vendors who offer the
product can meet the City's needs.
All requests for sole source purchase require a sole source justification form be
completed and approved by the Purchasing Department prior to any procurement
action.
c. Cooperative Purchasing:
The City may enter into cooperative buying agreements with other local
government agencies in accordance with the State of Texas Interlocal Cooperation.
Act of 1971. Use of co -ops should be coordinated through the Purchasing
Department. When co -ops are used, bids are not required. However, employees are
expected to use due diligence to ensure best value for the City. Cursory checks
should be completed to ensure that cooperative pricing is competitive and in line
with market value. An approved purchase order referencing the Group Purchasing
Cooperative Contract and Contract Number is required before any purchase can be
finalized.
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d. Exempt Purchases:
Local Government Code Chapter 252.022 expressly exempts certain purchases
from competitive procurement requirements. Purchases made under this exemption
do not require formal consent of the City Council. The following are considered
exempt:
(l) a procurement made because of a public calamity that requires the immediate
appropriation of money to relieve the necessity of the municipality's residents or to
preserve the property of the municipality;
(2) a procurement necessary to preserve or protect the public health or safety of the
municipality's residents;
(3) a procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
(4) a procurement for personal, professional, or planning services;
(5) a procurement for work that is performed and paid for by the day as the work
progresses;
(6) a purchase of land or a right -of -way;
(7) a procurement of items that are available from only one source
(8) a purchase of rare books, papers, and other library materials for a public library;
(9) paving drainage, street widening, and other public improvements, or related
matters, if at least one -third of the cost is to be paid by or through special
assessments levied on property that will benefit from the improvements;
(10) a public improvement project, already in progress, authorized by the voters of
the municipality, for which there is a deficiency of funds for completing the project
in accordance with the plans and purposes authorized by the voters;
(11) a payment under a contract by which a developer participates in the
construction of a public improvement as provided by Subchapter C, Chapter 212;
(12) personal property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
(C) by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
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(D) under an interlocal contract for cooperative purchasing administered
by a regional planning commission established under Chapter 391;
(13) services performed by blind or severely disabled persons;
(14) goods purchased by a municipality for subsequent retail sale by the
municipality;
(15) electricity; or
(1.6) advertising, other than legal notices.
7. EQUIPMENT AND VEHICLE PURCHASES
a. All equipment and vehicle purchases will be coordinated through the Fleet
Department. Once the Fleet Department has approved the specifications, the
Purchasing Office will coordinate the bidding process and issue the Purchase Order.
b. Vehicle purchase, receipt and outfitting must be processed through Fleet and the
Purchasing Department to ensure proper operation, registration, vehicle markings,
and insurance requirements are met. This applies to all vehicles regardless of which
Department or funding source made the purchase.
c. All vehicles shall be delivered to the Fleet Department. Fleet will not release the
vehicle until all requirements are met.
8. PETTY CASH PURCHASES:
a. Petty cash maybe used for emergency acquisition of supplies and/or services when
the vendor will not accept a purchase order or procurement card. It is also used for
attendance at luncheons, meetings, etc., where "cash only" is the normal method of
payment.
b. No item purchased with petty cash funds may exceed $100.
c. All petty cash purchases must be supported with a receipt and written justification
for the purchase.
d. Individuals authorized to maintain petty cash accounts can get their accounts
replenished by submitting a Purchase Order and attaching all relevant receipts as
back -up to the Finance Department.
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9. SPECIAL PROCEDURES FOR PUBLIC SAFETY SPECIFIC ITEMS:
a. Any items that require special licensing to order, including but not limited to such
items as medical supplies, medicines, firearms and ammunition, chemicals, etc.,
will be ordered by an authorized individual in the department.
b. The person who holds a valid license to make such purchases must still coordinate
with the Purchasing Department to ensure the best source of procurement.
c. After the Purchasing Department has determined the best source of procurement,
the license holder will prepare the appropriate purchase order, in accordance with
this policy.
10. INSURANCE REQUIREMENTS:
The City may require certain insurance coverage to be provided by contractors, vendors and
consultants. In general, if a service is being provided on City property, proof of insurance is
required. Specific insurance requirements are incorporated into bid documents and
specifications for each bid, proposal, or "request for purchase." Insurance requirements are
reviewed periodically to determine the appropriateness of coverage and values.
11. FIXED ASSETS
The City is responsible for keeping records of all of its fixed assets. All new assets which have
an original cost of $5,000 or more and an estimated life span of greater than one (1) year are
fixed assets and will be added to the fixed assets records. All duties and responsibilities related
to fixed assets inventory records are supervised by the Purchasing Department. Cooperation .
from department directors and division managers throughout the City is necessary if the system
is to work; however, this effort is centrally organized, monitored, and reported by the
Purchasing Department staff. Departments should submit a copy of the Purchase Order for a
Fixed Asset to the :Purchasing Department.
12. SURPLUS
Individual Departments must contact the Purchasing Department for assistance with asset
disposal. Surplus items will only be accepted with the proper forms and with advance notice
and approval by the Purchasing Department. The Purchasing Department will determine if an
item is surplus or salvage property.
13. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF
BUSINESS
For purchases of $50,000 and over, where competitive sealed bids are used, a bid received
from a bidder whose principal place of business is located within the City limits may be
approved if the bid is within 3% of the lowest bid price received from a bidder outside the City
limits, provided that said bid meets all qualifications and specifications and provides the best
value to the City.
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COMMUNITY
SERVICE
OPPOFITUNITY
ATTACHMENT A
MM=,-.
