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10-26-2021 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL October 26, 2021 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively s a team Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro -tem Dahle) Presentations • Fire Prevention Poster Contest Winners. (C. Kelm/K. Long) 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) October 26, 2021 City Council Agenda Page 1 Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existingpolicy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of October 12, 2021. (B. Dennis) 2, Ordinance No. 21 -T -46 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal year 2021 -2022 budget to provide funding for an agreement with M &S Engineering for Design, Bid, and Construction Phase professional services for the Civic Center HVAC Replacement Project and authorizing the execution of the agreement, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. (Final Reading) (C. Kelm /S. Williams /S. McClelland) 3 Resolution 21 -R -118 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving and authorizing an easement with Centerpoint Energy Resource Corp. on the City of Schertz Animal Adoption Center property, and other matters in connection therewith. (C. Kelm/S. Williams /S. McClelland) Resolution No. 21 -R -119 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing approval of the Guadalupe Appraisal District (G.A.D.) Facility Parking Lot Expansion. (M. Browne) 5 Appointments and Resignations to the Various City Boards, Commissions and Committees - Consideration and/or action appointing Mr. Shawn Moore as a Regular Member to the Parks and Recreation Advisory Board and moving Mrs. Jaime Acevedo to the Alternate 1 Position. (B. Dennis /Council) October 26, 2021 City Council Agenda Page 2 Resolution 21 -R -115 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement with the Alamo Area Council of Governments to receive federal funding for the Schertz Area Senior Center Congregate Meal Program. (B. James /L. Shrum) ']. Ordinance No. 21 -S -42 - Consider and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone 1.373 acres of land from Pre - Development District (PRE) to Single - Family Residential/ Agricultural. District (RA), generally located 750 feet east of the intersection between Trainer Hale Road and FM 1518, 9049 Trainer Hale Road, also known as Bexar County Property Identification Number 310238, City of Schertz, Bexar County, Texas. (Final Reading) (B. James /L. Wood/M. Harrison) g Ordinance No. 21 -S -43 - Consider and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 45 acres of land from General Business District (GB) to Manufacturing Light District (M -1), generally located approximately 1,300 feet east of Friesenhahn Lane and 450 feet north of IH -35 access road, also known as Comal County Property Identification. Numbers 1501.66 & 81285, City of Schertz, Comal County, Texas. (Final Reading) (B. James /L. Wood /M. Harrison) Discussion and Action Items 9. Ordinance No. 21 -S -44 - Consideration and or /action to approve an Ordinance by the City Council of the City of Schertz, Texas to amend the Schertz Code of Ordinances, Unified Development Code (UDC), Article 5, Subsection 21.5.8 Permitted Use Table, to add "Aggregate Extraction ". (Final Reading) (B. James /L. Wood /M. Harrison) Roll Call Vote Confirmation Workshop 10. Discussion regarding Cut -De -Sac widths in the UDC Section 21.14.1 - Streets E. (C. Kelm /K. Long /B. Boney) Closed Session 11. City Council will meet in Closed Session under Section 551.071 of the Texas Government Code, Consultation with Attorney to receive legal advice related to utility relocation associated with the FM1518 project. 12. City Council will meet in Closed Session under Section 551.072 of the Texas Government Code, regarding the purchase, sale, exchange or lease of real property in support of City Water and Wastewater Services in Northern Schertz. October 26, 2021 City Council Agenda Page 3 Reconvene into Regular Session 11A. Take any action based on discussions held in closed session under Agenda Item 11. 12A. Take any action based on discussions held in closed session under Agenda Item 1.2. Roll Call Vote Confirmation Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations 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 OCTOBER 2021 AT 3:15 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. MUSINSTUM I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BOARD BULLETIN ON DAY OF 2021. 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. October 26, 2021 City Council Agenda Page 4 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. ,KENNEN11[U 1►/ 111 aIaW:11\1711I:11 LITOMMU164 M►1►4IOL411K`! Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Schertz Animal Services Advisory Commission Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation TIRZ II Board Interview Committee for Boards and Commissions TIRZ II Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Animal Advisory Commission Main Street Committee Audit Committee Schertz- Seguin Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee October 26, 2021 City Council Agenda Page 5 ei 10UM City Council October 26, 2021 Meeting: Agenda No. 1. Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of October 12, 2021. (B. Dennis) The City Council held a Regular City Council meeting on October 12, 2021. RECOMMENDATION Recommend Approval. Attachments 10 -12 -2021 Draft Min DRAFT MINUTES REGULAR MEETING October 12, 2021 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 12, 2021, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Michael. Dahle; Councilmember Mark Davis; Councilmember Rosemary Scott; Councilmember Jill Whittaker; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff. Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary Sheila Edmondson; Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Whittaker) Mayor Gutierrez recognized Councilmember Whittaker who provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Presentations • Proclamation recognizing Mr. Ken Greenwald former City Councilmember and Planning and Zoning Commissioner. (Mayor) Mayor Gutierrez recognized Ms. Thelma Greenwald and Mr. Kenneth Greenwald and presented a proclamation recognizing Mr. Ken Greenwald's 42 years of volunteer service to the City of Schertz, SSLGC, and CCMA Board of Directors. • Proclamation recognizing Domestic Violence Awareness Month. (Mayor /K. Chandler /Hanna Fisher -Klug) Mayor Gutierrez recognized Ms. Hanna Fisher -Klug- Community Engagement Specialist- Guadalupe Valley Family Violence Shelter, Krista Chandler -Crime Victim Liaison, Officer Anna Kraft and presented a proclamation recognizing October as Domestic Violence Awareness Month. Employee Recognition • 20 Year Service Recognition to Mr. Dudley Wait - EMS. (M. Browne) is scheduled for the November 9, 2021 City Council Meeting. New Employee Recognition Mayor Gutierrez recognized the following Department Heads who introduced their new employees. • EMS - Amber Cockrum - EMS Billing Specialist; Sean Hilla, Miranda Horak, John Mays- Thompson, Austin Redman, Nick Romero - EMT's; Darienn Trotter - Paramedic • PD - Krista Chandler - Crime Victim Liaison; Animal Control: Jaralynne Biggs - Animal Services Technician, Ashley Evans - Animal Services Officer • Public Works - John Woolston - Facilities Manager; Raymond Garcia, Benjimin Rantz, Brandon Eskildsen, Juan Zamarripa, Caleb Fisher - Service Worker I City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Mayor Gutierrez recognized Assistant City Manager Charles Kelm who provided the following informaiton on upcoming events. Saturday, October 16th Schertz Historical Preservation Car Show Pickrell Park 9:00 AM — 4:00 PM The Nature Discovery Series is back for Fall 2021! Get your little ones outdoors to discover the exciting nature right in our own backyard. Kids are encouraged to explore, discover, and ask questions to help grow their knowledge of nature. This free program is designed for families with elementary -aged children, but older and younger siblings are also welcome. Texas Master Naturalist volunteers will lead the themed programs on the second Saturday of the month held at Crescent Bend Nature Park. Class will begin at 10:00 a.m., but please arrive early and meet at the first parking lot near the restroom building and the trailhead. Pre - register N on Schertz.com Sunday, October 17th Last Game of the Season! Fall 2021 Adult Kickball League (Ages 21 and up) 6:00 -10:00 PM Tuesday, October 26th Next regular scheduled Council meeting. Saturday, October 30th Drive -Thru Candy Cruise 2:00 -5:00 PM The 'Drive -Thru' Candy Cruise will be open from 2:00 -5:00 p.m. on Saturday, October 30, 2021. Families are encouraged to dress in costume and visit participating businesses, groups, and City departments. Participating vendors will have their 'trunk' outdoors to share their 'treats'. A map of participating vendors will be available on October 25 on Schertz.com and on social media. If you would like to have a station on the Candy Cruise, register on CivicRec. There is no fee to participate. Options for businesses /organizations with no storefront are available. If you have any questions, please call Schertz Parks & Recreation at (210) 619 -1850 or email arksandrecgschertz.com. If you would like to participate by donating candy, donation stations will be located at the Schertz Family YMCA, Schertz Aquatics Center, City Hall, and The Chamber. Tuesday, November 2nd The City of Schertz will be holding its General Election on November 2, 2021, for the purpose of electing Council Members in Place 6 and Place 7 for a three -year term, from November 2021 to November 2024. A Special Bond Election will also be held on November 2, 2021, for or against the issuance of not to exceed $15,450,000 of City of Schertz, Texas general obligation bonds for public safety facilities (including a new fire station), and the levying of a tax in payment thereof. A copy of the bond ordinance can be found w .schertz.co - 2021 General & Special Election information. Early voting by personal appearance will begin on October 18, 2021 and ends on October 29, 2021. Early voting locations will be posted on Schertz.com as well as Election Day Vote Centers. . Announcements and recognitions by the City Manager (M. Browne) Mayor Gutierrez recognized City Manager Dr. Mark Browne who congratulated the following employees for their recent promotions: Fire Department: Alex 3 Armstrong -FAO to Lieutenant, Fire Department: Dana Kellum- Firefighter to FAO. • Announcements and recognitions by the Mayor (R. Gutierrez) No announcements were provided. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Gutierrez recognized the following residents: • Gary Inmon, SCUCISD Board Member- Mr. Inmon shared a personal story that Mr. Ken Greenwald was the first person he met when he and his family moved to Schertz. He also provided a personal history of his professional career and he is currently a SCUCISD School. Board Member. He stated that SCUCISD is a great school district, and it attracts a lot of new residents, because the quality of the schools. • Hanna Fisher -Klug- Guadalupe Valley Family Violence Shelter who spoke at the presentation of the Domestic Violence Awareness Month Proclamation presentation. 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. Mayor Gutierrez read the following Items 1 -4 into record. Mayor Pro -Tern read the following Items 5 -8 into record. 11 1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of September 28, 2021. (B. Dennis) 2. Appointments and Resignations to the Various City Boards, Commissions and Committees - Consideration and /or action accepting the resignations of Mr. Rick Haynes from the Planning and Zoning Commission, and the resignation of Ms. Kimberly Smith from the Parks Advisory Board. (B. Dennis /Interview Committee /Council) 3. Resolution 21 -R -97 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz Texas authorizing the city staff to enter into purchase negotiations with GBRA for 3.4096 acres of land located at 22330 IH -35 North in Schertz, Comal County, Texas. (C. Kelm /S. Williams /S. Mayfield) 4. Resolution No. 21 -R -81 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to execute a drainage easement with Schertz - Cibolo- Universal City Independent School District for construction of drainage improvements on the Samuel Clemens High School property by the Elbel Storm Drain and Overlay Project. (B. James /K. Woodlee/J. Nowak) 5. Resolution No. 21 -R -113 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Terracon Consultants, Inc. relating to the Aviation Heights Water Line Improvements (Phases 5, 6, & 7) Project Construction Materials Testing and Inspection and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Shortess) 6. Resolution No. 21 -R -114 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas accepting the Semi - annual report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James /K. Woodlee) 7. Resolution No. 21 -R -112 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to issue a purchase order(s) for the purchase of various Emergency Services Vehicles as part of the 2021 -2022 Vehicle /Equipment replacement program. (C. Kelm /S. Williams /C. Hernandez) 8. Resolution No. 21 -R -1.08 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Raba Kistner, Inc., for Construction Materials Observation and Testing Services related to the Woman Hollering Creek Wastewater Project. (B. James /K. Woodlee) Mayor Gutierrez asked Council if there were any items they wished removed for separate action. Mayor Gutierrez removed Item 3, Resolution 21 -R -97, and stated it will be rescheduled to the October 26, 2021, City Council Meeting. Mayor Gutierrez asked for a motion to approve Consent Agenda Items -1,2 and 4 -8. Moved by Councilmember Mark Davis, seconded by Mayor Pro -Tem Michael Dahle AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Discussion and Action Items 9. Ordinance No. 21 -T -46 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal year 2021 -2022 budget to provide funding for an agreement with M &S Engineering for Design, Bid, and Construction Phase professional services for the Civic Center HVAC Replacement Project and authorizing the execution of the agreement, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. (First Reading) (C. Kelm/S. Williams /S. McClelland) Mayor Gutierrez recognized Assistant Public Works Director Scott McClelland who explained the request for authorizing an adjustment to the fiscal year 2021 -2022 budget to provide funding for an agreement with M &S Engineering for Design, Bid, and Construction Phase professional services for the Civic Center HVAC Replacement Project. The proposed project includes: • Remove existing split system and select ductwork, • Install new packaged unit with variable air volume units outside and VAV terminal units inside. 6 Costs: • Design: $85,000 (M &S Engineering) • Estimated Construction: $825,000 • Proposed to use HOT (Hotel Occupancy Tax) Funds: current balance is $2,246,341.96 Mayor Gutierrez asked for a motion to approve Ordinance No. 21 -T -46. (First Reading) Moved by Councilmember Allison Heyward, seconded by Councilmember Tim Brown AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 10. Ordinance No. 21 -B -45 - Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General Obligation and Refunding Bonds, Series 2021", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; and other matters incident and related thereto, and providing an effective date. (First and final reading) (M. Browne /J. Walters /M. McLiney) Mayor Gutierrez recognized Finance Director James Walters who introduced Mr. Mark McLiney, Financial Advisor, SAMCO, who helped facilitate the sale of these refunding bonds. Mr. McLiney stated the bonds we are selling now will close in November within 90 -day window of the call date of February 1, 2022. With Staff support, they went out and bid these bonds today and received 8 bids. The top bid was BOK Financial Services, Inc. with the rate of 1.18 %. It equates to approx. a savings of $65,000 a year, a total of $710,000. The length of loan was not extended. By November 9, 2021, Bonds Closing: proceeds delivered into escrow account for future defeasance and by February 1 st, 2022, Series 2012 and Series 2013 debt to be retired with escrowed proceeds. Councilmember Scott asked what was our bond rating. It is AAA, 2nd highest possible. Mayor Pro -Tem Dahle and Councilmember Brown thanked Finance Director Walters for his hard work. Councilmember Scagliola moved to adopt and ordinance authorizing the issuance of the City of Schertz, Texas General Obligation Refunding Bonds Series 2021. Moved by Councilmember David Scagliola, seconded by Councilmember Allison Heyward AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Public Hearings Mayor Gutierrez read the following item into record: 11. Ordinance No. 21 -S -42 - Conduct a public hearing and consider and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone 1.373 acres of land from Pre- Development District (PRE) to Single - Family Residential/ Agricultural District (RA), generally located 750 feet east of the intersection between Trainer Hale Road and FM 1518, 9049 Trainer Hale Road, also known as Bexar County Property Identification Number 310238, City of Schertz, Bexar County, Texas. first Reading) (B. James /L. Wood /M. Harrison) Mayor Gutierrez recognized City Planner Megan Harrison who presented information for a request to rezone 1 .373 acres of land from Pre - Development District (PRE) to Single - Family Residential/ Agricultural District (RA), generally located 750 feet east of the intersection between Trainer Hale Road and FM 1518, 9049 Trainer Hale Road. Planning and Zoning Commission held a public hearing on September 8, 2021 and made a recommendation to the City Council to approve the rezone from Pre - Development District (PRE) to Single - Family Residential /Agricultural District (RA). Staff recommends approval of the rezone request. Mayor Gutierrez opened the Public Hearing, and no one spoke; closed the Public Hearing for Council comments. Councilmember Whittaker stated when the individual came to Planning and Zoning, he thought it might be a commercial opportunity for this property. Ms. Harrison stated the applicant was told that the Comprehensive Plan indicated that this area would be single - family residential. Moved by Councilmember Jill Whittaker, seconded by Mayor Pro -Tem Michael Dahle AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 12. Ordinance No. 21 -S -43 - Conduct a public hearing and consider and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 45 acres of land from General Business District (GB) to Manufacturing Light District (M -1), generally located approximately 1,300 feet east of Friesenhahn Lane and 450 feet north of IH -35 access road, also known as Comal County Property Identification Numbers 150166 & 81285, City of Schertz, Comal County, Texas. (First Reading) (B. James /L. Wood/M. Harrison) Mayor Gutierrez recognized City Planner Megan Harrison who presented information for the request to rezone approx. 45 acres of land from General Business District (GB) to Manufacturing Light District (M -1). The applicant Mr. Robert Dye, Managing /Co- Founder of Forefront Commercial Real Estate explained in detail the reason why they are requesting a rezone from GB to M -1. Mayor Gutierrez opened the Public Hearing, and as no one spoke; closed the Public Hearing for Council Comments. Council comments included appreciation for the upscale design, approving the owner's design of office space in front of property and keeping manufacturing behind off of IH -35 frontage. Moved by Councilmember Mark Davis, seconded by Councilmember Allison Heyward AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 9 13. Ordinance No. 21 -S -44- Conduct a public hearing and consideration and or /action to approve an Ordinance by the City Council of the City of Schertz, Texas to amend the Schertz Code of Ordinances, Unified Development Code (UDC), Article 5, Subsection 21.5.8 Permitted Use Table, to add "Aggregate Extraction ". (First Reading) (B. James /L. Wood /M. Harrison) Mayor Gutierrez recognized City Planner Megan Harrison who presented information for the request to approve Ordinance No. 21 -S -44, to amend the Schertz Code of Ordinances, Unified Development Code (UDC) Article 5, Subsection 21.5.8 Permitted Use Table, to add "Aggregate Extraction ". Staff was approached by the applicant for a proposed use of aggregate extraction, where he would be taking good dirt of his property to sell. Staff took this proposed usage to the Planning and Zoning Commission, and there was a discussion between the Commission, Staff and Applicant. The PZ Commission made a recommendation to the City Council to have the proposed use of, Aggregate Extraction, to be placed in Manufacturing Light (M -1) and Manufacturing Heavy (M -2) with an Specific Use Permit (SUP). Staff supports the recommendation made by the Commission. Mayor Gutierrez inquired about the letter of approval from Randolph Air Force Base(RAFB). The RAFB letter was a letter of no objection to the use to place this in this zoning district, however the applicant would have go back to RAFB and get approval of the rezone to M -1 or M -2, because this property is in the AZ -1. Mayor Gutierrez opened the Public Hearing, and as no one spoke; closed the Public Hearing for Council Comments. Mayor Pro -Tem Dahle indicated that this is two issues intertwined. 1. Adding the Aggregate Extraction to the UDC with an SUP. 2. Location of the applicant's property (near RAFB), as well looking at the other properties, or cities near this property. Councilmember Davis stated that this is not about a rezone, it is about adding Aggregate Extraction category into the permitted use table with M -1 and M -2 to the UDC. Councilmember Scagliola mentioned that he read about complaints from neighbors who complain about the noise and dust with this zoning in another city. He agreed with Mayor Pro -Tem Dahle in wanting approval from the neighboring HOA's. Councilmember Brown reiterated that this is not about rezoning, it is about adding Aggregate Extraction to the permitted use table of M -1 and M -2 in the UDC. 10 Councilmember Whittaker stated this is a good heads -up for the potential rezone request for this property, but the ordinance is about adding Aggregate Extraction to the permitted use table of M -1 and M -2. Moved by Councilmember Jill Whittaker, seconded by Councilmember Tim Brown AYE: Mayor Pro -Tem Michael Dahle, Councilmember Jill Whittaker, Councilmember Tim Brown NAY: Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward Failed Assistant City Manager Brian James asked City Council to make a recommendation on where they would allow this use in terms of the zoning chart. If there are some concerns with Council, a recommendation for M -2 with an SUP would be an option. Mr. James reiterated that we do need to get the request listed in the UDC. Mayor Gutierrez asked if a motion to approve the Ordinance No. 21 -S -44 (First Reading) with a M -2 with an SUP. Councilmember Brown made a motion to approve. Seconded by Councilmember Whittaker. Moved by Councilmember Tim Brown, seconded by Councilmember Jill Whittaker AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown NAY: Councilmember Rosemary Scott Passed Roll Call Vote Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for Agenda items 1,2 and items 4 -13. im Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. Councilmember Scott asked for an updated presentation of the Master Land Use Plan. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Pro -Tem Dahle reminded everyone that Schertz Historical Preservation Committee is hosting a Classic Car Show this weekend at Pickrell Park, he also attended the National Night Out events at Riata and Crossvine. Councilmember Davis attended the TML 2021 Annual Conference, Houston TX. Councilmember Scott attended the Candidate Forum hosted by the Guadalupe County Concerned Citizens Coalition. Councilmember Whittaker attended the Candidate Forum hosted by the Guadalupe County Concerned Citizens Coalition, attended the National. Night Out event at Crossvine, the TML 2021 Annual Conference, Houston, TX. and the Council & P &Z Sub - Committee Meeting. Councilmember Scagliola attended the National Night Out event at Riata and Homestead, the TML 2021 Annual Conference, Houston TX. and the City Council & P &Z Sub - Committee Meeting. Councilmember Heyward attended Candidate Forum hosted by Guadalupe County Concerned Citizens Coalition, attended the National. Night Out events with Constable Michael Skrobarcek and other elected officials at Woodbridge Oak Trail Estates, Carolina Crossing North, Greenshire and Cypress Point, attended the TML 2021 Annual. Conference, Houston TX, and a meeting for TML Region 7 Board of Directors. Councilmember Brown attended the Candidate Forum hosted by Guadalupe County Concerned Citizens Coalition, attended the National Night Oout events with Constable Michael Skrobarcek and other elected officials at Woodbridge Oak Trail Estates, Carolina Crossing North, Greenshire and Cypress Point. Adjournment Mayor Gutierrez adjourned the meeting at 7:33 p.m. Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary 13 Agenda No. 2. ei 10UM City Council October 26, 2021 Meeting: Department: City Secretary Subject: ordinance No. 21 -T -46 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal year 2021 -2022 budget to provide funding for an agreement with M &S Engineering for Design, Bid, and Construction Phase professional services for the Civic Center HVAC Replacement Project and authorizing the execution of the agreement, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. (Final Reading) (C. Kelm /S. Williams /S. McClelland) The Schertz Civic Center has been providing outstanding rental space for the community since 2006. Recently, the HVAC system in the facility has begun to experience performance and reliability issues. In addition to having the City's on -staff HVAC Technician diagnose the ongoing issues, the City also entered into a task order with M &S Engineering (one of the City's on -call engineering firms) to do a full assessment of the facility's HVAC system and to make recommendations on how the City should move forward with resolving the deficiencies discovered. The major factors found to be contributing to the performance and reliability issues within the system were the age of the system and excessive outdoor air within the system. The existing units in the facility are split systems which usually have an industry standard life expectancy of 15 years, which matches the current age of the units. While units can operate beyond their life expectancy, the units at the Civic Center use outdated refrigerant (R -22), which has been phased out by the industry making repairs and replacement parts hard to End and expensive. The original system relied on a demand controlled air damper system to balance the outdoor air being supplied to the units. This system was disabled several years ago by former staff and cannot be easily put back in to service. Without the demand controlled damper system active, the system is experiencing high amounts of outdoor air which exceeds the design parameters of the system. When weighing the deficiencies and age of the current HVAC system, M &S Engineering recommended that the current HVAC system be replaced with a new system. City Staff agrees with the recommendation provided by M &S Engineering. The new system being proposed for the Civic Center is a system that is more conventional for a facility of this size. New package units will be installed on -grade on the exterior of the building. The variable air volume (VAV) units will be distributed to each zone within the facility by VAV terminal units. A large portion of the existing duct work will be able to remain in place allowing for less disruption within the facility during construction. M &S Engineering has submitted a proposal for design, bid, and construction phase professional services for the Civic Center HVAC Replacement Project, which is detailed in Exhibit A. The proposal has a not -to- exceed value of $85,000, but staff is requesting approval not -to- exceed $93,500 to accommodate any small changes in scope that arise during the project. This ordinance allocates funds from the Hotel Occupancy Tax reserves in order to complete the professional services portion of the project. City Council approved this on first reading at their meeting of October 12, 2021. GOAL The goal of this ordinance is to amend the fiscal year 2021 -2022 budget to provide funding for the design, bid, and construction phase services for the replacement of the HVAC system at the Civic Center by M &S Engineering and to authorize the execution of the agreement with M &S Engineering. COMMUNITY BENEFIT Replacing the existing HVAC system will allow the Civic Center to continue to provide high -end event rental space to the community. W 1UV K1 "'WK11 a . 1u1/ 130113 01 1 1121 Staff recommends that the City Council approve Ordinance 21 -T -46 on final reading authorizing the budget adjustment and authorizing the City Manager to enter into a task order agreement with M &S Engineering in an amount not to exceed $93,500.00 for Design, Bid, and Construction Phase services for the Civic Center HVAC Replacement Project. FISCAL IMPACT Funding for the design and future construction of the project will be paid for using Hotel Occupancy Tax Funds which are permitted to be used on Capital Improvements at the Civic Center. As of September 30, 2021, the balance in the Hotel Occupancy Tax reserves is $2,246,341.96. After the funding for the professional services contract the balance will be $2,152,841.96. RECOMMENDATION Staff recommends that the City Council approve Ordinance 21 -T -46 on final reading authorizing the budget adjustment and authorizing the City Manager to enter into a task order agreement with M &S Engineering in an amount not to exceed $93,500.00 for Design, Bid, and Construction Phase services for the Civic Center HVAC Replacement Project. Attachments Ordinance 21 -T -46 Exhibit A ORDINANCE NO. 21-T-46 A ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021 -2022 BUDGET TO PROVIDE FUNDING FOR AN AGREEMENT WITH M &S ENGINEERING FOR DESIGN, BID, AND CONSTRUCTION PHASE PROFESSIONAL SERVICES FOR THE CIVIC CENTER HVAC REPLACEMENT PROJECT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 21 -T -38, the City Council of Schertz, Texas, (the "City ") adopted the budget for the City for the fiscal year 2021 -2022 (the `Budget "), which provides funding for the City's operations throughout the 2021 -2022 fiscal year; and WHEREAS, the City needs to authorize a budget amount of $93,500 for the purpose of contracting professional services related to the Civic Center HVAC Replacement Project; and WHEREAS, City Staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget transfer for the Civic Center HVAC Replacement Project, as more fully set forth in this Ordinance; and WHEREAS, the City has identified a need to replace the existing HVAC system at the Civic Center; and WHEREAS, the replacement of the HVAC system requires an engineered design; and WHEREAS, the City has Hotel Occupancy Tax Funds available to be used on Capital Projects at the Civic Center; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, M &S Engineering is an approved On -Call. Engineering Service for the City of Schertz ; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City shall transfer a budget of $93,500 from the Hotel Occupancy Tax Fund to the Civic Center HVAC Replacement Project. Section 2. The City Council hereby authorizes a task order agreement with M &S Engineering, in a total project amount not to exceed $93,500 for design, bid, and construction phase engineering services for the Civic Center HVAC Replacement Project. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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 resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two - thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading, and this Ordinance shall be effective upon the date hereof and any publication required by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 12th day of October 2021. PASSED, APPROVED and ADOPTED on second reading this the 26th day of October 2021. APPROVED: Ralph Gutierrez, Mayor I_.`� Brenda Dennis, City Secretary City Seal • ••Jf 1. 0 (8301629-29681 F (830) 885-2170 IP 376 LA S1, NEW BRAUNFELS, TX 78130 oP WWW.MSENOR .CO M 0 TXENG FIRM F -13941 TBPELS FIRM #10169800 Scope of Work lyrt-D-�I& 6 44A xvl'61epl-d� described above. Our proposal includes providing the following services in support of the engineering required for this project: e. Structural design for new equipment pads. f. Select and specify HVAC controls to meet Owner and occupancy requiremen g. Coordinate with Structural Engineer • mechanical system placement. I 5W]�* 'I Deliverables Provide one PDF set • preliminary construction drawings and specifications at 50% progress drawings Pricing M&S Engineering will provide the scope of work as described forte Not-to-Exceed amount of $85,000 - without prior written authorization from the City, Project to be invoiced hourly per attached M&S billing rates. 13111 111 111111 FOR INIIII I I III I !III Sincerely, -url D Sims III, PE Approved: Date: MEP Division Manager Print: Title: -11111111111111 Illi 11 111 iiii:ililiiii iiijillillillio I ''ll ''I'll,''llul 111111111111,111lillilillit lg_ . if .0 i I �,ii I 1 2! ii R. c i: 15 1 1111 changes as may be required. Labor Classification Technician I Technician If Ilfl■ 11 Technician III Technician IV $155.00 Project Technician I $100.00 Project Technician 11 1 11 Project Technician III i 11 Technician IV $130.00 —Project —Project Technician V $70.00 Senior Technician 1 1 0 S .0 0 Senior Technician 11 $110.00 Senior Technician III of Senior Technician IV Project Manager I Project Manaper 11 It W1 Project Manager III $180.00 [,ProjectManagerLV__ Project Engineer I ii Project Engineer 11 t f1 Project Engineer III i 1t Project Engineer IV Project Engineer V Administrative I Administrative 11 ...... . . .. . . . . ...... Administrative III La assificatin Labor o Cl TeTechnical Specialist I Technical Specialist 11 Te [ 0 T Te chnical Specialist III e Technical Specialist IV $155.00 Graduate Engineer/SIT 1 $100.00 Graduate Engineer/SIT 11 1 11 Graduate Engineer/SIT III i 11 Graduate Engineer/SIT IV $130.00 CAD Operator 1 $70.00 CAD Operator 11 Senior CAD Op erator I I III Senior Engineer I/RPLS I Senio "' It W1 Senior Engineer IV/RPLS IV $180.00 Principal Engineer I Principal Engineer 11 #1 of Principal Engineer III t f1 1 Man Survey Crew 2 Man Survey Crew i r 3 Man Survey Crew Software Level 11 • Level 112 3 Rates are inclusive of all surveying equipment, including stakes, marking paints, and oth consumable items required. Special request items such as T-posts, 36" Laths, concrete monumen etc. will be billed on a cost plus 15% basis. I WWW.MSENGR.COM The following reimbursable schedule is in effect for the 2019 calendar year and will be reviewed annually for appropriate changes as may be required. I COST I �Lb.uu $45.00 $1.50 $2.50 $2.50 $3.50 *Any additional reimbursable items shall be billed at cost plus 15%. • Shipping o All shipping of drawings, job books, and other deliverables will be invoiced based on actual cost plus 15%. Additional Equipment For site specific requirements that do not allow for access via 44 trucks, M&S will provide use of various all-terrain vehicles to facilitate field work. Reimbursement for usage of such equipment will be billed at the following rates: Equipment Rate ,� Wheeler $100/day Utility Vehicle (Mule) $150/daxj • Rental Car o Auto rentals (including fuel) will be invoiced based upon actual cost plus 15%. • Mileage o Vehicle mileage will be invoiced based upon current IRS standard rates (plus $0.05 per mile for 44 vehicles) EF WWW.MSENGR.COM ei 10um City Council October 26, 2021 Meeting: Department: Public Works Agenda No. 3. Subject: Resolution 21 -R -118 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving and authorizing an easement with Centerpoint Energy Resource Corp. on the City of Schertz Animal Adoption Center property, and other matters in connection therewith. (C. Kelm /S. Williams /S. McClelland) As part of the Animal Adoption Center HVAC Replacement Project that is currently under construction at 800 Community Circle Drive, there is a need to have a natural gas service installed to supply gas heat to the facility. In order for Centerpoint Energy Resource Corp. ( Centerpoint Energy) to install the new natural gas service on the property, the City needs to grant Centerpoint Energy an easement on the property. GOAL The goal of Resolution 21 -R -118 is to grant an easement to Centerpoint Energy. COMMUNITY BENEFIT Installation of the new natural gas service is necessary in order to provide gas heat to the facility which is more efficient than the previous electric heaters that were installed. SUMMARY OF RECOMMENDED ACTION Staff recommends Council approve Resolution 21 -R -118, approving and authorizing execution of the easement with Centerpoint Energy. FISCAL IMPACT There is no direct fiscal impact from this Resolution. The project was designed to utilize gas heat. Staff recommends Council approve Resolution 21 -R -118. Attachments Exhibit A Easement Agreement RESOLUTION NO. 21 -R -118 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN EASEMENT WITH CENTERPOINT ENERGY RESOURCE CORP. ON THE CITY OF SCHERTZ ANIMAL ADOPTION CENTER PROPERTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for An easement with Centerpoint Energy Resource Corp. ( Centerpoint Energy) (the "Grantor "), in the form attached hereto as Exhibit A (the "Agreement "); and WHEREAS, the City needs Centerpoint Energy to install a natural gas service in connection with the Animal Adoption Center HVAC Replacement Project, located on the property at 800 Community Circle Drvie; and WHEREAS, the City Council has determined that it is in the best interest of the City to agree to the easement in accordance with the terms of the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I ■ Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to provide the easement in accordance with the terms of the Agreement. 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 October, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) DISTRICT NATURAL GAS EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS } COUNTY OF GUADALUPE) THAT, City of Schertz , its successors and assigns, hereinafter referred to as "Grantor ", whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) CASH and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, paid to Grantor by CenterPoint Energy Resources Corp., d /b /a CenterPoint Energy Texas Gas Operations, its successors and assigns, hereinafter referred to as "Grantee ", whose principal address is P. O. Box 1700, Houston, Texas 77251 -1700, has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee, a perpetual easement, hereinafter referred to as the "Easement ", on, over, under, and across an unobstructed TEN foot (10') wide strip of land, hereinafter referred to as the "Easement Area ", being out of, and a portion of, lands owned by Grantor, hereinafter referred to as "Grantor's Property ", for natural gas facilities and related communication facilities, consisting of all necessary and desirable above and below ground equipment and appurtenances, hereinafter referred to as the "Facilities ". Grantor's Property and the location of the Easement Area, as shown by the hatched area labeled "10.0' EASEMENT ", are identified and depicted on Sketch No. 21 -0697, attached hereto and incorporated herein. Grantee herein agrees that after the completion of the construction of the Facilities 0 J: \JOB FILES \B2021\ 99585287 \DOCUMENTS \99585287- 1.DOCX 10/14121 CRS JOB 99585287 -1 MAP F219913754 S(C South Texas within the Easement Area, Grantee will restore the Easement Area, as nearly as practical to the condition which existed prior to the commencement of said construction. Grantee shall also have reasonable rights of ingress and egress to and from said Easement Area, together with reasonable working space, for the purposes of installing, operating, maintaining, replacing, inspecting, and removing said Facilities within the Easement Area along and through Grantor's Property Grantee shall also have the rights to remove from the Easement Area and Grantor's Property immediately adjoining thereto, all bushes, trees and parts thereof, or other structures or improvements which are within, protrude, bisect, encroach or overhang into said Easement Area and which, in the sole opinion of Grantee, endanger or may interfere with the efficient, safe and proper operation, and maintenance of said Facilities. Grantor shall have the right to construct or place, or cause to be constructed or placed, utilities, drainage ditches, roadways, and /or driveways across, in a near perpendicular fashion, but not longitudinally along and within or under the Easement Area herein granted, hereinafter referred to as the "Crossings ". Grantor assumes all responsibility for the cost of constructing, paving, and maintaining said roadways or driveways Crossings within the Easement Area. Said Crossings shall not be constructed within twenty -four (24) inches of Grantee's at or below ground Facilities. In the event that Grantor constructs, or causes to be constructed, any utilities, drainage ditches, roadways, and /or driveways which results in the relocation and /or removal of Grantee's Facilities, the Grantor will be responsible for all costs associated with the relocation and /or removal ig J: \JOB FILES \B2021\ 99585287 \DOCUMENTS \99585287- 1.DOCX 10/14121 CRS JOB 99585287 -1 MAP F219913754 S(C South Texas of Grantee's Facilities. Grantor is prohibited from using the Easement Area for stockpile, burn piles, burn drums, spoil, water retention, or lay down areas. This conveyance is expressly made and accepted subject to all valid and subsisting restrictions, reservations, covenants, conditions, rights of way, easements, liens, mineral reservations, and other encumbrances, if any, now in force and existing of record in the office of the County Clerk of Guadalupe County, Texas, to which reference is here made for all purposes, and to those easements which, though not of record, are evidenced on the ground to the extent same pertain to the property. Grantor, Grantee, and their respective successors and /or assigns shall observe and exercise all notification laws as per the Underground Facility Damage Prevention and Safety Act, also known as "ONE CALL" & "CALL BEFORE YOU DIG ", when working in or near the Easement Area. To the extent that such laws and codes apply to Grantor, Grantee, and their respective successors and /or assigns, Grantor, Grantee, and their respective successors and /or assigns shall observe all safety codes and laws which apply to working along, within and or near the Easement Area and Facilities during construction activities and safe clearance from such Facilities, including, but not limited to, the Occupational Safety and Health Administration ( "O.S.H.A. "). TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee forever, and Grantor does hereby bind itself and its successors, heirs, assigns, and legal representatives, to fully warrant and forever defend all and singular the above described Easement and rights unto said Grantee, against every person whomsoever lawfully 3 J: \JOB FILES \B2021\ 99585287 \DOCUMENTS \99585287- 1.DOCX 10/14121 CRS JOB 99585287 -1 MAP F219913754 S(C South Texas claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The terms, conditions and provisions contained herein constitute the complete and final agreement between Grantor and Grantee, (collectively the "Parties ") with respect to the subject matter hereof and supersedes all prior agreements, representations and understandings of the Parties and, by Grantor's signature affixed hereto and Grantee's use of the Easement, the Parties evidence their agreement thereof. No oral or written agreements made or discussed prior to, or subsequent to, the execution of this Easement shall supersede those contained herein. Any and all revisions, amendments and /or exceptions to the terms, conditions and provisions contained in this Easement shall be in written, recordable form and executed by both parties, or their respective successors or assigns in order to be deemed valid. EXECUTED this day of , 20 City of Schertz BY: Signature Name Name typed or printed Title 4 J: \JOB FILES \B2021\ 99585287 \DOCUMENTS \99585287- 1.DOCX 10/14121 CRS JOB 99585287 -1 MAP F219913754 S(C South Texas STATE OF TEXAS } COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , of City of Schertz, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (_)he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said city. Given under my hand and seal of office this day of , 20 AFTER RECORDING RETURN TO: SURVEYING & RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC P. O. BOX 1700 HOUSTON, TX 77251 -1700 5 J: \JOB FILES \B2021\ 99585287 \DOCUMENTS \99585287- 1.DOCX 10/14121 CRS Notary's Signature Name typed or printed Commission Expires JOB 99585287 -1 MAP F219913754 S(C South Texas BEARING BASIS: GRID NORTH G. MALPAZ SURVEY LEGEND COORDINATE SYSTEM: T T Q UNMONUMENT POINT NAD 1983 (2011), SOUTH CENTRAL ZONE FOUND 1/2"IRON ROD UNLESS OTHERWISE NOTED PROPERTY LINE R.O.W. — RIGHT—OF—WAY O.P.R.G.C.T. — OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS P.R.G.C.T. — PLAT RECORDS OF GUADALUPE COUNTY, TEXAS CALLED 18.051 AC (RECORD) — RECORD CALL TAKEN FROM DRAINAGE ROW VOL. 8, PG S. 73-76 VOL. 1704, PG. 120 O.P.R.G.C.T. O.P.R.G.C.T Parcel Line Table. Line # Length Direction Ll 36.17 N30" 32' 22'PW k661 L2 10-00 N30" 32' 22'IW L3 4.24 N30" 00' 00"W L4 10.00 N60" 00" 00"E L. 14.24 S30" 00' 00'PE ell 0. 