14
Dept Head & ACM
Approve PO, Place
Order w/ Vendor
Dept Head & ACM
Approve FO, Place
Order w/ Vendor
Dept Head & ACM
Approve PO, Place
Order w/ Vendor
Is it
Dept Head Approves
Under $3,x[}0
Budgeted?
PO, Place Order w/
Vendor
Between $3,000
Is it
Get 3 Quotes
(incl. HUB
Dept Head &ACM
All Items Over
$5,000 Must Be
and $24,999.99
Budgeted?
Vendors), Create
pp A rove PO. Place
Added to Fixed
Order w/ Vendor
PO
Assets
What is the Between
Is it
Get 3 Written
Services: Contact
Complete
Purchase $25,000 and
Budgeted?
Quotes (incl. HUB
Purchasin for
g
Contract Approval
Amount? $49,999-99
Vendors), Create PO
Contract
Form if required
Re uireents
Is it
Contact Purchasing
Complete
$50,000 or More
Budgeted?
for Assistance.
Rewires City
Contract Approval
pp
Requires Formal Bid
Council Approval
pp
Form if required
Construction,
Is it
Contact
May Requir e City
Complete
Remodel Work &
Budgeted`
Purchasing far
Council Approval
Contract A royal
Pp
Bond Projects
Assistance
Form if required
14
Dept Head & ACM
Approve PO, Place
Order w/ Vendor
Dept Head & ACM
Approve FO, Place
Order w/ Vendor
Dept Head & ACM
Approve PO, Place
Order w/ Vendor
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ATTACHMENT B
Sourcing Strategy
Identifying a need properly is important; however, determining how best to meet that need is of
equal importance. Needs can be met by a multitude of sources.
These basic classifications are:
o Insourcing: process of completing a business function in- house.
o Outsourcing: process of contracting out a business function to an external entity.
o Multi- sourcing: a strategy that distributes a function such as IT or Finance, as a portfolio of
activities, some of which are performed internally and some of which are external.
In order to determine if a service should be insourced, outsourced, or multi- sourced, the following
criteria should be considered:
o Efficiency of cost vs value;
o Effectiveness in meeting the need;
o Expertise needed to solve the problem;
o Workload timing of insourced staff availability;
o Workload volume of insourced staff to continue to provide service;
o Scaiability of the solution to adjust to demand; and
o Mandated compliance requirements.
A Case for Insourcing:
There are several sources of solutions for needs that are not currently met by the City. Some may be
derived internally. For a short -term need such as a storm damage cleanup of fallen trees, this can be
accomplished by one of two means, temporary reassignment of staff or increase in the hours worked.
Both have costs to the City; however, the short-term nature of the need does not require an extended
cost commitment on departments if personnel and equipment resources are available. Long -term needs,
however, may require a different approach.
A Case for Outsourcing:
For example, instead of storm damage cleanup of trees, City properties may have suffered a blight such
as oak wilt. The mitigation would require extended specialized and technical capability to handle such
a situation. In this case, the time committed to such a project might stretch in -house resources beyond
the ability to effectively combat the issue. The City may hire additional staff to confront the issue
however, after the issue is resolved, additional staff would require a long -term commitment of financial
and administrative resources. This need could effectively be outsourced to a firm with the specialized
technical skills and equipment to quickly and professional mitigate the issue. After the project is
complete, the expenditure commitment is ended.
Contact the Purchasing Department for assistance with sourcing.
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ATTACHMENT C
Standard Insurance Requirements
Worker's Compensation*
Statutory
Employer's Liability
$ 1,000,000 /$1,000,000 /$1,000,000
Commercial General (Public) Liability
For Bodily Injury and Property Damage of
insurance to include coverage for the following:
$1,000,000 per occurrence.
a. Premises Operations
$2,000,000 General Aggregate, or its equivalent
b. Independent Contractors **
in Umbrella or Excess Liability Coverage
c. Products /Completed Operations
d. Personal Injury
e. Contractual Liability
Business Automobile Liability
Combined Single Limit for Bodily Injury and
a. Owned /Leased Vehicles
property Damage of $1,000,000 per occurrence
b. Non -owned Vehicles
c. Hired Vehicles
Professional Liability (Claims Made Form)
$1,000,000 per claim to pay on behalf of the
insured all sums, which the insured shall become
legally obligated to pay as damages to the extent
caused by any negligent act, error, or omission in
the performance of professional services.
*Alternate Plans must be approved by CITY'S Risk Manager
* *If applicable
All insurance policies are to contain or be endorsed to contain the following required provisions:
- The City of Schertz shall be named as an additional insured with respect to General Liability
and Automobile Liability (not applicable to workers' compensation and professional liability
policies);
- A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers
Compensation and all liability policies;
- All insurance policies, which name The City of Schertz as an additional insured, must be
endorsed to read as primary and non - contributory coverage regardless of the application of
otherinsurance.
- All insurance policies shall be endorsed to the effect that The City of Schertz will receive at
least thirty (30) days written notice prior to cancellation or non - renewal of the insurance.
Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above
endorsements cannot be on the certificate of insurance. Separate endorsements must be provided
for each of the above.
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City Council May 26, 2020
Meeting:
Department: Emergency Medical Services
Agenda No. 5.
Subject: Resolution No. 20 -R -49 - Consideration and /or action approving a Resolution by the
City Council of Schertz, Texas authorizing EMS Charity Care adjustments and
other matters in connection therewith. (C. Kelm /J. Mabbitt)
On August 27, 2019, City Council approved the Schertz EMS Charity Care Policy. Approving the
Charity Care Policy benefits our citizens who do not have insurance and do not have the ability to pay
for ambulance services. In the past, these accounts were sent to collections and written off throughout
the year with little expectation to recover any revenue.
GOAL
The City has been participating in the Texas Ambulance Services Supplemental Payment Program
(TASPP) since 2015. This program reimbursed the City for losses incurred when providing services to
patients who have Medicaid and the uninsured. Beginning on October 1, 2019, this program moved
away from reimbursing uninsured and Medicaid patients and is only reimbursing based on charity care.
The City will apply for reimbursement for a portion charity care write -offs in FY 20 beginning in FY
21.
COMMUNITY BENEFIT
Our charity care policy benefits those who cannot afford ambulance services and having a Charity Care
Policy allows the City to apply for reimbursement for a portion of those funds that are written off.
SUMMARY OF RECOMMENDED ACTION
N/A
FISCAL IMPACT
119 accounts for a total of $143,539.00 will be written off based on the EMS Charity Care Policy. It is
estimated that EMS will be eligible for reimbursements up to $100,000 in FY21 for all the predicted
accounts written off.
Call Originated In Total Amount
Schertz (57 accounts) $64,487
San Antonio (1 accounts) $1,738
Cibolo (13 accounts) $17,016
Universal City (20 accounts) $27,432
New Braunfels (4 accounts) $6,098
Live Oak (11 accounts)
$12,406
Converse (1 accounts)
$1,266
Marion (2 accounts)
$3,684
Selma (6 accounts)
$6,072
UCC /Garden Ridge (4 accounts)
$3,340
$143,539
Staff recommends City Council approve Resolution 20 -R -49
Attachments
Resolution 20 -R -49
Schertz EMS Billing Policy
RESOLUTION NO. 20 -R -49
A RESOLUTION BY THE CITY COUNCIL
SCHERTZ, TEXAS AUTHORIZING EMS
ADJUSTMENTS AND OTHER MATTERS
THEREWITH.
OF THE CITY OF
CHARITY CARE
IN CONNECTION
WHEREAS, the City of Schertz EMS provides ambulance services to the City of Schertz
and other surrounding communities and emergency services districts; and
WHEREAS, The City of Schertz EMS has been participating in the Texas Ambulance
Services Supplemental Payment Program (TASSPP) since 2015; and
WHEREAS, The Centers for Medicare and Medicaid Services requires a charity care
policy to continue participating in TASSPP; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
have a charity care policy; and
WHEREAS, the City staff has recommended that the City maintain biannual charity
care adjustments for accounts meeting the Schertz EMS Charity Care Policy.
C • C • � �� 111111 ill • 1112Q111111111 1 ' mulsm
THAT:
Section 1. The City Council hereby authorizes the charity care write off for 1.19
accounts in the amount of $143,539.00.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
502348111 A -I
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
50234811.1 A -2
PASSED AND ADOPTED, this 26th day of May, 2020.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1 A-3
Schertz EMS Billing Policy
Schertz EMS is committed to providing the best care to patients in the cities that we serve. Our fees
include a base charge for the transport and a mileage fee. These fees are approved annually by Schertz
City Council. Schertz EMS accepts assignment from all third -party payers. We will make every attempt to
bill and collect from the patient's insurance company. Medicare, Medicaid and most commercial
insurance cover ambulance transportation that is medically necessary. Insurance companies pay claims
based on the type of coverage each individual policy provides. Schertz EMS does not have contracts with
insurance companies; therefore we do not waive the unpaid portion of the bill which includes the co -pay,
co- insurance or the deductible.
Fees
Response Services
Insured
Aid Call
$ 200.00
Air Medical Assist Call
$ 700.00
BLS Non- Emergency
$1,090.00
BLS Emergency
$1,210.00
ALS Non - Emergency
$1,230.00
ALS Emergency No Specialty Care
$1,440.00
ALS Emergency W \ Specialty Care
$1,600.00
Mileage, per mile
$ 20.00
Passport to Care Subscription Program
Oftentimes insurance companies deny payment for specific services or will only cover a portion of the
fees actually billed. In order to offset the cost of ambulance service charges, Schertz EMS offers an
opportunity of enrollment in our ambulance subscription program. For a nominal annual fee per year, per
household, subscribers will be covered from out of pocket expenses such as deductibles and co- payments
or from services not covered by insurance companies.
Passport to Care Subscription Rates
1
Insured
Not Insured
Single
$50.00
$65.00
Family
$60.00
$75.00
1
CHARITY CARE POLICY:
The City of Schertz EMS Department may provide healthcare services to patients without the expectation
of reimbursement (charity care services) if the patient meets the charity care guidelines below, and is
determined to be eligible to be a charity care patient. Charity care services do not include bad debt,
payment shortfall(s), insurance allowances, courtesy allowances, or reductions given to patients who do
not meet the provider's charity care policy or financial assistance policy.
Charity care services become effective as of October 1, 2019, and will only be available as long as the State
of Texas provides reimbursement for charity care services through the Texas Ambulance Services
Supplemental Payment Program /Medicaid 1115 Waiver, or similar means of reimbursement.
The City of Schertz EMS Department may change the charity care determination criteria under Section 2.
11. on a regular basis and will maintain the current criteria.
CHARITY CARE POLICY GUIDELINES:
1. The City of Schertz EMS Department must determine each patient's ability to pay for the ambulance
services provided before classifying the patient as a charity care patient. If the patient does not have the
ability to pay for the ambulance services, the City of Schertz EMS Department may determine the patient
as a charity care patient.