1J9 OF AN ACRE E4SEMENT LOT 1, BLOCK 1 <Dc� CITY OF SCHERTZ A4UNICIPAL COA4PLEX A 0 VOL. 8, PGS. 7J— 76 LOT 1, BLOCK 1 P. R. G. C. T PARKWAY VILLAGE SURD. VOL. 6, PG. 656 P. R. G. C. T. `0 ei Olum City Council October 26, 2021 Meeting: Department: Executive Team Agenda No. 4. Subject: Resolution No. 21 -R -11.9 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing approval of the Guadalupe Appraisal District (G.A.D.) Facility Parking Lot Expansion. (M. Browne) BACKGROUND On October 12, 2021 the City received a letter from Mr. Peter Snaddon, Chief Appraiser of Guadalupe Appraisal District stating that the Board of Directors would like to move forward with the parking lot expansion project at their Main Office location in Seguin. This expansion project was part of the Master Facility Plan which first began during the 2006 -2007 time period. The 3,600 square feet addition to the renovation of the District's existing building was completed in 2008. The necessary activities to begin the project began late 2018 and into 2019. The arrival of the COVID -19 pandemic, in early 2020, further complicated the commencement of the project bringing us to present day. The need of additional parking at their main office has only grown more prominent during these delays. In researching the facilities of other comparable appraisal districts (based on five (5) year growth analysis projections for the Guadalupe Appraisal District, comparable appraisal districts were chosen based on county population, county density, number of parcels, and staffing levels), it was determined that the additional thirty (30) parking spaces provided by this project would adequately serve the spacing needs of their organization. Before this necessary project can be pursued, the City of Schertz is required to approve this project. Section §6.051(b) of the Texas Property Tax Code prescribes this approval process. The first step of the approval process requires that the Board of Directors (B.O.D.) approve a resolution proposing the project. Upon approval of said resolution, the Chief Appraiser is required to notify the Presiding Officer of each entities' governing body of the approved resolution. The resolution passed proposes the cost of the project shall not exceed $91,451. Attached is a copy of the approved resolution by the B.O.D. The District will not request any additional funds from the taxing units for this project. Sufficient funding for this capital improvement was included within their 2022 Adopted Budget, approved by the B.O.D. on August 4, 2021. Section §6.051(b) further states that upon receiving notification of the approved resolution by the B.O.D. the governing body of each taxing unit, entitled to vote on the approval of the proposal, may approve or disapprove of the proposal by way of resolution. This action must take place no later than thirty (30) days after receiving notification of the approved resolution. With this being said, the Board of Directors of the Guadalupe Appraisal District respectfully requests that an action item be placed upon our action agenda as soon as possible and no later than October 26, 2021, to approve a resolution of the proposed project. Section §6.051(b) also requires that each entity file with the Chief Appraiser the resolution that was approved by the governing body no later than ten (10) days after the thirty (30) day period following receipt of the B.O.D. resolution. If this is not filed timely, they will have to treat the resolution as if it were disapproved. GOAL To comply with Section §6.051(b) and approve the much - needed parking lot expansion project for the Guadalupe Appraisal District. C� Provide additional parking spaces at the Guadalupe Appraisal Districts Main. Office in Seguin. SUMMARY OF RECOMMENDED ACTION To approve a resolution as indicated under section §6.051(b) authorizing and approving the Guadalupe Appraisal District Facility Parking Lot Expansion. FISCAL IMPACT No fiscal impact as the funds were approved in the Guadalupe Appraisal District FY 2022 budget that was adopted August 4, 2021. RECOMMENDATION Approval of Resolution No. 21 -R -119. Attachments Resolution 21 -R -119 Guadalupe Appraisal District Letter RESOLUTION NO. 21 -R -119 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE GUADALUPE APPRAISAL DISTRICT FACILITY PARKING LOT EXPANSION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Guadalupe Appraisal District (G.A.D.) has demonstrated a need for additional parking space to meet the growing demand for appraisal services; and WHEREAS, the Board of Directors of the G.A.D. proposed, and authorized expansion of the facility parking lot; and WHEREAS, Texas Property Tax Code §6.051 requires acquisition or expansion of real property by the appraisal district to be approved by the governing bodies of three - fourths of the taxing units entitled to vote on the appointment of board members; and WHEREAS, sufficient funds exist in the dedicated and budgeted reserves of the G.A.D. to expand the facility parking lot and the District will not request from the taxing units any additional funds for this facility parking lot expansion; and WHEREAS, any funds left from the expansion of the facility parking lot be allocated to the District's dedicated reserve funds for future payments towards the master plan for future expansion; and WHEREAS, the expansion offers the most effective solution to provide the G.A.D. with the additional parking needed to service the taxing entities and the taxpayers of Guadalupe County. THEREFORE, • BY THE CITY COUNCIL OF OF ' TEXAS THAT: Section 1. The City Council of the City of Schertz, Texas approves the G.A.D. facility parking lot expansion located at 3000 N. Austin St., Seguin, TX 78155 in the amount of $91,451. 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 October 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary Ralph Gutierrez, Mayor 1400 Schertz: Pkwy. Schertz, TX 78154 GUADALUPE APPRAISAL DISTRICT Z= §6.051 (b) of the Texas Property Tax Code prescribes this approval process. The first step of the approval process requires that the Board of Directors (B.O.D.) approve a resol«¥<+«»««»««>..»< During the regular meeting of the B.O.D. held October 6, 2021, the B.O.D. approved a resolution proposing this project. - 2*1-5 Budget Amenament Resolution was no orougm: to committed funding ($102,831) from being returned to taxing entities per §6.06(j) chosen based county population, county density, number of parcels, and staffing levels. 14'1 MTE-27AAM? "I of each taxing unit, entitled to vote on the approval of the proposal, may approve or disapprove of the proposal by way of resolution. This action must take place no later than thirty (30) days after receiving notification of th,; approved resolution. With that being said, the Board of Directors of the Guadalupe Appraisal District respectfully requests that an action item be placed upon your action agenda as soon as possible and no later than October 2§,,2021 2 , to approve . resolution of the proposed project. Enclosed you will find a sample resolution that your governing body may ust for the approval process. S6.051(b) also requires that each entity file with the Chief Appraiser the resolution that was approved by thL-=, LN If this is not filed timely, we will have to treat the resolution as if it were disapproved. An appraisal district representative can be available • discuss with you this process • answer any questions you might have and or to attend the meeting in which this resolution will be discussed and acted upon. Please notify our office as soon as possible in this regard, so we may accommodate your entity in the manner you wish. ROWLSOM F*]N4FY•• = . , 1 • 919ILMI STATE OF TEXAS RESOLUTION PROPOSING PARKING EXPANSION PROJECT OF FACILITIES OF THE GUADALUPE APPRAISAL DISTRICT WHEREAS, the GUADALUPE APPRAISAL DISTRICT (the DISTRICT) acting by and through its duly authorized and empowered Board of Directors has determined that it is necessary and in the best interest of the DISTRICT, all taxing entities served by the DISTRICT and the public the District serves to proceed with the facility parking expansion project. WHEREAS, the DISTRICT Board of Directors has determined that other alternatives to remedy the parking expansion project will cost significantly more and make a recommendation insofar as the manner with which to proceed with the parking expansion. WHEREAS, the DISTRICT has determined that the total facility parking expansion shall not exceed $91,451. r-erved by the DISTRICT in accordance with §6.051 of the Texas Tax Code. Rem= exceed $91,451. entities entitled to vote pursuant to §6.051 of the Texas Tax Code. 641, 0 AkEAD, PASSED, AND APPROVED this the day of fv—;-202J, By: A Dr. Greg Gilcrease, Chair 1<2 AtI77! IMENEET-M, Nwo I 1 111111 111 i 0-. I Cost Total Bid Item Cost 012M 4 Excavation for Haul Off 30 C.Y. 01.00 $630.00 (topsoil & detention area) 1 5 Concrete Dumpster Pad 288 S.F. $12.50 $3,600.00 6 Asphalt Parking and Drives 1,236 S.Y. $88.00 $46,963.78 7 Parking and Drive Reflective 576 L.F. 31.75 $1,008.00 8 Concrete Curb 454 L.F. $11.00 $4,997.30 9 Concrete Trail Walk/Pad 0 S.F. $6.50 $0.00 10 Signage 1 L. $6§0.00 $650.00 BID ITEM 12 - BMP'S $400.00 11 Rock Berm 20 L.F. $20.00 $400.00 BID IT 6 - LANDSCAPING $3,620.00 12 12" Topsoil 1,200 S.F. $1.00 $1,200.00 13 Soil Media Barrier Geotextile 1,200 S.F. $0.45 $540.00 14 Mulch 1,200 S.F. $0.40 $480.00 15 Shade Trees - 30 Gal.Cont. 2 E.A. $650.00 $1,300.00 Grown Total Base Bid $78,197.61 Contingency 20% $13,253.82 Grand Total $91,461.33 Adkins, Texas 178101 TBPE F-21?18 # Agenda No. 5. ei 10um City Council October 26, 2021 Meeting: Department: City Secretary Subject: Appointments and Resignations to the Various City Boards, Commissions and Committees - Consideration and/or action appointing Mr. Shawn Moore as a Regular Member to the Parks and Recreation Advisory Board and moving Mrs. Jaime Acevedo to the Alternate 1 Position. (B. Dennis /Council) BACKGROUND As it has been the practice when a Regular Member of a Board or Commission resigns, the person serving in the Alternate 1 position is moved up into that vacancy. It is also practice moving the person serving in the Alternate 2 position to the Alternate 1 position. Since the resignation of Ms.Kimberly Smith, a regular member vacancy occurred. Staff reached out to the Parks and Recreation Advisory Board Chair, and he was in agreement to move up Mr. Shawn. Moore to fill the regular position vacancy and move up Mrs. Acevedo. Staff reached out to Mr. Moore and Mrs. Acevedo, and they are in agreement with the proposed appointments. Staff recommends approval of the appointment of Mr. Moore to the vacant regular position and the appointment of Mrs. Acevedo to the Alternate 1 position of the Parks and Recreation Advisory Board. Agenda No. 6. ei Olum City Council October 26, 2021 Meeting: Department: Parks, Recreation & Community Servic Subject: Resolution 21 -R -115 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement with the Alamo Area Council of Governments to receive federal funding for the Schertz Area Senior Center Congregate Meal Program. (B. James /L. Shrum) BACKGROUND The City of Schertz currently provides a free congregate meal program to Seniors at the Schertz Area Senior Center. The lunches have been provided through various arrangements in the past with Coma]. County Senior Citizens Foundation, Community Council of South Central Texas (CCSCT), and with local area restaurants, at a minimal cost to seniors. In 2018 the City embarked on a formal Request for Proposals (RFP) process to secure an agreement with a vendor to provide congregate meal service to the Center. Once that RFP process was completed and a vendor was selected (Selrico Services), city staff applied to the Alamo Area Council of Governments to be a meal provider and receive reimbursement from federal funding available through the Area Agency on Aging. The city receives $3.81 per meal in reimbursement and the city's match is $0.34 per meal (meal unit price is $4.15) up to an amount not to exceed $21,797. The total amount budgeted for the nutrition program is $114,000 so if the full amount is expended and the full amount is reimbursed, approximately 19% of the cost is being recovered. GOAL The goal is to enter into the interlocal agreement with the Alamo Area Council of Governments to subsidize the cost of the nutrition program at the Schertz Area Senior Center. The program requires that all providers reapply each year and sign an interlocal agreement each year as available funding varies from year to year. COMMUNITY BENEFIT The seniors in the community benefit greatly from the congregate meal program. The meals follow federal nutrition guidelines for well - balanced healthy meals tailored to seniors' specific nutrition needs. Providing the meal in a congregate setting also provides much - needed socialization for our senior community since isolation is one of the main contributors to declining mental health in older adults. Approval of Resolution 21 -R- 1.1.5. FISCAL IMPACT This interlocal agreement with the Alamo Area Council of Governments allows for reimbursement to the City of Schertz in an amount not to exceed $21,797. RECOMMENDATION Approval of Resolution 21 -R -115. Attachments FY21 -22 AACOG Contract for Senior Meals Resolution 21 -R -115 Attach electronic signature to certify departmental approval Originator Date Subject Needed By: Gloria Givilancz 9/29/2021 FY22 Vendor Contract - City of Schertz ASAP Document Category Grant ® Interlocal (ILA) F] Request for Application Vendor Services ® Request for Proposal Instructor ® Request for Information El Amendment L1 Consultant ® MOU The FY22 Aging Contract Agreement between City of Schertz (Contractor) and Alamo Area Council of Governments (AACOG). The Contract is an Agreement for the Contractor to provide Older American Program Service(s) for the Aging Program. The Contractor is going to provide Congregate Meals Service. Email to: mbrowne @schertz.com, ggivilancz @aacog.com, clloyd @aacog.com Staff recommend approval, signature and execution of agreement for the Contractor to provide OAA service(s) for the Aaine oroeram. Debbie Ugarte Board Documentation ® Contracting party emails(s) Procurement Dept. SAMS and State debarment research ® Exhibit A El Budget ❑ Exhibit B Debbie Ugarte DocuSigned by: Procurement Dept. u Jo Ann Tobias- 441FF1F38D9045D... Molina, Program DocuSigned by: Director b Qln.ln, C�IAS -�l b�tln Stella Garcia, E0043082A5D047C... Senior Director DocuSigned by: 6F872298D5B3439... Jenise Diaz, CFO DocuSigned by: Clifford Herberg, 7848460FOFAF41E... ocuSigned by: General Counsel RL�w C "' , F72AC8719DD049F... Rev 06/2021 Dear Contractor: We are pleased to inform you that your Agency has been approved as a contractor for FY 2022. As a contractor, your Agency has agreed to provide service(s) as defined in the Contract to clients of the Area Agency on Aging and as authorized by the AAA staff. Also, your Agency has agreed to accept reimbursement as stated in the Scope of Project. Please sign, date and return the DocuSign document as soon as possible. Should you have any questions or concerns regarding the Contract, please do not hesitate to call 210.362.5306. Our mission is to "work to build a community that supports older residents and allows them to age with dignity, security, and enhanced quality of life, as well as assure availability of high quality, efficient, community services." As a team, we will be able to make a difference in many lives. We look forward to working with you. Gloria Givilancz Contract and Nutrition Coordinator ivilancz acco.com 2700 NE Loop 410, Suite 101 San Antonio, TX 78217 (210) 362 -5306 /fax: (866) 231 -9913 ggivilancz @aacog.com Info @AskASC.org AACOG Alamo Area Council of Governments AGREEMENT between and CITY • SCWETTZ This agreement, (the "Agreement"), is made by and between the Alamo Area Council of Governments, ("AACOG") and City of Schertz, ("Contractor") acting by and through its duly authorized officials. WITNESSETH WHEREAS, AACOG desires to contract with public or private service providers for the provision of Older American Act (OAA) Programs; and, WHEREAS, Contractor is ready, willing and able to provide these services for the consideration and upon the terms stated herein; and, WHEREAS, the parties understand that this grant is subject to the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Health and Human Services Commission (HHSC) Awards under Title 45 CFR Part 75; and, NOW, THEREFORE, in consideration of the promises, mutual covenants and agreements detailed herein, the parties agree as follows: DEFINITIONS As used in this Agreement, the following terms shall have the meaning as set out below: AACOG is defined in the preamble of this Agreement and includes its successors and assigns. Protected Health Information (PHI) has the same meaning as defined in Texas Health Code Chapter 181.00, limited to the information created or received by Contractor from or on behalf of AACOG. Electronic Protected Health Information (EPHI), for purposes of the Agreement, has the same meaning given at Texas Health Code Chapter 181.00, limited to the information created or received by Contractor from or on behalf of AACOG. Page 1 of 16 Form Rev. 0812021 Business Associate Agreement (BAA) is defined as an additional agreement that AACOG may require Contractor to execute if in the course of this Agreement, Contractor may through association with AACOG create or received PHI or EPHI of an individual. AACOG Region is defined as the following 13 counties: Atascosa, Bandera, Bexar, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Medina, McMullen, and Wilson. Alamo Region is defined as the 12 rural counties surrounding Bexar County, including: Atascosa, Bandera, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Medina, McMullen, and Wilson counties. /_[x1:7444 ,14211 1.1 This Agreement is effective upon final execution by AACOG (the "Effective Date ") and shall terminate on September 30, 2022, or upon receipt of the final deliverable(s) if earlier. 2. SCOPE OF PROJECT 2.1 Contractor and AACOG agree the scope of the project shall be as described in the Exhibit A: Budget /Computation of Payments, Exhibit B: Assurances & Certifications and Attachment A: Request To Be Added To BidderNendor List (the "Contractor Application "), and are incorporated herein by reference. In the event of any conflict between the Contractor Application or this Agreement, the terms of this Agreement shall control. Contractor represents and warrants that it, and its agents and subcontractors shall perform its obligations hereunder in a good and workmanlike manner. 2.2 Contractors must submit a performance variance report by the 5f" of the month for the previous month when the variance is +10 or-10 percent of the monthly metrics. Additionally, Contractors shall immediately report when they anticipate they will not meet the metrics requirements or exceed budget. The variance report shall include: the reason, the action plan, and the expected date of completion. 2.3 Goods and services detailed in this contract are limited to residents in the AACOG Region. Further, Bexar Contractors are limited to serving residents in Bexar Region and Alamo Contractors are limited to serving residents in the Alamo Region, unless exceptions are included in contract. 2.4 Contractor shall, in accordance with 42 U.S. Code (U.S.C.) Section 3026, and as addressed in the approved area plan, assure it will use outreach efforts to identify individuals eligible for assistance under this Contract, with special emphasis on: (1) older individuals residing in rural areas, (2) older individuals with greatest economic need (with particular attention to low- income minority and older individuals residing in rural areas), (3) older individuals who have greatest social need (with particular attention to low- income minority individuals and residing in rural Page 2 of 16 Form Rev. 0812021 areas), (4) older individuals with severe disabilities, (5) older individuals with limited English proficiency, (6) older individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and the caretakers of such individuals, and (7) older individuals at risk for institutional placement. 2.5 Contractor must submit an outreach plan to AACOG annually by December 31, 2021 that emphasizes target populations listed in section 2.4. Effective January 5, 2022, Contractor shall report quarterly, on the 5t" calendar day following the end of the quarter, a summary of outreach activities performed and planned. 2.6 Contractor must make all printed material available in English and Spanish to ensure access to individuals with limited English Proficiency. This includes menus and flyers posted on websites or social media. 2.7 Contractor must submit by December 31, 2021 the procedures for providing accommodations upon request for individuals with disabilities. 2.8 Contractor must submit most recent ADA accessibility compliance review by December 31, 2021 if services are provided onsite. 2.9 Contractor must use current AACOG logo, and any state or federal agency as appropriate, on all promotional items and social media posts and ensure appropriate logos are prominently displayed for all AACOG funded activities and events. 2.10 Contractors must provide a voluntary opportunity for each eligible program participant to contribute to the cost of the services while protecting the person's privacy. Contractor must safeguard and account for such contributions and use such contributions to expand or enhance program outcomes. 2.11 Contractor must report any negative incidents to the AACOG Contract Manager via email within 2 business days. Negative incidents include, but are not limited to: Any incident that causes death or injury; Physical assault; Events requiring police involvement; Inappropriate sexual behavior; Any breach or reasonably assumed breach of personally identifiable information; or Any incident that could result in negative media attention. 2.12 Contractor must report any emergency closure do to unforeseen circumstances such as inclement weather, power outage, plumbing issue, COVID outbreak, etc. 2.13 The Contractor must establish written procedures through which participants can communicate aspects of the service which impact negatively upon them. Contractors must maintain a log of written complaints received during the program year. The complaint log must be made available upon request. Page 3 of 16 Form Rev. 0812021 See TAC RULE §213.9 for additional grievance requirements and procedures. AACOG grievance and appeal rights are included as EXHIBIT C. 2.14 A participant or Contractor may file an appeal if adverse action is taken against them. Adverse action may include a denial, reduction, or termination of goods, payments, and services. Contractors must develop procedures for addressing appeals. See TAC RULE §213.9 for additional appeal requirements and procedures. AACOG grievance and appeal rights are included as EXHIBIT C. 2.15 Contractor must retain all programmatic, financial, and supporting documentation (including statistical records or other records or reports pertinent to the services provided for a minimum of seven years after expiration of contract, or seven years after: All litigation and claims are resolved; Final payment has been received; or All other pending matters are closed. 