To determine a patient's ability to pay, the City of Schertz EMS Department shall:
1. gather patient information during and /or after the services are provided, as applicable given the
patient's condition. This may include the issuance of one or more requests for information with
the patient to obtain information necessary for the City of Schertz EMS Department to determine
the patient's ability to pay for the ambulance services provided. During communication with a
patient, the City of Schertz EMS Department shall include information about its charity care
services;
II. undertake an insurance discovery process to identify if the patient has third party insurance
including Medicaid, Medicare, or other forms of insurance; and,
III. undertake reasonable collections efforts to verify and /or yield essential information about the
ability of the patient to pay for the ambulance services provided.
2. The City of Schertz EMS Department may classify the patient as a charity care patient if the following
occur:
I. The current revenue cycle process results in one or more of the following:
a. the patient does not provide evidence of insurability, or the City of Schertz EMS Department is
unable to obtain information from the patient during the requests for information in 1. I. within
a 30 -day period. The lack of a response by the patient may be considered an affirmation that the
2
patient does not have third party insurance and does not have the ability to pay for the ambulance
services provided;
b. the insurance discovery process in 1. 11. determines that the patient does not have a third party
insurance product that will pay for the ambulance services provided. The lack of insurance or
having an insurance product that does not pay for ambulance service may be considered by the
City of Schertz EMS Department as a determinant that the patient does not have third party
insurance and does not have the ability to pay for the ambulance services provided; or,
c. the collections effort in 1. III. results in no payment, or minimal payment, from the patient over a
30 -day period. Receiving no payment or minimal payment from the patient may be considered by
the City of Schertz EMS Department as a determinant that the patient does not have third party
insurance and does not have the ability to pay for the ambulance services provided;
11. The payment predictor model indicates that a patient does not have a high likelihood of payment
as identified by the following classifications:
a. results indicate a low, medium, or non - classified designation
1) low designation results are identified as "L" (red)
2) medium designation results are identified as "M" (yellow)
3) non - classified designation results are identified as "NC" (red) and indicates that there is
insufficient patient information to adequately determine likelihood of payment, thus
indicating a low likelihood of payment
3. The City of Schertz EMS Department may also classify the patient as a charity patient if:
I. The service to an insured patient is denied by the insurance provider as not covered;
11. The City of Schertz EMS Department is notified that the patient has been granted charity care by
the sending or receiving hospital; or,
III. The City of Schertz EMS Department is notified that the patient is deceased and there are no
additional remedy options that may be pursued.
4. Once the City of Schertz EMS Department determines the patient is a charity care patient, the City of
Schertz EMS Department will make no further attempts to collect from the patient.
5. The ambulance services provided to the charity care patient shall be valued at 100% of the net cost of
providing those services by the City of Schertz EMS Department.
3
Payment Plans
Schertz EMS will accept payment plans if the need arises. A minimum of $25 per month will be accepted
on a case by case basis. Payment plans will be setup with the EMS Billing Department.
Prompt Payment Reduction
A prompt payment reduction of 25% will be offered to those who receive an invoice, after insurance
applies payment, and make payment in full within 30 days of the invoice date.
Collection Agency
Patients will be sent to collections after 105 days of non - payment or non - response. The collection agency
will attempt to collect the debt with an additional 30% fee included with the amount owed.
Billing Adjustments
Bills of homeless patients who we cannot locate and deceased patients who do not have insurance or
estates from which to recover EMS charges will be adjusted based on the charity care policy. Insurance
and attorney requests for adjustments will be on a case by case basis.
4
ei Olum
City Council May 26, 2020
Meeting:
Department: Facility & Fleet
Agenda No. 6.
Subject: Resolution No. 20 -R -51 - Consideration and /or action approving a Resolution by the
City Council of the City of Schertz, Texas authorizing the City Manager to enter
into a contract agreement with Lou Jon Construction Company Inc.for the
Public Safety buildings restrooms renovation project and other matters in
connection therewith. (C. Kelm /T. Buckingham)
Fleet and Facility Services worked with Purchasing to send out an RFP to provide construction services
for the remodel of the locker rooms. A number of the showers are leaking into the buildings and
therefore are not being used. Likewise, toilet partitions are patched together and counter top area is out
of code and showing its age.
This action is in line with Facility Services long term approach to provide safe, functioning, quality
facilities to the City of Schertz personnel. One of the ways Facility Services plans to do this is by using
outside contractors to handle larger projects that require a more concentrated and larger work effort than
is available in house. This contract is in line with this approach and is part of the approved expanded
project for FY 2019 -2020.
Lou Jon Construction Services won the RFP with the highest score and a cost of $224,075. Lou Jon has
performed well on other projects this Fiscal Year in total of $22,556.55. With the nature of remodeling
projects and the time remaining in this year, it is requested that contractual relations with Lou Jon not
exceed $299,000.00 for the FY 2019 -2020.
The contract with Lou Jon Construction Services will be $224,075.00 for the remodel of the locker
rooms at Police Station 1, Fire Station 1, and EMS Station 1
GOAL
To obtain authorization from City Council to enter into a contractual agreement with Lou Jon for the
remodel of the locker rooms at Police Station 1, Fire Station 1, and EMS Station 1.
COMMUNITY BENEFIT
Having fully functioning facilities is a high priority for the City's Emergency Services. With the current
health and safety codes properly functioning buildings are an asset. The benefit to the citizenry is
tangible in the service that the Police, Fire and EMS provide.
SUMMARY OF RECOMMENDED ACTION
Staff recommends that Council approves resolution 20 -R -51.
FISCAL IMPACT
Funds are budgeted and available.
RECOMMENDATION
Staff recommends that Council approves resolution 20 -R -51.