2.16 Contractor and AACOG agree that this Agreement will become binding on the date of the signature by both parties. Notwithstanding that date, the term of this Agreement shall be for the period October 1, 2021 through September 30, 2022, and shall be considered an integral part of the complete contract for Direct Purchases of Services (DPS) between AACOG and the Contractor. AACOG has adopted the DPS method to promote development of a comprehensive and coordinated delivery system to meet the need of older individuals 60 years of age or older and their caregivers. This Agreement provides a mechanism for creation of an individualized network of community resources accessible on a participant -by- program basis in compliance with the OAA, as amended, and the HHSC AAA Access and Assistance guidelines. The purpose of the system of Access and Assistance is to develop cooperative working relationships with service providers to build an integrated service delivery system that ensures broad access to and information about community services, maximizes the use of existing resources, avoids duplication of effort, identifies gaps in services, and facilitates the ability of people who need services to easily find the most appropriate Contractor.2.2 Goods and services detailed in this contract are limited to residents in the AACOG Region. Further, Bexar Contractors are limited to serving residents in Bexar Region and Alamo Contractors are limited to serving residents in the Alamo Region, unless exceptions are included in contract. 3. CONTRACT AMOUNT AND PAYMENT 3.1 AACOG agrees to pay Contractor an amount not to exceed the established rate of payment in Exhibit A as payment for the service(s) Contractor provides to AACOG. AACOG shall not be liable to the Contractor for any expenditures which are not allowable costs as defined in 45 CFR 75, as amended, or expenditures made in violation of regulations promulgated under the OAA, as amended, or in violation of Texas Administrative Code (TAC) rules and /or AACOG's rules. AACOG shall make payment upon satisfactory completion of the project or milestone and receipt of a proper invoice emailed to aaabilling @aacog.com. Payment shall be made within thirty (30) calendar days after receipt and approval of each invoice. Contractor agrees and understands Page 4 of 16 Form Rev. 0812021 that the method for receipt of payment will be in the form of an ACH deposit. Additionally, Contractor agrees and understands that AACOG programs receive their funding from various funding sources that require prompt submission of expenses if the AACOG program is to be reimbursed for same. Contractor further understands and agrees that failure to timely submit its invoice to AACOG may result in a total and final denial of payment of the late invoice without recourse against AACOG, its funding source, employees, agents, or assigns. 3.2 AACOG shall determine completion of services by Contractor. Services provided by Contractor are considered to be complete upon meeting the requirements described in Exhibit A and in accordance with current or revised TAC policies and standards and the OAA, as amended, and approved by designated representative of AACOG. 3.3 Contractor will submit invoices with appropriate documentation using an approved invoice template required by AACOG by the close of business on the 5t" day of each month following the last day of the month in which services were provided. Invoices will be accepted the next business day if the 5t" day falls on a weekend or holiday. 3.4 Prior to modifications to the Scope of Project detailed in this Agreement, including modifications for which Contractor expects an increase in the established rate of payment, AACOG and Contractor must prepare a contract amendment that includes a description for the increase in the established rate of payment, as agreed upon by Contractor and AACOG and signed by both parties. 4. TERMINATION 4.1 Options for termination of this Agreement are as follows: a. By either party with thirty (30) days written notice; or b. AACOG reserves the right to immediately terminate this Agreement for failure by Contractor to perform under the terms of this Agreement, and /or any amendments or modification to the Agreement, as agreed to in writing by the signatories of the Contractors; or c. In the event of a breach of this Agreement by either party hereto that is not remedied within thirty (30) days after delivery of written notice of such breach. The non - breaching party may terminate this Agreement by providing ten (10) days written notice to the other party of its intent to terminate this Agreement; or d. Contractor will notify AACOG within forty -eight (48) hours if, for any reason, the Contractor becomes unable to provide the service(s); or e. Discontinuance or reduction of funding to AACOG from its funding sources. 4.2 Upon early termination of this Agreement by either party without cause or by Contractor for a breach of this Agreement, AACOG shall pay the fees and expenses for services rendered by Contractor up to the effective date of termination. If Contractor cannot remedy its breach of this Page 5 of 16 Form Rev. 0812021 Agreement within the cure period set forth above, Contractor shall only be entitled to payment for fees and expenses for that portion of services properly performed as of the termination date. 4.3 A breach shall be excusable if force majeure, and other causes beyond the breaching party's control. If any breach under the preceding sentence exceeds ninety (90) days, either party may terminate this Agreement. In such event, AACOG shall continue to be obligated to pay all fees and expenses incurred by Contractor for services rendered up to the effective date of termination. 4.4 Termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities of AACOG and Contractor under this Agreement, except for Sections 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, and 16, which shall survive termination or expiration of this Agreement. Neither party may impose a penalty and /or fee in the event of Agreement cancellation or non - renewal. 5. REMEDIES 5.1 The Parties do not construe this Agreement as specifying the exclusive remedies for any Agreement default. Either party to this Agreement may pursue all remedies existing at law or in equity, which shall be considered cumulative. 5.2 If the Contractor has failed to comply with the terms of this Agreement that govern the use of monies appropriate under this Agreement, or if the Contractor has received funds in excess of those actually earned, AACOG may take appropriate action including the recapture of payment and /or withholding of funds. 6. INDEMNIFICATION; LIMITATION OF LIABILITY 6.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and save harmless AACOG, its officers, employees, members, agents and contractors from and against all claims, liabilities, costs and damages, including reasonable attorneys' fees and expenses of litigation, arising out of or attributed, directly or indirectly, to Contractor's breach of any provision of this Agreement or from any negligent act or omission of Contractor, its officers, employees, agents or subcontractors. 6.2 Neither party shall be liable to the other party for any incidental, indirect, special, or consequential damages, including loss of profit, arising out of or in connection with this Agreement whether or not such party was advised of the possibility of such damage; provided, however, that the foregoing limitations shall not apply to any third -party claims arising out of either party's indemnification obligations. 7. AMENDMENTS 7.1 The parties shall enact changes in the time frame, character, provisions, or obligations of the parties hereto by written amendment to the Agreement executed by both Contractor and AACOG. 8. KNOWN OR SUSPECTED INCIDENT OF FRAUD Page 6 of 16 Form Rev. 0812021 8.1 Any known or suspected incident of theft, fraud, or program abuse involving Contractor will be reported immediately by AACOG to the affected funding source for appropriate action. Contractor is likewise required to report to AACOG any suspected theft, fraud or program abuse committed by any person or entity including Contractor's employees within two business days. Contractor may not discriminate against any employee or other person who reports a violation of the terms of this contract or of any law or regulation to AACOG or to any appropriate law enforcement authority, if the report is made in good faith. 9. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY 9.1 Contractor provides its assurance that is will comply with all requirements of applicable Federal and State laws that no person providing or receiving services under this contract will be excluded from participation, or be otherwise subjected to discrimination because of race, color, religion, gender, sexual orientation, national origin, age, disability, or political affiliation or belief. it el ► • ► 1 10.1 If an employee for Contractor has been an employee of AACOG within the past twelve (12) months, Contractor must make this known and must describe the relationship between the former AACOG employee and Contractor. In no instance may this former AACOG employee have hours billed on any project or program funded by or through AACOG until the former AACOG employee passes the twelve (12) month point. To do otherwise is justification for rejecting or terminating any proposed or executed contract(s). 10.2 Parties must warrant that neither they nor any member of their controlling management presently has a relationship with any member of the AACOG Board of Directors or an AACOG officer with contractual authority and will not enter into any such relationship, directly or indirectly, which would create or provide the appearance of a conflict of interest in the performance of any agreement with AACOG. Nothing contained in this paragraph shall relieve Contractor of its obligation to file a Conflict of Interest Questionnaire at a later date if such conflict arises. The Agency's current Board of Directors may be viewed at bilpL//www.aacog.com/160/Board-of- Directors 11. COMPLIANCE WITH LAWS; REPRESENTATIONS AND WARRANTIES 11.1 Contractor shall comply with all applicable Federal, State and local laws, statutes, ordinances, rules, and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement. When required, Contractor shall furnish AACOG written documentation necessary to provide satisfactory proof of compliance. The parties agree they shall construe this Agreement under the laws of the State of Texas. Contractor represents and warrants that it has acquired all necessary permits and licenses to accomplish the objectives of the project and shall bear the cost for all necessary permits and licenses. 11.2 AACOG represents and warrants that: (i) it will comply with all applicable Federal, State, and local laws and regulations, including but not limited to applicable privacy laws; (ii) it has obtained any and all permits, licenses, and third -party consents or approvals necessary in connection with Page 7 of 16 Form Rev. 0812021 the use of materials furnished by AACOG to Contractor and that it has the legal right to disclose such materials to Contractor in connection with the services to be performed under this Agreement; (iii) any materials disclosed by AACOG to Contractor shall not violate or infringe upon the trademark, copyright, patent, or other intellectual property rights or rights of privacy or publicity of any third party; and (iv) it will not publish the work product or other deliverables in the public domain without the prior written consent of Contractor. 11.3 Neither party shall use the other party's name, logos, or trademarks in the public domain without the other party's prior written consent. 11.4 In performance of obligations under this Agreement, the Contractor shall act as an independent Contractor and not as an agent, representative, or employee of AACOG. No employee, agent, or representative of the Contractor shall be considered an employee of AACOG nor be eligible for any benefits, rights or privileges afforded to AACOG employees. 11.5 Contractor must comply with AACOG federal fiscal year contract that requires a written policy and procedure in place to ensure criminal background checks are performed on all potential staff and volunteers. The policy must cover the kinds of conduct that will disqualify a person from volunteering or being employed to provide OAA services. Contractor must provide a copy of the policy upon request by AACOG and failure to do so is grounds for termination of this Agreement. 11.6 Contractor understands and agrees that the non - Federal Share requirements specify the minimum percentage of the total cost of an activity must be met with funds other than Federal grants. For Title III B services, Contractor must contribute at least 10% match and for Title III E services, Contractor must contribute at least 25 % match.' 12. DEBARMENT 12.1 Contractor certifies that neither it nor its principals, agents, subcontractors, or subgrantees are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any State or Federal Program. 12.2 Contractor shall furnish AACOG with written documentation necessary to provide satisfactory proof of compliance, including but not limited to the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Contracts and Grants." 12.3 Contractor shall provide immediate written notice to AACOG, if, at any time during the term of the Agreement, including any renewals, Contractor learns that its certification was erroneous at time of submission or has become erroneous by reason of changed circumstances. 12.4 Should AACOG or another Federal or State agency debar Contractor, pursuant to a debarment policy currently existing or hereafter adopted, said debarment may, within AACOG's sole and absolute discretion, be grounds for termination of this Agreement for cause. 13. CONFIDENTIALITY Page 8 of 16 Form Rev. 0812021 13.1 Each party shall treat all information received from the other party under this Agreement as confidential and shall not use or disclose such information for any purpose other than to fulfill its obligations under this Agreement. The obligation of confidentiality, however, shall not apply to information which: (i) at time of receipt or dissemination, is in the public domain or thereafter becomes generally available to the public; (ii) the receiving party already possessed at the time of receipt thereof from the disclosing party, and the information was not previously acquired directly or indirectly from the disclosing party; (iii) is acquired or rightfully received and without confidential limitation by the receiving party from a third party; (iv) is independently developed by the receiving party without breach of this Agreement; or (v) is required to be disclosed pursuant to court order or applicable law. 13.2 Data Use Agreement (DUA) — As a condition of this Agreement, Contractor agrees to execute and abide by the terms of AACOG's DUA. The purpose of the attached DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with Contractor and describe Contractor's rights and obligations with respect to the confidentiality information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. The DUA incorporates a variety of regulatory requirements under state and federal laws and is not limited to requirements for securing protected health information under the Health Insurance Portability and Accountability Act (H I PAA). 14. SUBCONTRACTORS 14.1 Contractor anticipates entering into subcontractor agreements. Should Contractor decide a subcontract is necessary, it is agreed that any subcontract with individuals or organizations under this Agreement, shall require AACOG's prior approval and consent to the subcontract in the form of an amendment executed as provided in Section 7.1. 14.2 Contractor must complete a subcontractor plan and pre -award survey prior to AACOG approval of subcontractor. 14.3 Contractor will be responsible for monitoring subcontractor financial and programmatic performance and will maintain pertinent records. 14.4 Contractors must ensure subcontractors are fully aware of requirements placed upon the subcontractors by state /federal /local rules and regulations and the provisions in this contract. 14.5 Client Health Information - Contractor understands that AACOG must protect its client's health information. This, if, in AACOG's sole determination, Contractor and /or its subcontractors may have access to PHI or EHPI of any type required to be protected by AACOG, then Contractor and all of its subcontractors must execute and submit to AACOG an additional BAA, which will detail provisions for the safe handling of client health information. Failure by a Contractor or any of its subcontractors under this Agreement to execute a BAA when requested by AACOG will constitute a material breach in this Agreement. 14.6 Section 14.5 will be included in all subcontracts by Contractor under this Agreement. Page 9 of 16 Form Rev. 0812021 15. LEGAL CONSTRUCTION 15.1 In case one or more provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 16. NOTICES 16.1 All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified U.S. Mail, postage prepaid, addressed to such party at the following respective addresses: For Contractor: Dr. Mark Browne, City Manager City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 For AACOG: Diane Rath, Executive Director Alamo Area Council of Governments 2700 NE Loop 410, Suite 101 San Antonio, Texas 78217 16.2 The Parties deem all notices given on the date delivered or three (3) days after deposited in the mail, unless otherwise provided for herein. Either party hereto may change their address for notice by sending written notice of such change to the other party in the manner provided herein. 17. INSPECTION OF BOOKS AND RECORDS 17.1 Contractor shall perform the services contracted for in accordance with the prior agreed upon fixed price(s). In the event one or both Parties terminates the Agreement prior to completion, AACOG shall be entitled to examine the financial books and records of Contractor for the purpose of verifying the amount of work performed by Contractor at the time of the Agreement's termination. Contractor shall provide AACOG, upon AACOG's written request, with receipts, invoices, and other supporting documentation to evidence any out -of- pocket expenses incurred by Contractor which it charges to AACOG in connection with this Agreement, including any third - party pass- through expenses, to ensure compliance with the terms of this Agreement. Additionally, AACOG and its duly authorized representatives shall have access to the records of Contractor which are directly or indirectly applicable to this Agreement for the purpose of conducting audits and examinations. 18. SOLE AGREEMENT 18.1 This Agreement constitutes the only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the subject matter. Page 10 of 16 Form Rev. 0812021 19. RESOLUTION OF DISPUTES 19.1 Neither party shall institute a proceeding in any court nor administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within three (3) weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, either party may request the State District Court of Bexar County, Texas, to appoint a mediator. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to that effect and the aggrieved party may then seek relief through the judicial process and the courts of Bexar County, Texas. IN TESTIMONY HEREOF, the parties hereto have caused this Agreement to be executed in duplicate counterparts by their duly authorized representatives. /_ 1W_ 1► 1C�7_1V: F_TKiIIIi•[Nt We] MUM ZI VON 1811: 401 DocuSigned by: By: 1Riat 4426 - Executive Director Date: i Date: CITY OF SCHERTZ Dr. Mark Browne City Manager Page 11 of 16 Form Rev. 0812021 an lei 4 jmej1y1 lan ji-l"i"11% d B •11► F111 IS G 11 PROVIDER: CITY OF SCHERTZ SERVICE: CONGREGATE MEAL A hot or other appropriate meal served to an older person who is eligible in a congregate setting. (AAAPPM Chapter F) � CONGREGATE MEAL $3.81 For more service details bhRt2DL://texrA . sos. state. tx - u s/pu b ri c/readta c$ext- viewtac Signature: Title: Page 12 of 16 Form Rev. 0812021 8/121214:02 PM Provider Name: City of Schert. AAA Name: Area Agency on Aging of the Ax arno Area BUDGET G10RKSHEE1'CAk_CULATMN OF T1,11E PER NAMAL UNIT I1° 1. Total Budgeted Expenses for Contract Year MI&M. ..- • . — A I . . . Other Funds HHS OAAA 13,679 Eligible Meals 13,678 Other Sources 5 0 Other Funds - Non- Eligible Program Income 113 Meals 0 Other Sources 6 0 3. Whole Unit Rate (Line 1 divided by Line 2) Reimbursement Calculation 7. Proposed Meal Rate (Line 3 minus Line 6) $ 3.81 If any portion of the required match is in-kind, you must complete an In-Kind Match Certification form. By signing below, the provider acknowledges that all related records are subject to audit in accordance with contract requirements and all applicable federal and state laws. Legal Name of Contracted Provider Signature Name of Area Agency on Aging Diane Rath Printed/Typed Name of Signer DocuSigned by: �--575 0! KP4426_ Date Printed yped Name of Signer EXHIBIT B ASSURANCES & CERTIFICATIONS The CONTRACTOR shall maintain proper documentation to substantiate all of the assurance items set out below. Such documentation will be subject to review for adequacy and completeness. Failure to maintain the appropriate and necessary documentation shall be grounds for sanctions and penalties, in accordance with 40 TAC 81.13 and 40 TAC 85.201(e)(3). 1. Compliance with Requirements Contractor agrees to administer the program in accordance with the OAA and all applicable federal and state laws, rules, and regulations established by the Department, the AoA, and the Secretary of Health and Human Services. 2. Safeguarding Confidential Information Contractor shall comply with requirements in the Data Use Agreement (DUA) which is hereby incorporated into this Agreement. 3. Standards for Fire, Health, Safety, Sanitation and Other Standards Contractor providing services under this contract shall operate fully in conformance with all federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. Such requirements shall also be passed to all subcontractors and sub grantees in the fulfillment of this contract. Contractors assure that where the state or local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. 4. Insurance Coverage Contractor will maintain fire and casualty, worker's compensation, fidelity bond, and general liability insurance in amounts prescribed in stature or regulation, as applicable. 5. Civil Rights Contractor agrees to comply with state and federal anti - discrimination laws, including without limitation: 5.1 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et. seq.) 5.2 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) 5.3 Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) 5.4 Age Discrimination in Employment Act of 1975 (42 U.S.C. § §6101 -6107) 5.5 Title IX of the Education Amendments of 1972 (20 U.S.C. § §1681 -1688) Food and Nutrition Act of 2008 (7 U.S.C. §2011 et. seq.); and 5.6 The NHS agency's administrative rules as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Contractor agrees to comply with all amendments to the above - referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, Page 13 of 16 Form Rev. 0812021 sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by federal or state funding, or otherwise be subjected to discrimination. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 2 C.F.R. Part 200 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Contractor agrees to comply with Executive Order 13279, and it's implementing regulations in 2 C.F.R. Part 200. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Upon request, Contractor will provide the Texas Health and Human Services Commission's (HHSC) Civil Rights Office with copies of all of Contractor's civil rights policies and procedures. Contractor must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51 st Street, Mail Code W206 Austin, TX 78751 Phone Toll Free: (888) 388 -6332 Phone: (512) 438 -4313 TTY Toll Free: (877) 432 -7232 Fax: (512) 438 -5885 Page 14 of 16 Form Rev. 0812021 EXHIBIT C AACOG Notice of Grievance and Appeal Rights Notice of Grievance and Appeal Rights Rights and Responsibilities All participants and Contractors may file a grievance or formal appeal if they are adversely affected by AACOG or AACOG Contractor Staff. Grievance and appeal rights must be made available to all participants and Contractors. Grievances may be made at any time. However, AACOG must be advised within 10 calendar days of the event which created the basis for the grievance of the intent to appeal. Grievances and formal appeals must be addressed and documented as described below. A grievance or formal appeal may be presented on behalf of the participant or Contractor at their own expense. You may request assistance from AACOG with filing a complaint or the formal appeal process. Reasonable accommodations are available upon request. How to File a Complaint or Formal Appeal You may file a complaint or start the formal appeal process using the following options: Call: 210 - 362 -5306 Fax: 866 - 231 -9913 Email: ggivilancz @aacog.com Grievances Grievances shall be resolved at the lowest level of authority to avoid undue paperwork or loss of time. Grievances received directly at AACOG will be remanded to Contractor staff for resolution, if applicable. Grievances may be made orally or in writing. Grievances shall include: • The notice, document, policy or situation upon which a grievance is being made; • The dates that are significant which pertain to the grievance; • The names of individuals and organizations involved in the grievance. • A reference to any provision of the Older Americans Act (OAA) or regulations believed to have been violated by site management, grantee, area agency or the Department. Grievances shall be directed as indicated to the following authorities in the order indicated: Page 15 of 16 Form Rev. 0812021 o Site Director • Project Director • AACOG Area Agency on Aging (AAA) Program Director • AACOG Executive • Executive Director of the Health and Human Services All discrimination grievances will be routed to AACOG management staff within one business day of the allegation. o AACOG management staff will route to AACOG legal counsel for proper resolution. AACOG will maintain a log of written grievances and appeals received. The log will include: • Description of complaint • Name of person filing the complaint • Date of complaint resolution • Was complaint substantiated Formal Appeals AACOG will issue a written determination when services are denied, delayed, reduced, or terminated. o At this time AACOG will notify participant or Contractor of their right to appeal and AACOG appeal procedures. Formal appeals must be in writing unless an accommodation is requested. Formal appeals must be filed within 10 calendar days of AACOG issuing the written determination. Formal appeals shall include: • The notice, document, policy or situation upon which an appeal is being made; The dates that are significant which pertain to the appeal • The names of individuals and organizations involved in the appeal • A reference to any provision of policy that applies to the appeal If a formal appeal is filed, AACOG's Director of AAA Programs will review the appeal documentation and issue a written decision within 30 working days. The written decision will include further appeal rights. If the appellant chooses to continue appeal, AACOG will gather supporting documentation and facilitate the appeal process with the next level of authority. If the facts support the appeal, AACOG shall, within 30 working days of the receipt of the written grievance, make the changes necessary to resolve the issue. Page 16 of 16 Form Rev. 0812021 SCOPE OF PROJECT This Agreement will become binding on the date of the signature by both parties. Notwithstanding this date, the term of this Agreement shall be for the period of October 1, 2021 through September 30, 2022, and shall be considered an integral part of the complete contract for service delivery between AACOG hereinafter referred to as AGENCY and the Contractor mutually agree that the City of Schertz will provide, as a DIRECT SERVICE, CONGREGATE MEAL and HOME DELIVERED MEALS services for persons in the Bexar, Comal and Guadalupe County Area Agency on Aging planning and service area and will provide a minimum of 5721 Congregate meal units of service at the rate of $3.81 per unit.. The total amount of Title III Federal funds shall not exceed $21,797 for Congregate Meals The total amount of funds committed by this AGENCY under this agreement shall not exceed $21,797. I further certify that I am authorized to sign for this CONTRACTOR AGENCY. Type Name & Title Page 1 of 1 Signature of Contractor Official Date PROVIDER: City of Schertz SERVICE: CONGREGATE MEALS U.S. Department of Health and Human Services Passed through Texas Department of Health and Human Services Commission to the Area Agency on Aging Bexar County ID#539-16-0021-00001 Available Funding for Service Delivea: Special Programs for the Aging Title III Funds Part C-CFDA 93.045 $21,797 AAA Contract Funding Not-To Exceed $21,797 Program Income $ 550 Local Cash $12,648 Total $ �98 Number of Units All Persons: 8,397 Number of units to be purchased at unit rate: 5,721 Established rate of payment (Unit Rate): $3.81 Signature: Title: Date: Page 1 of 1 Form Rev. 07118 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE ALAMO AREA COUNCIL OF GOVERNMENTS E CITY OF SCHERTZ This agreement ( "AGREEMENT ") is made by and between The Alamo Area Council of Governments, ( "AACOG ") and City of Schertz ( "BUSINESS ASSOCIATE ") acting by and through its duly authorized officials. Article 1: Contract Period 1.1 This AGREEMENT is effective upon final execution by AACOG (the "Effective Date ") and shall terminate when all Protected Health Information (PHI) and /or Electronic Protected Health Information (EPHI) provided by AACOG to BUSINESS ASSOCIATE, or created or received by BUSINESS ASSOCIATE on behalf of AACOG, is returned to AACOG or destroyed (with required certification of destruction), or, if it is not feasible to return or destroy all PHI and /or EPHI, protections are extended to such information in accordance with the termination provisions in this AGREEMENT. Article 2: Definitions 2.1 All terms used in this AGREEMENT not otherwise defined in this AGREEMENT have the same meaning as those terms in the Implementing Regulations. A reference to a section of an Implementing Regulation means the section as of the execution date of this AGREEMENT or as subsequently amended. 2.2 Electronic Protected Health Information (EPHI), for purposes of this AGREEMENT, has the meaning given at 45 CFR 160.103, limited to the information created or received by BUSINESS ASSOCIATE from or on behalf of AACOG. 2.3 Implementing Regulations are Title 45, Code of Federal Regulations, Parts 160, 162, and 164 (45 CFR 160, 45 CFR 162, and 45 CFR 164), as amended. 2.4 Individual has the meaning given at 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(8). 2.5 Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR 160 and 45 CFR 164, Subparts A and E. 2.6 Protected Health Information (PHI), for purposes of this AGREEMENT, has the meaning given at 45 CFR 160.103, limited to the information created or received by BUSINESS ASSOCIATE from or on behalf of AACOG. 2.7 Security Rule shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR 160 and 45 CFR 164, Subpart C. Article 3: Background 3.1 Under the terms of this AGREEMENT, AACOG will provide or make available to BUSINESS ASSOCIATE, or BUSINESS ASSOCIATE may create or receive on behalf of AACOG, certain PHI and /or certain EPHI that BUSINESS ASSOCIATE must afford special treatment and safeguards under the Health Insurance Portability and Accountability Act of 1966 (HIPAA) and its Implementing Regulations in conjunction with goods or services provided to AACOG by BUSINESS ASSOCIATE. 3.2 Obligations of BUSINESS ASSOCIATE under this section are in addition to the duties of BUSINESS ASSOCIATE with respect to confidential PHI and /or EPHI described elsewhere in this AGREEMENT. Article 4: Obligations and Activities of BUSINESS ASSOCIATE 4.1 BUSINESS ASSOCIATE agrees not to use or disclose PHI and /or EPHI provided by, made available by, or created or received on behalf of AACOG other than as permitted by this AGREEMENT or required bylaw. 4.2 BUSINESS ASSOCIATE agrees to establish and maintain appropriate administrative, physical, and technical safeguards (consistent with the Implementing Regulations) to reasonably and appropriately protect the confidentiality, integrity, and availability of PHI and EPHI it creates, receives, maintains, or transmits for, from, or to AACOG. In providing these protections, BUSINESS ASSOCIATE shall pay particular attention to the requirements addressed in the Privacy Rule and the Security Rule. 4.3 BUSINESS ASSOCIATE agrees to establish and maintain policies and procedures for mitigation, to the extent practicable, of any harmful effect of a use or disclosure of PHI and /or EPHI by BUSINESS ASSOCIATE, its subcontractors, and its agents in violation of the requirements of this AGREEMENT or the HIPAA Implementing Regulations. 4.4 BUSINESS ASSOCIATE agrees to promptly, but in no case more than one (1) business day, report to AACOG: a. Any use or disclosure of PHI and /or EPHI of which it becomes aware that is not provided for by this AGREEMENT. b. Any security incident or breach related to AACOG PHI and /or EPHI of which it becomes aware. 4.5 BUSINESS ASSOCIATE agrees to promptly, but in no case more than sixty (60) calendar days, provide AACOG notification of any breach of PHI and /or EPHI as required by 45 CFR 164.410. 4.6 BUSINESS ASSOCIATE agrees to ensure, through a subcontract or other appropriate agreement, that any agent (including a subcontractor) to whom BUSINESS ASSOCIATE provides PHI and /or EPHI received from AACOG, or created or received on behalf of AACOG, agrees to the same restrictions and conditions that apply through this AGREEMENT to BUSINESS ASSOCIATE with respect to such information. That subcontract or other agreement shall: a. Be executed prior to allowing use or disclosure to or by the agent. b. Contain the same terms, conditions, and restrictions on use, disclosure, and safeguard of PHI and /or EPHI as are contained in this AGREEMENT. c. Be approved as to form, conditions, and restrictions by AACOG prior to execution. 4.7 BUSINESS ASSOCIATE agrees, at the request of AACOG and with reasonable notice during BUSINESS ASSOCIATE's established business hours, to provide access to PHI and /or EPHI in a designated record set to AACOG or, as directed by AACOG, to an individual to meet the requirements under 45 CFR 164.524. 4.8 BUSINESS ASSOCIATE agrees to make any amendments to PHI and /or EPHI in a designated record set that AACOG directs or agrees to pursuant to 45 CFR 164.526. AACOG shall furnish all amendment requests during BUSINESS ASSOCIATE's regular business hours. 4.9 BUSINESS ASSOCIATE agrees to make internal practices, books, and records, (including policies and procedures and PHI and /or EPHI) relating to use, disclosure, and protection of PHI and /or EPHI received from, or created or received by BUSINESS ASSOCIATE on behalf of AACOG available to AACOG or the Department of Health and Human Services (DHHS) for the purposes of determining AACOG Business Associate Agreement 2 AACOG Form 1000 - 001 -003 Rev 9/1/10 BUSINESS ASSOCIATE's compliance with the Privacy Rule and /or Security Rule. AACOG will make these requests during BUSINESS ASSOCIATE's regular business hours or as directed by DHHS. 4.10 BUSINESS ASSOCIATE agrees to document disclosures of PHI and /or EPHI and information related to such disclosures as would be required for AACOG to respond to a request by an individual for an accounting of disclosures of PHI and /or EPHI in accordance with 45 CFR 164.528. 4.11 BUSINESS ASSOCIATE agrees to provide AACOG or an individual, during BUSINESS ASSOCIATE's regular business hours and with reasonable advance notice by AACOG, information collected in accordance with Section 3.10 of this AGREEMENT, to permit AACOG to respond to a request by an individual for an accounting of disclosures of PHI and /or EPHI in accordance with 45 CFR 164.528. 4.12 BUSINESS ASSOCIATE agrees to return, or properly destroy and document such destruction, all PHI and /or EPHI received from AACOG, or created or received on behalf of AACOG, once BUSINESS ASSOCIATE finishes providing goods or services under this AGREEMENT or any succeeding AGREEMENT. a. If BUSINESS ASSOCIATE destroys information, it must certify that destruction to AACOG in accordance with procedures and instructions which AACOG shall provide. Destruction and documentation shall, in all cases, be consistent with the guidelines provided in the Implementing Regulations. b. BUSINESS ASSOCIATE may not unilaterally elect to destroy information that it must retain under Federal or State law or regulation. c. BUSINESS ASSOCIATE must maintain required protections for all PHI and EPHI received from AACOG, or created or received on behalf of AACOG, for as long as BUSINESS ASSOCIATE has such information. 4.13 BUSINESS ASSOCIATE will develop and implement a procedure for sanctions to address violations, by employees, subcontractors, or agents, of the Privacy Rule, the Security Rule, or any other portion of the Implementing Regulations that deal with safeguard of PHI orEPHI. Article 5: Obligations of AACOG 5.1 AACOG shall notify BUSINESS ASSOCIATE of any limitation(s) in AACOG's Notice of Privacy Practices in accordance with 45 CFR 164.520, to the extent such limitation(s) may affect BUSINESS ASSOCIATE's use or disclosure of PHI or EPHI. 5.2 AACOG shall notify BUSINESS ASSOCIATE of changes in, or revocation of, permission by individuals to use or disclose PHI or EPHI, to the extent such changes may affect BUSINESS ASSOCIATE's use or disclosure of PHI or EPHI. 5.3 AACOG shall notify BUSINESS ASSOCIATE of any restriction(s) on the use or disclosure of PHI or EPHI to which AACOG has agreed in accordance with 45 CFR 16.522, to the extent such changes may affect BUSINESS ASSOCIATE's use or disclosure of PHI or EPHI. 5.4 AACOG shall not request BUSINESS ASSOCIATE to use or disclose PHI or EPHI in any manner that would not be permissible if done by AACOG. Article 6: Permitted Uses and Disclosures by BUSINESS ASSOCIATE 6.1 Except as otherwise limited by this AGREEMENT, and provided use or disclosure would notviolate the Privacy Rule or the Security Rule or other part of the HIPAA Implementing Regulations if done by AACOG, and further provided all uses and disclosures are limited to the minimum necessary to accomplish the purposes for which the PHI or EPHI is used or disclosed, BUSINESS ASSOCIATE may, on behalf of, or to provide services to, AACOG, use or disclose PHI and EPHI: AACOG Business Associate Agreement AACOG Form 1000 - 001 -003 Rev 9/1/10 a. For treatment, payment, or healthcare operations in support of BUSINESS ASSOCIATE's responsibilities to AACOG under Aging Services Contract and this AGREEMENT; To carry out its legal responsibilities, and for proper management and administration of BUSINESS ASSOCIATE, consistent with the requirements at the Implementing Regulations, provided those uses or disclosures are: 1. Required by law; or 2. BUSINESS ASSOCIATE obtains reasonable assurances from the person or entity to whom the information is further disclosed that the person or entity will: (i) Maintain confidentiality of and safeguards for the PHI and /or EPHI in accordance with the Implementing Regulations; (ii) Use or further disclose the information only as required by law or for the purpose for which it was disclosed to the person or entity; and (iii) Immediately notify BUSINESS ASSOCIATE of any unauthorized use or disclosure, security incident, or breach of confidentiality of which the person or entity becomes aware, and subsequently provide such breach notification as would be required by BUSINESS ASSOCIATE under 45 CFR 164, Subpart D. c. To provide data aggregation services for AACOG if necessary to fulfill its obligations to AACOG; and d. To report violations of law to appropriate Federal or State authorities, consistent with 45 CFR 164.5020). Article 7: Ownership of PHI and EPHI 7.1 All PHI and EPHI shall be and remain the property of AACOG whether originating from AACOG, BUSINESS ASSOCIATE, or AACOG's clients. 7.2 BUSINESS ASSOCIATE agrees it acquires no title or rights to the information, including any de- identified information, as a result of this AGREEMENT. Article 8: Amendment 8.1 The Parties agree to take such action as is necessary to amend this AGREEMENT to ensure compliance with applicable requirements of the HIPAA and its Implementing Regulations. 8.2 Both BUSINESS ASSOCIATE and AACOG shall enact any changes in the time frame, character, provisions, or other obligations of the Parties hereto by execution of a written amendment to the AGREEMENT. Article 9: Termination 9.1 This AGREEMENT may be terminated as follows: a. By written, mutual agreement of the parties; b. For cause, upon AACOG's knowledge of a material breach or violation by BUSINESS ASSOCIATE, its agents, or its subcontractors, in which case AACOG shall either: 1. Provide BUSINESS ASSOCIATE a reasonable opportunity to cure the breach or violation, and then terminate this AGREEMENT and the Aging Services Contract if BUSINESS ASSOCIATE does not cure the breach or violation within a time specified by AACOG; or AACOG Business Associate Agreement AACOG Form 1000 - 001 -003 Rev 9/1/10 2. Immediately terminate this AGREEMENT and the Aging Services Contract if BUSINESS ASSOCIATE breaches a material term of this AGREEMENT and a cure is not feasible in AACOG's opinion; and 3. If neither termination nor cure is feasible, AACOG shall report the violation to the Secretary of the Department of Health and Human Services. c. Immediately, without opportunity for cure, if BUSINESS ASSOCIATE knew of a material breach or violation on its part, that of its agents, or that of its subcontractors, and failed to immediately take reasonable steps to notify AACOG and cure its breach orviolation. 9.2 Effect of termination. a. Except as provided in paragraph 9.2b of this section, upon termination of this AGREEMENT, for any reason, BUSINESS ASSOCIATE shall return or destroy (and so certify that destruction), and retain no copies of, all PHI and EPHI received from AACOG, or created or received by BUSINESS ASSOCIATE on behalf of AACOG. This provision shall apply to PHI and EPHI that BUSINESS ASSOCIATE, its subcontractors, and agents possess. In the event BUSINESS ASSOCIATE determines that return or destruction of PHI or EPHI is not feasible, BUSINESS ASSOCIATE shall provide AACOG, in writing, within seven business days of termination, notification of the condition(s) that make return or destruction not feasible. Upon such notification, BUSINESS ASSOCIATE shall extend the protections of this AGREEMENT to such PHI or EPHI and limit further uses and disclosures of such PHI and EPHI to those purposes that make the return or destruction not feasible for so long as BUSINESS ASSOCIATE maintains such PHI or EPHI. c. Termination of this AGREEMENT shall extinguish all rights, duties, obligations and liabilities of AACOG and BUSINESS ASSOCIATE under this AGREEMENT, except as provided in Article 10, which shall survive termination or expiration of this AGREEMENT. Article 10: Survival of Terms 10.1 The duties and obligations imposed on BUSINESS ASSOCIATE under this AGREEMENT will survive expiration of the AGREEMENT until all PHI and EPHI provided by AACOG to BUSINESS ASSOCIATE, or created or received by BUSINESS ASSOCIATE on behalf of AACOG, is returned to AACOG or is destroyed (with required certification of destruction). 10.2 Following proper return or destruction of all AACOG PHI and EPHI, the respective rights and obligations of BUSINESS ASSOCIATE under Articles 3, 4 and 7 of this AGREEMENT shall survive termination of this AGREEMENT. Article 11: Compliance with Laws, Representations, and Warranties 11.1 BUSINESS ASSOCIATE shall comply with all applicable Federal, State, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the AGREEMENT. When required, BUSINESS ASSOCIATE shall furnish AACOG with written documentation necessary to provide satisfactory proof of compliance. 11.2 This AGREEMENT shall be construed under the laws of the State of Texas. 11.3 BUSINESS ASSOCIATE represents and warrants that it has acquired all necessary permits and licenses to accomplish the objectives of this AGREEMENT, and BUSINESS ASSOCIATE shall bear the cost for all necessary permits and licenses. 11.4 AACOG represents and warrants that: a. It will comply with all applicable Federal, State, and local laws and regulations, including, but not AACOG Business Associate Agreement AACOG Form 1000 - 001 -003 Rev 9/1/10 limited to, applicable privacy laws; b. It has obtained any and all permits, licenses, and third -party consents or approvals necessary in connection with the use of materials furnished by AACOG to BUSINESS ASSOCIATE and that it has the legal right to disclose such materials to BUSINESS ASSOCIATE in connection with the services to be performed under this AGREEMENT; c. Any materials disclosed by AACOG to BUSINESS ASSOCIATE shall not violate or infringe upon the trademark, copyright, patent, or other intellectual property rights or rights of privacy or publicity of any third - party; and d. It will not publish the work product or other deliverables in the public domain without the prior written consent of BUSINESS ASSOCIATE. Article 12: Injunctive Relief 12.1 Notwithstanding any rights or remedies provided for in this AGREEMENT, AACOG retains all rights to seek injunctive relief to prevent or stop unauthorized use or disclosure of PHI and EPHI, or other violation of the HIPAA and its Implementing Regulations, by BUSINESS ASSOCIATE, its agent(s), subcontractor(s), or other third party that received information from BUSINESS ASSOCIATE. Article 13: Indemnification; Limitation of Liability 13.1 To the fullest extent permitted by law, BUSINESS ASSOCIATE shall indemnify, defend, and save harmless AACOG, its officers, employees, members, agents, and contractors from and against all claims, liabilities, costs, and damages, including reasonable attorneys' fees and expenses of litigation, arising out of or attributed, directly or indirectly, to BUSINESS ASSOCIATE's breach of any provision of this AGREEMENT or from any negligent act or omission of BUSINESS ASSOCIATE, its officers, employees, agents or contractors. 