Attachments
Resolution 20 -R -51
Lou Jon Agreement
Bid Tabulation
Photos
RESOLUTION NO. 20 -R -51
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT AGREEMENT WITH LOU JON CONSTRUCTION
COMPANY INC. FOR THE PUBLIC SAFTEY BUILDINGS RESTROOM
RENOVATION PROJECT AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City of Schertz (the "City ") has identified buildings 6, 7, and 8, at 1400
Schertz Parkway for the renovation of their restrooms; 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 Lou Jon Construction Company Inc. as the firm that
is both qualified and provides the best value to the City; and
WHEREAS, City has dedicated Facility Services budgeted funds for the completion of
this project. The contract amount for Lou Jon Construction Company Ins. is $224,075; and
WHEREAS, the City will enter into contractual relationships with Lou Jon Construction
Company in an amount not to exceed $299,000.00 for the 2019 -2020 Fiscal Year.
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 Lou Jon Construction Company Inc.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 26th day of May 2020
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50664954.1 - 2 -
CITY OF SCHERTZ
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz,
Texas, (the "City ") a Texas municipality, and Lou Jon Construction Co. Inc ( "Contractor ").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and shall
remain in effect until satisfactory completion of the Scope of Work unless terminated as provided
for in this Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of Work
attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes
the "Project ".
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent Contractor or
when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation
(A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein.
(B) Billing Period. The Contractor may submit an invoice for payment upon completion of the
described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
CITY OF SCHERTZ PAGE 1
Lou Jon Construction Co. Inc Service Agreement
Section 4. Time of Completion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and conforming work done by Contractor prior to
the time of termination.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years.
Contractor shall provide evidence of such insurance to the City. Such documentation shall meet
the requirements noted in Exhibit B.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employers liability insurance meeting the requirements of
the State of Texas on all the Contractor's employees carrying out the work involved in this
contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, general liability insurance on a per occurrence basis with limits of liability not less
than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage,
coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations,
Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or
any person from injury or property damages sustained by reason of the Contractor or its employees
carrying out the work involved in this Agreement. The general aggregate shall be no less than
$2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily
injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage
shall include all owned, hired, and non -owned motor vehicles used in the performance of this
contract by the Contractor or its employees.
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the
Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable
insurance company licensed to do business in the State of Texas and currently rated "B +" or better
by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a
"claims made" form.
Evidence of such insurance shall be attached as Exhibit "C ".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
CITY OF SCHERTZ PAGE 2
Lou Jon Construction Co. Inc Service Agreement
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable Scope
of Work. The approval or acquiescence of the City in the subletting of any work shall not
relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts,
administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Contractor shall furnish the City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent
contractor of the City and is not an employee, agent, official or representative of the City.
Contractor shall not represent, either expressly or through implication, that Contractor is an
employee, agent, official or representative of the City. Income taxes, self - employment taxes,
social security taxes and the like are the sole responsibility of the Contractor.
(D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the work
to be provided to the City under this Agreement. Contractor further agrees that Contractor
shall not accept any gift, bonus, commission, money, or other consideration from any person
(other than from the City pursuant to this Agreement) for any of the Work performed by
Contractor under or related to this Agreement. If any such gift, bonus, commission, money,
or other consideration is received by or offered to Contractor, Contractor shall immediately
report that fact to the City and, at the sole option of the City, the City may elect to accept the
consideration for itself or to take the value of such consideration as a credit against the
compensation otherwise owing to Contractor under or pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control .
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms or
below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or
regulations or actions by governmental authorities), the time for such performance shall be
extended by the amount of time of such delay, but no longer than the amount of time
reasonably occasioned by the delay. The party claiming delay of performance as a result of
any of the foregoing force majeure events shall deliver written notice of the commencement
of any such delay resulting from such force majeure event not later than seven (7) days after
the claiming party becomes aware of the same, and if the claiming party fails to so notify the
CITY OF SCHERTZ PAGE 3
Lou Jon Construction Co. Inc Service Agreement
other party of the occurrence of a force majeure event causing such delay and the other party
shall not otherwise be aware of such force majeure event, the claiming party shall not be
entitled to avail itself of the provisions for the extension of performance contained in this
subsection.
(F) Conflict of Terms.
Scope of work:
In the case of any conflicts between the terms of this Agreement within the Scope of Work,
this Agreement shall govern. The Scope of Work is intended to detail the technical scope of
Work, fee schedule, and contract time only and shall not dictate Agreement terms.
Other Agreements between parties:
In the case of any conflicts between the terms of this Agreement and wording contained within
any other attachment, amendment, and agreement executed between the parties in conjunction
with this Agreement, this Agreement shall govern.
(G) Non - Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code,
Contractor certifies that either (1) it meets an exemption criterion under Section 2270.002; or
(ii) it does not boycott Israel and will not boycott Israel during the term of the contract
resulting from this solicitation. Contractor shall state any facts that make it exempt from the
boycott certification as an attachment to this agreement.
Relevant definitions from the bill:
"Company" means a for - profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority -owned subsidiary, parent company,
or affiliate of those entities or business associations that exists to make a profit.
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli - controlled territory, but does not include an action made for ordinary business
purposes.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than five (5) days written notice
CITY OF SCIIERTZ PAGE 4
Lou Jon Construction Co. Inc Service Agreement
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS
PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
(BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE
ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written notice
of such change is actually received by the other party, the last address of such party designated for
notice shall remain such party's address for notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the prior
written consent of the other party.
CITY OF SCHERTZ PAGE 5
Lou Jon Construction Co. Inc Service Agreement
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving parry's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
Section 13. Governing Law; Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed
in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action
arising out of this Agreement shall be in Guadalupe County, Texas.