13.2 Neither party shall be liable to the other party for any incidental, indirect, special, or consequential damages, including loss of profit, arising out of, or in connection with, this AGREEMENT whether or not such party was advised of the possibility of such damage; provided, however, that the foregoing limitations shall not apply to any third -party claims arising out of either party's indemnification obligations. Article 14: Legal Construction 14.1 In case one or more of the provisions contained in this AGREEMENT shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 14.2 Any ambiguity in this AGREEMENT shall be resolved to permit AACOG to comply with the Privacy Rule and the Security Rule. Article 15: Sole Agreement 15.1 This AGREEMENT constitutes the only agreement between the parties hereto respecting the subject matter and supersedes any prior understandings or written or oral agreements regarding same. Article 16: Resolution of Disputes 16.1 The parties shall settle any controversy or claim arising out of or relating to this AGREEMENT, or the breach thereof, by non - binding arbitration administered by the American Arbitration Association in AACOG Business Associate Agreement AACOG Form 1000 - 001 -003 Rev 9/1/10 accordance with its commercial arbitration rules. Either party may enter judgement upon an award rendered by the arbitrator in any court having jurisdiction thereof. 162 Neither party shall institute a proceeding in any court nor administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within three weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, either party may request the State District Court of Bexar County, Texas, to appoint a mediator. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to that effect and the aggrieved party may then seek relief through arbitration. 16.3 The parties shall conduct arbitration proceedings before a sole, neutral arbitrator, who shall be a member of the Bar of the State of Texas and actively engaged in the practice of law for at least ten years. The parties will conduct arbitration proceedings in San Antonio, Texas. The parties shall each bear their own cost and expenses and an equal share of the arbitrator's administrative fees of arbitration. 16.4 This AGREEMENT shall not be construed as specifying the exclusive remedies for any AGREEMENT default, but all remedies existing at law or in equity may be pursued by either party to this AGREEMENT and shall be considered cumulative. IN TESTIMONY HEREOF, the parties hereto have executed this AGREEMENT in duplicate counterparts by their duly authorized representatives. ALAMO AREA COUNCIL OF GOVERNMENTS -- DocuSigned by: By: ( 4I By: Dia p pp athC7AF4426... Executive Director Date: Date: AACOG Business Associate Agreement AACOG Form 1000 - 001 -003 Rev 9/1/10 CITY OF SCHERTZ Dr. Mark Browne City Manager DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES SYSTEM AND CONTRACTOR includes the Texas Health and Human Services Commission and the Department of State Health Services ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate access to, creation, receipt, maintenance, use, disclosure or transmission of Confidential Information with respect to the Confidential Information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. This DUA also describes This DUA applies to both HHS business_ Portability and Accountability Act (HIPAA ), and contractors who are not business associates, who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As a best practice, HHS requires its contractors to comply with the terms of this DUA to safeguard all types of Confidential Information. As of the Effective Date of this DUA, if any provision of the Base Contract conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the following meanings: Authorized Purpose means the specific purpose or purposes described in the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. Authorized User means a person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom Contractor warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. means an impermissible use or disclosure of electronic or non - electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this HHS Data Use Agreement v.8.5 October 23, 2019 1 of 11 DUA shall be presumed to be a Breach unless Contractor demonstrates, based on a risk assessment, that there is a low probability that the Confidential Information has been compromised Confidential Information means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Contractor or that Contractor may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following: (1) Education records as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (2) Federal Tax Information as defined in Internal Revenue Code §6103 and Internal Revenue Service Publication 1075; (3) Personal Identifying Information (PII) as defined in Texas Business and Commerce Code, Chapter 521; (4) Protected Health Information (PHI) in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information as defined in 45 C.F.R. § 160.103; (5) Sensitive Personal Information (SPI) as defined in Texas Business and Commerce Code, Chapter 521; (6) Social Security Administration Data, including, without limitation, Medicaid information means disclosures of information made by the Social Security Administration or the Centers for Medicare and Medicaid Services from a federal system of records for administration of federally funded benefit programs under the Social Security Act, 42 U.S.C., Chapter 7; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. Destroy for Confidential Information means: (1) Paper, film, or other hard copy media have been shredded or destroyed such that the Confidential Information cannot be read or otherwise cannot be reconstructed. Redaction is specifically excluded as a means of data destruction. (2) Electronic media have been cleared, purged, or destroyed consistent with NISI Special Publication 800 -88, "Guidelines for Media Sanitization," such that the Confidential Information cannot be retrieved. means the first day on which a Breach becomes known to Contractor, or, by exercising reasonable diligence would have been known to Contractor. of an individual, including as provided in 45 CFR 435.923 (authorized representative); 45 CFR 164.502(g)(1) (personal representative); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164 (medical power of attorney); and Texas Estates Code § 22.031 (representative). means a mandate contained in law that compels an entity to use or disclose Confidential Information that is enforceable in a court of law, including court orders, warrants, subpoenas or investigative demands. HHS Data Use Agreement v.8.5 October 23, 2019 2 of1I means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. means employees, volunteers, trainees or other persons whose performance of work is under the direct control of a party, whether or not they are paid by that party. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 3.01 Obligations of Contractor Contractor agrees that: (A) With respect to PHI, Contractor shall: (1) Make PHI available in a designated record set if requested by HHS, if Contractor maintains PHI in a designated record set, as defined in HIPAA. (2) Provide to HHS data aggregation services related to the healthcare operations Contractor performs for HHS pursuant to the Base Contract, if requested by HHS, if Contractor provides data aggregation services as defined in HIPAA. (3) Provide access to PHI to an individual who is requesting his or her own PHI, or such Legally Authorized Representative, in compliance with the requirements of HIPAA. (4) Make PHI available to HHS for amendment, and incorporate any amendments to PHI that HHS directs, in compliance with HIPAA. (5) Document and make available to HHS, an accounting of disclosures in compliance with the requirements of HIPAA. (6) If Contractor receives a request for access, amendment or accounting of PHI by any individual, promptly forward the request to HHS or, if forwarding the request would violate HIPAA, unless Contractor is Required by Law to respond or HHS has given prior written consent for Contractor to respond to and account for all such requests. (B) With respect to ALL Confidential Information, Contractor shall: (1) Exercise reasonable care and no less than the same degree of care Contractor uses to protect its own confidential, proprietary and trade secret information to prevent Confidential Information from being used in a manner that is not expressly an Authorized Purpose or as Required by Law. Contractor will access, create, maintain, receive, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. (2) Establish, implement and maintain appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, in accordance with applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as Contractor has such Confidential Information in its actual or constructive possession. (3) Implement, update as necessary, and document privacy, security and Breach notice policies and procedures and an incident response plan to address a Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Base Contract. Contractor HHS Data Use Agreement v.8.5 October 23, 2019 3of11 shall produce, within three business days of a request by HHS, copies of its policies and procedures and records relating to the use or disclosure of Confidential Information. (4) Confidential Information to any person, other than Authorized Users, Workforce or Subcontractors of Contractor who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Breach to Contractor's management and as permitted in Section 3.01(A)(3), above. Contractor shall produce evidence of completed training to HHS upon request. HHS, at its election, may assist Contractor in training and education on specific or unique HHS processes, systems and/or requirements. All of C Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources. (5) Establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. Contractor shall maintain evidence of sanctions and produce it to HHS upon request. (6) Obtain prior written approval of HHS, to disclose or provide access to any Confidential Information on the basis that such act is Required by Law, so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, Contractor shall refrain from disclosing or providing access to the Confidential Information until HHS has exhausted all alternatives for relief. (7) Certify that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose and that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. Contractor and its Subcontractors shall maintain at all times an updated, complete, accurate list of Authorized Users and supply it to HHS upon request. (8) Provide, and shall cause its Subcontractors and agents to provide, to HHS periodic written confirmation of compliance with controls and the terms and conditions of this DUA. (9) Return to HHS or Destroy Confidential Information Subcontractors on HHS's behalf upon the termination or expiration of this DUA, if reasonably feasible and permitted by law. Contractor shall certify in writing to HHS that all such Confidential Information has been Destroy or returned to HHS, and that Contractor and its agents and Subcontractors have retained no copies thereof Notwithstanding the foregoing, Contractor acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is impermissible by law, Contractor shall immediately notify HHS of the reasons such return or Destruction is not feasible and agree to extend the protections of this DUA to the Confidential Information for as long as Contractor maintains such Confidential Information. (10) Complete and return with the Base Contract to HHS, attached as Attachment 2 to this DUA, the HHS Security and Privacy Initial Inquiry (SPI) at https://hhs.texas.&Yov/laws- regulations/ forms / miscellaneous /hhs- information - security- privacy- initial- inquirv-spi. The SPI identifies basic privacy and security controls with which Contractor must comply to protect Confidential Information. Contractor shall comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential. Information Contractor creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. Contractor's HHS Data Use Agreement v.8.5 October 23, 2019 4of11 security controls shall be based on the National Institute of Standards and Technology (NISI) Special Publication 800 -53. Contractor shall update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and shall provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. (11) Comply with the HHS Acceptable Use Policy (AUP) and require each Subcontractor and Workforce member who has direct access to HHS Information Resources, as defined in the AUP, to execute an HHS Acceptable Use Agreement. (12) Only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or encryption at an appropriate level as required by rule, regulation or law. Confidential Information at rest requires encryption unless there is adequate administrative, technical, and physical security as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information shall be through secure systems. Contractor shall provide proof of system, media or device security and/or encryption to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit, or the Discovery of a Breach. HHS may also request production of proof of security at other times as necessary to satisfy state and federal monitoring requirements. Deidentification of Confidential Information in accordance with HIPAA de- identification standards is deemed secure. (13) Designate and identify a person or persons, as Privacy Official and Information Security Official, each of whom is authorized to act on behalf of Contractor and is responsible for the development and implementation of the privacy and security requirements in this DUA. Contractor shall provide name and current address, phone number and e -mail address for such designated officials to HHS upon execution of this DUA and prior to any change. Upon written notice from HHS, Contractor shall promptly remove and replace such official(s) if such official(s) is not performing the required functions. (1.4) Make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, Confidential Information in accordance with applicable laws, regulations or demands of a regulatory authority relating to Confidential Information. Contractor shall provide such information in a time and manner reasonably agreed upon or as designated by the applicable law or regulatory authority. (15) Comply with the following laws and standards if applicable to the type of' Confidential Information and Contractor's Authorized Purpose: Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; The Privacy Act of 1974; OMB Memorandum 1.7 -12; The Federal Information Security Management Act of 2002 (FISMA); The Health Insurance Portability and Accountability Act of 1996 (HIPAA); Internal Revenue Publication 1075 Tax Information. Security Guidelines for Federal, State and Local Agencies; National Institute of Standards and Technology (NISI) Special Publication 800 -66 Revision 1. An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; HHS Data Use Agreement v.8.5 October 23, 2019 5 of11 NISI Special Publications 800 -53 and 800 -53A Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; NISI Special Publication 800 -47 Security Guide for Interconnecting Information Technology Systems; NIST Special Publication 800 -88, Guidelines for Media Sanitization; NIST Special Publication 800 -111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; Family Educational Rights and Privacy Act Texas Business and Commerce Code, Chapter 521; Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that Contractor supports on behalf of HHS. (16) Be permitted to use or disclose Confidential Information for the proper management and administration of Cont limited by this DUA, the Base Contract, or law applicable to the Confidential Information, if- (a) Disclosure is Required by Law; (b) Contractor obtains reasonable assurances from the person to whom the information is disclosed that the person shall: 1. Maintain the confidentiality of the Confidential Information in accordance with this DUA; 2. Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the person; and 3. Notify Contractor in accordance with Section 4.01 of a Breach of Confidential Information that the person Discovers or should have Discovered with the exercise of reasonable diligence. (C) With respect to ALL Confidential Information Contractor shall NOT: (1) Attempt to re- identify or further identify Confidential Information that has been deidentified, or attempt to contact any persons whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS. (2) Engage in prohibited marketing or sale of Confidential Information. (3) Permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of HHS without requiring that Subcontractor first execute either the Form Subcontractor Agreement, Attachment 1 Subcontractor agreement that ensures that the Subcontractor shall comply with the same safeguards and restrictions contained in this DUA for Confidential Information. Contractor is directly responsible for its compliance with, and enforcement of, this DUA. HHS Data Use Agreement v.8.5 October 23, 2019 6 of11 ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Cooperation and Financial Responsibility. (A) mitigating to the extent practicable, and issuing notifications as directed by HHS, for any Breach of Confidential Information. (B) Contractor shall make Confidential Information pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach. (C) activity continues, until all effects of the Breach period "). Section 4.02. Initial Breach Notice. Discovery of a Breach and continues as long as related For federal information obtain ed from a federal system of records, including Federal Tax Information and Social Security Administration Data (which includes Medicaid and other governmental benefit program Confidential Information), Contractor shall notify HHS of the Breach within the first consecutive clock hour of Discovery. The Base Contract shall specify whether Confidential Information is obtained from a federal system of records. For all other types of Confidential Information Contractor shall notify HHS of the Breach not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing. Contractor shall initially report to HHS's Privacy and Security Officers via email at: privacygHHSC.state.tx.us and to the HHS division responsible for the Base Contract. Contractor shall report all information reasonably available to Contractor about the Breach. Contractor shall provide contact information to HHS for Contractor's single point of contact who will communicate with HHS both on and off business hours during the incident response period. Section 4.03 Third Business Day Notice: No later than 5 p.m. on the third business day after Discovery, or a time within which Discovery reasonably should have been made by Contractor of a Breach of Confidential Information, Contractor shall provide written notification to HHS of all reasonably available information about the Breach, and Contractor's investigation, including, to the extent known to Contractor: a. The date the Breach occurred; b. The date of Contractor's and, if applicable, Subcontractor's Discovery; c. A brief description of the Breach, including how it occurred and who is responsible (or hypotheses, if not yet determined); d. A brief description of Contractor's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f Identification of and number of all individuals reasonably believed to be affected, including first and last name of the individual and if applicable, the Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method; g. Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; h. ntractor on behalf of individuals, should take to protect the individuals from potential harm, including HHS Data Use Agreement v.8.5 October 23, 2019 7ofII protections for a Legally Authorized Representative to take on behalf of an individual with special capacity or circumstances; i. The steps Contractor has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); j. The steps Contractor has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Breach; k. Identify, describe or estimate of the persons, Workforce, Subcontractor, or individuals and any law enforcement that may be involved in the Breach; A reasonable schedule for Contractor to provide regular updates regarding response to the Breach, but no less than every three (3) business days, or as otherwise directed by HHS in writing, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and m. Any reasonably available, pertinent information, documents or reports related to a Breach that HHS requests following Discovery. Section 4.04. Investigation, Response and Mitigation. (A) Contractor shall immediately conduct a full and complete investigation, respond to the Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to HHS for incident res report and notification requirements, to the satisfaction of HHS. (B) Contractor shall complete or participate in a risk assessment as directed by HHS following a Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) Contractor shall fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, persons and/or individuals about the Breach. (D) Contractor shall fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. Section 4.05. Breach Notification to Individuals and Reporting to Authorities. (A) HHS may direct Contractor to provide Breach notification to individuals, regulators or third- parties, as specified by HHS following a Breach. (B) Contractor must comply with all applicable legal and regulatory requirements in the time, manner and content of any notification to individuals, regulators or third - parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. Notice letters will be in Contractor's name and on Contractor's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of Contractor's representative, an email address and a toll -free telephone number, for the individual to obtain additional information. (C) Contractor shall provide HHS with draft notifications for HHS approval prior to distribution and copies of distributed and approved communications. HHS Data Use Agreement v.8.5 October 23, 2019 8 of11 (D) Contractor shall have the burden of demonstrating to the satisfaction of HHS that any required notification was timely made. If there are delays outside of Contractor's control, Contractor shall provide written documentation to HHS of the reasons for the delay. (E) If HHS directs Contractor to provide notifications, HHS shall, in the time and manner reasonably requested by Contractor, cooperate and assist with Con order to make such notifications. ARTICLE 5. GENERAL PROVISIONS Section 5.01 Ownership of Confidential Information Contractor acknowledges and agrees that the Confidential Information is and shall remain the property of HHS. Contractor agrees it acquires no title or rights to the Confidential Information. Section 5.02 HHS Commitment and Obligations HHS will not request Contractor to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. Section 5.03 HHS Right to Inspection At any time upon reasonable notice to Contractor, or if HHS determines that Contractor has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and agent(s) include, without limitation, the HHS Office of the Inspector General, the Office of the Attorney Section 5.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which Contractor executes the Base Contract and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended, this DUA is extended to run concurrent with the Base Contract. (A) If HHS determines that Contractor has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require Contractor to submit to a corrective action plan, including a plan for monitoring and plan for reporting as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide Contractor with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options, HHS will provide written notice to Contractor describing the violation and the action it intends to take. (B) If neither termination nor cure is feasible, HHS shall report the violation to the applicable regulatory authorities. HHS Data Use Agreement v.8.5 October 23, 2019 9ofII (C) The duties of Contractor or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destro e or returned to HHS, as required by this DUA. Section 5.05 Iniunctive Relief (A) Contractor acknowledges and agrees that HHS may suffer irreparable injury if Contractor or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) Contractor further agrees that monetary damages may be inadequate to compensate HHS for Contractor's or its Subcontractor's failure to comply. Accordingly, Contractor agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 5.06 Indemnification Contractor shall indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other Workforce all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by Contractor or its employees, directors, officers, Subcontractors Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure. Upon demand, Contractor shall reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including costs of required notices, investigation, and mitigation of a Breach, fines or penalties imposed upon any Indemnified harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 5.07 Insurance (A) In addition to any insurance required in the Base Contract, at HHS's option, HHS may require Contractor to maintain, at its expense, the special and /or custom first- and third -party insurance coverages, including without limitation data breach, cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and noncontributory status. (B) Contractor shall provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. Section 5.08 Entirety of the Contract This DUA is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. HHS Data Use Agreement v.8.5 October 23, 2019 10 of 1.1. Section 5.09 Automatic Amendment and Interpretation Upon the effective date of any amendment or issuance of additional regulations to any law applicable to Confidential Information, this DUA will automatically be amended so that the obligations unposed on HHS and/or Contractor remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and Contractor to comply with laws applicable to Confidential Information. Section 5.10 Notices; Requests for Approval All notices and requests for approval related to this DUA must be directed to the HHS Chief Privacy Officer at privacy�hhsc. state .tx.us. HHS Data Use Agreement v.8.5 October 23, 2019 11 of 1.1. ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM HHS CONTRACT NUMBER The DUA between HHS and Contractor establishes the permitted and required uses and disclosures of Confidential Information by Contractor. Contractor has subcontracted with (Subcontractor) for performance of duties on behalf of CONTRACTOR which are subject to the DUA. Subcontractor acknowledges, understands and agrees to be bound by the same terms and conditions applicable to Contractor under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. Contractor and Subcontractor agree that HHS is a third -party beneficiary to applicable provisions of the subcontract. HHS has the right, but not the obligation, to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. Contractor and Subcontractor assure HHS that any Breach as defined by the DUA that Subcontractor Discovers shall be reported to HHS by Contractor in the time, manner and content required by the DUA. If Contractor knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by Subcontractor that constitutes a material breach or violation of the DUA or the Subcontractor's obligations, Contractor shall: 1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with Subcontractor, if feasible; 3. Notify HHS immediately upon Discovery of the pattern of activity or practice of Subcontractor that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps Contractor is taking to cure or end the violation or terminate Subcontractor's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR DocuSigned by: BY: BY: 575164BC7AF4426_ NAME: TITLE: DATE NAME: TITLE: 120. DATE HHS Data Use Agreement v. 8.5 APPLICATOW PAGE 5 Attachment A Area Agencies on Aging Alamo Area Council • Governments gaMLa��� Mark Browne -------------- - , hereby attest that I have read and understand the above terms for conducting bysin"s with the Alamo Area Council of Governments. Company Name: City of Schertz dba- Company Address: 1400 Schertz Parkway City, State, Zip Code: Schertz, TX 78154 Telephone Number: 210-619-1000 Fax Number: 210-619-1029 Representative Name: Mark Browne Representative Phone Number & Email Address: 210-619-1000 mbrowne@schertz.com Website Address: www.schertz.com AACOG/ AAA Services Application FY 2022 Revised 4.2020 Please check the service(s) for which you are applying: 1. Choose which Gs ■Atascosa Guadalupe ■ Wilson 2. Type of Request: ■ New Contractor I'll I - a • 6 Uff =470TROMIN unty(les) you are applying for: EJ Bandera Eil] Bexar [9 Comal El Frio El Gillespie E] Karnes El Kendall L3 Kerr El McMullen El Medina E] All Counties ❑ Update information I Renewal 3. Ownership: Sole Proprietorship E] Partnership E] Corporation Governmental Agency [:1 Non-Profit * D Other *Non-profit organizations are not eligible for HUB certification 4. Have you done business with AACOG in the past? # Yes F-1 No 7. Is your principal place of business in the State of Texas? X Yes E] No 8. Is your organization delinquent on State of Texas Franchise taxes? D Yes F91 No AACOG/AAA Services Application FY 2022 Revised 4.2020 ii1- -Ir# 17, 11 =-, - 90-?#TTr M. rom nt F-TV TIU MI, Certification / Licensq N/A State or federal agencies that license and/or regulate your services: "Please attach a copy of any application certifications and license. AACOGIAAA Services Application FY 2022 Revised 4.2020 W I - UqetNi it , - L OK 4�V I I, I : Mr.= MR Note: AFkCOG/AAA understands that the cost for some of the services will vary depending on the need of the client and/or on a case-by-case basis. T-roposed Service : Minimum required number of units per I day, if any: Service area you are able to cover Schertz Area including Bexar, Guadalupe, and Comal counties. (Please be specific in describing your Schertz, Ciblo, Selma, Garden Ridge, Universal City & Marion service area�__ Do you have a state contract for a similar service, if so what is the rate: Unit Proposed Rate/Cost: $3.80 Justification of the difference between the lqpqseq_rqte and the state rate: List actual private rate and any $4.15 private rate I discounted rate given to agency $3.80 AACOG grant rate '"'Ou 9d"' ' separately: (See Explanation of Title III E Funds $0.35 City of Schertz match Match Will you offer your discounted rate to Yes clients after it services end at the AAA? Proposed Service: Minimum required number of units per _La , if and:__,_ Service area you are able to cover (Please be specific in describing your service area): Do you have a state contract for a similar service, if so what is the rate: Unit Proposed Rate/Cost: Justification of the difference between the os rate and the state rate: -P —r9 List actual private rate and any discounted rate given to agency separately: (See Explanation of Title III E Funds Match L_ Will you offer your discounted rate to clients after it services end at the AAA? WOG/AAA Services Application FY 2022 Revised 4.20:L1 AACOG/ AAA Services Application FY 2022 Revised 4.2020 FaM W9 (Rev. October 2018) U0901 Request for Taxpayer Identification Number and Certification son 110� Go to wwwJnLgov1FdrwW9 for Instructions and the latest Information. MiJazie —ismaLfIred'o"i itils —11-ie: do —Tot183V9 '415 -I!Te *_)a_T*. 3 Check apopiate ox for fedel classification of the person whose name is entered on line 1. Check only one of the 1 4 Exemptions (codes apply only to an following seven boxes. certain entities, not individuals; see instructions on page 3). .0 E IL CL lip GO 4) Individuatlooki proprietor m D C Corporation D 8 Corporation D Partnership Trust/estate single-member LLC i � Exempt payee code (if any) 3 Unnited liability company. Enter the tax classification (C=C corporation, S--S corporation, P=Partnership) 110. — Note; Check the appropriate box in the line above for the tax classification of the g. ,,e owner. Do not L Lj. LLC if the ULC Is classified as a single-member LLC that Is disregarded from the owner unless the owner al 1h s another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC tha; Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. Other (see instructions) IP, Munici ! — - - ------- ..... .... . K"as to Me V.Sa Z= ,jrML 01� Certificate of Coverage TMLIRP Contract Number: 18491 Member: Company Affording Coverage: Schertz Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Ms. Nancy Tumlinson PO Box 149194 Risk & Safety Specialist 1400 Schertz Pkwy Schertz, Texas 78154 -1634 Austin, TX 78714 -9194 (512) 491 -2300 or (800) 537 -6655 Fax: (512) 491 -2404 Certificate Holder: Alamo Area Council of Governments 8700 Tesoro Drive, Suite 160 San Antonio, Texas 78217 This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. General Liability Effective Date: 10/1/2020 Real & Personal Property Effective Date: Anniversary Date: 10/1/2021 Anniversary Date: Limits of Liability (Each Occurrence): $1,000,000 Limits of Coverage: Sudden Events Involving Pollution (Each Occurrence): $1,000,000 Deductible per Occurrence: Mobile Equipment Effective Date: Annual Aggregate: $2,000,000 Deductible per Occurrence: $2,500 Anniversary Date: Limits of Coverage: Law Enforcement Liability Effective Date: Anniversary Date: Deductible per Occurrence: Boiler & Machinery - Broad Form Effective Date: Limits of Liability (Each Occurrence): Annual Aggregate: Anniversary Date: Deductible per Occurrence: Per Accident Limit: Deductible per Occurrence: Errors and Omissions Liability Effective Date: 10/1/2020 Yes No Anniversary Date: 10/1/2021 Limits of Liability(Each Wrongful Act): $1,000,000 Mortgagee Annual Aggregate: $2,000,000 Loss Payee Deductible per Occurrence: $5,000 Loan Number: Auto Liability Effective Date: 10/1/2020 Year /Make /Model VIN Value Anniversary Date: 10/1/2021 Limits of Liability (Each Occurrence): $1,000,000 Deductible per Occurrence: $1,000 Auto Physical Damage Effective Date: 10/1/2020 Anniversary Date: 10/1/2021 Limits of Liability: ACV or Agreed Value as scheduled Collision Deductible: $1,000 Comprehensive Deductible: $1,000 Yes No Loan Number: Loss Payee: X DESCRIPTION: Confirmation of coverage for the City of Schertz's "Seniors Congregate Meals Program ". Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative: Louis Canales Date Issued: - (2 - 10/29/2020 X102 2/10/2015 Certificate of Coverage TMLIRP Contract Number: 77P491 Member: Company Affording Coverage: Schertz Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Ms. Nancy Tumlinson PO Box 149194 Risk & Safety Specialist Austin, TX 78714 -9194 1400 Schertz Pkwy (512) 491 -2300 or (800) 537 -6655 Schertz, Texas 78154 -1634 Fax: (512) 491 -2404 Certificate Holder: Alamo Area Council of Governments 8700 Tesoro Drive, Suite 160 San Antonio, Texas 78217 This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms, exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. Workers' Compensation Effective Date: 10/1/2020 Anniversary Date: 10/1/2021 Limits of Liability: Statutory DESCRIPTION: Confirmation of coverage for the City of Schertz's "Seniors Congregate Meals Program ". Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative: Louis Canales 4 :. , Date Issued: 10/29/2020 X119 2/10/2015 RESOLUTION NO. 21 -R -115 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS TO RECEIVE FEDERAL FUNDING FOR THE SCHERZ AREA SENIOR CENTER CONGREGATE MEAL PROGRAM. WHEREAS, the Alamo Area Council of Governments provides federal funding through the Area Agency on Aging for congregate meal programs for seniors; and WHEREAS, the City of Schertz has to apply to be a provider to the Alamo Area Council of Governments each year to receive federal funding; and WHEREAS, the City of Schertz has been approved as a provider by the Alamo Area Council of Governments and needs to enter into an interlocal agreement to receive funds. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager of the City of Schertz, Texas to enter into an interlocal agreement with the Alamo Area Council of Governments, set forth as Exhibit A, in order to receive federal funding for the Schertz Area Senior Center congregate meal program. 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 26h day of October, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A 50234811.1 A -1 Agenda No. 7. ei Olum City Council October 26, 2021 Meeting: Department: Planning & Community Development Subject: Ordinance No. 21 -s -42 - Consider and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone 1.373 acres of land from Pre- Development District (PRE) to Single - Family Residential/ Agricultural District (RA), generally located 750 feet east of the intersection between Trainer Hale Road and FM 1518, 9049 Trainer Hale Road, also known as Bexar County Property Identification Number 310238, City of Schertz, Bexar County, Texas. Final Reading) (B. James /L. Wood /M. Harrison) BACKGROUND The applicant is proposing to rezone approximately 1.373 acres of land from Pre - Development District (PRE) to Single- Family Residential /Agricultural District (RA). The property is generally located 750 feet east of the intersection between Trainer Hale Road and FM 1518, 9049 Trainer Hale Road. Seven (7) public hearing notices were mailed to the surrounding property owners within two hundred feet (200') of the subject property on August 27, 2021, with a public hearing notice published in the "San Antonio Express" on September 27, prior to the City Council public hearing. At the time of this report Staff has received zero (0) responses in favor and one (1) responses opposed to the zoning request. One resident spoke during the public hearing, Richard Bassett, 9058 Trainer Hale Road. He was concerned with the effects of the rezone and the surrounding properties and their uses. GOAL The project goal is to rezone the subject property from Pre - Development District (PRE) to Single- Family Residential /Agricultural District (RA) in order to allow the owner to add accessory structures and /or build a new home. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the Southern Schertz Sector Plan, designates this subject property as Estate Neighborhood. The objective of the Estate Neighborhood land use designation is intended to address residential development patterns within the RA zoned property within. South Schertz. The goal within this Land Use /Character area is to incentivize an alternative development outcome with more flexibility in lot size. • Comprehensive Plan Goals and Objectives: The proposed rezoning of the property to Single - Family Residential/ Agricultural District (RA) is in conformance with the goals and objectives of the Comprehensive Plan; the proposed zone change supports the large lot and character of the Estate Neighborhood land use designation. • Impact of Infrastructure: The proposed rezoning should have minimal impact on the existing water system, there is a City of Schertz water line that runs along the frontage of the property. The property currently does not have sanitary sewer infrastructure in place. There is an active OSSF system in place. • Impact of Public Facilities /Services: The proposed rezoning should have minimal impact on public services, such as schools, fire, police, parks, and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is surrounded by several parcels of equal size that are zoned Pre - Development District (PRE). The rezoning of this property is compatible with the Comprehensive Land Use Plan of Estate Neighborhood as it maintains the large lot and character of the land use designation. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on September 8, 2021 and offered a recommendation of approval with a 7 -0 vote for the rezone of the 1.373 acres of land from Pre - Development District (PRE) to Single - Family Residential /Agricultural District (RA). Staff recommends approval of Ordinance No. 21 -S -42 on final reading for the rezone of 1.373 acres of land from Pre - Development District (PRE) to Single- Family Residential /Agricultural District (RA). ORDINANCE NO. 21-S-42 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.373 ACRES OF LAND TO SINGLE - FAMILY RESIDENTIAL /AGRICULATURAL DISTRICT GENERALLY LOCATED 750 FEET EAST OF THE INTERSECTION OF TRAINER HALE ROAD AND FM 1518, 9049 TRAINER HALE ROAD, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBS 310238, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 1.373 acres of land located 750 feet east from the intersection of Trainer Hale Road and FM 1518, also known as Bexar County Property Identification Number 310238, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on September 8, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on October 12, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE ORDAINED 1 : SCHERTZ, TEXAS: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Single - Family Residential /Agricultural District. Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 12th day of October, 2021. PASSED, APPROVED AND ADOPTED on final reading the 26th day of October, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) h :C. aJla A i+ :�i Ii0 &I nL 0 S vU. 0 W �A �j 0 Q gay 4 Lam Stop LdBEB R Ho WI SITE t s� �e s RTZ r - " -L .... TRNER NILE 1d `• `�iL c 3 \ Way 90 E. . 1 LEGEND- E11151 - -- - - - - -- EXISTING oT" 7i �1' RX JOSE 1. CARMONA Notary Public. State Cf 1GxGC Ny CORD. Exp. 05/20/2002 r ANY CP S AIMETA Y LOSS RESULTING FRO, NIa IFICAT1ON5 REQUIRED OF CPS EDUIPMERT. LOCATED WITHIN SAID EASEMENT GIE TO GRADE CHANGES OR GROXMI ELEVATION ALTERATIPNS SHALL BE CHANGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES aR GROU ND ELEVATION ALTERATION. THIS RAT DOES NOT REND. ALTER. RELEASE Of OTHERWISE UTECT AIR EXISTING ELECTRIC. GAS. VAT". SEWER. DRAIMACk. TELEPHONE- CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE I;Fy ELEC. -- - -- - -- ELECTRIC JOE EDWARD HIGLE• ' `788 .� :,... TEL. -- - - - - -- TELEPHONE CATV -- - --- -- CABLE TELEVISION SAN. SWR, - - - - - - -- SANITARY SEWER ESM'T, -- - - - - -- EASEMENT R.O•W. ---- - -- RIGHT -OF -WAY rx BLOC. -- - - - - -- BUILDING J m N.C.B. - - - - - -- NEW CITY BLOCK U v BL K. -- - --- -- BLOCK q`- °`? E,T,b CATV ESM'T. -- ELECTRIC, TELEPHONE, �, o �?CU d CABLE TELEVISION cT c, CU EASEMENT x IRON ROD FOUND m y -- IRON ROD SET >_ i {}--- FOUND CONCRETE MONUMENT ` _ 'I v�v y u Nv ca, Z_ ? a tM N c >. . Cr ce :,. O WN o �_ A tL LLJ U � WW o Cs w o X. r-1) ,:A: LOCATION_ MAP NOT TO SCALE 1.) NINE (9) SINGLE FAMILY RESIDENTIAL LOTS ESTABLISHED. 2.) MONUMENIATION FOUND OR SET AT ALL PROPERTY CORNERS. 3.)•RIGHT OF WAY STREET DEDICATION. (0.278 ACS.) SAKI A PERM WORKS INSTALI 0 SQ, LE: 1"= 100' BEARINGS BASED ON THE NORTH RIGHT -OF -WAY LINE OF TRAINER - HALE RD, NOTES: I. ROTATE BEARINGS 00'40'46' CLOCKWISE TO OBTAIN STATE PLANE COORDINATE BEARING SYSTEM. 2. STATE PLANE COORDINATES AS SHOWN HEREON WERE DERIVED FROM G.P.S. OBSERVATION AS OBTAINED FROM GEODETIX, INC. JULIAN DIAZ SURVEY N0. 66 A Me- -r M AI'\T 167 SUBDIVISION PLAT 990204 ESTABLISHING 'DRAINER HALE SUBDIVISION BEING A 14.037 ACRE TRACT OF LAND OUT OF THE JULIAN DIAZ SURVEY NO. 66, BEXAR COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN 112.59 ACRE TRACT RECORDED IN VOLUME 2162, PAGES 119 -123, DEED RECORDS OF BEXAR COUNTY, TEXAS. NOTES: 1). For residential development directly adjacent to State right of way. the Developer shall be responsible for adequate set -back and /or sound abatement measures for future noise mitigation. 2). Owner /Developer is responsible for preventing any adverse Impact to the existing drainage system within the highway right of way. 3). Maximum access points to State highway from this property will be regulated as directed by "Regulations For Access Driveways To State Highways" This property is eligible for a maximum combined total of T W 0 access point. based on overall platted accessible highway frontage of 4). IF SIDEWALKS ARE REQUIRED BY APPROPRIATE CITY ORDINANCE, A SIDEWALK PERMIT MUST BE APPROVED BY TXDOT, PRIOR TO CONSTRUCTION WITHIN STATE RIGHT OF WAY. LOCATIONS OF SIDEWALKS WITHIN STATE RIGHT OF WAY SHALL BE AS DIRECTED BY TRW. THE UNDMIGRB. COUNTY JUDGE OF RXAN COUNTY, TEXAS AND PRESIDING OFFICER R THE COMMISSIONERS COAT OF IEXAR COUNTY. DOES HEREBY CERTIFY THAT YNIE ATTACHED FLAT WAS DULY FILED WITH THE COAWNS310HER3 COURT OF BERN COUNTY. TEXAS, AM THAT AFTER EXAMINATION IT APPEARS THAT SAID PLAT IS IN COME oft WI iN THE STATUTES, RULES AND REGULATIONS GOVERNING = \,WC ��,' }`��� %11 1 Am. AND THAT THIS RAT HAS MEN APPROVED WY THE SAID ISSIOERS COURT. _ `rM.\ ,••!CL , ON THIS THE DAY tr • + * , # / ATTESTED: — \ R 00 # S..« ......................t # .t T�YY JUDGE, 8E COUNTY, TEXAS �» DAVID L.. ALLEN _ COIFUTrCI;;H. .. '1' •1�� C, Q(/ ,I '•' �1% 6607c3�p WtXAR COUNTY. TEXAS �y Tl. '• +I�'°E`sCISTE�.`� 1 ?� STATE Or IEXA% T 1 `''• f - STATE Ur TEXAS 1• COUNTY OF DEXAR COUNTY OF WLXAR Q r (j THE ODRR OF THE LAND SHOWN ON THIS PLAT IN PERM OI IOl1GIVA ORIzTTFd I HEREBY CERTIFT INAY PREFER ENGINEERING CONSIDERATION HAS GREEN GIVEN THIS RAT TD THE ApENT, DEDICATES TO THE USE Of ,FIE PUBLIC FOREVER K4 (,BEETS. EYIj FARKSi`� MATTERS OF STREETS. LUIS. AND DRAINAGE LAYOUT AND TO THE THE 0E37 OF MY KNOWLEDGE THIS WATER COUIRSES. DRAINS. EASEMENTS AN PLGILIC PLACES MEREQGrSNOGN FOR 'ha PUfrOSF RlT CONFORMS TO All REQUIREMENTS OF THE FFI�EO�ITEYELOEAENT CODE. EXCEPT FOR THOSE AND CONSIDERATION THEREIN EXPRESS. h _ .�.- VARIANCES GRANTED BY THE PLANNING COMMIS ON OF ITHE CITY . 0•M REGISTERED PROFE551 / A'L ENGINEER AL ER STATE ff TEXAS so" TO AM SUNSCRT BEFORE ME 15 THE � DAY OF :7 / A.D. IN AUTHORIZED G 1 COUNTY OF MXAR BEFORE ME rK UNMRSIOIEO AUTHORITY RS ON THIS DAY PERSONALLY APPEARED W. _649FAAF-� KNOWN TO WE TO M THE PERSON WHOSE NAME 15 SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STAY GIVEN IIOE(N�jQn HAMD AND AL OF OF�5� THIS L /DAY A.O. 1! % -/ / '��1� NOTARY MALIC IN A OR THE STATE OF iExaS c :\IMWWW \/c \27465 \27469p dpn Mw. 03, 1899 07:10.36 JJA NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS IIuuL11 1 VT A uME\IV1- J 1900 NATIONS BANK PLAZA .;300 CONVENT ST. (210)225-1000 ; -!