Section 14. Paragraph Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties
have participated in the negotiation and preparation of this Agreement and this Agreement shall
not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
gender, and words in the singular number shall be held and construed to include the plural, unless
the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits & Attachments
All exhibits and attachments to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
CITY OF SCHERTZ PAGE 6
Lou Jon Construction Co. Inc Service Agreement
Section 19. Entire Agreement
It is understood and agreed that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements or understandings between the parties
relating to the subject matter. No oral understandings, statements, promises or inducements
contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated
orally.
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or of joint venture or
of any association whatsoever between the parties, it being expressly understood and agreed that
no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed
to create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Right To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to
the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books
and records will be maintained in accordance with generally accepted principles of accounting and
will be adequate to enable determination of: (1) the substantiation and accuracy of any payments
required to be made under this Agreement; and (2) compliance with the provisions of this
Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied
party shall give notice to that effect to the other party whereupon each parry shall appoint a person
having authority over the activities of the respective parties who shall promptly meet, in person,
in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then
the parties shall each appoint a person from the highest tier of managerial responsibility within
each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business RelationshipslAffiliations; Conflict of Interest
Questionnaire
Contractor represents that it is in compliance with the applicable filing and disclosure requirements
of Chapter 1.76 of the Texas Local. Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas
Ethics Commission (TEC), all contracts with private business entities requiring approval by the
Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested
Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals.
CITY OF SCHERTZ PAGE 7
Lou Jon Construction Co. Inc Service Agreement
Contractors are required to complete and file electronically with the Texas Ethics Commission
using the online filing application.
Please visit the State of Texas Ethics Commission website,
httsa{/ www.ethics,state.tx,us /whatsnew /elf info rml295.htm and
https-//www.ethics..state,tx.us/tec/1295.-Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
CITY OF SCHERTZ PAGE 8
Lou Jon Construction Co. Inc Service Agreement
EXECUTED on this the day of
CITY:
,20 .
CONTRACTOR:
By: By:
Name: Dr. Mark Browne Name:
Title: City Manager Title:
ADDRESS FOR NOTICE:
CITY:
City of Schertz
Attn: Dr. Mark Brown, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
CONTRACTOR:
Lou Jon Construction Co Inc
1150 N. Loop 1604 W #108 -611
San Antonio, Texas 78248
eric @loujon.net
CITY OF SCHERTZ PAGE 9
Lou Jon Construction Co. Inc Service Agreement
Exhibit "A"
•' 101 K"', •'
Scope of Work
Contractor shall provide all equipment, supplies, and personnel needed to
refinish the six (6) restroom and shower areas in the following Public Safety
Buildings located at 1400 Schertz Parkway, Schertz, Texas 78154:
Police Department - Building 6
Fire Department Station 1 — Building 8
EMS Station 1 — Building 7
1.1 Renovations in all buildings shall include, but not limited to:
• New finishes thru -out to include floor tile, wall tile, paint, toilet partitions,
counters, sinks, faucets at sinks and showers, mirrors, and toilet seats.
• Ceiling is 8- 9'AFF.
• Tile for the floor shall be regular 2" x 2" tile, color TBD
• Tile for the wall shall be 4" x 4 ", color TBD
• Paint shall be semi -gloss and include a primer coat and two (2) coats of color,
color TBD
• Toilet Partitions shall be phenolic. The lay out shall match existing layout.
• Contractor shall confirm layout is ADA compliant
• Counter tops shall be solid surface or granite
• Sinks shall be stainless, under mount
• Faucets shall be chrome, Chicago with lever handles for sink.
• Sink and Shower must be ADA compliant
• Ceiling is drywall, patch as needed
• Toilet Seats shall be matched to existing equipment
• Showers will need new backer board with fluid applied sealer and joint
treatment, new pans, and full waterproof treatment
1.2 Renovations specific to Police Department shall include, but not limited to:
• Enlargement of the shower area.
• Demolition of a four (4) foot wall
• Fill in ceiling
1.3 Renovations specific to EMS Station 1 shall include, but not limited to:
• Keep two (2) showers
• Change wall lay out to remove and cut in two (2) doors, remove sixteen (16)
feet of wall and replace with eight (8) feet of wall
CITY OF SCIIERTZ PAGE 10
Lou Jon Construction Co. Inc Service Agreement
• Repair ceiling
• Move one (1) shower head and faucet including the demolition of one (1)
shower head and faucet and capping one (1) shower drain.
1.4 Renovations specific to Fire Department Station 1 shall include, but not
limited to:
No additional work is required outside the standard.
1.5 Work to be performed by City in conjunction with Contractor
• Lights shall be replaced by City Staff with LED bulbs (work done under
separate permit by the City of Schertz)
• All electric work will be performed by City Staff
Pricing for Services
Proposer shall include in Proposal a turnkey cost proposal for each aspect of the
project.
Police Department Renovation $87,575.00
EMS Renovation $71,720.00
Fire Department Renovation $64,750.00
Total Project Cost $224,075.00
Project Completion Schedule
Proposer shall include in days, the amount of time it will take to complete each
phase of the project
Police Department Renovation 30 Days
EMS Renovation
Fire Department Renovation
Total Project
CITY OF SCHERTZ
Lou Jon Construction Co. Inc Service Agreement
30 Days
30 Days
90 Days
PAGE 11
Exhibit "B"
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the
minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by
the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the
Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct,
or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies
as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non - renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary
and non - contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements
cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B +.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates
of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain
provisions representing and warranting all endorsements and insurance coverages according to requirements and
instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements
shall be sent to:
City of Schertz
Purchasing Department
1400 Schertz Parkway
Schertz, TX 78154
CITY OF SCFIERTZ
Lou Jon Construction Co. Inc Service Agreement
emailed to: purchasin gschertz.com
Faxed to: 210 - 61.9 -1.169
PAGE 12
CITY OF SCIIERTZ PAGE 13
Lou Jon Construction Co. Inc Service Agreement
(Instructions for completing and submitting a certificate to the City of Schertz)
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in
the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor
Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived.
1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract
and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non - Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of
Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based
on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCFIERTZ PAGE 14
Lou Jon Construction Co. Inc Service Agreement
Exhibit "C"
CITY OF SCHERTZ PAGE 15
Lou Jon Construction Co. Inc Service Agreement
mm/RFP# 2020*0 EVALUATION SUMMARY
Project Name: Restroom Renovation Date:
|wSTRVcr|OwS' Enter a number 0 through 4 for each category for each proposer.You may use 0.25 increments if necessary.
o= Not Compliant, 1 =Poo,. o=Fair, a=Good, 4=Excellent
Financial Consideration (Cost Proposal) 40 $155,208.47
40.00
$302,532.00
$249,595.50
$224,075.00
$259,106.53
20.52
24.87
27.71
23.96
Proposer's Qualifications, Abilities and References 30 1.20
9.00
2.40
1.80
3.90
3.60
18.00
13.50
29.25
27.00
Quality of Proposed Services 25 1.20
1.40
3.00
3.60
3.40
$64,780.00
$224,075.00
Structura General Contractors
$96,213.04
Responsive Of Proposal 5 1.60
1.40
3.00
3.80
3.40
49.02
60.87
84.21
76.46
(Lowest Price / Evaluated Price) * Pts for Section
VENDOR
PD
EMS
Fire
Total
All Pro General Construction Inc
$46,856.25
$49,456.56
$58,895.66
$155,208.47
Crownhill Builders
$117,302.00
$101,576.00
$83,654.00
$302,532.00
Lone Star Home Solutions
$93,136.50
$82,386.00
$74,073.00
$249,595.50
Lou Jon Construction
$87,575.00
$71,720.00
$64,780.00
$224,075.00
Structura General Contractors
$96,213.04
$82,493.741
$80,399.75
$259,106.53
ei IZIUM
City Council May 26, 2020
Meeting:
Department: Fire Department
Agenda No. 7.
Subject: Ordinance No. 20 -H -18 - Consideration and /or action approving an Ordinance of the
City Council of the City of Schertz to supersede Ordinance 20 -11-15; extending a
Declaration of Local Disaster; Restricting certain activities; establishing penalties
for violations; providing an effective date and declaring an emergency; First and
Final Reading. (M. Browne /K. Long)
On March 11, 2020, the World Health Organization declared that the COVID -19 outbreak should be
characterized as a pandemic. On March 13, 2020, Greg Abbott, the Governor of the State of Texas
issued a proclamation that declared COVID -19 as an imminent threat of disaster. On or around March
15, 2020, the Center for Disease Control and Prevention (CDC) issued revised guidance regarding
social distancing and mass gatherings of 10 or more people.
City staff and personnel continue to work with the state, federal, local authorities and our emergency
management team to pay close attention to the federal government's response to the Coronavirus issue.
The City has taken measures to close /cancel facilities and events through April 5, 2020. The city has
canceled all non - essential boards and commission meetings as well as any City sponsored social events
and activities through this time as well.
We believe that limiting staff interaction with the public is crucial at this point, and as such, effective
immediately, the lobby doors at all City facilities except the Police Department. Building 1, aka City
Hall, will be closed but the drive through window will continue to be open. Notices of closures have
been placed on City related buildings.
On Friday, March 20, 2020, Mayor Gutierrez proclaimed and signed a Declaration of Public Health
Emergency to be effective at 11:59 p.m. and until March 27, 2020, for the City of Schertz. The purpose
of this Ordinance is to be able to extend the Declaration of Public Health Emergency for 60 days.
On Tuesday, March 24, 2020, Mayor and City Council passed an Ordinance extending a Declaration of
Public Health Emergency to be effective at 1.1:59 p.m. and until. April 14, 2020. Also, at this meeting it
was discussed by Council to have this item placed on future agendas for discussion and possible actions.
The Mayor has made a Declaration of Public Health Emergency, and further declared all rules and
regulations that may inhibit or prevent prompt response to this threat suspended for the duration of the
incident. The local state of disaster and public health emergency declared by Mayor Ralph Gutierrez for
the City of Schertz, Texas, pursuant to §418.108(a) of the Texas Government Code and renewed and
extended to May 5, 2020 at 1.1:59 p.m. by City Council Ordinance 20 -H -09 pursuant to §418.1.08(b) of
the Government Code, including all rules and regulation attached hereto as Exhibit A, is hereby further
extended until May 5, 2020.
On Monday, April 27, 2020 the Governor spoke and provide updates regarding the re- openings of retail
businesses. On April 28th Mayor Gutierrez presented and Council passed Ordinance No. 20 -H -15
which extended the declaration of Public Health Emergency until 11:59 p.m. May 26, 2020.
GOAL
Is to decrease the spread of the virus throughout our Community and slow transmission as much as
possible.To keep all citizens safe and reduce the transmission of the virus. In addition, having a disaster
declaration in place provides more clarity in the reimbursement process. This also allows our local
businesses and citizens to become eligible for additional programs as they become available.
COMMUNITY BENEFIT
To keep all citizens safe and reduce the transmission of the virus.
0 10 1F.11,31KII 2 t 101/ 10113 1 OX.M61 0 11301
Council will discuss and make any possible changes to the current Ordinance amending the Rules and
Regulations for the duration of the disaster; restricting certain activities; establishing penalties for
violations; providing an effective date and declaring an emergency.