�FfSS.* �o THIS PLAT TO TRAINER HALE SON H HAS ef>O, 0 51RMITTFD TO AMID WMMSTDIRfO B7 THE RAMMING COMM M1 pR THE Cl7T ff�ll ANTONIO, .� V R V TExA5 AND IS r APPROVED BY SUCH awl I STATE M TFRAS DATED THIS I COUNTY OF BEXAR ^ BY C BY I REMEDY CERTIFY THAT THIS PLAT IS TRITE AND CORRECT AND WAS PREPARED FROM AN AM11L '• "" S .RFT CHAIRMAN SURVEY OF THE PROPERTY MADE ON 44 CROIIIp U`- O� SUPERVISION. REC1fTERFO PROFESSIONAL LAND SIRr T MIITEC THE CITY OE SAN ANTONIO AS A PAT! OF in ELECTRIC Ale GAS SYSTEM (CITY PUBLIC SERVICE DOMAIN) SWORN TO Age SUBSCRIBED BEFORE ME THIS �DAT !Y IS ISERVI DEDICATED THE EASEMENTS AND DESIGNATED WAY HIS ELECTRIC AND GAS DISTRIBUTION ►. D. 1!� A10 SERVICE FAC Il1ilE5 IN TIME AREAS D[S[GNATED a THIS /LAY AS 'ELECTRIC EASEMENT'. 'GAS . EASEMENT'. 'ANCHOR EASEMENT'. 'SERVICE EASEMENT', 'OVERHANG EASEMENT'. 'UTILITY EASEMENT', • ANO •rRANSFORER EASEMENT• FOR THE PURPOSE IF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING. REMOV INC. INSPECTING. ►ATNDLLINC. AND ERECTING PCLFS. NANOING OR BURYING WIRES. IOIANY PUBLIC 11 AND F THE TATE OF IEXIS CABLES. COOUITS. ►IFEL IVES OR TRANSFORWAS. EACH WITH 17S NECESSARY APPURTERANCESI TOGEIHFR % WITH THE RIGHT OF INGRESS AID EGRESS OVER GRANTOR'S ADJACENT LAND. THE RIGNT TO RELOCATE SAID \ FACILITIES WITHIN SAID EASEMENT AND RIGHT -O -Way AREAS. AM THE RIGHT TO R(AOVE FROA SAID LANDS ALL TREES GR PARTS TNFRFUT. OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAT INTERFERE WITH THE EFFICIENCY O SAID LINES OR APPURTENANCES I,ERETO. IT 15 AGREED AND IDDERSTOXI THAT NO BUILD IRGS. CONCNE TE SLABS. OR WALLS WILL M RACED WITHIN SAID EASEMENT AREAS. p`rr ` %, y $ p JOSE L. CARMONA Notary Public, Stot! of TWMas Ny Cow. Exp. D5120/j002 oT" 7i �1' RX JOSE 1. CARMONA Notary Public. State Cf 1GxGC Ny CORD. Exp. 05/20/2002 r ANY CP S AIMETA Y LOSS RESULTING FRO, NIa IFICAT1ON5 REQUIRED OF CPS EDUIPMERT. LOCATED WITHIN SAID EASEMENT GIE TO GRADE CHANGES OR GROXMI ELEVATION ALTERATIPNS SHALL BE CHANGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES aR GROU ND ELEVATION ALTERATION. THIS RAT DOES NOT REND. ALTER. RELEASE Of OTHERWISE UTECT AIR EXISTING ELECTRIC. GAS. VAT". SEWER. DRAIMACk. TELEPHONE- CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE I;Fy JOE EDWARD HIGLE• ' `788 .� :,... IIuuL11 1 VT A uME\IV1- J 1900 NATIONS BANK PLAZA .;300 CONVENT ST. (210)225-1000 ; -!�FfSS.* �o THIS PLAT TO TRAINER HALE SON H HAS ef>O, 0 51RMITTFD TO AMID WMMSTDIRfO B7 THE RAMMING COMM M1 pR THE Cl7T ff�ll ANTONIO, .� V R V TExA5 AND IS r APPROVED BY SUCH awl I STATE M TFRAS DATED THIS I COUNTY OF BEXAR ^ BY C BY I REMEDY CERTIFY THAT THIS PLAT IS TRITE AND CORRECT AND WAS PREPARED FROM AN AM11L '• "" S .RFT CHAIRMAN SURVEY OF THE PROPERTY MADE ON 44 CROIIIp U`- O� SUPERVISION. REC1fTERFO PROFESSIONAL LAND SIRr T MIITEC THE CITY OE SAN ANTONIO AS A PAT! OF in ELECTRIC Ale GAS SYSTEM (CITY PUBLIC SERVICE DOMAIN) SWORN TO Age SUBSCRIBED BEFORE ME THIS �DAT !Y IS ISERVI DEDICATED THE EASEMENTS AND DESIGNATED WAY HIS ELECTRIC AND GAS DISTRIBUTION ►. D. 1!� A10 SERVICE FAC Il1ilE5 IN TIME AREAS D[S[GNATED a THIS /LAY AS 'ELECTRIC EASEMENT'. 'GAS . EASEMENT'. 'ANCHOR EASEMENT'. 'SERVICE EASEMENT', 'OVERHANG EASEMENT'. 'UTILITY EASEMENT', • ANO •rRANSFORER EASEMENT• FOR THE PURPOSE IF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING. REMOV INC. INSPECTING. ►ATNDLLINC. AND ERECTING PCLFS. NANOING OR BURYING WIRES. IOIANY PUBLIC 11 AND F THE TATE OF IEXIS CABLES. COOUITS. ►IFEL IVES OR TRANSFORWAS. EACH WITH 17S NECESSARY APPURTERANCESI TOGEIHFR % WITH THE RIGHT OF INGRESS AID EGRESS OVER GRANTOR'S ADJACENT LAND. THE RIGNT TO RELOCATE SAID \ FACILITIES WITHIN SAID EASEMENT AND RIGHT -O -Way AREAS. AM THE RIGHT TO R(AOVE FROA SAID LANDS ALL TREES GR PARTS TNFRFUT. OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAT INTERFERE WITH THE EFFICIENCY O SAID LINES OR APPURTENANCES I,ERETO. IT 15 AGREED AND IDDERSTOXI THAT NO BUILD IRGS. CONCNE TE SLABS. OR WALLS WILL M RACED WITHIN SAID EASEMENT AREAS. p`rr ` %, y $ p JOSE L. CARMONA Notary Public, Stot! of TWMas Ny Cow. Exp. D5120/j002 oT" 7i �1' RX JOSE 1. CARMONA Notary Public. State Cf 1GxGC Ny CORD. Exp. 05/20/2002 LUIS P. LOPEZ Nptpfy PUbI iC. StOIW Of TWYpS Zo.lor By Cow. Exp, 04106/03 ANY CP S AIMETA Y LOSS RESULTING FRO, NIa IFICAT1ON5 REQUIRED OF CPS EDUIPMERT. LOCATED WITHIN SAID EASEMENT GIE TO GRADE CHANGES OR GROXMI ELEVATION ALTERATIPNS SHALL BE CHANGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES aR GROU ND ELEVATION ALTERATION. THIS RAT DOES NOT REND. ALTER. RELEASE Of OTHERWISE UTECT AIR EXISTING ELECTRIC. GAS. VAT". SEWER. DRAIMACk. TELEPHONE- CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW. Bexar County Plat Book 9545 Page 20 MACINA, BOSE, COPELAND k ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 415 Breesport Drive, Son Antonio, Texas 70216 27469 STATE OF TEXAS COUNTY OF BEXAR I. ��CERTIFY IC000HT THIS WAS FILED FOR RECORD IN MIT OFFICE ON THE &�, DAY OF Dr— A.D. 19 ATi.1i %% M. AND DLAT RECORDED THE UCAT OF PIZ A. a. 19 AT �T /� Y, IN THE RECORDS OF S #- ¢ , IF SAID COUNTY, IN 8004 VOLUME ON PAGE IN TESTIMONY WHEREOF. WITNESS MY NAND AND OFFICIAL SEMI Oi OF MIS tol- DAY OF 0r-T. . A.D. 11 �Syt1 tlp� COUNTY CLERK. KX c TEXAS * fi BY: . -WEn1TT •�,+ ��U / / / / / /"�JJJ��� \ \ \�����`111,`'. EGYKit.\ / / c / o / C° P O 4 ....E G 0 J H E 5P \ As / / / \ SCALE: 1" =100' D 100 50 0 100 LOCATION MAP NOT TO SCALE - EXISTING ZONING (PRE DEVELOPMENT) — — PROPOSED ZONING (RESIDENTIAL AGRICULTURAL) / \ 200 -FT NOTIFICATION BOUNDARY 0 PROPERTY # SEE TABLE FOR ADDITIONAL INFORMATION /may/ / ♦y \ / \ O V Ps;UOSTPRAL (FDEFA'NEDANWXAT! 4 RiNUK7 #TIA1 PRE [*vufJpwAr.. 5 RE S.NNPAI PRS emFI2apSAT 1 €iE�A112iC.t AIiE A StFEtl"EfT'iY €Nt t7F,(N511UN SUBDI'All,N PROPERTY RECCIRSPIN €, NAME OWNER NAME PROP €R I fADDIAS3 IDffi I NFORAMUON €RANDAHAkE 4114 TRAINER TEAM RD iWt)7'ISNSN CAPC1„*„UO2A SS"fulix78ks4 3ibalb VGL9545YSi61 VPAKNF'"Atl "763 }MANERRIPF(R) aC,°,tiL.Yt'74FJN SHAWEIRANEIMAR0 4(h'mu 1%785154 310017 L+.L954 P621 OREARLE ISARV 7113(91 A415taN WA NJE1'1plo SCREW iN 7flfla 31007ft SOL a4iM1R[,. Cfa?+; TRAINtNWALE STRIIN1R e IAEF RD atPONISKIN BASSETT PECWARD Eire fClkl:RkT Tx7RV'.u€ 11"'3:9 Vot "A" RD ' 21 rRAuS6R HAIL SK NE7'DCi.I4ElY"A 9011 MAN£F tIAuSO ak80EAISWIN Skt'NER IQlR6Lkitl 1 SOAR8F T#7&2_14 - 1IRAID vole MS PC, 33 e<� 67 y LANDI'PU7ENEIAk DEWL(l' WIN A,WNIFSNP 1t£NSh?ANN N6HPd >,Y 118841. TRAINER HALF ED '!,m t12+94P"x... \\....... �' 4 6/ j 1 DEAIIAPNENT"ANNt (G.IEA YE£7 eRurm nom N'Bf 'M FAE411'e FR scorn4u 745154 334}74 1417.&3425 676 0A ACREAGE SUMMARY �6 EXISTING 1.373 AC PRE— DEVELOPMENT ZONING \ T Qt, NOTE: NO 100 YR FLOOD PLAIN EXISTS ON THE PROPERTY AS DEFINED BY BEXAR ,Ay / 682 ,3y / COUNTY, TEXAS COMMUNITY PANEL NUMBER 48029C0315F, AS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, EFFECTIVE DATE / SEPTEMBER 29, 2010. / RE / / 0 ld� 07 / / / OWNER /DEVELOPER: ROLLAUER BOGUSLAW J & BARABARA 9049 TRAINER HALE RD SCHERTZ, TX 781544517 ENGINEER: KLOVE ENGINEERING KEVIN W. LOVE, P.E. 22610 US HWY 281 N STE 204 SAN ANTONIO, TX 78258 210 -485 -5683 z III I lid 41012:1111;w6j: t i LI , 111117011:1111:1111111 111 11 may return the reply form below prior to the first public hearing date • mail • personal delivery to mharr[�' �.z.com, If you have any questions please feel free to call Megan Harrison, Planner directly at (210) 619-1781. Sincerely, I am: in favor of ■ opposed to I -L?mo FJ • neutral to 0 COMMENTS: NAME: SIGNATURE (PLEASE PRINT) STREET ADDRESS: DATE: A" R Agenda No. 8. ei 10um City Council October 26, 2021 Meeting: Department: Planning & Community Development Subject: Ordinance No. 21 -s -43 - Consider and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 45 acres of land from General Business District (GB) to Manufacturing Light District (M -1), generally located approximately 1,300 feet east of Friesenhahn Lane and 450 feet north of IH -35 access road, also known as Comal County Property Identification Numbers 150166 & 81285, City of Schertz, Comal County, Texas. (Final Reading) (B. James /L. Wood /M. Harrison) BACKGROUND The overall property is approximately 45 acres of land including 6.011 acres which is currently General Business District (GB) and the remaining 36.474 acres is Manufacturing Light District (M -1). The proposed rezone from General Business District (GB) to Manufacturing Light District is only for the 6.011 acre portion. There will be a remaining 2.565 acre tract of land that abuts IH -35 that will remain zoned General Business District (GB). The notice that was published was the for the entire 45 acre tract of land to be rezoned to Manufacturing Light District (M -1). However, after further review and discussion it was determined that only 6.011 acres of land needed to be rezoned from General Business District (GB) to Manufacturing Light District (M -1) as the rest of the acreage exists as Manufacturing Light District (M -1). If approved then this would result in the entire tract of land being under one zoning district. Four (4) public hearing notices were mailed to the surrounding property owners within two hundred (200) feet of the subject property on August 10, 2021, with a public hearing notice published in the "San Antonio Express" on September 27, prior to the City Council public hearing. At the time of this staff report Staff has received zero (0) responses in favor or opposed to the zoning request. GOAL The project goal is to rezone the subject property from General Business District (GB) to Manufacturing Light District (M -1) in order to allow the owner to develop the property with an office /warehouse type development. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision for future growth. [. 16 111 11 11 1 1 "I The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of the Commercial Campus land use designation. The objective of the Commercial Campus land use designation is to accommodate light manufacturing or flex office uses set in a campus like environment located at mid -block locations. Due to the location of the property the rezone is taking place 450 feet north of the frontage of 35. Therefore, the acreage that remains adjacent to IH 35 will maintain the General Business District (GB) zoning. The rezone captures the intent of the land use designation of keeping the office retail along the highway and placing the industrial uses in the rear of the property. • Comprehensive Plan Goals and Objectives: The proposed rezoning of this property to Manufacturing Light District (M -1) is consistent with the Comprehensive Land Use Plan as the industrial use is being maintained at the rear of the property and they are preserving the General Business District (GB) zoning on the frontage of 35. • Impact of Infrastructure: The proposed rezoning should have minimal impact on the existing water system. The property will be serviced by an 8 inch water line that will stubbed for future development. The property currently does not have sanitary sewer infrastructure in place; however, there is sewer to the north of the property that would be closet to tap into. If the proposed zone change is approved, the applicant would be required during the development process to make any infrastructure improvements deemed necessary. • Impact of Public Facilities /Services: The proposed rezoning should have minimal impact on the public services, such as schools, fire, police, parks, and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by several parcels such as Sysco, Amazon Distribution Center, and undeveloped lots that are zoned General Business District (GB) or Manufacturing Light District (M -1) which is compatible with the proposed rezone of this site. RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on September 22, 2021, and offered a recommendation of approval with a 6 -0 vote for the rezone of the 6.011 acres to Manufacturing Light District (M -1). As mentioned in the background after the Planning and Zoning Commission meeting, staff determined that the rezone was only needed for the 6.011 acres. Therefore, 42.485 acres of land will be zoned Manufacturing Light District (M -1) and then there will be 2.565 acres that abut IH -35 that will remain General Business District (GB), which consists of the total 45 acres. Staff recommends approval of Ordinance No. 21 -S -43 on final reading to rezone the 6.011 acres of land to Manufacturing Light District (M -1). Attachments Ord. No. 21 -S -43 Aerial Map Zoning Exhibit Rezone Exhibit Draft Exhibit SAOne ORDINANCE NO. 21-S-43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 6.011 ACRES OF LAND TO MANUFACTURING LIGHT DISTRICT, GENERALLY LOCATED 1,300 FEET EAST OF FRIESENHAHN LANE AND 450 FEET NORTH OF I11-35, ALSO KNOWN AS COMAL COUNTY PROPERTY IDENTIFICATION NUMBERS, 150166 AND 81285, COMAL COUNTY, TEXAS. WHEREAS, an application to rezone approximately 6.011 acres of land located 1,300 feet east of Friesenhahn Road and 450 feet north of II1 -35, also known as Comal County Property Identification Numbers 150166 and 81285, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on September 22, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on October 12, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Manufacturing Light District (M -1). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 12th day of October, 2021. PASSED, APPROVED AND ADOPTED on final reading the 26th day of October, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) U z z O N I 00 N I d N O O N D U W D U) / c� 0 / 00 � N � I � N ..rn N d- Z ON p I -J 04 z� •• ACREAGE SUMMARY PROPERTY NO. 4 EXISTING: 36.474 AC M -1 ZONING, 6.011 AC GB ZONING PROPERTY NO. 4 PROPOSED: 42.485 AC M -1 ZONING, 2.565 AC GB ZONING NOTE: NO 100 -YEAR FLOOD PLANE EXISTS ON THE PROPERTY AS DEFINED BY THE COMAL COUNTY, TEXAS COMMUNITY PANEL NUMBER 48091CO440F, AS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, EFFECTIVE DATE: SEPTEMBER 2, 2009 0 100 200 400 600 Now GRAPHIC SCALE IN FEET 1 " = 200' / I I I I N 59 °21'59" E 986.54' EXISTING ZONING: M -1 EXISTING ZONING: GB 1 I N W I AREA OF PROPOSE[ / �o M--1 ZONINGS �" Ln U' I S 59 °21'16" W 713.36' S 60 °05'31" W 333.46' I I I 0 / 2 200 -FOOT NOTIFICATION AREA PROPERTY INFORMATION PROPERTY LAND USE ZONING SUBDIVISION OWNER PROPERTY PROPERTY RECORDING # NAME NAME ADDRESS ID INFORMATION 1 VACANT M -1 N/A MARCANRONIO 181 FRIESENHAHN 398729 DOC. NO. 201106034921 ENTERPRISE, LLC SCHERTZ, TEXAS 2 VACANT GB N/A DTLC INVESTMENTS, LLC 23201 IH 35 N SCHERTZ, TEXAS 81275 DOC. NO. 202006013466 LACK'S 23755 IH 35 N 3 VACANT GB SUBDIVISION PAYEZ LLC SCHERTZ, TEXAS 150166 DOC. NO. 201906032650 4 ACCESS ROAD & GB N/A SAN ANTONIO ONE NOT 81285 VOL. 803, PG. 781 UNDEVELOPED LAND LIMITED PARTNERSHIP POSTED v (PROJECT LOCATION( 0 COMAL COUNTY, TEXAS VICINITY MAP (1 "= 2,000') SUBJECT PROPERTY LINE — EXISTING ZONING LINE 200' NOTIFICATION BOUNDARY AREA TO BE CHANGED FROM GB TO M -1 (6.011 ACRES) PROPERY NUMBER (SEE TABLE FOR ADDITIONAL INFORMATION) OWNER: SAN ANTONIO ONE LIMITED PARTNERSHIP 2111 WOODWARD SUITE 910 DETROIT, MICHIGAN 48201 PH: 469 -877 -4165 CONTACT: ALYN THOMAS ENGINEER: PACHECO KOCH, INC. 8701 N. MOPAC EXPRESSWAY, SUITE 320 AUSTIN, TEXAS 78759 PH: 512 - 485 -0831 CONTACT: CLAYTON STROLLE SURVEYOR: PACHECO KOCH, INC. 7557 RAMBLER ROAD, SUITE 1400 DALLAS, TEXAS 75231 PH: 972- 235 -3031 CONTACT. LUIS M. GONZALEZ O'Drim mom ei 1011W City Council October 26, 2021 Meeting: Department: Planning & Community Development Agenda No. 9. Subject: Ordinance No. 21 -s -44 - Consideration and or /action to approve an Ordinance by the City Council of the City of Schertz, Texas to amend the Schertz Code of Ordinances, Unified Development Code (UDC), Article 5, Subsection 21.5.8 Permitted Use Table, to add "Aggregate Extraction ". (Final Reading) (B. James /L. Wood /M. Harrison) Per Section 21.5.8.C.3 of the Unified Development Code (UDC), "It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC." Staff was approached by a property owner about a use that involved removing significant amounts of soil from a property and taking in additional soil on the property. Essentially, selling dirt that is desirable for construction and taking soil that is not desirable for construction. The use is not listed in the UDC, so staff is proposing an amendment to the table of uses to add this use and indicate in which districts it is allowed. Although not directly addressing the proposed UDC amendment, the property owner who prompted this has provided materials they have asked to be included in the packet to explain how this type of operation might work. Aggregates are any commonly recognized as construction material such as stone, crushed and broken limestone, crushed and broken granite, other types of crushed and broken stone, construction sand and gravel, industrial sand, dirt, soil, or caliche. Staff would define Aggregate Extraction as, the removal of stone, sand, gravel, dirt, soil or caliche or the addition of those materials. GOAL The project goal is to add, Aggregate Extraction, to the list of uses within the permitted use table, 21.5.8 and determine in which districts it is permitted by right, with a Specific Use Permit (SUP) or not allowed. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. In making a recommendation as to which districts should allow Aggregate Extraction, staff considers similar uses in the UDC, in particular those where dust and noise would be created by the heavy equipment such as at a Concrete /Asphalt Batching Plant, which is only allowed in the Manufacturing Heavy District (M -2) and it requires an SUP. This type of business, Aggregate Extraction, would have the same concerns such as the dust created with the removal of all natural vegetation and topsoil, as well as the noise from the heavy equipment that is used on site. Aggregate Extraction would be different in that there will not be equipment to crush rock or materials or manufacture cement or asphalt which is noisy. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on September 22, 2021, at this meeting the Planning and Zoning Commission felt that the Aggregate Extraction should be allowed within the Manufacturing Light District (M -1) and Manufacturing Heavy District (M -2) with the approval of a Specific Use Permit (SUP). In doing this it would allow the Commission and City Council the opportunity to see the proposed layouts, plans, and decide if the location is compatible with the surrounding land uses. After the discussion the Planning and Zoning Commission offered a recommendation of approval with a 6 -0 vote to amend the permitted use table to allow Aggregate Extraction with an SUP. The City Council conducted a public hearing on October 12, 2021. At this meeting the City Council felt that the Aggregate Extraction should be allowed within the Manufacturing Heavy District (M -2) with a Specific Use Permit (SUP). After the discussion the City Council made a recommendation of approval with a 6 -1 vote to amend the permitted use table to allow Aggregate Extraction in Manufacturing Heavy (M -2) with a Specific Use Permit (SUP). Attachments Ord. No. 21 -S -44 Property Owner Request ORDINANCE NO. 21-S-44 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 5, SECTION 21.5.8 PERMITTED USE TABLE; SPECIFICALLY TO ADD AGGREGATE EXTRACTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on September 22, 2021, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 12, 2021 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. 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. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 12th day of October, 2021. PASSED, APPROVED AND ADOPTED on final reading the 26th day of October, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) ;� [ i?�t�s, �' �` srkacri :.n��p— rca�r�:c�$�,:c ©r�7t ��.,yJ.., ova ���� �. H�,� ti�v� , 1 :� r..n�`rsx�I et-o —. ,3, r.,�z m�__��.8�t: $:�,. ,ate e" r.� .�.l..l�*..ic���= }'t....... _ �, DEPARTMENT OFTHIE AIR FORCE UORDAIRELASEVVU,M3 Ohl" ar H- 9 July2)2i MEMORANDUM FOR = OF SCHERTZ d. In order to mitigate potental inteddence with.. eaistmg JBSA operatonal systems, please coordinate w rfh, 542 CS Sp ectnma Manager pior to use of any Spectm dependmt systems ( e_ two -way aadaa co cations, or any type: of wue&ess tedmologies) dining construction If applicable, coordmatLon as also requested by facility mser prior, to instauado&use of any Spectrum dependent come emial or manufactunng CTUPInent- I The items pmamttd above we efforts to enhmre the safety of the cmismuntly and nummmze: impacts due to the proximity of low flying aircraft hupropedymmaged&velopmentmzycrcabe umnecessary msk to baffi the comwmty and #Eight opmtow as well as affect the overall capaInlity of the mahtary at this location. Buchholtz Property General Nature and Scope of Proposed Dirt Excavation Project There will be a 5 ft. dirt berm built around the entire excavation site. "No Trespassing, Open Excavation" signs will be posted around the excavation site. There will be a 50 ft. buffer zone around the perimeter of the property. This zone will hold the 5 ft. dirt berm and contain native grasses to assist in handling storm water runoff. onsite. Excavation would begin on the eastern side of the property roughly following the highlighted yellow line on the insert below. Buchholtz Property General Nature and Scope of Proposed Dirt Excavation Project nll • Jl i and working toward location B-2 (B-2 and B-3 indicate test drilling sites to 50 feet). The depth of the material ilill !l 1 11 1111111 1 Kurt • • After all suitable material has been excavated from the pit, then the pit area is "reclaimed" by filling the pit with good dump material (only dirt ... no construction debris such as concrete,, trees,, steel rebar, etc. will be allowed). The pit is then compacted and graded. Native grasses will begin to grow on the reclaimed areas. There may be several excavation pits in different stages of excavating /filling. The plan is to start around the yellow line on the previous insert and work westward across the property. Buchholtz Property General Nature and Scope of Proposed Dirt Excavation Project Brush and old structures will be removed to enable additional excavation as well as providing additional safety in the event of an aircraft mishap. Brush removal should also minimize issues with birds in the area. Ill I lip III I should increase pilot safety. Some stockpiles of material may exist onsite waiting to be loaded into dump trucks. Possible screening machines onsite to divide the material into different piles based upon composition. TCEQ large construction NOI will be posted onsite. We plan on utilizing our Lower Seguin Road easement for a majority of truck traffic. Normal working hours M -Sa Agenda No. 10. ei IRIUM City Council October 26, 2021 Meeting: Department: Fire Department Subject: Discussion regarding Cul -De -Sac widths in the UDC Section 21.14.1 - Streets E. (C. Kelm/K. Long/B. Boney) During the review process of some projects, City staff found several differences in the sizing of Cul -Ce -Sac widths. Planning, Engineering, Public Works and Fire discussed items found and came up with some proposed changes to correct these differences moving forward.