FISCAL IMPACT
Unknown at this time.
Council will discuss and make any possible changes to the current Ordinance.
Attachments
20 -H -18
Ordinance No. 20 -H -18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ TO
SUPERSEDE ORDINANCE 20 -H -15; EXTENDING A DECLARATION OF LOCAL
DISASTER; RESTRICTING CERTAIN ACTIVITIES; ESTABLISHING PENALTIES
FOR VIOLATIONS. PROVIDING AN EFFECTIVE DATE AND DECLARING AN
EMERGENCY; FIRST AND FINAL READING
WHEREAS, in December 2019 . a novel coronavirus, now designated COVID -1.9, was detected
in Wuhan City, Hubei Province, China. Symptoms of COVID -19 include fever, cough, and
shortness of breath. Outcomes have ranged from mild to severe illness, and in some cases death;
and
WHEREAS, on January 20, 2020, the World Health Organization (WHO) Director General
declared the outbreak of COVID -19 as a Public Health Emergency of International. Concern
(PHEIC), advising countries to prepare for the containment, detection, isolation and case
management, contact tracing and prevention of onward spread of the disease; and
WHEREAS, on March 13, 2020, President Trump declared a state of emergency due to
COVID- 19; and
WHEREAS, President Trump has invoked the Stafford Act, which will allow state and
local governments to access federal disaster relief funds; and
WHEREAS, the Governor of Texas, issued a disaster proclamation on March 13, 2020,
certifying that COVID -19 poses an imminent threat of disaster for counties in the state of
Texas; and
WHEREAS, the Texas Department of State Health Services has now determined that, as
of March 19, 2020, COVID- 19 represents a public health disaster within the meaning of
Chapter 81 of the Texas Health and Safety Code; and
ilium
WHEREAS, the crisis that is now a pandemic has infected 4,805,430 people around the
world resulting in 318,554 deaths, with 1,537,830 cases confirmed in the United States: and
WHEREAS, on March 31, 2020 Governor Abbott issued GA-14 superseding local
Governor authority invoked under Chapter 418 of the Government Code, and Chapter 81 and 122 of
the - .r to the pandemic;
WHEREAS, also on April 17, 2020, Governor Abbott issued Executive Order GA -16 to
replace Executive Order GA- 14, and while Executive Order GA- 16 generally continued
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
and the continued gradual reopening of Texas pursuant to GA -18- GA -23 and subsequent
orders of the Governor; and
WHEREAS, pursuant to the Texas Disaster Act of 1975, the Mayor is designated as the
Emergency Management Director of the City of Schertz, and may exercise the powers
granted by the governor on an appropriate local scale; and
WHEREAS, Ralph Gutierrez, the .Mayor of the City of Schertz previously determined and
declared that extraordinary and immediate measures must be taken to respond quickly, prevent
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;
WHEREAS, a declaration of local disaster and public health emergency includes the ability to
reduce the possibility of exposure to disease, control the risk, promote health, compel persons to
undergo additional health measures that prevent or control the spread of disease, including
isolation, surveillance, quarantine, or placement of persons under public health observation,
including the provision of temporary housing or emergency shelters for persons misplaced or
evacuated and request assistance from the governor of state resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
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 of the judgment and findings of the City Council.
Section 2. That the local state of disaster and public health emergency declared by Mayor
Ralph Gutierrez for the City of Schertz, Texas, pursuant to §418.108(a) of the
Texas Government Code and renewed and extended to May 26, 2020 at 11:59 p.m.
by City Council Ordinance 20 -1-1-15 pursuant to §418.108(b) of the Government
Code, including all rules and regulations, is hereby further amended and extended
until June 23, 2020 at 11:59 p.m.
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 to §41.8.1.08(d) of 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. All ordinances or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters
herein except those portions deemed to conflict with any emergency orders of
Governor Abbott.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless
be valid, and the City Council hereby declares that this Ordinance would have been
enacted without such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place,
and subject matter of the public business to be considered at such meeting,
including this Ordinance, was given, all as required by Chapter 551, Texas
Government Code, as amended.
Section 9. Should Governor Abbott lift the statewide disaster declaration and orders now in
place prior to the date of expiration stated herein, this ordinance shall no longer be
subject to enforcement by the City and shall be repealed by the City Council at the
first legally posted meeting thereafter.
Section 10. Any person, firm, corporation or agent who shall violate a provision of this
ordinance, or fail to comply therewith, or with any other requirements thereof, shall
be guilty of a Class C misdemeanor. Such person shall be considered guilty of a
separate offense for each and every day or portion thereof during which any
violation of any of the provisions of this article is committed or continued, and
upon conviction of any such violation, such person shall be punished by a fine not
to exceed $2,000.00..
Section 11. Any peace officer or other person with lawful authority is further authorized to
enforce the provisions of this Ordinance or the orders of the Governor in
accordance with the authority granted under the Texas Disaster Act of 1975, as
applicable, which allows a fine not to exceed $1.000.00 and confinement not to
exceed 180 days pursuant to Government Code 418.173.
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 26th DAY
OF MAY 2020.
CITY OF SCHERTZ, TEXAS
0
ATTEST:
Brenda Dennis, City Secretary
Ralph Gutierrez, Mayor
Agenda No. 8.
ei Olum
City Council May 26, 2020
Meeting:
Department: Engineering
Subject: Update on the Street Preservation and Maintenance /Rehabilitation Efforts
(B. James /J. Nowak)
Staff will provide a presentation to update Council on the recent Street Preservation and
Maintenance /Rehabilitation (SPAM) efforts.